The Gauhati Municipal Corporation Act, 1969
###### "“deceived the assent of the President on the 1st January, 1973)

#### THE GAUHATI MUNICIPAL CORPORATION
 ACT, 1969

[Published in the _Assam Gazette, Extraordinary, dated the 18th January,_

1973]

###### Arrangement of Sections

 PART I

Prelim inary

_Sections_

1 Short title, application and commencement.

2 Repeal of enactments-and savings.

3 Definitions.

###### PART II

 CHAPTER II

        - Municipal Authorities.

5 Constitution of the Corporation.

6 General powers of the Corporation.

7 Matters to be provided by Corporation.

8 Discretionary functions of the Corporation.

9 Standing Committees and Commissioner to give effect to resolutions

of Corporation,

10 Power of Corporation to call for extracts of proceedings, etc.

11 Power of Corporation and Standing Committee for requisition of

Commissioner’s records.

12 Appointment of Joint Committees.

13 Duties and powers of individual Councillor.


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###### Mayor and Deputy Mayor

_Sections_

14 Mayor, Deputy Mayor or Councillor uot to receive remuneration.

15 Election of Mayor and Deputy Mayor and Chairman.

16 Resignation of Mayor.

**17** Prerogatives of Mayor.

18 Functions of Mayor.

19 Functions of Deputy Mayor.

###### The Standing Committees *

20 Constitution of Standing Committees.

**21** Election of Standing Committees.

**22** Function of Standing Committees.

**23 Special powers of Standing Finance Committee.**

**24** Constitution of references to Standing Committee.

25 Delegation of powers to Commissioner by Standing Committee.

26 Election of Chairman and Deputy Chairman.

27 Term of Chairman and Deputy Chairman.

28 Resignation of Deputy Chairman and members of Standing

Committee.

###### The Commissioner t

29 Appointment of Commissioner.

30 Power and function of the first Commissioner.

31 Salary and allowances of Commissioner.

32 Leave of Commissioner.

33 Appointment of officiating Commissioner in case of death, resignation

or removal.

34 Power of Commissioner.

35 Emergency power of the Commissioner.


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_?ection f_

###### 36 Custodian of records.

37 Delegation of Commissioner’s ordinary power.

38 Powers of Commissioner exercisable with the approval uf standing

Committee.

39 Reservation of control in respect of power delegated.

**40** Delegation of Commissioner’s emergency powers.

###### Administration Report

 41 Submission of annual administration report to Government.

CHAPTER III

###### Election of Councillors

**42** Declaration of local areas as Gauhati city.

43 Delimitation of wards,

**44** Power to alter or amend delimitation orders.

48 Election of Councillors.

**46** Qualification for Gouncillorship.

47 Disqualification for Councillorship of Corporation.

48 Disabilities from continuing as Councillor.

###### 49 Right to vote and method of voting.

50 General elections of Councillors.

51 Notification for election of Councillors.

52 Vacancy in the office of Councillor.

53 Procedure if election fails or is set aside.

54 Procedure on failure of election in case of equality o' vou s

55 Term of office of Councillor.

###### 56 Publication of results of election,

57 Oath or affirmation by Councillors,

**58** **Rosi nation ©f Councillor,**


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**Trial** **of Election Petitions** **—**

_Sections_

59 Definitions.

60 Election petitions.

61 Appointment of District Judge.

62 Grounds for declaring elections to be void.

63 Decision of the District Judge.

64 Appeals from the orders of District Judge.,

65 Execution of orders as to costs.

66 Maintenance of secrecy of voting.

CHAPTER IV

**Municipal Officers and Staff**

67 Appointment of officers of the Corporation.

68 Powers and duties of Municipal Secretary.

69 Schedule of posts.

70 Persons not included in the Schedule not to be appointed.

71 Authority empowered to make appointment.

72 Appointments to be made on the recommendation of the Municipal

Service. Commission.

73 Constitution of Municipal Service Commission.

74 Powers of Standing Finance Committee to make regulations.

75 Punishment of Municipal officer or staff.

###### CHAPTER V

**Conduct of** **Business, Transaction of Business** **by the Corporation**

**and Standing Committee**

76 Meetings.

77 First meeting after general election.

78 Notice of meeting and business.

79 Vote of majority decisive.


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###### Settitnj

80 Presiding Officer at meeting.

81 Presiding Officer at meeting for election of Mayor.

82 Provisions as to Councillors having pecuniary interest in any

contract, etc., with Corporation.

83 Meeting to be ordinarily open to public.

84 Quorum.

85 Power of Corporation to make rules.

86 Special Committees and other Committees.

87 Provisions relating to Special Committees.

88 Presiding Officers at meetings of the Standing Committees.

89 Conduct of business at meetings of Standing Committees.

90 Sub-Committees of Standing Committees.

###### Minutes and Reports of Proceedings

91 Keeping of minutes and proceedings.

92 Forwarding of minutes and report of proceedings to State Govern­
ment.

93 Validation of acts and proceedings.

###### Works and Contracts

94 Execution of works.

95 Power of Commissioner to sanction estimates not exceeding Rupees

five thousand and fifty thousand.

96 Estimate exceeding Rupees fifty thousand.

97 Certain provisions relating to execution of contracts.

98 Manner of execution.

99 Tender.

**100 Security** for performance of contract.


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**CHAPTER VI**

###### Municipal Property and Liability

##### Stttioiu

101 Acquisition of property.

102 Acquisition of immovable property by agreement.

**103 Procedure** when immovable property cannot be acquired by

**agreement.**

###### 104 Provisions governing disposal of Municipal property.

105 Decision on claims to property by or against Corporation.

106 Property vested in Corporation.

18? Map of immovable property.

108 Resumption by Government.

109 Management of public institutions.

###### PART III

**CHAPTER VII**

Finance

###### The Municipal Fund

110 **Municipal Fund.**

111 **Receipt** of moneys and deposit in Bank.

112 Application of Municipal Fund.

113 **Drawal** of the Municipal Fund.

**114 Restrictions** on expenditure from Municipal Fund.

**115 Procedure** when money not covered by budget grant is expended.

116 **Payments from the** Municipal Funds for works urgently required

**for the public service.**

117 **Investment of surplus money.**

**118** **Constitution** of special funds,


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_1_

###### CHAPTER VIII

 Budget Estimates

_Sections_

119 Estimates of expenditure and income to be prepared annually

by the Commissioner.

120 Framing of budget estimates.

121 Power of Corporation to alter budget grants.

122 Power of Corporation to re-adjust income and expenditure

during the year.

123 Provision as to unexpended budget grants.

CHAPTER IX

###### Borrowing

 124 Power of Corporation to borrow.

125 Form and effect of debentures.

###### 126 Payment to survivors of joint payees.

127 Receipt by joint holders for interest or dividend.

128 Maintenance and investment of sinking fund.

129 Application of sinking funds.

130 Annual statement by Commissioner.

181 Power of Corporation to consolidate loans.

182 Priority of payments for interest and repayment of loans over

other payments.

133 Attachment of Municipal Fund for recovery of money borrowed.

CHAPTER X

###### Audit and Accounts

154 Accounts to be kept in a form approved by Standing

Committee.

115 Transmission of accounts to Government.

136 Annual administration report and statement of accounts by

Corporation.


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**_Sections_**

137 Monthly abstract accounts.

138 Audit of accounts.

139 Commissioner to .submit accounts to Auditors.

140 Powers of auditors to require production of documents.

**141** Municipal authorities to remedy defects and report to

Government.

142 Examiner to surcharge or charge illegal payment or loss

caused by gross negligence, misconduct, etc.

143 Special audit at the direction of Government.

**PART IV**

###### CHAPTER XI

**Taxation**

144 Taxes to be imposed under this Act.

145 Levy of surcharge on tax.

146 Procedure in levying tax, etc.

###### CHAPTER XII

## £
**The Property Taxes**

## >
147 Components and rates of property tax.

148 Exemption from general property tax.

149 Water tax and scavenging tax. /

150 Determination of rateable value of lands and buildings

assessable to property taxes.

151 Chaige by measurement in lieu of w ater tax in certain cases.


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_Sections—_

152 Special rates of scavenging charge in certain cases.

153 Incidence of property taxes.

154 Recovery of property taxes from occupiers.

155 Property taxes a first charge on premises on which they are

assessed.

156 Assessment list.

157^ Evidential value of ^assessment list.

158 Amendment of assessment list.

159 Preparation of new assessment list.

» 160 Notice of transfer.

161 Notice of erection of building.

162 Notice of demolition or removal of building.

163 Power of Commissioner to call for information and returns

and to enter and inspect premises.

164 Premises owned by or let to two or more persons in severally

to be ordinarily assessed as one property.

165 Assessment in case of amalgamation of premises.

166 Employment of valuers.

CHAPTER X III

**Tax on vehicles, boats and anim als**

# * 167 Tax on certain vehicles, boats and animals.

168 The tax on whom leviable.

_4#_

169 Tax when payable.

170 Power of Commissioner to compound with livery stable keeper

etc., for tax.

CHAPTER XIV

**Tax on theatre etc.**

171 Theatre tax.

172 Liability to pay theatre tax.


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10

CHAPTER XV

**Tax on advertisement other than advertisement published**

**in the newspapers**

_Srctions—_

173 Tax on advertisement.

174 Prohibition of advertisements without permission of the

Commissioner.

175 Permission of the Commissioner to become void in certain cases.

176 Presumption in case of contravention.

e

177 Power of Commissioner in case of contravention.

CHAPTER XVI

**Duty on transfer of property**

178 Duty on transfers of property and method of assessment thereof.

179 Provisions applicable on the introduction of transfer duty,

CHAPTER XVII

**Tax on Professions, Trade* and Callings**

180 License to be taken out annually.

CHAPTER XVIII

**Octroi** **O**

181 Octroi on goods carried by railway, load or water.

182 Recovery of octroi.

183 Power to make rules.

CHAPTER XIX

**Land revenue. Local rates, Urban Property Tax, Taxes on Entertain­**

**ment and Betting and Tax on Motor Vehicles collected**

**within the limits of City of Gauhati**

184 State Government to pay proceeds of land revenue.,


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CHAPTER XX

**Paym ent and Recovery o f taxes**

_Sections—_

185 Time and manner of payment of taxes.

186 Presentation of bill.

187 Notice of demand and notice fee.

                                                -

188 Penalty in the case of default of payment of tax.

189 Recovery of tax.

190 Power to break open door or window.

191 Warrant of distress,

192 Sale of goods distrained in special cases.

193 Sale outside the city.

194 Summary proceedings may be taken against persons about to

leave city.

195 Power to institute suit for recovery.

196 Power of seizure of vehicles and animals in case of non-payment

of tax thereon.

197 Occupiers may be required to pay rent towards satisfaction of

property taxes.

198 Recovery of tolls and octroi.

199 Writing off irrecoverable taxes.

200 Receipts to be given for all payments.

201 Demolition, etc., of building.

202 Remission or refund of tax on unoccupied immovable

property.

203 Power to reduce or remit taxes.

204 Appeal against assessment, etc.

205 Conditions of rights to appeal.

206 Finality of appellate orders.


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CHAPTER XXI

**M iscellaneous Provisions relating to Taxation**

_Sections—_

207 Power to inspect for purposes of determining rateable value af taxes.

208 Composition.

209 Obligation to disclose liability.

210 Deduction of profession tax from certain Government employees

211 Power to examine article liable to octroi.

212 Power to search where octroi is leviable.

                                - ■ ■                                 - < . I >V’ j

213 Power to fix prescribed limits and penalty for evasion of paymen t

of octroi.

214 Extension of taxation limits by agreement.         -

215 Taxes not invalid for defect of form.

216 Power of Government to suspend levy of taxes.

**PART V**

CHAPTER XX II

**Public H ealth,** **Safety and Convenience Water Supply,**

**Drainage and Sewage D isposal**

217 General power for supplying water.

218 Supply of water.

219 Making connections with municipal water works.

220 Obligation of owner or occupier to give notice of waste of w at:

221 Responsibility for damage caused by leakage of water.

222 Gutting off of supply to premises. o

223 Power of Commissioner to provide meters.

224 Presumption as to correctness of meters.

225 Damaging water works, misappropriating water and tampering wit
meters.

226 Misuse of and leaving open valves and tampering with valves and

hydrants.

227 Prohibition of erection of any building which would damage

sources of water supply.

228 Prohibition of bathing in or polluting water.

229 Non-liability of Corporation when suppiy reduced or not made in

certain cases.

230 Water supply to the public.


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###### Drainage and Sewage

;■«&. __

_Sections— ■_ _,_

.-4
231 ^Cleansing drains.

232 Appointment of places for emptying of drains and disposal of

sewage.

233 Provision of land for disposal of sewage.

234 Alteration and discontinuance of drains.

235 Provision of public latrines and urinals.

236 Provision of drains privies, etc.,

237 Repairs and closing of drains, privies, latrines, etc.

238 Power of Commissioner to demolish drains, etc.,

239 Unauthorised building over drains, etc.

240 Removal of latrine, etc., near any source of water supply.

241 Discharging sewage.

242 Making or altering drains without authority.

243 Power to require removal of nuisance arising from tanks and like.

244 Jttew building not to be erected without drains.

245 Power of owner of premises to place pipes and drains through

land belonging to other persons.

246 Obligation of owner or joint owners of drain to allow the use of it

to others.

d- 247 How right of use of a drain may be obtained by a person other

than the owner.

248 Commissioner may authorise person other than the owner of a

X drain to use the same or declare him to be a joint user thereof.

249 Power to drain group or block of premises by combined operation.

250 Connecting drains to be constructed at the expense of owners of

premises.

251 Power of Commissioner to affix shafts for ventilation of drain

or cesspool.

252 Right of Corporation to drains constructed at cost of municipal

fund.


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**Sanitary Provisions**

**Regulation o f Public Bathing, W ashing, etc.**

**_Sections—_**

**253** **Construction of places for public bathing, etc.**

**254** **Prohibition of pollution of water by steeping animals or other**

**matters, etc.**

**255** **Prohibition of washing of cloth.**

**General Provision w ith reference to Drainage, Water Supply and**

**Water and other M ains**

**T**

**256 Joint and several liability of owners and occupiers for offence**

**in relation to water supply.**

**257** **Least practicable nuisance to be caused.**

**258** **Powers of carrying wires, pipes, drains, etc.**

**259** **Provision as to wires, pipes or drains laid or carried above surface**

**of ground.**

**260** **Previous notice to be given.**

**261** **Connection with main not to be made without permission.**

**262** **Communications and connections, etc., to be executed subject**

**to inspection by and to the satisfaction of the Commissioner.**

**263** **Troughs and pipes for rain water.**

**264** **Power of access to municipal water works.**

**265** **Compensation for damage.**

**266** **Work to be done by licensed plumber.**

**267** **Control by the Corporation and Standing Committee.**

**268 Control by Government.**

**Conservancy**

**269** **Deposit of rubbish, offensive matter, sewage and carcasses.**

**270** **Collection and removal of sewage.**

**271** **Collection and temporary deposit of rubbish and offensive matter**

**by occupiers of premises.**

**272** **Prohibition of accumulations of offensive matters.**


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15

**Regulation o f Factories and Trades**

_Sections—_

273 Factory, etc,, not to be established without permission of the Com­

missioner.

274 Sanitary regulations of factories, etc.

275 Regulation of dangerous and offensive trades.

276 Premises not to be used for certain purposes without license.

277 Prohibition of pollution of water by chemicals, etc.

278 Inspection of premises used for manufacture, etc.

**Prevention of Dangerous Diseases**

279 Obligation to give information of dangerous diseases.

280 Powers of Medical Officier of Health to inspect places and take

measures to prevent spread of dangerous diseases.

281 Prohibition of use for drinking or for other domestic purposes of

water likely to cause dangerous disease.

