CHHATTISGARH MUNICIPAL CORPORATION ACT, 1956
This Act may be called the Chhattisgarh Municipal Corporation Act, 1956.
(2) It extends to the whole of Chhattisgarh.
2[(3) It shall apply to the larger urban areas with effect from the date on which they are notified as such under Section 7.]
2. Ins. by MP 18 of 1997 [21.4.1997].
On the application of this Act to any city, the municipality of that city shall, save as hereinafter provided, be deemed to have been withdrawn from the operation of the 3[Municipal Law].
3 Subs. by MP 13 of 1961.
4[Provided that on the application of this Act to any city under sub-section (3) of Section 1, the authority or any institution if performing the Municipal functions shall cease to perform such functions and all assets and liabilities of such authority or institution shall vest in the Municipal Corporation constituted under this Act].
4 Subs. by MP 18 of 1997 [21.4.1997].
(2) This withdrawal shall not revive any office, authority or thing abolished by the 5 [Municipal Law], or affect the validity of anything done or suffered, or any righ
On the application of this Act to any city under sub-section (3) of section 1-
(1) All debts and obligations incurred, all contracts entered into with, and all matters and things engaged to be done by, or for, the municipality of such city before this Act is made applicable shall be deemed to have been incurred, entered into with, or engaged to be done by, or for, the Corporation constituted under this Act.
(2) Every appointment, rule, bye-law, form, notification, notice, tax, scheme, order, licence or permission made, issued, imposed, sanctioned or given under the *[Municipal Law], shall, so far as it relates to the municipality of such city and so far as it is in force at the time of the application of, and is not inconsistent with, this Act, be deemed to have been made, issued, imposed, sanctioned or given under the provisions of th
The Government may, by notification, appoint a person to exercise, perform or discharge the powers, duties and functions, which are conferred or imposed by or under this Act on the Commissioner until that officer is appointed under section 54.
In this Act, unless there is anything repugnant in the subject or context,-
2[(1) "Administrator" means a person or committee of persons appointed by the Government under the Act to exercise the powers and perform the duties of the Corporation];
2 Subs. by MP 11 of 1966.
(2) "assessment list" means any municipal assessment register prescribed by section 151 and includes any register subsidiary thereto;
(3) "auditor" means an auditor appointed by the Government under section 129;
(4) "bakery" means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever for the purposes of profit or sale;
(5) "Brot
The Chhattisgarh Municipal Corporation Act, 1956, serves as a legislative framework for the governance and administration of municipal corporations in the state of Chhattisgarh. Section 5 of this Act is pivotal as it lays down essential definitions that guide the interpretation and application of various provisions within the Act.
Section 5 provides definitions for key terms used throughout the Act, including but not limited to the terms related to municipal governance, building regulations, and the roles of municipal officers. This section is crucial for ensuring clarity and consistency in the application of the law.
The scope of Section 5 extends to all aspects of municipal governance as defined within the Act. It serves as a foundational element that supports the legal framework for municipal operations, including construction regulations, property tax assessments, and the duties of municipal officers.
While Section 5 itself does not prescribe specific punishments, it sets the groundwork for understanding violations of the Act. Violations of definitions or the failure to comply with the regulations stemming from these definitions may lead to penalties as outlined in other sections of the Act.
The Municipal authorities charged with carrying out the provisions of this Act shall be-
(a) the Corporation;
(b) the Mayor-in-Counci1;
1[(c) the Mayor;
1 Subs. by M.P. 11 of 1999 w.e.f. 23-4-1999.
(d) the Commissioner].
There shall be constituted a Municipal Corporation for a larger urban area in accordance with the provisions of this Act:
Provided that a Corporation under this Section may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment or a group of such establishments in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.
2 Subs. by M.P. Act No. 16 of 1994 [30-5-94].
(2) In this Section a larger urban area means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the perce
The Corporation shall have power to acquire and hold property, both movable and immovable, within or without the limits of the city and, subject to the provisions of this Act and the rules 3[and byelaws] made there- under, to transfer any property held by itself and to contract and do all other things necessary for the purpose of this Act.
3 Ins. by MP 13 of 1961.
A Municipal Corporation shall consist of-
4 Subs. by M.P. Act No. 18 of 1997 [21.4.1997].
(a) a Mayor, that is Chairperson, elected by direct election from the Municipal area;
(b) Councillors elected by direct election from the wards;
(c) not more than six persons having special knowledge or experience in the Municipal administration, nominated by the State Government:
Provided that only a person residing within the Municipal area and being otherwise not ineligible for election as a Councillor, may be nominated;
(d) Members of the House of the People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly
The State Government shall from time to time, by notification in the official gazette, determine the number and extent of wards to be constituted in each municipal area:
Provided that the total number of wards shall not be more than seventy and not less than forty in any municipal area.
2 Subs. by M.P. Act No. 16 of 1994 [30-5-94).
(2) Only one Councillor shall be elected from each ward.
(3) The formation of the wards shall be made in such a way that the population of each of the wards shall, so for as practicable, be the same throughout the city and the area included in the ward is compact.
(4) As soon as the formation of wards of a municipal area is completed, the same shall be reported by the Stat
Out of the total number of wards determined under sub-section (1) of Section 10, such number of seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Municipal Corporation as bears, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Municipal Corporation as the population of the Scheduled Castes or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such wards shall be those in which the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, is most concentrated.
(2) As nearly as possible twenty five per cent of the total number of wards shall be reserved for other backward classes in such Municipal Corporations, where fifty per cent. or less seats are reserved for Scheduled Castes and Scheduled Tribes, and such seats shall be allotted by
Out of the total number of offices of Mayors of Corporations in the State, such number of offices of Mayors shall be reserved for Scheduled Castes and Scheduled Tribes, as shall bear the same proportion, as nearly as possible, as the population of each of these categories within the limits of all the Municipal Corporations in the State bears to the total population within such limits.
1 Ins.by MP 18 of 1997 [21.4.1997].
(2) As nearly as possible, twenty five percent of the total number of offices of Mayors shall be reserved for other Backward Classes.
(3) As nearly as possible one-third of the total number of offices of Mayors reserved under sub-sections (1) and (2) shall be reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes as the case may be. <
Subject to the qualifications of Section and 14 every person who-
1 Sub. by MP 11 of 1978).
(a) is not less eighteen years of age on the first day of January of the year in which the electoral roll for a ward is prepared or revised;
(b) is ordinarily resident in the ward within the meaning of section 20 of the Representation of the People Act, 1950 (No,43 of 1950), subject to modification that reference to "constituency" therein were a reference to "area comprised in the ward"; and
(c) is otherwise qualified to be registered in the Assembly roll relatable to the ward, shall be entitled to be registered in the electoral roll of that ward:
Provided that-
(i)
A person shall be disqualified for registration in the electoral roll if he-
2 Sub-sections (1) and (1-A), subs. for sub-section (1) by MP 11 of 1978.
(a) is not citizen of India; or
(b) is of unsound mind and stands so declared by a competent court; or
(c) is convicted of an offence under the Protection of Civil Rights Act, 1955 (No.22 of 1955), unless a period of five years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or
(d) is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election.
(1-A) Th
The superintendence, direction and control of the preparation of electoral rolls for and the conduct of 3[all elections of Councillors and Mayors] the Municipal Corporation shall be vested in the State Election Commission.
2 Subs. by MP 12 of 1995 [1.5.95].
3 Subs. by MP 18 of 1997 [21.4.1997].
(2) The State Government shall, in consultation with the State Election Commission, make rules for the preparation of electoral rolls and conduct of 4[all elections of Councillors and Mayors] Municipal Corporations].
4 Subs. by MP 18 of 1997 [21.4.1997).
Every candidate at an election of Mayor shall, either himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both days inclusive.
5 Ss.14-A to 14-C. ins. by MP 18 of 1997 [21.4.1997].
Explanation I.-Any expenditure incurred or authorised in connection with the election of a candidate by a political party or by any other
association or body of persons or by any individual other than the candidate or his election agent shall not be deemed to be expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purpose of this su
Every contesting candidate at an election of Mayor shall, within thirty days from the date of election of the returned candidate lodge with the officer notified by the State Election Commission an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 14-A.
If the State Election Commission is satisfied that a person-
(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and
(b) has no good reason or justification for a failure, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for being chosen as and for being a member of the Corporation, for a period not exceeding five years from that date of the Order.]
Every person registered as a voter in the Municipal Electoral Roll, for the time being in operation of a ward, and no person who is not so registered, shall be eligible to vote at any election of the Councillors or Mayor:
1 Subs. by MP 18 of 1997 [21.4.1997].
Provided that no person shall vote more than once in any election of the Councillors or any election of the Mayor, as the case may be].
Subject to the provisions of this Act, a person who is enrolled in the Municipal Electoral Roll as a voter, shall be qualified to be a candidate-
2 Subs. by MP 18 of 1997 [21.4.1997).
(a) for the election of Mayor, if he is not less than 25 years of age; and
(b) for the election of Councillor, if he is not less than 21 years of age.
(2) No person who is a candidate for anyone ward shall be a candidate for any other ward.
(3) Any person who ceases to be a Mayor or Councillor shall, if qualified under sub-section (1), be eligible for re-election as such.]
1[(4) if a person is elected for the Office of Mayor and
No person shall be a 2[Councillor or Mayor], who-
2 Subs. by MP 18 of 1997 [2 1.4. 1997].
3{(a) (i) has been convicted of any offence, punishable under section 153-A, or section 171-E or section 171-F, or sub- section (2) or sub-section (5) of section 505 of the Indian Penal Code, 1860 (No.45 of 1860) or under the Protection of Civil Rights Act, 1955 (No.22 of 1955) or under section 125 of the Representation of the People Act, 1951 (No. 43 of 1951) or sections 3 and 4 of the Dowry Prohibition Act, 1961 (No.28 of 1961) or section 10 or section 11 of the Chhattisgarh Local Authorities (Electoral Offences) Act, 1964 (No.13 of 1964) unless a further period of six years has elapsed since his release after undergoing the sentence;
3 Subs. by MP 7 of 1988.
&
If as a result of audit report, or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the Mayor, Deputy Mayor, Chairman or member of a Committee constituted under this Act or a Councillor has committed such acts of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the Corporation, the State Government may; notwithstanding the fact that he has ceased to hold such office, by an order in writing declare such person to be disqualified for further election 9[or nomination] 10[as a Councillor or a Mayor] for such period not exceeding five years as may be specified by the State Government in such order.
8 Ins. by MP 59 of 1976.
9 Subs. by MP 16 of 199
The Mayor and the elected Councillors of the Corporation shall within fifteen days from the date of notification of the election under section 22, in the prescribed manner, elect a speaker from the elected Councillors.
1 Subs by MP 18 of 1997 [21.4.1997]:
(2) The Speaker shall declare a panel of two elected Councillors every year to preside over the meetings of the Corporation during his absence in order of the name in the panel
(3) The meeting under sub-section (1) shall be called and presided over by the Collector.
(4) The term of the Speaker shall be coterminous with the term of the corporation.]
The 2Director Urban Planning and Development] may, at any time, remove any 3[elected] [x x x] 4councillor.-
2 Subs. by C.G. Act No.6 of 2003. w.e.f. 26-4-2003.
3 Subs. by MP 13 of 1961.
4 Omitted. by MP 18 of 1997.
(a) if his continuance as a councillor is not, in the opinion of the 5[Divisional Commissioner], desirable in the interests of the public or the Corporation; or
5 Subs. by MP 18 of 1997 [21.4.1997].
(b) if the Corporation has, by a resolution supported by at least two-thirds of the total number of councillors; recommend that a councillor is not fit to continue as a councillor on account of misconduct in the discharge of his duties or disgracefu
A person who ceases to be the Councillor shall automatically vacate all the offices in the Corporation which he holds by virtue of his being a Councillor.]
2 Ins. by MP 18 of 1997 [21.4.1997).
The State Government may, at any time, remove a Mayor or a Speaker or Chairman of any Committee, if his continuance as a Mayor or Speaker or Chairman of any Committee as the case may be, is not, in the opinion of the State Government, desirable in public interest or in the interest of the Corporation or if it is found that he is incapable of performing his duties or is working against the provisions of this Act or the rules made there under.
3 Ins. by MP 18 of 1997 [21.4.1997).
(2) The State Government may while ordering the removal under sub-section (1), also order that such Mayor or Speaker or Chairman of any Committee shall be disqualified to hold such office for the next term:
Provided that no such order under this section shall be passed unless a reasonable opportunity of being heard is
The Mayor may resign his office by tendering his resignation in writing to the State Government.
4 Ins. by MP 18 of 1997 [21.4.1997).
(2) On receipt of the resignation, under sub- section (1), the State Government shall;-
(i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
(ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.
(3) If it appears to the State Government that the Mayor having become liable for removal under section 5[19-B] has tendered his resignation to escape such removal, then notwithstanding anyth
(1) Every Municipal Corporation unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
1 Subs. by M.P. Act No.16 of 1994 (30-5-94).
2[Explanation:-The meeting held under sub-section (1) of Section 3[18] for the purpose of electing 4[the Speaker] shall be deemed to be the first meeting for the purpose of this sub. section.]
2 Ins. by MP 12 of 1995 [1.5.95).
3 Subs. for "23" by MP. 20 of 1998 [29-8-1998].
4 Subs. by MP 18 of 1997 [21.4.1997].
(2) An election to constitute a Municipal Corporation shall be completed,-
(a) before the expiry of its duration s
As soon as the office of a Mayor or the seat of an elected Councillor becomes vacant or is declared vacant, or the election of the Mayor or the Councillor, as the case may be, is declared void, the State Government shall forthwith inform the State Election Commissioner for filling up the vacancy and the person so elected shall hold office of Mayor or Councillor, as the case may be, only for the remaining period of the Corporation:
6 Subs. by M.P. Act No. 18 of 1997 [21-5-97).
Provided that if the reaming period of the Corporation is less than six months, such vacancy shall not be filled in.
(2) Until the vacancy in the office of mayor is filled in under sub-section (1), all the powers and duties of the Mayor shall be performed by such elected Councillor as the State Government may nominate i
Every election of 3[Mayor and Councillor] shall be notified by the State Election Commission in the official gazette.]
1 Subs. by M.P. Act No. 16 of 1994 [30-5-94].
2 Subs. by M.P. Act No. 18 of 1997 [21-4-97].
3 Subs. by M.P. Act No. 18 of 1997 [21-4-97].
The Speaker or any Councillor may resign his office by tendering his resignation in writing to the Mayor who shall forward the same to the Divisional Commissioner and if the Speaker or such Councillor, as the case may be, desires he may also send a copy of his resignation directly to the 5[Director Urban Planning and Development].
4 Subs. by M.P. Act No. 18 of 1997 [21-4-97].
5 Subs. by C.G. Act No.6 of 2003, w.e.f. 26-4-2003.
(2) On receipt of the resignation under sub- section (1), the 6[Director Urban Planning and Development] shall,-
6 Subs. by C.G. Act No.6 of 2003, w.e.f. 26-4-2003.
(i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the oc
A motion of no confidence may be moved against the Speaker by any elected Councillor at a meeting specially convened for the purpose under sub-section (2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total number of elected Councillors constituting the Corporation, the office of the Speaker, shall be deemed to have fallen vacant forthwith:
8 Ins. by MP 18 of 1997 [21.4.1997].
Provided that no such resolution shall lie against the Speaker within a period of-
(i) two years from the date on which the Speaker enters upon his office,
(ii) one year from the date on which the previous motion of no-
&n
Every Mayor of a Corporation shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of voters of the corporation area casting the vote in accordance with the procedure as may be prescribed:
2 Subs. by MP 11 of 1999 [23.4.1999].
Provided that no such process of recall shall be initiated unless a proposal is signed by not less than three fourth of the total number of the elected Councilors and presented to the 3[Director Urban Planning and Development] :
3 Subs. by C.G. Act No.6 of 2003. w.e.f. 26-4-2003.
Provided further that no such process shall be initiated -
(i) within a period of two years from the date on w
The Mayor shall,(a) have administrative control over the officers and servant of his office including the office of the Mayor-in-Council and Appeal Committee;
5 Subs. by MP 18 of 1997 (21.4.1997].
(b) exercise such powers and perform such functions as described in the Act or the Rules made thereunder.
(2) The Mayor or in his absence the Speaker in case of epidemic, natural or unforeseen calamity may direct the execution of stoppage of any work or any act, the immediate execution or stoppage of which is necessary for the purpose of this Act:
Provided that,-
(a) he shall not act under this sub-section in contravention of any order of the State Government or Corporation or Mayor-in-Council prohibiting t
The Mayor, Speaker and the Councillors shall be entitled to receive such remuneration or allowances or both, as the State Government may prescribe].
1 Subs. by MP 18 of 1997 [21.4.1997].
Within fifteen days from the expiration of each calendar quarter, the Commissioner shall-
(a) draw up a list of all councillors (which term for the purposes of this section shall include the Mayor and 2[Speaker)), who have failed to pay any tax due by them to the Corporation within six months from the date on which such tax became due;
2 Subs. by MP 18 of 1997 [21.4.1997].
(b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and
(c) submit a copy of the list to the Government.
(2) If on receipt of the notice referred to in sub-section (1) the Councillor fails to pay within three months, the arrears o
The Corporation shall meet at least once in every two months and every Committee shall meet at least once in every month for the transaction of its business].
1 Subs. by MP 18 of 1997 [21.4-1997]
2[x x x]
2 Omitted by MP 12 of 1995 [1.5.1995]
A meeting of the Corporation shall be either ordinary or special.
3[(2) The date of every meeting except the meeting referred to in Section 18 and 23-A, shall be fixed by the Speaker or in the event of his being incapable of acting by the Mayor:
3 Subs. by MP 18 of 1997 [21.4.1997].
Provided that if the date of the meeting is not fixed by the Speaker or the Mayor, as the case may be, the Municipal Commissioner shall fix the date of the meeting under intimation to the State Government].
(3) 4[Subject to the provisions of 5[Section 18 or 23-A or 24], notice of every meeting] specifying the time and place thereof and the business to be transacted thereat shall be dispatched to every Councillor and exhibited at the Municipal Office seven clear days b
The Speaker or in the event of his being incapable of acting by the Mayor, may, whenever he thinks fit, call a special meeting and shall be bound to do so within two weeks of the receipt of written requisition signed by the not less than one third of the total number of elected Councillors:
9 Subs. by MP 18 of 1997 [21.4.1997].
Provided that if on receipt of requisition the special meeting is not convened within the stipulated time by the Speaker or the Mayor, as the case may be, the Municipal Commissioner shall convene such meeting under intimation to the State Government).
Any meeting of the Corporation may, with the consent of a majority of the 1[elected] councillors present, be adjourned from time to time, to a later hour on the same day or to any other date; but no business other that that left over at the adjourned meeting shall be transacted at the next meeting.
1 Ins. by MP 16 of 1994 [30.5.94].
A notice of such adjournment posted in the Municipal Office on the day on which the meeting is adjourned shall be deemed sufficient notice of the next ensuing meeting.
The meeting of the Corporation shall ordinarily be open to the public:
Provided that the presiding authority may either suo motu or on the suggestion of any member exclude the public from a meeting temporarily or otherwise:
Provided further that the presiding authority may at any time cause any person who interrupts the proceedings to be removed.
At the meeting of the Corporation, except the meeting referred to in Section 18 and 23- A, the Speaker, if present shall preside.
2 Subs. by MP 18 of 1997 [21.4.1997].
(2) If the Speaker is absent from the meeting of the Corporation, one of the Councillors, in order of the names as exist in the Panel referred to in sub-section (2) of Section 23, shall preside.
(3) If the Councillors as aforesaid are also absent, the elected Councillors shall choose one of them to preside.
(4) In the case of equality of votes, the person presiding at the meeting shall have a casting vote].
The quorum for a meeting of the Corporation shall be one-third of the total number of councillors.
(2) If at any time in a meeting there is no quorum, the presiding authority shall adjourn it to such time or date as he thinks fit and announce the same at once; and the business set down for the meeting shall be brought forward at the subsequent meeting, whether at such meeting there is a quorum or not.
(3) No business other than the business fixed for the original meeting shall be transacted at such subsequent meeting.
(4) A notice of adjournment exhibited in the municipal office on the day on which the meeting is adjourned shall be sufficient notice of the subsequent meeting
No Councillor shall vote or take part in the discussion of any matter before a meeting in which he has directly or indirectly, by himself or his partner, any share or interest in any contract grant or employment with, by or on behalf of, the Corporation.
(2) If a Councillor has any pecuniary interest direct or indirect in any contract, or proposed contract or other matter, and is present at a meeting of the Corporation or standing committee at which the contract or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to the contract or other matter:
Provided that this section shall not apply to an interest in the contract or other matter which a Co
The presiding authority shall preserve order and may direct any councillor whose conduct in his opinion disorderly to withdraw immediately from the meeting of the Corporation and any councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the days meeting; and if he is ordered a second time within 15 days to withdraw, the presiding authority may suspend him for any period not exceeding 14 days and he shall absent himself from meeting accordingly:
Provided that the presiding authority may remit the suspension on receiving apology to his satisfaction from the councillor under suspension:
Provided also that the suspension shall not prevent any councillor from serving on any committee.
(2) The presiding authority may, in case of grave disorder ar
There shall be a Mayor-in-Council for every Corporation which shall be constituted by the Mayor from amongst the elected Councillors within seven days from the date of election of Speaker under Section 18.
(2) The Mayor-in-Council shall consist of the Mayor and ten members, in every corporation.
2 Subs. by MP. 20 of 1998 [29-8-1998].
(3) The members of the Mayor-in-Council shall hold office during the pleasure of the Mayor.
(4) Each corporation shall have such departments as may be prescribed and member of the Mayor-in-Council may be made incharge of such department as may deem fit by the Mayor.
