HYDERABAD MUNICIPAL CORPORATION ACT, 1955
No act or proceedings of the Corporation or of any Committee or sub-Committee appointed under this Act shall be questioned on account of any vacancies in its body.
No disqualification of or defect in the election or appointment of any person acting as a member, as the Mayor or the Deputy Mayor or the Presiding Authority of the Corporation or as the Chairman or a member of any Committee or Sub-Committee appointed under this Act shall be deemed to vitiate any act or proceedings of the Corporation or of any such Committee or Sub-Committee, as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled.
Until the contrary is proved, every meeting of the Corporation or of a Committee or Sub-Committee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held, and all the members of meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a Committee or a Sub-Committee, such Committee or Sub-Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the Minutes.
(1) Subject to the provisions of sub-section (3), the Commissioner shall from time to time be appointed by the Government.
(2) The Commissioner shall be a whole time officer of the Corporation and shall not undertake any work unconnected with his office unless the Government in consultation with the Corporation sanctions the undertaking thereof by him.
(3) The Commissioner appointed under sub-section (1) shall be liable to be removed from his office as such by the Government, if
(a) at a meeting of the Corporation not less than two-thirds of the total number of Members vote for such removal in cases where the Commissioner persistently;
(i) makes default in performing the duties imposed or exceeds the powers conferred on him by or under this Act, o
The Government may appoint Additional and Deputy Commissioner to the Corporation. The persons so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.
(1) Additional Commissioner and Deputy Commissioner so appointed shall be subordinate to the Commissioner and shall exercise such of the powers and perform such of the duties as the Commissioner shall from time to time depute to him provided that the Commissioner informs the Corporation of the powers and duties which he, from time to time, deputes to the Additional Commissioner and Deputy Commissioner.
(2) All acts and things performed and done by a Additional Commissioner and Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner.
The Commissioner and the Additional Commissioner and Deputy Commissioner shall receive from the Local Government Service Fund constituted under sub-section (1) of Section 131 such monthly salary and allowances as Government may, from time to time, determine:
Provided that the salary of the Commissioner and the Additional Commissioner and Deputy Commissioner shall not be altered to their disadvantage during the period for which their appointments have been made or renewed.
Leave of absence may be granted, from time to time, to the Commissioner or the Additional Commissioner and Deputy Commissioner by the Government in consultation with the Standing Committee.
The allowance to be paid to the Commissioner or to an Additional Commissioner and Deputy Commissioner for absence on leave shall be of such amount, not exceeding respectively the amount of the salary of the Commissioner or Additional Commissioner and Deputy Commissioner as shall be determined by the Government.
Provided that if the Commissioner or a Additional Commissioner and Deputy Commissioner is a salaried servant of the Government, the amount of such allowance shall be regulated by the rules in force, relating to the leave allowance of the officers of his class.
During the absence on leave or other temporary vacancies in the Office of the Commissioner or Additional Commissioner and Deputy Commissioner the Government may appoint a person to act as a Commissioner or Additional Commissioner and Deputy Commissioner as the case may be, and every person appointed so to act shall exercise the powers and perform the duties conferred and imposed by this Act or any other law in force on the Commissioner or Additional Commissioner and Deputy Commissioner and be subject to all the liabilities, restrictions and conditions to which the Commissioner or Additional Commissioner and Deputy Commissioner is liable and shall receive a monthly salary not exceeding the salary payable to the Commissioner or Additional Commissioner and Deputy Commissioner as the Government shall determine.
(1) No person shall be qualified to be appointed to be the Commissioner or Additional Commissioner and Deputy Commissioner who has directly or indirectly or by himself or his partner or as a member of a Joint Hindu family any share or interest in any contract or employment with, by or on behalf of the Corporation other than as a Commissioner or Additional Commissioner and Deputy Commissioner as the case may be.
(2) Any Commissioner or Additional Commissioner or Deputy Commissioner who shall acquire directly or indirectly by himself or his partner or as a member of Joint Hindu family any share or interest in any such contract or employment as aforesaid shall cease to be Commissioner or an Additional Commissioner or Deputy Commissioner as the case may be, and his office shall become vacant. Explanation:- Nothing in this section shall apply to any such share of interest in any contrac
The Corporation shall make adequate provision for the following matters, namely:-
(1) erection of substantial boundary marks of such description and in such positions as shall be approved by the Government defining the limits or any alteration in the limits of the City.
(2) the watering, scavenging and cleaning of all public streets and places in the City and the removal of all sweepings therefrom;
(3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and the preparation of compost manure from such sewage, offensive matter and rubbish:
(3a) construction of drains and drainage works after collecting the prescribed fees fixed by the Commissioner, from time to time, from the persons who apply for construction a
The Corporation shall make payments at such rates and subject to such conditions as the Government may from time to time by general or special order determine, for the maintenance and treatment in any institution which the Government declares by notification in the Andhra Pradesh Gazette to be suitable for such purpose either within or without the City and other necessary expenses of persons undergoing anti-rabic treatment as indigent persons according to the rules applicable to such institutions;
Provided that the Corporation shall not be liable under this section for the maintenance, treatment and other expenses of any person undergoing anti-rabic treatment as an indigent person in any such institutions as aforesaid, unless such person immediately previous to his admission thereto has been resident in the City for atleast one year and has proceeded to such institution from the C
(1) The Corporation shall make payments at such rates per head as the Government, from time to time by general or special order determine, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city, which the Government declares by notification to be suitable for such purpose of pauper lunatics not being persons for whose confinement an order under Chapter XXXIV of the Code of Criminal Procedure, 1898, is in force, resident within, or under any enactment for the time being in force removed from, the city;
Provided that the Corporation shall not be liable under this section for the maintenance and treatment of any lunatic in any such asylum, hospital or house aforesaid, unless such lunatic, previous to his admission thereto, has been resident in the city for at least one year.
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The Corporation may provide from time to time , either wholly or partly, for all or any of the following matters, namely:-
(1) the organisation, maintenance or management of institutions within or without the city for the care of persons who are infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children;
(2) the organisation, maintenance or management of maternity and infant welfare homes or centres;
(3) the provision of milk to expectant or nursing mothers or infants or school children;
(4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of disease or for resea
Government may, in consultation with the Corporation and on such terms and conditions as may be specified in the said order, require the Corporation at any time by a notified order to undertake such measures for the improvement of Social and Economic status of the inhabitants of the City as shall be specified in the said order.
(1) The respective functions of the several Municipal authorities shall be such as are specifically provided under this Act or the rules or bye-laws made thereunder.
(2) Except as otherwise expressly provided in this Act, the municipal government of the City vests in the Corporation.
(3) Subject to the approval or sanction of the Corporation or the Standing Committee and subject also to all other restrictions, and conditions and limitations imposed by this Act or by any other law for the time being in force and whenever it is in this Act expressly so directed, the entire executive power for the purpose of carrying out of the provisions of this Act and of any other law for the time being in force which imposes any duty, or confer any power on the Corporation vests in the Commissioner who shall also:-
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(1) Any powers, duties and functions conferred or imposed upon or vested in the Corporation by any other law for the time being in force shall subject to the provisions of such law and to such restrictions, limitations and conditions as the Corporation may impose, be exercised, performed or discharged by the Commissioner.
(2) The Commissioner may, with the approval of the Standing Committee by order in writing, empower any municipal officer to exercise, perform or discharge any such power, duty or function under the control of the Commissioner and subject to his revision and to such conditions and limitations if any as he may think fit to impose.
x x x x Any of the powers, duties or functions conferred or imposed upon or vested in the Commissioner by or under any of the provisions of this Act may be exercised, performed or discharged, under the control of the Commissioner and subject to his revision and to such conditions, if any, as may be imposed, or as he shall think fit to impose in a manner not inconsistent with the provisions of this Act or rules made thereunder, by any municipal officer whom the Commissioner generally or specially empowers by orders in writing in this behalf; and to the extent to which any municipal officer is so empowered the word Commissioner occurring in any provision in this Act shall be deemed to include such officer.
(2) x x x
The Corporation may at any time call for any extract from any proceedings of the Standing Committee or of any Committee or Sub-committee constituted under this Act, and call for any return, statement, account or report concerning or connected with any matter with which the Standing Committee or any such Committee or Sub-Committee is empowered by or under this law to deal; and every such requisition shall be complied with by the Standing Committee or other Committee or Sub-Committee, as the case may be, without unreasonable delay.
(1) The Corporation may at any time require the Commissioner:-
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office in the office of any municipal officer or servant subordinate to him,
(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the Municipal Government of the City;
(c) to furnish a report by himself or to obtain from any officer 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 the Municipal Government of the City.
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(1) Subject to any bye-law made in this behalf under Section 586, a Member may question the Commissioner who shall answer any question concerning or connected with the administration of this Act or the Municipal Government of the City:
Provided that
(a) not less than seven clear days, notice in writing specifying the questions has been given to the Municipal Secretary;
(b) no question shall be asked
(i) which calls for an expression of the opinion or for the solution of an abstract legal question or of a hypothetical proposition; or
(ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any Court of Law or before any Tribunal in any part of the city
The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except in case specified in sub-section (2) of Section 172,be subject to the conditions that
(a) such expenditure so far as it is to be incurred in the financial year in which such power is exercised or duty performed is provided for under a current budget grant; and
(b) 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 financial year, the sanction of the Corporation is taken before liability for such expenditure is incurred:
Provided that during any financial year the renewals of previous sanctions or the fresh sanctions
With respect to the making of contracts under or for any purpose of this Act, 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 some other municipal authority, shall be made by him until or unless such approval or sanction has first of all been duly given;
(c) It shall be competent for the Commissioner to make a contract other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, not involving an expenditure exceeding rupees twenty lakhs
(d) x
It shall be competent for the Standing Committee to sanction works contract involving an expenditure exceeding rupees twenty lakhs but not exceeding rupees fifty lakhs.
(1) Every contract entered into by the Commissioner on behalf of the Corporation shall be entered into in such manner and form as would bind the Commissioner if such contracts were on his own behalf, and may in the like manner and form be varied or discharged:
Provided that
(a) where any such contract, if entered into by the Commissioner, would require to be under seal, the same shall be sealed with the common seal of the Corporation; and
(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding rupees five thousand shall be in writing and shall be sealed with the common seal of the Corporation the manner specified in sub-section (2) and shall specify the work to be done or the materials or goods to be supplied, as th
(1) Except as is hereinafter otherwise provided the Commissioner shall, at least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding rupees-five lakhs, give notice by advertisement in the local newspapers, inviting tenders for such contract.
(2) The Commissioner shall not be bound to accept any tender which may be made in pursuance of such notice but may accept, subject to the provisions of clause (c) of Section 124, any of the tenders so made which appears to him, upon a view of all the circumstances, to be the most advantageous:
Provided that the Standing Committee may for reasons which shall be recorded in their proceedings, authorise the Commissioner to enter into a contract without inviting tenders as herein provided or without
The Commissioner shall require sufficient security for the due performance of every contract in which he enters under the last preceding section, and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act.
Notwithstanding anything contained in this Act, the Corporation may determine either generally for any class of cases or specially for any particular case whether the Commissioner shall execute works by contract or otherwise.
Where a project is framed for the execution of any work the estimated cost of which exceeds rupees fifty lakhs,
(a) the Commissioner shall cause a detailed report to be prepared including such estimates and drawing as may be requisite and the Standing Committee shall lay the same before the Corporation.
(b)the Corporation shall consider the report and may reject the project or approve it either in its entirety or subject to modifications;
(c) where the Corporation approve the project, the report, subject to any modifications as aforesaid, shall be submitted to the Government;
(d) the Government may, after necessary technical scrutiny, sanction the project, either in its entirety or subject to modification;
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(1) In respect of any work the estimated cost of which is rupees fifty lakhs or more, the Commissioner shall give notice by advertisement in the newspapers in the prescribed manner, inviting tenders or applications from persons who satisfy the pre-qualifications specified in such notice.
(2) The Government may appoint, or authorise the Corporation to appoint, a committee, consisting of such members as they or it may deem fit, for the purpose of scrutinising and evaluating the pre-qualifications of the tenderers or applicants whose tenders or applications may be received in pursuance of the notice issued under sub-section (1), and fork making its recommendations to the Commissioner as the suitability or otherwise of persons to whom tender schedules may be issued in respect of the work.
(3) The Commissioner shall, after considering the rec
(1) There shall be constituted for the purposes of this Act and of any law for the time being in force regulating the powers and duties of other local authorities, a Local Government Service consisting of officers and servants of a Corporation who hold any of the posts specified in Schedule C which may from time to time be amended by the Government x x x
(2) Government shall have the power to appoint, dismiss and transfer and to take disciplinary action against officers belonging to the said service and prescribe conditions of their service.
(3) Unless it be otherwise prescribed under sub-section(2) the Hyderabad Civil Service Rules for the time being in force relating to the appointment and conditions of service and all rules for the time being force relating to the conduct and enquiry into the conduct of Government servants shall apply
(1) There shall be constituted a Local Government Service Fund to meet expenditure in respect of salaries, allowances, pensions, provident fund, gratuity and other necessary expenditure payable to the officers and servants of Local Government Service appointed under the provisions of this Act or of any other Law for the time being in force or rules made thereunder or by any order of the Government.
(2) The Corporation shall contribute 121/2% of its revenue towards the Local Government Service Fund constituted under sub- section (1):
Provided that the Government may from time to time by a notification in the Andhra Gazette revise or alter the percentage of the contribution towards the Local Government Service Fund.
(1) The Government may, in addition to the officers and servants specified in Schedule C appoint for the purpose of this Act and of any law for the time being in force regulating the duties and powers of other local authorities, duly qualified person or persons to Superintending Engineer, Chief Town Planner, Divisional Engineers, Assistant Engineer, Assistant Town Planning Officers, Architects, Inspecting Officers or Officers for the whole or any part of the State and may sanction such establishment for the said officers as may be deemed necessary.
(2) The officers and establishment appointed under sub-section (1)shall belong to the Local Government Service and their expenses shall be defrayed from the Local Government Service Fund constituted under Section 131.
(3) The powers and duties of the officer mentioned in sub-section (1) shall
(1) Notwithstanding anything in this Act or the rules made thereunder, the Government may after consulting all the municipal corporations in the State by notification in the Andhra Pradesh Gazette, constitute any class of officers or employees of the Municipal Corporation in the State of the category of Upper Division Clerks and above into a Municipal Corporation Service for the State.
(2) Upon the issue of a notification under sub-section (1), the Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the Municipal Corporation Service thereby constituted and such rules may vest jurisdiction in relation to such service in the Government or in such other authority or authorities as may be prescribed therein.
(3) Nothing in th
The Government shall appoint fit persons to be City Engineer, Medical Officer of Health, Municipal Examiner of the Accounts and Municipal Secretary, for the efficient functioning of the Corporation.
The City Engineer and Medical Officer of Health shall perform such duties as they are directed by or under this Act or the rules or bye-laws made there under or as may from time to time be required by the Commissioner x x x.
The Municipal Examiner of Accounts shall,
(a) perform such duties as he directed, by or under this Act or rules made thereunder to perform and such other duties with regard to the audit of Accounts of the Municipal Funds as will be required by him by the Commissioner.
(b) specify, subject to such directions as the Commissioner may, from time to time, give the duties and powers of the Auditors, Assistant Auditors, Clerks and servants immediately subordinate to him; and
(c) subject to the order of the Commissioner exercise supervision and control over the acts and proceedings of the said Auditors, Assistant Auditors, Clerks and servants.
The Municipal Secretary shall be the Secretary of the Corporation and also of the Standing Committee and shall,
(a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee, as shall be required of him by the Commissioner,
(b) have the custody of all papers and documents connected with the proceedings of :
(i) the Corporation and any Committee appointed by the Corporation under Section 98;
(ii) the Standing Committee and any sub-committee thereof;
(c) specify subject to such directions as the Commissioner may from time to time give, the duties of the officers and servants immediately subordinate to him; a
(1) Subject to the provisions of sub-section (5) the Standing Committee may from time to time determine the number, designations, grades, fees and allowances of officers and servants to be immediately subordinate to the Municipal Examiner of Accounts and Municipal Secretary.
(2) The Commissioner shall from time to time prepare and bring before the Standing Committee statements setting forth the numbers, designations, grades, fees and allowances of officers and servants wno should in his opinion be maintained and the amount and nature of the grades, fees, and allowances which proposes should be paid to each.
(3) The Standing Committee shall subject to the provisions of sub-section (5) sanction such statements either as it stands or subject to such qualifications as it deems expedient.
(4) In di
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The appointment of Municipal Officers and servants shall be made by such authority in such manner and subject to such conditions of service as may be prescribed.
Unless otherwise prescribed under Section 139, the Hyderabad Civil Service Rules for the time being in force relating to the appointment and conditions of service and all rules for the time being in force relating to the conduct and enquiry into the conduct of Government servants shall apply to the Municipal Officers and servants:
Provided that in the case of posts carrying such scale of pay as may, from time to time, by notification be specified by the Government, the appointing authority shall be the Commissioner.
(1) An appointing authority may, subject to the provisions of this Act, impose any of the penalties specified in Sub-section (2) on a Municipal Officer or servant if such authority is satisfied that such officer or servant is guilty of a breach of rules made and order issued under this Act or of discipline or of carelessness or neglect of duty or of other misconduct:
Provided that
(a) no Municipal Officer or servant shall be dismissed or removed by an authority subordinate to that by which he was appointed;
(b) any Municipal Officer or servant may be placed under suspension pending taking of proceedings under this Section, by such authority subordinate to the appointing authority as may be prescribed;
(c) x x x
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Leave of absence to any Municipal employee by whomever appointed, may be granted by the Commissioner, subject to the rules applicable to him.
The appointment of a person to act in the place of a Municipal Officer or servant absent on leave may be made when necessary subject to the aforesaid rules by the authority granting the leave.
(1) Any person who is directly or indirectly by himself or his partner, or if he belongs to a Joint Hindu Family by any member of the family, has any share or interest in any contract or employment with, by or on behalf of the Corporation other than as a Municipal Officer or servant shall be disqualified for being a Municipal Officer or servant.
(2) Any Municipal Officer or servant who shall acquire by himself or his partner any share or interest in any contract or employment as aforesaid shall cease to be a Municipal Officer or servant and his office shall become vacant.
Explanation :- Nothing in this section shall apply to any such share or interest in any contract or employment with, by or on behalf of the Corporation as in clause (h) of Section 22 it is permissible for a Member to have without his being thereby disqualified for bein
(1) The Corporation shall, for the purposes of this Act have power to acquire and hold movable and immovable property or any interest therein whether within or without the limits of the City.
(2) Any immovable property which may be transferred to the Corporation by the Government shall be held by it, subject to such conditions as may be imposed by the Government and shall be applied to such purposes as the Government may impose or specify when the transfer is made.
(3) It shall be competent for the Government to resume any land transferred to the Corporation by the Government with or without a condition for resumption whether before or after the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1991 for utilisation by the State Government or the Central Government or any authority under their control.
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(1) Whenever it is provided by this Act that the Commissioner may acquire, or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms at such rates or prices no exceeding such maxima as shall be approved by the Standing Committee, either generally for any class of cases or specially in a particular case.
(2) And whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at rates or prices not exceeding such maxima as shall be approved by the Standing Committee as aforesaid.
(3) Subject to the provisions of this Act, it sha
(1) Whenever the Commissioner is unable to acquire any immovable property under the last preceding Section by agreement, the Government may, in their discretion, upon the application of the Commissioner, made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation in accordance with the provisions of the Land Acquisition Act 1894 as amended for a public purpose within the meaning of the provisions of the said Act.
(2) The amount of compensation awarded and all other charges incurred in acquisition of any such property shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property shall vest in the Corporation.
(1) Subject to the provisions of Section 124, the Commissioner may dispose of by sale or exchange any movable property belonging to the Corporation the value of which does not exceed rupees twenty five thousand in each instance, or grant for any term not exceeding twelve months a lease of any immovable property belonging to the Corporation or lease or concession of any right of fishing or grazing or of gathering and taking fruit and the like : Provided that every such disposal, lease or concession made or granted by the Commissioner shall be reported to the Standing Committee within fifteen days.
(2) With the sanction of the Standing Committee, the Commissioner may dispose of by sale or exchange any movable property belonging to the Corporation the value of which exceeds rupees twenty five thousand but does not exceed such sum as may be specified by the Government by notification,
The Corporation may, from time to time borrow or re-borrow and take up at interest from the Central or the State Government or with the sanction of the Government, from any other person, any sum necessary for the purpose of
(a) defraying any costs, charges or expenses incurred or to be incurred by them in the execution of this Act.
(b) discharging any loan contracted under this Act or any other loan or debt for the repayment of which they are liable;
(c) making good any deficit in budget estimate, framed under Section 184;
(d) generally, carrying out the purposes of this Act.
If any new loan shall be contracted by the Corporation under this Act with the Central or the State Government, the same shall be subject to such terms and conditions as regards the period and manner of re-payment, security and the rate of interest, as may be fixed by the Central Government, or as the case may be, by the State Government.
(1) The Corporation may borrow or re-borrow any such sum as aforesaid from any person other than the Central or the State Government on the security of any immovable property belonging to them or proposed to be acquired by them under this Act or of all the taxes or of any tax which they are authorised be levy for the purposes of this Act or of all or any of those securities.
(2) And for the purpose of securing the repayment of any sum so borrowed, with interest thereon, they may mortgage to the person by or on behalf of whom such sum is advanced, any such immovable property or tax or the said undertaking.
The exercise of the powers of borrowing conferred by this Act shall be subject to the following provisions, namely;
(a) money shall not be borrowed for the execution of any work other than a permanent work including under this expression any work of which the cost ought, in the opinion of the Government, to be spread over a term of years;
(b) the money may be borrowed for such time, not exceeding sixty years, as the Corporation, with the sanction of the Government determine in each case;
(c) the Corporation shall either pay off the money so borrowed, within the period sanctioned, by equal annul instalments of principal or of, principal and interest, or in such other manner as may be approved by the Government or they shall in every year set apart as a sinking fund and accumulate in the way
(1) In respect of any sinking fund which by this Act the Corporation are directed or empowered to invest in public securities, and in respect of any surplus money which by this Act the Commissioner on behalf of the Corporation is empowered to invest in like securities, it shall be lawful for the Corporation to reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the Government shall have been duly obtained under Section 149, provided that the intention so to reserve and set apart such debentures shall have been notified as a condition of the issue of the loan.
(2) the issue of any such debentures direct to and in the name of the Municipal Commissioner, for the city or on behalf of the Corporation shall not operate to extinguish or cancel debentures, but every debenture so issued shall be
(1) All sinking funds established under this Act shall be subject to annual examination by the Accountant General x x x who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.
(2) The amount which should be at the credit of a sinking fund shall be calculated on the basis on the present value of all future payments required to be made to such fund under provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom
(3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current mark
(1) Notwithstanding anything contained in Sections 149, 151 and 152 the Corporation may, with the previous sanction of the Government, and for the purpose of discharging any liability take from any bank or banks credit on a cash account to be opened and kept with such bank or banks in the name of the Corporation, for a sum not exceeding in the aggregate rupees fifteen lakhs on the security of all or any of the taxe which the Corporation are authorised to levy for the purpose of this Act.
(2) The Corporation may, also with the previous sanction of the Government and subject to the provisions of this Act, mortgage any lands or property vesting or revesting or belonging to the Corporation in security of the payment of the amount of such credit or of the sums advanced from time to time on such cash account with interest thereon.
Notwithstanding anything contained in Sections 149 and 152, the Corporation may also borrow for the purpose of this Act, from any bank or banks in which under Section 178 the surplus moneys at the credit of the muncipal fund may be deposited, against any Government promissory notes or other securities in which for the time being the cash balance of the Corporation may be invested.
(1) Every mortgage authorised to be made under this chapter other than a mortgage made under Section 155 shall be by debenture in the from contained in Schedule D or in such other form as the Corporation, with the consent of the Government shall, from time to time determine.
(2) Every debenture issued under this Act shall be transferable by endorsement.
(3) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder thereof for the time being, without any preference by reason of some of such debentures being prior in date to others.
(1) When a debenture issued under this Act relating to the Municipal Government is alleged to have been lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction, it would be payable, he may, on application to the Commissioner, and on producing proof to his satisfaction of the loss, theft or destruction and of the justice of the claim, obtain from him an order
(a) if the debentures alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),
(i) for the payment of interest in respect of the debenture pending the issue of duplicate debenture, and
(ii) for the issue of a duplicate debenture payable to the applicant ; or
Subject to the provisions of Section 160, a person claiming to be entitled to a debenture issued under this Act may on applying to the Commissioner and on satisfying him of the justice of his claim and delivering debenture receipted in such manner and paying such fee as may be determined by the Commissioner obtain a renewed debenture payable to the person applying.
(1) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application for renewal has been made, the Commissioner may
(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party ; or
(b) refuse to renew the debenture until such a decision has been obtained ; or
(c) after such inquiry as is hereinafter provided and on consideration of the result thereof, declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration, issue a renewed debenture in favour of such party in accordance with the provisio
(1) When a renewed debenture has been issued under Section 159 in favour of any person, the debenture so issued shall be deemed to constitute a new contract between the Corporation and such person and all persons deriving the title thereafter through him.
(2) No such renewal shall affect the rights as against the Corporation of any other person to the debenture so renewed.
When a duplicate debenture has been issued under Section 158, or when a renewed debenture has been issued under Section 159 or Section 160, or when the principal sum due on a debenture in respect of which an order has bee made under Section 158, for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued, or in respect of which such payment has been made, as the case may be-
(a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of Section 158 or from the date of the payment of interest on the original debenture, whichever date is later ;
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Notwithstanding anything in Section 159 or 160, the Commissioner may in any case arising under either or those sections
(1) issue a renewed debenture upon receiving such indemnity in favour of the Corporation and the Commissioner as he shall think fit against the claims of all persons claiming under the original debenture ; or
(2) refuse to issue a renewed debenture unless such indemnity is given.
(1) Notwithstanding anything in Section 45 of the Indian Contract Act, 1872, when any debenture issued under this Act is payable to two or more persons jointly and either or any of them dies, the debenture shall be payable to the survivor or survivors of those persons.
(2) Nothing herein contained shall affect any claim which the representative of the deceased persons may have against the survivor or survivors in respect of the debenture jointly payable to him or them and the deceased.
(3) This section shall apply whether the death of the person to whom the debenture or security was jointly payable occurred or occurs before or after this section comes into force.
Notwithstanding anything in Section 45 of the Indian Contract Act, 1872, when two or more persons are joint holders of any debenture issued under this Act, any one of those persons may give an effectual receipt for any interest or dividend payable in respect of such debenture unless notice to the contrary has been given to the Commissioner by any other of the holders.
(1) The Standing Committee at its discretion may at the time of issue or at any time during the currency of any debenture or security under this Act, upon the application of the subscriber for, or holder of any such debenture or security, issued to him lieu of the debenture or security deliverable to or held by him, a certificate in the nature of a stock certificate in respect of the loan to which such debenture or security relates, which shall be in such form as the Corporation with the previous consent of the Government shall from time to time determine, and all the provisions as to interest or dividend on such debentures or securities shall, so far as may be, apply to the interest on the stock certificate.
(2) The repayment of the principal sum mentioned in a stock certificate issued under sub-section (1) in lieu of debenture or any other security, not being a debenture issued
(1) The Commissioner shall, at the end of each year prepare a statement showing
(a) the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year with particulars of the amount outstanding at the commencement of the years; the date of borrowing and the annual loan charges ;
(b) the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges ;
(c) in the case of every loan for which a sinking fund is maintained, the amount of accumulation in the sinking fund at the close of the year showing separately the amount paid to the credit of the fund in the year ;
(d) the loans repaid in the ye
(1) If any money borrowed by the Corporation from the Government, whether before or after the commencement of this Act, or any interest or costs due in respect thereof, be not repaid according to the conditions of the loan, the Government may attach the Municipal 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 municipal authority, officer or servant might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and all interest 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 wh
(1) Subject to the provisions of this Act and the rules and bye-laws
(a) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force, or under any contract,
(b) all proceeds of the disposal of property by or on behalf of the Corporation,
(c) all rents accruing from any property of the Corporation,
(d) all moneys raised by any tax levied for the purposes of this Act,
(e) all fees and fines payable and levied under this Act or under any rule, bye-law or standing order in force threunder,
(f) all moneys received by way of compensation or for compounding offences under the provisions
All moneys payable to the credit of the Municipal Fund shall be received by the Commissioner and shall be forthwith paid into the State Bank of Hyderabad to the credit of an account which shall be styled "the account of the Municipal Fund of the City of....
(1) Subject to the provisions of Section 678 no payment shall be made by the Bank aforesaid out of the Municipal Fund except on a cheque signed by two persons in the manner specified below, namely
(a) by either the Commissioner, Additional Commissioner, Deputy Commissioner, Accounts Officer-cum-Financial Advisor or any other Officer authorised by the Government;
(b) by either the Examiner of Accounts or in his absence by the Officer immediately subordinate to him.
(2) Payment of any sum due by the Corporation in excess of rupees one hundred shall be made by means of a cheque signed as aforesaid and not in any other way.
(3) Payment of any sum due by the Corporation, not exceeding rupees one hundred in amount, may be made by the Commissioner in ca
(1) Except as hereinafter provided, no payment of any sum shall be made by the Commissioner out of the Municipal Fund, 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 Section 191 or Section 192.
(2) Exceptions:- The following items shall be excepted from the prohibition imposed by sub-section (1), namely:-
(a) sums of which the expenditure has been sanctioned by the Standing Committee under Section 190; v(b) temporary payment under Section 176 for works urgently required in the public service;
(c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;
Whenever any sum is expended by the Commissioner under clauses (e), (f), (g), or (h) of Sub-section (2) of Section 172, he shall forthwith communicate the circumstances to the Standing Committee, which shall take such action under Sub-section (2) of Section 191 or recommend the Corporation to take, under Section 189 of under Sub-section (1) of Section 191, such action as shall in the circumstances, appear proper and expedient for covering the amount of the additional expenditure.
The moneys from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act or of any other law for the time being in force inclusive of
(a) the expenses of every election held under this Act;
(b) the contributions required to be made under Sub-section (2) of Section 131;
(c) the salaries and other allowances of all municipal officers, servants and all contributions to provident funds, pensions, gratuities payable under the
provisions of this Act or the bye-laws or of the statement framed under this Act for the time being in force;
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Expenditure by the Corporation out of the Municipal Fund shall save as otherwise provided by this Act, be made within the city only, but may, by a resolution of the Corporation supported by not less than half the total number of Members, be made outside the city for any of the purposes of this Act.
(1) On the written requisition of a Secretary to the Government, the Commissioner may at any time undertake the execution of any work certified by such Secretary to be urgently required in the public service and for this purpose may temporarily make payments from the Municipal Fund, so far as the same can be made without unduly interfering with the regular working of the Municipal Government. The cost of all work so executed and of the establishment engaged in executing the same shall be paid by the Government and credited to the Municipal Fund.
(2) On receipt of any requisition under Sub-section (1), the Commissioner shall forthwith forward a copy thereof to the Corporation, together with a report of steps taken by him in pursuance of the same.
The Corporation may constitute such special funds as may be prescribed and such other funds as may be necessary for the purposes of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed.
(1) Surplus moneys at the credit of the Municipal Fund which cannot be immediately or at an early date be applied to the purposes of this Act or of any loan raised thereunder may be, from time to time, deposited at interest in the State Bank of Hyderabad or be invested in public securities.
(2) All such moneys which are required to be kept readily available for application to purposes of this Act and all such surplus money which cannot in the opinion of the Commissioner and Standing Committee be deposited or invested in the manner specified under Sub-section (1) may be deposited at such bank or banks in the City which the Corporation may, subject to the approval of the Government from time to time select for the purpose.