282 Power of Medical Officer of Health to remove patient to hospital in

certain cases.

283 Power of Medical Officer of Health to disinfect building, tank, pool

or well.

284 Power of Medical Officer of Health to destroy huts and sheds.

285 Infected building not to be let without being first disinfected.

286 Provision of places for disinfection, washing or destruction of

infected articles and power of Commissioner to disinfect or

destroy such articles.

287 Infected articles not to be transmitted, etc., without previous

disinfection.

288 Restriction on carriage of patient or dead body in public convey­

ance.

289 Disinfection of public conveyance after carriage of paitent or dead

body.

290 Power of Corporation to provide special conveyance for patient or

dead body.

291 Prohibition of making or selling of food, etc., or washing of cloths

by infected persons.

292 Power to restrict or prohibit sale of food or drink.

293 Special measure in case of outbreak of dangerous or epidemic

###### diseases?.


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###### Burning or Burial Grounds

. rtn j’ » r-y ‘                                                        -                                                        - . r

_Stctions—_

294 Power to call for information regarding burning and burial grourub.

295 Permission for use of new burning or burial ground.

296 Power to require closing any burning or burial ground.

297 Provision of new places for disposal of dead.

###### Disposal of Dead Animals >

Disposal of dead animals.

CHAPTER X X II1

###### PUBLIC SAFETY AND SUPPRESSION OF NUISANCES

 Nuisances

299 Prohibition of nuisances.

300 Power of Commissioner to require removal or abatement of nuisances.

###### Dogs

301 Registration and control of dogs.

###### Precaution against Fire, etc.

302 Stacking or collecting inflammable materials.

303 Care of naked lights. »

304 Discharging fire-work, fire-arms, etc.

305 Power to require buildings, wells, etc., to be rendered safe.

###### Prevention and Extinction of fire

_■_ _’_ _•_ _:O(_

306 Maintenance of fire brigade and arrangements for the prevention and

extinction of fire.

307 Power of fire-brigade and other persons for suppression of fire.

308 Power to make regulations for fire-brigade,


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###### 17

     - * CHAPTER XXIV

###### Markets and Slaughter Houses

_Sections—_

309 What to be deemed municipal markets and slaughter-houses

310 Provision of new municipal markets and slaughter-houses.

311 Municipal markets, slaughter-houses and stock-yards may be

closed.

312 Use of municipal markets.

###### *

313 Opening of private markets and private slaughter-houses.

314 Power of Commissioner to license private markets, slaughter-

  - house and stock-yards.

315 Levy of stallages, rents and fees.

316 Stallages, rents, etc., to be published.

317 Prohibition of business and trade near market.

318 License for dealing in flesh, fish and poultry.

CHAPTER XXV

###### Vital Statistics

319 Appointment of Sub-Registrar and Registrars,

320 Duties of Registrar.

321 Information of births and deaths.

###### PART VI E>

CHAPTER XXVI

###### Lands, Buildings and Streets and Development Schemes

322 Development Schemes.

323 Matters to be provided for in a development scheme.

324 Submission of development scheme to the Corporation for

approval.

325 Development Scheme to comply with the Master Plan and Zonal

Development Plan.

326 Power of Government to require Corporation to have scheme.


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**Building Regulations**

fectienj—<

327 Prohibition of erection or re-erection of buildings without

permission.

328 Notice of buildings.

329 Commissioner to refuse erection or re-erection of building.

330 Grounds on which site of proposed building may be disapproved.

331 Grounds on which permission to erect or re-erect building may

be refused.
f

332 Power of Commissioner to direct modification of sanctioned plan

of building before its completion.

333 Lapse of sanction.           -

334 Intimation of completion of building.

335 Erection and use of temporary building to be approved by

Commissioner.

336 Compensation.

337 Power to require removal or alteration of work not in confor­

mity .with bye-laws or executed notwithstanding rejection of

plan, etc.

338 Power of Commissioner to cancel permission on grounds of

material misrepresentation by applicant.

339 Restriction on use of buildings.

340 Prohibition against use of inflammable materials for buildings,

etc., without permission.

341 Bar of jurisdiction .

**Dangerous and Insanitary Building**

342 Provisions regarding buildings unfit for human habitation.

343 Removal of buildings in dangerous state.

344 Abandoned or unoccupied premises.

345 Reclama ion of low-lying sites.

346 Removal of building materials from any premises may be

required

347 Cleansing of filthy buildings.


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X”- Public Streets

_Actions—_

348 Closing of public streets.

Encroachm ent on Streets

349 Prohibition of projections upon streets, etc.

350 Restriction of power of municipal authorities.

351 Footings of buildings not to establish title to land by

longing to Government or vesting in Corporation.

352 Prohibition of deposit, etc., of things in streets.

353 Power to remove anything deposited or exposed for sale

in contravention of this Act.

354 Streets not to be opened or broken up and building materials

not to be deposited thereon without permission.

355 Ground floor doors, etc., not to open outwards on streets.

356 Prohibition of tethering of animals and milking of cattle.

357 Functions of Commissioner in respect of public street.

358 Power to make new public streets.

**359** Minimum width of new public streets.

360 Power to prohibit use of public street for certain kinds of

traffic.

361 Power to acquire lands and buildings for public street

and for parking place.

362 Defining the regular line of streets.

363 Setting back building to regular line of streets.

364 Compulsory setting back of building to regular line of streets.

365 Acquisition of open land and land occupied by platfromSj

etc., within the regular line of street.

366 Acquisition of remaining part of building and land after

inclusion of the portion within a regular line of street have

been acquired.

367 Setting forward of building to the regular line of street.

368 Compensation to be paid in certain cases of setting back

or setting forward of a building.


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###### Private Streets

**_Sections—_**

369 Owner’s obligation when dealing with land as building site.

370 Lay out plans.

371 Alteration or demolition of street made in breach of section 370.

372 Power of Commissioner to order work to be carried out

or carry it out himself in default.

373 Precautions during repair of street.

374 Naming and numbering of streets.

875 Measures for lighting.

376 Provision for lighting of private street by Corporation on

application of owners.

377 Prohibition or removal, etc., of lamps.

###### PART VII

CHAPTER XXVII

**POWERS, PROCEDURES, OFFENCES AND PENALTIES:**

###### Licences and written Permissions

**378** Signatures, conditions, duration, suspension, **revocation,** etc.,

of licenses and written permissions.

###### Entry and Inspection

**379** Powers of entry and inspections.

380 Power to enter adjoining land in relation to any work,

**381** Breaking into.

**382** Time of making entry, etc,

383 Prohibition of obstruction or molestation in execution of work.


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**Public notice a ad Advertisements**

_Sections—■_

384 Public notice how to be made known.

**Notice, etc.**

385 Notices, etc., to fix reasonable time.

386 Signatures on notices, etc., may be stamped.

387 Notices, etc., by whom to be served or issued.

388 Services of notices, etc.

389 Services of bills for tax or notice of demand by ordinary

post.

390 Powers in case of non-compliance with notice, etc.

**Recovery of Expenses**

391 Liability of occupier to pay in default of owner.

392 Execution of work by occupier in default of owner and deduction

of expenses from rent.

393 Relief to agents and trustees.

**Payment of Compensation**

394 General power to pay compensation.

395 Compensation to be paid by offenders for damage caused

by them.

**Recovery of Expenses or Compensation in case of dispute**

396 Reference to the court of the District Judge in certain

cases.

397 Application to the court of the District Judge in other

cases.

398 Power to sue for expenses or compensation.

**Recovery of Certain dues**

399 Mode of recovery of certain dues.

**Obstruction of owner by occupier**

400 Right of owner to apply to the court of District Judge

in case of obstruction by occupier.


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**Proceedings before court of District Judge**

_Sections—_

401 General powers and procedure of the court of the District

Judge.

402 Fees in proceedings before the court of the District Judge.

403 Repayment of half fees on settlement before hearing.

404 Punishment for certain offences.

405 General penalty. , t

406 Offences by companies.

407 Prosecutions. »

408 Compounding of offences.

**Police**

409 Duties of Police Officer.

410 Power of Police Officer to arrest persons.

411 Exercise of power of Police Officers by Municipal Employees.

**Legal Proceedings**

412 Power to institute, etc., legal proceedings and obtain

legal advice.

413 Protection to action of the Corporation, etc.

414 Notice to be given of suits.

CHAPTER XXVIII

x

**Rules, Regulations and Bye laws**

415 Provisions respecting regulations.

416 Provisions respecting bye-laws.

417 Penalty for breaches of byedaws.

418 Supplementary provisions regarding bye-laws.

419 Bye-laws to be available for inspection and purchase.


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_Sections—_

**PART VIII**

CHAPTER XXIX

**Supervision and Guidance**

420 Government’s power to call for records, etc.

421 Government’s power to cause inspections to be made.

422 Government’s power to require performance of duties in d efaul t

of any municipal authority.

423 Government’s power to annul illegal proceedings of Corporation.

424 Government’s power to suspend action.

425 Government’s power to supersede.

426 Power of Government to prescribe forms and make rules.

**PART IX**

CHAPTER XXX

**M iscellaneous and Supplemental Provisions**

**Miscellaneous**

427 Validity of notices and other documents.

428 Admissibility of document or entry as evidence.

429 Evidence of Municipal Employees.

430 Prohibition against obstruction of Mayor or any municipal

authority.

431 Councillor and municipal employees to be public servants.

432 Conditions of service of sweepers and certain other class of

persons employed in municipal (essential) sei vice.

433 Conditions of service of sweepers employed for doing bouse

scavenging.

**<5** 434 Saving of other enactments.

435 Disputes between Corporation and Local Authorities.

436 Disputes between Government and Corporation.
437 Power to remove difficulty.

438 Appeals from Commissioner to Standing Committee.

439 Limitation of time for appeal.

440 Effect of absorption of Panchayat area into the City of

Gauhati.

441 Effect of absorption of a part of Panchayat area into the

City of Gauhati.

442 Removal of difficulties.
443 Special provision as to rural areas.

444 Exemption from Assam Urban Areas Rent Control, Act, 1951,


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**24**

**THE GAUHATI MUNICIPAL** **CORPORATION**

**ACT, 1969**

**Whereas** it is expedient to constitute a Municipal Corporation for the

City of Gauhati, be it enacted in the Twenty-second year of the

Republic of India as follows:—-

**PART I**

###### CHAPTER I
**Preliminary**

Short title, J, (Ji This Act may be called the Gauhati Muni-

an§ ^com-[c i]P[a l G o r] P[o r a t i o n A c t]        - 1 9 7 1 ' ’

mencement.

(2) Except as in hereinafter otherwise

expressly provided it extends to the City of

Gauhati. 1

(3) The provisions of this Act, except this Section

which shall come into force at once, shall come into
force on such date as the State Government may, by
notification in the Official Gazette, appoint :

Provided that different dates may be appointed for

different provisions of this Act and any reference in
any such provision to the commencement of this Act
shall be construed as a reference to the coming into
force of that provision.

Enactments 2. (11 As from the date of establishment of the

and savings. Corporation, the Assam Municipal Act, 1956,

the Panchayat Ac[f] , 1959 and the Assam Town and
Country Planning Act, 1959 shall cease to have effect

within the city. The Corpo-ation shall be deemed

to have been constituted with effect from the date of
the first meeting of the elected Councillors field

after the completion of the first general election
under section 45.

**(2)** Notwithstanding the provisions of sub-section

(1) of this section —

(al Any appointment, notification, order, scheme,

rule, form, notice or bye-law made or issued, and
any licence or permission granted under any of the
enactments referred to in sub-section (1) of this

section and in force immediately before the establish­
ment of the C orporation, shall continue

to be in force and be deemed to have been made,
isued or granted under the provisions of this Act,

usnless and until it is superseded by any appointment,

notification, order, scheme, rule, form, notice, er bye­
law made or issuedj[or any licence or permission
granted under the provisions of tt;« Act;


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(b) All debts, obligations and liabihities incurred,

AH contracts entered into and all matters and

things engaged to be done by, with or for the

Municipal Board or Town Committees functioning
in the city before such establishment shall be deemed
to have been incurred, entered into or engaged to be
done by, with or for the Corporation or the Muni­
cipal authority concerned ;

(c) All budget estimates, assessments, valuations,

measurements or divisions made by any of the

aforesaid local authorities shall continue to be in
force and be deemed to have been made

under the provisions of this Act unless and

until they are superseded by any budget estimate,
assessment, valuation, measurement or division

made by the Corporation or the Municipal authority
concerned under the said provisions ;

(d) All properties, movable and immovable

and all interests of whatsoever nature and kind

therein, vested in any of the aforesaid local

authorities immediately before such establishment

shall, with all rights of whatsoever description used,
enjoyed or possessed by any such body or autho­
rity, vest in the Corporation ;

(e) All rates, taxes, fees, rents and other

sums of money due to any of the aforesaid local
authorities immediately before such establishment

shall be deemed to be due to the Corporation ;

(f) AU rates, taxes, fees, rents fares and other

charges shall, until and unless they are varied by
the Corporation, continue to be levied at the same
rate at which they were being levied by the afore­
said local authorities immediately before such

establishment ;

(g) AU suits, prosecutions and other legal pro­

ceedings instituted or which might have been ins­
tituted by or against any of the aforesaid local

authorities may be continued by or against the

Corporation ; and

(h) Every employee serving under the aforesaid

local authorities immediately before such establish­

ment shall become an employee of the Corporation
with such designation as the Corporation may deter­
mine and hold office by the same tenure and at
the same remuneration and on the same terms and
conditions of service as he would have held the same,
if the Corporation had not been established and

shall continue to do so unless and until such tenure,
remuneration and terms and conditions are duly
altered by the Corporation:

Provided that the tenure, remuneration and the

terms and conditions of service of any such

employee shall not be altered to his disadvantage ;


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Provided further that any service rendered by

any such employee before the establishment of the

Corporation shall be deemed to be service rendered
under the Corporation.

Definitions. 3. For the purpose of this Act, unless there is

anything repugnant in the subject or context.

"Assessment (1) “Assessment list” means the municipal

List.” assessment list prescribed by Section 156 and in­

cludes any list subsidiary thereto ;

“ Bakery.” (2) “Bakery or baking house” means any place

where bread, biscuits, confectionery and such other
things are baked for the purpose of sale;

(3) “Budget grant” means the total sum entered _

on the expenditure side of a Budget Estimate under
a major head and which has been finally adopted
by the Corporation and includes any sum by which
such budget grant may be increased or reduced by
transfer from or to other heads in accordance with
the provisions of this Act, rules, regulations and bye­
laws made thereunder;

“ Building.” (4^ “Building” includes a shop, house, hut, out­

house, garage, shed, privy, urinal, other roofed struc­
ture or stable for whatsoever purpose and of whatso­
ever material constructed and also a wall, but does
not include a tent or other merely temporary

shelter or shed erected on ceremonial ar festive

occasions.

“ Building (5) “Building line” means a line which is in rear of

line.” the street-alignment and to which the main wall of
a building abutting o:i a street may lawfully extend
and beyond which no portion of the building may
extend except as prescribed ;

‘Bye-law.” (6) “ Bye-law” means a bye-law made under this

Act ;

            - C arriage.” (7) “Carriage” means any wheeled vehicle with

springs or other appliances acting as springs, of a kind
ordinarily used for conveyance of human beings and
includes jin-rickshaws, cycle-rickshaws, bicycles and
tricycles but does not include perambulators and in
particular does not include any motor vehicle as
defined in the Assam Motor Vehicles Taxation Act,
1936;


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(8) “ Cart”means any cart, hackney, or wheeled

vehicle with or without spring, which is not a carriage
as defined under sub-section (7) ;

        - City •( (9) “ City of Gauhati’’ or “City” means

Gau hati” or the area within the boundaries to be speci-

“ City.” fied by the State Government on this behalf and

duly notified in the official Gazette from time to

time as required under Section 42 of this Act.