(5) The Mayor shall be the ex-officio Chairman of the Mayor-in- Council and shall preside over the meetings
1[x x x]
1 Omitted by MP 18 of 1997 [21.4.1997]
1[x x x]
1 Omitted by MP 18 of 1997 [21.4.1997]
1[x x x]
1 Omitted by MP 18 of 1997 [21.4.1997]
1[x x x]
1 Omitted by MP 18 of 1997 [21.4.1997]
1[x x x]
1 Omitted by MP 18 of 1997 [21.4.1997]
1[x x x]
1 Omitted by MP 18 of 1997 [21.4.1997]
1[x x x]
1 Omitted by MP 18 of 1997 [21.4.1997]
The Mayor-in-Council may appoint one or more sub- committees from amongst its members, which shall consist of such number of members as it may fix and may refer to it any matter pending before it for enquiry and report or opinion.
2[x x x]
2 Heading omitted by MP 18 of 1997 [21.4.1997)
After the first meeting of the Corporation under Section 18, the Speaker shall constitute an Advisory Committee for every department of the Corporation from amongst the elected councillors other than the councillors included as member in the Mayor-in-Council under Section 37, to advise in the affairs of the department concerned.
3 Subs. by MP. 20 of 1998 [29-8-1998].
(2) Each Advisory Committee shall consist of nine members in case of a Municipal Corporation having sixty or more wards and seven members in case of Corporations having less than sixty wards.
(3) The member of the Mayor-in-Council incharge of the department shall convene the meeting of the Advisory Committee of the department concerned at least once in every two months and shall preside over such meeting. He may take into consi
The Mayor may refer to any Committee appointed under section 46 for enquiry and report or opinion any matter relating to that Committee.
(2) The Corporation may, by a specific resolution passed by the votes of not less than two-thirds of the total number of 4[elected Councillors], delegate any of its powers and functions to the concerned Committees mentioned in section 46.
4 Subs. by MP 12 of 1995 [.1.5.95].
(3) Any Committee mentioned in section 46 may appoint one or more sub-committees from amongst its members consisting of such members as it may decide, and may refer to it for enquiry and report or opinion any matter pending before it.
(4) Every Committee appointed under section 5[x x] 48 shall at it first meeting elect one of its 6[elected Co
The Corporation may also appoint from time to time and for such period as it may think fit, special committees, consisting of such number of Councillors, as it may think fit, and may refer to such Committees for inquiry and report or for opinion, any matter relating to the purpose of this Act.
There shall be constituted Ward Committees within the territorial area of a Municipal Corporation having a population of three lakhs or more.
1 Ins. by M.P. Act No. 16 of 1994 [30-5-94]
2[The Wards Committee shall be constituted within thirty days from the date of election of Speaker under sub-section (1) of section 18:]
2 Ins. by MP 18 of 1997 [21.4.1997].
3[Provided that the Corporation having a population of less than three lacs may also constitute wards Committees in its territorial area.]
3 Added by M.P. Act 12 of 2000, w.e.f.2-5-2000.
(2) The number of Ward Committees in a Corporation shall be equal to th
In every :Municipal area which is notified by the State Government in this behalf, the Mohalla Committees shall be constituted within three months from the date of notification.
1 Ins. by M.P. Act 12 of 2006. w.e.f.25-2000.
(2) The number of Mohalla Committees and the number of members shall be such as the State Government may by order prescribe from time to time.
(3) The elected Councillor of ward concerned shall be a member in all the Mohalla Committees within the territorial area of any Ward.
(4) The Corporation shall be competent to determine the territorial area of Mohalla Committees:
Provided that the areas included in the territorial area of any Mohalla Committee shall be contiguous.
The quorum for the meeting of the Mayor-in-Council or any other Committee appointed under section 46 or 48 shall be one-half of total of its members.
Except as otherwise provided by or under this Act all questions brought before any meeting held under this Act shall be decided by majority of the votes of the Mayor and elected councillors present and in the case of an equality of votes the presiding authority of the meeting shall have a second or casting vote:
2 Subs. by MP 18 of 1997 [21.4.1997].
Provided that in the case of equality of votes in the election of the Speaker, or the Chairman of any Committee, the presiding authority shall not exercise his casting vote, and the result shall be decided by lot]
The Corporation may remove any member of a Committee by a majority of atleast two thirds of the elected Councillors, on the recommendation of such Committee, and may elect a new member in its place, in accordance with the provisions of this Act].
3 Ins. by MP 18 of 1997 [21.4.1997].
No act or proceeding of the Corporation or of any Committee appointed under this Act, shall be questioned on account of any vacancy in the membership or any defect in the election or qualification of the Mayor, 4[Speaker], presiding authority, any councillor or member thereof, or any defect or irregularity in any such act or proceeding not affecting the merits of the case.
4 Subs. by MP 18 of 1997 [21.4.1997].
Until the contrary is proved-
(i) every meeting of the Corporation or any committee shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified, when the minutes of the meeting have been signed in accordance with the provisions of this Act; and
(ii) where the meeting is a meeting of any Committee, such Committee shall be deemed to have been duly constituted and to have had power to deal with the matter referred to in the minutes
Minutes recording the proceedings at every meeting of the Corporation and of any of its Committees and the names of the members present thereat 1[shall be entered in the Minute Book in Hindi, written in devnagri script] and confirmed at the same or the next ensuing meeting.
1 Subs. by MP 12 of 1995 [.1.5.95).
(2) A copy of the minutes of the proceeding of each meeting of the Corporation shall be forwarded to the Government within 15 days of the meeting.
(3) The Minute Books prescribed by this section shall be open at the Municipal Office at all reasonable times to the inspection of any Councillor without payment and to the inspection of any other person on payment of fees 2[prescribed by byelaws in this behalf.]
2 Subs. by section 3(2) of the M.P.
The Commissioner for the Corporation shall be appointed by the Government for a renewable period not exceeding five years.
(2) He shall be forthwith removed from office if at a meeting of the Corporation not less than three-fourths of the total number of 3[elected Councillors] vote in favour of a proposition in this behalf; and he may be removed by the Government at any time if it appears to the Government that he is incapable of performing the duties of his office or has been guilty of any misconduct or neglect which renders his removal expedient:
3 Subs. by MP 12 of 1995 [.1.5.95].
Provided that when the Commissioner holds a lien on any post under Government, he may be recalled at any time by the Government.
The Commissioner shall be the principal executive officer of the Corporation and all other officers and servants of the Corporation except the servants and officers of the Corporation office shall be subordinate to him. He shall have the right to speak at, and otherwise take part in any meeting of the Corporation or any Committee thereof, but shall not be entitled to vote or to move any proposition
The Commissioner shall receive such monthly salary and such monthly allowances as the Government may, from time to time, determine.
(2) 1[Subject to the provisions of sub-section (1), the condition of service] of a person appointed as a Commissioner, who holds a lien on a post under the Government during the tenure of his aforesaid appointment, shall be such as may be laid down by the Government and in any other case they shall be such as may be laid down by 2[byelaws] framed by the Corporation.
1 Subs by section 3(2) of the M.P. Act of 1961.
2 Subs. by section 3(2) of the M. P. Act 13 of 1961
The Government may with the previous consent of the Corporation grant leave of absence to the Commissioner.
(2) During any absence on leave of the Commissioner the Government shall appoint a person to act as the Commissioner.
(3) Every person so appointed shall exercise the powers conferred and perform the duties imposed on the Commissioner by this Act or by any other enactment for the time being in force, and shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is liable and shall receive such monthly salary and allowances, as the Government may determine.
5[(1) Subject to the rules made by the State Government in respect of the Set-up, Strength, Recruitment, Appointment, Pay-scales, Allowances and other conditions of service of officers and servants of the Corporation, the Corporation shall appoint such officers and servants as may be necessary for the efficient performance of the functions of the Corporation:
3 Subs. by MP 10 of 1977.
4 Subs. by MP 12 of 1995 [.1.5.95].
5 Subs. by MP 12 of 1995 [.1.5.95].
Provided that,
(i) the power of appointing any person on a municipal post which carries a maximum scale of pay as the State Government may, from time to time, by an order in writing specify, shall vest in the Mayor-in-Council or the Commissioner.
No person shall be eligible for employment as a Municipal Officer or servant if he-
(a) has directly or indirectly, by himself or his partner, any share or interest in any contract of employment with, by or on behalf of the Corporation, other than an interest in land held on a lease from the Corporation, or is a Director, Secretary, Manager or other salaried officer of an incorporated company which has any such share or interest; or
(b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid.
(2) If any Municipal Officer or servant acquires, directly or indirectly by himself or by his partner, any share or interest as aforesaid, otherwise than as such officer
Any Municipal Officer or servant may be discharged,-
(a) during a period of probation;
(b) if appointed otherwise than under contract to hold a temporary appointment, on the expiration of the period of the appointment;
(c) if engaged on contract, in accordance with the terms of the contract;
(d) on account of the abolition of the post held by him or on account of a reduction in the strength of a cadre of Municipal officers and servants.
(2) The following penalties may for good and sufficient reasons be imposed upon any Municipal Officer or servant:-
(i) censure;
(ii) withholding of increment or promotion, incl
The Corporation may give an extraordinary pension, gratuity or compassionate allowance in accordance with the rules or byelaws framed in this behalf-
(a) to any Municipal Officer or servant injured in the execution of his duty or
(b) to the family or other relatives dependent on any Municipal Officer or servant who is killed in the execution of his duty, or whose death is due to devotion to duty or who dies during service:
Provided that the extraordinary pension, gratuity or compassionate allowance paid to a municipal officer or servant shall in no circumstances exceed that payable to a person of similar rank or position in the service of the Government.
Any Municipal Officer or servant who has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months and involving moral turpitude shall, if such sentence is not set aside or reversed in appeal or revision and if such officer or servant shall not have been dismissed, 2[cease] to be a Municipal
2 Subs. by M.P. Act 13 of 1961.
Officer or servant on such conviction and the Corporation shall not reinstate or re-employ any such officer or servant without the previous sanction of the Government.
Any municipal officer or servant occupying any municipal premises-
(a) shall occupy the same, subject to such conditions and terms as may be prescribed by the Commissioner; and
(b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be in the service of the Corporation, or whenever the Commissioner thinks it necessary and expedient to require him to do so.
(2) If any person who is bound or required under sub-section (1) to vacate any premises, fails to do so, the Commissioner may order such person to vacate such premises and may take such measures as will prevent him from remaining on or again entering in the premises.
No essential officer or servant shall-
(a) unless he is authorised in that behalf by the terms of his contract, resign his appointment or quit his employment without giving written notice, not less than one month previously, to the authority appointing him, of his intention so to do; or
(b) absent himself from duty otherwise than on leave duly granted and not subsequently cancelled; or
(c) neglect or refuse to perform any of the duties or wilfully perform them in an insufficient manner.
If the Government is of opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of the services essential to the life of the community in the city, it may, by notification in the Gazette, declare that an emergency exists in the city and that in consequence thereof no member of such of the essential services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force, or any agreement-
(a) withdraw or absent himself from his duties otherwise than on leave duly granted, or
(b) neglect or refuse to perform his duties or wilfully perform them in an insufficient manner.
The Corporation shall make adequate provision, by any means or measures which it may lawfully use or take, for each of the following matters, namely:-
(a) lighting public streets, places and buildings.
(b) cleaning public streets, places and sewers and all spaces not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the Corporation or not; removing noxious vegetation, and abating all public nuisances;
(c) disposing of nights oil and rubbish and, if so deemed desirable, preparation of compost manure from nightsoil and rubbish;
(d) the maintenance of the fire-brigade for extinguishing fire, and
protection of 1[life] and property when fires occur;
In addition to the other powers and duties, conferred or imposed on it by or under this Act or any other Act for the time being in force, the Corporation may in its discretion provide from time to time either wholly or partly for all or any of the following matters, namely:-
(a) reclaiming healthy localities, laying out, whether in areas previously built upon or not, new public street, and acquiring land for that purpose, including plots of land for building to abut on such streets;
(b) constructing, establishing or maintaining public parks or gardens, library, museums, halls, theatres, stadiums, offices, sarais, rest-houses and other public buildings;
(c) constructing and maintaining residential quarters for municipal officers and servants;
(d)
The State Government may entrust either conditionally or unconditionally to the Corporation functions in relation to any matter specified in the Schedule or in relation to any other matter to which the executive authority of the State extends or in respect of which functions have been entrusted to the State Government by the Central Government and the Corporation shall be bound to perform these functions.
(2) Where functions are entrusted to the Corporation under this section, the Corporation shall, in the discharge of these functions, act as an agent for the State Government.
(3) Where by virtue of this section powers and duties have been conferred or imposed as agency functions upon the Corporation, there shall be paid by State Government to the Corporation such sum as may be determined by the State Government in respect of any extra
The functions of the several municipal authorities shall be such as are prescribed in this Act.
(2) Municipal Government of the city vests in the Corporation.-Except as otherwise expressly provided in this Act the municipal government of the city vests in the Corporation.
(3) Special functions of the Commissioner.-Subject to the approval of sanction of the Corporation or of the Mayor-in-Council, whenever it is in this Act expressly so directed and subject also to all other restrictions, limitations and conditions imposed by this Act, the entire executive power for the purpose of carrying out the provisions of this Act vests in the Commissioner who shall also-
(a) perform all the duties imposed or conferred upon him by this Act;
(b) prescribe the
The Corporation may at any time call for any extract from any proceeding of any committee and for a return, statement, account or a report concerning or connected with any matter with which any such Committee is empowered by this Act to be; and every such requisition shall be complied with by such committee without unreasonable delay.
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 or 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 the head of the department subordinate to him and furnish, with his own remarks thereon a report upon any subject concerning or connected with administration of this Act or the municipal government of the city.
&n
The exercise or performance by any municipal authority of any power conferred or duly imposed by or under this Act which is likely to involve expenditure shall, except in any case specified in the proviso to section 93 be subject to the following conditions, namely:-
(a) such expenditure, so far as it is to be incurred in the financial year in which such power may be exercised or duty performed, shall have been 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, liability for such expenditure shall not be incurred without the sanction of the Corporation.
Contracts by or on behalf of the Corporation shall be expressed to be made by the Commissioner in accordance with the rules made in this behalf].
1 Subs. by MP. 20 of 1998 [29-8-1998].
2[x x x]
2 Omitted by MP. 20 of 1998 [29-8-1998].
2[x x x]
2 Omitted by MP. 20 of 1998 [29-8-1998].
All property movable and immovable and all interest of whatsoever nature or kind therein, vested in the Municipality of a City to which the provisions of this Act are applied 3[x x x] with all rights of whatsoever description used, enjoyed or possessed by the said municipality shall on such application vest in the Corporation of the city constituted under this Act.
3 Omitted by MP 12 of 1995 [1.5.1995).
All property, endowments and funds belonging to any public institution with the management, control and administration of which the Corporation is charged under the provisions of this Act or of any other enactment for the time being in force, shall vest in the Corporation in trust for the purposes to which such property, endowments and funds may lawfully be applied.
(2) The Corporation may with the sanction of the Central Government, transfer to Central Government every property, endowments and funds to vested in it in trust under sub-section (1):
Provided that no trust of public rights subject to which such property, endowments and funds are held shall be affected by such transfer.
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 and at such rates or prices, or at rates or prices not exceeding such maxima, as shall be approved by the Mayor-in-Council, either generally for any class of cases or specially in particular case.
(2) 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 such rates or prices, or at rates or prices not exceeding such maxima, as shall have been approved by the Mayor-in-Council:
Provided that
(1) Whenever the Commissioner is unable under section 67 to acquire by agreement any immovable property or any easement affecting any immovable property or whenever any immovable property or any easement affecting any immovable property vested in the Corporation is required for the purposes of this Act, the Government may in its discretion upon the application of the Commissioner made with the approval of the Mayor-in-Council order proceedings to be taken for acquiring the same on behalf of the Corporation as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 1[xxx].
1 Omitted by section 3(2) of the MP 13 of 1961
(2) The amount of the compensation awarded and all other charges incurred in the acquisition of any such property or easement shall, subject to all other prov
Where any immovable property or any right in or over any such property is claimed by or on behalf of the Corporation or by any person as against the Corporation, it shall be lawful for the Collector after formal enquiry, of which due notice has been given, to pass an order deciding the claim.
1 Omitted by section 3(2) of the MP 13 of 1961
(2) The Corporation or any person aggrieved by an order passed by the Collector under sub-section (1) may, notwithstanding anything contained in any law for the time being in force, within one year from the date on which the Corporation or such person had due notice of such order institute a suit in any competent Civil Court to set aside such order to claim a relief consistent therewith.
(3) If any such suit is instituted after the expiration of one year fr
2[(1) No streets, lands, public places, drains or irrigation channels shall be sold, leased or otherwise alienated, save in accordance with such rules, as may be made in this behalf.]
2 Subs. by M.P. Act No. 16 of 1994 [30-5-94]
(2) Subject to the provisions of sub-section (1)-
(a) the Commissioner may, in his discretion, grant a lease of any immovable property belonging to the Corporation, including any right of fishing or of gathering and taking fruit, flowers and the like, of which the premium or rent, or both, as the case may be, does not exceed five hundred rupees for any period not exceeding twelve months at a time:
Provided that every such lease granted by the Commissioner, other than the lease of the class in respect of which Mayor-in-Coun
A covenant concerning any immovable property for the purposes of this Act entered into with the Corporation by the owner of such property or by any person to whom such property of the Corporation has been transferred by sale or exchange shall be enforceable by the Corporation against any person deriving title under the covenant or notwithstanding that the Corporation is not in possession of or interested in any immovable property for the benefit of which the covenant was entered into, in like manner and to the like extent as it has been possessed of or interested in such property.
The nazul lands transferred to the Corporation by the Government shall be managed in accordance with the byelaws made by the Corporation with the previous approval of the Government.
1 Ins. by section 3(2) of MP 13 of 1961.
(2) The Corporation may, with the previous approval of the Government from time to time, add to, vary or rescind the byelaws made under sub-section (1)].
Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the city, shall vest in and be under the control of the Corporation, and with all other property which has already vested, or may hereafter vest in the Corporation shall be held and applied by it for the purposes of this Act, namely:
(a) all public gates, markets, slaughter-houses, manure and night- soil depots and public buildings of every description which have been constructed or maintained out of the municipal fund;
(b) all public streams, rivers, springs, and works for the supply, storage and distribution of water for public purposes and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjac
The Corporation shall maintain a register and a map of all immovable property of which it is the proprietor or which vests in it otherwise or which it holds in trust for the Government.
The Government may resume any immovable property transferred to the Corporation by itself or by any local authority, where such property is required for a public purpose, without payment of any compensation other than the amount paid by the Corporation for such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Corporation:
Provided that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer.
The management, control and administration of every public institution maintained out of the municipal fund shall vest in the Corporation.
(2) When any public institution has been placed under the direction, management and control of the Corporation, all property, endowment and funds belonging thereto shall be held by the Corporation in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was so placed:
Provided that the extent of the independent authority of the Corporation in respect of any such institution may be prescribed by the Government:
Provided also that nothing in this section shall be held to prevent the vesting of any trust property in the treasurer of Charitable Endowments under the Charitable Endowments
There shall be one Municipal Fund and it shall be held by the Corporation in trust for the purposes of this Act, subject to the provision therein contained.
There shall be credited to the Municipal Fund-
(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) balance standing to the credit of the Municipality of the city for which the Corporation is constituted;
(c) all proceeds of the disposal of property by, or on behalf of the
Corporation;
(d) all rents accruing from any property of the Corporation;
(e) all moneys raised by any tax levied for the purposes of this Act; CD all fees payable and levied under this Act, or any rules or byelaws made thereunder;
&nb
All the moneys from time to time credited to the municipal fund shall be applied in the following order of preference-
Firstly, in making due provisions for the repayment of all loans payable by the Corporation under the provisions of Chapter IX.
Secondly, in discharge of all liabilities imposed on the Corporation by section 3.
Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in sections 66 and 67 and for otherwise carrying this Act into effect, or of which the payment shall be duly or directly sanctioned under any of the provisions of this Act inclusive of-
(a) the expenses of every election of Councillors held under this Act; .
(b) the salaries, allowances an
The Corporation may constitute such special funds as are prescribed by 1[byelaws] 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 by 2[byelaws].
1. Subs. by section 3(2) of the M.P. Act 13 of 1961.
2 Subs. by section 3(2) of the M.P. Act 13 of 1961.
All moneys payable to the credit of the Municipal Fund shall be received by the Commissioner and shall be forthwith deposited with the Municipal treasury. The Municipal Commissioner shall deposit with the Government treasury or any scheduled or Co-operative Bank in the State any surplus funds with the Municipal treasury which may not be required for the current charges.
Subject to provisions of section 419 no payment shall be made by any Bank or society as aforesaid out of the municipal fund except upon a cheque signed in the prescribed manner.
(2) Payment of any sum due by the Corporation not exceeding one hundred rupees in amount, may be made in cash.
(3) Except in the case of salaries, allowances, pensions, muster payments, advances and imprest money which may be made in cash payment of any sum due by the Corporation exceeding one hundred rupees in amount shall be made by means of a cheque signed as provided in sub-section (1), and not in any other way.
Notwithstanding anything contained in section 90 or 91, the Commissioner, with the previous approval of the Mayor-in-Council may, from time to time remit any portion of the municipal fund to a bank or other agency approved by the Government and carrying on business at any place beyond the city at which it may be desirable for the Corporation to have funds in deposit; and any money payable to the credit of or chargeable against the municipal fund which may, in the opinion of the Commissioner, be most conveniently paid into or out of the account of the Corporation at any such bank or agency may be so paid.