(3) All such deposits and investments shall be made by the Commissioner on behalf of the Corporation with the sancti
Subject to the provisions of this Act, accounts of the receipt and expenditure of the Corporation shall be kept in such manner and in such forms as the Standing Committee shall from time to time specify.
(1) The Commissioner shall, as soon as may be after each first day of April, cause to be prepared a detailed report of the municipal administration of the city during the previous financial year, together with a statement showing the amounts of the receipts and disbursements credited and debited to the Municipal Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Standing Committee.
(2) The Commissioner shall incorporate with the said report and statement
(a) report for the same period from each head of a department subordinate to him;
(b) the account of balances due on loans then last published under Section 167.
(3) After examination and review of the report and stat
(1) The Commissioner shall forward a copy of each of the report and statement prepared by him under Section 180 together with a copy of the Committees review to the Local Administration Department for the purpose of being laid before the Legislative Assembly of the State.
(2) On receipt of such report and statement the Secretary to Government, Local Administration Department shall with such comments, if any, as he may deem necessary to make thereon take steps to cause the said report and statement to be laid without delay before the Legislative Assembly.
The Commissioner shall on or before each tenth day of November, cause to be prepared and lay before the Standing Committee, in such form as the said Committee shall from time to time approve:-
(a) an estimate of the expenditure which must or should in his opinion, be incurred by the Corporation in the next ensuing financial year;
(b) an estimate of all balances, if any, which will be available for re-appropriation on expenditure at the commencement of the next ensuing financial year ;
(c) an estimate of the Corporations receipt and income for the next ensuring financial year other than from taxation ;
(d) a statement of proposals as to the taxation which it will, in his opinion, be necessary or expedient to impose under the provisions of this Ac
The expenditure side of a budget estimate shall be classified under major heads, monir heads, subordinate heads and primary units:-
(a) Major head means the principal head of accounts corresponding to the different services under which expenditure is classified in the budget estimate, and may be divided into two or more heads ;
(b) Minor head means the head of accounts immediately subordinate to a major head under which each major head is classified in and may be further sub-divided into two or more subordinate heads;
(c) Subordinate head means the head of accounts immediately subordinate to a minor head under which each minor head is classified and may be further sub-divided into two or more primary units;
(d) Priminary unit means the ultimate
(1) The Standing Committee shall on or as soon as may be after each tenth day of November consider the estimates and proposals of the Commissioner after having obtained from the Commissioner such further detailed information, if any, as they shall think fit to require and having regard to the requirements of this Act shall frame therefrom subject to such modifications and additions therein or thereto as they consider them fit a budget estimate of the income and expenditure of the Corporation for the next financial year.
(2) The budget estimate of a Standing Committee shall
(a) propose with reference to the provisions of Chapter VIII the levy of municipal tax at such rates and in the case of octroi on such articles they shall think fit;
(b) provide for the payment, as they fall due of all su
At a meeting of the Corporation which shall be called for some day in January, not later than the tenth, the budget estimate, prepared by the Standing Committee with the report of the Standing Committee thereon shall be laid before the Corporation and they shall proceed to consider the same.
The Corporation shall, on or before the twentieth day of February, after considering the Standing Committees proposal in this behalf, determine, subject to the limitations and conditions provided in Chapter VIII, the rates at which municipal taxes referred to in Section 197 shall be levied in the next ensuing financial year.
Subject to the requirements of Section 186, the Corporation may refer the budget estimate back to the Standing Committee for further consideration, or adopt the budget estimates or any revised bedget estimates submitted to them as they stand or subject to such alterations as they deem expedient ;
Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in clauses (b), (c) and (e) of sub-section (2) of Section 184.
The total sum entered under a major head on the expenditure side which has been adopted by the Corporation shall be termed a budget grant.
(1) On the recommendation of the Standing Committee, the Corporation may, from time to time during financial year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year shall be reduced below the prescribed sum under Clause (e) of Sub-section (2) of Section 184.
(2) Such increased or additional budget grants shall be deemed to be included in the budget estimates adopted by the Corporation for the year in which they are made.
If the whole budget grant or any portion thereof remains unexpended at the close of the year in the budget estimate for which such grant was included and if the amount thereof has not been taken into account in the opening balance of the Municipal Fund, the Standing Committee may sanction the expenditure of such budget grant or such unexpended portion thereof, as the case may be during the next two following years for the completion according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.
(1) Subject to the provisions of Sub-section (1) of Section 189, the Corporation may, on the recommendation of the Standing Committee, from time to time, during a financial year sanction the transfer of any amount from one bedget grant to another.
(2) The Standing Committee may, at any time during a financial year
(a) reduce the amount of a budget grant;
(b) sanction the transfer of any amount within a budget grant from one minor head to another or from a subordinate head under one minor head to a subordinate head under another minor head ;or
(c) sanction the transfer of any amount exceeding rupees five thousand within a minor head from one subordinate head to another or from one primary unit to another.
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(1) If it shall at any time during any financial year appear to the Corporation, upon the representation of the Standing Committee, that notwithstanding any reduction of budget grants that may have been made under Section 191, the income of the Municipal Fund during the said year will not suffice to meet the expenditure sanctioned in the budget estimates of the said year as so reduced and to leave at the close of the year a cash balance of not less than the prescribed sum in the case of the Municipal Fund, it shall be incumbent on the Corporation to sanction forthwith any measure which shall be necessary for proportioning the years income to the expenditure.
(2) For the purposes of Sub-section (1) the Corporation may diminish the sanctioned expenditure of the year so far as it may be possible so to do with due regard to the provisions of this Act.
(1) The Municipal Examiner of Accounts shall conduct a weekly examination and audit of the municipal accounts and shall report thereon to the Standing Committee which may also from time to time and for such period as it thinks fit conduct independently an examination and audit of the municipal accounts.
(2) For the purposes of Sub-section (1) the Standing Committee and the Municipal Examiner of Accounts shall have access to all the municipal accounts and to all records and correspondence relating thereto, and the Commissioner shall forthwith furnish to the Standing Committee or the Municipal Examiner of Accounts any explanation concerning receipts and disbursements which they may call for.
The Municipal Examiner of Accounts in addition to any other duties or powers imposed or conferred upon him under this Act shall perform the duties and may exercise the powers specified in Schedule E.
(1) The Municipal Examiner of Accounts shall
(a) report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts;
(b) furnish to the Standing Committee such information as the said Committee may, from time to time require concerning the progress of the audit.
(2) The Standing Committee shall cause to be laid before the Corporation every report made by the Municipal Examiner of Accounts to the Standing Committee and every statement of the views of the Municipal Examiner of Accounts on any matter affecting the performance and exercise of the duties and powers assigned to him under this Act which the Municipal Examiner of Accounts may require the Standing
The Accounts of the Municipal Corporation shall be audited by the Director of State Audit, or by any officer nominated by him and a certificate of the accounts as audited shall be issued by the end of October every year duly making a copy thereof to the Government and also to the Accountant-General;
Provided that the Government may, at the time, for reasons to be recorded in writing appoint an Auditor for the purpose of making a special audit of the accounts and to report to the Government thereon.
(1) The Finance Commission constituted by the Governor in pursuance of Article 243-I of the Constitution shall also 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, tools and fees leviable by the State, which may be divided between them under this part and the allocation between the Corporation of their respective shares of such proceeds;
(ii) the determination of the taxes, tools 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.
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(1)
(i) For the purposes of this Act, the Corporation shall impose the following taxes, namely:-
(a) taxes on lands and buildings ;
(b) octroi ;
(c) taxes on vehicles;
(d) x x x;
(e) taxes on advertisements other than advertisements published in the newspapers;
(f) a tax on transfer of immovable property.
(ii) In addition to the taxes specified in clause (i) the Corporation may for the purposes of this Act and subject to the provisions thereof also impose any of the following taxes:-
(a) taxes on entertainments;
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(1) Before the corporation passes any resolution imposing a tax specified in sub-section (1) of Section 197 for the first time or at a new rate it shall direct the Commissioner to publish a notice in the Andhra Pradesh Gazette and in the local newspaper of its intention to do so and fix a reasonable period not being less than one month, from the date of publication of such notice in the Andhra Pradesh Gazette for submission of objections. The Corporation may, after considering the objections, if any, received within the period specified, determined by resolution to levy the tax. Such resolution shall specify the rate at which, the date from which and the period of levy if any, for which, such tax shall be levied.
(2) When the Corporation shall have determined to levy any tax for the first time or at a new rate, the Commissioner shall publish a notice in the manner laid down in Sub
(1) The following taxes shall subject to exceptions, limitations and conditions herein provided be levied on buildings and lands in the City and shall hereinafter be referred to as property taxes, namely:-
(a) a general tax;
(b) a water tax;
(c) a drainage tax;
(d) a lighting tax;
(e) a conservancy tax;
(2) Save as otherwise provided in this Act these taxes shall be levied at such percentages of their rateable value as may be fixed by the Corporation :
Provided that the aggregate of the percentages so fixed shall not in the case of any land or building be less than 15 per cent or greater than 30 per cent.
Subject to the provisions of Section 227 the water tax shall be levied only in respect of premises,-
(a) to which private water supply is furnished from, or which are connected by means of communication pipes with, any Board Water Works ; or
(b) which are situated in a portion of the city in which the Commissioner has given public notice that sufficient water is available from Board Water Works for furnishing a reasonable supply to all premises in the said portion.
(1) The conservancy tax shall be levied only in respect of premises-
(a) situated in any portion of the city in which public notice has been given by the Commissioner that the collection, removal and disposal of all excrementitious and polluted matter from privies, urinals and cesspools will be undertaken by municipal agency ;
(b) in which, wherever situate, there is a privy, water closet, cesspool, urinal bathing place or cooking place connected by a drain with a Board sewer. (As Amended by Act, No. 8 of 1982);
Provided that the said tax shall not be levied in respect of any premises situated in any portion of the city specified in clause (a), in or upon which, in the opinion of the Commissioner, no such matter as aforesaid accumulates or is deposited.
(1) The general tax shall be levied in respect of all buildings and lands in the city except
(a) buildings and lands solely used for purposes connected with the disposal of the dead ;
(b) buildings and lands or portions thereof solely occupied and used for public worship or for a charitable x x x purpose;
(bb) educational institutions upto 10th class, the buildings, of which are donated by charitable institutions or philanthropists, or which are depending on the grant-in-aid by the Government for the maintenance and such other educational institutions which are not running purely on commercial lines, but serving the cause of primary education which Government may consider from time to time ;
(c) buildings and lands vesting in the Central Government
(1) The Government may exempt any residential building occupied by the owner from the property tax where the annual rental value of the same does not exceed rupees six hundred.
(2) In respect of every house constructed for the urban poor, the Corporation shall collect an amount of rupees two for every half year towards property tax.
The x x x State Government (as the case may be) shall pay to the Corporation annually in lieu of the general tax from which buildings and lands vesting in the said Governments respectively are exempted by clause (d) of sub-section (1) of Section 202, a sum ascertained in the manner provided in Sub-sections (2) and (3).
(2) The rateable value of the buildings and land in the city vesting in the x x x State Government in respect of which, but for the said exemption, general tax would be leviable from the x x x State Government as the case may be, shall be fixed by a person, from time to time appointed in this behalf by the State Government with the concurrence of the Corporation. The said value shall be fixed by the said person, with a general regard to the provisions contained in this Act and the rules made thereunder concerning the valuation of property assessable to property taxes
(1) Property taxes shall be leviable primarily from the actual occupier of the premises upon which the said taxes are assessed if such occupier holds the said premises immediately from the Government or from the Corporation.
(2) Otherwise the said taxes shall be primarily leviable as follows, namely:-
(a) if the premises are let, from the lessor;
(b) if the premises are sub-let, from the superior lessor; and
(c) if the premises are unlet, from the person in whom the right to let the same vests.
(3) But if any land has been let for any term exceeding one year to a tenant, and such tenant has build upon the land, the property taxes assessed upon the said land and upon the building erected thereon shall be
If any premises to any property tax are let, and their rateable value exceeds the amount of rent payable in respect thereof to the person from whom, under the provisions of the last preceding section, the said tax is leviable, the said person shall be entitled to receive from his tenant the difference between the amount of the property tax levied from him, and the amount which would be leviable from him if the said taxes were calculated on the amount of rent payable to him.
(2) If the premises are sub-let and their rateable value exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount of rent payable in respect thereof to sub-tenant, by the person holding under him, the said tenant shall be entitled to receive from his sub-tenant or the sub-tenent shall be entitled to receive from the person holding under him, as the case may be, the dif
If any person who is primarily liable for the payment of any property tax himself pays rent to another person other than the Government or the Corporation in respect of the premises upon which such tax is assessed, he shall be entitled to credit in account with such other person for such sum as would be leviable on account of the said tax if the amount of the rent payable by him were the rateable value of the said premises.
(1) Whenever the title of any person primarily liable for the payment of property taxes on any premises, to or over such premises is transferred, the person whose title is so transferred shall, within three months from the date of the execution of the instrument of transfer, or its registration, if it be registered, or effecting the transfer if no instrument be 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 to whom the title of the deceased shall be transferred, as heir or otherwise, shall give notice of such transfer to Commissioner within one year from the death of the deceased.
(1) The notice to be given under the last preceding section shall be in the Forms 1 and 2, as the case may be, of Schedule F and shall state clearly and correctly all the particulars required by the said form.
(2) On receipt of any such notice, the Commissioner may, if he thinks it necessary require the production, of the instrument of transfer, if any or of a copy thereof obtained under Section 57 of the Registration Act, 1908 (Central) or any evidence acceptable to the Commissioner on the point of the title of the deceased person being transferred to him as heir or otherwise.
(3) No such notice shall be deemed to be validly given unless the property taxes due at the date of notice in respect of the premises to which it relates have been paid and unless such fee as may from time to time be
(1) Every person primarily liable for payment of a property tax on any premises who transfers his title to or over such premises without giving notice of such transfer to the Commissioner as aforesaid shall in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of all property taxes from time to time payable in respect of the said premises until he gives such notice, or until the transfer shall have been recorded in the Commissioners book.
(2) But nothing in this section shall be held to diminish the liability of transferee for the said property taxes, or to affect the prior claim of the Commissioner on the premises conferred by Section 238, for the recovery of the property taxes due thereupon.
(1) When any building is newly erected or re-erected, or when any building which has been vacant is re- occupied, the person primarily liable for the property taxes assessed on the building shall within fifteen days give notice thereof, in writing to the Commissioner.
(2) The said period of fifteen days shall be counted from the date of the completion or of the occupation, whichever first occurs, of the building which has been newly erected or re- erected and in the case of a building which has been vacant, from the date of the re-occupation thereof.
(1) When any building or any portion of a building, which is liable to the payment of a property tax, is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said tax shall give notice thereof, in writing, to the Commissioner.
(2) Until such notice is given the person aforesaid shall continue to be liable to pay every such property tax 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 ;
Provided that nothing in this section shall apply to a building or any portion thereof which has fallen down or been burnt down.
(1)
(a) The annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to be let from month to month or from year to year with reference to its location, type of construction, plinth area, age of the building, nature of use to which it is put and such other criteria as may be prescribed ;
(b) the annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to let from month to month or from year to year, less a deduction at the rate of 10% for buildings aged upto 25 years; and 20% for the buildings aged above 25 years; of that portion of such gross annual rent which is attributable to the buildings, apart from their sites and adjacent lands occupied as an appurtenance thereto and the said deduction shal
(1) To enable the determination of the rateable value of any building or land and the person primarily liable for the payment of any property tax leviable in respect thereof the Commissioner may require the owner or occupier of such building or land, or of any portion thereof, to furnish him, within such reasonable period as the Commissioner specifies in this behalf, with information or with a written return signed by such owner or occupier
(a) as to the name and place of abode of the owner or occupier, or of both the owner and occupier of such building or land; and
(b) as to the dimensions of such building or land, or of portion thereof, and rent, if any, obtained for such building, or land, or any portion thereof.
(2) Every owner or occupier on whom any such requisition is made shall be bou
The Commissioner shall keep a book, to be called the assessment book in which shall be entered every financial year
(a) a list of all buildings and lands in the City distinguishing each either by name or number, as he shall think fit;
(b) the rateable value of each such building and land, determined in accordance with the foregoing provisions of this Act;
(c) the name if ascertained of the person primarily liable for the payment of the property taxes, in respect of each such building or land ;
(d) if any such building or land is not liable to be assessed to the general tax, the reason of such non-liability ;
(e) when the rates of the property taxes to be levied for the year have been duly fixed by the Co
(1) Each of the wards into which the City is for the time being divided by the Corporation for efficient administration of Municipal Government, shall have a separate assessment book called Ward Assessment Book, and each ward assessment book may, if the Commissioner thinks fit, be divided into two or more parts for such purposes and with such several designations as the Commissioner shall determine.
(2) The Ward Assessment Books and their respective parts, if any, shall collectively constitute the assessment book.
(1) When any building or land is let two or more persons holding in severalty, the Commissioner may, for the purpose of assessing such building or land to the property taxes, either treat the whole thereof as one property, or, with the written consent of the owner of such building or land, treat each several holding therein or any two or more of such several holdings together, or each floor at flat, as a separate property.
(2) When the Commissioner had determined to treat all several holdings comprised within any one building or land repeated under this section as one property, he may subject to any general conditions which may, from time to time, be specified by the Standing Committee in this behalf, at any time not later than seven days before the first day on any half-year or quarter-year, as the case may be, for which an instalment of general tax shall be leviable in respect of
(1) When the name of the person primarily liable for the payment of property taxes in respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment book and in any notice which it may be necessary to serve upon the said person under this Act, the holder of such premises, within further description.
(2) If, in any such case, any person in occupation of the premises shall refuse to give such information as may be requisite for determining the persons primarily liable as aforesaid, the person in occupation shall himself be liable, until such information is obtained for all property taxes leviable on the premises of which he is in occupation.
(1) When the entries required by clauses (a), (b), (c) and (d) of Section 214 have been completed, as far as practicable, in a ward assessment book, the Commissioner shall give public notice thereof and of the place where the ward assessment book or copy of it, may be inspected.
(2) Such public notice shall be published in the Andhra Pradesh Gazette and in the local daily newspapers and also by posting placards in conspicuous places throughout the ward.
(1) Every person who reasonably claims to be the owner or occupier of some premises entered in the assessment book or the agent of any such owner or occupier shall be permitted free of charge, to inspect and to take extracts from any portion of the said book which relates to the said premises.
(2) Any person not entitled under Sub-section (1) to inspect and take extracts from any portion of the assessment book free of charge shall be permitted to do so an payment of such fee as shall from time to time be determined in this behalf by the Commissioner, with the approval of the Standing Committee.
(1) The Commissioner shall, at the time and in the manner provided in Section 218, give public notice of a day, not being less than twenty one days from the publication of such notice, on or before which complaints against the amount of rateable value entered in the ward assessment book will be received in his office.
(2) In every case in which any premises have for the first time been entered in the assessment book as liable to the payment of property taxes, or in which the rateable value of any premises liable to such payment has been increased, the Commissioner shall, as soon as conveniently may be after the issue of the public notice under Sub-section (1), give a special written notice to the owner or occupier of the said premises specifying the nature of such entry and informing him that any complaint against the same will be received in his office at any time within fifteen d
(1) Every complaint against the amount of any rateable value entered in the assessment book shall be made by written application to the Commissioner, which shall be left at his office on or before the day fixed in this behalf in the public or special notice aforesaid.
(2) Every such application shall set forth briefly but fully the grounds on which the valuation is complained against ;
Provided that the Commissioner may waive any delay in making the complaint under Section 220 or 221 in case such complaint is made in the same financial year explaining the delay to the satisfaction of the Commissioner.
The Commissioner shall cause all complaints so received to be registered in a book to be kept for this purpose and shall give notice in writing, to each complainant, of the day, time and place when and where at his complaint shall be investigated.
(1) At the time and place so fixed, the Commissioner shall investigate and dispose of the complaint in the presence of the complainant, if he shall appear, and if not, in his absence.
(2) For reasonable cause to be recorded, the Commissioner may, from time to time, adjourn the investigation.
(3) When the complaint is disposed of, the result thereof shall be noted in book of complaints kept under Section 222 and necessary amendments, if any shall be made in accordance with such result, in the assessment book.
(1) When the complaints, if any, have been disposed of and the entires required by clause (e) of Section 214 have been completed in the ward assessment book, the said book shall be authenticated by the Commissioner, who shall certify, under his signature, that except in the cases, if any, in which amendments have been made as shown therein, no valid objection has been made to rateable values entered in the said book.
(2) Thereupon, the said ward assessment book subject to such alterations as may thereafter be made therein under the provisions of the next following section shall be accepted as conclusive evidence of the amount of each property tax leviable on each building and land, in the ward, in the financial year to which the books relates.
(1) Subject to the provisions of Sub-section (2) the Commissioner may upon the representation of any person concerned or upon any other information at any time during the financial year to which the assessment book relates amend the same
(a) by inserting therein the name of any person whose name ought to be so inserted or any premises previously omitted;
(b) by striking out the name of the person not liable to the property-tax;
(c) by increasing or reducing the amount of any rateable value and of the assessment based thereupon;
(d) by altering the assessment on any land or building which has been erroneously valued or assessed through fraud, accident or mistake;
(e) by inserting or altering an entry in r
(1) It shall not be necessary to prepare a new assessment book every financial year, subject to the provisions of sub-section (3), the Commissioner may adopt the entires in the last preceding years book with such alterations as he thinks fit, as the entries for each new financial year.
(2) Public notice shall however be given, in accordance with Section 218 and 220 every year and the provisions of the said Sections and of Sections 221 to 225 both inclusive, shall be applicable each year.
(3) A new assessment book shall be prepared at least once in every five years.
(4) The corporation shall take into consideration the rent component of cost of living index prevailing at the time of preparation of new assessment books.
Provided that where the value
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No tax or charge of any kind shall be levied or demanded for the use of water in or from any drinking fountain, tank, reservoir, cistern, pump, well, duct, standpipe or other work used for the gratuitious supply of water to the inhabitants of the city and vesting in the Board :
Provided that water taken by any of the inhabitants from any such work shall be used only for personal or domestic purposes and not for the purpose of business or sale and shall not, except with the written permission of the Water Supply Engineer, be carried in any vehicle.
(1) The Commissioner may fix the conservancy tax to be paid in respect of any hotel, club, stable or other large premises at such special rates as shall be generally approved by the Standing Committee in this behalf, whether the service in respect of which such tax is leviable be performed by human labour or by substituted means or appliances.
(2) In the case of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential or charitable or religious purpose in respect of which the conservancy tax is payable by the Government, the Commissioner shall fix the said tax at a special rate approved as aforesaid.
(3) In any such case the amount of the conservancy tax shall be fixed with reference to the cost of probable cost of the collection, removal and disposal of excrementitious and po
(1) Any person who has paid to the Commissioner any water tax or conservancy tax in respect of any premises shall, if he was not himself in occupation of the said premises, during the period for which he has made such payment and subject to any agreement or contract, to the contrary, be entitled to receive the amount of the said payment from the person if any, in actual occupation of the said premises for the said period.
(2) For the recovery of the said amount from the person aforesaid, the person who has paid the same shall have the same rights and remedies as if such amount were rent payable to him by the person from whom he is entitled to receive the same.
When any building or land or any portion of any premises which the Commissioner has treated under Section 216 as a separate property has been vacant for not less than ninety days the Commissioner shall, subject to the provisions hereinafter contained, refund the property taxes, if any, to a maximum of one half of the amount paid in respect of such taxes for the number of days that such vacancy lasted.
For the purpose of Section 232:-
(a) premises shall be deemed to be vacant only if they are unoccupied and unproductive of rent ;
(b) premises shall be deemed to be productive of rent if let to a tenant having a continuing right of occupation thereof, whether they are actually occupied by such tenant or not;
(c) premises furnished or reserved by the owner for his own occupation whenever required shall be deemed to be occupied, whether they are actually occupied by the owner or not ;
(d) premises used or intended to be used for the purpose of any industry which is seasonal in character shall not be deemed to be vacant merely on account of their being unoccupied and unproductive of rent during such period or periods of the year in which seasonal oper
(1) No refund of any property tax shall be claimable from the Commissioner as aforesaid, unless notice in writing of the vacancy shall have been given by the person liable for the tax, or his agent, to the Commissioner.
(2) No refund shall be paid by the Commissioner for any period previous to the day of the delivery of such notice.
(3) When a vacancy continues from one half year or quarter-year, as the case may be in respect of which property taxes are, under Section 264 recoverable, into the next following half year or quarter-year as the case may be, no refund of any property tax shall be climable from the Commissioner as aforesaid on account of such continued vacancy, unless notice thereof shall be given to the Commissioner as aforesaid within thirty days from the commencement of the said next following half year or quarter year, as
No refund of water tax shall be claimable except from such time as a written application shall have been made to the Water Supply Engineer to stop the water supply to the vacant premises.
No refund of general tax shall be claimable in any case in which the Commissioner has sanctioned a drawback under sub-section (2) of Section 216.
It shall be in the discretion of the Commissioner to disallow any claim from refund of any property tax unless application therefor is made to him in writing within thirty days after the expiry of the half-year or quarter-year, as the case may be, to which the claim relates accompanied by the bill presented to the applicant under Section 266 for the amount of the tax from which the refund is claimed.
The property tax on buildings and lands shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or land and upon the movable property, if any, found within or upon such buildings or lands and belonging to the person liable to such tax.
Provided that all the taxes and dues to the Corporation including the property tax payable to the Corporation shall be liable to be recovered as if they were arrears of land revenue.
(1) Except as hereinafter provided, a tax at rates in the maxima and minima whereof are specified in Schedule G shall be levied on vehicles, boats and animals which are kept for use in the City for the conveyance of passengers or goods in the case of vehicles and boats, and for riding, racing draught or burden in the case of animals. Explanation: - A vehicle, boat or animal kept outside the limits of the city but regularly used within such limits shall be deemed to be kept for use in the city.
(2) The Corporation shall from year to year, in accordance with Section 186 determine the rates at which such tax shall be levied.
(1) The tax leviable under Section 239 shall not be levied in respect of
(a) vehicles, boats and animals belonging to the Corporation;
(b) vehicles, boats and animals vesting in the State to be used or intended to be used solely for public purposes and not used or intended to be used for purposes of profit;
(c) vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead;
(d) childrens permbulators and tricycles;
(2) If any question arises under clause (b)of Sub-section (1) whether any vehicle, boat or animal vesting in the State is or is not used or intended to be used for purposes of profit, such question shall be determined by the Government, whose decision sh
The Commissioner may, with the approval of the Standing Committee, compound with and livery stable keeper or other person keeping vehicles or horses or bullocks for hire or with any dealer having stables in which horses are kept for sale on commission or otherwise, for the payment of a lupsum for any period not exceeding one year at a time in lieu of the taxes leviable under Section 239 which such livery stable-keeper or other person or dealer would otherwise be liable to pay.
(1) The Commissioner shall keep a book, in which shall be entered from time to time-
(a) a list of the persons liable to pay any tax under Section 239;
(b) a specification of the vehicles and animals in respect of which the said persons are, respectively, liable to the said tax ;
(c) the amount of tax payable by each such person and the period for which it is payable;
(d) the particulars of every composition made under Section 241.
(2) Any person whose name is entered in the said book or the agent of any such person, shall be permitted, free of charge, to inspect and take extracts from the said book in respect of such person.
(3) Any person not entitled under
(1) In order that the said list may be prepared the Commissioner may require-
(a) the owner of any premises let to or occupied by more than one person owning or having possession of control of vehicles and animals to furnish him with a written return, signed by such owner, of the name and address of each of the said persons, and of the animals and vehicles owned by or in the possession or under the control of each of the said persons kept upon such owners premises;
(b) any person supposed to be liable to the payment of any tax on a vehicle or animal to furnish him with a written return, signed by such person and containing such information concerning the vehicles and animals, if any, owned by or in the possession or under the control of such person as the Commissioner shall deem necessary.
(2
(1) Every person who becomes the owner or obtains possession or control of any vehicle or animal in respect of which the said tax is leviable shall give notice in writing to the Commissioner within fifteen days after he has become the owner or has obtained possession or control of such vehicle or animal of the fact that he has become the owner or has obtained possession or control of such vehicle or animal, as the case any be.
(2) Every person who ceases to own or have possession or control or any vehicle or animal in respect of which the said tax is leviable shall give notice in writing to the Commissioner of the fact that he has ceased to own or have possession or control of such vehicles or animals. Such person shall, in addition to any other penalty to which he may be liable, continue to be liable for the payment of the said tax leviable form time to time in respect of such veh
(1) The Commissioner may make an inspection of any stable, garage or coach-house or any place wherein he may have reason to believe that a vehicle, boat or animal liable to a tax under this Act is kept.
(2) The Commissioner may if he has reasons to believe that any person has in his possession or under his control a vehicle, boat or animal liable to tax under this Act, by written summons require the attendance before him of such person or any servant of any such person and may examine such person or servant as to the number and description of vehicles, boats and animals owned by or in the possession or under the control of such person and every person so summoned shall be bound to attend before the Commissioner and to give true information to the best of his knowledge or belief as to the said matters.
If the tax leviable on any vehicle or animal in respect of any quarter has been paid and if during such quarter such vehicle or animal ceases to be kept within the city, or is otherwise rendered unfit for use or if such vehicle has been under repairs or if such animal has been kept in any institution for the reception of infirm or disused animals or is certified by a Veterinary Surgeon to have become unfit for use and has not been used, the person who paid the tax leviable on such vehicle or animal shall, subject to the provision hereinafter contained, and on the Commissioner or any Officer authorized by him, being satisfied in this behalf, be entitled to receive back from the Commissioner, if the period in such quarter for which such vehicle or animal has not been kept in the city or has not been used, on account of such vehicle or animal being destroyed, or rendered unfit for use or on account of such vehicle being under re
(1) No refund of the tax shall be claimable from the Commissioner under Section 246 unless notice in writing of the occurrence of the circumstances giving is to such claim has been given to the Commissioner by the person who paid the tax or his agent.
(2) If such notice is not received by the Commissioner within three days of the occurrence or commencement of the circumstances as aforesaid, the period previous to the date of the receipt of the notice shall be excluded in computing the period of eighty,sixty and thirty days, referred to in Section 246 for the proposes of granting any refund.
(3) It shall be in the discretion of the Commissioner to disallow any claim for refund of the tax, unless application claiming such refund is made to him in writing before the expiry of 15 days after the end of the quarter to which the claim relates a
(1) A tax not exceeding rupees ten per annum shall be levied on every dog kept within the city and not under the age of six months.
(2) Every person who owns or is incharge of any dog on which a tax is leviable under sub-section (1) shall be liable for such tax.
(3)
(a) Every person who owns or is incharge of any dog shall, before the first day of May in each financial year, forward to the Commissioner a return signed by him containing his name and address and the age of such dog.
(b) Every person who after the first day of May in any financial year becomes the owner or takes charge of any dog, shall within one week from the date on which he becomes the owner or takes charge of the dog, forward to the Commissioner a like return, signed by him.
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(1) When the owner or person incharge of any dog has paid the tax leviable on and the price fixed for the number tickets for such dog, the Commissioner shall
(a) grant him a licence for the keeping by him of such dog during the financial year for which he had paid the tax, and
(b) provide him with a number ticket, the number of which shall be specified in such licence.
(2) The owner or person incharge of any dog so licensed shall at all times cause the said number ticket to be kept attached to the collar or otherwise suspended from the neck of the dog.
(3) Any dog which has no number ticket so attached or suspended.
(i) shall be presumed to be a dog in respect of which no licence has been granted, and
No suit, prosecution or other legal proceedings shall be instituted against any person in respect of any act done in good faith in the pursuance of provisions of sub-sections (3),(4) and (5) of Section 249.
Nothing contained in Sections from 239 to 244,246,247,265 and the second sentence of sub-section (2) of Section 266 shall apply in respect of the tax leviable under Section 248.