(10) “ Commissioner” means the Commissioner

sione™’" a PP°’n t e ^ under Section 29 and includes a person
appointed to officiate as Commissioner ;

Company” (H) “Company” means a company including an

existing company, private company and public com­
pany, as defined in the Companies Act, J 956 (Central
Act I of 1956), and includes a co-operative society
registered or deemed to have been registered

under the Co-operative Society Act, 1959 (A.ssam Act I
of 1960) or any re-enactment the eto:

“ Compost (12) “ Compost manure” means the produce pre­

M anure, Spared from offensive matter, rubbish and sewage by

subjecting them to the process of compost making in
the manner prescribed by rules ;

“ Conservan- (13) “ Conservancy” means the removal and dispo-

cy.” sal of sewage, offensive matter and rubbish ;

£ “ Corpora. (14) ‘ Corporation” means the Municipal Corpora­

tion.” ^ tion of G auhati;

, “Cream.” (15) “ Cream” means that portion of milk rich in

milk-fat which has risen to the surface of milk on
standing and has been removed or which has been
separated from milk by centrifugal force;

content.” (16) “ Cubical content” when used with refe­

rence to the measurement of a building, means the
space contained within the external surface of its walls
and roof and the upper surface of the floor of its lowest
or only storey ;


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“Dairy.” (17) “Dairy” includes any farm, cattle-shed, cow­

house, from which milk-store, milk-shop or other
places—

(a) from which milk is supplied for sale, or

(b) in which milk is kept for purposes of sale or

used for manufacture or preparation for sale
of any of the following articles;—

(i) butter,

fii) ghee,

(iii) cheese,

(iv) curds, and

(v) dried, sterilised or condensed or tinned milk;

but does not include—

(a) a shop or other place in which milk is sold

for consumption on the premises only, or

fb) a shop or other place from which milk is

sold or supplied in hermetically closed and

unopened receptacles in the same original

condition in which it was first received in
such shop or other place.

**“Dairy** (18) “Dairy man” includes any occupier of a

**man.”** dairy, any cow-keeper who trades in milk, or any

seller of milk whether wholesale, or by retail;

**“Dairy pro.** (19) “Dairy produce” includes milk, butter, ghee,

**cluce.”** curd, butter milk, cream, cheese and any and every
product of milk.

**“Dangerous** (20)“ Dangerous disease” means—

**disease.”**

(a) small-pox, cholera, dysentery, plague,

tuberculosis, leprosy, enteric fever,

diphtheria, cerebrospinal meningitis and

syphillis ; and

(b) any other epidemic, endemic or infectious

disease which the State Government may,
by notification in the official Gazette,

declare to be a dangerous disease for the
purposes of this A ct;


-----

“Domes t ic (21) “ Domestic purposes” :—Supply of water for

purposes.'‘ domestic purposes shall not be deemed to include

a supply:—

(a) for animals or for washing carriages where

such animals or carriages are kept for sale
or hire,

(b) for any trade, manufacture or business other

than those concerned with the manufacture
or supply of articles of food and drink for
human beings.

(c) for fountains,

(d) for watering gardens, roads or paths,

(e) for any ornamental or mechanical purpose,

(f ) for building purposes ;

“Drain.” (22) “Drain” includes a sewer, a house drain, a

drain of any other description, a tunnel a culvert, a

ditch a channel, and any other device for carrying
off sullage, sewage, offensive matter, polluted water,
rain water or sub-soil water;

“ Eating (23) “Eating house” means any premises to

home.” which the public are admitted and where any kind

of food is prepared and or supplied to the public for
consumption on the premises for the profit or gain or

any person owning or having an interest in or
managing such premises ;

“Entertain­ (24) “ Entertainment” includes any exhibition,

ment.” performance, amusement, game or sport to which pere

sons are usually admitted on payment;


-----

‘Erect or „ (25) “ Erect or re-erect” any building

re-erect. jn c lu c j c s ; —

fa) any material alteration or enlargement of

any building ;

(b) the structural conversion into a place for

human habitation of a building not ori­
ginally constructed for human habitation;

(c) the structural conversion into more than

one place for human habitation of a

building originally constructed as one

such place ;                   -

(d) the structural conversion of two or more

places of human habitation into a great
number of such place ;                   -

(e) such alteration of the internal arrangement

of a building as effects an alteration in
its sanitary or drainage arrangements or

affects its stability ;

( f) the addition of any rooms, buildings, out

houses or other structures to a building ;

(g) the reconstruction of the whole or any part

of the external walls of a building or the
renewal of the posts of a wooden build­
ing ;

‘Essential (26) “ Essential Service” meansand includes ser­

Service.”

vices concerning health, sanitation and water

supply organisation of the Corporation and also

any other services declared or notified by the Corpora­
tion with approval of State Government from time to
time as essential service ;

“Examiner.” 627) “ Examiner” means the Examiner of Local

Accounts, Assam and includes officers subordinate to
him assigned for the purpose of Audit ;

Factory.” (28) “ Factory” means a factory as defined in the

Factories Act, 1948 ;

“Flith.” (29) “ Filth” includes night-soiJ, sewage and all

offensive matters ;

(30) “ Financial year” means the year commencing

“Financial

year.” on the first day of April ;


-----

'“Food.” (31) “ Food”, notwithstanding anything contained

in the Prevention of Food Adulteration Act, 1954,
includes every article used for food or drink by man
other than drugs or water, and any article which
ordinarily enters into or is used in the composition

or preparation of human food and also includes con­
fectionery, flavouring, and colouring matter and spices
and condiments ;

“Good?.” (32) “ Goods” includes animals ;

“Govern- (33) “ Government” means the Government of the

ment,” State of Assam ;

“Half year.” (34) “ Half year” means half of financial year ;

“Holding” (35) “Holding” means land held under one title Or

agreement and surrounded by one set of boundaries;

Provided that where two or more adjoining hold­

ings form part and parcel of the site or premises of a
dwelling house, manufactory, warehouse, or place

of trade or business, such holdings shall be deemed to
be one holding for the purposes of this Act ;

**Explanation.—Holdings separated by a road**

or other means of communication shall be deemed to
be adjoining within the meaning of this proviso :

Provided also that where land has been let out

to occupants in separate parcels paying rents separately,
each such parcel shall be treated as a distinct holding
in spite of such parcels of land being held under
one title.

„ „ (36) “ House” means any hut, shop, warehouse,

° [USf]' workshop, a masonry or framed building ;

“House-gul- (37) “House-gully” means a passage or strip of land

ly.” constructed, set apart, or utilised, for the purposes
of serving as a drain or affording access to a latrine,

urinal, cess-pool or other receptacle for filthy or

polluted matter, to municipal employee or per­

sons employed in the cleansing thereof or in the
removal of such matter therefrom and includes

the air-space above such passage or land ;


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“Hut.” (38) “Hut” means any building which is constructed

principally of wood, bamboo, mud, leaves, grass, cloth
or thatch and includes any structure of whatever
material made which the Corporation may declare to
be a hut for the purposes of this A ct;

“ Inhabitan.t’ (39) “ Inhabitant” used with reference to a local

area means any person ordinarily residing or carrying
on business or owning or occupying immovable pro­
perty therein ;

(40) “Land” includes benefit to arise out of land,

things attached to the earth or permanently fastened
to anything attached to the earth and also land

covered by w ater;

(41) “ Latrine” means a place set apart for

defecating or urinating or both and includes a closet
of the dry or water carriage type and urinal ;

(42) “ Lay-out” means any area or plot of land

demarcated or marked out into regular and convenient

bits of divisions to utilie, sell, lease out or otherwise
dispose of the same as sites for the construction of
buildings and includes a street or streets or road or
roads giving access to the site or sites and connecting
with an existing public or private street ;

‘Local au- ( ^ ) “ Local authority” means the Municipal

thority.” Corporation of Gauhati and also includes Municipal

Boards, Town Committees, Panchayats and Develop­
ment Authorities ;

"Lodging (44) “Lodging House” means a house in which

House.” visitors or other persons are lodged for hire for a night
or more and where there is community of eating or
sleeping accommodation ;

        - Marke ” (45) “Market” means any place where persons

assemble for the sale and purchase of articles intended

for food or drink or of livestock or other merchandise;

“ Municipal (46) “ Municipal Authority” means any of the

Authority.” Municipal Authorities specified in sub-secticn (2) of

Section 4 of this Act ;

‘Mualcipul “Municipal drain” means a drain vested

drain.” i» the Corporation;


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“ Muuicipal (48) “ Municipal market” means a market

Virket.”

belonging to or maintained by the Corporation;

“Municipal (49) “Municipal office” means the principal office

Office,” of the Corporation ;

ding*”[bUi1]' (50) “New building” means and includes—

(a) any building constructed or in the process of

construction after the commencement of this
Act;

(b) any building which, having collapsed or having

been demolished or burnt down for more
than one-half of its cubical content is

reconstructed wholly or partially after the

commencement of this Act, whether the

dimensions of the reconstructed building are
same as those of the original building or not;

(c) any building not originally constructed for

human habitation after the commencement
of this Act;

Explanation.-—Clause (b) applies whether mere-

than half the cubical content has collapsed or been
demolished or burnt down at the same time or at
different times.

Hon” [8 0] ®’ { 5 1 ) “Notification” means a noti-'cation pub.

lished in the Official Gazette of the Government of

Assam;

‘’Nuisaate” (52) “Nuisance” includes any act, omission

palace or thing which causes or is likely to

cause injury, danger, annoyance or offence to the

sense of sight, smell or hearing or disturbance to rest
or sleep, or which is or may be dangerous to life or

injurious to health or property;

**“Occupied!** (53) “Occupier" means—

(a)Tany person who for the time being is paying

or is liable to pay to the owner the rent or any
portion of the rent of the land or building in

» respect of which such rent is paid or is pay­

c a b le ;

(b) an owner in occupation of, or otherwise using

the land or building;

(c) a rent-free tenant of any land or building;

(d) a licensee in occupation of any land or

building;

(e) any person who is liable to pay to the owner

damages for th use and occupation of any

land or building;


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34

^Octroi” (54) “ Octroi” means a tax on the entry of goods

into the limits of the city for consumption, use or
sale therein ;

**’•Offensive** (55) “ Offensive matter” includes animal

**matter” .** carcass, kitchen refuse and table refuse, dung, diyt
and putrid or putrefying substances other than

sewage;

**“ Owner!'** (56) “ Owner” includes—

(a) the person for the time being receiving the

rent of any land or building or of any part

of any land or building whether on his
own account or as agent or trustee for any
person or society or for any religious or
charitable purpose, or as a receiver, or
who would so receive such rent if the
land, building or part thereof were let to
a tenant; and

(b) the person for the time being in charge of the

animal or vehicle, in connection with which
the word is used ;

’'Premises’* (57) “ Premises” means any land or building

or part of a building and includes—

(a) the garden, ground and out-houses, if any,

appertaining to a building or part of a

building ; and

(b) any fittings affixed to a building or part of a

building for the more beneficial enjoyment
thereof;

» (58) “Prescribed” means prescribed under the

**“ Prescribed** pTOVjs ;o n g o f ?his Act, rules, regulation, and bye-Jaws;

“ Private lav- (59) “ Private lay-out” means a lay«uut form-

o u t”' cd by an invidividual or body of persons whether

incorporated hr But i


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z-. road”. Sq u a r e c o [urt, alley or passage which is not a public ]

road and includes a pathway made by the owner of
premises on his own land to secure access to or

the convenient use of such premises ;

“Privy” (61) “Privy” means place for easing nature ;

“Public (62) ‘Public street” means any street, road,

street”, lane, gully, alley, passage pathway, square or court

whether a thoroughfare or not, over which the public
have a right of way, and includes—

(a) the roadway over any public bridge or

  - caus eway ;

(b) the footway attached to any such street

public bridge or causeway ; and

_i_

(c) the drains attached to any such street, public

bridge or causeway, and where there is

no drain attached to any such street, shall

unless the contrary is shown, be deemed to
include also, all land upto the outer wall of

the premises abutting on the street,

or, if a street alignment has been fixed,
then upto such alignment;

“Rate” (63) “Rate” means—

(a) the tax upon the rateable value of holdings ;

(b) license fees ;

(c) the water tax ;

Cd) the lighting tax ;

(e) the drainage tax ;

(f) the scavenging tax ;

(g) the tax on private markets :


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(®^) “Rateable value” means the value of

a ue,., a a n y land or building fixed in accordance with the provi- K

sions of this and the bye-laws made thereunder

for the purpose of assessment to property tax ;

“Regulation” (65) “ Regulation” means a regulation made

by the Corporation under this Act by notification in

the official Gazette ;

“ Reside” (66) “ Reside” —

(a) a person shall be deemed to ‘reside’ in any

dwelling house or hut which, or some portion

of which, he sometimes, although not uninter­
ruptedly, uses as a sleeping apartm ent; and                  -

(b) a person shall not be deemed to cease to

‘reside’ in any such dwelling house or hut
merely because he is absent from it or has
elsewhere another dwelling house or hut in
which he resides if there is the

liberty of returning to it at any time and no
abandonment of the intention of returning
to it ;

“ Rubbish” (67) “Rubbish” means dust, ashes, broken brickss
broken glass, mortar and refuse of any kind which
is not “offensive matter” as defined in this section ;

“Rules” (68) “Rule” means a rule made under this

Act;

^Scavenger” (69) “Scavenger” means a person employed in

collecting or removing filth, in cleansing drains,

latrines, or a u [ghter-house or in driving carts used for ]

the removasl filth;

“ Schedule” (701 “Schedule” means the Schedule appended

to this Act;

“Scheduled (71) “ Scheduled Caste” means any of the

Cftste”. Scheduled Castes specified in the Constitution (Sche­

duled Castes) Order, 1950, for the time being in force;

£

“Scheduled (72) “Scheduled Tribes” means any of the

Tribe”. tribes specified in the Constitution (Scheduled Tribes)
Order, 1950, for the time being in force;

“ Sewage” (73) “ Sewage” means night-soil and other

contents of privies, urinals, cesspools or drains and
includes trade effluents and discharges from manufac­
tories of all kinds;

hed!* (74) “ Shed” means a slight or temporary

structure for shade or shelter;


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“Slaughter- (75) “Slaughter-house” means any place used

ouse. fo r l [j]l c [ slaughter of cattle, sheep, goats, kids or ]

pigs for the purpose of selling the flesh thereof as meat;

’‘Street*’ (76) “ Street” includes any way, road, lane,

square, court, alley, gully, passage, whether a thorough
fare or not and whether built upon or not, over which
the public have a right of way and also the roadway or
foot way over any bridge or causeway;

“ Street line’’ (77) “ Street line” means the lffl e dividing the

land comprised in and forming part of a street from
the adjoining land;

' “Tax’* (78) “Tax” includes any toll, rate, cess, fee

or other impost leviable under this Act;

“Trade (79) “Trade effluent” means any liquid either

, affluent” with or without particles of matter in suspension therein,

which is wholly or in part produced in the course of
any trade or industry carried on at trade premises and
in relation to any trade premises means any such
liquid as aforesaid which is so produced in the course
of any trade or industry carried on at those premises,
but does not include domestic sewage;

         - Trade pre- (80) “Trade premises” means any premisers

mises”. used or intended to be used for carrying on any trade or

industry;

“Trade re- (81) “Trade refuse” means the refuse of any

fuse”. trade or industry;

“Vehicle” (®^) “Vehicle” includes a carriage, cart, van,

dray truck, hand-cart, bicycle, tricycle, cycle-rickshaw,
auto-rickshaw, motor vehicle and every wheeled con­
veyance which is used or is capable of being used on
a street;

“Ward” (83) “ward” means a municipal ward provided

by order made under Section 43 for the purpose of
election of councillors;

“Water (84) “ Water Course” includes **any** **river,**

Gouris”, stream or channel whether natural or artificial;

“Water (85) “ Water Works” includes all lakes, tanks,

works’ . streams, cisterns, springs, pumps, wells, reservoirs,
aqueducts, water trucks, sluices, mains, pipes

culverts, hydrants, stand pipes and conduits

and all lands, buildings, machinery, bridges and

things, used for, or intended for the purpose of supply­
ing water;

“Workshop” (86) “ Workshop” means any premises (includ­

ing the precincts thereof) other than a factory, **wherein**
any industrial process is carried on ;

‘Year” (87) “Year” means a year commencing on the

**1st day ef April.**


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**PART II**

**C onstitution and Governm ent A dm inistration o f the Corporation**

###### CHAPTER II

**The** **M unicipal** **A uthorities**

Municipal 4. (1) There shall be a Corporation charged with

Authorities. t h e Municipal Administration of the city of

Gauhati to be known as the Municipal Corporation
of Gauhati.