Surplus money at the credit of the municipal fund, which cannot immediately or at an early date be applied to the purposes of this Act or of any loan raised thereunder, may from time to time be deposited in any bank or co- operative society approved by the Government or may be invested in public securities.
Except as hereinafter provided, no payment of any sum shall be made out of the municipal fund unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under section 99 or 100;
Provided that the following items shall be excepted from this prohibition, namely:-
(a) sums of which the expenditure has been sanctioned by the Mayor-in-Council;
(b) refunds of taxes and other moneys which the Commissioner is by this Act authorised to make;
(c) repayments of moneys belonging to contractors or other persons held in deposit and of money collected or credited to the municipal fund by mistake;
&nb
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 1[elected Councillors] be made outside the city for any of the purposes of this Act.
1 Subs. by MP 12 of 1995 [1.5.95).
Whenever any sum is expended by the Commissioner under clause (d), (e) or (g) of the proviso to section 94, he shall forthwith communicate the circumstances to the Mayor-in-Council which shall take such action under section 99 or recommend to the Corporation to take such action under section 100 as shall, in the circumstances, appear lawful and expedient for covering the amount of the additional expenditure.
The Commissioner shall, on or before the 30th day of November, each year, have prepared and lay before, the Mayor-in-Council, in such form as the 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 next 2[financial year] from the municipal fund including-
2 Subs. by section 3(2) of the M.P. Act 13 of 1961
(i) the re-payment of all loans or installments thereof with interest thereon which fall due during the 3[financial year;
3 Subs. by section 3(2) of the M.P. Act 13 of 1961.
(ii) the discharge of liabilities imposed on the Corporation by sub-section (1) of section 3;
&nbs
The Corporation may be on or before the 15th day of February, after considering the Mayor-in-Councils proposals in this behalf, refer the budget estimates back to the Mayor-in-Council for further consideration or adopt the budget estimates or any revised budget estimates submitted to it, either as they stand or subject to such alterations 4[as it deems expedient and shall submit copies of the budget as adopted by it to the Government for information]:
4 Subs. by section 3(2) of the M.P. Act 13 of 1961.
Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in sub-clauses (i) and (iii) of clause (a) of sub-section (1) of section 97:
Provided further that if the budget estimates are not finally adopted by the Corporation on o
The Mayor-in-Council may, from time to time, during the financial year reduce or transfer the amount or a portion of the amount of one budget grant to the amount of any other budget grant under the same major head in the budget estimates:
Provided that-
(a) due regard shall be had when making any such reduction or transfer to all the requirements of this Act;
(b) every such reduction or transfer shall be brought to the notice
of the Corporation at its next meeting.
(2) If and such reduction or transfer is of an amount exceeding five hundred rupees, the Corporation may pass with regard thereto such order as it thinks fit, and it shall be incumbent on the Mayor-in-Council and the Commissioner to give e
The Corporation may, from time to time during the financial year, transfer the amount or a portion of the amount of one budget grant from one major head to another in the budget estimate, or 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 in such a way as to bring the estimated cash balance at the close of the year below the amount fixed under sub-clause (iii) of clause (a) of sub-section (1) of section 97
If at any time during the financial year it appears to the Corporation that, notwithstanding any reduction of budget grants that may have been made under section 99, the income of the municipal fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year it shall be incumbent on the Corporation forthwith to sanction any measure which they may consider necessary for proportioning the years income to the expenditure.
(2) For the purposes of sub-section (1), the Corporation may either diminish the sanctioned expenditure of the year, so far as it may be possible so to do with due regard to all the requirements of this Act, or have recourse, subject to the conditions and limitations prescribed by the Act, to supplementary taxation or to an increase of the rates, or adopt all or any of those methods.
Subject to the provisions of section 104 of this Act, the Corporation in pursuance of a resolution passed at a special meeting convened for the purpose may, by the issue of debentures or otherwise on the security of the immovable property vested in the Corporation or of all or any taxes, duties, tolls, cesses, fees and dues authorised by this Act or of both the immovable property and all or any tax, duties, tolls, cesses, fees and dues raise a loan of any sum which may be required-
(i) for the construction of works under this Act, or
(ii) for the acquisition of land for the purposes of this Act, or
(iii) for the payment of a loan raised under this Act or any other loan or debt for the re-payment of which the Corporation is liable; or
Notwithstanding anything contained in section 102 whenever the borrowing of any sum has been sanctioned under that section, the Corporation may, instead of borrowing such sum or any part thereof from the public or any member thereof, take credit on such terms as may be sanctioned by the Government from any bank on a cash account to be kept in the name of the respective Corporation to the extent of sum or part, and with the previous sanction of the Government, may grant mortgages of all or any of the property vested in the Corporation by way of securing the repayment with interest of the amount of such credit or of the sums advanced from time to time on such cash account.
(2) The provisions of sub-section (3) of section 102 shall apply to such sum or part.
Notwithstanding anything hereinbefore contained, the borrowing powers of the Corporation shall be limited so that the sums payable under this Act shall not at any time exceed together with the balances of all the outstanding loans and debts due by Corporation in the whole, double the annual value of lands and buildings in the city as defined in section 138.
All debentures issued under this Act shall be in such form as the Corporation may with the previous sanction of the Government prescribe.
(2) The holder of any debenture in any form prescribed under subsection (1) may obtain in exchange therefor, upon such terms as the Corporation may determine, a debenture in any other form so prescribed.
(3) Every debenture issued by the Corporation under this Act shall be transferable in such a manner as shall be therein expressed.
(4) The right to be paid the money secured by any of such debentures and to sue in respect thereof shall vest in the holders thereof for the time being, without any preference by reason of some of such debentures being prior in date to others.
All coupons attached to the debentures issued under this Act shall bear the signatures of the Chairman of the Mayor-in-Council and the Commissioner on behalf of the Corporation; and such signatures may be engraved, lithographed or impressed by any mechanical process.
Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872-
(1) When any debenture or security issued under this Act is payable to two or more persons jointly and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such persons:
Provided that nothing in this sub-section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.
(2) When two or more persons are joint holders of any debentures or security issued under this Act, anyone of such person may give an effectual receipt for any interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the Corporation by any other of such persons.
When a debenture issued under this Act 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 he loss, theft or destruction and of the justice of the claim obtain from him an order-
(a) if the debenture 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 a duplicate debenture, and
(ii) for the issue of a duplicate debenture payable to the applicant, or
&
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 the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner, obtain a renewed debenture payable to the person applying.
(2) 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;
(b) refuse to renew the debenture until such a decision has been obtained; or
When a renewed debenture has been issued under section 109 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 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 the duplicate debenture has been issued under section 108, or when a renewed debenture has been issued under section 109 or when the principal sum due on a debenture in respect of which an order has been made under section 108, 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 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 108 or from the date of the last payment of interest on the original debenture whichever is later;
&n
Notwithstanding anything contained in section 109, the Commissioner may in any case arising thereunder,-
(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.
Every loan raised by the Corporation under section 102, shall be repaid within the time approved under proviso (iii) to sub-section (1) of the said section and by such of the following methods as may be approved, namely:-
(a) by payment from a sinking fund established under section 114 in respect of the loan, or
(b) by equal payments of principal and interest, or (c) by equal payments or principal, or
(d) in the case of a loan, borrowed before this Act comes into force by the method which was in operation for the repayment of such loan; or
(e) from any sum borrowed under section 102 (1) (iii), or
(f) partly from the sinking fund established under section 114 in respect of the loan and partly from mon
Whenever the repayment of a loan from sinking fund has been sanctioned under proviso (iii) to sub-section (1) of section 102 the Corporation shall establish such fund and shall pay into it on such dates as may have been approved under the said proviso, such sum as will with accumulation of compound interest, be sufficient, after payment of all expenses, to payoff the loan at the time approved:
Power to discontinue payments into the sinking fund.-Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that if allowed to accumulate at compound interest it will be sufficient to repay the loan at the time approved, then with the permission of the Government, further payment into such fund may be discontinued.
Notwithstanding anything contained in this Act, the Corporation may consolidate all or any of its loans, or any part of a loan and for that purpose may invite tenders for a new loan to be called The Corporation Consolidated Loan" and invite holders of municipal debentures to exchange their debentures for script of such loan.
(2) The terms of every such consolidated loan and the rates at which exchange into a consolidated loan shall be permitted shall, save in the case of a loan granted by the Government, be subject to the previous approval of the Government.
(3) Save in the case of a loan granted by the Government, the period for the extinction of any such consolidated loan shall not, without the sanction of the Government extend beyond the furthest date within which any of the loans to be consolidated would otherwise be repayable.
All money paid into a sinking fund shall, as soon as possible be invested by the Corporation in :-
(a) Government securities, or
(b) securities guaranteed by Government, or (c) municipal debentures of the City; and shall be held by the Corporation for the purpose of repaying from time to time the debentures issued by it.
(2) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the appropriate sinking fund and invested in the manner prescribed by sub-section (1).
(3) Money standing to the credit of two or more sinking funds may, at the discretion of the Corporation, be invested in a common fund, and it shall not be necessary for the Corporation to allocate the securities he
For the purpose of investing any portion of the municipal fund, including the sinking funds, the Corporation may reserve and set apart for issue at par, to and in the name of Corporation, any portion of the debentures to be issued on account of any loan, provided that the intention 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 to the Corporation as aforesaid shall not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respect as if issued to and in the name of any other person.
(3) The purchase by, or the transfer, assignment or endorsement to, the Corporation, of any debenture issued by the Corporation, of any debenture issued by the Corporation shall not operate to extinguish or cancel an
Until any loan is wholly repaid, the Corporation shall not apply the sinking fund established in respect of that loan to any purpose other than the repayment of that loan:
Provided that when any loan or part thereof, is consolidated under section 115, the Corporation shall transfer to the sinking fund established for such consolidated loan, the sum standing to the credit of the sinking fund of the original loan, or if part only of a loan is consolidated, then such part of the sum standing to the credit of sinking fund of the original loan as is proportionate to the amount of the original loan which is incorporated in the consolidated loan.
In the case of all loans raised by the municipality before the provisions of this Act are made applicable to a city, the following provisions shall apply:-
(i) if, when the loans were raised they were made repayable from sinking funds, the Corporation shall establish sinking funds for the repayment of the loans and shall pay into the funds such sums, on such dates as may have been fixed when the loans were raised;
(ii) all securities and cash held by the Municipality in sinking fund, if any, established for the repayment of such loans, shall be transferred to the Corporation and shall be held by it as part of the sinking funds established under clause (i);
(iii) the provisions of section 114 shall apply to such sinking funds;
(iv) if, when any s
All sinking funds established under this Act shall be subject to annual examination by the auditor who shall satisfy himself that the provisions of section 118 are being complied with and that the cash and the current value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments teen regularly made and had the rate of interest as originally estimated been obtained therefrom.
(2) The Corporation shall forthwith pay into any sinking fund any sum by which the auditor may certify the fund to be deficient, unless the Government by general or special order sanctions a gradual readjustment
(3) If the cash and the value of the securities at the credit of any sinking fund are in excess of the amount which should be at its credit the auditor shall certify the amount of such
If any money borrowed by the Corporation, or any interest, of costs due in respect thereof, is not repaid according to the conditions of the loan, the Government if it has itself given the loan may, and in other cases shall, on the application of the lender, attach the municipal fund in whole or in part.
(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 the attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interest and cost due in respect thereof, and of all expenses incidental. to the attachment and subsequent proceedings:
Provided that no such attachment shall defeat or
If the Corporation fails to make any payment as required by sub- section (2) of section 120, the Government may attach the Municipal fund or any part thereof, and the provisions of sub- section (2) of section 121 shall, with all necessary modifications, be deemed to apply.
The Commissioner shall at the end of each year prepare a statement showing-
(a) the amount and date of borrowing of loans raised by the Corporation which are outstanding and the annual loan charges;
(b) in the case of every loan for which a sinking fund has been established under section 95, the 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;
(c) the loans repaid during the year and in the case of loans repaid in installments or by annual drawings, the amounts repaid during the year and the balance due at the close of the year;
(d) the particulars of securities in which the sinking fund have been invested or which have been reserved for the investment of these f
The provisions of the law relating to loans by local authorities in force in the region in which the Corporation is situate shall apply to all loans borrowed by such Corporation so far as the said provisions are not inconsistent with the provisions of this Act.]
1 Subs. by section 3(2) of the M.P. Act 13 of 1961.
Accounts of receipts and expenditure of the Corporation shall be kept in such manner and in such form as may be prescribed by the State Government.]
2 Subs. by M.P. Act No. 16 of 1994 [30-5-94].
The Corporation shall, as soon as the accounts of the past year have been finally passed by it, transmit to the Government, the accounts in such forms as the Government may from time to time direct
The Commissioner shall as soon as may be after the first day of April, in each year, cause to be prepared a detailed report the Municipal administration of the city during the previous year, together with a statement showing receipt and disbursement credited and, debited to the Municipal Fund during the previous financial year and the balance at the credit of the Fund at the close of the said Financial year.
(2) The Commissioner shall thereafter forward the report and statement to the Corporation and to the Government.
The Commissioner shall draw up a monthly abstract of the receipts and expenditure of the preceding month and such abstract shall be examined and signed by the 3[auditor appointed by the Corporation). The Commissioner shall submit such abstract to the Mayor-in-Council before the end of the next month.
3 Subs. by section 3(2) of the M.P. Act 13 of 1961.
(2) For this purpose the Mayor-in-Council shall have access to all the municipal accounts and to all records and correspondence relating thereto and the Commissioner shall forthwith furnish to the Mayor-in-Council any explanation concerning receipts and disbursements which it may call for
There shall be an auditor specially appointed by the Government to examine and audit accounts of the Corporation. The auditor shall from time to time examine and audit accounts in accordance with the arrangements approved by the Government in this behalf.
The auditor shall
(a) report to the Mayor-in-Council 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) 1[Omitted]
1 Omitted by section 3(2) of the M.P. Act 13 of 1961
(2) The Mayor-in-Council shall cause to be laid before the Corporation every report made by the auditor to the Mayor-in-Council and every statement of the views of the auditor on any mater affecting the pursuance and exercise of the duties and powers assigned to him under this Act which the auditor may require the Mayor-in-Council to place before the Corporation, together with a report stating what orders have been passed by the Mayor-in-Council upon such r
The Corporation, the Mayor-in-Council or the Commissioner, as the case may be, shall forthwith remedy any defects or irregularities that may be communicated by the auditor and shall send report to the Government of the action taken by the Municipal authority concerned:
Provided that if there is a difference of opinion between the municipal authority and the auditor, or if the municipal authority does not remedy any defect or irregularity within a period considered by the auditor to the reasonable the matter shall be referred to the Government within such time and in such manner as may be prescribed, and the Government may pass such orders thereon as it thinks fit. The orders of the Government shall be final and the Municipal authority shall take action in accordance therewith.
(2) If within any period fixed an order made by the Governm
(1) The Corporation shall, at its first meeting in each financial year or as soon as may be at any meeting subsequent thereto constitute a Municipal Accounts Committee.
4 S. 131-A inserted by M.P. Act 11 of 1999. w.e.f. 23-4-1999.
(2) The Municipal Accounts Committee shall consist of seven members to be elected by the elected Councilors of the Corporation from amongst themselves in accordance with the system of proportional, representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The members of Mayor-in-Council shall not be eligible for such election.
(3) The members of the committee shall elect from amongst themselves one member to be its Chairman.
(4) Subject to the provisions of sub-s
For the purpose of this Act, the Corporation shall, subject to any general or special order which the State Government may make in this behalf, impose in the whole or in any part of the Municipal Area, the following taxes, namely:-
1 Subs. by MP 18 of 1997 [21.4.1997].
(a) a tax payable by the owners or building or lands situated within the city with reference to the gross annual letting value of the buildings or lands, called the property tax, subject to the provisions of Sections 135, 136 and 138.
(b) a water tax, in respect of lands and buildings to which a water supply is furnished from or which are connected by means of pipe with municipal water works.
(c) a general sanitary cess, for the construction and maintenance of public latrines and f
The Corporation may, by a resolution, at the time of final adoption of the budget estimates for the next financial year, subject to the provisions of this Act and subject to such limitations and conditions, as may be prescribed by the State Government in this behalf-
1 Subs. by MP 12 of 1995 [.1.5.95].
(a) impose any of the taxes or fees specified in this Act; or (b) increase the rates of taxes or fees already imposed.
(2) The resolution as referred to in sub-section (1) shall contain-
(a) in case of imposition of any tax or fees, the provisions under which such tax or fee is being imposed, class of persons or description of property to be taxed, the amount or rate of tax or fee being imposed, system of assessment and collection to be adopted and
2[(1) The duty imposed by the Indian Stamp Act, 1899 (2 of 1899) on instruments of sale, gift and usufructuary mortgage, respectively of immovable property, shall in the case of instruments affecting immovable property situated within the limits of any Corporation and executed on or after the date on which provisions of this Act are made applicable to such limits be increased by 3[oneper centum]on the value of the property so situated, or in the case of an usufructuary mortgage on the amount secured by the instrument, as set forth in the instrument.
1 Subs. by MP 13 of 1961.
2 Subs. by MP 17 of 1989.
3 Subs. for "four percentum" by MP. 20 of 1998 [9-6-1998. vide M.P. Ord.2 of 1998].
(2) For the purpose of this section, section 27 of the Indian St
A Municipal tax may be recovered by one or more of the following processes or in accordance with the 1[byelaws] made for the purpose:
1 Subs. by section 3(2) of the M. P. Act 13 of 1961.
(1) by presenting a bill;
(2) by serving a written notice of demand;
(3) by distraint and sale of movable property of the person concerned;
(4) by attachment and sale of his immovable property;
(5) in the case of octroi and toll, by the attachment and sale of goods and vehicles;
(6) in the case of property tax, by the attachment of rent due in respect of the property;
(7) by a sui
Notwithstanding anything contained in this Act, the tax under clause (a) of sub- section (1) of Section 132 shall be charged, levied and paid, at the rate not less than six percent and not more than 3[twenty] percent of the annual letting value, as may be determined by the Corporation for each financial year].
2 Subs. by MP 18 of 1997 [21.4.1997].
3 Subs. C.G. Act No.1 of 2002 [16-1-2002].
The property tax levied under section 135 shall not be leviable in respect of the following properties, namely:-
4 Subs. by MP 50 of 1976.
(a) buildings and lands owned by or vesting in-
(i) the Union Government;
(ii) the State Government;
(iii) the Corporation;
(b) buildings and lands the annual value of which does not exceed 5[six thousand rupees in case of Municipal area having population of one lac or above and four thousand eight hundred rupees in case of Municipal area having population below one lac]:
5 Subs. by MP 18 of 1997 [21.4.1997].
Provided that if any
Section 136 of the Chhattisgarh Municipal Corporation Act, 1956, primarily deals with exemptions and certain provisions related to property tax. It forms a crucial part of the legal framework governing the levy, assessment, and exemptions concerning property taxes within municipal areas in Chhattisgarh.
Section 136 outlines specific exemptions from property tax under the Act, including properties owned by the government, properties used exclusively for public worship or public purposes, and properties in occupation of owners for residence, among others. It also provides for the possibility of discounts on property tax and mandates public notices for certain proceedings.
Section 136 primarily restricts the levy of property tax on specific categories of properties, such as government properties, properties used for public worship, and residential lands in occupation of owners. It also empowers the municipal authorities to grant discounts, thereby influencing the assessment process.
While Section 136 itself does not specify penalties, contravention of the provisions related to property tax assessment, exemptions, or recovery can attract penalties under other provisions of the Act or relevant laws, including fines or imprisonment for offences such as illegal recovery or fraud.
Note: The references are based on the provided sources and their summaries, emphasizing the importance of procedural compliance, constitutional safeguards, and judicial oversight in the application of Section 136.
Notwithstanding anything contained in sections 135 and 136, the Corporation may, if it thinks fit, direct by resolution that a discount not exceeding 5[six and a quarter per cent] shall be allowed on the amount due from every person who pays the tax due before such date as the Corporation shall fix:
5 Subs. by section 3(2) of the M.P. Act 13 of 1961.
1(Provided that the discount shall be allowed at the same rate to all persons entitled thereto.]
1 Added by section 3(2) of the M.P. Act 13 of 1961.
(2) The Corporation may at any time revoke a resolution under the section.
Section 137 of the Chhattisgarh Municipal Corporation Act, 1956, pertains to the procedure for providing public notice regarding the fixed time for lodging objections, primarily related to property tax assessments and related matters within municipal jurisdictions. It ensures transparency and public participation in municipal decision-making processes.
Section 137(1) mandates that the Chief Municipal Officer shall publish a public notice informing residents of the time fixed for lodging objections concerning assessments, including property tax. The section emphasizes the importance of giving residents an opportunity to be heard before finalizing assessments or other related actions.
The section primarily applies to assessments related to property taxes and other municipal levies requiring objections from residents. It also encompasses procedures for public participation in administrative decisions, ensuring that residents are informed and can voice concerns before finalizing assessments or amendments.
While Section 137 itself does not specify penalties, contravention of procedural requirements, such as failing to publish notices or denying residents the opportunity to object, may attract penalties under broader provisions of the Act, such as Section 435, which prescribes punishments for certain offences, including non-compliance [Source: ""].
This concise legal commentary synthesizes the provisions and implications of Section 137 of the Chhattisgarh Municipal Corporation Act, 1956, with references to the available sources.
Notwithstanding anything contained in this Act or any other law for the time being inforce, the annual letting value of any building or land, whether revenue paying or not, shall be determined as per the resolution of the Corporation adopted in this behalf, on the basis of per square foot of the built up area of a building or per square foot of land, as the case may be, taking into consideration the area in which the building or land is situate, its location, situation, purpose for which it is used, its capacity for profitable user, quality of construction of the building and other relevant factors and subject to such rules, as may be made by the State Government in this behalf.