Except as hereinafter provided, octroi, at rates not exceeding those respectively specified in schedule H shall be levied in respect of the several articles mentioned in the said schedule or of so many of them as the Corporation shall from year to year, in accordance with Section 186, determine when the said articles are imported from any place into the city.
The Commissioner shall cause tables of Octroi for the time being leviable, specifying the rates at which and the articles on which the same are leviable to be printed in the Andhra Pradesh Gazette and local daily newspapers and to be affixed in a conspicuous position at every place at which the same Octroi is levied.
(1) No Octroi shall be leviable on any article which, at the time of its importation, is certified by an officer empowered by the Government in this behalf to be the property of the State, to be used or intended to be used solely for public purposes and not to be used or intended to be used for purposes of profit.
(2) If any article on which octroi is payable is imported under a written declaration signed by the importer that such article is being imported for the purposes of fulfilling a specified contract with the Government or otherwise for the use of the Government the amount if any of the octroi paid thereon shall be refunded in full on production, at any time within six months after importation, of a certificate signed by an officer empowered by the Government in this behalf stating that the article so imported has become the property of the State, is used or intended to be u
Any article imported into the city for the purpose of immediate exportation may at the option of the importer be exempted from the levy of octroi if such article is conveyed direct from the place of import, to the place of export by such routes within such time, under such supervision and on payment of such fees therefore as shall be determined by the Standing Committee.
(1) When any article upon which octroi has been paid shall be exported from the city, the full amount of the octroi so paid shall, subject to the provisions hereinafter contained, be refunded.
(2) Such refunds shall be paid under such bye-laws as shall from time to time be framed in this behalf.
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The entertainment tax shall be levied on all payments for admission to a theatre, cinema, carnival or to any other place of entertainment, at rates the maxima and minima whereof are specified in Schedule J.
The entertainment tax shall not be leviable in respect of any entertainment, performance or show-
(a) for admission to which no charge or only a nominal charge, as may be prescribed, is made;
(b) which is not open to the general public on payment;
(c) the proceeds of which are intended to be utilised for public, educational, cultural or charitable purpose.
It shall be the duty of every proprietor, manager or person incharge of any entertainment to submit to the Commissioner such returns duly signed at such intervals, in such form and containing such information for the purpose of levy of the entertainment tax, as may be prescribed.
(1) The tax on transfer of property (hereinafter referred to as transfer tax) shall be levied
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act 1899 on every instrument of the description specified below which relates to immovable property situate within the City; and
(b) at a rate as may be fixed by Government not exceeding five per centum on the amount specified below against each instrument:- Description of instrument Taxable Amount
(i) Sale of immovable property The amount or value of the consideration for the sale as set-forth in the instrument or the market value of such property, whichever is higher.
(ii) Exchange of immovable property The value of the property of the greater value, as set-forth in the instrument or
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Whenever the Corporation determines, under Section 192, to have recourse to supplementary taxation in any financial year, they shall do so by increasing, for the unexpired portion of the said year, that rates at which any tax leviable under this Act is being levied or by adding to the number of articles on which octroi is being levied but every such increase or addition shall be made subject to the limitations and conditions on which any such tax is leviable.
(1) Each of the property taxes shall be payable in advance either in half-yearly or quarterly instalments as the Corporation may decide.
(2) In case of
(a) half-yearly instalments, the taxes shall be payable in advance on each first day of April and October;
(b) quarterly instalments, the taxes shall be payable on each first day of April and July and each first day of October and January.
(1) Except as is hereinafter otherwise provided the tax on vehicles and animals, shall be paid quarterly in advance, on each first day of April and each first day of July and each first day of July and each first day of October and each first day of January.
(2) If in any quarter a vehicle or animal becomes liable to such tax, such tax shall be leviable thereon from the earliest day in the quarter on which such vehicle or animal so becomes liable the amount of tax leviable for such quarter shall be, if such earliest day occurs
(a) in the first month of such quarter, the whole tax for such quarter,
(b) in the second month of such quarter, two-thirds of tax for such quarter,
(c) in the last month of such quarter, one-third of the tax for such quarter
(1) When any property tax or tax, on vehicles and animals or any instalment of any such tax, shall have become due, the Commissioner shall with the least practicable delay, cause to be served upon the person liable for the payment thereof a bill for the sum due.
(2) Every such bill shall specify the period for which the premises, vehicle or animal in respect of which, the tax is charged, as hereinafter provided, against time within which objections may be raised or on the decision, an appeal may be preferred, as hereinafter provided, against such decision. Every such bill for the payment of tax on vehicles and animals shall have to be printed on the reverse side of the bill the provisions of Sections 244 to 247.
(1) All the sums due for each half year or quarter year, as the case may be, for all or any of the property taxes, by any one person on account of one and the same property shall be charged to such person in one bill and shall be recoverable from him in the lump:
Provided that nothing herein contained shall affect the liability of such person to any increased tax to which he may be assessed on account of the said property under Section 225.
(2) If any one person is liable for all or any of the said taxes on account of more properties than one, it shall be competent to the Commissioner to charge to such person in one or several bills, as he shall think fit the several sums payable by him on account of such properties:
Provided that if such person, by written notice to the Commissioner, reques
(1) If the amount of tax for which any bill has been served as aforesaid is not paid into the Municipal Office within fifteen days from the service thereof the Commissioner may cause to be served upon the person liable for the payment of the same a notice of demand in the form of Schedule K, or to the like effect.
(2) For every notice of demand which the Commissioner causes to serve on any person under this section, a fee of such amount not exceeding one rupee shall in each as be fixed by the Commissioner, shall be payable by the said person and shall be included in the costs of recovery.
Section 268 of the Hyderabad Municipal Corporation Act, 1955, pertains to the procedure and authority related to the issuance of notices of demand for property taxes and the subsequent enforcement actions, including distress proceedings, for recovery of unpaid taxes. It forms a crucial part of the statutory framework governing municipal tax collection and enforcement in Hyderabad.
Section 268 mandates that if the amount of tax specified in a bill is not paid within fifteen days of service, the Municipal Corporation is entitled to issue a notice of demand. This notice serves as a formal demand for payment, and failure to comply can lead to proceedings such as distress or other recovery measures as prescribed under the Act.
Section 268 primarily deals with the procedural aspect of collecting property taxes, emphasizing timely notice and the authority of the Municipal Corporation to enforce collection. It applies to all cases where property taxes are levied and unpaid, ensuring a structured process for recovery. The section also underpins the Corporation’s authority to initiate distress proceedings after the expiry of the notice period.
While Section 268 itself does not specify penalties or punishments, failure to comply with the notice of demand can lead to enforcement actions such as distress proceedings under Section 269. Additionally, offences related to non-compliance or fraudulent acts concerning tax payments may attract penalties under other provisions of the Act, including prosecution and fines.
Note: The references are based on the provided sources and reflect the context of legal commentary on Section 268 of the Hyderabad Municipal Corporation Act, 1955.
(1) If the person liable for the payment of the said tax does not, within fifteen days from the service of the notice of demand, pay the sum due, or show sufficient cause for non-payment of the same to the satisfaction of the Commissioner, and if no appeal is preferred against the said tax as hereinafter provided, such sum, with all costs of the recovery may be levied under a warrant in the form of Schedule L, or to the like effect, to be issued by the Commissioner, by distress and sale of the goods and chattels of the defaulter, or if the defaulter be the occupier of any premises in respect of which a property tax is due, by distress and sale of any goods and chattels found on the said premises or, if the tax due in respect of any vehicle or animal by distress and sale of such vehicle or animal in whomsoevers ownership, possession or control, the same may be.
(2) If after the serv
Section 269 of the Hyderabad Municipal Corporation Act, 1955, deals with the powers of municipal authorities to distress and sell movable property of defaulters to recover unpaid taxes and fees. It provides a statutory mechanism for enforcing municipal revenue collection through distraint and sale.
Section 269 authorizes municipal authorities to levy distress on movable property, including goods, chattels, vehicles, and animals, of persons liable for unpaid property taxes or fees. If the dues are not paid within a specified period, the authorities can distrain and sell such property to recover the amount due.
Section 269 applies to the recovery of unpaid property taxes, fees, or other municipal dues. It empowers municipal authorities to recover arrears by distress and sale of movable property, ensuring enforcement of municipal revenue laws. The section also covers the sale of goods, chattels, vehicles, and animals belonging to defaulters.
While Section 269 itself primarily deals with distraint and sale, penalties for non-compliance or illegal distress may be prescribed elsewhere in the Act or under general penal provisions. The act also authorizes municipal authorities to impose fines and initiate penal actions against violators.
"Distress" - Section 269 authorizes municipal authorities to levy distress on movable property for recovery of unpaid taxes or fees. -
"Recovery mechanism" - Distraint and sale of goods, chattels, vehicles, or animals are the primary recovery methods under this section. -
"Unpaid dues" - The section applies when property tax or fees remain unpaid beyond the stipulated period, typically 15 days from service of the bill. -
"Authority power" - Municipal officials are empowered to seize and sell movable property of the defaulter to recover dues. -
"Property types" - The section includes goods, chattels, vehicles, and animals as the movable property subject to distress. -
"Procedural safeguards" - The section emphasizes that distress and sale must follow proper procedures, and any defect or clerical error does not invalidate the process if procedural requirements are met. -
"Legal precedence" - Courts have upheld the authority of municipal corporations to distrain and sell movable property under Section 269 for recovery of arrears. -
"Penal provisions" - The act allows for fines and penal actions against those violating distress procedures or obstructing recovery efforts. -
"Extended application" - The provisions of Section 269 are extended and applicable mutatis mutandis under the Telangana Municipalities Act, 2019, ensuring continuity of recovery mechanisms. -
"Limitations" - The section does not prescribe specific penalties for illegal distress; violations may attract penalties under general provisions of the Act or IPC. -
"Legal case reference" - In Municipal Corporation Hyderabad v. P.N Murthy, the court affirmed the authority of the corporation to distrain and sell movable property for recovery of dues under Section 269. -
"Assessment of distress" - The authority must determine the amount payable and serve proper notices before distress proceedings. -
"Defects in assessment" - Minor procedural defects or clerical errors in assessments or notices do not invalidate distress proceedings if substantial compliance is maintained. -
"Legal safeguards" - The section ensures that distress is only levied for lawful dues and through proper legal channels, safeguarding against arbitrary actions. -
"Application to other dues" - Besides property tax, unpaid fees or charges authorized under the Act can also be recovered via distress under Section 269. -
"Enforcement" - The section provides a robust enforcement mechanism, which is crucial for municipal revenue collection and financial health. -
Note: The references are based on the provided sources, primarily emphasizing the core legal principles and judicial interpretations related to Section 269.
The goods and chattels of any person liable for the payment of any tax, or the vehicle or animals in respect of which the tax is due for levy of which a warrant has been issued as aforesaid, may be distrained wherever the same may be found.
The officer charged with the execution of a warrant of distress issued under Section 269 shall forthwith make an inventory of the goods and chattels and vehicles or animals which he seizes under such warrant and shall at the same time give a written notice, in the form of Schedule M or in a similar form to the person in possession thereof at the time of seizure, that the said goods and chattels and vehicles or animals will be sold as therein mentioned.
(1) If the warrant is not in the meantime suspended by the Commissioner or discharged, the goods and chattels and vehicles or animals seized shall, after the expiry of the period named in the notice served under the last preceding section, be sold by order of the Commissioner, who shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery.
(2) The surplus, if any, shall forthwith be credited to the municipal fund, but if the same be claimed by written application to the Commissioner within one year from the date of the sale, a refund thereof shall be made to the person in possession of the goods and chattels or vehicles or animals at the time of the seizure. Any surplus not claimed within one year as aforesaid shall be the property of the Corporation.
For every distraint made under this Act a fee shall be charged at the rate set forth in Schedule N; and the said fee shall be included in the costs of recovery.
The Commissioner may, in his discretion, remit the whole or any part of any fee chargeable under the last preceding section or under sub-section (2) of Section 268.
(1) If the tax on any vehicle or animal governed by the provisions of Section 265, is not paid and a number plate is not obtained and affixed to the vehicle within thirty days from the date on which the tax becomes due, the Commissioner may at any time thereafter seize and detain the vehicle and the animal,if any, used or employed in drawing the vehicle and, if the owner or other person entitled thereto does not within seven days from the date of such seizure and detention claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds of the sale or such part thereof as shall be requisite in discharge of sum due and the charges incurred as aforesaid:
Provided that if any person becomes the owner or obtains possession or control of any vehicle or animal on whic
(1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served on the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may serve a bill for the amount on the occupier of the said premises, or,if there are two or more occupiers thereof, may serve a bill on each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.
(2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the foregoing provisions.
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(1) If the Commissioner shall at any time have reason to believe that any person from whom any sum is due on account of any property tax or tax on vehicles and animals, x x x is about forthwith to remove from the city, the Commissioner may direct the immediate payment by such person of the sum so due by him and cause a bill for the same to be served on him.
(2) If no service of such bill, the said person does not forthwith pay the sum due by him, the amount shall be leviable by distress and sale in the manner herein before provided, except that it shall not be necessary to serve upon the defaulter any notice of demand, and the Commissioners warrant for distress and same may be issued and executed without any delay.
Instead of proceedings against a defaulter by distress and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a property-tax or of tax on vehicles and animals x x x may be recovered from him by a suit in any Court of competent jurisdiction.
(1) Octroi -
(a) may be collected under the orders of the Commissioner, by municipal officers and servants appointed in this behalf: or
(b) if the Commissioner thinks fit, may, with the approval of the Standing Committee, be formed by him for any period not exceeding one year at a time or be collected by or under the orders of any person whom the Commissioner, with the approval of the Standing Committee, appoints to be his agent for this purpose.
(2) Octroi shall be collected, and refunds of Octroi shall be made, at such places and be managed and controlled in such manner as the Commissioner with the approval of the Standing Committee shall from time to time direct.
Every person authorised under Section 279 to collect or to refund Octroi shall have in respect of its collection or refund such powers and privileges and be subject to such liabilities in respect of anything done by him or for the purpose of collecting or refunding Octroi as may from time to time, be prescribed and in respect of the confiscation of goods in connection therewith such powers as are conferred by the foregoing provisions of this Act in respect of distress of movable property or vehicles, boats and animals.
The commissioner may, with the approval of the Standing Committee from time to time, write off any sum due on account of any tax or of the costs of recovery of any tax which shall in his opinion be irrecoverable.
(1) Subject to the provisions hereinafter contained, appeals against any reteable value or tax fixed or charged under this Act shall be heard and determined by the Judge.
(2) But no such appeal shall be heard by the said judge, unless:-
(a) it is brought within fifteen days after the accrual of the cause of complaint;
(b) a complaint has previously been made to the Commissioner under Section 221 and such complaint has been disposed of;
(c) a complaint has been made, by the person aggrieved within fifteen days after the first received notice of any amendment made in the assessment book under Section 225 and his complaint has been disposed of;
(d) in the case of an appeal against tax, the amount claimed fr
Where it is brought to the notice of the Director of Municipal Administration, that the property tax is under-valued, he may re-assess the property tax and fix the same tax accordingly.
(1)For the purpose of the last preceding section, cause of complaint shall be deemed to have occurred as follows, namely:-
(a) in the case of an appeal against a reteable value, on the day when the Commissioner under Section 221 against such value is disposed of:
(b) in the case of an appeal any amendment made in the assessment book, under Section 255 during the financial year on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of.
(2) In the case of an appeal against a tax, on the day when payment thereof is demanded or when a bill therefor is served.
Wherein any appeal under Section 282 the parties agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Judge for an order of reference on such appeal, apply in writing to the Judge for an order of reference on such matter and on such application being made, the provisions of the Arbitration Act, 1940 relating to arbitration in suits shall, so far as they can be made applicable, apply to such application and the proceedings to follow thereon, as if the Judge were a Court within the meaning of that Act and the application were an application made in a suit.
(1) If any party to an appeal against a rateable value under Section 282 makes an application to the Judge either before the hearing of the appeal, but before evidence as to value has been adduced, to direct a valuation of any premises in relation to which the appeal is made, the Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on survey and value the premises in respect of which the direction is given.
Provided that, except when the application is made by the Commissioner, no such direction shall be made by the Judge unless the applicant gives such security as the judge thinks proper for the payment of the costs of valuation under this sub-section.
(2) The costs incurred for valuation under sub-section(1) shall be costs in the appeal, but shall be payab
(1) If, before or on the hearing of an appeal under Section 282, any question of law or usage having the force of law, or the construction of a document arises on which the Judge entertains reasonable doubt, the Judge may either of his own motion or on the application of the party to the appeal, draw up a statement of the facts of the case and the point on which doubt is so entertained and refer such statement with his own opinion on the point for the decision of the High Court.
(2) Where a reference is made to the High Court under sub-section (1), the provisions of Rules from 2 to 5, both inclusive of Order XLVI in the First Schedule to the Code of Civil Procedure, 1908, shall so far as they can be made applicable, apply.
An appeal shall lie to the High Court from any decision of the Judge in an appeal under Section 282
(a) by which a rateable value in excess of rupees two thousand is fixed, and
(b) upon a question of law or usage having the force of law or the construction of a document.
The cost of all proceedings in appeal under Section 282 before the Judge including those of arbitration under Section 284 and of valuation under Section 285 shall be payable by such parties in such proportion as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of the Court.
(1) Every rateable value fixed under this Act against which no complaint is made as herein before provided, and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as herein before provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax, if no appeal is made therefrom and the decision of the High Court upon appeal bander Section 287, shall be final.
(2) Effect shall be given by the Commissioner to every such decision.
All municipal drains shall be under the control of the commissioner.
Any natural water course heretofore belonging to Government by which rain water or drainage of any kind is carried, may on application to the Government by the Commissioner with the previous approval of the Standing committee be vested in the Corporation:
Provided that
(a) it shall be in the discretion of the Government in each case to determine whether a particular water-course so applied for shall be so vested, and
(b) the Government declaring that a water-course so applied for may be made over to the Corporation shall, from the date thereof to be specified in this behalf operate to vest such water-course in the Corporation.
(1) The Commissioner shall maintain and keep in repair all municipal drains and, when authorised by the Corporation in this behalf, shall construct all new drains as shall from time to time be necessary for the effectually draining the city.
(2) The Commissioner shall also, in the case of any street in which there is a municipal drain, construct at the charge of the municipal fund such portion of the drain of any premises to be connected with such municipal drain as it shall be necessary to lay under any part of such street and the portion of any connecting drain so laid shall vest in the Corporation and be maintained and kept in repair by the Commissioner as a municipal drain.
(1) The Commissioner may carry any municipal drain through, across or under any street, or any place laid out as or intended for a street, or under any cellar or vault which may be under any street, and after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the city or, for the purpose of outfall or distribution of sewage, without the city.
(2) The Commissioner may enter upon and construct any new drain in the place of an existing drain in any land where in any municipal drain has been already lawfully constructed or repaired or altered any municipal drain so constructed.
(3) In the exercise of any power under this section, as little damage as can be, shall be done, and compensation shall be paid by the Commissioner to any person who sustains damage by the exercise of such po
(1) The Commissioner may enlarge, arch over or otherwise improve any municipal drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary.
(2) The discontinuance, closing up or destruction of any drain shall be so done as to create the least practicable nuisance or inconvenience to any person and if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be, provide for his use some other drain which would be as effectual as the one discontinued, closed up or destroyed.
(1) The municipal drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushsed, cleansed and emptied.
(2) For the purpose of flushing, cleansing and emptying the said drains, the Commissioner may, with the sanction of Corporation, construct or set-up such reservoirs, sluices, engines and other works as he shall from time to time deem necessary.
The owner of a private street shall be entitled to connect the drain of such street with a municipal drain subject to the following conditions, namely:-
(a) before commencing to construct such drain, the owner of the street shall submit to the Commissioner a plan of the street bearing the signature of a licensed surveyor in token of its having been made by him or under his supervision, and drawn, to such a convenient scale as the Commissioner shall require, and there shall be shown on such plan the position, course and dimensions of the proposed drain, with a section or sections thereof, and such other particulars in relation thereto as the Commissioner shall deem necessary and require, and no such drain shall without the approval in writing or contrary to the directions of the Commissioner be proceeded with;
(b) the drain of such priva
The owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage provided that he first obtains the written permission of the Commissioner and that he complies with such conditions as the Commissioner may impose as to the mode in which and the superintendence under which connections with municipal drains or other places aforesaid are to be made.
No person shall, without complying with the provisions of Section 296 or 297, as the case may be, make or cause to be made any connection of a drain belonging to himself or to some other person with any municipal drain or other place legally set apart for the discharge of drainage and the Commissioner may, with the approval of the Standing Committee, close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.
(1) Without the written permissions of the Commissioner no building, wall or other structure shall be newly erected or re-erected and no street or railway shall be constructed over any drain.
(2) If any building, wall or other structure be so erected or re-erected, or any street or railway be so constructed, the Commissioner, after giving the offending person ten days notice of his intention, may apply for the approval of the Standing Committee and may with their approval remove or otherwise deal with the same as he shall think fit, and the expenses thereby incurred shall be paid by the person offending.
(1) If it shall appear to the Commissioner that the only means or the most convenient means, by which the owner or occupier of any premises can cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage is, by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of such land a reasonable opportunity of stating objections, if any, may, with the approval of the Standing Committee, if no objection is raised, or if any objection which is raised appears to him invalid or insufficient by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.
(2)Every such order of the Commissioner, shall be a complete authority to the person in w
Every owner of land shall be bound to allow any person in whose favour an order has been made under Section 300, sub-section (1) to carry a drain into, through or under the land of such owner on such terms as may be specified in such order.
Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, and a municipal drain or some place legally set apart for the discharge of drainage is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises
(a) to make a drain of such material, size and description laid at such level and according to such alignment and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid.
Provided that, where any premises have already been drained in accordance with the bye-laws or have to be so redrained, no such requisition shall be made without the previous sanction of the Standing Committee:
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(1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, and a municipal drain or such place as aforesaid is situated at a distance exceeding one hundred feet from some part of the said premises, the Commissioner, may by written notice, require the owner or occupier of the said premises-
(a) to construct a drain up to a point to be specified in such notice, but not distant more than one hundred feet from some part of the said premises; or
(b) x x x
(2) Any requisition for the construction of any drain under sub-section (1) may comprise any detail specified in clause (a),(b) or (c) of Section 302.
(1) Where the Commissioner is of opinion that any group or block of premises, any part of which is situated within one hundred feet of a municipal drain, or other place legally set apart for the discharge of drainage already existing or about to be constructed, may be drained more effectually or economically in combination than separately the Commissioner may, with the approval of the Standing Committee, cause such group or block of premises to be drained by such method as appears to the Commissioner to be best suited therefor, and the expenses incurred by the Commissioner in so doing shall be paid by the owners of such premises in such proportions as the Standing Committee may think fit.
(2) Not less than fifteen days before any work under this section is commenced, the Commissioner shall give written notice to the owners of all the premises to be drained of-
(1) Where a drain connecting any premises with a municipal drain or other place legally set apart for the discharge of drainage is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, but is not, in the opinion of the commissioner, adapted to the general drainage system of the city or of that part of the city in which such drain is situated, the commissioner with the approval of the Standing Committee, may
(a) subject to the provision of sub-section (2) close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done;
(b) x x x
(2) No drain may be closed, discontinued or destroyed by the Commissioner under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage o
(1) It shall not be lawful to newly erect or re-erect any building, or to occupy any building newly erected or re-erected, unless and until-
(a) a drain be constructed of such size, materials and description, at such level; with such fall and outlet as shall appear to the Commissioner to be necessary for the effectual drainage of such building; and the drainage betterment charges as fixed by the Commissioner, from time to time, with the sanction of the corporation have been paid.
(b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the drainage from and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the sai
The Commissioner may, by notice in writing require the owner of any building in any street to put up and maintain in good condition proper and sufficient troughs and pipes for receiving and carrying the water from the roof and other parts of the building and for discharging the water so that it shall not fall upon any street or damage any street or other property vested in the Corporation.
No person shall, except with the permission of the Commissioner pass or cause or permit to be passed any excrementitious matter into any cesspool made or used under Section 303 or Section 306 or into any drain communicating with any such cesspool.
Every owner of a drain connected with a municipal drain or other place legally set apart for the discharge of drainage shall be bound to allow the use of it to others, or to admit other persons as joint owners thereof, on such terms as may be specified by the Commissioner.
Any person desiring to drain his premises into a municipal drain, through a drain of which he is not an owner, may made a private arrangement with the owner for permitting his use of the drain or may apply to the Commissioner for authority to use such drain or to be declared joint owner thereof.
(1)Where the Commissioner is of opinion whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a municipal drain or other place legally set a part for the discharge of drainage is through a drain communicating with such municipal drain or place aforesaid, but belonging to same person other than the said owner or occupier, the Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto may, with the approval of the Standing Committee, if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, either authorise the said owner or occupier to use the drain or declare him to be joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting t
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 to the Commissioner to require that there shall be one drain for sullage excrementitious matter and polluted water and another and an entirely distinct drain for rain water and unpolluted sub-soil water or for both rain water and unpolluted sub-soil water each emptying into Board sewer and municipal drain respectively or other places legally set apart for the discharge of drainage.
Except with the written permission of the Commissioner, and in conformity with such conditions as shall be specified by the Standing Committee, either generally or specially, in this behalf, no drain shall be so constructed as to pass beneath any part of a building.
xxxx
All drains, ventilation shafts and all appliances and fittings connected with drainage works constructed, erected or set up at the charge of the Municipal Fund upon a premises not belonging to the Corporation, whether before or after the passing of this Act, and otherwise than for the sole use and benefit of the said premises, shall, unless the Corporation has otherwise determined or shall at any time determine, vest, and be deemed to have always vested, in the Corporation.
(1) Every drain and cesspool, whether belonging to the Corporation or to any other person shall be provided with proper traps and coverings and with proper means of ventilation.
(2) The Commissioner may, by written notice, require the owner of any drain or cesspool not belonging to the Corporation to provide and apply to the said drain or cesspool such trap and covering and such means of ventilation as would be provided and applied if such drain or cesspool belonged to the Corporation.
(1) For the purpose of ventilating any drain or cesspool, whether belonging to the Corporation or to any other person, the Commissioner may erect upon premises or affix to the outside of any building or to any tree any such shaft or pipe as shall appear to the Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection ;and lay in through, or under any land, such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated:
Provided that any shaft or pipe so erected or affixed, shall-
(a) be carried at least fifteen feet higher than any skylight or window situated within a distance of forty feet therefrom;
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The Commissioner may cause any municipal drain to empty into a tank or other place whether within or without the city and in any manner, which he shall deem suitable for such purposes:
Provided that
(a) the Commissioner shall not cause any municipal drain to empty into any place into which a municipal drain has not hereto therefore been emptied, without the sanction of the Corporation;
(b) any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance;
(c) no municipal drain shall be made to empty into any place or in any manner, "which the Government shall think fit to disallow",
For the purpose of receiving, storing, disinfecting, distributing or otherwise disposing of sewage, the Commissioner may, when authorised by the Corporation in this behalf
(a) construct any work within or without the city,
(b) purchase or take on lease any land, building, engine, material or apparatus either within or without the city.
(c) enter into an arrangement with any person for any period not exceeding twenty years, for the removal or disposal of sewage within or without the City.
Provided that any power conferred by this section shall be exercised in such manner as to cause the least practicable nuisance.
(1) It shall not be lawful to construct a water-closet or privy for any premises except with the written permission of the Commissioner and in accordance with such terms not being inconsistent with any bye- laws for the time being in force as he may specify.
(2) In specifying any such terms, the Commissioner may determine in each case-
(a) whether the premises shall be served, by the water-closet or by the privy system, or partly by one and partly by the other; and
(b) what shall be the site or position of each water-closet of privy
(3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1) the Commissioner may, after giving not less than ten days notice to the owner or occupier of such premises, close such
(1) It shall not be lawful newly to erect or to re-erect a building for, or intended for human habitation, or at or in which labourers or workmen are to be employed, without such water-closet or privy and such urinal accommodation, and accommodation for bathing or for the washing of clothes and domestic utensils, as the Commissioner may determine.
(2) In determining any such accommodation the Commissioner may specify in such case--
(a) whether such building shall be served by the water-closet, or by the privy system or partly by one and partly by the other;
(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.
(1) Where any premises are without a water-closet privy, urinal, or bathing or washing place, or if the Commissioner is of opinion that the existing water-closet, privy, urinal or bathing or washing place available for the persons occupying or employed in any premises is insufficient, inefficient or on any sanitary grounds, objectionable the Commissioner may, with the previous approval of the Standing Committee, by written notice require the owner of such premises
(a) to provide, such or such additional water-closet, privy, urinal, or bathing or washing place as he determines;
(b) to make such structural or other alterations in the existing water-closet, privy, urinal or bathing or washing place as he determines; or
(c) to substitute water-closet accommodation or any privy accommodation:
Where it appears to the Commissioner that any premises area or are intended to be, used as a market, railway station, or other place of public resort or as a place in which persons exceeding twenty in number are employed in any manufacture, trade or business or as workmen or labourers, the Commissioner may, by written notice, require the owner or occupier of the said premises to construct a sufficient number of water-closets or latrines or privies and urinals for the separate use of each sex.
Where the Commissioner is of opinion that any privy is likely, by reason of its not being sufficiently detached from any building to cause injury to the health of any person occupying such building with the previous approval of the Standing Committee he may, by written notice, require the owner or occupier of the premises in or on which such privy is situated either
(a) to so close up such privy as to prevent any person using the same, and to provide in lieu thereof such water-closet or privy or such urinal as the Commissioner may determine; or
(b) to provide between the said privy and any portion of the said building such air-space, not exceeding three feet in width, open to the sky, and situate entirely within such limits of the said premises as the Commissioner may determine.
The owner or occupier of any premises on which there is a privy shall
(a) have between such privy and any building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, an air-space of at least three feet in width and open to the sky;
(b) have such privy shut off a sufficient roof and wall or fence from the view of persons dwelling in the neighbourhood or passing by;
(c) unless and except for such period as he shall be permitted by the Commissioner, under the power next herein after conferred, to continue any existing door or trap-door close up and not to keep any door or trap-door in such privy opening on to a street:
Provided that the Comm
The owner or occupier of any premises on which there is a water-closet shall-
(a) have such water-closet divided off from any part of a building or place used or intended to be used for human habitation or in which any person may be or may be intended to be employed in any manufacture, trade or business, by such means as the Commissioner shall deem sufficient;
(b) have such water-closet in such a position that one of its sides at the least shall be an external wall;
(c) have the seat of such water-closet placed against an external wall;
(d) cause such water-closet to be provided with such means of constant ventilation as the Commissioner shall deem adequate, by a window or other aperture in one of the walls of such water-closet, or by an opening di
No person shall build a privy or water-closet in such a position or manner as-
(a) to be directly over or directly under any room or part of a building other than another privy or water-closet or a bathing place, bathroom or terrace;
(b) to be within a distance of twenty feet from any well or from any spring, tank or stream the water where of is, or is likely to be used whether in natural manufactured state for human consumption, domestic purposes, or otherwise render the water of any well, spring, tank or stream liable to pollution.
No person shall use or permit to be used as a bathing place, or as a place for washing clothes or domestic utensils any part of any premises which has not been provided with all such appliances and fittings as shall in the opinion of the Commissioner, be necessary for collection the drainage thereof and conveying the same therefrom.
The Commissioner shall provide and maintain in proper and convenient situations and on sites vesting in the Corporation, water-closets, latrines, privies and urinals and other similar conveniences for the public.
(1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fittings or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings.
(2) If any such water-closet, privy, urinal or bathing or washing place or any fitting or appliance in connection therewith or the approaches thereto or the walls, floors or seats or anything used in connection therewith are in such a state as to be a nuisance or source of annoyance to any inhabitant of the locality or passer-by for want or proper cleaning thereof, such of the persons having the use thereof, as may be in default or, in the absence of evidence as to which of the persons having the use thereof in common is in default, every such person shall be deemed to have contravened the provisions of this section.