(2) For the efficient p rformance of the func­

tions of the Corporation there shall be the following
Municipal Authorities under the Corporation, namely

(a) The Standing Committee; and

(b) The Commissioner.

**The Corporation**

Constitution 5. (1) There shall be One councillor for every

of the Cor- p o pU]a t io n o [f 7 500 subject to a ] [maximum of 60 ]
potation. r r ’
number*:

Provided that wherever five per cent or more of

the inhabitants of the Corporation are Scheduled Castes,

and in case no person belonging to the Scheduled

Castes is elected to the Corporation, the Corporation
shall co-opt one such person as Councillor:

Provided further that wherever five per cent or more

of the inhabitants of the Corporation are Scheduled
Tribes, and in case no person belonging to the Sche­
duled Tribes is elected to the Corporation, the Corpora­
tion shall co-opt one such person as Councillor:


-----

39

Provided further that this representation shall

continue only as long as special representation for the
Scheduled Castes and Scheduled Tribes continues to
be provided for in the Constitution of India :

Provided further that such co-opted Councillors shall

be in addition to the Councillors provided for in sub­
clause (I) (a) of this section.

(b) All the Councillors shall be elected by direct

election on the basis of adult suffrage as stipulated in the
Representation of the People Act, 1950 (Central Act

XLIII of 1950) from various wards into which the city
shall be divided in accordance with the provisions of
this Act and the rules made thereunder.

__ Explanation.-—For the purposes of this Act, “popula­_

tion” shall mean the population as ascertained at the

latest census of which the relevant figures have been
published.

Incorporation (2) The Corporation shall by the name of the

tion °[rP O ra]' Municipal Corporation of Gauhati be a bod}’ corporate

and have perpetual succession and a common seal
and may by such name sue and be sued.

Power of Cor- (3) The Corporation shall have power to acquire

porationas and hold property, both movable and immovable with-

rcXtbie & [i a ] o r without the limits of the city, and subject to

Immmovable the provisions of this Act, the rules and bye-laws made

property, thereunder, to transfer or to acquire any property and

to contract and do all other things necessary for the

e* purpose of this Act.

G e n e ra l 6. (1) Subject to the provision of this Act and

powers of rules and bye-laws made thereunder, the Municipal

the Corpo- Administration of the city shall vest in the

Corporation, and the Corporation shall be entitled to

exercise or discharge any powers, duties and functions
expressly assigned by or under this Act or any other Act,

(2) Without prejudice to the generality of the

provisions of sub-section (1), it shall be the duty of the
Corporation to consider al! periodical statements of
**receipts** and disbursements and all progress reports
and pass such resolutions thereon as it thinks fit


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40

**Matter to** **7. It** shall be incumbent on the Gorpo[r a t] ion

be provi- t o m a []j]e [ adequate provision by any means or measures ]

d 'rat7iTOr' which it is lawfully competent to use or take, for each
**pora an.** following matters, namely :—

(J) the construction, maintenance and cleaning

of drains and drainage works and public
latrines, urinals and similar conveniences ;

(2) the construction and maintenance of works

and means for providing a supply of water
for public and private purposes ;

(3) the scavenging, removal and disposal of filth,

rubbish and other obnoxious or polluted
matters;

**(4)** the reclamation of unhealthy localities, the

removal of noxious vegetation and generally
the abatement of all nuisances;

**(5)** the regulation of places for the disposal of

the dead and the provision and maintenance
of places for the said purposes ;

(6) the registration of births and deaths ;

**(7)** public vaccination and inoculation ;

(8) measures for preventing and checking the

spread of dangerous and contagious diseases;

(9) the establishment and maintenance of

hospitals, dispensaries and maternity and
child walfare centres and the carrying out
of other measures necessary for public

medical relief;

**(10) the construction and maintenance of m uni­**

cipal markets and slaughter-houses and the

regulation of all markets and slaughter­

houses ;

(11) the regulation and abatement of offensive

or dangerous trades or practices ;

(12) maintenance of fire-brigade and the

protection of life and property in case of

fire;

(13) the securing or removal of dangerous

building and places ;

(14) the construction, maintenance, alteration

and improvement of public roads, streets,

bridges, culverts, cause-ways and the like ;


-----

**41**

(15) the removal of obstructions and protections

and unauthorised occupation in or upon

si reels, bridges and other public places ;

(16) the naming and numbering of streets and

premises, effecting and installing of statues of

important personalities ; I

(17) the maintenance of a Municipal Cor­

poration office and of all public monu­
ments and open spaces and other property
vesting in the Corporation ;

(18) the establishment and maintenance of cattle

pounds;

(19) the construction and maintenance of resi­

dential quarters for the Corporation

stall including conserveacy stall ;

20) the maintenance of ambulance ervice;

(21) the provision of public )park, garden play­

grounds and r creation grounds .

(22) the lighting, watering and cleansing of

public streets and other public places ;

(23) subject to adequate provision being

made for the matter sp< eified )above, the
provisions of >elief to dest tute 'persons in
the city in times of famine and scarcity and
the establishing! t ai d maintenance of

relief works in such times ;

(24) taking oi measures against i ood

a lultiration ire tiding milk, ghee, mustard
oil, rice, atti. a id other food stuff: and

(25) the fulfilment of any other obligation

imposed by or under this Act or any other

law for the time being in force.

Matters 8. Subject to any law, rule or regulation in

which may

force the Corporation may, in its discretion

be taken by
Corporation provide from time to time, solely or partly for
at its discre -all or any of the following matters, namely:—
tion. (1) the establishment, aiding or maintenance oi

educational institutions, libraries, museums,

art galleries, botanical or zoological collec­

tions;

(2) the establishment and maintenance of, and

aid to, stadia, gymnasia and places for

sports and games;

**(3)** the planting and care of **trees on road sides,**

**andelsewhercj**


-----

(4) the surveys of buildings and lands;

(5) the registration of marriages;

(6) the taking of a census of population;

(7) the civic receptions to persons of distinc­

tion;

(8) the providing of music or other entertain­

ments in public places or places of public
resort;

**(9) the** holding of fairs and exhibitions; »

(10) the organisation, maintenance or manage­

ment of institutions within or without the                     -

city for the care of persons who are

destitute, infirm, sick or incurable, or

for the care and training of blind, deaf,
mute or otherwise disabled persons or of
handicapped and uncared for children;

(11) the organisation, maintenance or manage­

ment of maternity and infant welfare homes
**or centres;**

**(12)** the purchase and maintenance of dwelling

houses for Corporation employees ;

(13) any measures for the welfare of the Corpo»

ration employees or any class of them inclu­
ding the sanctioning of loans to such
employee or any class of them _for construc­_
tion oi houses and purchase of vehicles;

(14) the organisation or management of

chemical or bacteriological laboratories for
the examination or analysis of water,

food adulteration, and drugs for the

detection of adulteration or of causes

of diseases or for research connected

with the public health and medical relief ;

|15) the establishment and maintenance of

veterinary hospitals ;

**(16)** the organisation, construction, maintenance

and management of swimming pools, public
houses, bathing places and other institutions

designed for the improvement of public

**health}**


-----

(17) dairies or farms within or without the city
###### -A

for the supply, distribution and processing
of milk products for the benefit of the
residents of the city ;

(18) the provision of milk to expectant or nursing

mothers or infants or school children ;

(19) the construction and maintenance in public

street or places drinking fountains for

human being and water-troughs for animals;

(20) the regulation of lodging houses, camping

grounds and rest-houses in the city ;

(21) the construction, establishment and main*

tenance of theatres, cinemas, petrol pumps
and other public buildings;

(22) the organisation and maintenance of shops

or stalls for meeting the daily necessities of
life in times of scarcity,

(23) the prevention of c.t uelty to animals ;

(24) contributions towards any public fund

raised for the relief of human suffering or for

the public welfare ;

(25) the acquisition and maintenance ol grazing

grounds and the establishment and main­

tenance of a breeding stud ;

(26) establishing and maintaining a farm or

factory for the disposal of sewage ;

(27) the construction and maintenance of ware*

houses and godowns;

(28) the construction and maintenance or regula­

tion of garages, sheds and stands for

vehicles and cattle buyers ;

(29) the organisation and management of cottage

industries, handicraft centres and sales

c mporia;

(30) establishing labour welfare centres for it*

employees and subsidising the activities of
any association, union or club or creche

of such employees by grant of loans for it*
general advancement ;

(31) the maintenance of a band orchestra;


-----

(32) establishing or assisting in the establishment

of information centres, wherefrom the

public may readily obtain information con­
cerning services, available within the city,
provided by the Corporation or by Govern­
ment and any other information relating

to Municipal Administration affecting the

city ;

(33) subject to conditions or restrictions, if any

as the Government may specify—

(i) arranging for the publication, within its

area, of information on questions relating

to Municipal Administration ;

(ii) arranging for the delivery of lectures

and addresses and the holding of discussions
on such questions and arranging for this
purpose display of books, cinematograph,
films or models or the holding of exhibi­
tion* relating to such questions ;

**(34)** preparing or joining in the preparation or

contributions to the cost of the preparation
of pictures, films, models or exhibitions to
be displayed or held as aforesaid ;

(35) with the consent of the Government contri­

buting towards the expenses of any

Co-operative organisation carrying on

activities within the area of the Cor­

poration, for the purpose of promoting the
development of trade, industry or com­

merce therein ;

(16) the acquisition of immovable or movable

property for any of the purposes before
mentioned including payment of the cost
of investigation, surveys or examinations

in relation thereto for the construction or

adaptation of buildings necessary for such
purposes ;

_(37) any measure not hereinbefore_ specifically

mentioned, likely to promote public

safety, health,convenience or general welfare ;

**(38)** the regulation of trade and commerce

within the limits of the City Corporation ;

**(39)** the regulation of the distribution of electric

power within the city ;

(40) the regulation of streams, nallas and

pipes carrying water, rubbishes and

effluents through the city; and

**(41)** the doing of anything the expenditure

whereof is declared by the Corporation to
be an appropriate charge on **the**

**Corporation Fund,**


-----

45

'A . ‘

Standing 9. The Mayor, the Standing Committees and >S [:] .

and^Com [t] ^le Commissioner shill give effect to every resolu-

missioner t ’o n ^ [ie] Corporation unless such resolution relates

to give to a matter in which, under the provisions of this

effect to re- Act or the Rules, bye-laws and regulations made
Cor'o"’ °[f] thereunder the decision of the Mayor, the Standing

tion.[P]°[r?] Committee or the Commissioner as the case may be,

is final.

Power of 10. The Corporation or the Mayor **may**

Corpora­ at any time call for the proceedings of a Standing

tion to call

for extracts Committee or of any Committee or for any return,

proceed­ statement, accounts or report connected with any

ings, etc. matter with which such Committee is empowered to

deal. ®

Power of 11. (1) The Corporation or the Mayor may at

Corpora- any time require the Commissioner—

tion and

Standing
Committee
or requi-

sion of Com­
missioner's
records.

(a) to produce any record, correspondence,

plan or other document which is in his
possession, or under his control as Chief
Officer ;

(b) to furnish any return, plan, estimate, state­

ment, account of statistics connected with
the Municipal Administration ;

(c) to furnish a report by himself or to obtain

from any Head of Department subordinate
to him and furnish with his own remarks
thereon a report upon any subject con­
nected with the Municipal Administra­
tion.

(2) The Commissioner shall comply with every

such requisition unless in his opinion immediate

compliance therewith could be prejudicial to the
interest of the Commissioner or of the public,

in which case he shall make a declaration in

writing to that effect and shall, if required by the
Commissioner or the Standing Committee, as the

case may be, refer the case to the Commissioner

whose decision shall be final.


-----

**A»alatatat** **12.** (1) The Corporation may, and if so

**c'mmiit** **required by** Government shall join with a local

***** ****’ authority or** authorities in appointing a Joint Com­

**mittee** **for** any purpose in which they are jointly

**interested** or for any matter for which they are jointly
**responsible.**

(2) A Joint Committee may include persons who

are not members of the Local Authorities concerned
but who may in their opinion possess special qualifica­
tions for serving on such Committees;

Provided that the number of such persons shall

**not exceed one thifB of the total number of members**
**ef** the Joint Committee.

(3) **The** constitution of a Joint Committee shall

**be by** means of regulations which shall not, except in
**the cases referred to in sub-sections** (6) and (7) have
**effect** unless assented to by each of the Local Autho­
**rities concerned.**

**(4) The regulations shall determine—**

**(a) the total number of members of the Joint**

**Committee ;**

(b) the number who shall be members of the

Local Authorities concerned and the num­

ber who may be outsiders ;

(c) the persons who shall be members of the

Joint Committee or the manner in which

he shall be elected or appointed ;

**(d)** the person who shall be the Chairman of

the Joint Committee or the manner in

which he shall be elected or appointed ;

(e) the terms of office of members and Chair­

**man ;**

**(f) the** powers, being powers exercisable by

one or more of the Local Authorities con­
cerned, which may be exercised by the

Joint Committees ; and

(g) the procedure of the Joint Committee j

**(5)** Regulations made under sub-sections (3) and

**(4) may be varied or revoked, provided that all the**
**Local Authorities concerned assent to such variation**

**•r revocation.**


-----

**(6) If the Government take action under sub-**

section (1), they may issue such directions as they
think necessary or desirable in respect **of all or any of**
the matters referred to in sub-sections (3) and (4).

(7) If any difference of opinion arises **between**

Local Authorities under any of the foregoing provisions
of this section, it shall be referred to the **Government**
whose decision shall be final:

Provided that, if the Local Authority concerned

is **a** Cantonment Authority, any such decision **shall**

not be binding unless it is confirmed by the Central
Government.

Duties and 13. (1) Any Councillor may call the attention

powers of o f the proper Authority to any **neglect in the**

CauncUlor [e x e c u t] i° [n] °i the municipal works, to any **waste of**

municipal property, or to the wants of any locality,
ana may suggest any improvements which he considers
desirable.

(2) Every Councillor shall have the right **to**

interpellate the Mayor on matters connected **with**

the Municipal Administration subject **to such regu­**
lations as may be framed by the Corporation.

M ayor, 14. • Neither the Mayor nor the Deputy **Mayor**

D e p u ty n o r any* Councillor shall receive or be paid from

Councillor [t] ^l e hinds a t the disposal of or under the control

not to re- of the Corporation any salary or other remuneration
ceive remu-for services rendered by him in any capacity **what-**
neraticn. soever:

Provided that nothing in this section shall **apply**

to the payment of any conveyance **allowance of**

travelling allowance or daily allowance to the Mayor
or the Deputy Mayor or any Councillor by **the Cor­**
poration at such rate as may be determined by rulel
made by the State Government in this behalf.