2 Subs. by MP 18 of 1997 [21.4.1997].
(2) On the basis of the resolution adopted by the Corporation under sub-section (1), every owned of land or building shall
The Commissioner may, by written notice, require the occupier of any land or building to furnish him within fifteen days with the name and address of the owner of such land or building
When any building or land is let to two or more persons holding in severalty, the Assessing Authority may, for the purpose of assessing, or revising the assessment list or amending a current assessment list for 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 or flat, as a separate property and a building or land so treated as a single property shall, for the purposes of property tax, be deemed to be a single tenement.
The property tax charged and levied upon any land or building under section 135, shall be paid primarily by the owner thereof.
(2) The property tax charged and levied on the owner may also be recovered from any occupier of the land or building under the circumstances, in the manner and to the extent as is provided in this Act or may be provided under the byelaws or rules made thereunder].
The Corporation may, if it thinks fit, employ any person to determine the annual value of lands and buildings in accordance with the principles laid down in section 138.
(2) Any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required of authorisation in that behalf from the Commissioner, to enter on, survey and value any land or building within the City which the Commissioner may direct him to survey and value.
(3) If any person wilfully delays or obstructs any person in the exercise of any of his powers under this section, he shall be liable to a fine not exceeding one hundred rupees.
2[(1) The annual value of any land or building situate within the city as determined under the Chhattisgarh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964 (No.14 of 1964) or the rules made thereunder, and in force for the purpose of that Act immediately before the 1st day of April, 1976 shall be deemed to be the annual value for the assessment of property tax on such land or building under this Act, until such time as the Commissioner makes a fresh valuation and determines annual value under this Act of the land and buildings therein and the annual value of such land or buildings shall remain uncharged for a period of one year and may be revised thereafter by the Commissioner at the termination of successive period of one year].
2 Subs. by MP 50 of 1976.
(2) The Commissioner may, instead of making a new assessment every year, adopt the e
To enable him to prepare the assessment list, the Commissioner may, by written notice, require the owner or occupier of any land or building or any portion thereof to furnish him within such reasonable period as the Commissioner may fix, 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 land or building; and
(b) as to the measurement or the gross annual rent or revenue or the description or other specified details or the actual cost or estimated market value of such land or building.
(2) Every owner or occupier from any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his know
When the valuation under section 143 of the lands and buildings in any ward has been completed, the Commissioner shall cause the respective valuations to be entered in a list and give public notice of the place where such list may be inspected.
(2) Time for riling complaints against valuation.-The Commissioner shall at the same time and in the same manner, give public notice of a date, not being less than thirty days from the publication of such notice by which objections to the amount of any annual value or other particulars entered in the assessment list may be delivered at his office.
The Commissioner shall, in all cases in which any land or building is for the first time valued, or in which the valuation of any land or building previously valued as increased under section 143 give special notice thereof, to the occupier of the same, and when the valuation is so increased, the said notice shall contain a statement of grounds of the increase.
Any person dissatisfied with a valuation made under this chapter may deliver at the municipal office a written notice stating the grounds of his objection to such valuation.
(2) Such notice shall be delivered on or before the date fixed in this behalf in the public notice referred to in section 145 or 146.
All such objection shall be entered in a register to be maintained for the purpose and, on receipt of any objection, the Commissioner shall give a notice in writing to the objector of the time and place at which his objection will be investigated.
(2) At the time and place so fixed the Commissioner shall hear the objection, in the presence of the objector or his authorised agent if he appears, or may, for reasonable cause, adjourn the investigation.
(3) When the objection has been determined, the order passed on such objection shall be recorded in the said register and, if necessary, an amendment made in the assessment list in accordance with the result of the objection.
If any dispute arises as to the liability of any land or building to assessment or as to the basis or principle of assessment or as to the amount of tax assessed, an appeal shall lie from the decision of the Municipal Commissioner to the District Court, whose decision shall be final.
(2) Such appeal shall be presented to the District Court within thirty days from the date of the order passed under section 148 and shall be accompanied by an extract from the register of objections containing the order objected to.
(3) The provisions of Parts II and III of the Indian Limitation Act, 1908, relating to appeals shall apply to every appeal preferred under this section.
(4) No appeal shall be admitted under this section unless an objection has been preferred under section 148.
Every valuation made by the Commissioner under section 143 shall subject to the provisions of sections 148 and 149, be final.
(2) Every order passed by the Commissioner under section 148 shall, subject to the provisions of section 149, be final.
The annual value fixed under this chapter shall be entered in one or more registers to be kept wardwise or in any other manner for the purpose wherein shall be recorded:-
(a) the serial number of each set of premises; (b) the description of each set of premises;
(c) the name and place of abode of the owner and the name of the occupier;
(d) the amount of the valuation;
(e) the amount payable on account of the property tax;
(f) any exemption granted from payment of the said tax; and
(g) such other particulars as the Commissioner may direct.
(2) The particulars mentioned in sub-section (1) may be contained in as
When objections have been determined and appeals disposed of and the entries required by section 151 have been made, the assessment list shall be authenticated by the Commissioner, who shall certify under his signature that except in the cases in which amendments have been made as shown therein, no valid objection has been made to the annual values entered in the said list.
(2) Thereupon the said assessment list shall, subject to such alterations as may thereafter be made therein under the provisions of sub-section (5), of section 149 or of section 153 be conclusive evidence of the amount of property tax leviable on each land or building within the City in the financial year to which the list relates.
The Commissioner may at any time amend the assessment list by the inclusion, omission or substitution of any matter:
Provided that whenever he proposes to make any amendment in respect of any master other than the correction of an arithmetical total, he shall before making the amendment, send notice thereof to persons interested and shall allow thirty days to elapse for the making of any objection to the proposed amendment:
Provided further that nothing in this sub-section shall empower the Commissioner to vary the valuation of any premise determined on appeal to the District Court.
(2) If any amendment be made in respect of any matter other than the correction of arithmetical total, any person on whom a notice is served may object by written application addressed to the Commissioner and de
When an owner has furnished information or a written return as provided by section 144 he shall give notice in writing to the Commissioner of any subsequent increase in the rent.
(2) if an owner of any land or building or any portion thereof has, after it has been assessed for the same, made any increase in the rent thereof, he shall give notice in writing to the Commissioner of such increase.
(3) The Commissioner may on receipt of such notice as to increase of rents amend the assessment list by altering the assessment of such land or building or any portion thereof as provided for by section 153.
When any building or any portion of a building liable to the payment of property tax is demolished or removed otherwise than by order of the Commissioner, the person 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 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, has not been demolished or removed.
Whoever fails to give notice of an increase of rent required by sub-sections (1) and (2) of section 154 or gives notice of an increase of rent which in substance is untrue, shall in addition to any punishment to which he may be liable, be precluded from objecting to any assessment made by the Commissioner in consequence of such increase in respect of such building or land or any portion thereof of which he is the owner.
When the valuation of any land or building is revised in consequence of an objection made under section 147 or an appeal is preferred under section 149, the revised valuation shall take effect from the quarter in which the first valuation would have taken effect in the same manner and for the same period and subject to the same conditions as the original valuation.
When an objection to a valuation has been made under section 147 the property tax shall, pending the final determination of the objection, be paid on the previous valuation.
If upon the hearing of any objection or appeal from any valuation it is made to appear to the Commissioner or the Appellate Authority, as the case may be, that appellant has paid any sum or sums of money in consequence of assessment which he ought not to have paid, the Commissioner or the Appellate Authority, as the case may be, shall direct the excess payment to the refunded to the appellant.
The Commissioner shall furnish to any person who applies for it, a copy of the valuation or assessment list for the time being in force or any extract from any such list on payment of such sum as may be prescribed by 1[bye laws] by the Corporation, and the Commissioner or a person authorised by him in this behalf it shall, if required, certify the copy or extract in such manner as may be prescribed.
1 Subs. by section 3(2) of the M.P. Act 13 of 1961.
No assessment and no charge or demand of any tax under this Act shall be called in question or in any way affected by reason of-
(a) any mistake --
(i) in the name, residence, place of business or occupation of any person liable to pay the tax; or
(ii) in the description of any property or thing liable to the tax or
(iii) in the amount of tax assessed; or (b) any clerical error; or
(c) any other defect of form.
(2) For the purpose of assessing any tax on property under this Act it shall suffice if the property is so described as to be readily identifiable and the owner or occupier need not be named.
The Corporation may exempt from the payment of any tax in whole or in part for any period not exceeding one year, any person who by reason of poverty is in its opinion unable to pay the same, and may renew such exemption as often as it may consider necessary.
(2) Subject to the provisions of section 135 the Corporation may, with the sanction of the Government-
1[(a) Abolish, suspend or reduce the rate of any tax]; or
1 Subs. by MP 12 of 1995 [.1.5.95]
(b) exempt from the payment of any such tax in whole or in part any person or any class of persons or any property or class of property.
The Government may, after giving the Corporation an opportunity of expressing its views, by order exempt from the payment of any such tax in whole or in part any person or class of persons or any property or description of property.
(2) If at any time it appears to the Government, on a representation made or otherwise, that any tax imposed by or under this Act is unfair in its incidence or that the levy thereof or of any part thereof is injurious to the interests of the general public, it may, after giving the Corporation the opportunity of expressing its views, require the Corporation to take within a specified period measures to remove the objections; and, if within that period the requirement is not complied with to the satisfaction of Government, the Government may by notification suspend the levy of the tax or of such part thereof until the objection has been removed.
Not-withstanding anything contained in this Act or any other Act for the time being in force, the State Government may create an Infrastructure Development Fund with a view to assist the Municipal Corporation in developing the infrastructure.
2 Ins. by M.P. Act 27 of 2000. w.e.f.6-9-2000.
(2) The sources of the infrastructure fund and the procedure and manner in which the amount from the fund shall be provided to Municipal Corporation shall be such as may be prescribed.]
1[x x x]
1 Omitted by MP 50 of 1976.
Every person shall on the demand of an officer duly authorised by the Commissioner in this behalf, furnish such information as may be necessary in order to ascertain whether such person is liable to pay any tax under this Act and if so how much; and every hotel or lodging house keeper or secretary of a residential club shall also, on demand as aforesaid, furnish a list of all persons residing in such hotel, lodging-house or club.
(2) If any person so called upon to furnish information omits to do so or furnishes information which is untrue to his knowledge, he shall be punishable with fine which may extend to one hundred rupees.
If the occupier of any land or building neglects or refuses, without reasonable cause, to comply with a notice served under section 139 furnishes information which is untrue to his knowledge he shall be punishable with fine which may extend to one hundred rupees.
Whenever the title in any land or building or in any part or share of any land or building is transferred, the transferor and the transferee shall, within three months of the registration of the deed of transfer, or if it be not registered, within three months of the execution of the instrument of transfer, or, if no such instrument be executed, after the transfer is effected, give notice in writing of such transfer to the Commissioner.
(2) Every person liable for the payment of a tax on any property, who transfers his title to or over such property without giving notice of such transfers to the Corporation as aforesaid, shall in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of all such taxes payable in respect of the said property until he gives such notice or until the transfer is recorded in the books of the Corporat
The Commissioner may authorise any person to do the following acts at any time between sunrise and sunset after giving twenty-four hours notice to the occupier, or if there be no occupier, to the owner, of a building or land-
(1) to enter, inspect and measure any building for the purpose of valuation;
(2) to enter and inspect any stable, coach house or other place where there is reason to believe that there is any vehicle or animal liable to taxation under this Act or for which a licence has not been duly taken out.
Every person bringing or receiving within the limits of the city any articles in respect of which a toll or cess on imports payable shall, when required by an officer or servant duly authorised by the Commissioner in this behalf and so far as may be necessary for ascertaining the amount of tax chargeable.
(a) permit the officer or servant to inspect, examine, weigh and otherwise deal with the article; and
(b) communicate to the officer any information and exhibit to him any bill, invoice or document of a like nature which such person may possess relating to the article.
If any person, bringing or receiving within the prescribed limits of the city a conveyance or package on which a toll or cess on import is believed to be leviable, refuses on the demand of an officer or servant authorised by the Commissioner in this behalf to permit the officer or servant to inspect, weigh or otherwise examine the contents of the conveyance or package for the purpose of ascertaining whether it contains any article in respect of which a toll or cess on imports is payable, or refuses to communicate to the officer any information or to exhibit to him any bill, invoice or document of a like nature which he may possess relating to the article, or with the intention of defrauding the Corporation, communicates false information or exhibits any false, forged, or fraudulent bin, invoice or document of a like nature, he shall be punished with a fine which may extend either to ten times the duty leviable on the articles
If animals or articles passing the limits of the Corporation are liable to the payment of a toll or cess on imports, then every person who, with intention to defraud the Corporation, causes or abets the introduction of, or himself introduces or attempts to introduce within the said limits, any such animals or article upon which payment of the toll or cess on imports due on such introduction has neither been made nor rendered, shall be punishable with fine which may extend either to ten times the value of such toll or cess or imports or to fifty rupees, whichever may be greater.
When the Corporation, with the sanction of the Government has agreed with a Government Authority or the committee of an adjoining Municipality 1[a Notified Area Committee constituted under the Municipal law] that in consideration of the payment of the lump sum or otherwise, the same limits for cess on imports or any toll or tax shall be established for the contracting parties, the Corporation may fix limits by byelaws so as to include so much of the area controlled by the said contracting parties as it may deem necessary, and shall have the powers of such limits, and the provisions of this Act for the assessment and collection of such tax or toll or cess on imports shall apply in the same way as if the said limits were wholly comprised in the jurisdiction of the Corporation.
1 Subs. by section 3(2) of the M.P. Act 13 of 1961.
(2) The
When any amount declared by or under the provisions of this Act to be recoverable in the manner provided in this chapter, or payable on account of any tax imposed within the limits of the city shall have become due, the Commissioner shall with the least practicable delay cause to be presented to any person liable for the payment thereof a bill for the sum claimed as due.
(2) Contents of bill.-Every such bill shall specify(a) the period for which, and
(b) the property, occupation or thing in respect of which the sum is claimed, and shall also give notice of-
(i) the liability incurred in default of payment, and
(ii) the time within which an objection may be preferred as against such claim.
If the sum, for which a bill is presented as aforesaid, is not paid and no objection has been preferred within 15 days from the presentation of the bill, the Commissioner may serve upon the person to whom such bill has been presented a notice of demand in the 1[form prescribed by byelaws].
1 Subs. by section 3(2) of the M.P. Act 13 of 1961.
(2) For every notice of demand a fee shall be charged at the rate specified in the byelaws and shall be payable by the said person, and the fee shall be included in the costs of recovery.
If the person on whom a notice of demand is served under sub-section (1) of section 174 does not, within thirty days of the service of such notice-
(a) pay the sum demanded in the notice; or
(b) show cause to the satisfaction of the Commissioner why he should not pay the same; or
(c) prefer an appeal in accordance with the provisions of section 184 against the demand;
such sum with all costs of recovery may be recovered under a warrant in the 2[form prescribed by byelaws] signed by the Commissioner-
2 Subs. by section 3(2) of the M.P. Act 13 of 1961.
(i) by distress and sale of the movable property belonging to such person;
&nb
The Corporation may in its discretion remit the whole or any part of any fee chargeable under sub-section (2) of section 174 or sub-section (3) of section 175.
The officer charged with the execution of a warrant of distress issued under section
175 may if authorised by a general or special order in writing by the Commissioner, between sunrise and sunset break open any outer or inner door or window of a building in order to levy distress-
(a) if he has a reasonable ground for believing that such building contains property which is liable to such distress; and
(b) if after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance:
Provided that such officer shall not enter or break open the door or window of any apartment appropriated to the use of women until he has given the women a reasonable opportunity to withdraw.
Any officer charged with the execution of a warrant of distress issued under section 175 shall, if authorised by the warrant, distrain whenever it may be found, any movable property or attach any immovable properly of the person named in the warrant subject to the following conditions, namely:-
(a) the following property shall not be distrained-
(i) the necessary wearing apparel, cooking utensils and bedding of the defaulter and members of his family;
(ii) the tools of artisans;
(iii) when the defaulter is an agriculturist, his implements of husbandry, seed, grain, and such cattle as may be necessary to enable him to earn his livelihood;
(b) the distress shall not be excessive, that is to say, the pr
When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody together with the amount to be levied is likely to exceed its value, the Commissioner shall at once give notice to the person in whose possession the property was, when distrained, to the effect that it will be sold at once; and shall sell it accordingly unless the amount named in the warrant is forthwith paid.
(2) On the expiry of the time specified in the notice served by the officer executing the warrant, the property distrained or attached, or in the case of immovable property, a sufficient portion thereof, if not sold at once under sub-section (1), may be sold by public auction under the orders of the Commissioner, unless the warrant is suspended by him or the sum due is paid by the defaulter together with all costs incidental to the notice, warrant, distress, attachm
Where a bill for any sum due on account of any property tax is served upon an occupier of premises pursuant to section 391, the Commissioner may at the time of service or at any subsequent time cause to be served upon the occupier a notice requiring him to pay to the Corporation any rent due or falling due from him to the person primarily liable for the payment of the said tax to the extent necessary to satisfy the said sum due.
(2) Such notice shall operate as an attachment of the said rent until the said sum due on account of property tax shall have been paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom the said rent is due for any sum paid by him to the Corporation in pursuance of such notice.
(3) If the occupier shall fail to pay to the Corporation any rent due or falling due which
Where the warrant is to be executed outside the limits of the City, the Commissioner may by endorsement direct the person to whom the warrant is addressed to sell the property distrained or attached; and in such case it shall be lawful for such person to sell the property and to do all things incidental to the sale in accordance with the provisions of section 179 and to exercise the powers and perform the duties of the Commissioner under sub-sections (1) and (2) of section 179 in respect of such sale except the power of suspending the warrant. Such person shall after deducting all costs of recovery incurred by him, remit the amount recovered under the warrant to the Commissioner who shall dispose of the same in accordance with the provisions of section 179.
The fees for every notice or warrant issued and for the maintenance of any livestock seized under this chapter shall be chargeable at the rates specified in this behalf in the byelaw of the Corporation and shall be included in the cost of recovery to be levied under section 175.
If any sum recoverable under the provisions of this chapter is due or is about to become due from any person, and if the Commissioner shall have reason to believe that such person is about to leave the limits of the city, the Commissioner may after recording such reasons, direct the immediate payment by such person of such sum and cause a bill for the same to be presented to him.
(2) If, on presentation of such bill, the said person does not forthwith pay the said sum or does not furnish security to the satisfaction of the Commissioner, the amount shall be levied by distress and sale of his movable property or by attachment and sale of his immovable property in the manner specified in this chapter except that it shall not be necessary to serve upon him any notice of demand and the Commissioners warrant for distress and sale may be issued and executed without any delay.
Appeals against any notice of demand issued under sub-section (1) of section 174 may be made to the Appeal Committee constituted under section 403 and in the manner prescribed therein:
1[Provided that the appeal shall not be entertained unless the sum due under section 174 is deposited in the Corporation and a copy of the receipt is enclosed with the appeal memo.]
1 Ins. by M.P. Act 12 of 2000, w.e.f. 2-5-2000.
(2) No such appeal shall be heard and determined unless-
(a) a written objection has been made and determined in accordance with the provisions of this Act; and
(b) the amount claimed from the appellant has been deposited by him in the Corporation office, and a receipt thereof has been filed w
All sums due from any person in respect of taxes on any land or building shall, subject to prior payment of any land revenue in respect of it due to the Government be a first charge upon the said land or building and upon any movable property found within or upon such land or building and belonging to the said person:
Provided that no arrears of any such tax shall be recoverable from any occupier who is not the owner, if such arrears are for a period during which the occupier was not in occupation.
For every sum paid on account of any tax under this Act, a receipt shall be tendered by the person receiving these payments, stating the sum and the tax on account of which It has been paid
The Commissioner may, with the previous approval of the 2[Corporation], order to be struck off the books any sum due on account of any tax or of the costs of recovering any tax, which ,nay appear to him to be irrecoverable.
2 Subs. by M.P. Act 12 of 2000. w.e.f. 2.5-2000 for "Mayor-in- council"
If any toll or cess import is not paid on demand, the oficer empowered to collect the same may seize any article on which the cess on imports is chargeable, or any animal on which the toll is chargeable for any part of the burden borne by such animal, sufficient value to satisfy the demand.
(2) The Commissioner after the lapse of five days from the seizure and after the issue of a proclamation fixing the time and place of sale, may cause any property so seized, or so much thereof as may be necessary, to be sold by auction to satisfy the demand with the expenses occasioned by the seizure, custody and sale thereof, unless the demand and expenses are in the meantime paid:
Provided that, by order of the Commissioner, articles of a perishable nature which cannot be kept for five days without serious risk of damage may be sold after the laps
No objection shall be taken to any valuation or assessment, nor shall the liability of any person to be assessed or taxed be questioned in any other manner or by any other authority than as provided in this Act.
(2) The Government may make rules under this Act regulating the refund of taxes and such rules may impose limitations of such refunds.
(3) No refund of any tax shall be claimed by any person otherwise than in accordance with the provisions of this Act and the rules 1[and the byelaws] made thereunder.
1 Ins. by section 3(2) of the MP Act 13 of 1961.
Notwithstanding anything contained in this Act, the Corporation may, by public auction or private contract lease the recovery of any of the taxes and fees which may be imposed under this Act, subject to the condition and limitation, if any, prescribed by the State Government in this behalf.]
2 Ins. by M.P. Act No. 16 of 1994 [30-5-94).
For the purpose of flushing and cleansing drains the Commissioner may construct or set up such reservoirs, sluices, engines and other works as he may from time to time deem necessary.