&
All drains, ventilation shafts and pipes, cesspools, house-gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the Corporation, or which have been constructed, erected, or set up at the charge of the municipal fund on premises not belonging to the Corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Commissioner.
For the purpose of such inspections and examinations, the Commissioner may cause the ground or any portion of any drain or other work exterior to a building or with the approval of the Standing Committee, any portion of building which he shall think fit, to be opened, broken up or removed:
Provided that in the prosecution of any such inspection and examination as little damage as can be, shall be done.
(1) If upon any such inspection and examination as aforesaid it shall be found that the drain, ventilation shaft or pipe, cesspool, housegully, water-closet, privy, latrine or urinal or bathing or washing place is in proper order and condition, and that none of the provisions of this Chapter has been contravened in respect of the construction or maintenance thereof, and that no encroachment has been made thereupon, the ground or portion of any building, drain or other work, if any, opened, broken up or removed for the purpose of such inspection and examination shall be filled in, reinstated and made good by the Commissioner.
(2) When the expenses of inspection and examination are to be paid by the owner:- If it shall however be found that any drain, ventilation-shaft, or pipe, cesspool, housegully, water-closet, privy, latrine, urinal or bathing or washing place inspected and exami
(1) When the result of such inspection and examination as aforesaid is as described in sub-section (2) of Section 334, the Commissioner may
(a) by written notice require the owner of the premises or the several owners of the respective premises in which the drain, ventilation-shaft or pipe, cesspool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated or for the benefit of which the same has been constructed, erected, or set up
(i) to close or remove the same or any encroachment thereupon or subject to the proviso to clause (c) of Section 337 to remove any projection over the same; or
(ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch or take such other step with the same as he shall think fit to direct and to fill in, reinstate and m
In the case of any drain which has been constructed, erected or set up, or which is continued, for the exclusive use and benefit of two or more premises and which is not
(a) a drain constructed under Section 304, sub-section (1), or
(b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under Section 311, sub-section (1) the expenses of any inspection and examination made by the Commissioner under Section 332 and the execution of any work required under Section 335, whether executed under Section 340 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined
(i) by the Standing Committee if the aggregate amount of such expenses exceeds rupees one hundred; or
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No person shall
(a) in contravention of any of the provisions of this Chapter or any notice issued or direction given under this Chapter, or without the written permission of the Commissioner, in any way alter the fixing, disposition or position of; or construct, erect, set up, renew, re-build, remove, obstruct, stop up, destroy or change, any drain, ventilation, shaft or pipe, cesspool, water-closet, privy latrine, urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;
(b) without the written permission of the Commissioner, renew, re-build, or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been, or has been ordered to be discontinued, demolished or stopped up under any o
On the written request of any person who is required under any of the provisions of this Chapter to supply any materials or fittings or to do any work, the Commissioner may, in such persons behalf supply the necessary materials or fittings, or cause the necessary work to be done; but he shall not do so in any case to which the provisions of sub-section (3) of Section 641 or Section 643 will not apply unless a deposit is first of all made by the said person of a sum which will in the opinion of the Commissioner, suffice to cover the cost of the said materials fittings and work.
(1) No person shall permit any work described in this Chapter to be executed except by a licensed plumber;
Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employs a licensed plumber to execute any such work shall, when so required, furnish to the Commissioner the name of such plumber.
(3) Every such person shall, within one month after completion of any such work and before permitting the same or any portion thereof to be filled in or covered over, deliver, or send or cause to be delivered or sent to the Commissioner at his office notice in writing of the completion of such work, accompanied by a certificate in the form of sch
(1) The Commissioner, may, if he thinks fit, cause any work described in this Chapter to be executed by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed, the option of doing the same.
(2) The expenses of any work so done shall be paid by the person aforesaid, unless the Corporation shall, by a general or special order or resolution, sanction as they are hereby empowered to sanction, the execution of such work at the charge of the Municipal Fund.
All streets within the city being or which at any time become public streets and the pavements, stones and other materials thereof, shall vest in the Corporation and be under the control of the Commissioner.
(1) The Commissioner shall from time to time cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered and repaired, as occasion shall require; he may also from time to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of pedestrians:
Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed rupees five thousand or such higher amount as the Corporation may from time to time fix, shall be undertaken by the Commissioner unless or until such undertaking has been authorised by the Corporation.
(2) With the sanction of the Corporation, the Commissioner may permanently close the whole or any part of a public
(1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other agency authorised by them in this behalf to exercise the powers of the Corporation and the Commissioner vested in them by or under this Act for the purpose of levelling, metalling, paving, channelling, widening or otherwise to carry out any repair to the public streets vested in the Corporation and also to lay new roads at their own expenses in public interest.
(2) For the purpose of enabling the Government or the agency authorised by them to undertake repairs under sub-section (1) the public streets shall vest in the Government temporarily from a date to be notified by them in this behalf and thereupon it shall be competent for the Government to take over possession of the public streets from the said date. The public streets or any new roads laid under sub-section (1) shall c
Whenever any public street, or part of a public street is permanently closed under Section 374 the site of such street, or of the portion thereof which has been closed, may be disposed of as land vesting in the Corporation.
The Commissioner when authorised by the Corporation in this behalf may at any time
(a) lay out and make a new public street;
(b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation, and that such street shall become, on completion, a public street, which shall vest in the Corporation;
(c) declare any street made under any scheme of the City Improvement Board to be a public street.
(1) The Corporation may, from time to time specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
(2) The width of a new public street made under Section 376 shall not be less than that specified under sub-section (1) for the class to which it belongs, and no steps and except with the written permission of the Commissioner under Section 399 no other projections shall extend on to any such street.
The Commissioner when authorised by the Corporation in this behalf, may agree with any person;
(a) to adopt and maintain any existing or projected sub-way, bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, viaduct or arch and approaches as parts of public streets or as property vesting in the Corporation, or
(b) for the construction or alteration of any such sub-way, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person or partly at the expense of the Corporation.
(1) It shall be lawful for the Commissioner with the sanction of the Corporation to:-
(a) prohibit vehicular traffic in any particular public streets, vesting in the Corporation so as to prevent danger, obstruction, or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;
(b) prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight or size of laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians alone or over such street or streets except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants
(1) The Commissioner may subject to the provisions of Sections 146, 147 and 148. :-
(a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge, or subway or of making any new public street, bridge or subway, and the buildings, if any, standing upon such land;
(b) acquire in addition to the said land and the buildings, if any, standing thereupon, all such land with the buildings, if any, standing thereupon as it shall deem expedient for the Corporation to acquire outside for the regular line or of the intended regular line of such street;
(c) lease, sell or otherwise dispose of any land or building purchased under clause (b).
(2) The acquisition of land for providing, ext
(1) The Commissioner may
(a) determine a line on one or both sides of any public street :
Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a street line for the purpose of this Act until a street line is prescribed by the Commissioner under this clause.
(b) from time to time, but subject, in each case to the previous approval of the Standing Committee determine a fresh line in substitution for any line so determined or for any part thereof :
Provided that such approval shall not be accorded unless, at least one month before the meeting of the Standing Committee at which the matter is decided, publ
(1) If any building or any part of a building abutting on a public street is within the regular line of street, the Commissioner may, whenever it is proposed
(a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level such half to be measured in cubic feet; or
(b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which the regular line of the street in any order which he issues concerning the rebuilding, alteration or repair of such building to be set back in the regular line of the street.
(2) When any building or any part thereof within the regular line of the street falls down or is burnt down or is taken down, whether under the provisions of this Act or otherwise, the Commis
(1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street may, if the provisions of Section 382 do not apply, by written notice-
(a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or
(b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by hi
If any land not vesting in the Corporation, whether open or closed, lies within the regular line of a public street and is not occupied by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or portion of a platform, verandah, step, compound wall, hedge, or fence or other such structure, is within the said line of such street, the Commissioner may after giving to the owner of the land or building not less than seven clear days written notice of his intention to do so, take possession on behalf of the Corporation of the said land within its enclosing wall, hedge or fence, if any or of the said platform, verandah, step or other structure as aforesaid or of the portion of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and; if necessary, clear the same and the l
(1) If a building or land is partly within the regular line of a public street and if the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of setting forward of building under Section 386.
(1) If any building which abuts on a public street is in rear of the regular line of street, the Commissioner may, whenever it is proposed
(a) to re-build such building; or
(b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground-level, such half to be measured in cubic feet; in any order which he issues concerning the rebuilding, alteration or repair of such building, permit, or with the approval of the Standing Committee, require such building, to be set forward to the regular line of the street.
(2) For the purpose of this section, a wall separating any premises from a public street shall be de
(1) Compensation in accordance with the provisions of the Land Acquisition Act, 1894 as amended from time to time, shall be paid by the Commissioner to the owner of any building or land required for a public street under Sections 382, 383, 384 or 385 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner:
Provided that:
(i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set-back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;
(ii) if any such increase in value exceeds t
Every person who intends
(a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon,
(b) to divide land (whether unbuilt or partly built) into building plots,
(c) to use any land or a portion thereof or permit the same to be used for building purposes, or
(d) to make or lay out a private street whether it is intended to allow the public a right of passage or access over such street or not, shall give written notice of his intention to the Commissioner and shall along with such notice, furnish a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, in case the extent of land exceed
If any notice under Section 388 does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case or if any such notice given for any or all of the purposes mentioned in clause (a), (b) or (c) of the said section does not contain any proposal or intention to make or lay out a private street, he may, at any time within thirty days after receipt of the said notice, by written notice require the person who gave such notice
(a) to furnish the required information together with all or any of the prescribed documents, or
(b) to revise any or all of the schemes submitted under the said clause (a), (b) or (c) so as to provide for the making or laying out of a private street or private streets of such width or widths as he may specify in addition to or in substitution for any means of a
The Commissioner may decline to accept any plan,section or description as sufficient for the purposes of Section 388 or 389 which does not bear the signature of a licensed Surveyor in token of its having been prepared by such Surveyor or under his supervision.
(1) The laying out of land for building the dimensions and area of each building plot,the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of, and access to all buildings to be erected on such land or on either side of such street shall be fixed and determined by the Commissioner subject to such general directions as the Standing Committee may give in this behalf from time to time with the general object of securing sanitary conditions, amenity and convenience in connection with laying out and use of the land of any neighbouring lands and also with the object that the proposed private street may not conflict with any arrangements which have been made or which are, in the opinion of the Commissioner, likely to be made for carrying out any general scheme of new streets or of improv
(1) No person shall, sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or layout any private street-
(a) unless such person has given previous written notice of his intention as provided in Section 388 nor until the expiration of sixty days from delivery of such directions, if any, as may have been fixed and determined under sub-section (1) of Section 391.
(b) after the expiry of the period of one year specified in sub- section (2) of Section 391.
(c) unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.
If a person who is entitled to proceed with any work under Section 391 fails so to do within the period of one year specified therein he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under Section 388.
If any private street or any other means of access to a building be not levelled, metalled, flagged or paved. xxx drained, channelled, lighted or provided with trees for shade to the satisfaction of the Commissioner, he may, with the sanction of the Standing Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or others means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section to carryout anyone or more of the aforesaid requirements in such manner as he shall direct.
When any private street has been levelled, metalled flagged, or paved, sewered, drained, channelled and made good to the satisfaction of the Commissioner, he may and, upon the request of the owners or of any of the owners of such street, shall, if lamp posts and other apparatus necessary for lighting such street have been provided to his satisfaction and if all land revenue payable to the Government in respect of the land comprised in such street has been paid, declare the same to be a public street by notice in writing put up in any part of such street, and thereupon the same become a public street and vest in the Corporation as such:
Provided that no such street shall become a public street if, within one month after such notice has been put up the owner of such street or the greater part thereof shall, by notice in writing to the Commissioner, object thereto.
The Hyderabad Municipal Corporation Act, 1955, serves as a legislative framework for the governance of municipal corporations in Hyderabad. Among its various provisions, Section 395 specifically addresses the authority of the municipal corporation to declare private streets as public streets under certain conditions.
Section 395 empowers the municipal corporation to declare a private street as a public street once it has been adequately improved—specifically, when it has been levelled, metalled, flagged, or paved. This provision aims to enhance public access and infrastructure within the city.
The scope of Section 395 is significant as it allows for the transformation of private streets into public thoroughfares, thereby facilitating better urban planning and public access. This provision is crucial for the development of urban infrastructure and the enhancement of public amenities.
The specific punishment for violations related to Section 395 is not detailed within the section itself. However, related sections of the Act may impose penalties for non-compliance with municipal regulations.
If a portion only of any street is a public street, the other portion of such street may be for all purposes of Sections 394 and 395 be deemed to be a private street.
(1) Except as provided in Section 399 no person shall erect, set up add to or 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, or 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 of proper working of such drain or channel or to impede the inspection or cleansing thereof.
(2) Power to require removal of the same :- The Commissioner by written notice, require the owner or occupier of any premises to remove or to take such other action as he may direct with any structure or fixture which has been erected, set up, added to or placed against or i
If any such structure or fixture as is described in sub-section (1) of Section 397 has been erected, set up, added to, or placed against or in front of any premises at any time before the coming into force of this Act, the Commissioner may give notice as aforesaid to the owner or occupier of the said premises:
Provided that in any such case the structure or fixture was lawfully erected, set up, added to or placed compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.
(1) The Commissioner may give a written permission on such terms as he shall in each case think fit to the owner or occupier of any building abutting on 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, sun- shade, weather-frame, canopy, 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 the construction of arcades has not been generally sanctioned by the Corporation.
(2) The provisions of Sections 397 and 398 shall not be deemed to apply to any arcade, verandah, balcony, arch,
The Commissioner may at any time, by written 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 to obstruct the safe or convenient passage of the public along such street, to have said door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with permission of the Commissioner under Section 428 or 433 erect, or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form any open an obstruction to or an encroachment upon or a projection over, to occupy, any portion of such street, channel, drain, well or tank.
(2) Nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (1) of Section 413 applies.
(1) No person shall, except with the written permission of the Commissioner- (a) place or deposit upon any street, or upon any open channel, drain or well in any street or in any public place, any stall, chair, bench, box, ladder, bale, or other thing whatsoever so as to form an obstruction thereto or encroachment thereon; (b) project, at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street; (c) attach to, or suspend from any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever.
(2) Whoever contravenes the provisions of sub-section (1)shall on conviction, bepunishable with imprisonment which may extend to one month or with fine which mayextend to five thousand rupees or with both.
(3) Anything p
Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall hawk or expose for sale in any public street any article whatsoever, whether it be for human consumption or not.
Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain, use his skill in any handicraft or in rendering services to and for the convenience of the public in public place or public street.
The Commissioner may, without notice, cause to be removed
(a) any wall, fence, rail, post step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture which shall be erected or set up in or upon or over any street, any open channel, drain, well or tank contrary to the provisions of this Act;
(b) any stall, chair, bench, box, ladder, board or shelf, or any other thing whatever placed, deposited, projected, or suspended, in, upon, from or to any place in contravention of this Act;
(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on which such article is placed.
The Commissioner may, by written notice, require the owner, occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture which it would be unlawful to erect or set up under this Act has been erected or set up to remove the said wall, fence, rail, post, step, booth or other structure or thing:
Provided that, if any such case the structure or fixture shall have been lawfully erected or set up, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.
(1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household in any public utility place.
(2) Any animal tethered as aforesaid may be removed by the Commissioner, or by any Municipal Officer or servant who is authorised and who shall deal therewith as with an animal found straying and such animal or animals may be forthwith seized by the Commissioner or any Municipal Officer or his servant or otherwise disposed off as Commissioner shall deem fit or direct.
With the concurrence of the Chief City Magistrate the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.
Whenever the soil or pavement of any street is opened or broken up by or under the order of the Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the Corporation, the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth and materials, if any excavated and all rubbish occasioned thereby shall be removed without delay.
(1) The Commissioner may whilst any such work as aforesaid or any work which may lawfully be executed in any street is in progress, direct that the said street shall be wholly or partially closed for traffic or for traffic of such description as he shall think fit; and shall set up in a conspicuous position an order prohibiting traffic to the extent or of the description so directed, and fix such bars, chains or posts across or in the street as he shall think proper for preventing or restricting traffic therein.
(2) No person shall, without the permission of the Commissioner or without other lawful authority, remove any bar, chain or post so fixed or infringe any order prohibiting traffic so set up
Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall, so far as may be reasonably practicable, make adequate provision for the passage or diversion of traffic, for securing access to all premises approached from such street, and for any drainage, water supply, or means of lighting which may be interrupted by reason of the execution of the said work.
(1) Whilst the execution of any work on behalf of the Corporation is in progress in any street the Commissioner shall
(a) take proper precaution for guarding against accident by sharing up and protecting the adjoining buildings;
(b) have any place where the soil or pavement has been opened or broken up, fenced and guarded;
(c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any such place and against any bars, chains or posts set up under Section 410 for so long as such place shall be continued open or broken up, or such bars, chains or posts shall remain so set up.
(2) No person shall, without the written permission of the Commissioner or without other lawful authority, remove an
(1) No person other than the Commissioner or a municipal officer or servant shall, without the written permission of the Commissioner or without other lawful authority
(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, posts, chain or other material or thing forming part of any street:
(b) deposit any building materials in any street; or
(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or (c) of sub-section (1) shall be
Every person to whom permission is granted under Section 413 shall at his own expense cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials, or set up any scaffold, erection or other things, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents, shall cause such places to be well lighted during the night.
(1) Every person to whom permission is granted under Section 413 to open or break up the soil or pavement of any street, or who under other lawful authority open or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up without delay, to the satisfaction of the Commissioner.
(2) If the said person shall fail to reinstate and make good the street or pavement as aforesaid, the Commissioner may restore such street or pavement, and the expenses incurred by the Commissioner in so doing shall be paid by the said person.
The Commissioner may by written notice, require any person to whom permission is granted under Section 413 to open or break up the soil or pavement of any street or who, under any other lawful authority opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provision to his satisfaction for the passage or diversion of traffic for securing access to any premises which may be approached from such street and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work.
(1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall, in any case in which the footway in any adjacent street will be thereby obstructed or rendered inconvenient, commence doing so, without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail, if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for the use of persons outside of such hoard or fence.
(2) No hoard or fence shall be so put up without the previous written permission of the Commissioner, and every such hoard or fence put up with such permission, with such platform and hand-rail as aforesaid, shall be continued standing and maintained in good condition to the satisfaction of the Commissioner, by the person who carri
(1) The Commissioner may, from time to time-
(a) with the sanction of the Corporation, determine the name by which any street shall be known :-
(b) cause to be put up or painted on a conspicuous part of any house at or near each end, corner or entrance to every street, the name so determined;
(c) with the sanction of the Corporation determine the number by which any premises shall be known;
(d) by written notice require the owner of any premises either to put or paint or number on such premises in such position and manner as may be specified in such notice, or to signify in writing his desire that the work shall be executed under the orders of the Commissioner.
(2) No person shall, without the written pe
(1) The Commissioner may with the approval of the Standing Committee, require by written order the corner of any building which has already been erected or which is to be newly erected or which is to be re-erected or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building.
(2) Compensation shall be paid by the Commissioner for any loss or damage caused by the issue of an order under Sub-section (1).
(1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign, whether now existing or not, and no such written permission shall be granted, or renewed, for any period exceeding two years from the date of each such permission or renewal:
Provided that in any of the following cases a written permission or renewal by the Commissioner under this section shall become void, namely :-
(a) if any addition to the sky-sign be made except for the purpose of making it secure under the direction of the municipal city engineer;
(b) if any change be made in the sky-sign, or any part thereof;
(c) if the sky-sign or any part thereof falls either through accident, decay or any other cause;
&n
(1) No person shall without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement whether now existing or not, upon any land, building, wall, hoarding or structure:
Provided always that such permission shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which
(a) is exhibited within the window of any building;
(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same, or to the trade or business carried on by the owner of any vehicle upon which such advertisement is exhibited;
&
(1) If any place is, in the opinion of Commissioner for want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons who have lawful access thereto or to the neighbourhood thereof and if any such work, in the opinion of the Commissioner, affects the safety or convenience of such persons he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the commissioner necessary, in order to prevent danger therefrom or to ensure the safety or convenience of such persons.
(2) The Commissioner may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place or to ensure public safety or convenience
(1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing in addition to such board or fence which he may be required to provide under Section 417 and screens extending to the full height of such building on all sides thereof so to prevent pollution of the surrounding air with dust or injury or damage caused by falling of any debris, bricks, wood or other material.
(2) If any such work is commenced in contravention of Sub-section (1) the Commissioner may cause it to be stopped forthwith and any person carrying it out be removed from the premises by a police officer.
(1) The Commissioner shall
(a) take measures for lighting in a suitable manner the public streets, municipal gardens and open spaces and municipal markets and all buildings vesting in the Corporation;
(b) procure, erect and maintain such number of lamps, lampposts and other appurtenances as may be necessary for the said purpose; and
(c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.
(2) The Commissioner may place and maintain electric wires for the purpose of lighting such lamps under, over, along or across, and posts, poles, standards, staves, struts, brackets, and other contrivances for carrying suspending or supporting lamps or electric wires in or upon,
No person shall, without lawful authority, take away or wilfully break, throw down or damage
(a) any lamp, lamp-post or lamps-iron set up in any public street or municipal garden, or in any open space, markets or building vesting in the Corporation;
(b) any electric wire for lighting any such lamp;
(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp;
(d) any property of the Corporation in any street; and no person shall wilfully extinguish the light or damage the appurtenance of any such lamp.
If any person shall through negligence or accident breaks any lamp set up in any public street or municipal market, garden or public place or building vesting in the Corporation, or shall break or damage any property of the Corporation of any street, he shall pay the expenses of repairing the damage so done by him.
The Commissioner may
(a) take measures for having the public streets watered at such time and seasons and in such manner as he shall think fit;
(b) procure and maintain such vehicles, animals, apparatus as he shall think fit for the said purpose.
(1) Every person who intends to erect a building shall give to the commissioner notice of his said intention in a form, obtained for this purpose under Section 435, specifying the position of the building intended to be erected, the description of building, the purpose for which it is intended, its dimensions and the name of the person whom he intends to employ to supervise its erection.
(2) In this Chapter and wherever occurring in this act to erect or re-erect a building means
(i) any material alteration or enlargement of any building;
(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
(iii) the conversion of one or more places of human habitation into a
(1) At any time within thirty days after receipt of any notice under Section 428, the Commissioner may, by written notice, require the person who has given the notice first hereinbefore in this section mentioned, to furnish to the Commissioner all or any of the following documents, namely:-
(a) correct plans and sections of every floor of the building intended to be erected or re-erected which shall be drawn to a scale of not less than one inch to every eight feet and shall show the position, form, dimensions and means of ventilation and of access to the several parts of such building and its appurtenances and the particular part or parts thereof which are, and those which are not, intended to be used for human habitation and in the case of a building intended to be used as a dwelling house for two or more families or for carrying on any trade or business in which number of people
The Commissioner may decline to accept any plan, section or description as sufficient for the purpose of the last preceding section, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.
If the notice given under Section 428 and the documents, if any furnished under Section 429 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, Commissioner may, at any time within thirty days after receipt of the said documents, any written notice, require the production of such further particulars and details as he deems necessary.
If any requisition made under Section 429 or 431 is not complied with, the notice given under Section 428 shall be deemed not to have been given.
Every person who shall intend.
(a) to make any addition to a building; or
(b) to make any alteration or repairs to a building; not being a frame-building, involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet; or
(c) to make any alteration or repairs to a frame-building, involving the removal or re-erection of more than one-half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half such wall above the plinth level, such half to be measured in superficial feet; or
(1) If any notice given under the last preceding section does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, he may at any time within thirty days after receipt of the said notice by written notice, require the person who gave the notice first hereinbefore in this section mentioned to furnish plans, sections of the building and of the intended new work or of any specified portion thereof and the provisions of Sections 429, 430, 431 and 432 shall apply to the intended new work so far as the Commissioner may consider them to be applicable.
(2) The Commissioner may also, at any time within the said period by written notice require the said person to open for inspection any portion or portions of the foundations or walls of the existing building.
(1) The commissioner shall cause printed forms of notices for the purposes of Section 421 or 433 to be delivered to any person requiring the same, on payment of such fee not exceeding eight annas for each form as shall from time to time be determined in this behalf by the Commissioner, with the approval of the Standing Committee.
(2) There shall be printed on the reverse of every such form of notice, or on a separate paper supplied without extra charge therewith, a copy of Sections 428, 429, 430, 431, 432, 433, 434, 436, 437, 438, 440, 444, 445, 446, 447, 448 and 449 and of all bye-laws made under Sub-sections (9), (12) and (13) of Section 586 at the time in force.
Every person who intends to newly erect a building or execute any such work as is described in Section 433, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restriction as may be regulated by the bye-laws.
If within thirty days after receipt of any notice under Section 428 or 433 or of the plan, section, description or further information, if any, called for under Sections 429, 431 or 434 as the case may be, the Commissioner fails to intimate in writing, to the person who has given the said notice, his disapproval of the building which the said person proposes to erect or of the work which he proposes to execute, or if, within the said period the Commissioner signifies in writing to the said person, his approval of the said building or work, the said person may, at any time within one year from the date of the delivery of the notice to the Commissioner proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any bye-law made thereunder.
(1) If the Commissioner disapproves of any building or work of which notice has been given as aforesaid or of any portion or detail thereof, by reasons that the same will contravene some provisions of this Act or some bye-laws made thereunder or will be unsafe, he may, at any time within thirty days of the receipt of the notice or of the plan, section, description or further information if any, called for under Sections 429, 431 or 434 as the case may be, by a written notice intimate to the person who gave the notice first hereinbefore in this section mentioned his said disapproval and the reason for the same, and specified terms subject to which the building or work may be deemed to be approved by him.
(2) The person who gave the notice concerning any such building or work may proceed with the same subject to the terms specified as aforesaid but not otherwise, at any time within o
(1) Notwithstanding anything contained in Sections 437 and 438, if in any case it appears to the Commissioner that public improvements, which may render necessary the acquisition of the site of any building or work or any part of such site, are desirable and expedient he may by order in writing direct that no further action shall be taken in pursuance of a notice given under Section 428 or Section 433 for a period not exceeding three months from the date of such notice.
(2) The Commissioner may issue a like order if in any case it appears to him that any site as aforesaid likely to be affected by any one of the following namely:-
(a) determining a regular line of a public street;
(b) determining a fresh line in substitution for the existing regular line of a public street;
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(1) No person shall commence to erect or re-erect any building or to execute any such work as is described in Section
(a) until he has given notice of his intention as herein before required to erect or re-erect such building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period specified in this behalf in Section 437 or 438.
(b) until he has given notice to the City Engineer of the proposed date of commencement. Where the commencement does not take place within seven clear days of the date so notified, the notice shall be deemed not to have been given;
(c) after the expiry of the period of one year specified in Sections 437 and 438 respectively, for proceeding with the same.
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No person shall, without the written permission of the Commissioner:-
(a) use or permit to be used for human habitation any part of a building not originally constructed or authorised to be used for that purpose; or
(b) convert into, or use, or permit to be used, as a chawl or building intended to form a range or separate rooms for lodgers, a building not originally designed or authorised to be so used.
No person shall without written permission of the Commissioner or otherwise than in conformity with the terms of such permission use or permit to be used any building or any part of a building originally constructed, or authorised to be used for human habitation as a godown, warehouse, workplace, factory, stable or a motor garage.
No person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human habitation for the purpose of using it or causing it to be used as a godown, warehouse, workshop, workplace, factory, stable or motor garage.
With respect to buildings which are to be newly erected the following provisions shall have effect, namely :-
(a) The erection of any such building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner and the drainage betterment charges as fixed by the Commissioner, from time to time, have been paid.
(b) The erection of any such building in any part of the City in which the position and direction of the streets likely to be required in the future, have not yet been laid down or determined shall, with the assent of the Standing Committee, be disapproved by the commissioner, unless the site proposed for such building is in the opinion of the Commissioner, such as, with reference to the positi
(1) No external wall and no covering of a roof built or renewed since the coming into force of this Act shall, except with the written permission of the Commissioner, consist of wood, cloth, canvas, grass leaves, mats or any other inflammable material.
(2) In any external wall or covering of a roof is or has been, since the coming into force of this Act, constructed of any such material, the Commissioner may, by written notice, require the owner or occupier of the building to which such wall or roof appertains to remove such wall or covering.
(1) Except with the written permission of the Commissioner, no building shall be erected or raised to a greater height than seventy feet as measured from the level of the centre of the street in front-
(a) in the case of a pitched roof, up to the tie-beam of the floor; and
(b) in the case of a flat roof up to the surface of the roof.
(2) In the case of a pitched roof, the roof above that height shall rise at an angle of not more than forty-five degrees.
(3) In the case of a flat door, a parapet of not more than three feet in height may be constructed above the maximum height specified in Sub-section (1).
Subject to the maximum fixed by Section 446, the height to which a building may be erected or raised shall be regulated by the width of the street on which it abuts, in accordance with the following provisions, namely:-
(1) if the width of the street does not exceed twenty-six feet, the building shall not be erected or raised to a height greater than one and one-half times the width of the street;
(2) if the width of the street exceeds twenty-six feet but does not exceed forty feet, the building shall not be erected or raised to a height greater than forty feet; and
(3) if the width of the street exceeds forty feet, the building shall not be erected or raised to a height greater than the width of such street;
(4) where the building abuts upon more
After the commencement of this Act no building, the external walls of which are of timber framed construction shall be erected or re-erected so as to consist of more than one ground floor and one upper storey:
Provided that the Commissioner may by special order, grant permission for the erection or re-erection of such a building of more than two storeys or for the construction of one or more additional storeys if satisfied that such building will be or is of thoroughly sound material and construction and can safely support the same.
Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of a safe exit in the event of fire, he may, with the approval of the Standing Committee, by written notice require the owner or occupier of the building to alter or reconstruct any existing staircase in such manner or to provide such additional or emergency staircases, as he may determine.
If at any time after permission to proceed with any building or work has been given, the Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under Section 428 or 433 or in the further information if any, furnished, he may cancel such permission and any work done thereunder shall be deemed to have been done without his permission.
The Commissioner may at any time during the erection or re-erection of a building or the execution of any such work as is described in Section 433 make an inspection thereof without giving previous notice of his intention so to do.
(1) If the erection of any building or the execution of any such work as is described in Section 433 is commenced or carried out contrary to the provisions of this Act or bye-laws made thereunder, the Commissioner, unless he deems it necessary to take proceedings in respect of such building or work under Section 426 shall
(a) by written notice, require the person who is erecting or re-erecting such building or executing such work or has erected or re-erected such building or executed such work, on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, to show sufficient cause why such building or work shall not be removed, altered or pulled down; or
(b) shall require the said person on such day and at suc
(1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in Section 452 anything has been done contrary to any provision of this Act or of any rule or bye-law made thereunder or that anything required by any such provision, rule, bye-law to be done has been omitted to be done; and if, on inspecting such building or work, it is found that the same has been completed or is too far advanced to permit of any such fact being ascertained; the Commissioner may, with the approval of the Standing Committee, by a written notice, require the person who has erected or re-erected such building or executed such work to cause so much of the building as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained.
(2) If
The Commissioner may, at any time, during the erection of a building or the execution of any such work as aforesaid, or at any time within three months after the completion thereof, by written notice specify any matter in respect of which the erection or re-erection of such building or the execution of such work may be in contravention of any provision of this Act or of any rule, or bye-laws made thereunder and require the person erecting or re-erecting or executing or who has erected or re-erected or executed such building or work is not at the time of the notice the owner thereof, the owner of such building or work to cause anything done contrary to any such provision, rule or bye-law to be amended or to do anything which by any such provision, or bye-law may be required to be done but which has been omitted to be done.
(1) Every person shall, within one month after the completion of the erection or re-erection of building or the execution of any such work as is described in Section 343 deliver or send or cause to be delivered or sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form specified in the bye-laws signed and subscribed in the manner so specified, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building.