Election of **15.** (1) The Corporation shall at its **first meeting**

Je ut[Y] Ma- [a] ^t e r January each year, elect—
>epu y Ma- **(a )** **o n e o f it s m c t n b e r s t 0** **b e** **t b e** **[ J^]a y o r** **[.]**

Chairman.

(b) one of its members other than the **Mayor**

to be the Deputy Mayor ; and

(c) Members of the different Standing **Com­**

mittees from amongst its **members.**


-----

(2) Each Standing Committee shall at its first

meeting after the election referred to in clause (a) of
sub-section (1) elect one of its members other than
the Mayor to be its Chairman.

(3) The Mayor, Deputy Mayor or Cnairman shall

be entitled to hold office from the time of his election

and until the election of his successor provided that
in the meantime he does not cease to be a councillor.

On the occurrence of any vacancy in the office

of Mayor, Deputy Mayor or Chairman, the Cor-
poraton or Standing Committee, as the case may
be, shall at its next meeting elect a successor, who
shall be entitled to hold office so long as the person            -

in whose place he is elected would have been

entitled to hold it, if the vacancy had not occurred.

**Resignation** 16. (1) The Mayor may resign his office by

**of Mayor.** giving notice in writing to the Corporation and his
resignation shall take effect from the date on which
it is placed before the Corporation.

**(2)** The Deputy Mayor, may resign ffis office by

giving notice in writing to the Mayor and his resig­
nation shall take effect from the date on which it is
received by the Mayor.

**Prerogative** 17. (1) The Mayor is the head of the Corpora-

**of the Mayor** tion and shall be responsible to the Corporation and

he shall have full access to all the records of the

Corporation and shall obtain reports fiom the Com­
missioner on any matter connected with the

administration of the Corporation.

(2) All correspondence between the Corporation

and Government or other authority shall be con­
ducted by the Commissioner :

Provided that no letter shall be sent to the Govern­

ment by the Commissioner without intimation to the
Mayor, and on such intimation the Mayor may

furnish his views, if any, to the Government.

**Functions** 18. (1) The Mayor shall preside over all meetings

**• f Mayor.**

of the Corporation and his decision and rulings in
conducting the proceedings of the meetings shall be
final.

**U(2)** The’Mayor^ shall be solely responsible for

**maintenance of** discipline in the meetings of the

**Corporation.**

19. (1) When the office of the Mayor is vacant

**Functions** his functions shall devolve upon the Deputy Mayor
**of Deputy**
**Mayor.** **until a new Mayor** is elected.


-----

(2) When the Mayor is absent from his duty on

account of illness or any other cause, the powers, duties
and functions of the Mayor shall be exercised and

performed by the Deputy Mayor.

(3) The Mayor may, by an order in writing,

delegate any of his functions to the Deputy Mayor.

###### The Standing Committee

Constitution 20. There shall be Standing Committees dealing

of standing respectively with—
Committee.

(i) Taxation and Finance, and Planning and

Development (or Standing Finance Com­
mittee) ;

(ii) Public Works

(iii) Public H ealth; Conservancy and Water

Supply ;

(iv) Assessment, Markets and Trades ; *

(v) Appeals ;

Election of gl. (1) Each Standing Committee shall consist

_Committees._ ^[v e m e] mbers elected by the Corporation from its

own numbers other than the Mayor:

Provided that no Goncillor shall be a member

of more than one Standing Committee at the same
time.

(2) A Councillor elected to be a member of **a**

Standing Committee shall hold office for one year

unless he sooner resigns from the same, or his term

of office as Councillor is in any manner determined
earlier but any member may be elected again to the
same or any other Standing Committee:

Provided that a member elected in a casual

vacancy shall be entitled to hold office so long only
as the person in whose place he is elected would
have been entitled to hold office if the vacancy had
not occurred.

(3) When a vacancy occurs in a Standing Com­

mittee, the Corporation shall fill up the vacancy as
soon as may be by the election of another Councillor.


-----

Function 22. The Corporation shall by regulations framed

Committees ^o r t ^l c Pu r Po s e determine the powers and duties of

ommi e . standing Committee and may by such regulations

provide for a conference of two or more Standing

Committees or a Joint Committee for any purpose
in respect of which they may be jointly interested.

Special po- 23. (1) The Standing Committee dealing with

wers of finance and taxation, etc. (hereinafter referred to as

finance Standing Finance Committee) in addition to the

Committee, powers, duties, and function determined under the

regulations referred to in Section 22—

(a) shall supervise the utilisation of the budget »

grants;

(b) shall have access to the accounts of the

Corporation and may require the Com mis- js

sioner to furnish any explanation which it
considers to be necessary a3 to the receipts
and expenditure of the Municipal Fund ;

(c) may conduct a monthly audit of the munici­

pal accounts and shall be bound to check
the monthly abstract of receipts and dis­

bursements for the preceding month as
furnished by the Commissioner ;

(d) may recommend to the Corporation the

writing off of the amount of any loss of,
or of any depreciation caused to, municipal
property which appears to the Committee
to be irrecoverable.

Constitution Whenever in this Act the expression “the

of referencesStanding Committee” occurs, it shall unless the con-

to Standing text otherwise requires, be deemed to refer to the

Committee particular Standing Committee to which the power or

duty in connection with which the expressios is used is
assigned by this Act or by regulations made by the
Corporation. J*

Dalegatioa ^5. In any case in which it is provided by this

of powers to Act [o r a n] Y other law that the Commissioner may take

C o m m i s* action subject to the approval, sanction, consent or

s io n e r by concurrence of a Standing Committee, the Committee
Committee?[8 ] [m a] X’ resolution in writing, authorise him to take

action in anticipation of its approval, sanction, consent

or concurrence subject to such conditions, if any, as
may be specified in such resolution.


-----

flection of 26. Every Standing Committee shall at its first

'afid [r] Deputv[m e e t] ^n S *"c c t o n e *ts m c m bers to be the Chair-

Cbairman. [7 m a n] and another as its Deputy Chairman.

rerm of 27. (1) The Chairman or Deputy Chairman of

ancT'oeputy [a] Standing Committee shall hold office from the time

Chairman. of his election until the election of his successor in

office unless in the meantime he resigns his office as

Chairman or Deputy Chairman or his term of office
as member of the Standing Committee is in any
manner terminated.

(2) An outgoing Chairman or Deputy Ghairman

shall be eligible for re-election.

(3) On the occurrence of any vacancy in *the

office of the Chairman or Deputy Ghairman a Stand­
ing Committee shall at the meeting next after the

occurrence of such vacancy elect one of its members
as Chairman or Deputy Chairman as the case

may be.

Resignation 28. (1) The Chairman, the Deputy Chairman or any

deputy other members of the Standing Committee may, at

and members [a n] V [t] *m e > resign his office by writing under his hand

of Standing addressed to the Mayor.

Committee.

(2) A resignation under sub-section (1) shall take

effect from the date specified for the purpose in

writing referred to in that sub-section, or if no such
date is specified, from the date of its receipt by the
Mayor as the case may be.

**The Commissioner**

Appoint- 29. Immediately after coming into force of this

ment ofComAct the State Government shall depute and appoint
missioner. a n [ officer of sufficient seniority and experince as Com­]
missioner of the Corporation on such terms and

conditions, as the former may determine. He shall
not be a member of the Corporation, but shall be a
wholetime officer of the Corporation and shall have
the right to attend all the meetings of the Corporation
without any right of voting.


-----

Power an 30. Notwithstanding anything c j n t a i n e d

fi1?Tt^Com t ^1’s Act, the first Commissioner appointed by

missioner. 'Government under Section 29, shall perform only such

functions under this Act as are specifically notified

by the Government for the purpose of holding of the
first general election of the Councillors and conven­
ing of the first meeting of the Corporation

for the election of Mayor, Deputy Mayor and

Members of Standing Committees under Section 15
and for convening of the first meeting of the Standing
Committees for electing Chairman and Deputy Chair­
man under Section 26 and shall thereafter perform all
functions of the Commissioner under the Act.

Salary a nd 31. The pay and allowances of the Commissioner

allowances a s m a [y from time to ] time be fixed by the State

of Commis- Go v e r n m ent, shall be paid in the first instance from

the consolidated fund of the State. The whole

of .the pay and allowances paid to the Commis­

sioner and the contributions towards his leave salary
and pension to the extent required shall be credited
monthly io the State fund by the Corporation.

Leave of 32.(1) Leave may be granted to the Commis-

Commissioner sioner by the State Government on the recommenda­

tion of Mayor.

(2) Whenever such leave is granted to the Com­

missioner the State Government shall appoint

another person to officiate as Commissioner in his
place.

Appointment 33. If any vacancy occurs in the office of the Com-

of officiating missioner on account of death, resignation or removal

Commis- the State Government may appoint another person to

of death ^e-[e]°® [c] ^a t c Commissioner in his place for a period

signation or not exceeding two months pending the appointment
removal. of Commissioner under Section 29.

P ow er of 34. Subject, whenever it is hereinafter

C om m is- expressly directed, to the sanction of the Corporation

sioner. o r Standing Committee, as the case may be,

and subject to all other restrictions, limitations and
conditions hereinafter imposed, the executive power
for the purposes of carrying out the provisions of
this Act shall be vested in the Commissioner, who

              - all also perform all the duties and exercise all the
powers specifically imposed or conferred on him other­

wise.


-----

Emergency 35. The Commissioner may in case of emergency

Commis- ^*[r e c t] execution of any work, or doing of any

«ioner. a c t which would ordinarily require th e approval, sanc­

tion, concurrence or consent of the Corporation

or the Mayor and the immediate execution or

the doing of which is, in his opinion, necessary for

the service or safety of the public, or for the prevention
of extensive damage to any property of the Corpora­
tion, and may direct that expenses for executing the
work or of doing the act shall be paid from the Muni­
cipal Fund, provided that the Commissioner shall

report forthwith to the Mayor, the action taken

under this section and the reason thereof.

**Custodian** The Commissioner shall be responsible for

**of Records,** the custody of all records of the Corporation

including all papers and documents connected with
the proceedings of the Corporation, the Standing Com­
mittees and other Committees, and shall arrange for
the performance of such duties relative to the procee­
dings of the said bodies as they may respectively impose.

**Delegation** The Commissioner may delegate to the holder

**of Commis-** of any municipal office any of his ordinary powers,

**sioner’s** duties or functions except those conferred or imposed

**ordinary** U[p]O n o r [ vested in him by the following provisions, ]

**power,** namely, sub-section (1 ) of Section 41, Section 52,

Section 119, sub-section (1) of Section 136, Section

337, Sections 342 to 345 (inclusive) and Section 372.

Provided th at:—

(a) such delegation shall be in writing and

shall specify the name or official designa­
tion of the person to whom the delegation
is made ;

(b) such delegation is reported to the Mayor ;

(c) the Commissioner shall not delegate his

power under Section 97 to make, on
behalf of the Corporation, any contract

involving an expenditure exceeding one

thousand rupees;

(d) when the Commissioner delegates under

this section any power or duty which is
exercisable or is required to be performed
subject to the approval of any other

authority, the Commissioner shall send a
copy of die order of delegation to such
authority.


-----

Power of the 38. Whenever the Commissioner takes any action

Commissio- in cnticipation of the approval, sanction, consent

able with th e [o r] concurrence or the Corporation in pursuance oi

approval l he powers delegated to him under Section 35 he

of the stand- shall forthwith inform the Mayor.
ing Commit­
tee.

Reservation 39. The exercise or discharge by any municipal
of control officer of any powers, duties or functions delegate
in respect to him under Section 37 shall be subject to such
of power
delegated. restrictions, limitations and conditions, if any, as

may be laid down by the Commissioner and shall

also be subject to his control and revision.

Delegation 40. The Commissioner may on his own lespon-

of Commis­ sibility and by an order in writing authorise the
sioner’s Health Officer, the Engineer, the Revenue Officer
emergency
powers. or any other officer who is the head of a depaitment

working under the Commissioner, or any person in

temporary charge of the duties of any of the

offices aforesaid to exercise the emergency powers

conferred upon him by Section 35.

###### Administration Report

Submission 41. (1) As soon as may be after the first day of April
of annual in every year and not later than such date as may be

Adminis­ fixed by the Government, the Commissioner shall

tration re-
nort to prepare a detailed administration report on the pre­

G overnm ent ceding year in such form as the Government may

prescribe.

(2) The Corporation shall consider the report and

forward the same to the Government with their resolu­
tions thereon,if any.

(3) Copies of the administration report shall be

kept for sale at the municipal office.

###### CHAPTER IH

 Election of Councillors

Declaration 42- (•) For the purposes of this Act the areas

of local areas within the limits to be specified by the State

a« Gauhati Government in this behalf and duly notified in

c ity          - the Official Gazette shall constitute the city of

Gauhati.

(2) The Government may, from time to time,

after consultation with the Corporation, by a notifica­

tion in the official Gazette, alter the limits

so as to include therein, or to exclude therefrom,
such area as is specified in the notification.


-----

Power of the 38. Whenever the Commissioner takes any action

Commissio- in cnticipation of the approval, sanction, consent

able with th e [o r] concurrence or the Corporation in pursuance oi

approval l he powers delegated to him under Section 35 he

of the stand- shall forthwith inform the Mayor.
ing Commit­
tee.

Reservation 39. The exercise or discharge by any municipal
of control officer of any powers, duties or functions delegate
in respect to him under Section 37 shall be subject to such
of power
delegated. restrictions, limitations and conditions, if any, as

may be laid down by the Commissioner and shall

also be subject to his control and revision.

Delegation 40. The Commissioner may on his own lespon-

of Commis­ sibility and by an order in writing authorise the
sioner’s Health Officer, the Engineer, the Revenue Officer
emergency
powers. or any other officer who is the head of a depaitment

working under the Commissioner, or any person in

temporary charge of the duties of any of the

offices aforesaid to exercise the emergency powers

conferred upon him by Section 35.

###### Administration Report

Submission 41. (1) As soon as may be after the first day of April
of annual in every year and not later than such date as may be

Adminis­ fixed by the Government, the Commissioner shall

tration re-
nort to prepare a detailed administration report on the pre­

G overnm ent ceding year in such form as the Government may

prescribe.

(2) The Corporation shall consider the report and

forward the same to the Government with their resolu­
tions thereon,if any.

(3) Copies of the administration report shall be

kept for sale at the municipal office.

###### CHAPTER IH

 Election of Councillors

Declaration 42- (•) For the purposes of this Act the areas

of local areas within the limits to be specified by the State

a« Gauhati Government in this behalf and duly notified in

c ity          - the Official Gazette shall constitute the city of

Gauhati.

(2) The Government may, from time to time,

after consultation with the Corporation, by a notifica­

tion in the official Gazette, alter the limits

so as to include therein, or to exclude therefrom,
such area as is specified in the notification.


-----

(3) The power to issue a notification under sub­

section 2 shall be subject to the following conditions,
namely:—

(a) a draft of the proposed notification shall

be published in the official Gazette for

the information of all persons likely to
be affected thereby inviting objections

and s u g g e s t i o n s within 60 days

from the date of such publication as may

be specified in such notification ;

(b) a copy of the draft notification shall be

referred to the Corporation for expressing
its views thereon within the period specified
in such notificat ion ; and

(c) such draft shall not be further proceeded

with until after the period specified in the
notification has expired;

(d) On the expiry of the period specified in the

notification issued under clause (a) of this sub-section
and after considering any objection or suggestion which
may be received by Government within the speci­

fied period of the said notification, the State Govern­
ment may by notification within a period of six

months from the expiry of the period specified in
the notification referred to above, include the pro­
posed area or any part thereof in the Corporation
or exclude it therefrom.