The Commissioner may cause all or any municipal drains to empty into any place, whether within or without the limits of the Corporation, and may dispose of the sewage at any place, whether within or without the limits of the Corporation, and in any manner which he may deem suitable:
Provided that the Government may prohibit the Commissioner from causing any municipal drains to empty into any place or from disposing of any sewage at any place or in any manner, which it considers unsuitable.
Provided that the Government may prohibit the Commissioner from causing any municipal drains to empty into any place or from disposing of any sewage at any place or in any manner, which it considers unsuitable.
For the purpose of receiving, storage, disinfecting, treating, purifying, distributing or otherwise disposing of sewage the Commissioner may-
(a) construct any work within or without, the limits of the Corporation;
(b) purchase or take on lease any land, building. engine, material or apparatus, either within or without the limits of the Corporation; and
(c) enter into an arrangements with any person, for a period not exceeding three years, for the removal or disposal of sewage within or without the limits of the Corporation.
The Commissioner may enlarge, arch over or otherwise improve any municipal drains and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary:
Provided that 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, provided for his use some other drains as effectual as the drain which has been discontinued, closed up or destroyed.
Drains and Privies
The Corporation shall provide latrines and urinals for the use of the public at such places as it may deem convenient and necessary
1[(l) Where the Commissioner is of the opinion that,-
1 Subs. by MP 7 of 1988.
(a) any drain, privy, latrine, urinal, absorption pit, disposal work, cess pools or other receptacle for filth or refuse may be moved or removed;
(b) any privy or cess pool or additional privies or cess pools should be provided in or on any building or land or that in any Municipal Corporation in which a water closet system has been introduced such water closets should be substituted for the existing privies in or on any building of land, or that additional water closet should be provided thereon; or
(c) Pure-water flush latrines or any other type of latrines should be substituted for the existing service latrines in any building or on land within the limits of Corpora
The Commissioner may by notice, require the owner or occupier of any building or land to repair, alter or put in good order any private drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or receptacle for any filth or refuse, or to close or destroy any private drain, privy, latrine, urinal, absorption pit, disposal work or cesspool belonging thereto, or direct that such private drain shall, from such date as he prescribes in this behalf, be used for offensive matter and sewage only, or for rain-water and unpolluted sub-soil water only, and by written notice require the owner or occupier of the premises to make an entirely distinct private drain for rain- water or for unpolluted sub-soil water or for offensive matter and sewage.
(2) No drain connecting any premises with a municipal drain or other place set apart for the discharge for drainage may be closed, disc
The Commissioner may, by notice 2[construct any new drain, privy, urinal, absorption pit,] disposal work, cesspool or receptacle for filth or refuse without his permission in writing or contrary to his directions of the provisions of this Act or the rules or byelaws made thereunder or who may construct, rebuilt or open any drain, privy, latrine, urinal, absorption pit, work, cesspool or receptacle for filth or refuse which the Commissioner has ordered to be demolished or stopped or not to be made, to demolish the drain, privy, latrine, urinal, ab1orption pit, disposal work, cesspool or receptacle, or to make such alteration therein as he may think fit.
2 Subs. by section 3(2) of the M.P. Act 13 of 1961.
The Commissioner may, by notice, require any person who without his permission in writing may newly erect or rebuild any building over any drain, conduit, watercourse, pumping main, or water pipe vested in the Corporation, to pull down or otherwise deal with the same as the Commissioner may think fit.
The Commissioner may, by notice, require any owner or occupier on whose land any drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or other receptacle for filth or refuse for the time being exists within a hundred feet of any spring, well, tank, reservoir, or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice.
(2) Whoever, without the permission of the Commissioner makes or keeps for a longer time than one week after the issue of notice under this section, any drain, privy, latrine, urinal, absorption pit disposal work, cesspool or other receptacle for filth or refuse, within hundred feet of any spring, well, tank, reservoir or other source from which water is or may be derived for public use, shall be punishable with fine which may extend to fifty rupees, and, which a
Whoever without the permission of the Commissioner causes or knowingly or negligently allows the contents of any sink cesspool or any other offensive matter to flow, drair, or be put upon any street or public place, or into any irrigation chromel or any drain not set apart for the purpose, shall be punished with fine which may extend to twenty rupees.
Whoever, without the permission of the Commissioner makes or causes to be made, or alters or causes to be altered, any drain, leading into any of the drains vested in the Corporation, shall be punished with fine which may extend to fifty rupees.
The Commissioner may, by notice, require the owner or occupier of the land or building to cleanse, repair, cover, fill up or drain off any private well, tank, reservoir, pool, depression or excavation therein which may appear to the Commissioner to be injurious to health or offensive to the neighbourhood:
Provided that if for the purpose of effecting any drainage under this section it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person, the Corporation shall provide such land or pay such compensation.
It shall not be lawful to erect or re-erect any building, or premises any part of which is within one hundred feet of a municipal drain or of some place set apart by the Commissioner for the discharge of drainage or to occupy any such building newly erected or re- erected unless and until-
(a) a drain has been constructed which, in the opinion of the Commissioner, shall be sufficient for the effectual drainage of such building to such municipal drain or place; and
(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 effectually flushing the drain of the said building and every fixture connected t
Wherever it is provided in this Act that steps shall or may be taken for the effectual drainage of any premises, the Commissioner may require that there shall be one drain for offensive matter and sewage and another drain for rain-water and unpolluted sub-soil water, each emptying into separate municipal drains or other places set apart by the Commissioner for the discharge of drainage, or into other suitable places.
If it appears to the Commissioner that the only means by which the owner or occupier of any building or land can conveniently cause his drain to empty into a municipal drain or other place set apart by the Commissioner for the discharge of drainage, is by carrying the same into, through or under any land belonging to or occupied by some person other than the said owner or occupier, the Commissioner shall give such other person a reasonable opportunity of stating any objection and if no objection is raised, or if any objection which is raised, appears to him invalid or insufficient, may, 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 may think fit to allow.
(2) Subject to the provisions of this Act, on receipt of any such order bearing the signature of the Commissioner, the person in whose fa
Every owner of a drain connected with a municipal drain or other place set apart by the Commissioner for drainage shall be bound to allow the use of it to other persons, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 208.
Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner may make a private arrangement with the owner for permission to use his drain, or may apply to the Commissioner for authority to use such drain or to be declared a joint owner thereof.
Where the Commissioner is of opinion whether on receipt of an application or otherwise, that the most convenient means by which the owner or occupier of any premises can drain such premises is through a drain belonging to some person other than the !laid owner or occupier, the Commissioner shall give the owner of the drain a reasonable opportunity of stating his objection thereto, and, if no objection is raised or if any objection which is raised appears to him invalid or insufficient, may, by an order in writing, authorise the said owner thereof, on such conditions as may appear to him equitable with regard to the payment of rent or compensation and to connecting the drain of the said premises with the communicating drain and to the respective responsibilities of the parties for maintaining, repairing, flushing and cleaning the joint drain.
(2) Every such order, bearing the signa
If, in the opinion of the Commissioner any part of a group or block of premises is situated conveniently near a municipal drain already existing or about to be constructed or a place set apart by the Commissioner for the discharge of drainage, and if the Commissioner is of opinion that such group or block can be drained more economically or advantageously in common that separately, he may give the owners of all the premises a reasonable opportunity of stating any objection, and, if no objection is raised or if any objection which is raised appears to him invalid or insufficient, may cause such group or block to be drained by such method as appears to him to be most suitable therefor, and the expenses incurred by him in so doing shall be paid by the owners of such premises in such proportions as the Commissioner may think fit.
(2) No less than fifteen days before any work under thi
) In the case of premises abutting on a public street in which there is a municipal drain and in the case of premises drained in pursuance of the provisions of this Chapter, the Commissioner shall construct at the expenses of the owner of the said premises such portion of the drain of the said premises as may be necessary to lay under any part of as public street.
(2) The portion of any connecting drain so laid under a public street shall vest in the Corporation and be maintained and kept in repair by the Commissioner as a municipal drain.
(3) The remainder of every drain constructed, erected, set up or continued for the sole use and the benefit of any premises shall-
(a) vest in the owner of such premises;
&
For the purpose of ventilating any drain, whether belonging to the Corporation or to any other person, the Commissioner may, after giving not less than four days written notice to the occupiers of the premises erect upon any premises or affix to the outside of any building, or to any trees, any such shaft or pipe as may appear to him necessary and may 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 may 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 intended to be ventilated.
(2) Any shaft or pipe so erected or affixed shall-
(a) be carried at least fifteen feet higher than any skylight or window situated within
All drains and fittings thereof (including ventilation shafts and pipes) constructed or set up at the cost of the municipal fund all drains constructed at the cost of a private person on or under any municipal land shall vest in the Corporation.
The Commissioner shall provide or appoint in proper convenient situations, public receptacles, depots and places for the temporary deposit or final disposal of rubbish, offensive matter, sewage and the carcasses of dead animals, accumulating in the city.
(2) All things deposited in receptacles, depots or places provided or appointed under this section shall be the property of the Corporation.
The Commissioner may give public notice that the collection and removal of sewage, offensive matter and rubbish from the lands and buildings in any part of the city will be undertaken in municipal agency, he shall then forthwith take measures for the due collection and removal of such matter from any lands and buildings situated in the said part of the city.
The Commissioner may, by public notice, direct that all rubbish and offensive matter accumulating in any premises in any street or quarter of the .city, specified in the notice shall be collected by the occupier of such premises and deposited in a box, basket or other receptacle, of a kind 1[prescribed by byelaws] by the Corporation, to be provided by such occupier and kept near the entrance to, or, where open space is available, within the premises.
1 Subs. by MP. Act 13 of 1961.
(2) The Commissioner may cause public dust-bins or other convenient receptacles to be provided at suitable intervals and in proper and convenient situations in streets or quarters in respect of which no notice issued under sub-section (1) is for the time being in force; and may, by public notice, direct that all rubbish and offensive matter except trade refuse
No person-
(a) shall throw or place or cause to be thrown or placed any rubbish, offensive matter or sewage, on any street, or in any place not provided or appointed for the purpose under the provisions of this Act;
(b) who is the owner or occupier of any land or building shall allow any sewage or offensive matter to flow, soak or be thrown therefrom, or keep or suffer to be kept therein or thereupon, anything so as to be nuisance to any person, or negligently suffer any receptacle or place for deposit of offensive matter or rubbish on his premises to be in such a state as to be offensive or injurious to health.
The Commissioner may from time to time-
(a) set apart suitable places for use by the public for bathing or for washing animals, or for washing or drying clothes or other material;
(b) specify the times at which and the sex of persons by whom such places 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; and
(d) charge fees for the use of such place by any specified class or class of persons or by the public generally.
No person shall-
(a) steep in any bank, reservoir, stream, well, trough or ditch any animal, vegetable or mineral matter likely to render the water thereof, offensive or dangerous to health;
(b) while suffering from any contagious, infectious or loathsome disease, bath in or near any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream, well or trough, or any part of a river within the limits of the Corporation or within five miles upstream from the Corporation boundary.
The Commissioner may, by public notice, prohibit the washing of clothes by washermen in exercise of their calling except at such places as he may appoint for this purpose; and after such prohibition no washerman shall wash clothes at any place not appointed for this purpose except for himself or for the owner or occupier of such place.
(2) Washing places to be provided for washermen.-The Commissioner shall provide suitable places for the exercise of their calling by washermen, and may require with the approval of the Mayor-in-Council the payment of such fees for any such place as he may from time to time determine.
For the purpose of providing a supply of water proper and sufficient for public and private purposes, the Commissioner may, either within or without the City-
(a) construct and maintain waterworks and do all acts which may be necessary or expedient in connection with such construction or maintenance;
(b) purchase or take on lease any waterwork or any water or right to store water or to take and convey water; or
(c) enter into any arrangement with any person for the supply of water:
Provided that if in the city any Government Department is administering and controlling water-supply, the Commissioner shall not make any such arrangement without prior approval of the Government and the arrangement shall be subject to the terms and conditions laid do
The Commissioner may supply water for any purpose on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.
(2) The supply of water shall be made upon such terms and conditions as to payment and quantity and for such period, as the Corporation may prescribe 1[by byelaws] in this behalf.
1 Ins. by section 3(2) of the M.P. Act 13 of 1961.
(3) The corporation may, on such terms as it may think fit, undertake to supply water to any area outside the city from the waterworks maintained by the Corporation and do other acts ancillary thereto.
Where an application under section 221 has been received all necessary communication pipes and fittings shall be supplied by the Commissioner and the work of laying and applying such communication and fitting shall be executed by municipal agency under the Commissioners orders; but the cost of making any such connection and of all communication pipes and fittings so supplied and of all work so executed, shall be paid by the owner or the person making such application. The Commissioner shall provide a matter and charge rent for the same.
Any owner or occupier of any land or building in or on which water supplied under this Act is misused from negligence or other circumstances under his control or in which the pipes, mains or other work are out repair to such an extent as to cause waste of water, shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the Commissioner may appoint in this behalf.
Neither the owner nor occupier of any land or building in which pipes mains, or other works are situated, nor the Corporation shall be liable to pay compensation to any person for any damage caused by any leakage of water or any failure to keep in repair such pipes, mains or other works, unless the owner or occupier or the Corporation has knowledge thereof and has failed to take reasonably prompt action to report the same to the prescribed officer or to stop the leakage or to execute the required repairs, as the case may be.
If any person whose premises are supplied with water neglects to pay any sum payable under section 221 when due, or to give notice as provided in section 223 or wilfully or negligently misuses or causes waste of water the Commissioner may cut off the supply of water to the premises.
Whenever water is supplied under this chapter through a meter, it shall be presumed, that the quantity indicated by the meter has been consumed, until the contrary is proved.
No person shall-
(a) wilfully or negligently injure or suffer to be injured wells, reservoirs, mains, pipes or other appliances for the supply of water under the management of control of the Corporation;
(b) draw off, divert or take any water from any municipal well, reservoir, main, or pipe, except in accordance with direction made in this behalf; or
(c) tamper with any meter under the management or control of the Corporation.
No person shall-
(a) open or keep open the valves of any water-works used for the supply of water to the public by any means other than the use of pressure by the hand; or
(b) having opened such valve, fail to close the same or leave the same open or tamper with any valve or hydrant not intended for the supply of water to the public.
Except with the permission of the Corporation, no person shall-
(a) erect any building of any purpose whatever on any part of the area enclosed by the boundary-fence of any lake or reservoir from which supply of water is derived for a municipal waterwork; or
(b) remove, alter, injure, damage or in any way interfere with the aforesaid boundary-fence.
Except as provided hereinafter, no person shall-
(a) bathe in or near any water-works belonging to the Corporation; or
(b) wash, throw, or cause any animal to enter into the water of such works; or
(c) throw any rubbish, dirt, filth or any other thing whatsoever into the water of such works;
(d) wash or cleanse therein any cloth, wool, leather or skin of any animal or any clothes or other things;
(e) cause the water of any sink, drain, steam engine, boiler or other filthy water belonging to him or under his control to run, percolate or be brought, into any such waterworks or do any other act whereby the water in such works may be fouled or polluted or its quality altered.
If an offence against any provision of Chapters XIII, XIV, XV or XVI or against any rules or byelaws made under the provisions of this Act made in this behalf, has been committed on any premises to which a private supply of water is furnished by the Corporation, it may be presumed, until the contrary is proved, that such offence has been committed by the occupier of the said premises.
In carrying out the duties imposed on the Corporation by clause (b), (c), (j) and (1) of section 66 or exercising the powers conferres upon it by sections 190, 191, 192, 193, 211, 213, and 214, the Corporation shall not cause any nuisance which in the circumstances of the case can reasonably be avoided.
(2) The Commissioner shall make reasonable compensation to any person who has sustained damage occasioned by the carrying out of any such operations:
Provided that no compensation shall be claimed or paid for inconvenience unavoidably caused.
Subject to the provisions of any law for the time being in force, the Commissioner may carry any cable, wire, pipe, drain or channel of any kind required for the establishment or maintenance of any system of drainage, water-supply or lighting through, across, under or over any street or any place laid out as or intended for a street, and also after giving reasonable notice in writing to the owner or occupier, through, across, under, over or along side any land or building whatsoever within or without the city, and may place and maintain in any immovable property in the city or without the city, any posts, poles, standards, brackets or other contrivances for supporting cables, wires, pipes, channels and lights and may do all acts necessary or expedient for repairing and maintaining any such cable, wire pipe, drain, channel, post, pole, standard, brackets or other similar contrivance in an effective state for the purpose for wh
In the event of any cable, wire, pipe, drain, sewer, or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.
Except in cases to which sections 372, 373 and 374, relate, the Commissioner shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing any operations under section 233.
No person shall, without the permission of the Commissioner, at any time, make or cause to be made, any connection or communication with any cabh~ wire, pipe, ferrule, drain, or channel constructed or maintained by or vested in the Corporation for any purpose whatsoever.
(2) Any person acting in contravention of the terms of sub- section (1) shall be punishable with a fine not exceeding fifty rupees.
Where any premises have no drain communicating with a public sewer, or a drain insufficient for the effectual drainage of the premises, or a drain not adapted to the general sewerage system of the City, or a drain which is in the opinion of the Commissioner otherwise objectionable, the Commissioner may by notice, require the owner of the premises to make satisfactory provisions for the drainage of the premises or to do such other work within such time as may, in the opinion of Commissioner, be necessary for remedying the cause complaint or to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Commissioner thinks necessary and drain or drains emptying into such cesspool.
The Commissioner may establish meters or other appliances for the purpose of testing the quantity or quality of electricity supplied to the premises of any person or for the use of any person or business.
The ferrules, communication pipes, connections, meters, standpipes and all fittings thereon or connected therewith, leadings from mains or service cables, wires, pipes, fittings and works inside any such house or within the limits of any such land, shall in all cases, be executed to the satisfaction of the Commissioner.
Subject to the provisions of any law for the time being in force, the Commissioner may with the approval of the Mayor-in-Council, from time to time, fix the scales of charges which the Corporation may make for establishing communications from and connections with main or service cables or for installing wires and pipes for the supply of electricity or water or for use of meters or other appliances for testing the quality or quantity thereof and may levy such charges from the owner or occupier as the circumstances may require.
The Commissioner may, by notice, require the owner of any building or land in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying water and sullage from the land or building and for discharging the same so as not to cause inconvenience to person passing along with street.
(2) For the purpose of efficiently draining any building or land the Commissioner may by notice in writing-
(a) require any court-yard, alley or passage between two or more buildings to be paved by the owner or part-owner or owners or part-owners of such buildings with such materials and in such manner as may be approved by the Commissioner; and
(b) require such paving to be kept in proper repair.
In dealing with municipal drainage, sewage and water-works schemes, the Commissioner shall follow the general principles laid down by the Corporation, for any scheme of sewage or drainage or water- works and may refer to the Mayor-in-Council any question connected with the carrying out of such a scheme in which the intention of the Corporation does not appear to him to have been clearly expressed, or in which the provisions of the scheme appear to him to require modification. The Mayor-in-Council shall in its discretion either decide the question or refer the matter for the orders of the Corporation:
Provided that any question involving the expenditure of a sum, exceeding one lakh of rupees shall be referred to the Corporation for orders.
Without the written permission of the Commissioner no building, wall or other structure shall be erected or re-erected, and no street, railway, electric or telephone line or similar other structure shall be constructed over any municipal drain or water or airmain.
(2) If any building, wall or other structure is erected, or re- erected or constructed in contravention of the provisions of sub- section (1), the Commissioner may, subject, to the provisions of any law for the time being in force, remove the same or otherwise deal with it as he may think fit. The expenses incurred by him under this sub-section shall be paid by the person offending.
No drainage, sewage or waterworks scheme involving an expenditure of a sum of five lakhs of rupees or more shall be sanctioned by the Corporation without the previous approval of the Government.]
1 Ins. by section 3(2) of the M.P. Act 13 of 1961.
Any municipal sewage or drainage scheme or any municipal water-works may be inspected by a person appointed by the Government in this behalf, and the Commissioner or any such person may at all reasonable times-
(a) enter upon and pass through any land whether within or without the city adjacent to or in the vicinity of such a drainage or sewage scheme or such water-works in whomsoever such land may vest,
(b) after giving not less than two days written notice to the occupiers, cause to be conveyed into and through any such land, all necessary men, materials, tools and implements.
If in the exercise of any of the powers conferred by section 233 or 244 any damage or inconvenience is caused, which in the circumstances could reasonably have been avoided, the Corporation or the Government shall pay compensation according as the damage or inconvenience is caused by the Corporation or by a person appointed by the Government.
No person shall-
(a) newly established, or
(b) remove from one place to another, or
(c) re-open or renew after discontinuance for a period not less than three years, or
(d) enlarge or extend the area, or dimensions of any factory, workshop or bakery in any area, other than an area set apart for the accommodation of industries by an Act, for the time being in force or by any local authority,
except with the permission of the Commissioner and in accordance with the terms and conditions stated in such permission:
Provided that no such permission shall be required in the case under clause (c) if during the period of discontinuance the machinery has not been r
Whenever it appears to the Commissioner that any factory, workshop or workplace or any building or place in which mechanical power is employed is not kept in a cleanly state, or is not ventilated in such a manner as to render as far as practicable harmless any gas, vapour, soot or other impurity generated in the course of work carried therein, or is so overcrowded during working hours as to be dangerous or injurious to the health of the persons employed therein, or that any 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 thereof to take such order 1[in respect thereof] as the Commissioner shall think fit to order.