(2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any work, until:- (a) permissions has been received from the Commissioner in this behalf; or (b) the Commissioner has failed for twenty-one days after receipt of the notice of c
(1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building, wall, parapet, pavement, floor, steps, railings, door or window frames or shutters or roof, or other structure and anything affixed to or projection from or resting on, any building, wall, parapet or other structure) is in ruinous condition or likely to fall, or is in any way dangerous to any person occupying, resorting to or passing by, such structure or any other structure or place in the neighbourhood thereof, the Commissione r may, by written notice, require the owner or occupier of such structure to do one or more of the following things, namely :-
(i) to pull down,
(ii) to secure,
(iii) to remove, or
(iv) to repair such str
(1) If any tree or any branch of a tree or the fruit of any tree be deemed by the Commissioner to be likely to fall and thereby to endanger any person or any structure the Commissioner may by notice require the owner of the said tree to secure, lop or cut down, the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary the Commissioner may himself before giving such notice or before the period of notice expires secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such temporary measures, as he thinks fit, to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner provided in Section 641.
(1) If any tank, pond, well, hole-stream, dam, bank or other place be deemed by the commissioner to be for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighbourhood, the Commissioner may by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
(2) If immediate action is necessary the Commissioner may himself before giving such notice or before the period of notice expires take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in Section 641.
The Commissioner shall issue a notice under Sub-sections (1) and (2) of Section 456, Sub-section (1) of Section 457 or Sub-section (1) of Section 458, after giving the owner or occupier, as the case may be, a reasonable opportunity of stating any objection and adducing evidence, if any, and after being satisfied that the objection which is raised is invalid or insufficient.
(1) It shall be incumbent on the owner of every building to maintain every part thereof and everything appurtenant thereto in such repair as to prevent its becoming dangerous.
(2) The Commissioner may, by written notice require the owner of any building to get the building inspected at such intervals and in such manner as may be specified in the bye-laws.
(3) The owner shall within two months of an inspection under Sub- section (2) undertake such repairs as the inspection shall show to be necessary for the purpose of securing the stability of the structure within the meaning of Section 456 after complying with all the provisions of this Act and the rules and bye-laws in regard to such repairs and shall, on completion of such repairs, submit to the Commissioner a certificate signed by the person who made the inspection, of his having carr
(1) If the Commissioner is satisfied that the erection or re-erection of any building or the execution of any such work as is described in Section 433 has been unlawfully commenced or is being unlawfully carried on upon any premises he may, by written notice, require the person directing or carrying on such erection or re-erection or execution of work to stop the same forthwith.
(2) If such erection or re-erection or execution of work is not stopped forthwith, the Commissioner may direct that any person directing or carrying on such erection or re-erection or execution of work shall be removed from such premises by any police officer and may cause such steps to be taken as he may consider necessary to prevent the re-entry of such person on the premises without his permission.
(3) The cost of any measures taken under Sub-section (2) shall
(1) Not withstanding the provisions of any other law to the contrary, the Commissioner may, by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice
(a) if such building or portion thereof has been unlawfully occupied in contravention of Section 455;
(b) if a notice has been issued in respect of such building or part thereof requiring the alteration or re-construction of any existing staircase, lobby, passage, or landing and the works specified in such notice have not yet been commenced or completed;
(c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of Section 456.
(2) In every such notice the Commissioner shall clearly specify the re
(1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months-
(a) that in any street or portions of street specified in such notice the elevation and construction or the frontage or all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;
(b) that in any localities specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;
(c) that the minimum size of building plots in particular localities shall
For the purpose of securing the sufficient scavenging and cleansing of all streets and premises, the Commissioner shall take measures for securing
(a) the daily surface cleaning of all streets in the City and the removal of the sweeping therefrom;
(b) the removal of the contents of all receptacles and depots of the accumulations at all places provided or appointed by him under Section 484 or 485 for the temporary deposit of any of the matters specified in the said sections.
All matters collected by municipal servants or contractors in pursuance of the last preceding section and of Section 484 shall be the property of the Corporation.
The Commissioner shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit of final disposal of
(a) dust, ashes, refuse and rubbish;
(b) trade refuse;
(c) carcasses of dead animals, and excrementitious and polluted matter;
Provided that
(i) the said matters shall not be finally disposed of, in any place or manner in which the same have not heretofore been so disposed of, without the Corporation or in any place or manner which the Government think fit to disallow;
(ii) any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance.
(1) It shall be incumbent on the owner and occupiers of all premises to cause all dust, ashes, refuse, rubbish and trade refuse to be collected from their respective premises and to be deposited at such times as the Commissioner, by public notice from time to time specifies, in the public receptacle, depot or place provided or appointed under the last preceding section or the temporary deposit or final disposal thereof.
(2) The Commissioner may, if he thinks fit by written notice require the occupier and owner or either of them of any premises to cause all dust, ashes, refuse and rubbish, but not trade refuse to be collected daily, or otherwise periodically, from the said premises and deposited temporarily upon any place forming part of the said premises which the Commissioner appoints in this behalf, and it shall be incumbent on the said occupier and owner or either of them to cau
(1) When the Commissioner has given public notice, under Clause (a) of Sub-section (1) of Section 201, for the collection, removal and certain portion of the City, for the collection, removal and disposal by municipal agency, of all excrementitious and polluted matter form privies, urinals and cesspools, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated and the said portion of the city. (1) Even after the Commissioner has taken such measure under sub-section (1), if any person commits defecation, urination or spitting in open public places shall, on conviction, be punishable with imprisonment which may extend to one month or with fine which may extend to five thousand rupees.
It shall be incumbent on the occupier of any premises situated in any portion of the city for which the Commissioner has not given a public notice under Clause (a) of Sub-section (1) of Section 201 and in which there is neither a water closet nor privy connected with a Board sewer, to cause all excrementitious and polluted matter accumulating upon his premises to be conveyed to the nearest receptacle or depot provided for this purpose under Clause (b) of Section 482, at such times, in such vehicle or vessel, by such route and with such precautions, as the Commissioner by public notice from time to time specifies.
In any portion of the city in which the Commissioner has given a public notice under Clause (a) of Sub-section (1) of Section 201, and in any premises wherever situated in which there is a water-closet or privy connected with a Board sewer, it shall not be lawful, except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the Commissioner, for any person who is not employed by or on behalf of the Commissioner, to discharge any of the duties of scavengers.
(1) No person:-
(a) who is bound, under Section 483 or Section 485 to cause the removal of dust, ashes, refuse, rubbish and trade refuse or of excrementitious or polluted matter, shall allow the same to accumulate on his premises for more than twenty-four hours or neglect to cause the same to be removed to the depot, receptacle or place provided or appointed for the purpose;
(b) shall remove any dust, ashes, refuse, rubbish or trade refuse or any excrementitious or polluted matter, otherwise than in conformity with the requirements of any public or written notice at the time in force under Section 483 or use for the removal of any excrementitious or polluted matter any vehicle or vessel not having covering proper for preventing the escape of any portion of the contents thereof or of the stench therefrom;
If it shall in any case be shown that dust, ashes, refuse, rubbish or trade effluent or any excrementitious or polluted matter has or have been thrown or placed on any street or place, in contravention of Clause (e) of sub-section (1) of Section 487, from some premises, it shall be presumed, until the contrary is proved, that the said offence has been committed by the occupier of the said premises.
(1) If any person who is bound under Section 483 to cause the collection and deposit of dust, ashes, refuse, rubbish and trade effluent or under Section 483 to cause the collection and removal of excrementitious and polluted matter shall allow the same to accumulate on his premises for more than twenty hours or shall keep the same otherwise than in a proper receptacle, or shall neglect to cause the same to be removed to the receptacle, depot or place provided or appointed for the purpose, the Commissioner, may in addition to the institution of any proceedings provided for in this Act, by written notice require such person to collect forthwith all such dust, ashes, refuse, rubbish, trade effluent or excrementitious or polluted matter accumulated thereon and remove the same forthwith in the manner and to place provided by or under this Act.
(2) If such person shall fail to comply wit
The Commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises on such terms as to time and period of removal and other matters as may seem suitable to the Commissioner, and on payment of fees at such rate as the Corporation may determine.
(1) The Commissioner shall make such special arrangements, whether permanent or temporary, as he considers adequate, for maintaining sanitation in the vicinity of any temple, mutt, mosque, tomb or any place of religious worship or institutions to which large number of persons resort on particular occasions or in any place which is used for holding fairs or festivals.
(2) The Commissioner may require any person having control over any such place as aforesaid to pay to the Corporation such contribution towards the cost of the special measures taken under Sub-section (1) as the Corporation may, from time to time, fix.
The Commissioner may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof.
If it shall appear to the Commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building so inspected to cause the same or some portion thereof to be repaired or limewashed or otherwise cleansed, either externally or internally, or both externally and internally.
If it shall appear to the Commissioner that any tiles, stones, rafters building materials or debris of building materials are stored or collected in or upon any premises without the written permission of the Commissioner in such quantity or bulk or in such way as to constitute a harbourage or breeding place for rats or other vermin or otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof, the Commissioner may, by written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same as shall in the opinion of the Commissioner be necessary or expedient to abate the nuisance or prevent a recurrence thereof.
If any premises by reason of their being abandoned or unoccupied, become a resort of disorderly persons or in the opinion of the Commissioner, a nuisance, the Commissioner, after such inquiry as he deems necessary, may give written notice to the owner of such premises, if he be known and resident within the city or to any person who is known or believed to claim to be the owner, if such person is resident within the city and shall also affix a copy of the said notice on some conspicuous part of the said premises, requiring all persons having any right of property or inerest therein to take such order with the said premises as shall in the opinion of the Commissioner be necessary to prevent the same from being restored to as aforesaid or from continuing to be a nuisance.
(1) If it shall appear to the Commissioner that any premises are overgrown with rank and noisome vegetation or, by reason of their not being properly enclosed, or resorted to by the public for purposes of nature, or are otherwise a nuisance to the neighboring inhabitants, the Commissioner may, by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same, or with the approval of the Standing Committee may require him to take such other order with the same as the Commissioner thinks necessary.
(2) If it shall appear to the Commissioner that any private street is overgrown with rank and noisome vegetation or is otherwise in an unwholesome or filthy condition, the Commissioner may, by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to cleanse or clear the same, or with the app
(1) If it shall appear to the Commissioner that building or any part of a building is in such a state as to constitute a nuisance or to be likely to give rise to one,by reason of rain-water leaking from its roof or any part of its roof, the Commissioner may give a notice in writing to the owner of such building requiring him to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice.
(2) If at any time thereafter the Commissioner is of opinion that such a nuisance may recur he may notwithstanding that the original nuisance may have been abated by the owner of the building under Sub-section (1), give a further notice in writing to the said owner requiring him to abate the probable recurrence of the nuisance within the time and in the manner specified in the notice.
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(1) Whenever the Commissioner considers--
(a) that any building or portion thereof is, by reason of its having no plinth or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety; or
(b) that a block or group of buildings is for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid he may, by notice require the owners or occupiers of such buildings or portions of buildings or at his option, the owner of the land occupied by such buildings, or portions of buildings to execute such works or to take su
(1) If any building, or portion thereof, intended for or used as a dwelling place appears to the Commissioner to be unfit for human habitation, he may apply to the Standing Committee to prohibit the further use of such building for such purpose, and the Standing Committee may, after giving the owner and occupiers thereof a reasonable opportunity of showing cause why such orders should not be made, make a prohibitory order as aforesaid.
(2) When any such prohibitory order has been made, the Commissioner shall communicate the purport thereof to the owner and occupiers of the building and on expiry of such period as specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier shall use or suffer it to be used for human habitation until the Commissioner certifies in writing that the causes rendering it unfit for human habitation have be
(1) The owner of a building shall, within a period of fifteen days after receipt of written notice from the Commissioner, sign and give a certificate of the following particulars with respect to such building or any part thereof:-
(a) the total number of rooms in the building.
(b) the length, breadth and height of each room, and
(c) the name of the person to whom he has let the building or each part of the building occupied as a separate tenement.
(2) The occupier of a building or of any part of a building occupied as a separate tenement shall, on like notice, and within the like period, sign and give a certificate of the following particulars with respect to such building or part of such building as aforesaid is in his occupation:-
(1) Where it appears to the Commissioner, whether from any certificate furnished under Section 500 or otherwise, that any building or any room or rooms therein used for human habitation is overcrowded, he may apply to a Magistrate to prevent such overcrowding and the said Magistrate after such inquiry as he thinks fit to make any fix the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building within a reasonable time not exceeding ten days to be fixed in the said order, to abate the overcrowding thereof by reducing the number of lodgers, tenants or other inmates of the said building or room or rooms, in accordance with the maximum so fixed and to the satisfaction of the Commissioner or may pass such other order as he may deem just and proper.
(2) Where the owner of the said building has sublet the same, the landlord of
If the Commissioner is of opinion that any hut or shed, used either as a dwelling or as a stable or for any other purpose, is likely by reason of its being built without a plinth or upon a plinth of sufficient height or without proper means of drainage, or on account of the impracticability of scavenging or owing to the manner in which it and other huts and 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 the public health or safety, he may, by written notice, which shall be affixed to some conspicuous part of such hut or shed, require the owner or occupier thereof, or the owner of the land on which such hut or shed stands, to remove or alter such hut or to take such order for the improvement thereof as the Commissioner shall deem necessary.
Where it appears to the Commissioner that any building or part thereof used for the storage of goods is used in such manner as to afford harbourage to rats, mice or other animals susceptible to plague or other vermin, he may require the owner or occupier by written notice to take such steps for the destruction of rats, mice or other animals or other vermin as are specified in the notice or to carry out such works as will render the wall and floors of such building or part of a building of roof against such infestation.
(1) (i) For the purposes of this section, a nuisance shall include-
(a) any pool, ditch, tank, well, pond, quarry, hole, drain, watercourse or any collection of water;
(b) any cistern or other receptacle of water or any article or thing capable of collecting rain-water during the monsoon season whether within or outside a building;
(c) any land on which water accumulates or is likely to accumulate; or
(d) any premises or any part of any premises occupied or unoccupied, or under construction, reconstruction or demolition, which in the opinion of the Commissioner is, or is likely to become a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in Clause 35 of Section 2.
(ii
The Commissioner may on the report of the Medical Officer of Health that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the city is injurious to the public health, by public notice, regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:
Provided that when such cultivation or irrigation has been practiced during the five years preceding the date of such public notice, with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested, for any damage caused to them by absolute prohibition.
(1) No new well, tank, pond, cistern or fountains shall be dug or constructed without the previous permission in writing of the Commissioner.
(2) If any such work is begun or completed without such permission the Commissioner may either
(a) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Commissioner shall determine, or
(b) grant written permission to retain such work but such permission shall not exempt such owner from proceedings for contravening the provisions of Sub-section (1).
(1) The Commissioner may by written notice require the owner of, or person having control over, any private water source, spring, tank, well or other place the water of which is used for drinking, bathing or washing clothes to keep the same in good repair, to cleanse it in such manner as the Commissioner may direct and protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice.
(2) If the water of any private tank, well or other place which is used for drinking, bathing or washing clothes, as the case may be, is proved, to the satisfaction of the Commissioner to be unfit for that purpose, the Commissioner may by notice require the owner or person having control thereof to
(a) refrain from using or permitting the use of such water; or
(
If it appears to the Commissioner that any public well or receptacle of stagnant water is likely to be injurious to health or offensive to the neighbourhood he shall cause the same to be cleansed, drained or filled up.
If, in the opinion of the Commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may with the approval of the Standing Committee, by written notice, require the owner of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place, or to take such order with such quarry or place, as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
(1) If in the opinion of the Commissioner,
(a) any hedge is at any time insufficiently cut or trimmed; or overgrown, with prickly pear or other rank of vegetation; or
(b) any tree or shrub has fallen or is likely to fall, to the danger of public safety, or overhangs or obstructs any street to the inconvenience or danger of passengers therein; the Commissioner may, by written notice, require the owner or occupier of the land on which such hedge, tree or shrub is or has been growing;
(i) to cut down such hedge to a height not exceeding four feet and to a width not exceeding three feet, and to remove any such prickly pear or other rank vegetation therefrom; or
(ii) to removal cut, lop or trim such tree or shrub, as the case may be.
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(1) No person shall
(a) without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission, keep any swine in any part of the city;
(b) keep any animal on his premises so as to be a nuisance or danger to any person;
(c) feed any animal, or suffer or permit any animal to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter.
(2) Any swine found straying may be forthwith destroyed and the carcass thereof disposed of as the Commissioner shall direct. No claim shall be for compensation for any swine so destroyed.
(3)
(a) All animals found straying may be forthwith seize
Where a building or any portion thereof is used or is intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely
(a) for keeping any horse, cow, buffalo, bullock, goat or donkey; or
(b) as godown or place for the storage, in connection with whole-sale trade, of grain-seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose; provided that the Commissioner may permit such use subject to such condition as he may think fit to impose.
(c) dairy cattle or any other livestock mut be kept in a separate premises far away from human dwelling with necessary facilities requi
(1) It shall be the duty of the Commissioner to provide for the removal of the carcasses of all animals dying within the city.
(2) The occupier of any premises in or upon which any animals shall die or in or upon which the carcass of any animals shall be found and person having the charge of an animal which dies in the street or in any open place, shall within three hours after the death of such animal or, if the death occurs at night, within three hours after sunrise, report the death of such animal at the health department of the municipal office of the ward of the city in which the death occurred or in which the carcass is found.
(3) For every carcass so removed by municipal agency a fee for the removal of such animal as shall be fixed by the Commissioner, shall be paid by the owner of the animal, or if the owner is not known, by the
(1) The Commissioner may, from time to time-
(a) set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing or for washing or for drying clothes;
(b) specify the times at which and the sex of persons by whom, such place may be used;
(c) prohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart;
(d) prohibit by public notice the use by the public of any portion of a river or place not vesting in the Corporation for any of the said purposes;
(e) regulate by public notice use by the public of any portion a river or other place not vesting in the Corporation for any of the said purposes, and of any wor
Except as permitted by any order made under any provisions of this Act, no person shall
(a) bathe in or near any lake, tanks reservoir, fountain, cistern, duct, stand-pipe, stream or well in any part of a river or other place vesting in the Corporation;
(b) wash or cause to be washed in or near any such place or work, any animal, clothes or other article;
(c) throw, put, or cause to enter into the water in any such place or work any animal or other thing;
(d) cause or suffer to drain into or upon any such place or work, or to be brought thereinto or thereupon, anything, or do anything whereby the water shall be in any degree fouled or corrupted;
(e) dry clothes in or upon any such place;
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No person shall
(a) steep in any tank, reservoir, stream, well or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health;
(b) whilst suffering from any contagious, infectious or loathsome disease, bathe on, in or near any bathing platform, lake, tank reservoir, fountain, cistern duct, stand-pipe, stream or well.
Subject to the provisions of Factories Act, 1948 (63 of 1948), no person shall-
(i) newly establish in any premises;
(ii) remove from one place to another;
(iii) reopen or renew after discontinuance for a period of not less than three years; or
(iv) enlarge or extend the area or dimensions of any factory, workshop or workplace in which it is intended to employ steam, water, electrical or other mechanical power or any bakery except with the previous written permission of the Commissioner, nor shall any person work or allow to be worked any such factory, workshop, workplace or bakery without such permission:
Provided that for the purpose of Clause (iii) no such permission shall be required if during the p
(1) Every application for permission under Section 516 shall be in writing and shall give such information and be accompanied by such plans as may be required under the bye-laws made in this behalf.
(2) The Commissioner may, as soon as may be after the receipt of the application
(a) grant the permission applied for either absolutely or subject to such conditions as he thinks fit to impose, provided the location of such factory, workshop, workplace or bakery is not contrary to any requirement of this Act, bye-law, or standing order; or
(b) refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop, work place or bakery in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be for
(1) No person shall
(a) use or permit to be used any furnace employed for the purpose of any trade or manufacture, which does not, so far as practicable consume its own smoke; or
(b) so negligently use or permit to be used any such furnace so that it shall not, as far as practicable, consume its own smoke.
(2) Nothing in this section shall be deemed to apply to a locomotive engine used for the purpose of traffic upon any railway or for the repair of streets.
(1) Whenever it shall appear to the Commissioner that any factory, workshop or workplace, or any building or place in which steam, water or other mechanical power is employed, is not kept in a clean state or is not ventilated in such a manner as to tender harmless as far as practicable, any vapour, dust or other impurity generated in the course of the work carried on therein, which is so overcrowded while work is carried on as to be dangerous or injurious to the heath of the persons employed therein; or that any engine, mill gearing, hoist or other machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb; the Commissioner may, by written notice, require the owner of such factory, workshop, workplace or other building or place to take such order for putting and maintaining the same in cleanly state, or for ventilating the same, or preventing the same from being overcrowded or for preventing dang
(1) No person shall without the written permission of the Commissioner, use or employ in any factory or any other place, any steam whistle or steam trumpet for purpose of summoning or dismissing workmen or persons employed.
(2) The Commissioner may at any time revoke any permission which he has given for the use of any such instrument as aforesaid, on giving one months notice to the person using the same.
(3) Provided that nothing in Sub-section (2) shall be deemed to require one months notice to be given by the Commissioner, if he suspends or revokes any such permission for any reason specified in Sub-section (3) of Section 622.
(1) Except under and in conformity with the terms and conditions of a licence granted by the Commissioner no person shall
(a) keep, in or upon any premises, for any purpose whatever;
(i) any article specified in Part I of Schedule P;
(ii) any article specified in Part II of Schedule P in excess of the quantity of such article which may at any one time be kept in or upon the same premises without a licence;
(b) keep, in or upon any premises, for sale or for other than domestic use, any article specified in Part III of Schedule P.
(c) keep, in or upon any building intended for or used as a dwelling or within fifteen feet of such building, cotton, in pressed bales or boras or loose, in quantity exceeding f
(1) No person engaged in any trade or manufacture specified in Part IV of Schedule P shall
(a) wilfully cause or suffer to be brought or to flow into any lake reservoir, cistern, well, duct or other place for water belonging to the Corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid;
(b) wilfully do any act, connected with any such trade or manufacture as aforesaid, whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place of water is fouled or corrupted.
(2) The Commissioner may, after giving not less than twenty-four hours previous notice in writing to the owner or to the person who has the management or control of any works, pipes or conduits connecte
(1) The Commissioner may at any time, by day or by night, without notice, enter into or upon any premises used for any of the purposes mentioned in Section 521 and upon any premises in which a furnace is employed for the purpose of any trade or manufacture, and into any back-house in order to satisfy himself as to whether any provision of this Act or any bye-law made thereunder or any condition of any licence granted under this Act is being contravened, and as to whether any nuisance is created upon such premises.
(2) No claim shall be against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for effecting such entry:
Provided that force shall not be used for effecting an entry, when unless there is reason to believe that an offence is being committed against some bye-la
(1) The Commissioner may, by public notice, prohibit the washing of clothes by washerman in the exercise of their calling, except at such places as he shall appoint for this purpose; and when such prohibitions has been made, no person who is by calling a washerman shall wash clothes at any place not appointed for this purpose by the Commissioner, except for such person himself or for the owner or occupier of such place.
(2) The Commissioner shall provide suitable place for the exercise by washerman of their calling, and may require payment of such fees for the use of any such place as shall from time to time be determined by the Commissioner, with the approval of Standing Committee.
All markets and slaughter-houses which belong to or are maintained by the Corporation shall be called municipal markets or municipal slaughter-houses, all other markets and slaughter-houses shall be deemed to be private.
(1) The Commissioner, when authorised by the Corporation in this behalf, may construct, purchase or take on lease any building or land for the purpose of establishing a new municipal market or a new municipal slaughter-house or of extending or improving any existing municipal market or slaughter-house, and may from time to time build and maintain such municipal markets and slaughter- houses and such stalls, shops, sheds, pens and other buildings or convenience for the use of the persons carrying on trade or business in, or frequenting, such municipal markets or slaughter- houses, and provide and maintains in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
(2) Municipal slaughter-houses may be situated within or with the sanction of the Government, without the city.
The Commissioner may where the municipal market and slaughter houses are situated within the city, with the sanction of the Corporation, and where it is situated without the city, with the sanction of the Government at any time, close such market or slaughter-house, and may dispose the premises so closed, subject to the sanction of the Corporation, where the property is of the Corporation.
(1) No person shall without licence from the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) It shall be lawful for the Commissioner, with the previous sanction of the Corporation by public notice from time to time, to prohibit within a distance of hundred yards of any municipal market the sale or exposure for sale of all or any of the commodities ordinarily sold in the said municipal market.
(3) Any notice issued under Sub-section (2) may in like manner at any time be cancelled or modified by the Commissioner.
(4) Any person contravening this section may be summarily removed by the Commissioner or by any municipal officer or servant.
(1) The Corporation shall from time to time determine whether the establishment of new private markets shall be permitted in the city or in any specified portion of the city.
(2) No person shall establish a new private market for the sale of, or for the purpose of exposing for the sale of animals intended for human food, or any other article of human food, except, with the sanction of the Commissioner, who shall be guided in giving such sanction by the decisions of the corporation at the time in force under Sub-section (1). The owner or occupier of a place in which a private market is established shall, for the purposes of this sub-section, be deemed to have established such market.
(3) When the establishment of a new private market has been so sanctioned, the commissioner shall cause a notice of such sanction to be affixed in such langu
(1) No person shall without, or otherwise than in conformity with the terms of a licence granted by Commissioner in this behalf
(a) keep open or permit to be kept open a private market;
(b) use or permit to be used any public place in the city as a slaughter-house or for the slaughtering of any animal intended for human food;
(c) use or permit to be used any place without the city whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human food to be consumed in the city.
(2) The Commissioner shall not refuse, cancel or suspend any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation framed under Sec
No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of food.
The Commissioner may, by written notice, require the owner, farmer or occupier of any private market or slaughter-house to cause-
(a) the whole or any portions of the floor of the market building, place or slaughter-house to be paved with dressed stone or other suitable material.
(b) such drains to be made in or from the market building, market place or slaughter-house of such material, size and description, at such level and with such outfall, as to the Commissioner may appear necessary.
The Commissioner may, with the approval of the Standing Committee, from time to time, make regulations not inconsistent with any provision of this Act or of any bye-law made thereunder-
(a) for preventing nuisances or obstruction in any market building market place or slaughter-house or in the approaches thereto;
(b) fixing the days and the hours on and during when any market or slaughter-house may be held or kept open for use;
(c) for keeping every market-building, market place and slaughter-house in a clean and proper state, and for removing filth and refuse therefrom;
(d) requiring that any market building, market place or slaughter-house be properly ventilated and be provided with a sufficient supply of water;
&
The Commissioner may
(a) charge for the occupation or use of any stall, shop, standing, shed or open in a municipal market or slaughter-house and for the right to expose goods for sale in a municipal market, and for weighing and measuring goods sold in any such market and for the right to slaughter animals in any municipal slaughter-house such stallages, rents and fees as shall from time to time, be fixed by him, with the approval of the standing committee, in this behalf; or
(b) with the approval of the Standing Committee, from the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time; or
(c) put up to public auction, or, with the approval of the Standing Committee, dispose of, by private sale the privilege of occupying or us
(1) No person shall without the written permission of the Commissioner and without the payment of such fees as may be specified by him, remove any live cattle, sheep, goats or swine from any municipal slaughter-house or from any municipal market or premises used or intended to be used for or in connection with such slaughter- house:
(1) A printed copy of the regulations and of the table of stallages, rents and fees, if any, in force in any market or slaughter-house under Sections 533, 534 and 535 in such language or languages which the Corporation may from time to time specify, shall be fixed in some conspicuous spot in the market-building, market-place or slaughter-house.
(2) No person shall, without authority, destroy, pull down, injure or deface any copy of any regulation or table so affixed.
The Commissioner may expel from any municipal market or slaughter-house any person who or whose servant has been convicted for contravening any bye-laws made under this Act, or any regulation made under Section 533, in such market or slaughter-house and may prevent such person, by himself or his servants from carrying on any trade or business in such market or slaughter-house or occupying any stall, standing, shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.
Except as hereinafter provided, no person, shall without a licence from the Commissioner, sell or expose for sale any four- footed animal or any meat or fish intended for human food, in any place other than a municipal or private market; Provided that nothing in sub-section (1) shall apply to fresh fish sold from, or exposed for sale in, a vessel in which it has been brought direct after being caught at a river or lake.
No person shall without or otherwise that in conformity with the terms of a licecse granted by the Commissioner in this behalf--
(a) carry on within the city, or at any municipal slaughter-house the trade of a butcher;
(b) use any place in the city for the sale of the flesh of any animal intended for human food, or any place without the city for the sale of such flesh for consumption in the city.
(1) No person shall without the written permission of the Commissioner bring into the city any cattle, sheep, goats or swine intended for human food, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act.
(2) Any Police Officer may arrest without warrant any person bringing into the city any animal or flesh in contradiction of sub-section (1).
(3) Any animal brought into the city in contravention of this section may be seized by the Commissioner or by any municipal officer or servant and any flesh brought into the city in contravention of this section may be seized by the Commissioner or by any municipal officer or servant or by any Police Officer or in or upon Railway premises by any Railway servant and any animal or flesh so seized may be sold or otherwise
(1) If the Commissioner shall have reason to believe that any animal intended for human food 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 the provisions of this Act, the Commissioner, may at any time, by day or by night, without notice, enter such place for purpose of satisfying himself as to whether any provision of this Act or if any bye-law made thereunder is being contravened thereat.
(2) No claim shall be against any person for compensation for any damage necessarily caused by such entry or by use of any force necessary for effecting such entry.
It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruits, vegetables, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or for preparation for sale and intended for human food or for medicine resting with the party charged.
(1) The Commissioner may at all reasonable time inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same.
(2) If any such animal or article appears to the Commissioner to be diseased or unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may seize and carry away such animal, article, utensil, or vessel, in order that the same may be dealt with as hereinafter provided and he may arrest and take to the nearest police station any person in charge of any such animal or article.
If any meat, flesh, vegetable or other article of a perishable nature be seized under Section 543 and the same is, in the opinion of the Commissioner diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.
(1) Any animal and any article not of a perishable nature and any utensil or vessel seized under Section 543 shall be forthwith taken before a Magistrate.
(2) If it shall appear to such Magistrate that any such animal or article is diseased, unsound or unwholesome, or unfit for human food, or for medicine, as the case may be, or is not what it was represented to be or that such utensil or vessel or such kind or in such state as aforesaid, he may, and if it is diseased, unsound, unwholesome or unfit for human food and unfit for medicine, he shall cause the same to be destroyed at the charge of the person in whose possession it was at the time of its seizure in such manner as to prevent the same being again exposed or hawked about for sale or used for human food or for medicine, or for the preparation or manufacture of, or food containing, any such article as afore-said.
In every case in which food, on being dealt with under Section 545, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human food, the owner thereof or the person in whose possession it was found not being merely bailee or carrier thereof, shall, if in any such case the provisions of Section 273 of the Indian Penal Code do not apply, be punished with fine which may extend to rupees five hundred.
In all prosecutions under Section 546, the Magistrate shall refuse to issue summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a specified time from the alleged date of the offence of which such person is assused.
(1) No person shall slaughter or procure the slaughter of animal for human consumption in a slaughter house, otherwise than on the authority of a certificate, granted by the Veterinary Officer that the animal is fit for slaugther.
(2) The Veterinary Officer shall not grant certificate referred to in sub-section (1) if in his opinion--
(a) the animal whether male or female--
(i) has not attained the age of 3 years and in case of sheep or goat one year, or
(ii) is useful for the purpose of draught or any kind of agricultural operation.