Deiimitaticn 43. (1) For the purposes of election of councillors

of wards, the Corporation with the approval of the Govern­
ment shall—

(a) divide the city into such number of

wards as there are councillors to be
elected ; and

(b) determine the extent of each ward

(2) Each ward shall return one councillor

and all the electors of a ward shall be entitled to
vote for election of a councillor from that ward.


-----

Power to al. 4. The Government may, from time to time,

delimitation[1] a ^t e r consulting the Corporation, by order published

orders i[n] the official Gazette, alter or amend any orders

made by the Corporation under Section 43.

Election of 45. The election of Councillors shall be held in

Councillors. t ^ e prescribed manner.

Qualifies- 45. a person shall not be qualified to be chosen

Councillor-[a s a] councillor unless his name is registered as an

ship."       - elector in the electoral roll for any ward in the

city:

Disqualifies- 47_ (J) A person shall be disqualified for being

Councillor- chosen as, and for being, a councillor
ship of Cor*
poration,

(a) if he is of unsound mind and stands s o

declared by a competent court ;

(b) if he is an undischarged insolvent;

(c) if he is not a citizen of India, or has

voluntarily acquired the citizenship
of a foreign state or is under any
acknowledgement of allegiance or

adherence to a foreign State ;

(d) if he holds any office of profit under

the Government or under the

Corporation or under any other

local authority ;

(e) if he has in proceedings for questioning

the validity or regularity of an

election been found to be guilty of—

(i) any corrupt practice, or

(ii) any offence punishable under section

171-E or Section 171 -F of the

Indian Penal Gode unless a

period of five years has elapsed
since the date of the finding or
the disqualification has been

removed either retrospectively or
prospectively bv the Govern­

ment.


-----

f) if he has been sentenced on conviction

by a criminal court to imprisonment
for any of the offences referred to in
clause (e) or to imprisonment for

an offence involving m o r a l

t u r p i t u d e unless in each

case a period of five years has

elapsed since the date of the convic­
tion or the disqualification has been
removed either retrospectively or

prospectively by the Government ;

(g) if he is directly interested in any subsisting

contract made with, or any work
being done for the Corporation

   - except as a shareholder (other than
a director) in an incorporated com­
pany or as a member of a co­
operative society ;

t

(h) if he is retained or employed in any

professional capacity either personally
or in the name of a firm of which he
is a partner or with which he is
engaged in a professional capacity
in connection with any cause or
proceedings in which the Corporation
or any of the municipal authorities
is interested or concerned ;

(i) if he fails to pay any arrears of any ♦

kind, due from him, otherwise than
as an agent, receiver, trustee or

an executor, to the Corporation

within three months after a notice
in this behalf has been served upon
him.

(2) Notwithstanding anything contained in

sub-section (1)—

(a) a person shall not be deemed to have

incurred any disqualification under

clause (d) of that sub-section by reason
only of his receiving—

(i) any pension ; or

(ii) any allowance or facility for serving

as the Mayor or Deputy Mayor or
as a Councillor ; or

fjii) any fee toi attending a meeting of

any committee of the Corporation;


-----

(b ) a disqualification under clauses (e) and (f) oi

sub-section (1) shall not take effect until
three months have elapsed since the

date of such disqualification or if

within the period of limitation for sub­
mitting an appeal or petition for revision
is brought in respect of the conviction or
sentence, until that appeal or petition

is disposed o f; or

i ;) a person shall not be deemed to have

any interest in a contract or work such
as is referred to in clause (h) of that
sub-section by reason only of his having
share or interest in—

(il any lease, sale, exchange or purchase

of immovable property or any

agreement for the same ; or

(ii) any agreement for the loan of money

or any security for the payment of
money ; or

(iii'l any newspaper in which any advertise­

ment relating to the affairs of the
Corporation is inserted ; or

(iv) the sale to the Corporation or to any

municipal authority or any employee

###### »

of the Corporation on behalf of

the Corporation of any article in
which he regularly trades or the pur­

chase from the Corporation or

from any such authority, or any

such employee on behalf of the Cor­
poration, of any article of a value

in either case not exceeding two

thousand rupees in the pgreegate
in any year during the period of

the contract or work ; or

(v) the letting out on hire to the Corpora­

tion or the hiring from the Cor­

poration of any article of a value
not exceeding two thousand rupees
in the aggregate in any year during
the period of the contract or work ;
Or

fvi) any agreement or contract with the

Corporation or any municipal

authority for taking water or elec­
tricity or any other thing which the
Corporation may generally supply.


-----

(3) If a person sits or votes as a Councillor

of the Corporation when he knows that he is not
qualified or that he is disqualified to be a Councillor
he shall be liable in respect of each day on which he
so sits or votes to a penalty of two hundred and
fifty rupees to be recovered as an arrear of tax under
this Act.

Disqualities 48. (1) If a Councillor—

from

continuing

as (a) becomes disqualified for being a member

Councillor. by reason of the provisions of section

47 ; or

(b) absents himself during three successive

months from the meetings of the Cor­
poration except from temporary illness

or other cause to be approved by the
Corporation ; or

(c) absents himself from, or is unable to

attend, the meetings of the Corporation
during six successive meetings for

any cause whatever, whether approved

by the Corporation or not;

he shall cease to hold office as such

and the Government, may, by notification

in the official Gazette, declare his seat

to be vacant.

(2) »Vhen a C ouncillor ceases to hold office as

such the Commissioner shall at once intimate in

writing the fact to such Councillor and the Govern­
ment, and report the same to the Corporation at its
next ensuring meeting.

R ight t° vote 49. (1) Every person whose name is, for the time

of voting[0 ] b e i n « entered in the electoral roll for a ward, pre­
pared in the prescribed manner, shall be entitled to
vote at the election of a Councillor from that ward.

(2) Voting shall be by secret ballot and every

elector shall have one vote.


-----

**General** 50. (1) A general election of Councillors shall be

**election** **of** held for the purposes of constituting the Corporation

**Councillors.**

under section 5.

(2) A bye-election shall be held for the purposes

of filling up vacancies arising in the offices of the

Councillors

Notifica- 51. For the purposes of constituting the Corporation,

**tien** for **elec-** t jle Commissioner shall, by one or more notifications
**cillors** UD" published in the official Gazette, call upon all the

wards to elect Councillors in accordance with the

provision of this Act and the rules and orders made

thereunder before such date or dates as may be
specified in the notification or notifications.

52. When a vacancy occurs in the office of aCoun-

**0ffice[> e]** **of[l n ]** c ih° r » the Commissioner shall, as soon as may be,

**Councillor,** after the occurrence of such vacancy by a notifica­

tion in the official Gazette call upon the ward con­

cerned to elect a person for the purpose of filling

the vacancy:

Provided that no election shall be held to fill a

vacancy occurring within six months prior to the

holding of a general election under section 50 (1).

**Procedure** 53. (1) If at a general election or a subsequent

**if election** bye-election held to fill a vacancy no Councillor is

**aside°[r] **** e hcted or an insufficient number of Councillors are
elected or the election of any or all of the Councillors
is set aside under this Act and there is no other
candidate or candidates who can be deemed to have been
elected in his place or their places, the Commissioner
shall fix another day for holding a fresh election

and fresh election shall be held accordingly in the

prescribed manner.

(2) A Councillor elected under this section

shall be deemed to have been elected to fill a

vacancy.

**Procedure** 54. If at a general election or an election held to

**on failure of** fill a vacancy there is an equality of votes between
**election inc[ _]** two or more candidates, the Commissioner shall

uality ofvotes- decide by drawing lots which candidate shall be

deemed to have been elected.


-----

Term of 55, (1) Subject to the provision of this Act, the

Councillors [t c r m] °f office °f [a] Councillor shall be for five years

and shall commence on the date of first meeting of
the result of the general election under section 56:

Provided that the Government may, by notifica­

tion in the official Gazette extend for reasons to

be specified therein the said term to such period as it
thinks fit and provided further that the total period

so extended shall not exceed one year under section-
50(1).

(2) A Councillor elected to fill a vacancy shall

hold office for the unexpired period of office of the
Councillor in whose place he has been elected.

(3) An outgoing Councillor shall continue in

office until the election of his successor is notified
under section 56.

**«** **Publication** 56. The names of all persons elected as Gouncil-

       - cden* l° [rs ] a s s o o n a s m a y be a ft e r such election be

published by the Government in the official Gazette :

Provided that the names of all Councillors elected

at a general election shall be so published as far as
possible simultaneously.

57. (1) Every Councillor shall before taking his

**affirmation'** **[s e a t ]** **m a ^e** **a n ^** subscribe at a meeting of the Cor­

**by Council-** potation an oath or affirmation according to the

**l»n.** following form, namely:—

“ I, A. B. having been elected a Councillor of

the Municipal Corporation of the city of
Gauhati do swear in the name of God/
solemnly affirm that I will bear true faith
and allegiance to the Constitution of

— India as by law established and

that I will faithfully discharge the duty

upon which I am about to enter.”

**(2)** If a person sits or votes as a Councillor

before he has complied with the requirements of

sub-section (1) he shall be liable in respect of each

day on which he so sits or votes to a penalty of
two hundred and fifty rupees to be recovered as an
arrear of tax under this Act.

Resignation 58. Any Councillor may by writing under his

**o f office** by hand addressed to the Mayor resign his office and

**Oouaoulor.** g u c [h resignation shall take effect from the date ] on

which it is accepted by the Mayor.


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**Trial o f Election Petitions**

Definitions. 59. In this chapter unless there is anything

repugnant in the context—

(a'' “costs” mean all costs, charges and

expenses of or incidental to the

trial of an election petition;

(b) “corrupt practice” means any of the

practices so defined in the Represen­
tation of Peoples’ Act, 1951 as

amended from time to tim e;

(c) “election” means an election held

under the provisions of this Act or
of any rules made thereunder ; and

(d) “advocate” means any person entitled to

appear and plead for another in a
Civil Court and includes a Pleader, a
vakil and an Attorney of High Court.

Election 60. (1) No election shall be called in question

petition. except by an election petition presented in accor­

dance with the provisions of this section.

(2) Such election petition shall be presented

to the prescribed authority within forty-five days

from the date on which the result of the election
is notified.

(3) An election petition calling in question any

such election may be presented on one or more of
the grounds specified in Section 62, by any candi­
date at such election or, by any elector of the ward
concerned.

(4i An election petition—

(a) shall contain concise state ment of the

material facts on which the petitioner
relies ;

(b) shall with sufficient particular set

forth the ground or grounds on

which the election is calle in

question ;

(cl shall be signed by the petition and

verified in the manner laid d wn in
the Code of Civil Procedure, 1908,

for the verification of pleadings; and


-----

(d) shall be accompanied by a sum of rupees

two hundred and fifty for elect io
petition.

Appointment g] The procedure provided in the Gode of Civil

judge[StnC t] Procedure, 1908, (5 of 19081, in regard to the suits

shall be followed by the Court of the District Judge
as far as it can be made applicable in the trial and

diiftfal cfanelection’pctition under this Act.

Ground for g2. (1) Subject to the provisions of sub-section (2)

K o n 7 to [i f t h e D i s t r i c t] J [u d] S[e is o f] pinion—
be void.

(a) that on -the date of his election a

returned candidate was not qualified

or was disqualified, to be chosen as a
Councillor .under this A ct; or

(b) that any corrupt practice has been

committed by a returned candidate

or his agent or by any other person

with the consent of a returned can­

date or his agent; or

(c) that any nomination paper has been

improperly rejected ; or

(d) that the result of the election, in so

far as it concerns a returned candidate,
has been materially affected—

(i) by the improper acceptance of any

nomination ; or

(ii) by any corrupt practice committed in

the interests of the returned can­

didate by a person other than that
candidate or his agent or a person
acting with the consent of such

candidate or agent; or

(iiil by the improper acceptance or refusal

of any vote or reception of any

vote which is void; or

(iv) by the non-compliance with the

provisions of this Act or of any

rules or orders made ;

(vj the District Judge shall declare the

election of the returned candidate

to be void.


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(2) If in the opinion of the District Judge, the

agent of a returned candidate has been guilty of any

corrupt practice, but the Judge is satisfied—

(a) that no such corrupt practice was

committed at the election by the
candidate, and every such corrupt

practice was committed contrary to
the orders; and without the consent
of the candidate;

(b) that the candidate took all reasonable

means for preventing the commission
of corrupt practices at the election; and

(cl that in all other respects, the election

was free from any corrupt practice

on the part of the candidate or any
of his agents;

then the District Judge may decide

that the election of the returned

candidate is not void.

Decision of 63. (1) At the conclusion of the trial of an

the District election petition, the District Jdudge shall make an

Judge. order—

(a) dismissing the election petition ; or

(b) declaring the election of all or any of

the returned candidates to be void ;

or

(c) declaring the election of all or any of

the returned candidates to be void
and the petitioner and any other

candidate to have been duly elected.

(2) If any person who has filed an election

petition has, in addition to calling in question the

election of the returned candidate, claimed declara­
tion that he himself or any other candidate has been
duly elected and the District Judge is of opinion— ,

(a) that in fact the petitioner or such other

candidate received a majority of the
valid votes; or

(b) that, but for the votes obtained by the

returned candidate, the petitioner or
such other candidate would have

obtained a majority of the valid

votes;


-----

the District Judge shall, after declaring

the election of the returned candidate
to be void, declare the petitioner or
such other candidate, as the case

may be, to have been duly elected.

(3) The District Judge after pronouncing

orders made under this section shall send a copy
thereof to the Corporation and the Government.

(4) Every order of the District Judge under

this section shall take effect as soon as it is pronoun­
ced by him :

Provided that an application may be made to

the District Judge’s Court for stay of operation of an
order made by him under this Section before the expir­
ation of the time allowed for appealing therefrom and
the District Judge may, on sufficient cause being shown
and on such terms and conditions as he

may think fit, stay operation of the order, but no
application for stay should be made to the District

Judge after an apppeal has been preferred to the

High Court :

Provided further that where by any such order

the election of a returned candidate is declared to be
void, acts and proceedings in which that candidate
has, before the date of the order, participated as a

member of the Corporation shall not be invali­

dated by reason of that order.

Appeals from 54. An appeal shall lie from every order

thfS n o^d.erts passed by the District Judge under section 63

Judge’ to the High Court

(2) The High Court shall, subject to the pro­

visions of this Act, have the same powers, jurisdiction
and authority, and follow the same procedure, with
respect to an appeal under this section as if it were

an appeal from the original decree passed by a

Civil Court situated within the local limits of its
civil appellate jurisdiction.

(3) Such appeal shall oe preferred within a

period of forty-five days from the date of the order

of the District Judge under section 63:


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**66**

Provided that the High Court may entertain an

appeal after the expiry of the said period of forty-five

days, if it is satisfied that the appellant has sufficient

cause for not preferring the appeal within such period :

Provided further that where an appeal has been

preferred against an order made under this section,
the High Court may, on sufficient cause being shown

and on such terms and conditions as it may think
fit, stay the operation of the order appealed from.

(4) The decision of the High Court on an appeal

under this section shall be final and conclusive.

**Execution** **65.** Any order as to costs under the provisions

**of orders as** of this Chapter may be produced before the Principal

**to costs,**

Civil Court of original jurisdiction within the local
limits of whose jurisdiction any person directed by
such order to pay any sum of money has a place of
residence or business and such court shall execute

the order or cause the same to be executed in the
same manner and by the same procedure as if it
were a decree for the payment of money made by
itself in a suit.

**Maintenance** j-r
(1) Every officer or clerk, agent or other
of secrocy

of voting, person, who performs any duty in connection with

recording or counting of votes at an election, shall
maintain and aid in maintaining the secrecy of the
voting and shall not, except for some purpose
authorised by or under any law, communicate to

any person any information calculated to violate
such secrecy.

(2) Any person who contravenes the provisions

of sub-section (1) shall be punishable with imprison­
ment for a term which may extend to three months,
or with fine, or with both.