1 Ins. by S. 3(2) of M.P. Act 13 of 1961.
(2) Nothing in this section shall be deemed to affect any provision of the Indian B
Except in accordance with the provisions of this Act, no person shall-
(a) store or keep in premises any articles mentioned in any byelaws made under this Act as dangerous or offensive, or as being, or likely to be a nuisance to the public, or dangerous to life, health or property;
(b) store or keep in any premises the hide or any part of the carcass of any animal afflicted at the time of its death with infectious or contagious disease; or
(c) carryon or allow to be carried on any premises any trade, manufacture, industry or operation mentioned in any 2[byelaws] under this Act as dangerous to life, health or property or as likely to create a nuisance, either from its nature or by reason of the manner in which the conditions under which the same may be carried on:
No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely:-
(a) carrying on within the City the trade or operations of a farrier;
(b) keeping articles in excess of the maximum laid down for such articles by the byelaws;
(c) keeping any article which, except for domestic purposes, is prohibited by any byelaws;
(d) keeping in or upon any building used or intended to be used as a dwelling house or within fifteen feet of such building any quantity of cotton in excess of such quantity as may be prescribed by 3[bye laws] in this behalf;
3 Ins. by S.3(2) of M.P
No person engaged in any trade or manufacture which may be specified in the byelaws shall-
(a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for storing 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, or
(b) wilfully do any act connected with such trade or manufacture whereby the water in any such lake, tank, reservoir, cistern, well duct or other place for storing water is fouled or corrupted.
(2) 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 connected with any s
Subject to the byelaws made by the Corporation in this behalf, the Commissioner may, at any time, by day or night, and without notice, enter into or upon any premises used for any of the purposes mentioned in section 249 or upon any premises in which furnace is employed for the purpose of any trade or manufacture or into any bakery, in order to satisfy himself that there is no contravention of any provision of this Act or any rule or byelaws made thereunder or of any condition of any licence granted under this Act, or that no nuisance is being created upon such premises.
(2) No claims for compensation shall lie against any person for any damage which may unavoidably be caused by any such entry or by the use of any force necessary for affecting such entry:
Provided that force shall not be used for effecting an entry unless there is reas
No exhibition by cinematograph or other apparatus in which inflammable film is used, no public dramatic performance, circus, or pantomime, shall be given within the limits of the City except in premises for which a licence has been granted by Commissioner under this section.
(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes part in any public dramatic performance, circus or pantomine or if the occupier of any premises allows those premises to be used, in contravention of the provisions of this section or of any condition of the licence granted under this section, he shall be liable to a fine not exceeding two hundred rupees and in the case of a continuing offence, to a future penalty of fifty rupees for each day during which the offence continues, and his licence shall be liable to be revoked by the Commission
The Corporation may at its discretion permit the establishment of a new private market in the City or in any specified portion thereof.
(2) No person shall establish a new private market for the sale of animals intended for human food, or for the purpose of exposing them for sale, except with the sanction of the Corporation.
(3) When the establishment of a new private market is sanctioned the Commissioner shall cause a notice of the sanction to be exhibited in some conspicuous spot on or near the building or place where such market is to be held.
Except under a licence granted by the Commissioner in accordance with the general or special orders issued by the Mayor-in-Council in that behalf, and in conformity with its terms, no person shall establish or keep a private market or when established, remove it from one place to another, or re-open or re-establish it after it has been closed for a period in excess of twelve months, or enlarge its area or dimensions:
Provided that the Commissioner shall not refuse a licence to keep a private market or cancel or suspend the same for any cause other than the owners failures to comply with this Act or the terms of his licence after compliance has been required of him.
(2) when the Commissioner has refused, cancelled or suspended any licence to keep a private market, he shall cause a notice thereof, to be conspicuously exhibited near the b
Without a licence from the Commissioner no person shall sell or expose for sale any animal or any meat or fish intended for human food in any place other than a Corporation or licensed market.
(2) Nothing in sub-section (1) shall apply to meat or fish sold in any hotel or eating-house for consumption on the premises.
The Corporation may, and if required by the Government shall, by byelaw-
(a) prohibit the manufacture, sale or preparation or exposure for sale, of any specified article of food or drink, in any place or premises not licenced by the Corporation;
(b) regulate the hours and manner of transport of any specified articles of food or drink within the City and prescribe the route by which such articles shall be carried;
(c) prohibit the sale of milk, butter, ghee, curd, meat, game, fish, and poultry by persons not licensed by the Corporation;
(d) prohibit the import by persons not licensed by the Corporation of milk, cream, butter, ghee, curd, meat, game, fish and poultry within the City for sale;
(e) provi
The Corporation may and when required by the Government shall fix places, either within or with the approval of the Government without the limits of the city for the slaughter of animals or of any specified description of animals for sale, and may with the like approval grant and withdraw licences for the use of such premises, or if they belong to the Corporation may charge rent or fees for the use of the same.
(2) When such places have been fixed by the Corporation beyond municipal limits it shall have the same power to make byelaws for the inspection and proper regulation of the same as if they were within those limits.
(3) When any such premises have been fixed no person shall slaughter any such animal for sale within the city at any other place.
(4) (a) No person shall without the writt
Whenever any animal in the charge of any person dies otherwise than by slaughter for sale or for a religious purpose such person shall within twenty-four hours either-
(a) onvey the carcass to the place fixed by the Corporation for the disposal of dead animals or to any place at least one mile beyond the limits of the city; or
(b) give notice of the death to the Commissioner who shall cause the carcass to be disposed of.
(2) For the disposal of dead animals under clause (b) of sub- section (1) the Commissioner may charge such fees as the Corporation may fix by public notice.
(3) For the purpose of this section the word "animal" shall include horned cattle, elephant, camels, horses, ponies, asses, mules, deer, sheep, goats, and swine.
&
No person shall sell, expose or hawk or keep for sale any animal intended for human consumption which is diseased, and no person shall sell, store for sale, expose or hawk for sale or manufacture any food, drink or drug intended for human consumption or medical treatment which is unsound, unwholesome, adulterated or unfit for human consumption.
No person shall keep or permit to be kept in any shop or place in which milk is stored or in any manufactory, shop or place in which butter, ghee, wheat, flour, mustard oil, tea, edible oil, edible fat or any article notified by the Government in this behalf is manufactured or stored, any substance intended to be used for adulteration of such milk, butter, ghee, wheat, flour, mustard oil or other article.
(2) If any article capable of being so used is found in any such manufactory, shop or place, the Court shall, unless and until the contrary is proved, presume, in any prosecution under this section, that it is intended to be used for adulteration.
No person shall, directly or indirectly, sell, expose or hawk for sale or manufacture or store for sale any drug or article of food or drink to VI which the Government has by notification applied this section unless it fulfills the conditions specified in such notification.
No person shall sell, or offer, expose, manufacture or store for sale, as being specified drug or article of food or drink to which the Government has by notification applied this section, any article hereinafter referred to as substitute which resembles or purports to be notified drug or article but differs therefrom in nature, substance or quality.
No person shall, directly or indirectly, himself or by any other person on his behalf, seil, expose or hawk for sale, or manufacture or store for sale any article of food or drink which is not of the nature, substance or quality it is represented to be:
Provided that an offence shall not be deemed to be committed under this section in the following cases, namely: -
(a) where any matter or ingredient not injurious to health has been added to any article of food or drink in order to facilitate the production or preparation of the same as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight or measure of the article or to conceal the inferior quality thereof; or
(b) where any article of food or drink is unavoidably mixed with some
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 limits of the city the trade or business of a dealer in milk or milk products or of an importer, vendor or hawker of the same, or a dairyman; or
(b) use any place as a dairy or cattle pen or for the sale of milk or milk product
In any prosecution under sections 259, 260 261 and 262-
(a) the Court shall, until the contrary is proved, presume that any animals, food, drink, drug or substitute therefor found in the possession of a person who is in the habit of selling that class of animal or of manufacturing, storing or selling such articles, was being kept, manufactured or stored for sale by such person;
(b) no such person shall plead that he was ignorant that the animal, foods, drink, drug or a substitute was diseased, unsound, unwholesome, unfit for human consumption or adulterated or did not fulfill the conditions specified, or was substitute, as the case may be;
(c) no offence shall be deemed to have been committed where such person proves to the satisfaction of the Court that he obtained the food, drink, drug,
When any person has been discharged or acquitted of an offence on the grounds mentioned in clause (c) of section 265 and the warranty proves to be incorrect or misleading, the warrantor shall be liable to be prosecuted for such offence and the provisions of section 265 shall apply in a like manner as if he were himself the seller or storer, as the case may be.
Any Councillor or any committee authorised by the Mayor in this behalf or any officer of the Corporation duly authorised in this behalf by the Commissioner may enter into and inspect any market, building, shop, stall or place used for the sale of any animal, food, drink or drug intended for human consumption or medical treatment or for the preparation, manufacture or storage of the same for sale, and may inspect and examine any such animal, food, drink or drug and any utensil or vessel used for preparing, manufacturing or containing any such food, drink or drug.
(2) If any such animal appears to such officer to be diseased, or if any such food, drink or drug appears to him to be un-sound unwholesome or unfit for human consumption or medical treatment, as the case may be, or to be adulterated, or not to fulfill the specified conditions or to be substitute or if any such utensils or
When any animal, food, drink, drug, utensil or vessel is seized under sub-section (2) of section 267, it may be destroyed by the officer making the seizure with the consent of the owner or the person in whose possession it was found.
(2) The officer destroying any animal, food, drink, drug, utensil or vessel under sub-section (l) shall report such destruction to the Health Officer.
(3) If any food, drink, or drug seized under sub-section (2) of section 267 is of perishable nature and is in the opinion of the officer making the seizure, infected, unsound, unwholesome or unfit for human consumption or medical treatment, it may, with the previous sanction of the Health Officer be distroyed without the consent referred to in sub-section (1).
(4) The expenses incurred in taking any action under
Any animal, food, drink, drug, utensil or vessel seized under sub-section (2) of section 267 but not destroyed in pursuance of section 268 shall, subject to the provisions of sub-section (3) of section 267 be taken before a Magistrate as soon as may be after such seizure.
(2) If it appears to the Magistrate that such animal, food, drink, drug, utensil or vessel was rightly seized, he shall cause the same to be forfeiteo to the Corporation or to be destroyed at the expense of the person in whose possession it was found at the time of its seizure.
(3) If the Magistrate is of the contrary opinion, the person from whose shop or place it was taken shall be entitled to have it restored to him and it shall be in the discretion of the Magistrate to award him such compensation, not exceeding the actual loss or expenses which he has sustained or
Any animal, food, drink, drug in respect of which any authority exercising powers under this chapter passes an order of destruction or disposal so that it cannot be used as food or medicine, shall thereupon be deemed to be the property of the Corporation.
The provisions of this chapter shall, so far as they are applicable, apply to such other articles also as the Government may by notification in the Gazette declare to be dangerous for human use.
1CHAPTER XXI - On Restraint of Infection
1 Ins. by S. 3(2) of the M.P, Act 13 of 1961
Whoever-
(a) being a medical practitioner or a person openly and constantly becoming cognisant of the existence of any dangerous disease in any dwelling other than a public hospital, or
(b) being the owner or occupier of such dwelling and becoming cognisant of the existence of any such disease therein, or
(c) being the person in charge of, or in attendance on, any person suffering from any disease in such dwelling, and becoming cognisant of the existence of the disease therein:
fails forthwith to give information, or knowingly gives false information to the Health Officer or to any other officer to whom the Corporation may require information to be given respecting the existence of such disease, shall be punishable with fine which may extend to
The Health Officer or any other municipal officer authorised by him in this behalf, may, at any time by day or by might, without notice, or after giving such notice of his intention as may, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reported or suspended to exist, and take such measures as he may think fit to prevent the spread of the disease beyond such place.
If it appears to the Health Officer that the water in any well, tank or other place is likely, if used for the purpose of drinking or for any other domestic purpose, to endanger or cause the spread of any dangerous disease, he may by public notice prohibit the removal or use of the said water for such purpose.
(2) No person shall remove or use for such purpose any water in respect of which any such public notice has been issued.
When, in the opinion of the Health Officer any person is suffering from a dangerous disease and is also without proper lodging or accommodation or lodged in such a manner that he cannot be effectually isolated so as to prevent the spread of infection and the said officer considers that such person should be removed to a hospital or place at which patients suffering from such disease are received for medical treatment, he may, with the approval of the Commissioner, direct or cause the removal of such person to such hospital or place:
Provided that all costs incurred for the removal and the treatment of any such patient shall be borne by the Corporation:
Provided also, that if any such person is a woman, she shall not be removed to any such hospital or place unless the same has accommodation for women, of a suitable kind, and set apart f
If the Health Officer 1[or any officer] of the Corporation authorised by him in this behalf, is of opinion that the cleansing or disinfecting of any building or any part of a building, or of any article therein which is likely to retain infection, or of any tank, pool or well, adjacent to a building, would tend to prevent or check the spread of any dangerous disease, he may cause to be cleaned or disinfected such building or part thereof, or article, tank, pool or well and may by written notice, require the occupier of such building or any part thereof to vacate the same for such time as may be prescribed in such notice.
(2) The cost of cleansing or disinfecting any building or part thereof, or any article therein under sub-section (1) shall be paid by the occupier of such building and the cost of cleansing or disinfecting any tank, pool or well under the said sub- section, shall
If the Health Officer is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any dangerous disease, he may and with the approval of the Commissioner after giving to the owner or occupier of such hut or shed such previous notice of his intention as he considers reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
(2) Compensation not exceeding the value of the hut or shed shall be paid by the Corporation to any person who sustains loss by the destruction of any such hut or shed, but except as so allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by sub-section (1)
No person shall let a building or any part of a building in which he knows or has reason to know that a person has been suffering from a dangerous disease-
(a) unless the Health Officer has disinfected the same and has granted a certificate to that effect, and
(b) until a date specified in such certificate as that on which the building or part may be occupied without causing risk of infection.
Explanation.-For the purpose of this section the keeper of a hotel or inn shall be deemed to have let part of his building to any person accommodated therein.
The Corporation shall provide a place or places with 1[all necessary apparatus and establishment for the disinfection] of conveyances, clothing, bedding or other articles which have become infected, and when any articles have been brought to any such place for disinfection, shall cause them to be disinfected either-
1 Subs. by section 3(2) of the M.P. Act 13 of 1961.
(a) free of charge; or
(b) in its discretion, on payment of such fees as it may from time to time fix in this behalf.
(2) The Corporation shall, from time to time, by public notice, appoint a place or places at which conveyances, clothing or other articles which have been exposed to infection from any dangerous disease may be washed; and no person shall wash any such article at any p
No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of any article which he knows or has reason to know that it has been exposed to infection from any dangerous disease.
(2) Nothing in sub-section (1) shall apply to a person who transmits, with proper precautions any such article for the purpose of having the same disinfected.
No person who is suffering from a dangerous disease shall enter, or cause or permit himself to be carried in a public conveyance, nor shall any other person knowingly cause or permit a person in his charge and suffering from a dangerous disease or the dead body of any person who has died from such disease to be carried in a public conveyance without-
(a) previously notifying to the owner, driver, or person in charge of such conveyance that he or it is so infected; and
(b) taking proper precautions against the spreading of such disease.
(2) Notwithstanding anything contained in any enactment relating to public conveyance for the time being in force, no owner or driver or person in charge of a public conveyance shall be bound to carry any person suffering as aforesaid or any such dead body in
The owner driver or person in charge of any public conveyance in which any person suffering from a dangerous disease or the dead body of any person who has died of such disease has been carried shall immediately take the conveyance for disinfection to a place appointed under sub-section (1) of section 279.
(2) The person in charge of such place shall forthwith intimate to the Health Officer the number of the conveyance and proceed to disinfect the conveyance.
(3) No such conveyance shall be used until the Health Officer has granted a certificate stating that it may be used without causing risk of infection
The Corporation may provide and maintain suitable conveyance for the free carriage of persons suffering from any dangerous disease or of the dead bodies of persons who have died of any such disease.
(2) When such conveyances have been provided, it shall not be lawful, without the sanction of the Health Officer, to carry any such person or dead body, in, or for any such person to cause himself to be carried in, any other public conveyance.
The Commissioner may on being satisfied that it is in the public interest so to do, by written order 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 a dangerous disease 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 Health Officer certifies that it has been disinfected or is free from infection.
In the event of the city being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infectious epizootic disease breaking out or being likely to be introduced into the city, the Corporation, if it considers that the other provisions of this Act, or the provision of any other enactment 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, prescribe such temporary rules to be observed by the public or by any person or class of persons as it may deem necessary to prevent the outbreak of such diseases or the spread thereof.
If the existing places for the disposal of the dead appear to the Corporation at any time to be insufficient, it shall provide further proper and convenient places for the purpose:
Provided that except with the written permission of the Government, no place shall be so provided-
(a) if it has never previously been lawfully used for the purpose; or (b) if having been formerly so used it is no longer so used.
(1) If after personal inspection, the Commissioner is at any time of opinion that any place used for the disposal of the dead is or is likely to become injurious to public health, he may submit his opinion with the reasons therefor to the Corporation and the Corporation shall forward the same with its opinion for the consideration of the Government.
(2) Upon receipt of such an opinion the Government, after such further inquiry as it deems fit to make, may by notification published in the Gazette and in such newspaper as it may deem necessary, direct that such place shall no longer be used for the disposal of the dead.
(3) On the expiration of three months from the date of any such notification, the place to which it relates shall no longer be used for the disposal of the dead.
(4) Private s
If, after personal inspection, the Commissioner is of the opinion that any place formerly used for the disposal of the dead which has been closed under the provisions of this Act has by lapse of time, become no longer injurious to health and may without risk or danger be again used for the said purpose, he may submit his 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 enquiry as it deems fit to make, may, by notification in the Gazette, direct that such place be reopened for the disposal of the dead.
No person shall, without the written permission of the Commissioner-
(a) make any vault, grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah, or any place of worship;
(b) make any interment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 287; or
(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 other than a place for the disposal of the dead; or
(d) exhume any body from any place for the disposal of the dead, except under the provisions of section 176 of the Code of Criminal Procedure, 1898, or o
The Commissioner may, be public notice, prescribe routes for the removal of corpses to burial or burning places.
(2) Whoever carries a corpse along a route prohibited by the Commissioner or in a manner likely to cause annoyance to the public, shall be punishable with fine which may extend to ten rupees.
(1) The Corporation may, and if so required by the Government shall, within six months of the date of such requisition, direct the Commissioner to draw up a town planning scheme, which may, among other things, provide for the following matter, namely:-
(a) a direction that in any street, portion of a street or locality specified in the scheme the elevation and construction of the frontage of all buildings thereafter erected or re-erected shall, in respect of their architectural features, be such as may be fixed for the locality;
(b) a direction that in any street, portion of a street or locality specified in the scheme, there shall be allowed the contruction only detached or semi-detached buildings or both, and that the land appurtenant to each building shall be of an area not less than that specified in the scheme;
&nb
Notwithstanding anything contained in section 269, no town planning scheme shall be made by the Corporation for any area for which a scheme has been sanctioned under the provisions of Town Improvement Act.
Any person who intends to undertake the establishment of a colony in the area of Municipal Corporation for the purpose of dividing the land into plots, with or without developing the area, transfers or agrees to transfer gradually or at a time, to persons desirous of settling down on those plots by constructing residential or non-residential or composite accommodation shall apply to the Commissioner for the grant of a Registration Certificate.
2 SS.292-A to S.292-F, ins. by MP 18 of 1997 [21.4.1997].
(2) On receipt of the application for registration under sub- section (1) the Commissioner shall, subject to the rules made in this behalf, either issue or refuse to issue the Registration Certificate, within thirty days;
Provided that if the Commiss
The Registration Certificate shall entitle the Colonizer to undertake the development of colonies in the municipal area subject to the provisions of this Act and the rules made in this behalf.
(1) A Colonizer who, in contravention of the provisions of Section 172 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land.
(2) A colonizer who divides his lands into plots or the land of any other person with the object of establishing a colony in breach of the requirements contemplated in this Act or the rules made in this behalf, commits and offence of illegal colonization.
(3) Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with simple imprisonment which may extend to six months or with a minimum fine of ten thousand rupees or with both.
(4) Whoever constructs a building in an area of illegal divers
Whoever in the area of illegal diversion or illegal colonization,-
(i) being an officer having power to sanction layout or sanction a map for the construction of a building, grants sanction or approves such layout or the map; or
(ii) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land or illegal construction of a building in such an area to the proper authority; or
(iii) being an officer or an employee responsible to take action against the illegal diversion of land or illegal colonization or illegal construction of a building in such an area fails to take action; or
(iv) being an officer or the authority competent to sanction electrical or water supply connection grants such sanction with respect t
(1) Notwithstanding anything contained in the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) the transfer or agreement to transfer of plots made by a colonizer, in an area of illegal diversion or illegal colonization shall be void.
(2) The Commissioner may after giving show cause notice to the parties take over the management of the land, cause the area to be planned and developed and shall thereafter allot the land preferentially amongst the plot holder in such manner and subject to such conditions as may be prescribed.
(3) The allottee shall on fulfillment of the conditions be deemed to be a void transferee of the plot from colonizer, and the power of the Commissioner as manager of the plot shall come to an end.
The right, title and interest of the colonizer in the land under illegal colonization, shall upon and from the date of conviction of the colonizer under sub-section (3) of Section 292-C stand forfeited and vested in the Corporation free from all encumbrances.]
No person shall-
(i) erect or re-erect any building; or
(ii) commence to erect or re-erect any building; or
(iii) make any material external alteration to any building; or
(iv) construct or re-construct any projecting portion of a building which the Commissioner is empowered by section 305 to require to be set back or is empowered to give permission to construct or re-construct,-
(a) unless the Commissioner has either by an order in writing granted permission or has failed to intimate within the prescribed period his refusal of permission for the erection or re-erection of the building or for the construction or reconstruction of the projecting part of the building; or
&n
Every person who intends to erect or re-erect a building shall submit to the Commissioner-
(a) an application in writing for approval of the site together with a site plan of the land; and in the case of land which is the property of the Government or of the Corporation, a certified copy of the documents authorising him to occupy the land, and if so required by the Commissioner the original document or documents; and
(b) an application in writing for permission to build together with a ground plan, elevation and section of the building and a specification of the work to be done.