(b) the animal, if female, is useful for the purpose of breeding;
(c) the animal, if female, is useful for giving milk or bree
Every medical practioner who treats or becomes cognizant of the existence of any infectious disease or any case of continuous pyrexia of unknown origin of more than four days duration in any private or public dwelling, other than a public hospital, shall give information of the same with the least practicable delay to the medical officer of health. The said information shall be communicated in such form and with such details as the said medical officer of health with the consent of the Commissioner, may from time to time require.
The Commissioner may at any time, by day or by night without notice or after giving such notice of his intention as shall, in the circumstances appear, to him to be reasonable inspect any place in which any infectious disease is reputed or suspected to exist and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.
(1) If it shall appear to the Commissioner that the water in any well, tank or other place is likely, if used for dinking, to endanger or cause the spread of any infectious disease he may, by public notice, prohibit the removal or use of the said water for the purpose of drinking.
(2) No person shall remove or use for the purpose of drinking any water in respect of which public notice has been issued.
(1) The Commissioner or any police officer empowered by him in this behalf may, on a certificate signed by the executive health officer or by any duly qualified Medical Practitioner direct or cause the removal of any person who is, in the opinion of such Medical Officer of Health or other Medical Practitioner, without proper lodging or accommodation or who is lodged in a building occupied by more than one family, and who is suffering from infectious disease, to any hospital or place at which patients suffering from disease are received for medical treatment.
(2) The person, if any, who has charge of a person in respect of whom an order is made under sub-section (1) shall obey such order.
(3) No person who is removed to a hospital or place under sub- section (1) shall leave, or be removed from such hospital or place except with the permis
(1) Where a magistrate, not being a magistrate of the 3rd class, is satisfied, on the application of the Medical Officer of Health that the inmate of a public hospital who is suffering from an infectious disease would not, on leaving the hospital be provided with lodging or accommodation in which proper precautions could be taken to prevent the spread of the disease by him, the magistrate may order him to be detained in the hospital at the cost of the Corporation.
(2) An order made under sub-section (1) may direct detention for a period specified in the order, but the magistrate may extend a period so specified as often as it appears to him to be necessary so to do.
(3) Any person who leaves a hospital contrary to an order under sub-section (1) may, in addition to any penalty which may be imposed for such contravention, be ordered by th
(1) If the Commissioner is of opinion that the cleansing or disinfecting of a building, or of part of a building, or of any articles therein likely to retain infection, would tend to prevent or check the spread of any infectious disease he may, by written notice, require the owner or occupier of such building to clean or disinfect such building or part thereof or article therein, and if it shall appear to the Commissioner necessary, to vacate the said building for such time as shall be prescribed in the said notice.
(2) Provided that, if in the opinion of the Commissioner the owner or occupier is from poverty or other cause unable effectually to comply with such requisition, the Commissioner may cause the building or part of the building or article likely to retain infection to be cleansed or disinfected and defray the cost of so doing.
(1) If the Commissioner is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any infectious disease, he may, after giving to the owner or occupier of such hut or shed such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
(2) Compensation may be paid by the Commissioner with the approval of the Standing Committee 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 be for any loss or damage caused by the exercise of the power conferred by this section.
(1) The Commissioner may provide a place, with all necessary apparatus and attendance, for the disinfection of clothing, bedding for other articles which have become infected and in his discretion may have articles brought to such place for disinfection, disinfected on payment of such fees as he shall from time to time fix, with the approval of the Standing Committee in this behalf, or, in any case in which he thinks fit, free of charge.
(3) The Commissioner may direct the disinfection or destruction of bedding, clothing or other articles likely to retain infection.
(4) The Commissioner may, in his discretion, give compensation for any article destroyed under sub-section (3).
(1) No person who is suffering from infectious disease shall enter a public conveyance without previously notifying to the owner, driver or person incharge of such conveyance that he is so suffering.
(2) Notwithstanding anything contained in any Act relating to public conveyances for the time being in force, no owner or driver or person incharge of a public conveyance shall be bound to carry any person suffering as aforesaid in such conveyance unless payment or tender of sufficient compensation, for the loss and expenses he must incur in disinfecting such conveyance, is first of all made to him.
The Commissioner with the sanction of the Corporation, may provide and maintain suitable conveyances for free carriage of persons suffering from any infectious disease; and when such conveyances have been provided, it shall not be lawful to convey any such person by any other public conveyance.
(1) No person who is suffering from an infectious disease shall-
(a) without proper precautions against spreading such disease, cause or suffer himself to be carried in a public conveyance;
(b) cause or suffer himself to be carried in a public conveyance contrary to the provisions of the last preceding section.
(2) No person shall go in company with, or take charge of, any person suffering as aforesaid, who causes or permits himself to be carried in a public conveyance in contravention of sub-section (1).
(3) No owner or driver or person incharge of public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as aforesaid in contravention of the said sub-section.
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The owner, driver or person incharge of a public conveyance in which any person suffering as aforesaid has been carried shall immediately provide for the disinfection of the same.
(1) The owner, driver or conductor of a public conveyance used for the conveyance of passengers at separate fares, shall not convey therein a person whom he knows to be suffering from an infectious disease.
(2) The owner or driver of any other public conveyance, notwithstanding that no notice has been issued by the Commissioner under Section 558, may refuse to convey therein any person suffering from an infectious disease until he has been paid a sum sufficient to cover any loss and expenses which will be incurred by him in connection with the disinfection of the conveyance.
(3) If a person suffering from an infectious disease is conveyed in a public conveyance, the person incharge thereof shall as soon as practicable and before permitting any other person to enter the conveyance cause the conveyance to be disinfected.
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(1) No person shall, without disinfection of the same, give, lend, sell, transmit or otherwise dispose of any article which he knows or has reason to know has been exposed to infection from any infectious disease.
(2) Nothing in this section shall be deemed to apply to a person who transmits with proper precautions, any such articles, for the purpose of having the same disinfected.
(1) No person shall let a building or any part of a building, in which he knows has reason to know that a person has been suffering from infectious disease, without first having such building or part thereof and every article therein likely to retain infection disinfected, to the satisfaction of the Medical Officer or Health Officer or of some duly qualified Medical Practitioner, as testified by such Officers or Medical practitioners certificate.
(2) For the purpose of this section, keeper of a hotel or inn, shall be deemed to let part of his building to any person accommodated in such or inn.
The Commissioner may on being satisfied that it is the public interest so to do, by written orders direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale being a lodging house or place in which a case of an infectious disese exists or has recently occurred shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open if the Medical Officer of Health certifies that it has been disinfected or is free from infection.
(1) In the event of the city being at any time visited or threatened with an outbreak of any infectious disease, or in the event of any infectious disease breaking out or being likely to be introduced into the city amongst cattle, including under this expression sheep and goats, the Commissioner if he thinks the ordinary provisions of this Act and the rules there under or of any other law for the time being in force are insufficient for the purpose, may with the sanction of the Government--
(a) take such special measures, and
(b) by public notice make such temporary orders to be observed by the public or by any person or class of persons, as one specified therein and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.
(2) The Commissioner shall forthwith
(1) Every owner or person having the control of any place already used for burying, cremating or otherwise disposing of the dead, shall apply to the Commissioner within a period of six months from the coming into force of this Act to register the same and the Commissioner shall cause the same to be registered.
(2) Such application shall accompanied by a plan, bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor of the place to be registered, showing the locality, boundaries and extent of the same. The application shall also contain information as regards the name of the owner or person or community interested therein, the system of management and such further particulars as the Commissioner may require.
(3) The Commissioner may, on receipt, of such application and
(1) If the existing places for the disposal of the dead shall at any time appear to be insufficient or if any place is closed under the provisions of Section 570, the Commissioner shall, with the sanction of the Corporation, provide other fit and convenient places for the said purpose, either within or without the city and shall cause the same to be registered in the register kept under Section 566 and shall deposit in the municipal office, at the time of registration of each place so provided, a plan thereof showing the locality, extent and boundaries of the same and bearing the signature of the City Engineer.
(2) All the provisions of this Act and rules and bye-laws made thereunder shall apply to anyplace provided under sub-section (1) without the city and vesting in the Corporation as if such place were situate within the city.
No place which has never previously been lawfully used as a place for the disposal of the dead registered as such shall be opened by any person for the said purpose without the written permission of the Commissioner who, with the approval of the Corporation may grant or withhold such permission.
(1) If, from information furnished by competent persons and after personal inspection, the Commissioner shall at any time be of opinion,
(a) that any place of public worship, is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any churchyard or burial ground adjacent thereto, or,
(b) that any other place used for the disposal of the dead in such a state as to be or to be likely to become injurious to health or is otherwise no longer suitable for such use, he may submit his said opinion with the reason therefor, to the Corporation, which shall forward the same, with its opinion, for the consideration of the Government.
(2) Upon receipt of such opinion, the Government after such further enquiry, if any, a
(1) If, after personal inspection, the Commissioner at any time be of opinion that any place formerly used for the disposal of the dead which has been closed under the provisions of Section 569 or under any other law or authority, has by lapse of time become no longer injurious to health, and may without inconvenience, or risk of danger be again used for the said purpose, he may submit his said opinion with the reasons therefor to the Corporation, which shall forward the same with its opinion for the consideration of the Government.
(2) Upon receipt of such opinion, the Government after such further inquiry, if any, as it shall deem fit to cause to be made, may by notification published as provided in Section 569 direct that such place be reopened for the disposal of the dead. Every order so made shall be noted in the register kept under Section 566.
(1) No person shall, without the written permission of the Commissioner under sub-section (2)--
(a) make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship;
(b) make any interment or otherwise dispose of any corpse in any corpse in any place which is closed for the disposal of the dead under Section 569;
(c) build, dig, or cause to be built or dug any grave, or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under Section 566;
(d) exhume any body, except under the provisions of the Code of Criminal Procedure or any other law for the time being in force, from any place for t
No person shall -
(a) retain a corpse on any premises, without cremating, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;
(b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk or infection or injury to the public health as the Commissioner may, by public notice, from time to time, think fit to require;
(c) except when no other route is available carry a corpse or part of a corpse along any street which is for the carrying of corpses prohibited by a public notice issued by the Commissioner in this behalf;
(d) remove a corpse or part of a corpse, which has been kept or used for purposes
For the purpose of registering Births and Deaths, the Commissioner shall, from time to time divide the city into as many wards as he shall think fit, and a municipal officer shall be registrar of births and deaths of each such ward or group of wards.
(1) Every Registrar shall reside within the ward of which he is Registrar and shall cause his name, together with the words "Registrar of Births and Deaths for the Ward of..." to be affixed in some conspicuous place at or near the outer door of his place of abode.
(2) A list showing the name and place of abode of every Registrar in the city shall be kept at the Chief Municipal Office and shall be open at all reasonable times to public inspection free of charge.
The Commissioner shall provide and supply to the Registrars a sufficient number of register books of births and of register books of deaths for the registration of the particulars specified in Schedules Q and R, respectively and the pages of each of the said books shall be numbered progressively from the beginning to the end thereof.
(1) Each registrar shall inform himself carefully of every birth or and death which shall happen in his ward and of the particulars concerning the same required to be registered according to the forms in the said schedules, and shall, as soon after each such birth or death as conveniently may be, register the same in the book supplied for this purpose by the Commissioner, without making any charge or demanding or receiving any fee or reward for so doing other than his remuneration as a municipal officer.
(2) Other municipal officers, besides the registrars, may be appointed, with the duty of informing themselves of every birth or of every death or of every birth and every death in the ward to which they are respectively appointed and of the particulars concerning the same required to be registered, and of submitting such information of the registrar to the said ward or to such othe
It shall be the duty of the father and mother of every child born in the city and in default of the father and mother, of the occupier of the premises in which to his knowledge the child is born, and of each person present at the birth and of the person having charge of the child, to give, to the best of his knowledge and belief, to the registrar or other municipal officer appointed under Section 576, within seven days after such birth information of the particulars required to be registered concerning such birth:
Provided that, in the case of an illegitimate child, no person shall, as father of such child, be required to give information under this Act concerning the birth of such child and the registrar shall not enter in the register the name of any person as father of such child, unless at the joint request of the mother and of the person acknowledging himself to be the father
In case any new-born child is found exposed, it shall be the duty of any person finding such child and of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the registrar or other municipal officer aforesaid, within seven days after the finding of such child, such information or the particulars required to be registered concerning the birth of such child as the informant possesses.
(1) For every place for the disposal of the dead registered in the register kept under Section 566 a municipal officer shall be appointed, whose duty it shall be to receive information of the particulars required to be registered concerning the death of every person whose corpse is disposed of at such place.
(2) If the Commissioner shall not think fit to require the municipal officer so appointed to be in constant attendance at any place for the disposal of the dead for which he is so appointed, there shall be affixed to a conspicuous part of the entrance to such place a notice specifying the name of the officer so appointed for the said place and the address where he may be found.
(1) It shall be the duty of the nearest relatives of any person dying in the city present at the death, or in attendance during the last illness of the deceased and, in default of such relatives, of such person presents at the death, and of the occupier of the premises in which, to his knowledge, the death took place, and, in default of the persons here in before in this section mentioned of each inmate of such premises, and of the undertaker or other person causing the corpse of the deceased person to be disposed of, to give, to the best of his knowledge and belief, to the officer appointed under the last preceding section, information of the particulars required to be registered concerning such death.
(2) The said information shall be given at or about the time that the corpse of the deceased person is disposed of, and it shall be given in writing if the informant can write, and
(1) Where a duly qualified medical practitioner attends an ill person upto the time of his death, the said practitioner shall, within three days of such persons death sign and forward to the Commissioner a certificate of the cause of such persons death, in the form of Schedule S or in such other form as shall from time to time be determined by the Commissioner in this behalf, and the cause of the death as stated in such certificate shall be entered in the register, together with the name of the certifying medical practitioner.
(2) The Commissioner shall provide printed forms of the said certificate and any duly qualified medical practitioner resident in the City shall be supplied, on application, with such forms, free of charge.
(1) The information concerning deaths received by every officer appointed under Section 579 be entered by him in a register-sheet, which shall contain the particulars specified in Schedule R and shall be forwarded, at such intervals as shall be determined by the Commissioner, through the registrar of the ward to the Chief Municipal Officer.
(2) From the said register-sheets and from the certificates furnished to him under Section 581 the Commissioner shall cause the register-books of deaths to be prepared and shall have prepared and published such tabular returns and statements as shall appear to him to be useful for sanitary or other purposes.
(1) Any clerical error which may at any time be discovered in a register of births or in a register of deaths may be corrected by any person authorised in that behalf by the Commissioner.
(2) An error of fact or substance in any such register may be corrected by any person authorised as aforesaid by entry in the margin, without any alteration of the original entry, upon production to the Commissioner, by the person requiring such error to be corrected, of a declaration on oath setting-forth the nature of the error and the true facts of the case, made before a Magistrate by two persons required by this Act to give information concerning the birth or death with reference to which the error has been made or in default of such persons, by two credible persons having knowledge of the case, and certified by such Magistrate to have been made in his presence.
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(1) When the birth of any child has been registered and the name, if any, by which it was registered is altered or, if it was registered without a name, when a name is given to it, the parent or guardian of such child or other person procuring such name to be altered or given may, within twelve months next after the registration of the birth, deliver to the registrar, such certificate, as hereinafter mentioned and the registrar upon the receipt of that certificate shall without any erasure of the original entry, forthwith enter in the register-book the name mentioned in the certificate as having been given to the child.
(2) The certificate shall be in the form of Schedule T, or as near thereto as circumstances admit, and, in the case of Christians, shall be signed by the minister or person who performed the rite of baptism upon which the name was given or altered, or, if the child
(1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.
(2) In making any such rule, the Government may direct that a breach thereof shall be punishable with a fine which may extend to rupees five-hundred and if the breach is a continuing one a further fine which may extend to rupees twenty for every day after the first day during which the breach has been made.
(3) Every rule made under this Act shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immedi
The Corporation may from time to time make bye-laws not inconsistent with this Act with respect to the following:-
(1) Any matter relating to the proceedings of the Corporation, a committee or a sub-committee, the holding and regulation of meetings, the conduct of debate, the inspection of minute-books and the supply of copies of minutes to Members or other persons on payment of fees or otherwise;
(2) regulating in any particular, not specifically provided for in this Act the construction, maintenance, protecting, flushing, cleansing and control of drains, ventilation shafts or pipes, (x x x) water-closets, privies, latrines, urinals washing places, drainage works of every description whether belonging to or vesting in the Corporation or other persons, private streets and public streets;
(3
It shall be the duty of the Commissioner either suo motu or at the instance of the Standing Committee from time to time to lay before the Corporation for its consideration a draft of any bye-law which he shall think necessary or desirable to be made for the furtherance of any purpose of this Act.
(1) No bye-law shall be finally approved by the Corporation, unless notice of the intention of the Corporation to take the same into their consideration has been given by advertisement in the Andhra Pradesh Gazette and in the local newspapers six weeks at least before the day of the meeting at which the Corporation finally consider such bye-law.
(2) The Corporation shall, before approving any bye-law, receive and consider any objection or suggestion which may be made in writing by any person with respect thereto before the day of the said meeting; and any person desiring to object to a bye-law, on giving written notice to the Commissioner, not less than ten days before the day of the said meeting, of the nature of his said objection may, by himself or his counsel, attorney or agent, be heard by the Corporation thereon at the said meeting.
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No bye-law made under Section 586 shall have the force of law unless and until sanctioned by the Government and published in the Official Gazette.
(1) The Commissioner shall cause all bye-laws from time to time in force to be printed, and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of a fee fixed with the approval of the Standing Committee.
(2) Notice of the fact of copies of the bye-laws being obtainable at the said price, and of the place where and the person from whom the same are obtainable, shall be given by the Commissioner from time to time by advertisement in the local newspapers.
(3) Boards, with the bye-laws printed thereon or with printed copies of the bye-laws affixed thereto, shall be hung or affixed in some conspicuous part of every municipal office and in such places of public resort, markets, slaughter houses and other works or places affected thereby, as the Commissioner thinks fit, and the said boards shall from
(1) No municipal officer or servant shall at any reasonable time prevent the inspection of any board provided by the Commissioner, under the last preceding section by any person desiring to inspect the same. (2) No person shall, without lawful authority, destroy, pull down, injure or deface any such board.
(1) If it shall at any time appear to the Government that any bye-law should be modified or repealed either wholly or in part, it shall cause reasons for such opinion to be communicated to the Corporation and specify a reasonable period within which the corporation may make any representation with regard thereto which it shall think fit. (2) After receipt and consideration of any such representation or if in the meantime no such representation is received, after the expiry of the specified period, the Government may at any time by notification in the Official Gazette modify or repeal such bye-law either wholly or in part. (3) The modification or repeal of a bye-law under sub-section(2) shall take effect from such date as the Government shall in the notification direct or, if no such date is specified, from the date of the publication of the said notification in the Official Gazette, except as to anything done or suffered or o
(1) The Commissioner may make standing orders consistent with the provisions of this Act and the rules and bye-laws made there- under in respect of the following matters namely--
(A)
(a) fixing nakas of the collection of octroi x x x
(b) regulating the mode and manner in which octroi x x x shall be collected;
(c) determining how octroi shall be calculated when no reliable evidence is available of the value of the goods imported;
(d) regulating the stamping, sealing or otherwise marking of imported goods;
(e) specifying the manner which refunds of octroi shall be claimed or made and the conditions under which agent shall be recognised for obtaining refunds of
A printed copy of the standing orders shall be affixed in a conspicuous place in the Chief Municipal Office and a printed copy of the table of stallages, rents and fees, if any, inforce in any market, slaughter-house or stockyard under Section 534 and 535 shall be affixed in some conspicuous spot in the market-building, market-place, slaughter-house or stock yard.
In making bye-laws or standing orders, the Corporation, or the Commissioner as the case may be, may provide that for any breach thereof the offender shall on conviction--
(a) be punished with fine which may extend to rupees one hundred, and in the case of a continuing breach with fine, which may extend to rupees ten for every day during which the breach continues, after conviction for the first breach;
(b) be punished with fine, which may extend to rupees ten for every day during which the breach continues, after receipt of written notice from the Commissioner or any municipal officer duly authorised in that behalf to discontinue the breach;
(c) in addition to the imposition of such fine, be required to remedy the mischief so far as lies in his power.
Whoever--
(a) contravenes any provision of any of the sections, sub- sections or clauses mentioned in the first column of the table in the Schedule U, or
(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the third column of the said table.
Explanation:- The entries in second column of the said table headed "Subject" are not intended as definitions of the offences described in the Sections, sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses, but are inserted merely as references to the subjects of the sections, sub-sections and clauses, the numbe
Whoever, after having been convicted of--
(a) contraventing any provision of any of the sections, sub-sections or clauses mentioned in the first column of the table in Schedule V;
(b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to countravene the said provision or to neglect to the comply with the said requisition, or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the third column of the said table.
Explanation:- The entries in the second column of the said table headed "Subject" are not intended as definitions of th
Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act hereinbelow in this section mentioned and whoever fails to comply with any requisitions lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the section of the Indian Penal Code hereinbelow in this section respectively specified as the section of the said Code under which such person shall be punishable, namely:-
Sections of this Act. Sections of the Indian Penal Code under which offenders are punishable Section 12, sub-section (7) 176 or 177 as the case may be Section 213, sub-sections (1) and (2) and Section 243 176 or 177 as the case may be Section 216, sub-section (3) 177 Section 514, clauses (a), (b), (c) and (d) and Section 515 207 Section 565, sub-section (1) 188
Any officer or servant of the Corporation who knowingly prepares or makes an entry in the list of persons qualified to be registered in the list of voters which is incorrect or false shall, on conviction, be punishable with imprisonment of either description which may extend to six months or with fine which may extend to rupees five hundred.
(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with fine which may extend to rupees two hundred and fifty.
(2) This section applies to any public meeting of a political character held in any Ward between the date of the issue of a notification under this Act calling upon the Ward to elect a member or members and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address, and if that person refuses or fails so to declare his
(1) Every officer, 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 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) No person who is a Returning Officer, or an Assistant Returning Officer, or a Presiding or Polling Officer at an election, or an officer or clerk appointed by the Returning Officer to perform any duty in connection with an election shall, in the conduct or the management of the election, do any act, other than the giving of vote for the furtherance of the prospects of the elections of a candidate.
(2) No such person as aforesaid, and no member of a police force shall endeavor-
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election;
(c) to influence the voting of any person at an election in any manner
(3) Any person who contravene
(1) No person shall, on the date or dates on which a poll is taken 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 one hundred yards of the polling station, namely:-
(a) canvassing for votes; or
(b) soliciting the vote of any elector; of
(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) Any person who contravenes the provisions of sub-section (1) shall be punishable with a fine which may extend to
(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 neighborhood 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 neighborhood 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 officers 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 punisha
(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 voter 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
If any person is guilty of any such corrupt practice as is specified in sub-section (6) of Section 17 at or in connection with an election, he shall be punishable with a fine which may extend to rupees two hundred and fifty.
(1) Any person who at any 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 a fine which may extend to rupees five hundred 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.
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If a person makes in, or in connection with any nomination of a candidate for election or any return election expenses, a statement or declaration in writing which is false and which he either knows or 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 year or with fine or with both.
(1) If any person to whom this section applies is without reasonable cause guilty of any act or commission in breach of his official duty, he shall be punishable with a fine which may extend to rupees five hundred.
(2) No suit or other legal proceedings shall be against any such person for damages in respect of any such act or commission as aforesaid.
(3) The persons to whom this section applies are the Commissioner, Returning Officers, Assistant Returning Officer, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the preparation of the list of voters, the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election; and the expression "official duty" shall for the purpose of this section be construed accordingly, but shall not include d
(1) A person shall be guilty of an electoral offence if at any election he
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer;or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or
(d) without the due authority supplies any ballot paper to any person; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in ; or
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(1) If the Government has reason to believe that an offence punishable under Sections 599, 603, 604 or under clause (a) of sub-section (2) of Section 611 has been committed with reference to any election by any officer and servant of the Corporation, a Returning Officer, Assistant Returning Officer or a Presiding or Polling Officer it shall be the duty of the Government to cause enquiries to be made and such prosecution to be instituted as the circumstances of the case may require.
(2) No court shall take cognizance of any offence punishable under Section 603 or 604 or under clause (a) of sub-section (2) of Section 611 unless there is a complaint made by the order of or under authority from the Government.
Any Member who knowingly acquires; directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under clause (h) or Section 22, it is permissible for a Member to have, without being thereby disqualified for being a Member, and any Commissioner, Deputy Commissioner, Municipal Officer or servant who knowingly acquires directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under clause (h) of section 22, is permissible for a Member to have, without being thereby disqualified for being a Member, shall be deemed to have committed the offence made punishable by Section 168 of the Indian Penal Code.
(1) Whoever, contravenes any provisions of sub-section (1) of Section 348 shall be punished with imprisonment which may extend to one month, or with fine which may extend to rupees one hundred or with both.
(2) When any person is convicted under sub-section (1) the Magistrate who convicts him may order the immediate removal of any building or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held.
(3) If any order made under sub-section (2) is disobeyed or the execution thereof resisted, the offender shall be punished, with imprisonment which may extend to one month, or with fine which may extend to rupees one hundred or with both.
Whoever contravenes any provision of Section 518, whether the person so offending be the owner or occupier of the premises in which a furnace is situated or the agent or some person employed by the owner or occupier for managing the same, shall be punished with fine which may extend on a first conviction to rupees one hundred and, on a second or subsequent conviction, to a sum equal to double the amount to which it might have extended on the last preceding conviction.
No person who receives the rent of any premises in any capacity described in sub-section (a) of Clause (39) of Section 2, shall be liable to any penalty under this Act for omitting to do an act as the owner of such premises if he shall prove that the default is caused by his not having funds of, or due to owner sufficient to defray the cost of doing the act required.
The law for the time being in force for the punishment of offences relating to the levy or payment of customs duties and the grant of drawbacks, in connection therewith and of the reward of informers shall, as far as may be, apply to similar offences committed in respect of the levy, payment and refund of Octroi, and any omission or misdescription in passing for exports any goods in respect of which refund of Octroi may be claimable, shall be punishable as is such omission or misdescription and been made in passing the said goods for import.
(1) The Commissioner may grant to any person he thinks fit a licence to act as a surveyor x x x for the purposes of this Act. Each such licence shall be for a renewable period of one year.
(2) If any applicant for a licence to act as a surveyor is a licentiate of Civil Engineering or a person who has passed some test of professional qualification equivalent to that for a licentiate of Civil Engineering, his application shall not be refused by the Commissioner, except with the approval of the Standing Committee and upon the ground that the applicatnt is unfit, through incompetency, misconduct or other grave reason, to hold such licence.
(3) If the Commissioner refuses any application for a licence under this section he shall, at the request of the applicant, furnish such applicant with his reasons, for such refusal in writing under his si
The Bye-laws may be made from time to time for the guidance of licensed surveyors x x x and a copy of all bye-laws so made in force for the time being on the back of every licence granted to a surveyor. x x x
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(1) Whenever it is provided in this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which and the restrictions and conditions subject to which, the same is granted, and shall be given under the signature of the Commissioner or of a municipal officer empowered under Section 119 to grant the same.
(2) Fees to be Chargeable- For every such licence or written permission a fee may be charged at such rate as shall from time to time be fixed by the Commissioner, with the sanction of the Corporation.
(3) Licenses and written permission may be revoked, etc.- Subject to the provisions of sub-sections(2) and (3) of Section 530 any licence or written permission granted under this Act may at any time be suspended or revoked by the Commissioner, if any of its rest
No person shall without, or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf.
(a) carry on within the City the business of a dairyman,
(b) use any place in the City as a dairy or for the sale of any dairy produce.
Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall use any public place or any public street for the purpose of hawking or exposing for sale, any article whatsoever whether it be for human consumption or not.
Except under and in coformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain use any public street for the purposes of using his skill in any handicraft or in rendering service to and for the convenience of the public.
Whenever it is provided by this Act that public notice shall or may be given of anything, such public notice shall be in writing under the signature of the Commissioner or of a municipal officer empowered under Section 119 to give the same and shall be given wide publicity in the locality to be affected thereby affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in the local newspapers or by any two or more of these means and by any other means that he shall think fit.
Whenever it is provided by this Act that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the local newspapers such notice, notification or information shall be inserted, if practicable in at least to newspapers, in such language or languages as the Corporation may from time to time specify in this behalf published in the City.
Whenever under this Act the doing or the committing to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of the Commissioner or of a Deputy Commissioner or any municipal officer, a written document signed by the Commissioner or by such Deputy Commissioner or municipal officer, purporting to convey or set forth his consent, approval, decalration, opinion or satisfaction shall be sufficient evidence of such consent, approval, declaration, opinion or satisfaction.
Notices, bills schedules, summons and other such documents required by this Act or by any regulation or bye-law made under this Act to be served upon or issued, or presented or given to any person, shall be served, issued or presented or given by municipal officers or servants or by other persons authorised by the Commissioner in this behalf.
When any notice, bill, schedule, summons or other such documents is required by this Act, or by any regulation or bye- law made under this Act, to be served upon or issued or presented to any person such service, issue or presentation shall except in the cases otherwise expressly provided for in Section 657 be effected--
(a) by giving or tending to such person the said notice, bill schedule, summons or other documents; or
(b) if such person is not found, by leaving the said notice, bill, schedule, summons or other documents at his last known place of abode in the city or by giving or tendering the same to adult male member or servant of his family; or
(c) if such person does not reside in the City, and his address elsewhere is known to the Commissioner by forwarding the said notice, bill, sch
When any notice, bill,schedule, summons or other such document is required by this Act, or by any regulation or bye-law made under this Act, or by any regulation or bye-law made under this Act, to be served upon or issued or presented to the owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein and the service, or presentation thereof shall be effected, not in accordance with the provisions of the last proceeding section but as follows, namely :-
(a) by giving or tendering the said notice, bill, schedule, summons or other document to the owner or occupier, or if there be more than one owner or occupier to any one of the owners or occupiers of such building or land; or
(b) if the owner or occupier or no one of the owners or occupiers is found by giving or tendering the said notice, bil
Nothing in the three last preceding sections applies to any summons issued under this Act by a Magistrate.
Notwithstanding anything containing in Sections 629 and 631 a bill for any municipal tax may be served upon the person liable therefor by sending it by ordinary post with a prepaid letter under a certificate of posing, addressed to such person at his last known abode or place of business in the City and every bill so sent shall be deemed to have been served on the date following the day upon which the letter was posted and, in proving such service, it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.
(1) Every licence, written permission, notice, bill, schedule, summons or other document required by this Act or rule or bye-law made thereunder to bear the signature of the Commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or of such municipal officer, as the case may be, stamped thereupon.
(2) Nothing in this section shall be deemed to apply to a cheque drawn upon the municipal fund under Section 171.
(1) The Commissioner may, in order to facilitate the service, issue, presentation, or giving of any notice, bill, schedule, summons or other such document upon or to any person, by written notice require the owner or occupier of any premises, or of any portion thereof to state in writing, within such period as the Commissioner may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein, whether as freeholder, mortgagee, lessee or otherwise, so far as such name and address is known to him.
(2) Any person required by the Commissioner in pursuance of sub- section (1) to give the Commissioner any information shall be bound to comply with the same and to give true information to the best of his knowledge and belief.
(1) If any work or thing requiring the written permission of the Commissioner under any provisions of this Act, or any rule, regulation or bye-law is done by any person without obtaining such written permission of, if such written permission is subsequently suspended or revoked for any reason by the Commissioner, such work or thing shall be deemed to be unauthorised and subject to any other provision of this Act the Commissioner may at any time, by written notice, require that the same shall be removed, pulled down or undone as the case may be, by the person so carrying out or doing if the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisitions of the Commissioner.