**CHAPTER IV**

**Municipal Officers and staff**

Appointment **67.** (1) The Corporation may' appoint proper

**of** **officers persons, including officers on deputation from State**

**of the Cor-** Government to be the Chief Engineer, the Collector,
**potation.** **t** **[^]** **e** [(2Ilii]e [f Accounts and Audit ] Officer, the Chief

Health Officer, theMunicipal Secretary and such other

posts, on such other terms and conditions as may
be determined in this behalf.


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(2) An officer referred to in sub-section (1)

may be appointed on probation before he is con­
firmed in the post.

(3) The qualifications, salary, allowance, the

period of probation, if any, the period of service,

the age of superannuation and all other conditions

of service of the officers referred to in sub-section

(1) shall be prescribed by rules made by the Cor­

poration.

(4) (a) The appointment of every officer referred

to in sub-section (1) shall be subject to the approval

)f the State Government.

(b) If the State Government does not com­

municate its approval to the appointment of any officer
referred to in sub-section (1) within 45 days from
the date of receipt of the communication from the

Corporation, the appointment shall' be deemed to
have been approved.

(c) If the State Government refuses to

approve the appointment of any officer referred to
in sub-section (1), the Corporation shall make a

fresh appointment to the post of such officer within
forty-five days from the date of receipt of the communi­
cation refusing such approval, and in the event of
the failure of the Corporation to make a fresh

appointment within such time, the State Govern­

ment may appoint a person to the post of such
officer:

Provided that pending the approval of the

appointment by the State Government as aforesaid,
the Corporation may appoint a person to such post
for a temporary period on salary and allowances
not exceeding those provided for such officer

Powers and 68. The Municipal Secretary shall be the Secretary

d“[tle].’ . °[f] of the Corporation and also of the Standing Committee

Secretary. a n c       - shall—
(a) perform such duties as he is directed by or

under this Act to perform and such other
duties in and with regard to the Corporation
and the Standing Committee as shall be

required of him by those bodies respectively;

(b) have the custody of all papers and docu­

ments connected with the proceedings of—

(i) the Corporation and any Committee ap­

pointed by the Corporation under Sec­
tion 86;

(li) the Standing Committee and any sub­

committee thereof;


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(c) prescribe, subject to such direction as the

S t a n d i n g Committee m a y fro m

time to time give, the duties of the officer

and employees immediately subordinate to
him; and

(d) subject to the orders of the Standing Com­

mittee exercise supervision and control

over the acts and proceedings of the said
officers and employees and subject to the
regulations, dispose of all questions relating
to the service, remuneration and privileges
of the said officers and employees.

_Explanation.—Where a municipal officer or employees_

immediately before the commencement of this Act was

holding a post tenable for a limited period, nothing in
this Act shall be deemed to extend the term of his
office beyond such period. r

Schedule of 69. (1) The Commissioner shall from time to

posti- time prepare and lay before the Standing Finance
Committee a schedule setting forth the designation and

grades of the officers and staff other than those
mentioned in sub-section (1) of section 67 who should
in his opinion constitute the Corporation establishment
indicating the salaries, fees and allowances payable
to them.

(2) The Standing Finance Committee may

either approve or amend such schedule as he

thinks fit and shall lay such schedule before the
Corporation for its consideration and approval.

(3) The Corporation may sanction such sche­

dule with or without modifications as it thinks fit
and may from time to time amend it either of its
own motion or after ascertaining the opinion of the
Standing Finance Committee.

Personsnot 70. (1) No officer or employee shall be enter-

Schedule[10 t a] ^n c d in a n Y department of the Municipal Corporation

not to be unless he has been appointed under section 67 or his
appointed, office and emoluments are included in the Schedule

for the time being in force prepared and sanctioned
under section 69.

(2) Nothing in this section shall be construed a-

affecting the right of tjie Corporation or the Commiss
sioner to make any temporary appointment for
period not exceeding six months which it or he ias
empowered to make under this Act


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69

^ Authority 71. Subject to other provisions of this Act,

empowered^ appointment to the Corporation establishment shall be
^appointment. [m a] de

(a) by the Corporation if the maximum

salary of the officer is not below

two hundred and fifty rupees per

month;

(b) by the Commissioner in all other

cases with the approval of the

Corporation.

AtPPbe"maede Appointment to posts referred to in sub-

on the recom-se[01]*011 0 ) section 67 and to posts carrying a

mendation maximum salary not below one thousand rupees per

of the M uni-month should be made on the recommendation of
cipal Service r j1(; Assam Public Service Commission.
Commission:

(2) Appointments to posts carrying maximum

salary not below two hundred and fifty rupees but
below one thousand rupees per month shall be made
on the recommendation of the Municipal Service

Commission.

(3) The Municipal Service Commission snail hold

examination periodically for recommending candidates
for appointment to posts mentioned in the Schedule
referred to in section 69, the maximum salary of
which is not below two hundred and fifty rupees but
below one thousand rupees per month.

(4) Notwithstanding anything contained in sub­

section (2), if the appointing authority proposes that
any particular vacancy, the maximum salary of which
is not below two hundred and fifty rupees but below
one thousand rupees per month, should be filled up by
promotion from subordinate ranks, then the Municipal
Service Commission shall decide whether such vacancy
shall be filled up by promotion or by direct recruitment
and in the latter case shall invite applications and take
such other steps as it may consider necessary for the
purpose of recommending candidates for appointment
to the vacancy.

(5) Notwithstanding anything contained in sub­

sections (1), (2.!, (3j and (4) it shall not be necessary

to consult the Public Service Commission and the

Municipal Service Commission, where a vacancy in
a post is not likely to exceed three months or if the

post is created for a temporary period not likely

to exceed six months.


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(6) Appointments to posts, the maximum salary

cf which is below two hundred and fifty rupees per
month shall be made by the Commissioner with the
approval of the Corporation subject to regulations
relating to such appointment as may be framed by

the Municipal Service Commission, and approved

by the Corporation.

Constitution 73. (1) The Corporation shall, as soon as may be

of Municipal after the commencement of this Act, constitute a
Service Co- Municipal Service Commission consisting of— mmission. r °

(a) a Chairman who shall be a member of the

State Public Service Commission, deputed by such
Commission from time to time;

(b) the Secretary to the Government of Assam

Municipal Administration Department or his nominee

and

(c' two Councillors selected by the Corpora­

tion.

_(2) The Corporation shall by rules made in this_

behalf provide for—

(a) the manner in which the Commission shall

perform the duties imposed upon it by or under the
Act; and

(b) the number of members of the staff of the

Commission and their conditions of service.

74. (1) Subject to other provisions of this Act, the

Powers of
Standing Fi­ Corporation may, in consultation with the Standing
nance Com­ Finance Committee and the Municipal Service
mittee to

Commission, frame regulations—

make regula­
tions.

(a) fixing the amount and nature of security, if

any, to be furnished ;

(b) regulating the grant of leave, leave

allowance and officiating allowance ;

(c) regulating the grant of pension, bonus and

gratuities ;

(d) regulating the grant of travelling allowance

and house-rent allowance ;

(e) regulating the fixation of initial pay on a

time-scale of pay ;


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71

( f ) regulating compassionate allowance and

gratuities to municipal officers and

staff and families of deceased municipal
officers and staff;

(g) establishing and maintaining provident or

annuity fund and making contributions
thereto compulsory by both the munici­

pal employees and the Corporation ;

(h) prescribing the qualification for employ­

ment of municipal officers and

staff;

A (i) regulating conduct of municipal and staff; and officers

(j) generally prescribing the conditions of

service of Municipal officers and staff:

Provided that in framing regulations as aforesaid

express provision shall be made so as to ensure that any
money payable to a municipal officer or staff upon
his retirement from any provident fund or annuity
fund or as gratuity shall be paid to him within six
months of such retirement.

(2) The Corporation may, in accordance with

the regulations framed under sub-section (1) grant—

**(a)** pensions, allowances, bonuses and gratuities

to municipal officers and staff; and

(b) compassionate allowances and gratuities to

members of the families of deceased mu­
nicipal officer and staff and may also sup­
plement contributions to a provident fund
or an annuity fund in accordance with

the said regulations.

(3) Subject to any regulations framed under

sub-section (1), the Commissioner may grant leave of
absence to any municipal officer or staff :

Provided that the Commissioner shall not grant

leave of absence for any period exceeding one month
to any municipal officer or staff not appointed by the
Commissioner, without obtaining the san tion of the
Standing Finance Committee to such leave.

**Explanation:—For the purposes of this Chapter**

the family of a municipal officer or staff shall be
deemed to include his wife, children, father, mother,
brother or sister, dependent upon him for support.


-----

Punishment 75. (1) Every Municipal officer and staff

of Municipal m a y reduced in rank suspended or dismissed

°taff [1] ° [r] *o r a r iy breach of departmental rules or discipline

or for carelessness, negligence of duties or other miscon­
duct by the authority by whom such officer or staff
is appointed, as may be provided for in the rules to be
made in this behalf.

(2) (a) In the case of a Municipal officer or

staff drawing a salary not exceeding one thousand

rupees per mensem and appointed by the Commis­
sioner or by any authority to whom the power of ap­
pointment has been delegated by the Commissioner,
an appeal shall lie to the Standing Finance

Committee.            -

(b) In the case of a Municipal officer or staff

appointed bv the Corporation on the recommendation
of the Municipal Service Commission or the Assam »

Public Service Commission an appeal shall lie to
the State Government.

CHAPTER V

**CONDUCT OF BUSINESS**

**Transaction of Business by the Corporation**

Meetings. 76. (j) The Corporation shall meet not less

than once a month for the transaction of business.

(2) The Mayor or, in his absence, the Deputy

Mayor may, whenever he thinks fit, and shall upon a
requisition made in writing by any fifteen Councillors,

call a meeting of the Corporation.

First meeting 77. The flrS f m eeting of the Corporation after the

raVelection* 8[e n e r 3] ^ election cf Councillors shall be held as early as

possible but not later than six weeks from the date of
announcement of the results of the election

and shall be convened by the District Magistrate            -

(Executive).

Notice of 78. A notice of meeting along with a list of

business[5] business to be transacted at every meeting except

at an adjourned meeting shall be delivered at

registered address of each Councillor at least five days

hefore the time fixed for such meeting and no business
shall be brought before, or transacted at, any meeting
other than the business of which notice has been so

given:


-----

/'i Provided that any Councillor may send or

deliver to the Municipal Secretary notice oi

any resolution going beyond matters mentioned in the
notice given of such meeting so as to reach him at least
three days before the date fixed for the meeting and the
Municipal Secretary shall with all possible despatch
take steps to circulate such resolution to every Coun­
cillor in such manner as he may think fit.

_Explanation :—In this section, “ Registered address”_

means the address for the time being entered in the
register of addresses of Councillors maintained in this
behalf by the Municipal Secretary.

**V oter** **e f** 79. (1) All matters required to be decided by

**Majority** the Corporation shall, save as in this Act otherwise

deeirive. provided, be determined by a majority of the Council
lors voting at the meeting before which the matter ig

    - brought.

(2) The voting shall be by show of hands provided

that the Corporation may, subject to such rules as may
be made by it, resolve that any question or class of
questions shall be decided by ballot.

(3) At any meeting, unless a poll be demanded

by at least five members, a declaration by the

Presiding Officer of such meeting that a reso­

lution has been carried or lost, and an entry to

that effect in the minutes of the meeting shall, for the
purpose of this Act, be conclusive evidence of the fact
without proof, of the number or the proportion of the
votes recorded in favour of or against such resolution.

(4) If a poll be demanded, the votes of all the

members present who desire to vote shall be taken
under the direction of the Presiding Officer of the
meeting, and the result of such poll shall be deemed
to be the decision of the Corporation at such

meeting.

**Presiding** 80. (1) The Mayor, or, in his absence, the

**»** **Officer at** Deputy Mayor, shall preside at every meeting of the

**mee mgs** ^Corporation, and shall have a second or casting vote

n all cases of equality of votes and his ruling in con­

ducting the proceedings of the meeting shall be final.

(2) In the absence of the Mayor and the Deputy

Mayor, the Councillors present at the meeting shall
choose one of their members to preside, who shall in
case of equality of votes have a second or casting vote.

(3) The Presiding Officer of any meeting at

which a quorum of the Councillors is present may, with
the consent of a majority of the members present
adjourn the meeting.


-----

(4) The Presiding Officer in an abnormal situation

arising in a meeting, may adjourn the same if in his
opinion the situation demand adjournment or ask the
Councillor or Councillors responsible for the abnormal
situation to leave the House and on his or their refusal
to do so, may have him or them removed by the
Marshall appointed by the Corporation.

Presiding 81. (1) Notwithstanding anything contained in

Officer at Section 80 or elsewhere in this Act, a meeting for elec-

“ e'e'lection [t i o n o f t] ^1C M a y ° r aud the Deputy Mayor, shall be

of the presided over by the Commissioner of the Plains

Mayor. Division :

Provided that .such Presiding Officer shall not have

any vote.

(2) If equality of votes is found to exist between

any candidates for election as Mayor or Deputy Mayor,

the determination of the person who shall be deemed
to have been elected shall be made by lot, to be drawn
in the meeting in such a manner as the Presiding
Officer may determine.

(3) The Presiding Officer shall report to the State

Government the name of the person elected as Mayor
or Deputy Mayor and the State Government **shall**
publish such name in the official gazette.

Provision as 82. (1) If a Councillor has any pecuniary

to Council- interest direct or indirect in any contract or employ-
pecuniary^ [m] c n t o r other matter and is present in a meeting of

interest in the Corporation or of a Committee at which the

any con- c o n [tract or other matter is the subject of consideration, ]

wUhCorpo- he shall at the meeting as soon as practicable after the
ration. 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
m atter:

Provided that this section shall not apply to an

interest which a member may have as a rate-payer or
inhabitant of the area or an ordinary consumer of **gas,**
electricity or water, or to an interest in any **matter**
relating to the terms on which the right to participate
in any service including the supply of goods is **offered**

to the public,


-----

(2) For the purpose of this section a person shall

be treated as having indirectly a pecuniary interest in
a contract, employment or other matter, if he or any
nominee of his is a member of any company or other
body with which the contract is made or is proposed
to be made or which has a direct pecuniary interest

in the employment or other matter under consideration
or if he is a partner or is in employment of a person

with whom the contract is made or is proposed to be
made or who has a direct pecuniary interest in the
employment or other matter under consideration :

Provided that—

(i) this sub-seetion shall not apply to a

membership of or employment under any
public body; or

(ii) a member of a company or other body shall

not by reason only of his membership, ba
treated as being so interested if he has no

beneficial interest in any shares or stock
of that company or other body.

(3) In the case of married persons living together,

the interest of one spouse shall be deemed for the
purpose of this section to be also the interest of the other

spouse.

(4) A general notice given to the Mayor by a

Councillor to the effect that he or his spouse is a
member of a specified company or he or his spouse is
**a partner or in the employment of a specified person,**
shall unless and until the notice is withdrawn, be
deemed to be a sufficient disclosure of his interest in
any contract, proposed contract, employment or other
matter relating to the company or other body or to
that person which may be the subject of consideration
after the date of the notice.

(5) The Municipal Secretary shall record in

**a** book to be kept for the purpose particulars

of any disclosure made under sub-section (i[ 1) and of ]

any notice given under sub-section (4) and the

book shall remain open at all reasonable

hours for the inspection of any Councillor.

Meeting to I [8 3 ,] (1) Every meeting shall be open to the

ordi aarily public, unless a majority of the Councillors present at

epen to the meeting decide by a resolution that any

Public. enquiry or deliberation pending before the Corpo­

**ration shall be held in private.**


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(2) The Corporation may make rules for regulat­

ing the admission of the members of the public to its
meetings and for the removal by force, if necessary,

of any member of the public admitted to a meeting
under such rules, for interrupting or disturbing the
proceeding of the meeting.