(2) Every plan of any building to be constructed wholly or partly of masonry, submitted under sub-section (1) shall, in token of its having been prepared by him or under his supervision, bear the signature of a lice
(1) The Commissioner shall refuse to sanction the erection or re-erection of any building in contravention of any scheme sanctioned under section 291 or in contravention of any rule or byelaw made under the provisions of this Act.
(2) The Commissioner may refuse to sanction the erection or re-erection of any building if in respect of the building there are sufficient reasons which shall be communicated in writing to the applicant, why sanction should not be given, or if the land on which it is proposed to erect or re-erect such buildings is vested in the Government or in the Corporation and the consent of the Government or the Corporation, as the case may be, has not been obtained, or if the title to the land is in dispute between the applicant and the Corporation or the Government.
(3) Notwithstanding anything contained in sub-section
The Commissioner may on all or any of the following grounds refuse to approve the site on which an applicant proposes to erect or re-erect any building-
(a) that the erection or re-erection of the proposed building on such site would be in contravention of a town-planning scheme under section 291 or of any other provision of this Act or of any other enactment for the time being in force; or
(b) that the site is in a portion within the limits of the City in which the position and direction of the streets have not been determined, and that the building which it is proposed to erect on such site will, in the opinion of the Commissioner, obstruct or interfere with the construction in future of suitable streets in such portion or with the drainage, water-supply or ventilation thereof:
Provided t
The Commissioner shall not grant permission to erect or re-erect any building unless and until he has approved of the site thereof on an application under section 294.
(2) The Commissioner shall not grant permission to erect or re- erect any building,-
(a) if the plans and specifications submitted with the application show that such building is not in accordance with a town-planning scheme sanctioned under section 291, or with any provision of this Act, or any rule or byelaw made thereunder, or any provision of any law for the time being in force; or
1[(a-1) if in his opinion the erection or re-erection of such building would be a nuisance or injurious to the inhabitants of the neighbourhood to the public; or]
1 Ins, by section 3(2) of the M.P.
Every person who intends to erect a new building or executes any such work as is described in section 294, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restrictions as may be prescribed by the byelaws.
The Commissioner may before any work has been commenced in pursuance of any permission granted by it under 2[section 293] revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules, and byelaws made thereunder, with reference to the matters mentioned in the said section as it thinks proper, and may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any street have been decided to its satisfaction.
2 Subs. by M.P. 13 of 1961.
4[If it is found that any permission for construction of a building has been given in violation of any provision of this Act or rules or byelaws made thereunder or in the opinion of the State Government it is necessary in the public interest that the permission granted by the Municipal Corporation deserves to be cancelled or revised], the State Government shall have power to cancel or revise such permission and on such cancellation or revision, as the case may be, any construction contrary to the order regarding cancellation or revision shall be deemed to be without permission and shall be dealt with in accordance with the provisions of this Act and the rules made thereunder:
3 Ins. by MP. 20 of 1998 [29-8-1998].
4 Subs. by M.P. Act 27 of 2000, w.e.f. 6-9-2000.
Provided that no such order sh
Every sanction for the erection or re-erection of any building shall remain in force for one year only from the date of such sanction, or for such longer period as the Commissioner may have allowed when conveying sanction under section 293. If the erection or re-erection of the building is not commenced within one year and completed within two years or such longer period as may have been allowed by the Commissioner the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for fresh sanction under the foregoing provision of this Act.
Every person who-
(i) erects or re-erects any building; or
(ii) makes any material external alteration in or addition to any existing building; or .
(iii) constructs or re-constructs any projecting portion of a building which the Commissioner is empowered under section 305 require to be set back or is empowered to give permission to construct or re-construct;
shall within one month of the completion of the work deliver to the Commissioner at his office a notice in writing of such completion and shall give to the Commissioner all necessary facilities for the inspection of such work.
(2) Within seven days after the receipt of the said notice the Commissioner shall depute an officer to commence the ins
(1) In any case in which the erection commenced is being carried on unlawfully as mentioned in section 307, the Commissioner may by written notice require the building operations to be discontinued from the date of service of such notice.
(2) Any person failing to comply with the terms of such notice shall be punishable with a fine which may extend to one thousand rupees and if he fails to comply with the terms of such notice after the first day of his failure so to do, with further fine which may extend to fifty rupees for every such day after the first.
If any person contravenes any provision of sub-section (4 ) of section 301 or section 302 or disobeys any direction of the Commissioner made thereunder, the Commissioner after giving twenty four hours notice shall direct all persons engaged in any capacity in the work of erecting or re-erecting the building in question or part thereof or constructing or re- constructing any projecting portion thereof or occupying or using such building or part thereof to remove themselves and shall take such measures as will prevent anyone such persons from again entering into or remaining upon such building or part thereof except with his permission:
Provided that any person occupying or using such building or part thereof either as tenant or as owner in contravention of sub- section (4) of section 301 shall not be directed to remove himself unless he has been served by the Commissioner with one
(1) No building shall be erected for a temporary purpose without the sanction of the Commissioner, or otherwise than in accordance with any byelaws made in this behalf under this Act
(2) If any building erected for a temporary purpose is not used strictly for such purpose and in accordance with any byelaws made under this Act or is erected without the sanction of the Commissioner, the building may be demolished by the Commissioner at the expenses of the owner thereof whether he is prosecuted under this Act or not.
(1) If any part of a building projects beyond the regular line of a public street, either as existing or as determined for the future or beyond the front of immediately adjoining buildings the Corporation may-
(a) if the projecting part is a verandah, step or some other structure external to the main building, then at any time, or
(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burned down or has fallen down,
require by notice either that the part or some portion of the part projecting beyond the regular line or beyond the front of the immediate adjoining building, shall be removed, or that such building when being rebuilt shall be set ba
(1) No compensation shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of the erection of any building.
(2) The Corporation shall make reasonable compensation to the owner for damage or loss which he may sustain in consequence of the prohibition of the re-erection of any building or part of a building except in so far as the prohibition is necessary under any rule or byelaw:
Provided that the Corporation shall make full compensation to the owner for any damage he may sustain in consequence of his building or any part thereof being set back unless for a period of three years or more immediately preceding such notice the building has by reason of its being in a ruinous or dangerous condition become unfit for human habitation or unless an order of prohibition issued under section 286 has b
.(1) If any building is erected or re-erected in contravention of any town planning scheme mentioned under section 291 or of any building byelaws made under section 427, the Commissioner without prejudice to his right to take proceedings for a fine in respect of the contravention, may by notice require the owner either to pull down or remove the work or, if he so elects, to effect such alteration therein as may be necessary to make it comply with the said scheme or byelaws.
(2) If a building is erected or re-erected---
(a) without any sanction as required by section 293 (1), or (b) when sanction has been refused, or
(c) in contravention of the terms of any sanction granted, or (d) when sanction has lapsed under section 300,
the Commissioner, unl
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 307 anything has been done, contrary to any provision of this Act or of any rule or byelaw, or that anything required by any such provision, rule or byelaw 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 Mayor-in-Council, by a written notice require the person who has erected such building or executed such work or is erecting such building or executing 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.
&n
Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or byelaws made thereunder, the offence of constructing buildings without permission or contrary to the permission granted, may be compounded, if-
1 Ins. by M.P. Act No. 16 of 1994 [30-5-94].
(a) such construction does not effect the regular building line;
(b) the area of unauthorised construction made in the marginal open spaces or in excess of the prescribed Floor Area Ratio does not exceed ten percent of the prescribed Floor Area Ratio:
Provided that the compounding fee shall not be less than fifteen times but not more than fifty times of the building permission fee.]
Legal Comments
"308-A" - Section 308-A governs compounding of offences for construction without permission; but compounding does not validate or legalize illegal construction; enforcement powers under other sections remain intact to remove illegal works - [Neelesh Chaudha VS Municipal Corporation - 2016 0 Supreme(MP) 526]
"308-A usage limits" - Unauthorized construction or use (e.g., roof/terrace misuse) is not eligible for compounding; deliberate violations merit stern action as deterrence - [Probhjot Kaur Chhabra VS Indore Municipal Corporation - 2016 0 Supreme(MP) 952]
"Section 308-B" - Compounding of unauthorized constructions allowed for approved applications; rejected applications must be acted upon; terms include refunds of security deposits after verification - [Dr. Swati Joshi VS Municipal Corporation - 2014 0 Supreme(MP) 1074]
"Section 370/400-series interplay" - Compounding under 400(1)(b) does not exempt or replace requisites of removal under 302-308; compounding cannot substitute for enforcement actions - [Kaushalkumar And Ors. VS Indore Municipal Corporation And . . . - 1992 0 Supreme(MP) 755]
"602-401 notices" - Notice mechanics under Section 401 require proper service to the Municipality; mere notice to an officer may not suffice; proper notice to the Corporation is mandatory - [Shyam Kishore Agrawal VS Commissioner, Nagar Palika Nigam, Raipur - 2015 0 Supreme(Chh) 121]
"Section 401 (notice) constitutional validity" - Section 401 upheld as public policy to avoid unnecessary litigation; alternative remedies (Article 226 or CPC 151) available; six-week interim orders possible - [KUMARI BAI VS STATE OF CHHATTISGARH - 2005 0 Supreme(Chh) 356]
"Tender/lease and property taxes" - Property tax and lease-related disputes: Raipur/Bhilai towers and high-rise buildings can be taxed under Sections 132-138 with annual letting value; rate fixation must align with Rules; state government approvals may be required for substantial changes - [Suresh Gupta VS Municipal Corporation Raipur, Through the Commissioner - 2017 0 Supreme(Chh) 221], [Bharat Aluminium Company Ltd. VS State of Chhattisgarh Through Secretary, Department of Urban Administration and Development - Chhattisgarh (2019)]
"Election petitions vs Certification Act" - In cases about caste verification for reserved seats, Election Tribunal under Section 441 can decide membership in reserved category; certification committee under Section 7 (Certification Act) handles certificates; referral to Larger Bench when necessary - [Babita Balmiki VS Amrika Bai - 2016 0 Supreme(Chh) 442], [Babita Balmiki VS Amrika Bai - 2016 0 Supreme(Chh) 138]
"Water connection case" - Water connection refusals cannot be conditioned on unpaid property tax absent statutory provision; life-necessity language and Article 21 protections apply - [ASHOK LALWANI VS MUNICIPAL CORPORATION, JABALPUR - 2002 0 Supreme(MP) 905]
"Compounding vs enforcement" - Courts consistently emphasize that compounding does not cure or authorize illegal construction; enforcement powers (removal/demolition) remain available under various sections - [Kaushalkumar And Ors. VS Indore Municipal Corporation And . . . - 1992 0 Supreme(MP) 755]
"Show tax/auction petitions" - Auctioning tax collection or show tax rights is generally ultra vires; sovereign function cannot be delegated to contractors; revenue must align with Municipal Fund and statutory provisions - [INDORE NAGAR NIGAM KARMACHARI CONGRESS, INDORE VS STATE OF MADHYA PRADESH - 1993 0 Supreme(MP) 430], [Nagar Nigam Karmachari . . . VS State Of Madhya Pradesh And Ors. - 1993 0 Supreme(MP) 360]
"Lease disputes" - Lease/sale of municipal property requires state government sanction for high-value disposals; bids deemed too low may be revisited; once approved, a later complaint could prompt reconsideration but not automatic reversal of already approved lease - [Sanjay Agrawal S/o Shri Ram Chandra Agrawal Vs State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh - 2025 0 Supreme(Chh) 147]
"Slaughterhouse obligations" - Municipal slaughterhouses are statutory obligations; failure to establish or maintain slaughterhouses can violate Article 19(1)(g) rights; directions to establish alternative slaughterhouses and comply with environmental permits - [Hazi Sahbuddin Quresi VS Municipal Corporation Raipur, Through the Commissioner - 2017 0 Supreme(Chh) 623]
"Wards extension/extent of wards" - District Collector decisions published in Official Gazette provide conclusive evidence; objections and hearing procedures must be observed; jurisdiction to determine ward extents lies with Government final decision - [Piyush Mishra S/o. Shri Sadhan Mishra VS State of Chhattisgarh Through The Secretary, Department of Urban Administration and Development - 2021 0 Supreme(Chh) 231]
"Constitutional validity of 401 vs suits" - Reiterates that notice to Corporation is mandatory; suits against Commissioners require proper notices; decisions in earlier judgments may be distinguished; 401 remains valid to streamline litigation - [KUMARI BAI VS STATE OF CHHATTISGARH - 2005 0 Supreme(Chh) 356]
"Property tax for telecom towers" - Towers on rooftops fall under property tax regime if treated as buildings; determining annual letting value under Rule 1997; approach must respect non-obstante clauses and section 138 factors; courts require strict textual interpretation of tax provisions - [Suresh Gupta VS Municipal Corporation Raipur, Through the Commissioner - 2017 0 Supreme(Chh) 221], [Bharat Aluminium Company Ltd. VS State of Chhattisgarh Through Secretary, Department of Urban Administration and Development - Chhattisgarh (2019)]
"Territorial scope and jurisdiction" - Municipalities Act provisions harmonize with constitutional amendments; jurisdictional carve-outs matter in litigation over powers to tax, condemn, or regulate within municipal boundaries - [Hazi Sahbuddin Quresi VS Municipal Corporation Raipur, Through the Commissioner - 2017 0 Supreme(Chh) 623], [Bilaspur Infrastructure Pvt. Ltd. VS State of Chhattisgarh - 2018 0 Supreme(Chh) 420]
"Notice under 401(1) specificity" - Valid notices must name the party, cause of action, relief claimed; defective notices permit dismissal or require refiling after valid service - [SURESH SETH VS STATE - 1969 0 Supreme(MP) 15]
"Section 133-B and property valuation" - Notifications under 133-B used to revise annual letting value; such notices must be proper orders, not mere memos; improper reliance can render tax enhancements void - [Steel Authority of India Limited VS State of Chhattisgarh, Through the Secretary, Department of Urban Administration and Development - 2018 0 Supreme(Chh) 623]
"CPC/Section 115 (res judicata) in M.C.C.A." - Civil Revision can challenge procedural flaws in Section 307/308 pathways; improper reliance on concessions or non-writing instructions weakens orders - [Nagar Palika Nigam, Bilaspur, through - its Commissioner, Nagar Palika Nigam, Bilaspur VS Ram Sahay Verma, son of Late Balaram Verma - 2016 0 Supreme(Chh) 360]
"Public-interest PILs on compounding" - PIL proceedings guide compounding practices; court directions can authorize compounding for certain classes while mandating removal for non-compounded cases - [Dr. Swati Joshi VS Municipal Corporation - 2014 0 Supreme(MP) 1074]
"General principle – compounding vs legality" - Across decisions, compounding offences does not validate illegal structures; enforcement actions remain essential; tax, lease, and governance powers are constrained by statutory procedures - [Kaushalkumar And Ors. VS Indore Municipal Corporation And . . . - 1992 0 Supreme(MP) 755], [Fun Multiplex Pvt. Ltd. VS State of M. P. - 2012 0 Supreme(MP) 681], [Vishnu Prasad Chandrakar S/o Late Shri Aen Lal Chandrakar VS State of Chhattisgarh Through The Principal Secretary, Department of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh - 2022 0 Supreme(Chh) 225]
If it appears to the Commissioner that any building intended or used for human habitation or human occupation for any purpose whatsoever is unfit for such habitation or occupation, he shall give notice in writing to the occupier or to the owner, if the building is not occupied, stating that the building is unfit and signifying his intention to prohibit the further use of such building for such purposes, and calling upon the occupier or owner to state in writing his objections to such prohibition within thirty days from the receipt of the notice. If no objection is stated by such occupier or owner within the said period, or if the objection stated appears to the Commissioner to be insufficient or not well founded, he may, with the previous approval of the Mayor-in-Council prohibit by an order in writing the further use of such building for human habitation or occupation and shall affix a notice to that effect on a conspicuous
If, in the opinion of the Commissioner, any building, wall, 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 projecting from or resting on any building, wall, parapet or other structure, or any tree standing thereon, is in dangerous state, the Commissioner may by a notice in writing, require the occupier or owner thereof forthwith either to demolish or remove the building, wall, structure or any such tree or cause such repairs to be made thereto as he considers necessary for the public safety; and if the danger appears. to him to be imminent, he may forthwith take such steps as may be required to avert such danger, including the forcible removal without notice from such building of all the occupiers thereof and their property.
(2) Any ex
If it appears to the Commissioner that any building or structure has been abandoned or is unoccupied and has become a resort of disorderly persons or is by reason of its condition seriously detrimental to the amenities of the neighbourhood, the Commissioner may give a written notice to the owner of such building or structure if he is known and found to be a resident within the limits of the Corporation, or to any person who is known or believed to claim to be owner, if such person is resident within the limits of the Corporation and shall affix a copy of the notice on some conspicuous part of the building or structure requiring all persons having any right or interest therein to take such order with the said building or structure as may, in the opinion of the Commissioner, be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities of the neighbourhood.
If for any reason it appears to the Commissioner that the level of the site on which it is proposed to erect or re-erect a building is likely to become insanitary or likely to be a source of nuisance, he shall give to the owner of the site proposed to be built upon, a notice in writing, calling upon him to show cause in writing within thirty days after the receipt of such notice why the site should not be reclaimed with such materials and raised to such height and within such period not being less than six months from the date of the notice, as the Commissioner thinks fit and in the notice the Commissioner shall specify the cost at which the site can be reclaimed and raised by municipal agency if the owner desires to employ that agency.
(2) If no objection is stated within such period, as aforesaid, or if any objection which is stated appears to the Commissioner to be insufficient
If any building so situate as to be inaccessible to a fire-engine or as to cause obstruction to a fire-engine from reaching other buildings is demolished or destroyed by fire or otherwise, the Commissioner may by a notice in writing addressed to the owner of the building demolished or destroyed as aforesaid, direct that no building shall be erected which would be inaccessible to a fire-engine or which would cause obstruction to a fire. engine from reaching other buildings.
1 Ins. by section 3(2) of the M.P. Act 13 of 1961.
(2) No person shall erect or re-erect any building in contravention of a notice under sub-section (1).]
If it appears to the Commissioner that any stones, rafters, building materials or debris of building materials stored or collected in or upon any premises in such quantity or bulk or in such a way as to constitute a harbourage or breeding place for rats or other vermin or is 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 a 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 may, in the opinion of the Commissioner, be necessary or expedient to abate the nuisance or prevent a recurrence thereof.
(1) The owner of a building shall, within a period of seven days of the receipt of a written notice from the Commissioner supply such information with respect to such building or its occupants as the Corporation may prescribe 1[by byelaws.]
1 Ins. by section 3(2) of the M.P. Act 13 of 1961.
(2) The occupier of a building occupied as a separate tenement shall on like notice and within the like period supply such information as may be prescribed with respect to such building as aforesaid which is in his occupation.
(1) Should the owner part-owner, or occupier of any building suffer the same to be in a filthy or unwholesome state, the Commissioner may by a notice require him within twenty-four hours to cleanse the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state and if it appears to be necessary for sanitary purposes so to do, may, at any time by a notice, direct the occupier of any building to lime-wash or otherwise cleanse the said building inside and outside in the manner and within a period to be specified in the notice.
(2) If the Commissioner is of the opinion that the cleansing or disinfecting of a building or any part, thereof, or of any article therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, he may, by a notice require the owner or occupier to cleanse or disinfect the same in the ma
For the purposes of this chapter the expression building includes a part of a building.
The Corporation may with the previous sanction of the Government permanently close the whole or any part of a public street:
Provided that no such street or part thereof shall be closed unless for a period of not less than one month before the date of the meeting of the Corporation at which the matter is to be decided, a notice has been posted in the street or part thereof which it is proposed to close informing the residents of the proposal and until any objections to the proposal made in writing at any time before the day of the said meeting have been received and considered by the Corporation.
(2) When any public street or part thereof is permanently closed under sub-section (1), the site of such street, or of the part thereof which has been closed, may be disposed of, subject to the provisions of section 80 as land belonging to the
(1) Without the previous permission in writing of the Commissioner no person shall lay on, under or above any public street any railway or tramway or erect or lay any poles or cables or the like, or operate the same.
1 Ins. by section 3(2) of the M.P. Act 13 of 1961.
(2) The Commissioner shall give such permission in accordance with any general or special rules which may be made by the Government after considering any representation made by the Corporation.
(3) Nothing in this section shall be deemed to affect any provision of the Indian Telegraph Act, 1885 (13 of 1885), the Indian Tramways Act, 1886 (11 of 1886), the Indian Railways Act, 1890 (9 of 1890), or the Indian Electricity Act, 1910 (9 of 1910.]
Except with the previous permission of the Commissioner and in accordance with such terms and conditions, including the payment of rent, as he may impose, no person shall erect, add to, setup or place against or in front of any structure or fixture or obstruction which will-
(a) overhang or project into or encroach upon or in any way obstruct the passage of the public along any street; or
(b) project into or encroach upon or cover any drain or open channel in any street so as to interfere in any way with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.
(2) The Commissioner may, by a written notice, require the owner or occupier of any premises to take such order as he may direct with any structure, fixture, or covering which has been erect
When any person has been convicted under section 434, the Commissioner may-
(a) by a notice, require such person to remove the overhanging structure, encroachment or obstruction and where necessary, to restore the street, drain or channel to the condition it was in before the encroachment; and
(b) if the requirement is not complied with within the time fixed in the notice, have the required act done by his subordinate officers at the expenses of such person and recover the cost of required act from such person as an arrear of tax under Chapter XII of this Act.