(2) If within the period specified in such written notice the requisitions containe
The commissioner or any other officer authorised by him in this behalf may enter into or upon any building or land, with or without assistants or workmen in order to make inspection or survey or to execute any work which is authorised by this Act or by any regulation or bye-law framed under this Act to be made or executed, or which it is necessary for any of the purposes, or in pursuance of any of the provisions of this Act or of any such regulation or bye-laws, to make or execute:
Provided that--
(a) except when it is in this Act otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act otherwise expressly provided, no building which is used as a human dwelling shall be so entered unless with the consent of the occupier thereof,
The Commissioner shall have the power of a Civil Court for the purpose of enforcing the attendance of witnesses and compelling the production of documents and every person required by the Commissioner to furnish any information shall be legally bound to do so within the meaning of Section 176 of the Indian Penal Code, 1860. (Central Act 45 of 1860).
(1) When any requisition or order is made, by written notice, by the Commissioner or by any municipal officer empowered under Section 119 in his behalf, or under any section, sub- section or clause of this Act, mentioned in sub-section (2), a reasonable period shall be specified in such notice for carrying such requisition or order into effect, and if, within the period so specified, such requisition or order or any portion of such requisition or order is not complied with, Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion, be necessary for giving due effect to the requisition or order so made; and, unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addressed.
(2) The sections, sub-sections and
(1) The expenses incurred by the Commissioner in effecting any removal under Section 405 or sub- section (3) of Section 413 or in the event of a written notice issued under Section 406 or Section 456 or 504 not being complied with under Section 639, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.
(2) But, if the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any incurred by the commissioner in respect thereof or in respect of the intended sale or disposal thereof.
(3) If the materials are not claimed by the o
(1)
(a) Whenever under this Act, or any rules or bye-laws made thereunder the expenses of any work executed or of any measure taken or thing done by or under order of the Commissioner or of any municipal officer empowered under Section 119 in this behalf are payable by any person, the same shall be payable on demand.
(b) If not paid on demand the said expenses shall be recoverable by the Commissioner subject to the provisions of sub-section (2) of Section 650 by distress and sale of the goods and chattels of the defaulter, as if the amount thereof were a property tax due by the said defaulter.
(2) If the said expenses are due in respect of some work executed or thing done to, upon or in connection with some building or land or of some measure taken with respect to some building or land or in
If the expenses to be recovered have been incurred in respect of any work mentioned in any of the sections-clause (c) of 296, 300, 302, clause (b) of sub-section (1) of 305, sub-section (1) of 323, 335, 353, clause (a) of sub-section (3) of 354, 394, sub- section (1) of 453, 495, 504 and 532, the Commissioner may, if he thinks fit and with the approval of the Corporation, declare such expenses to be improvement expenses and on such declaration being made, such expenses together with interest thereon payable under Section 643, shall be a charge on the premises in respect of which or for the benefit of which the expenses have been incurred.
(1) Improvement expenses shall be recoverable in instalment of such amount not being less for any premises than twelve rupees per annum and at such intervals as will suffice to discharge such expenses, together with interest thereon at the rate of six per centum per annum within such period not exceeding thirty years as the Commissioner, with the approval of the Corporation, may in each case determine.
(2) The said instalment shall be payable by the occupier of the premises which the expenses and interest thereon are so charged or, in the event of the said premises becoming unoccupied at any time before the expiration of the period fixed for the payment of such expenses or before the same, with interest as aforesaid, are fully paid off, by the owner for the time being of the said premises so long as the same continue to be unoccupied.
(3
At any time before the expiration of the period for the payment of any improvement expenses together with interest thereon the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses and such interest due, if any, as may not have been already paid or recovered.
Any instalment payable under sub-section (3) of Section 641 or Section 643 which is not paid when the same becomes due may be recovered by the Commissioner by distress and sale of the goods and chattels of the person by whom it is due as if it were a property tax due by the said person.
Whenever the owner of any building or land fails to execute any work which he is required to execute under this Act, the occupier, if any, of such building or land may, with the approval of the Commissioner, execute the said work, and he shall be entitled to recover the reasonable expenses incurred by him in so doing from the owner and may deduct the amount thereof from the rent which from time to time becomes due by him to the owner.
No person who receives the rent of any premises in any capacity described in paras (i), (ii) and (iii) of sub-clause(a) of clause (39) of Section 2 shall be liable to do anything which is by this Act required to be done by the owner, unless he has sufficient funds of or due to the owner to pay for the same.
In any case not otherwise expressly provided for in this Act, the Commissioner may, with the previous approval of the Standing Committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act in the Commissioner or to municipal officer or servant.
(1) If, on account of any act or omission any person has been convicted of an offence against any rule or bye-law-made thereunder, and, by reason of the same act or omission of the said person, damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.
(2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he 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 inflicted by him on the person liable therefor.
(1) If, when the Commissioner demands payment of any expenses under Section 641 his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the Commissioner in taking temporary measures under sub-section (2) of Section 422 the necessity for such temporary measure is disputed, the Commissioner shall refer the case for the determination of the Judge.
(2) Pending the Judges decision the Commissioner shall defer further proceedings for the recovery of the sum claimed by him and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby ascertained to be due.
If, in any case not falling under Section 641, any person is required by this Act, or by any rule or bye-law framed under This Act, to pay expenses or any compensation, the amount to be so paid and, if necessary, the apportionment of the same, shall, in case of dispute, be determined, except as is otherwise provided in Sections 650 and 667, by the Judge of the Small Causes Court on application being made to him for this purpose at any time within one year from the date when such expenses of compensation first became claimable.
If the amount of any expenses or compensation ascertained in accordance with the last preceding section is not paid by the person liable to pay the same on demand, it shall be recoverable as if the same were due under a decree of the Court.
Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, be recovered by a suit brought against the person liable for the same in any Court of competent jurisdiction.
Appeal shall Be to the Judge against the orders of the Commissioner in the following cases, namely--
(1) an order refusing to empty private drains into a municipal drain under Section 297;
(2) an order enforcing drainage of undrained premises under Sections 302 and 303;
(3) an order declining to remove a shaft or pipe under Section 317;
(4) an order requiring a building to be set forward under Section 386;
(5) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous under Section 422;
(6) an order requiring a dangerous structure to be pulled down, secured or removed under Section 456;
(1) On an appeal being made against a demolition order made under Section 498 or 499, the Judge may make such order either confirming, quashing or varying the order as he thinks fit and he may, if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Commissioner, and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Commissioner under Section 498 or 499.
(2) An appeal shall be to the High Court from a decision of the Judge on an appeal under this section, within one month of such decision, when the rateable value entered in the Commissioners assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds rupees two thousand.
(3) A dec
(1) An appeal shall be to the High Court from a decision of the Judge regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds rupees two thousand:
Provided that no such appeal shall be heard by the High Court unless it is filed within thirty days from the date of the decision of the Judge.
(2) The decision of the Judge regarding the amount or payment of expenses for any work executed, if no appeal is filed under this section, and the decision of the High Court in such appeal if an appeal, is filed, shall be final.
(3) ppeal is filed under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Commissioner shall defer proceedings for the recovery of
(1) If the owner of any building or land is prevented by the occupier thereof from complying with provisions of this Acts or of any bye-law made thereunder or with any requisition made under this Act, or bye-law in respect of such building of land, the owner may apply to the Judge.
(2) The Judge on receipt of any such application may make written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition may also, if he thinks fit, direct that the cost of such application and order be paid by the occupier.
(3) After eight days from the date of any such order, it shall be incumbent on the said occupier to afford all such reasonable facilities to the owner for the purpose aforesaid as shall be specified in the said order, and in the event of his
(1) For the purposes of any inquiry or proceeding under this Act, the Judge may summon and enforce the attendance of witnesses and compel them to give evidence and compel the production of documents, by the same means and, as far as is possible, in the same manner as is provided in the case of the Small Causes Court by The Andhra Pradesh (Telangana Area) Small Causes Court Act, 1330 F. (Act VI of 1330 F.) and in all matters relating to any such inquiry or proceeding the said Judge shall be guided generally by the provisions of the said Act so far as the same are applicable.
(2) If, in any such inquiry or proceeding, the person against whom the complaint or application has been make fails to appear, notwithstanding that he has been duly summoned for this purpose, the said Judge may hear and determine the case in his absence.
(3) The costs
(1) The Government may, from time to time by notification in the Andhra Pradesh Gazette, determine what fee, if any, shall be paid--
(a) on any application or appeal made under this Act to the Judge; and
(b) previous to the issue, in any inquiry or proceeding of the said Judge under this Act, or any summons or other process:
Provided that the fees, if any, determined 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 fees at the time being levied, under the provisions of the Andhra Pradesh (Telangana Area) Small Causes Court Act 1330F, in cases in which the value of the claim or subject-matter is of like amount.
(2) The Government may from time to time by a like
The Judge may, whenever he thinks fit, receive an application or appeal made under this Act, by or on behalf of a poor person, may issue process on behalf of any person without payment or on a part payment of the fees determined under Section 659.
Whenever any application or appeal under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by said judge to the parties by whom the same have been respectively paid.
The judge may
(a) delegate either generally or specially to any other judge of the said Court power to receive applications, appeals and references under this Act, and to discharge any other duty in connection with such applications, appeals and references, except the hearing and adjudication thereof;
(b) if for any reason, it shall be necessary so to do, delegate to any other Judge of the said Court the hearing and adjudication of the said application.
All offences against this Act, or against any rule or bye-law thereunder, whether committed within or without the city shall be cognizable by a Magistrate appointed under Section 664 or until such appointment by a First Class Magistrate having jurisdiction in the city and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence or of any offence against any enactment thereby repealed, by reason only of his being liable to pay any Municipal Tax or of his being benefited by the Municipal fund.
(1) The Government may with the consent of the Corporation create one or more posts of Magistrates and invest them with the powers of First Class magistrates for the trial of offences against this Act, or against any rule, regulation or bye-law made thereunder and may appoint any person to such post and may also appoint such ministerial officers for the Court of any such Magistrate as it may think necessary.
(2) Such Magistrate or Magistrates and their establishment shall be paid such salary, pension, leave allowances and other allowances as may, from time to time, be fixed by the Government.
(3) The amounts of the salary and other allowance as fixed under sub-section (2) together with all other incidental charge shall be reimbursed to the Government by the Corporation, who shall also pay to the Government such contribution towards with
No person shall be liable to punishment for any offence made punishable by this Act, unless complaint of such offence is made before a Magistrate within the time hereinafter fix in that behalf namely--
(a) if the offence be against the provisions of Section 213, within six months next after the commission of such offence;
(b) if the offence be against the provisions of Sections 299, 313, 337, 352(1), 353(5), 354 (3) (a) (b), 363, 366, 371(1), (2), 516 or any bye- laws made under Section 586, within three months next after the commission or discovery of such offence;
(c) if the offence be against any other provision of this Act, within three months next after the Commission of such offence.
If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, or bye-law made thereunder fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the non-appearance of such person the Magistrate may hear and determine the case in his absence.
(1) Any person who resides in the city may complain to a Magistrate of the existence of nuisance, or that in exercise of any power conferred by Sections 294, 317, 319, 320 or 482 more than the least practicable nuisance has been created.
(2) Upon receipt of any such complaint, the Magistrate after making such inquiry as he thinks necessary, may if he see fit, direct the Commissioner-
(a) to put in force any of the provisions of this Act or to take such measures as to such Magistrate as shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;
(b) to pay the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation, for the complaints loss of time in prosecutin
(1) An appeal shall be to the Court of Session from an order passed by the Magistrate under Section 667 within thirty days of the date thereof.
(2) The said Court may, when disposing of an appeal under sub- section (1) direct by whom and in what proportions, if any, the costs of the appeal are to be paid, and costs so directed to be paid may, on application, to a Magistrate of the First Class having jurisdiction in the city, be recovered by him., in accordance with the direction of the said Court, as if they were a fine imposed by himself.
(3) When an appeal has been preferred to the said Court under the section, the Commissioner shall defer action upon the order of the Magistrate until such appeal has been disposed of and shall thereupon forthwith give effect to the order passed in such appeal by the said Court, or, if the order of the
Any police officer may arrest any person who commits in his view any offence against this Act or against any regulation or bye-law made under this Act, 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 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 a Magistrate, for any longer time, not exceeding at the most twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate competent to take cognizance of his offence.
(1) Save as expressly provided by this Chapter-the provisions of the Code of Civil Procedure, 1908 relating to appeals from original decree shall apply to appeals to the Judge from the orders of the Commissioner and the provision of the said Code relating to appeals from Appellate decrees shall apply to appeals to the High Court.
(2) All other matters for which no specific provision has been made under this Act shall be governed by such rules as the Government may from time to time make after consultation with the High Court.
(1) No assessment or demand made, and no charge imposed under the authority of this Act shall be questioned or effected by reason of any clerical error or by reason of any mistake (a) in respect of the name, residence, place of businesss or occupation of any person or (b) in the description of any property or (c) in respect of the amount assessed, demanded or charged; provided, that the provisions of this Act have been in substance and effect, complied with; and no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any court:
Provided that the person or property so assessed or charged is reasonably asecertainable.
(2) Notwithstanding anything contained in sub-section(1), no suit shall be entertained by any court of law unless the assessee pays fifty percent of the tax levied or demanded.
(1) In computing the period of limitation fixed for an appeal or application referred to in this Act the provisions of Section 5, 12 and 13 of the Indian Limitation Act, 1908 shall so far as may be, apply.
(2) When no time is fixed by this Act for the presentation of an appeal for application such appeal or application shall be presented within thirty days from the date of the order in respect of or against which the appeal, or application is presented.
(1) All orders of the Judge shall be executed in same manner as if they were decrees of the Court of Small Causes passed under the Andhra Pradesh (Telangana Area) Small Causes Court Act.
(2) All orders of the High Court shall be executed as if they were decrees of the High Court.
The Provisions of the Code of Criminal Procedure, shall so far as may be, apply to all matters investigated, inquired into, tried, appealed against and otherwise dealt with under this Act before Magistrates.
(1) Every person who is elected to be a member shall, before taking the seat, make at a meeting of the corporation an oath or affirmation of his allegiance to the constitution of India in the following namely-
"I,.......having become a Mayor/Member of the Corporation swear in the name of the God/solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.
(2) Any such Mayor/member who fails to make, within three months from the date on which his term of office commences or at one of the first three meetings held after the said date, which ever is later, the oath of affirmation laid down in sub-section (1), shall cease to hold office and his seat shall b
The Commissioner may
(a) take, or withdraw from, proceedings against any person who is charged with-
(i) any offence against this Act;
(ii) any offence which affects or is likely to affect any property or interest of the corporation or the due administration of this Act;
(iii) committing any unisance whatsoever;
(b) compound any offence against this Act, which under the law at the time in force may legally be compounded.
(c) defend any election petition brought under Section 7;
(d) defend, admit or compromise any appeal against a rateable value or tax brought under Section 282;
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The Government may at any time require the Corporation or Commissioner
(a) to produce any extract from any proceedings of the Corporation, the Standing Committee or any other Committee constituted under this Act, record, correspondence, plan or other document;
(b) to furnish any return, plan, estimate, statement of account or statistics;
(c) to furnish or obtain any report and the Corporation or the Commissioner as the case may be, shall furnish the same without unreasonable delay.
The Government may depute any officer to inspect or examine any Municipal Department, Office, service, work or thing and to report thereon and any officer so deputed may for the purposes of such inspection or examination exercise all the powers conferred by Section 675.
If on receipt of any information or report obtained under Section 675 or 676 or otherwise, the Government is of opinion-
(a) that any duty imposed on any Municipal Authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance of any such duty. the Government may by an order direct the Corporation or Commissioner within a period to be specified in the order to make arrangements for the proper performance of the duty or to make financial provision for the performance of the duty as the case may be, to the satisfaction of Government:
Provided that unless in the opinion of the Government the immediate execution of such order is necessary, the Government
(1) If within the period fixed by an order issued under Section 677 any action directed under that section has not been duly taken, the Government may by order-
(a) appoint some person to take action so directed;
(b) fix the remuneration to be paid to him; and
(c) direct that such remuneration and the cost of taking such action shall be defrayed out of the Municipal Fund.
(2) For the purpose of taking the action directed as aforesaid the person appointed under sub-section (1) shall have power to make such contracts as are necessary, may exercise any of the powers conferred on any Municipal Authority by or under this Act and specified in this behalf in the order issued under sub-section (1) and shall be entitled to protection under this Act as if he
(1) The Government may at any time for the purposes of satisfying itself as to the correctness, legality, property or regularity of any proceeding of or order passed by the Commissioner or any officer subordinate to him call for and examine the record and pass such orders with reference thereto as it thinks fit.
(2)
(a) where the Government is of opinion that the execution of any resolution or order passed by the Corporation 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 law for the time being in force or is likely to lead to a breach of peace it may by order in writing suspend the execution of such resolution or order or prohibit the doing of any such act:
Pro
(1) The Government may, either suo motu or on representation of any councilor, the Mayor or the Commissioner, by order, in writing
(i) cancel any resolution passed, order issued, or licence or permission granted; or
(ii) prohibit the doing of any act which is about to be done, or is being done, in pursuance or under color of this Act, if in their opinion
(a) such resolution, order, licence, permission or act has been passed, issued, granted or authorised in accordance with law;
(b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other enactment; or
(c) the execution of such resolution or order, the continuance in force of such licence or permiss
(1) The Government may, either suo motu or on a representation of a Mayor or Deputy Major or Member or Commissioner or employee of the MunicipalCorportaion, by notification in Andhra Pradesh Gazette suspend the Mayor or the Deputy Mayor or a Member who in thier opinion wilfully misbehaved or manhandled any other member or officer or employee of the Corporation or destroyed the property of the Corporation or used unparliamentary language or abused his position in the course of meetings of the Corporation or during the discharge of any duty vesting upon the Mayor or Deputy Mayor or any Member or officer or employee, so as to lead to a situation in which the Municipal Administration cannot be crried on in accordance with the provisions of this Act or the financial stability of the Council is threatened.
(2) The Government shall, before taking action under sub-section (1) give the Myor
(1) The Government may, by notification in the Andhra Pradesh Gazette, remove the Mayor or the Deputy Mayor who, in their opinion wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position of the powers vested in him.
(2) The Government shall when they propose to remove the Mayor or the Deputy Mayor under sub-section (1), give the Mayor or the Deputy Mayor concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons of the Government for the action taken.
(3) Any person removed under sub-section(1) from the office of Mayor or from the office of Deputy Mayor shall not be eligible for election to either of the said offices until the date on which notice
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(1) If, in the opinion of the Government, the Corporation is not competent to perform, or persistenly, makes default in performing the duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses its position or powers or a situation exists in which the municipal administration cannot be carried on in accordance with the provisions of this Act or the financial stability or credit of the Corporation is threatened, the Government may, by notification in the Andhra Pradesh Gazette, direct that the Corporation be dissolved with effect from a specified date and reconstituted either immediately or with affect from another specified date not later than six months from the date of dissolution; and the notification shall be laid before the Legislative Assembly of the State.
(2) x x x
(3) For purposes
The Government may from time to time give such directions not inconsistent with the provisions of the Act or the rules made thereunder to the Corporations as it may consider necessary for carrying out the purposes of this Act".
Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to the Municipal Corporations, the Government may in consultation with the Corporation and also the Andhra Pradesh Industrial Infrastructure Corporation, by notification in the Andhra Pradesh Gazette, and subject to such restrictions and conditions including those relating to the remittance of such percentage of the property tax to the Corporation and to such control and revision as may be specified therein direct that any power or function vested in the Corporation by or under this Act shall be transferred to and exercised and performed by the Andhra Pradesh Industrial Infrastructure Corporation.
The Commissioner and Deputy Commissioner and every councillor and every officer or servant appointed under this Act and every person appointed to make a valuation under sub-section (1) of Section 285 and every contractor or agent for the collection of any Municipal Tax and every servant or other person employed by any such contractor or agent, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code. 1860.
The Commissioner of Police shall, as far as may be, co-operate, by himself and through his subordinates, with the commissioner for carrying into effect and enforcing the provisions of this Act and for the maintenance of good order in the city.
(2) It shall be the duty of every Police Officer in the city to communicate without delay to the proper municipal officer any information which he receives of a design to commit or of the commission of any offence against this Act, or against any rule or bye-law made under this Act and to assist the Commissioner, or any Municipal Officer or servant, reasonably demanding his aid for the lawful exercise of any power vesting in the Commissioner or in such Municipal officer or servant under this Act.
For the purpose of the recovery of any amount due on account of rent from any person to a corporation in respect of any land vested in or otherwise held by such Corporation the Corporation shall be deemed to be a superior holder and every such person an inferior holder of such land, within the meaning of Sections 72 and 73 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F (Act VIII of 1317F) and the Corporation as superior holder shall be entitled, for the recovery of every such amount to all the assistance to which under the said section a superior holder is entitled for the recovery of rent or land revenue payable to him by an inferior holder.
The distances mentioned in this Act shall be measured in a straight line on a horizontal place.
(1) Any informality, clerical error, omission or other defects in any assessment made or in any distress levied or in any notice, bill, schedule, summons or other documents issued under this Act, or under any rule or bye-law made thereunder, may at any time as far as possible, be rectified.
(2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, notice, bill, schedule, summons or other document invalid or illegal, if the provisions of this Acts and of the rules and bye-laws made thereunder have in substance and effect been complied with; but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.
(1) No suit shall be instituted against the Corporation or against the Commissioner or a Deputy Commissioner or against any officer or servant, appointed under this Act, in respect of any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act
(a) until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the Chief Municipal Office and in the case of the Commissioner or of a Deputy Commissioner or of a Municipal Officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney or agent, if any, for the purpose of such suit; or
(b) unless it is commen
Notwithstanding the provisions of Section 50, 57, 61 and 62 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F1. (Act VII of 1317 F.)-
(i) the use of any land for any purpose to which it may lawfully be put under the provisions of this Act, shall not be prohibited;
(ii) it shall be sufficient for any occupant of land assessed or held for the purpose of agriculture to show to the satisfaction of the Collector that he has complied with all the requirements of this Act and of the rules, regulations and bye-laws to entitle such occupant to permission under Section 61 of the Land Revenue Act subject to the condition of the payment of altered assessment and fine, if any, for the use of his holding or part thereof for any purpose unconnected with agriculture.
The Hyderabad Municipal Corporations Act, 1950 (No.XXXVI of 1950), and the Hyderabad and Secunderabad Municipal Committees (Composition and Elections) Regulation, 1395 F. (XI of 1359 F.), and all enactments amending the same are hereby repealed, provided that
(a) any corporation constituted under the enactments so repealed (hereinafter referred to in this Act, and Councillors of the said corporation shall continue to hold office till the first meeting of the Corporation under clause (b) of Section 88 is held.
(b) any appointment, notification, notice, tax, order, delegation, instruction, direction, scheme, licence, permission, permit, certificate, rule, regulation, bye-law or form made, published, issued, imposed or granted or deemed to have been made, issued, given published, imposed or granted under the said enactments and still in fo
SCHEDULE-A
[ FORMS 1 to 6 ]
FORM 7
[See Section 35]
Whereas the.....................................ward of Municipal Corporation of the City of.................................has been called upon to elect a member [x x x] on or before....................
I............................... the Returning Officer of the said ward...................................do hereby given the following:-
Public Notice
[(i)x x x ]
(ii) Nomination papers may be delivered to the undersigned at his office at...............................or, if he is unavoidably prevented from receivin
[SCHEDULE C
[See Section 130]
Officers and servants of the Corporation belonging to Local Government Services:
1. Commissioner
2. Additional Commissioners
3. Deputy Commissioners
4. Chief Engineer
5. Superintending Engineers
6. Executive Engineers
7. Deputy Executive Engineer
8. Chief Medical Officer of Health
9. Medical Officer of Health
10. Civil Assistant Surgeons
&n
SCHEDULE D
[ See Section 157 ]
Form of Debeture
No for Rs..............................
By virtue of the Hyderabad Municipal Corporation Act 1955, we, the Municipal Corporation of the City of Hyderabad, in consideration of the sum of Rs........................paid to us by A.B. of..........................for the purposes of the said Act, promise to pay to the said A.B., his heirs, executors, administrators, and assigns, the said sum of....................together with interest at the rate of...............per centum per annum payable half-yearly on the..............................day of..............and.......day of ..............................
And, by way of security for said payment, we do hereby
Schedule SCHEDULE E
[ See Section 194]
Duties and Powers of the Municipal Examiner of Accounts
1. (1) The municipal examiner of accounts shall audit the accounts of the Corporation as hereinafter provided, with the assistance of the assistant auditor of clerks and servants appointed under this Act.
(2) In the discharge of his functions under this article the municipal examiner of accounts shall-
(i) audit the accounts of expenditure from the revenue of the Corporation, expenditure on account of loan works and expenditure incurred out of special funds and shall ascertain whether money shown therein as having been disbursed were legally available for, and applicable to, the service or purpose to which
Schedule SCHEDULE F
FORM 1
[ See Section 208 ]
Form of Notice of Transfer to be given when the Transfer has been effected by Instrument
To the Municipal Commissioner for the City of..............
I. A.B., hereby give notice, as required by Section..........of the Hyderabad Municipal Corporation Act, 1955, of the following transfer of property:-
Date of Notice
Date of Instrument
Name of vendor or Assignor
Name of Purchaser or Assignee
Amount of consideration
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SCHEDULE G
(See Section 239)
--------------------------------------------------------------------------------
Type of Vehicle
Maximum
Annual Tax
--------------------------------------------------------------------------------
(1)
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SCHEDULE H
[ See Section 252 ]
Articles liable to Payment of Octoroi
--------------------------------------------------------------------------------
Articles
Maximum Rates of octroi leviable
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Grain of all sorts
2 annas per maund
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SCHEDULE-J
[See Section 258]
Where the payment for admission excluding the amount of entertainment tax:
(i) does not exceed three rupees
Not less that twelve and half per cent and
not more than twenty per cent on payments
for admission
(ii) exceeds three rupees but does not exceed
seven rupees.
Not less than twenty one per cent and not
more than twenty four per cent on payment
Schedule - SCHEDULE K
[ See Section 268 ]
From of Notice of Demand
To
AB...............................................
residing at..........................................
Take notice that the Municipal Commissioner for the City of....................demands from (you) the sum of........due from (you) on account of (here describe the premises, vehicle or animal or account of which the tax is leviable) or the half-year (or quarter) commencing (or ending on) the..................day of....................19; and that if the said sum is not paid into the municipal office at.............or if sufficient cause for non-payment of the sum is not shown to the sa
Schedule - SCHEDULE-L
[ See Section 269 ]
Form of Distress Warrant
To (here insert the name of the officer charged with the execution of the Warrant).
Whereas A.B. of ......................... has not paid, or shown sufficient cause, to my satisfaction, for the non-payment of the sum of .................. due for the tax mentioned in the margin for the half-year (or quarter) commencing(or terminating) on the ....................................... day of ...................... 19, although the said sum has been duly demanded in writing from the said AB, and fifteen days have elapsed since the service of the notice of demand;
This is to command you to distrain the good and chattels of the said A.B. (or
Schedule - SCHEDULE M
[ See Section 271 ]
Form of Inventory and Notice
To
A.B.............................................
residing at....................................................
Take notice that I have this day seized the goods and chattels specified in the inventory beneath this, for the sum of................................due for the tax mentioned in the margin for the half-year (or quarter) commencing (or terminating) on the .......................................................day of...........................................19......................; and that unless you pay into the municipal office at.......................the amount due,
Schedule - SCHEDULE N
[ See Section 273 ]
Tables of fees payable in Distraints
--------------------------------------------------------------------------------
Sum distrained for
Fees
--------------------------------------------------------------------------------
Rs. a. p.
Under 5 Rupees
Schedule -
SCHEDULE O
[ See Section 339, Sub-Section (3) ]
Draiange Completion Certificate
I do hereby certify that the following work (insert full particulars of the work) .......................has been completed to my satisfaction; that the workmanship and the whole of the materials used are good; and that no provision of the Act or the bye-laws, and no requisition made, condition prescribed or order issued threunder, has been transgressed in the course of the work.
(signed)
Dated.............
SCHEDULE P
PART 1
Articles which shall not be kept without a licence in or upon any premises
[ See Section 521 ].
Blood
Gun-cotton
Dynamite
Nitro-glycerine
Blasting power
Phosphorus
Fulminate of mercury
Schedule - SCHEDULE Q
(See Section 575)
Particulars to be specified in the Register of Births
Serial Number
Date of birth
Ward
Ward No. of house (i.e. distinguishing number under
clause (a) of Section 214).
Street or Wadi No. of house in stree
Schedule - SCHEDULE R
[ See Section 575 ]
Particulars to be specified in the Register of Deaths
Serial Number
Date of Birth
Ward
Sub-division
Abode
Ward No. of house (i.e., its distinguishing
No.
Schedule - SCHEDULE S
[See Section 581]
Certificate of Cause of Death
I do hereby certify that I attended the deceased........during his last illness, and that the cause of his death was, to the best of my belief (here state particulars).
(Signed)
Medical Desigination or Diploma
Dated:
Schedule - SCHEDULE T
[ See Section 584 ]
Form certifying Name given Baptism
I.......................of...........do hereby certify that on the...................19...........,I baptized by the name of...........a male child produced to me by....................as the ...............of ..........and declared by the said.....to have been born at...........on the ..............19.....
(Signed by officiating Minister)
Dated:
Form certifying Name given not in Baptism
I ....................... do hereby certify that the.........male child, born on the ..............19..........., at..... .to....and his wife, and regis
SCHEDULE U
[ See Section 596 ]
--------------------------------------------------------------------------------
Section,
Sub-Section or
Clause
Subject
Fine which may be
imposed
--------------------------------------------------------------------------------
(1)
SCHEDULE V
[ See Section 597 ]
--------------------------------------------------------------------------------
Section, Sub-section
or Clause
Subject
Daily fine which may be
imposed
--------------------------------------------------------------------------------
(1)
(2)
(1) This Act may be called the Hyderabad Municipal Corporations Act, 1955.
(2) It extends to the cities of Hyderabad and Secunderabad and shall come into force at once.
In this Act unless there is anything repugnant in the subject or context,-
(1) Bakery or bake-house means any place in which bread, biscuits, or confectionery are baked, cooked or prepared in any manner whatsoever for the purpose of sale;
(2) budget grant means the total sum entered on the expenditure side of a budget estimate under a major head and finally adopted by the Corporation;
(3) building includes a house, out-house, stable, latrine, godown, shed, hut, wall, fencing, platform and any other structure whether of masonry, bricks, wood, mud, metal or of any other material whatsoever;
(4) business includes any trade, commerce or manufacture, or an adventure or any concern in the nature of trade, commerce or manufacture;
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(1) The areas included immediately before the commencement of this Act, in the Corporations of Hyderabad and Secunderabad shall respectively constitute the City of Hyderabad and the City of Secunderabad for the purposes of this Act:
Provided that nothing in this sub-section shall prevent the Government from establishing, with a view to secure efficiency and economy in the Municipal Administration, a single Corporation for Greater Hyderabad inclusive of the areas of two Cities aforesaid and the areas contiguous thereto on such terms and conditions as may be specified in a notification published in the Official Gazette in this behalf
(2) Government may, from time to time, after consultation with the Corporation, by notification in the Andhra Pradesh Gazette alter the limits of a City constituted under sub-section (1) so as to include ther
The Municipal authorities charged with carrying out the provisions of this Act are:-
(a) a Corporation;
(b) a Standing Committee ;
(c) a Commissioner;
(d) the Wards Committee;
(1) Subject to the provisions of Sub-section (2) the Corporation shall consist of
(a) in the City of Hyderabad sixty-six Members;
(b) in the City of Secunderabad twenty-eight Members;
(c) in the case of establishment of a single Corporation under the proviso to sub-section(1) of Section 3, such number of Members as may be fixed by the Government, by notification in the Andhra Pradesh Gazette, from time to time, so however that the total number of Members of Members of the Corporation shall not exceed one hundred at any time.
(1A) Every Member of the Legislative Assembly of the State and every Member of the House of the People representing a ward of which the Corporation or a portion thereof forms part and every member of the council of state regist
The term of office of elected members shall, save as otherwise expressly provided in this Act, be five years from the date appointed for the first meeting of the Corporation under clause (b) of Section 88 and the last day of their term of office is in this Act referred to as the day for retirement;
(3) An ex-officio Member shall hold office so long as he continues to be the member of the Legislative Assembly of the State or the Legislative Council of the State or the House of the People, as the case may be.
(1) Every general election requisite for the purpose of this Act shall be held ................. in the manner prescribed, within three months before the day for retirement of the members as specified in Section 6.
(2) A casual vacancy in the office of a Ward Member shall be filled at a casual election which shall be fixed by the Election Authority to take place twice in a year, one in the month of April and another in the month of October; and every Member so elected shall enter upon office forthwith but shall hold office only so long as a Member in whose place he is elected would have been entitled to hold the office if the vacancy has not occurred:
Provided that no casual election shall be held to fill a vacancy occurring within three months before the date on which the term of office of the Ward Members expires by efflux of time and
(1) For the purpose of election of Members to the Corporation, the Government shall, by notification in the Andhra Pradesh Gazette, divide the city into single member wards on the basis of population x x x so, however, that the city of Secunderabad shall be divided into not less than twenty such wards.
Provided that the wards notified under this sub-section shall until they are altered, continue to be in force.
(2) Each ward shall return only one member.
(3) Where a notification issued under Sub-section (1) results in the material alteration of the existing division of the city into wards, the Government may direct that the alteration shall take effect from the date of next ordinary elections.
(4) Where any local area within the jurisdiction of any
(1) There shall be constituted by the Government, by order, such number of Wards Committees to the Corpo- ration as may be determined by them, so however, that each Wards Committee shall consist of not less than ten Wards:
Provided that in constituting Wards Committee the Government shall maintain geographical contiguity as far as possible.
(2) Each Wards Committee shall consist of the Members elected from the wards for which the Wards Committee is constituted;
Provided that such officers of the Corporation as the Commissioner may specify shall attend the meetings of the Wards Committee and shall have the right to speak in and otherwise to participate in the meetings of the Wards Committee, but shall not have the right to vote.
(3) The Chairperson
The preparation of electroral rolls for, and the conduct of elections to Corporation shall be under the superintendence, direction and control of the State Election Commission.
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(1)The xxx electoral roll for the Corporation shall be prepared by the person authorised by the State Election Commissioner in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Corporation shall come into force immediately upon its publication in accordance with the rules made by the Government in this behalf. The draft of the electoral roll for the Corporation shall consist of such part of the electoral roll for the Assembly Ward published under the Representation on the People Act, 1950 as revised or amended under the said Act, upto the qualifying date, as relates to the cities of Hyderabad and Secunderabad or any portion thereof.
Provided that any amendment, transposition or deletion, of any entries in the electoral roll of the Assembly Constituencies concerned, made by the Electoral Registration Officer under Section 22 or Sec
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(1) If any officer or other person required by or under this Act to be perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such officer or other person for damages is respect of any such act or omission as aforesaid.
(3) No Court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the electoral authority.
(1) Three complete copies of the preliminary list for each ward and all statements submitted to the Commissioner shall be kept in the office of the Commissioner or at such other place as the State Election Commissioner may by order specify for a period of one year unless their retention for a longer period is ordered by the Government.
(2) All claims and objections to any preliminary list and, the decisions of the Revising Authority thereon shall be kept in the Office of the Commissioner or at such other place as the State Election Commissioner may by order specify until the completion of the next annual preparation of the list for such ward.
(3) Such number of copies of the final list for each ward as may be specified by the State Election Commissioner shall be kept in the office of the Commissioner or at such other place as the State E
The following shall be deemed to be corrupt practices in connection with elections held under this Act.
(1) Bribery, that is to say any gift, offer or promise by a candidate or his agent, or by any other person with the connivance of a candidate or his agent, or any gratification to any person whomsoever with the object, directly or indirectly of inducing-
(a) a person to stand or not to stand as, or to withdraw from being a candidate at an election ; or
(b) a voter to vote or refrain from voting at an election, or as a reward to
(i) a person for having so stood or for having withdrawn his candidature; or
(ii) a voter for having voted or refrained from voting.
&nb
The following shall also be deemed to be corrupt practices in connection with elections held under this Act:-
(1) Any act specified in clauses (1) to (8) of Section 17, when done by person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent.
(2) The application by a person at an election for ballot paper in the name of any other person, whether living or dead, or in fictitious name, or for a ballot paper in his own name when, by reason of the fact that he has already voted in the same or some other ward he is not entitled to vote.
(3) The receipt of, or agreement to receive, any gratification whether as a motive or a reward
(a) by a person for standing or not standing as, or withdrawing from being
The following shall be deemed to be illegal practices for the purposes of this Act:-
(1) The incurring or authorisation by any person other than a candidate or his agent of expenses on account of holding any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever, for the purpose of promoting or procuring the election of the candidate, unless he is authorised in writing so to do by the candidate.
Explanation:- Any such expenses as aforesaid incurred or authorised by any institution or organisation for the furtherance of the prospects of the election of a candidate supported by such institution or organisation shall not be deemed to be expenses incurred or authorised within the meaning of this clause.
(2) The hiring, using or letting, for the purpose
(1) Any person who has been convicted under S.171E OF THE INDIAN PENAL CODE, 1860 or S.171F OF THE INDIAN PENAL CODE, 1860 of the Indian Penal Code, 1860 shall for five years from the date of such conviction be disqualified from voting at any election of the Corporation.
(2) Any person who has been found guilty of any corrupt or illegal practice in election held under this Act, or any other law for the time being in force, shall be disqualified from voting at any election of the Corporation for a period of six or four years respectively from the date on which the person is found so guilty.
(3) If default is made in making the return of the election expenses of any candidate who has contested the election held under this Act or if such return is found either upon the trial of an election petition or by any Court in a judicial proceeding,
(1) Subject to the provisions of this Act a person who is registered in any ward list, and who is not less than twenty one years of age, shall be qualified to be elected as a Member for any of the wards in the city.
(2) Any person who ceases to be Member shall if qualified, under Sub-section (1) and not otherwise disqualified be eligible for re-election as such.
A person shall be disqualified for being chosen as, or for being a Member of a Corporation if he is otherwise disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.
A person having more than two children shall be disqualified for election or for continuing as Member ;
Provided that the birth within one year from the date of commencement of the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 (hereinafter in this Section referred to as the date of such commencement) of an additional child shall not be taken into consideration for the purposes of this Section :
Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this Section for so long as the number of children he had on the date of such commencement does not increase ;
Provided also that the Government may direct that the disqualification in this Section shall not apply
(1) Subject to the provisions of this Act, a person shall be disqualified for being elected as a Member if such person is at the date of election:-
(a) one who has been sentenced by any Court to imprisonment or for an offence involving moral turpitude x x x x, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted or altered to transportation or imprisonment :
Provided that, on the expiry of such sentence the disqualification incurred under this clause shall cease ;
(b) is of unsound mind and stands so declared by a competent Court, a deafmute or a leper ;
(c) holds any office or place of profit under Government or under the Corporation or under any local authority :
&
(1) A Member shall cease to be a Member if he
(a) is or becomes subject to any of the disqualifications specified in Section 22 ;
(b) ceases to reside in the City ;
(c) fails to pay arrears of any kind due by him, otherwise than in a fiduciary capacity, to the Corporation, within three months the date of service of a notice requiring payment thereof issued by the Commissioner, which it shall be his duty to issue and cause to be served at the earliest convenient date ;
(d) absents himself at more than three consecutive meetings of the Corporation unless leave so to absent himself, which shall not exceed months, has been granted by the Corporation or absents himself for over six consecutive months from meetings of the Corporation ;
&n
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(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a member has not qualified or has become disqualified under Section 21, Section 21A, Section 22 or Section 23 and the Commissioner has given intimation of such allegation to the member and such member disputes the correctness of the allegation so made or where any member himself entertains any doubt whether or not he has become disqualified under any of those Sections,:
(a) such member or any other member may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, and
(b) the Commissioner shall, either on the direction of the member with the approval of the Government if no such direction is given within a period of two months from the date of placi
For the purpose of holding elections under this Act the State Election Commissioner shall by one or more notifications published in the Andhra Pradesh Gazette, ....... call upon all the wards to elect members in accordance with the provisions of this Act and of rules and orders made thereunder, before such date or dates as may be specified in the said notification or notifications;
Provided that for the purpose of holding election under Sub-section (1) of Section 7 no such notification shall be issued at any time earlier than four months prior to the day for retirement of the Members.
For each ward there shall be a Returning Officer who shall be such officer as the Commissioner, may, with the approval of the State Election Commissioner, designate or nominate ;
Provided that nothing in this Section shall prevent the Commissioner from designating or nominating the same officer to be Returning Officer for more than one ward.
Such officer as the Commissioner may, with the approval of the State Election Commissioner designate shall be the returning officer for election to office of Mayor of the Corporation.
(1) The Commissioner with the approval of State Election Commissioner may appoint one or more officers to assist any Returning Officer designated either under Section 25 or Section 25A in the performance of his functions.
(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer :
Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer, which relate to the to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said functions.
Reference in this Act to the Returning Officer shall, unless the context otherwise requires, be deemed to include an Assistant Returning Officer performing any function which he is authorised to perform under Sub-section (2) of Section 26.
It shall be the general duty of the Returning Officer at any election held under this Act to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made thereunder.
The Returning Officer for each ward shall, with the previous approval of the Commissioner, provide a sufficient number of polling stations for such ward, and shall publish in such manner as the Commissioner may, direct, a list showing the polling stations so provided and the polling areas for which they have respectively been provided.
(1) The Returning Officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election;
Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the Returning Officer, accordingly.
(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or a
It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.
It shall be the duty of the polling officer at a polling station to assist the presiding officer for such station in the performance of his functions.
As soon as the notification calling upon a ward to elect a Member or Members is issued under this Act, the State Election Commissioner shall, by notification in the Andhra Pradesh Gazette, appoint
(a) the last date for making nominations, which shall be a date not later than the tenth day after the date of publication of the first mentioned notification not earlier than the fourth day after the date of publication of the notification under this Section;
(b) the last date for the scrutiny of nominations, which shall be a date not later than the third day after the date for making nomination;
(c) the last date for the withdrawal of candidatures, which shall be not earlier than the third day after the date for the scrutiny of nominations ; and
(d) the
The State Election Commissioner shall, as soon as may be, after the issue of notification under Section 33, by notification in the Andhra Pradesh Gazette, specify the symbols including the symbols reserved for a recognised political party for exclusive allotment to contesting candidates set up by that party, that may be chosen by the candidates contesting at an election to the office of a member or the Mayor and restrictions to which their choice shall be subject.
Explanation :- In this Section, the term "recognised political party" shall have the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order 1968, issued under Article 324 of the Constitution of India.
On the issue of a notification under Section 33 the Returning Officer for the ward shall give public notice of the intended election in Form 7 of Schedule A inviting nominations of candidates for such elections and specifying the place at which the nomination papers are to be delivered. The aforesaid notice shall subject to any general or special directions issued in that behalf by State Election Commissioner be published in such manner, in such language or languages and in such places as the Returning Officer thinks fit.
(1) On or before the date appointed under clause (a) of Section 33 each candidate shall, either in person or by his proposer between the hours of eleven O clock in the afternoon and three O clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under Section 34 a nomination paper in Form 8 of Schedule A and subscribed by the candidate himself as assenting to the nomination and by the person referred to in Sub-section (2) as proposer.
(2) Any person whose name is registered in the ward list and who is not subject to any disqualification mentioned in Section 10 may subscribe as proposer to as many nomination papers as there are vacancies to be filled but not more ;
Provided that if the name of a person is entered more than once in the ward list or is included in two or more ward
(1) A candidate shall not be deemed to be duly nominated unless he deposits or causes to be deposited a sum of rupees five hundred in the case of the office of Mayor and rupees two hundred in the case of the office of the member,
(a) Where the candidate is a member of any of the Scheduled Castes or Scheduled Tribes the amount to be deposited by him or on his behalf shall be rupees two hundred and fifty only in the case of the office of Mayor and rupees hundred only in the case of office of the member.
(b) Where a candidate has been nominated by more than one nomination paper for election in the same ward not more than one deposit shall be required of him under this sub-section;
(2) Any sum required to be deposited under Sub-section (1) shall not be deemed to have been deposited under that Sub
The Returning Officer shall, on receiving the nomination paper under Sub-section (1) of Section 36, inform the person delivering the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on, and the hour at, which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the person who has subscribed to the nomination paper as proposer.
(1) On the date fixed for the scrutiny of nominations under Section 33, the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the Returning Officer may appoint, and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in Section 36.
(2) The Returning Officer shall then examine the nomination paper and shall decide all objections which may be made to any nomination, and may, either on such objections or on his own motion, after summary inquiry, if any, as the thinks necessary, reject any nomination on any of the following grounds:-
(a) that the candidate is not quali
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as are contained in Form 9 of Schedule A and shall be subscribed by him and delivered before three O clock in the afternoon on the day fixed under Clause (c) of Section 33 to the Returning Officer either by such candidate in person or by his proposer or election agent who has been authorised in this behalf in writing by such candidate :
Provided that if that day is a public holiday or has been notified by the Government as a day to be observed as a holiday in Government Offices in the State, the notice of withdrawal of candidature shall be considered as having been delivered in due time if it is delivered before three O clock in the afternoon on the next succeeding day which is neither such a public holiday nor a day so notified.
(
(1) Immediately after the expiry of the period within which candidatures may be withdrawn, the Returning Officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the final list of validy nominated candidates and who have not withdrawn their candidature within the said period.
(2) The said list shall contain the names in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed.
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(1) Every person nominated as a candidate at an election may in such manner as may be prescribed appoint in writing some other person to be his election agent.
(2) When a candidate appoints some person to be his election agent he shall obtain in writing the acceptance by such person of the office of such election agent.
No person shall be appointed as an election agent who is disqualified from being a member under Section 22.
(1) Any revocation of the appointment of an election agent, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer.
(2) In the event of such a revocation or the death of an election agent whether that event occurs before or during the election or after the election but before the return of candidates election expenses has been lodged in accordance with the provisions of Section 68, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.
Every election agent shall perform such functions in connection with each election for which he is appointed election agent as are required to be performed by or under this Act by such agent.
A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents of such candidate at each polling station at the place fixed and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.
A contesting candidate or his election agent may appoint in the prescribed manner one agent and no more to be present as his counting agent at the counting of votes, and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of polling agent before the close of the polling, the candidate or his election agent may appoint another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to Returning Officer.
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed mann
(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or order this Act to be performed by a counting agent.
(1) At every election where a poll is taken, each candidate at such election and his election agent shall have a right to be present at any polling station provided under Section 29 for the taking of the poll.
(2) A candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such candidate, if appointed, would have been authorised by or under this Act, to do, or may assist any polling agent or the counting agent of such candidate in doing any such act or thing.
When any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non- attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
If a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Commissioner and the State Election Commissioner and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election ;
Provided that no further nomination shall be necessary in the case of a candidate whose monimation was valid at the time of the countermanding of the poll :
Provided further that no person who has under Sub-section (1) of Section 40 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such counter
(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.
(2) If the number of such candidates is equal to the number of seats to be filled, the Returning Officer shall forthwith declare all such candidates to be duly elected to fill those seats.
(3) If the number of such candidates is less than the number of seats to be filled, the Returning Officer shall forthwith declare all such candidates to be duly elected to fill those seats and the Commissioner shall, by notification in the Andhra Pradesh Gazette call upon the ward to elect a person to fill the seat before such date as may be appointed in this behalf by the State Election Commissioner and specified in the notification.
(4) If the number of contesting candidates qualified to be chos
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For the removal of doubts it is hereby clarified that nothing in this Act shall be deemed to prevent members of the Scheduled Castes or the Scheduled Tribes or the Backward Classes or Women, for whom seats are reserved from standing for election to the non-reserved seats in the Corporation
The provisions of Section 5 and Section 8 relating to the reservation of office of member for the Schedule Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.
The State Election Commissioner shall fix the hours during which the poll shall be taken, and the hours so fixed shall be published in the A.P. Gazette and in such manner as the State Election Commissioner may direct:
Provided that the total period allotted on any one day for polling at election in a may ward shall not be less than eight hours.
(1) If at an election the proceedings at any polling station provided under Section 22 are interrupted or obstructed by any riot or open violence, of if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to notified later and where the poll is so adjourned by a presiding officer, he shall forthwith inform the Commissioner.
(2) Whenever a poll is adjourned under Sub-section (1) the Commissioner shall immediately report the circumstances to the State Election Commissioner and shall, as soon as may be, with the previous approval of the State Election Commissioner, appoint the day on which the poll shall recommence
(1) If at any election any ballot box is unlawfully taken out of the custody of the Returning Officer or of any Presiding Officer, or is in any way tampered with, or is either accidentally or intentionally destroyed or lost, the election to which such ballot box relates shall be void, but only in respect of the polling at the polling station or stations under Section 29 at which such ballot box was used and no further.
Provided that where a polling station has more than one polling booth and any such ballot box as aforesaid was used at one of such polling booths, the election to which such ballot box relates shall be void in respect of the polling at the polling booth at which such box was used and no further.
(2) Whether the polling at any polling station or at any polling booth shall become void under Sub-section (1), the Returning Of
At every such election where a poll is taken vote shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.
Notwithstanding anything, contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such ward or wards 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 used for giving 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 whose name is not, and except as expressly provided by this Act, every person whose name is, for the time being, entered in the ward list shall be entitled to vote in that ward.
(2) No person shall vote at a general election in more than one ward and if a person votes in more than one such ward his vote in all such wards shall be void.
(3) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in that ward list more than once, and if he does so vote, all his votes in that ward shall be void.
(4) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of police.
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At every election where a poll is taken, votes shall be counted by, or under the supervision of the Returning Officer, and each candidate, his election agent and his counting agent, shall have a right to be present at the time of counting.
If after the counting of the votes is completed, an equality of vote is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
When the counting of the votes has been completed, the Returning Officer shall forthwith declare the result of the election in the manner prescribed.
As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Commissioner and State Election Commissioner who shall cause to be published in the Andhra Pradesh Gazette the declarations containing the names of the elected candidates.
For the purpose of this Act, the date on which a candidate is declared to be duly elected by the Returning Officer under the provisions of Section 54 or Section 65, shall be the date of the election of that candidate.
(1) If a person is elected by more than one ward he shall, by notice in writing signed by him and delivered to the Commissioner within the prescribed time, choose any one of the wards which he shall serve and the choice shall be final.
(2) When any such choice has been made the ward or the wards other than the ward which such person has chosen to serve shall be called upon to elect another person or persons.
(3) If the candidate does not make the choice referred to in Sub-section (1), the election of such person shall be void an all the wards concerned shall be called upon to elect another person or persons.
(1) Within 45 days of the publication of the result of the election in the Andhra Pradesh Gazette under Section 66 there shall be lodged with the Returning Officer in respect of a candidate who has contested the election, a return of the election expenses signed by him and his election agent, if any appointed.
(2) Every such return shall be in such form and shall contain such particulars as may be prescribed, and shall be accompanied by declarations in Form 10 of Schedule A by the candidate and his election agent, if any, made on oath or solemn affirmation before a magistrate.
(3) Notwithstanding anything in this Section, where owing to absence from the city a candidate is unable to sign the return of election expenses and to make the required declaration, the return shall be signed and lodged by the election agent, if any, and shall be
The maximum scales of election expenses at elections and the accounts thereof and the numbers and descriptions of persons who may be employed for payment in connection with the elections shall be such as may be prescribed.
(1) Subject to the provisions of this Act, the Government may make rules, for the preparation of electoral roll for the Corporation, correction of entries and inclusion of names therein, appeals in relation thereto and conduct of elections.
(2) In particular and without prejudice to the generality of the foregoing power, the Government shall make rules in respect of the following matters.
(a) the appointment of polling stations for each ward;
(b) the appointment of polling officers and other persons to assist at the poll and for the remuneration of such polling officers and other persons for their services;
(c) the hours during which polling stations shall be open for the recording of votes;
(d) the prin
(1) If it appears to the Government that in connection with any election held under this Act:-
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle is needed or is likely to be needed for the purpose of transport of personnel or ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for performance of any duties in connection with such election, the Government may, by order in writing requisition such premises or such vehicle, as the case may be, and may make such further orders as may appear to them to be necessary or expedient, in connection with the requisitioning: <
(1) Whenever in pursuance of Section 70A, the Government requisition any premises, there shall be paid to the person interested compensation the amount of which shall be determined by taking into consideration the following namely:
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any incidental to such change:
Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the Government for referring the matter to an arbitrator, the amount of compensation
The Government may, with a view to requisitioning any property under Section 70A or determine the compensation payable under Section 70B, by order, require any person to furnish to such authority as may be specified in the order, such information in his possession relating to such property as may be specified.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 70A may be summarily evicted from the premises by any officer empowered by the Government in this behalf.
(2) Any officer so empowered may, after giving to any women not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
If any person contravenes any order made under Section 70A or Section 70C, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
The Government may, by notification in the Andhra Pradesh Gazette, or subject to such restrictions and conditions as may be specified therein, delegate to any officer, or any authority all or any of the powers vested in them by Section 70A to Section 70D (both inclusive), and may, in like manner, withdraw any powers so delegated.
(1) Notwithstanding anything contained in this Act, where in the opinion of the Government it is not possible to hold the elections to the Corporation in accordance with the provisions of this Act, before the date of expiration of the term, and to bring the newly elected Councillors into office on the date of expiration of the term as aforesaid, .......... the Government may, by notification appoint a Special Officer to exercise the powers, perform the duties and discharge the functions of,---
(a) the Corporation,
(b) the Standing Committee, and
(c) the Commissioner, under the Act, for a period which shall not exceed three and half years from the date of such appointment.
Provided that the State Government may, from time to time, by notification in
(1) x x x x No election held under this Act shall be called in question except by an election petition which shall be presented in such manner as may be prescribed.
(2) An Election petition calling in question any election may be presented on one or more of the grounds specified in clauses (i) and (ii) of Section 79 and Section 80 to the Election Tribunal by any candidate at such election or any voter, within two months from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidate at the election and the dates of the election are different is the latter of those two dates.
A petitioner shall join as respondents to his petition:-
(a) where the petitioner claims a declaration under clause (b) of Section 74, all the contesting candidates other than the petitioner and in any other case all the returned candidates; and
(b) any other candidates against whom allegations of any corrupt or illegal practice are made in the petition.
(1) An election petition:-
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of each such practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
A Petitioner may claim any one of the following declarations:-
(a) that the election of the returned candidate is void
(b) that the election of the returned candidate is void and that himself or any other candidate has been duly elected;
(c) that the election as a whole is void.
The Government shall appoint any person who is or has been or is eligible to be appointed as Judge of the High Court as an Election Tribunal ( hereinafter referred to as the Tribunal) for trial of petitions in respect of an election under this Act. This Tribunal shall deal with such petitions and proceedings in connection therewith in the prescribed manner.
The Tribunal shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908( Central Act 5 of 1908) when trying a suit, in respect of the following matters:
(a) discovery and inspection;
(b) enforcing the attendance of witnesses, and requiring the deposits of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit and;
(g) issuing commissions for the examination of witnesses and may summon and examine suo motu any person whose evidence appears to it to be material; and shall be deem
At the conclusion of the trial of an election petition, the Tribunal shall make an order
(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to be void; or
(c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected; or
(d) declaring the election to be wholly void.
(1) At the time of making an order under Section 77, the Tribunal shall also make an order-
(a) where any charge is made in the petition of any corrupt or illegal practice having been committed at the election, recording
(i) a finding whether any corrupt or illegal practice has or has not been proved to have been committed by or with the connivance of any candidate or his agent at the election, and the nature of that corrupt or illegal practice; and
(ii) the name of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice and the nature of that practice, together with any such recommendations as the Tribunal may think proper to make for the exemption of any person from any disqualification which he may have incurred in this connection unde
(1) If the Tribunal is of opinion that the election has not been a free election by reason that bribery, undue influence or group intimidation has extensively prevailed at the election, the Tribunal shall declare the election as a whole to be void; x x x x
Explanation:- In this section:-
(a) the expressions bribery and undue influence have the meanings given to them in Section 17; and
(b) the expression group intimidation means any interference or attempt to interference by a community, group or section with the free exercise by another community, group or section of the right to vote or refrain from voting by intimidation, coercion, social or economic boycott, threat of such boycott or other similar means.
(2) Subject to the provisions of sub-sec
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claims a declaration that he himself or any other candidate has been duly elected and the Tribunal is of 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 by corrupt or
illegal practices, the petitioner or such other candidate would have obtained a majority of the valid votes; the Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.
If during the trial of an election petition it appears 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-
(a) any decision made by the Returning Officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purpose of the petition; and
(b) in so far as that question is not determined by such a decision, the Tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
The Tribunal shall send a copy of its orders made under Section 77 or Section 78, unless an appeal is preferred therefrom, in which case, a copy of the order of the High Court, along with the records of the case, to the Commissioner.
An appeal from an order passed by the Tribunal under Section 77 and Section 78 shall lie to the High Court and shall be heard by a bench consisting of not less than two judges:
Provided that no such appeal shall be heard by the High Court unless it is filed within thirty days from the date of the order of the Tribunal.
Every order of the Tribunal made under this Act and unless an appeal is preferred therefrom to the High Court under Section 83 shall be final and conclusive.
An order of the Tribunal under Section 77 or Section 78 shall take effect immediately after the expiry of the period of appeal unless an appeal is preferred therefrom, in which case the order of the High Court shall take effect as soon as it is pronounced.
(1) Whenever it is alleged that any person who has been elected as a Member is disqualified under Section 20, sub-section(1) of Section 21 or Section 23 and such person does not admit the allegation, or whenever any member is himself in doubt whether or not he has become disqualified for office under Section 20 or sub-section(1) of Section 21 or Section 23, such Member or any other Member may,and the Commissioner shall, in accordance with the directions of the Corporation, apply to the Tribunal for a decision.
(2) The Tribunal after making such inquiry as it deems necessary, shall determine whether or not such person is disqualified under Section 20, sub-section (1) of Section 21 or Section 23 and its decision shall be final.
(3) Pending such decision, the Member shall be entitled to act as if he were not disqualified.
(1) If at a general election or bye-election no Member is elected, a fresh election shall be held on such date as the State Election Commissioner may fix in this behalf.
(2) The term of office of a Member elected under sub-section (1) shall expire at the time at which it would have expired if he had been elected at the general election or bye-election, as the case may be.
The Corporation shall meet for the despatch of business and shall from time to time, make such bye-laws with respect to the summoning, notice, place, management and adjournment of such meetings, and generally with respect to the mode of transacting and managing the business of the Corporation including the submission, asking and answering of questions under Section 122 as they think fit, subject to the following conditions:-
(a) the ordinary meeting in the month immediately preceeding the month in which the first meeting referred to in clause (b) is held not later than the twentieth day of the month so preceding:
(b) the first meting after general elections shall be held within a month of the publication of the declarations under Section 66 on such day and at such time and place as the Commissioner may fix;
(1) The presiding authority shall preserve order and may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting of the Corporation. Any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the days meeting. If any member is ordered to withdraw a second time within 15 days, the presiding authority may suspend the member from attending the meetings of the Corporation and of any committee for any period not exceeding 15 days and the member so directed shall absent himself accordingly;
Provided that the presiding authority may remit the period of suspension on apology being made to his satisfaction by the member under suspension.
(2) The presiding authority may, in the case of grave disorder arising in the meeting suspend the meeting for a
(1)
(a) The Mayor of the Corporation shall be elected by the persons whose names appear in the electoral roll for the Corporation from among themselves, in the manner prescribed;
(b) If at any election held under this sub-section no Mayor is elected a fresh election shall be held:
Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected as Mayor, he shall cease to hold the said office of Mayor unless, within fifteen days from the date of election to the said office, he ceases to be a Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, and if a Mayor subsequently becomes a Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, he shall cease to h
(1) The Members of the Corporation shall elect one of its elected Members to be its Deputy Mayor at the first meeting of the Corporation after the ordinary elections in the manner prescribed.
(2) The ex-officio Members shall be entitled to participate in the meeting convened for the election of the Deputy Mayor.
(3) If at any election held under sub-section (1) no Deputy Mayor is elected a fresh election shall be held for electing Deputy Mayor.
(4) The Deputy Mayor shall be deemed to have assumed office on his being declared as such and shall hold office for a period of five years from the date he assumes office.
(5) Any casual vacancy in the office of the Deputy Mayor shall be filled at a casual election and a person elected as Deputy Mayor in any
(1) When the office of the Mayor is vacant his functions shall devolve on the Deputy Mayor until a new Mayor is elected.
(2) If the Mayor leaves the City for more than fifteen days or is incapacitated, his functions shall devolve on the Deputy Mayor until the Mayor returns to the City or recovers from his incapacity as the case may be.
(1) The Mayor may resign his office by giving notice in writing to the Corporation; the Deputy Mayor may resign his office by giving notice in writing to the Mayor. Such resignation shall take effect in the case of Mayor from the date on which it is accepted by the Corporation and in the case of the Deputy Mayor, by the Mayor.
(2) Any Member may resign his office at any time by notice in writing to the Mayor and such resignation shall take effect from the date on which it is accepted by the Mayor.
(1) There shall be constituted for the Corporation a Standing Committee consisting of the Chairpersons of all the Wards Committees in the Corporation to exercise the powers and perform the functions entrusted to it under this Act.
(2) The Chairperson of the Standing Committee shall be elected by the members thereof from among themselves in the prescribed manner. He shall hold office for a period of one year from the date of election and shall be eligible for re-election.
(3) The Chairperson of the Standing Committee shall cease to hold office if he ceases to be a Member of the Standing Committee. Any casual vacancy in the office of the Chairperson shall be filled by election of another Chairperson from among the members of the Standing Committee, as soon as may be after the occurrence of the vacancy.
(1) The Standing Committee shall meet for the despatch of business in the Chief Office of the Municipal Corporation and may, from time to time, make such regulations with respect to such meetings and with respect to the scrutiny of the municipal accounts as they think fit, subject to the following conditions:-
(a) there shall be a meeting of the Standing Committee once a week, and at such other times as shall be found necessary;
(b) the first meeting of each Standing Committee shall be held on a day and at a time to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner; and every subsequent meeting of the Standing Committee shall be held on such day and at such time as the said Committee may from time to time determine;
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(1) The Corporation, may from time to time appoint, out of their own body, Special Committees and may by specific resolution carried by a vote of at least two-thirds of the members of the Corporation present at the meeting, delegate any of their powers and duties to such committees,and may also by a like resolution define the sphere of business of each Special Committee so appointed, and direct that all matters and questions included in any such sphere shall, in the first instance, be placed before the appropriate committee and shall be submitted to the Corporation with such committees recommendations.
Explanation:- For the removal of doubt, it is here by declared that the tem "Corporation" shall include the ex-officio members
(2) Every Special Committee shall conform to any instructions that may from time to time be given to them by th
(1) The Corporation may, from time to time, appoint from amongst the members such Ad-hoc Committees consisting of such number of members as it shall think fit, and may refer to such Committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as it shall think fit, and direct that the report of any such committees shall be submitted through the Standing Committee or a Special Committee constituted under Section 98.
(2) An Ad-hoc Committee appointed under sub-section (1) may, with the previous sanction of the Corporation co-opt not more than two persons who are not members but who in the opinion of the committee possess special qualifications for serving thereon.
(1) The Corporation, may from time to time, join with a local authority or with a combination of local authorities,-
(a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested and in appointing a Chairman of such Committee
(b) in delegating to any such committee power to frame terms binding on each such body as to the constitution and future maintenance of joint work and any power which might be exercised by such bodies; and
(c) in framing and modifying bye-laws for regulating the proceedings for any such committee in respect of the purpose for which the Committee is appointed.
(2) Where the Corporation has requested the concurrence of any other local authority under the provisions of sub
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