(1) The Corporation or the Commissioner shall not in respect of any street vested in the Government grant permission to do any act the doing of which without the permission of the Corporation or the Commissioner is punishable under this Act or the rules or byelaws made thereunder except with the previous sanction of the Government which may accord its sanction either generally or in particular case.
(2) The Corporation or the Commissioner shall, if so required by the Government exercise in respect of such streets, all or any of the powers conferred by this Act upon the Corporation or the Commissioner as the case maybe.
No title to any land belonging to or vested in the Government or the Corporation shall be deemed to have been acquired by reason only that the footing of the foundations of any building, wall or other structure project or have projected below the surface of such land.
Obstruction in Streets
(1) No person shall, except with the written permission of the Commissioner granted in this behalf and in accordance with such conditions including the payment of rent or fee, as he may impose either generally or specially in this behalf:-
1 Subs. by M.P. Act No. 16 of 1994 [30-5-94].
(a) erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank.
(b) deposit upon any street or upon any open channel, drain or will in any street or upon any public place" any stall, chair, bench box, ladder, bale or other thing whatsoever,
(1) Except in such cases as the Government may by general or special order exempt from the operation of this section, no person shall, except with the permission of the Commissioner and in accordance with such term" and conditions, including payment of rent or at otherwise, as the Commissioner may impose either generally or in each special case.
(a) open, break up, displace, take up or make any alteration in or cause any injury to, the soil or pavement, or any wall, fence, post, chain or other material or thing forming part of any street or in any open space vested in the Corporation; or
(b) deposit any building material in any street or in any open space vested in the Corporation; or
(c) set up in any street or in any open space vested in the Corporation any scaffold or any temporary erect
lf any door, gate, bar or window on the ground floor of any premises opens outwards upon a street or upon any land required for the improvement of a street in such a manner as, in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street, the Commissioner may at any time by a written notice require the owner of the said door, gate, bar or window altered so as not to open outwards.
(1) If any such structure, fixture or covering as is described in section 318 has already been erected, set up or placed against or in front, of any premises, the Commissioner may give notice under sub-section (2) of the said section to the owner of the said premises.
(2) If the owner or occupier of the building proves that any such structure, fixture or covering was authorised by any law previously in force or that it was erected with the consent of any Corporation authority duly empowered in that behalf, the Corporation shall, after such structures have been removed, make reasonable compensation to every person are suffers damage by the removal or alteration thereof.
Streets
(1) 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 layout 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, submit plan and sanction showing the situation and boundaries of such building land and the site of the private street, if any, and also t
The level, direction, width, and means of drainage of every new street and the height and means of drainage of the buildings to be erected on each side thereof shall be fixed and determined by the Commissioner.
(1) No person shall make or layout any new street or erect any building or either side thereof otherwise than in accordance with the direction of the Commissioner under section 327.
(2) If any such new street be made or laid out, or if any building on either side of any such street be erected by any person in contravention of this section, the Commissioner may, by a written notice require the said person to make a statement in writing subscribed by him in that behalf and addressed to the Commissioner to show cause on or before such date as may be specified in such notice why such street or building should not be altered to the satisfaction of the Commissioner, or if that is impracticable, why the same should not be demolished or removed; or may require the said person on such day and at such time and place as may be specified in such notice to appear before the Commissioner, as th
(1) If any street be not levelled, paved, lighted, sewered, drained, channelled or flagged to the satisfaction of the Commissioner, he may. with the approval of the Mayorin-Council by a written notice, require the owner or owners of the street and the owners of the several premises fronting or adjoining the said 3 Subs. by MP 11 of 1977
street, or abutting thereon, or to which access is obtained through such street, or which will benefit by works executed under this section, to contribute within thirty days from the date of receipt of notice in such proportions as he may direct to the cost of levelling, metalling, tarring or asphalting, paving, lighting, sewering, draining, or flagging the same.
(2) The notice shall show-
(a) the nature of the intended works;
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(1) When any street has been levelled, metalled, tarred or asphalted, paved, made good, lighted, drained, chanelled and flagged to the satisfaction of the Commissioner, he shall, if so required by the person liable for the greater part of the expenditure on such street by notice put up in any part of such street, declare the same to be a public street. The said street shall thereupon become a public street.
(2) The Commissioner may, at any time, by a notice exhibited in any street or part of a street not maintained by the Corporation, give intimation of his intention to declare the same a public street, and, unless within one month next after such notice is first exhibited the owner or the majority of owners of such street or such part of street, lodges or lodge objection thereto with the Corporation, the Commissioner may by a notice exhibited in such street or part, declare the
The Commissioner when authorised by the Corporation in this behalf may agree- ..
(a) with any person to adopt and maintain any existing or proposed bridge, viaduct or arch and approaches as part of a public street or as property vested in the Corporation; or
(b) for the construction or alteration of any such bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundation and support thereof, or for the approaches thereto, either entirely at the expense of such person or partly at the expense of the Corporation.
General Provisions as to Street and Public Nuisance
(1) No person shall without the previous permission in writing of the Commissioner cut down any tree or cut off a branch of any tree, or erect or demolish any building or part of a building or alter or repair the outer portion of any building, where such action is of a nature to cause obstruction, danger or annoyance or risk of obstruction, danger or annoyance to any person using a street.
(2) The Commissioner may at any time by a notice require that any person doing or proposing to do any of the acts referred to in sub-section (1) shall refrain from beginning or continuing the acts unless he puts up monitaries, and provides from sunset to sunrise with sufficient lighting such hoardings or screens as are specified or described in the notice and may further at any time by notice require the removal within a time to be specified in the notice, of any hoarding or screen erected in an
The Commissioner may attach brackets for lamps to the outside of any building but in such manner as not to occasion any injury to the building or inconvenience to persons using it or passing by it.
Whoever, without being authorised by the Commissioner defaces or disturbs or causes damage to any municipal direction-posts, lamp-post or lamp or any property of the Corporation or extinguishes any municipal light in any public place, shall be punishable with fine which may extend to ten rupees.
(1) Whoever, without the consent of the owner or occupier or other person for the time being in charge of any property affixes or causes to be affixed any poster, bill, notice, placard or other paper or means of advertisement against or upon any streets, building, wall, tree, board, fence, or pale or writes upon, soils, defaces or marks any such building, wall, tree, board, fence or pale with chalk or paint or in any other way whatsoever, shall be punishable with fine which may extend to twenty rupees.
(2) Notwithstanding anything contained in sub-section (1), the Commissioner may by public notice prohibit the use of any building or part of a building, wall, tree, board, fence or pale in any specified locality or a street without his permission.
No person shall after such public notice mak
(1) Whosoever affixes to, inscribes or stencils on, any house, building, wall, board, gate, fence, pillar, post, board, tree, road, or any other thing whatsoever so as to be visible to a person being in or passing along any street, public highway, or footpath and whoever affixes or inscribes or stencils on any public latrine or urinals or delivers or attempts to deliver, or exhibits to any inhabitants or to any person being in or passing along any street, public highway or footpath or throws into the area of any house or exhibits to public view in the window of any house or shop any picture or printed or written matter which is of an indecent or obscene nature, shall on conviction be punished with imprisonment which may Extent to one month or with fine which may extend to fifty rupees or with both.
(2) Whosoever gives or delivers to any other person any such pictures, or printed o
(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 conspicuous part pf any house at or near each end, corner or entrance to every street, the name of such street as so determined;
(c) determine the number by which any premises shall be known; (d) put up or paint a number of premises in such position and manner as he may deem necessary.
(2) No person shall, without the permission of the Commissioner or with other lawful authority, destroy, remove, deface or in any way injure any such name or number or put up or paint any name or number different from that put up or painted by order of the Commissioner.
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The Commissioner may, where it appears to him to be necessary for the prevention of danger to life or property, by special or general notice, prohibit any person or persons from stacking or collecting timber wood, dry grass, staw, or other inflammable materials or placing mats or thatched huts or lighting fires in any places or within any limits specified in the notice.
(1) The Commissioner may by general or special order direct that no roofs and external walls of huts or other buildings, shall within the specified limits, be made of grass, mats, leaves, or other inflammable materials, or repaired or renewed with the same unless his permission in writing has been obtained.
(2) The Commissioner may by a written notice require any person who has built the roof or external wall of any but or other buildings in contravention of a direction issued under sub- section (2) to remove or alter the roof or wall so built.
(1) Subject to the provisions of any other Act for the time being in force, whoever, without the permission of the Commissioner pickets animals or collects carts on any street, or uses any street as a halting place for vehicles or animals of any description or as a place of encampment, or causes or permits animals to stay, shall be punishable with fine which may extend to twenty rupees.
(2) Any animals found picketed, tethered or straying on any public street without the permission of the Commissioner may be removed to a pound by any officer or servant of the Corporation or by a police officer.
Whoever drives or propels any vehicle not properly supplied with lights in any street during the period from half an hour after sunset to half an hour before sunrise shall be punishable with fine which may extend to five rupees.
The Commissioner may by general or special order prohibit the beating of the drums blowing of horn or trumpet or beating or sounding of any other instrument or making of any noise on any utensil in any specified area or street, either generally or during specified hours:
Provided that the Commissioner may grant exemption to any person for reasons to be recorded in writing.
(2) Whoever contravenes any order issued by the Commissioner under this section shall be punishable with fine which may extend to one hundred rupees but not less than twenty-five rupees.
(3) In the case of bands, each individual member of such band shall be punishable under this section.
(4) For purposes of this section instrument shall include a gramophone, a wireless receiv
No person shall use or employ in any factory or other place any whistle or trumpet, or any other mechanical contrivance which emits an offensive noise, for the purpose of summoning or dismissing work-men or persons employed, nor shall any person by means of any contrivance increase the noise emitted in any such factory or place by the exhaust pipe of any engine, without the written permission of the Commissioner in granting which the Commissioner may impose such conditions as he may deem proper, restricting the times at which such whistle or trumpet or other contrivance may be used.
(2) The Commissioner may on giving one months notice revoke any permission given under sub-section (1).
(3) Whoever in contravention of the provisions of this section, uses or employs any whistle, trumpet or other contrivance, shall be punishable with fine
Whoever discharges fire-arms or lets off fire-works, fire-balloons, or detonators, or engages in any game in such a manner as to cause, or be likely to cause danger or annoyance to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with fine which may extend to twenty rupees.
Whoever quarries, blasts, cuts timber or carries on building operations in such manner as to cause, or to be likely to cause danger to persons passing by or dwelling or working)n the neighbourhood, shall be punishable with fine which may extend to fifty rupees.
Whoever, without the permission of the Commissioner lops or cuts the branches or twigs of any tree or plant standing on a public place, or plucks the fruits, flowers or leaves of such tree or plant, or causes any damage thereto, shall be punishable with fine which may extend to 1[one thousand rupees or in case of a second or subsequent breach, to 2[two thousand rupees].
1 Subs. by MP 12 of 1995 [.1.5.95].
2 Subs. by MP 12 of 1995 [.1.5.95].
Whoever spits in any place other than a drain or a receptacle provided for the purpose by the Corporation shall be punishable with fine which may extend to twenty-five rupees.]
3 Ins. by section 3(2) of the M.P. Act 13 of 1961.
The District Superintendent of Police, and his subordinates shall, as far as may be, co-operate with the Commissioner for carrying out the purposes of this Act and for the maintenance of public health, safety and convenience within the limits of the Corporation.
(2) It shall be the duty of every police officer within the limits of the Corporation-
(i) to communicate without delay to the Commissioner, my information which he receives of a design to commit or of the commission of any offence against this Act or any rule or byelaw made thereunder; and
(ii) to assist any Corporation officer or servant reasonably demanding his aid for the lawful exercise of any power vested in the Corporation or in any Corporation officer or servant under this Act or any rules or byelaws made thereunder.
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Any police officer, and in the absence of a police officer, any officer or servant of the Corporation empowered in this behalf by the general or special order of the Government under sub-section 131 of section 347 may arrest any person who commits any offence against this Act or any rule or byelaws made thereunder-
(a) if the name and address of the person are unknown to him, and
(b) if the person declines to give his name and address or there is reason to doubt the accuracy of the name and address given.
(2) Any person arrested under this section made by detained until his name and address are correctly ascertained:
Provided that no person so arrested shall be detained longer than is necessary for bringing him before a Magistrate unless an orde
On a written requisition from the Commissioner, the District Superintendent of Police shall order arrest of any person who obstructs any Corporation officer or servant engaged in the discharge of any duty imposed by this Act or by any made or byelaws made thereunder
When special police protection is in the opinion of the Government, necessary on occasion of any fair, agricultural show or industrial exhibition managed by the Corporation or for 1[the purpose of guarding houses evacuated due to plague or other epidemic] the Government may provide such protection, and the Corporation shall pay the charge there of or such part of them as the Government considers equitable.
1 Subs. by section 3(2) of the M.P. Act 13 of 1961.
For the prevention and extinction of fire, the Corporation shall maintain a fire brigade and shall provide such implements, machinery or means of communication as the Corporation may think necessary for the efficiency of the brigade.
(2) In order to indicate the location of fire-mains and hydrant the Commissioner may direct the fixing of plates on any building or land, the painting of signs, or the erecting of appliance as he may think fit.
(3) No person shall destroy, pull down, deface, cover or conceal any such plate, sign or appliance:
Provided that if in the city any Government Department is administering and controlling the fire brigade, the Commissioner shall not make any arrangement without prior approval of the Government and the arrangement shall be subject to the terms and conditi
(1) On the occasion of a fire within the limits of the city any Magistrate, the Commissioner, any member of the Corporation, any member of a fire brigade then and there directing the operations of men belonging to the brigade, and if directed so to do by a Magistrate or the Commissioner, or a member of the Corporation any police officer above the rank of constable, may- -
(a) remove or order the removal of any person who by his presence interferes with or imposes the operation for extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which any fire is burning; (c) for the purpose of extinguishing the fire, break into or through or pull down, or cause to be broken into or through or pulled down, or use for the passage of houses or other appliances, any premises;
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(1) When the fire brigade is maintained by Corporation to Commissioner shall make regulation for-
(a) the training, discipline and good conduct of the men belonging to the fire brigade;
(b) their speedy attendance with engines, fire-escapes and all necessary implements or the occasion of any alarm of fire;
(c) the maintenance of the said brigade generally in a state of efficiency; and
(d) the submission of reports of fires.
(2) With the approval of the Mayor-in-Council and subject to the conditions and limitations prescribed by this Act, the Commissioner may make regulations for the grant of gratuities, rewards or certificates, to persons who have rendered effective service to the fire brigade on the
The Commissioner may, by notice, require the manager or proprietor of any place of public entertainment to make such provision as he may direct for the prevention and extinction of fire, and for the easy exit of the audience in case of fire.
The Commissioner may-
(a) authorise any person-
(i) to destroy, or cause to be destroyed or confine or cause to be confined for such period as the Commissioner may direct, any dog or other animals suffering or reasonably suspected to be suffering from rabies, or bitten by any dog or other animal suffering or suspected as aforesaid, or any dog or other animals dangerous to human safety, or any bird, animal or other vermin causing a nuisance;
(ii) to confine, or cause to be confined any dogs found wandering about streets or public places without collars or other marks distinguishing them as private property and to charge, a fee for such detention and to destroy or otherwise dispose of any such dog if it is not claimed within one week and the fee paid:
&
Whoever, being the owner or person incharge of any dog, allows it to be at large in any street without a muzzle--
(a) if such dog is likely to annoy or intimidate passers-by; or
(b) if the Commissioner has by notice on the 2[manner prescribed by byelaws] during the prevalence of rabies directed that dogs shall not be at large without. muzzles; shall be punished with fine which may extend to twenty rupees.
2 Subs. by section 3(2) of the M.P. Act 13 of 1961.
Whoever, being in charge of any elephant, camel or bear, omits on being requested so to do to remove as far may be practicable his elephant, camel or bear to a safe distance on the approach of a horse, whether, ridden or driven or any vehicle drawn by bullocks, shall be punishable with fine which may extend to twenty rupees.
Whoever wilfully or negligently lets loose any horse or other animal so as to cause, or negligently allows any horse or other animal to cause injury, danger, alarm or annoyance to any person or damage to property, shall be punishable with fine which may extend to fifty rupees.
The provisions of this chapter shall come into force on such date as the Government may by notification appoint in that behalf.
(1) Whoever, in any street or public place within the limits of the Corporation, begs for alms, or exposes, or exhibits with the object of exciting or extorting alms any deformity, disease or bodily ailment or any offensive sore or wound, shall be punishable with imprisonment which may extend to three months, or with a fine not exceeding fifty rupees, or with both.
(2) If the Courts finds that a person has committed an offence punishable under sub-section (1), it may, if in its opinion the person is unable to earn a livelihood owing to physical infirmity or debility, or is otherwise a fit person to be committed to a poor-house, in lieu of passing a sentence, order that he may be committed to a poor-house maintained by the Corporation or approved by the Government, for such term and subject to such conditions as may be prescribed by 1(byelaws] under this Act:
Whoever within the limits of the city employees others for the purpose of begging alms and lives wholly or in part on the proceeds of their begging shall be punishable with imprisonment of either description which may extend to six month or or with fine not exceeding hundred rupees or with both.
(1) The Corporation may, by notice in the 2[manner prescribed by byelaws] prohibit in any specified part of the city-
2 Subs. by section 3(2) of the M.P. Act 13 of 1961.
(a) the keeping of a brothel;
(b) the residence of any person who practices prostitution.
(2) Whoever after the date of the notice issued under sub-section (1)-
(a) keeps or manages or acts or assists in the management of a brothel within the prohibited area;
(b) being the tenant, lessee or occupier of any premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution within the prohibited area; or
On the complaint of the Commissioner, or of three or more persons residing within the limits of the city that a house within the said limits is used as brothel, or by disorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, or that any such house is used as a brothel in the neighbourhood of a contonment or of an educational or charitable institution or boarding house or of any place of worship, any Magistrate of the first class having jurisdiction in the place where the house is situated, may summon the owner or the occupier of the house, and on being satisfied that the house is so used and that it is a source of annoyance or offence to the neighbours, or that it is in the neighbourhood of a contonment or of an educational or charitable institution or boarding house, or of any place of worship, may order the owner or the occupier to discontinue such use of it ; and if he fails to
The Corporation may in accordance with the byelaws made in this behalf grant licences, impose fees and otherwise control the practice of prostitution within the limits of the Corporation.
The provisions contained in this Chapter shall be in addition to, and not in derogation of, the provisions of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956), and anything done or any action taken under this Chapter shall be subject to the provisions of the said Act.]
1 Ins. by section 3(2) of the M.P. Act 13 of 1961.
(1) The Mayor or the Commissioner may authorise any person to enter into and inspect at any reasonable time, any market, building, shop, stall or place used for the sale of any goods, food, drink or drug and the person so authorised may inspect any instrument for weighing, weights, or measures found therein and test the same with standard weights and measures and may seize any such instrument for weighing, weight or measure which he reasonably believes to be false or not in accordance with byelaws made by the Corporation under this Act, and may take the same to be examined or tested by the officer appointed for the purpose.
(2) Every person for the time being in charge of or employed in such market, building, shop, stall or place shall, if so requested by the person making such inspection, produce for such inspection and comparison all instruments for weighing, weights and measure
(1) Whenever it is prescribed 1[by or under this Act] that the permission of the Commissioner is necessary for the doing of any act, such permission shall, unless it is otherwise expressly provided, be in writing.
1 Ins. by Section 3(2) of the M.P. Act 13 of 1961.
(2) Every licence and written permission granted under this Act or under any rule or byelaw made thereunder, shall be signed by the Commissioner and shall specify-
(a) the date of the grant thereof;
(b) the purpose and the period, if any, for which it is granted;
(c) the restrictions and conditions, if any, subject to which it is granted;
(d) the name of the person to whom it is granted;
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Whenever under this Act or any rule or bye law made thereunder, he doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration opinion, or satisfaction of-
(a) she Corporation, or the Mayor-in-Council, or the Commissioner, or
(b) of any municipal officer; a written document purporting to have been signed in case (a) by the Commissioner, and in case (b) by the said municipal officer, purporting to conveyor set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be prima facie evidence thereof.
Signature and Service of Notices, etc.
(1) Every licence, written permission, notice, bill, schedule summons, warrant or other document which is required by this Act or by any rule or byelaw made thereunder to bear the signature of any municipal officer, shall be deemed to be properly signed if it bears a facsimile of the signature of such municipal officer stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract.
When any notice, bill, schedule, Sumons or other document is required by this Act or any rule or byelaw made thereunder to be served upon or issued or presented to any person as owner or occupier of any land or building, in so far as it concerns that land or building, the service, or issue or presentation thereof shall be effected either-
(a) by giving or tendering to any person whose name has been entered in the assessment list of the owners, or one of the property concerned, or to the occupier thereof; or
(b) if the owner or occupier or no one of the owners or occupier is found, by giving or tendering the said notice, bill, schedule, summons or other document to some adult member or servant of the family of the owners or occupier, or of any of the owners or occupiers; or
(c) by causing th
When any notice, bill, schedule, summons or other document is required by this Act or by any rule or byelaw made thereunder, to be served upon or issued or presented to any person, otherwise than as owner or occupier of any land or building, such service, issue or presentation shall be effected-
(a) by delivering at some post office the said notice, bill, schedule, summons, or other such documents under cover bearing the address of the person concerned and obtaining therefor a certificate of posting, or
(b) by giving or tendering to such person the said notice, bill, schedule, summons or other such documents, or
(c) by both methods.
Nothing in the two preceding sections shall apply to any summons issued under this Act by a Court.]
1 Ins. by Section 3(2) of the M.P. Act 13 of 1961
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