84. (1) No business shall be transacted at any

Quorum meeting of the Corporation unless such meeting has
been called by Mayor or Deputy Mayor or by a

person authorised to sign a requisition, nor unless

a quorum shall be present.

(2) The quorum necessary for the transaction

of business at a meeting shall be one half of the

total number of Councillors of the Corporation when
any of the following subjects are to be disposed

of at such meeting:—■

(1) Scale of establishment and salaries.
(ii) The framing of regulation and bye-laws

under sections 415 and 416.

(iii) The annual budget estimate.

(iv) The appointment or the fixing of the

pay or allowances of a paid Secretary,

Engineer, Water Works Superintendent,

Health Officer, Assessor or other officers.

(v) Imposition of Taxes, fees and tolls under

section 144 of the Act.

(vi) The Election of Mayor or Deputy Mayor

or members of the Standing Committees.

(vii) Raising of a loan.
(viii) The subject of a meeting specially convened

for the purpose

(ix) Any other subject prescribed by regulatio
and bye-law framed in this behalf.

(3) For all other business the quorum shall be

one-third of the total number of Councillors:

Provided that in cases where the number of

Councillor is not evenly divisible by three, the one third
shall be ascertained by taking the number next above
the whole number which is evenly divisible by three,
as the number to be divided.

(4) If at any meeting the prescribed quorum is

not present, the meeting shall stand adjourned to

some future day to be appointed by the Mayor and
three days’ notice of such adjourned meeting shall

be given.

(«) The Councillors present at such adjourned

meeting for transaction of business other than those
mentioned in sub-section (2) shall form a quorum

Power ef whatever their number may be.

H[OrpOr]makne 8 5 • T h e Corporation may make rules for

rules. th® conduct of the business at its meeting.


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**Special Com.** 86. (1) The Corporation may from time to

_other'Com^ [d m e]_ _>_ by specific resolution, constitute a Special

**' mittecs.** Committee consisting of such Councillors as it thinks

fit to enquire into a report up or any matter to

be specified in such resolution which may arise in
connection which any of the powers, duties

and functions of the Corporation and which is not at
the time under consideration by a Standing

Committee.

(2) The Corporation may at any time, constitute

any (other Committee for any purpose it thinks fit.

**Previsions** 87. (1) Every Special Committeo shall conform

**relating** **to** to any instructions that may from time to

**Special Com* time be given to it by the Corporation,**
**mittees.**

(2) The Corporation may at any time dissolve or

alter the constitution of any Special Committee, and
may also at any time withdraw from any Special
Committee any of the powers, duties and functions
delegated to it.

(3) In the absence of the Chairman from any

meeting the members of the Special Committee shall
choose one of their number to preside over the

meeting.

(4) The report of every Special Committee shall,

as soon as may be practicable, be laid before the
Corporation which may thereupon take such action
as it thinks fit, or may refer back the matter to

the Special Committee for further investigation **and**
report.

**Transaction of Business by Standing and**

**other Committees**

**Presiding** 88. (1) The Chairman or in his absence the

**z-** **Officers at** £)e pUty chairman shall preside at every meeting of

Standing Committee.

**Committee*.**

(2) In the absence of the Chairman and the

’ Deputy Chairman from any meeting, the members

of the Standing Committee shall choose one of

their member to preside over the meeting.

**Cenduct of** 89. (1) The Corporation may make rules for

**business at** regulating the conduct of business at meetings of
Ste± 5 ’. [o f] s [u] ,nd l n s Committees, and Special Committees and

**Canunitte«»j** Sub-Committees, and for providing for the constitution

**etc.** and conduct of business of Joint Committee of **two**

            - more Standing Committees in respect of matters
in which two or more Standing Committees may be

**jointly interested.**


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(2) In making such rules, the Corporation may

provide that all or any of the provisions of section 79

and of sections 82 to 84 (inclusive) may with such
modification as it thinks fit apply to such Standing
Committees, Special Committees, Joint Committees
or Sub-Committees.

of 9 0 ; 0 ) [A lJ] y Standing Committee, Special

**Standing** Committee or Joint Committee may appoint one or

**Committees, more Sub-Committees** consisting of such Councillors

as it thinks fit for any purpose with which it is
entitled to deal and which in its opinion, can be

more usefully carried out by a Sub-Committee.

(2) A Sub-Committee may be appointed for such

time and shall be subject to such limitations and
conditions as the Committee appointing the Sub­
Committee may from time to time think fit.             -

(3) No Sub-Committee shall continue to exist

after the Committee appointing it has ceased to
exist.

**(4)** All proceedings of any Sub-Committee shall

be subject to confirmation by the Committee appoint­

**ing it.**

(5) It shall not be necessary for a member of a

Sub-Committee to be a member of the Committee

appointing such Sub-Committee.

###### Minutes and Reports of Proceedings

**Keepiag** 91. Minutes, in which’shall be recorded the names

**Pr’sccediMH.[o f t h e m e m b e r s]** present" at, and the proceedings of,

' each meeting of the Corporation and of every

Standing Committee, Special Committee or Joint

Committee, respectively, shall be drawn up" and

entered in a book to be kept for that purpose, duly
signed by the presiding officer, and shall, thereafter,
be laid before the next meeting of the Corporation
or of such Committee, as the case may be, for

confirmation.

Copy of the proceedings ot each meeting shall

###### be circulated amongst the members well ahead of
**the** next meeting.


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**79**

?s»wa»ding 92. (1) The Commissioner shall forward to

and ''reports State Government a copy of the minutes of the

**in proceed-** proceedings of each meeting of the Corporation, within
**ings to State ten days from the date on which the minutes of the**
**Government, proceedings of such meeting were signed as provided**

in section 91.

(2) The State Government may also in any case

call for a copy of any paper or all the papers which
were laid before the Corporation or the Standing Com­
mittee of Special Committee or Joint Committee as
the case may be and the Commissioner shall forward
to the State Government a copy of such paper or all
such papers.

###### Validation

arts'^[8ti<>]nd[f] 93. (0 No act done or proceedings taken

**Proceedings,** under this Act shall be questioned on the ground

merely of—

(a) the existence of any vacancy in, or any

defect in the constitution of, the Corpora­
tion, or any Standing Committee or Special

Committee or Joint Gommittee, or

(b) any Councillor having voted or taken part

in any proceedings in contravention of sec­
tion 82, or

(c) any defect or irregularity not affecting tha

merits of the case.

(2) Every meeting of the Corporation, or of any

Standing Committee or Special Committee or Joint
Committee the minutes of the proceedings of which
have been duly signed and confirmed as prescribed in
section 91 shall be deemed to have been duly

convened and to be free from all defects or irregularity.

###### Works and Contracts

Execution 94. The Corporation may determine either

of works, generally for any class of cases or specially for any

particular case whether the Commissioner shall execute
the work by a contract or otherwise.

**Power of** 95. (1) The Commissioner may sanction any

**Commis-** estimate for a particular work the amount of which

**lioaer** **to**

does not exceed five thousand rupees.

**sanction**
**estimates**

**not exceeding**
**Rupees** **five**

(2) If the amount oi estimate exceeds five thou-

**thousands**
**and fifty** and rupees but dues not exceed fifty thousand rupees •

**thousands.** the Commissioner may sanction the estimate with the

**approval ef** the Standing Finance Gommittee.


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80

**96.** (1) Where a project is framed for the

**Ultimate** execution of any work or series of works the entire

**exceeding**

**rupeei fifty** estimated cost of which exceeds fifty thousand rupees,

**thousand.**

**(a)** **the** Commissioner shall cause a detailed

**report to** be prepared including such estimates and
drawings as may be requisite and forward the same
to the Standing Committee who shall submit the
same before the Corporation with its suggestions,
**if any** **;**

(b) the Corporation shall consider the report

**and** the suggestions and jnay reject the project or
**may** approve it either in its entirety or subject to
**modification.**

(2) (a) Where the Corporation approves the

**project** and **the** entire estimated cost exceeds five
**lakhs** of rupees the report, subject to any modifica­
**tions** as aforesaid, shall be submitted to the State
**Government.**

(b) The State Government may reject the pro­

**ject or** may sanction it either in its entirety or sub­
**ject** to modification.

(c) The work shall not be commenced before

the project has been sanctioned by the State

Government with or without modification.

**(dl** **No** material change in the project sanc­

**tioned as** aforesaid shall be carried into effect

**without** **the** sanction of the State Government.

_Explanation:— In this section and in section 95,_

the expression “estimate” means the total estimate
for the whole of the project including the whole

of the series of transactions constituting the project.

Certain pro- _97-_ (1) With respect to the making of con-

visions **rela-** tracts under or for any purpose of this Act, the

**_eutwB*_** **[8X]«f** [f o l l o w i n] 5 provisions shall have effect, namely:—

**caatract*.** ([a] ^ Every contract shall be made on behalf

**of the** Corporation by the Commissioner.

(b) No contract for any purpose, which in

**accordance** **with** any provisions of this Act or any
**rules made** thereunder the Commissioner may not
**carry** out without the sanction of one or the other
municipal authority, shall be made by him unless
**such** sanction has been given.

**(c)** No contract involving an expenditure

**exceeding** ten thousand rupees shall be made by the

Commissioner unless it has been sanctioned by the
Standing Finance Committee.

(d) No contract involving an expenditure

**exceeding** **fifty** thousand rupees shall be made by
**the** Commissioner unless it has been sanctioned by

**the** Corporation.


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**81**

###### T -, (2) The foregoing provisions of this section shall

apply to every variation or discharge ol a contract
as well as to an original contract.

Manner of 98. (1) Every contract entered into by the

**Execution,** Commissioner on behalf of the Corporation

shall be entered into in such manner and form

as prescribed in this behalf:

Provided that (a) the common seal oi the Cor­

poration shall be affixed to every contract which,
if made between private persons should require to
be sealed and (b) every contract for execution of any
work or the supply of the materials or goods shall
be in writing, shall specify—

(i). the work to be done or the materials or

goods to be supplied $ as the case may be,

(ii) the amount to be paid for such work,

materials or goods, and

(iii) the time within which the contract or speci­

fied portion thereof shall be carried out,

(2) The common seal of the Corporation shall

remain in the custody of the Commissioner.

(3) No contract executed otherwise than as

provided in this section shall be binding on the

Corporation.

**lender** 99. (1) At least seven days before entering

into any contract for the execution of any work

or the supply of any materials or goods which will
involve an expenditure exceeding five thousand

rupees, the Commissioner shall give notice by an
advertisement inviting tenders for such contract

subject to the approval of the Standing Committee
concerned.

**-»** Explanation.—-In this sub-sectioa the expre

»ion “contract” includes cash purchases.

(2) On receipt of the tenders made in pursu­

ance of the notice given under sub-section (1)

the Commissioner may, subject to the

provisions of sections 95, 96 and 97, accept any
tender which appears to him to be most advantageous.

**Security** for 100. The Commissioner shall ordinarily take

**performance sufficient security for** due performance of **every**

ef contra?*, c o n t r a C [f ] [j]n [^]o [ which he enters under this ] [Act.]


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**82**

**CHAPTER VI**

**MUNICIPAL PROPERTY AND LIABILITY**

Acquisition 101. The Corporation shall, for the purpose of

oi p ro p e rty .A c t, have power to acquire and hold movable and

immovable property, or any interest therein whether
within or without the limits of the city.

Acquisition 102. Whenever the Corporation decides to

o i immova-acquire any immovable property for the purpose of         -

ble property this Act, the Commissioner shall acquire such property
sunt [n g rc e] " [o n] behalf of the Corporation by agreement on such

terms and at such price as may be approved by the
Standing Committee. ,

Procedure 103. (1) Whenever the Commissioner is unaoic

whenimme-to acquire any immovable property by agreement
va le P[re] ‘ under section 102, the Government may, in its discre-
V not be tion, upon the app’ication of the Commissioner, made

acquired by with the approval of the Standing Committee and
agreement, subject to the other provisions of this Act, order pro­

ceedings to be taken for acquiring the same on behalf
of the Corporation, as if such property were land
needed for a public purpose within the meaning of the
Land Acquision Act of 1894.

(2) The amount of compensation awaidcd and

all other charges incurred in the acquisition of any

s [uch property shall, subject to ail other provisions of ]

j his Act, be paid by the Corporation.

**Provisions** 104. With respect to the disposal of property
**governing**
**disposal of** belonging to the Corporation the following provision
Municipal shall have effect, namely:—
**property.**

(a) The Commissioner, may', in the interest

of Corporation dispose of by sale, letting
out on hire or otherwise, any movable

property belonging to the Corporation not

exceeding one thousand rupees in value
in each instance or grant a lease of any
immovable property belonging to the

Corporation including any right of

fishing o r gathering and taking fruit, and

the like, for any period not exceeding twelve
###### months at a t ime.


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The Commissioner shall bring all such transac­

tions to the notice of the Standing Committee within
15 days of their execution.

(b) With the sanction of the Standing Committee

the Commissioner may dispose of by sale,
letting out on hire or otherwise any

movable property belonging to ihe Cor­
poration of which the value does net

exceed five thousand rupees ; and may

with the like sanction grant a lease of any
immovable property belonging to the

Corporation, including any such right as
aforesaid, for any period exceeding one
year or sell or grant a lease in perpetuity
of any immovable property belonging to

the Corporation the value or premium

whereof does not exceed three thousand

rupees.

(c) With the sanction of the Corporation the Com­

missioner may lease, sell, let out on hire or

otherwise convey any property, movable
or immovable, belonging to the Corpora­
tion.

(d) The consideration for which any immovable

property or any right belonging to the
Corporation may be sold, leased or other­
wise transferred shall not be less than the
current market value thereof.

(e) The sanction of the Standing Committee or of

the Corporation under clause (b) or clause
(c) may be given either generally for any

class of cases or specially in any particular
case.

(f) The provisions of this section and the rules

made under this Act shall apply to such
disposal of prop erty belonging to the

Corporation :

Provided that—

(a) no property vesting in the Corporation for

the purpose of any specific trust shall be
leased, sold or otherwise conveyed in

such a mannei that the purpose for which
it is held will be prejudicially affected j **and**


-----

(b) no property transferred to the Corporation

by the Government shall be leased, sold

or otherwise conveyed in any manner

contrary to the terms of the transfer,
except with the prior sanction of the

Government.

on 105. (11 Where any immovable property or

Calms to pro- A n y r jght jn o r over any such property is claimed by or

Gainst Cor- [011] behalf of the Corporation, or by any person as

porationi. against the Corporation, the Collector may after

formal inquiry, of which due notice has been given

pass an order deciding the claim.

(2) The Corporation or any person aggrieved

by an order passed by the Collector under sub­

section (11 may, notwithstanding anything contained

n 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** and/or to grant a relief in lieu thereof.

Prhpe,rty **106.** Subject io any special reservation made

'corporation Oftoany special conditions imposed by the Government,

’ all property of the nature hereinafter specified

and situated within the city, shall vest, in and

he under the control of the Corporation and with
all other property which has already vested, or

may herewith vest in the Corporation, shall beheld

and applied by it for the purposes of this Act, that
**is to say:—**

(a) all public town-walls, gates, markets,

slaughter houses, manure and nightsoii

depots and public buildings of every

description, which have been constructed
oi' are maintained by the local authorities
prior to the establishment of the Corpora- ,

tion ;

lb) all public streams, springs, and works for

the supply, storage and distribution of

water for public purposes, and all bridges,

buildings, engines, materials and things

connected therewith, or appertaining

thereto and also any adjacent land (not
being private property) appertaining to

**any public tank or well j**


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(e) all public sewers and drain, and all sewers,

drains, culverts and water-courses in or
under any public street, or constructed by

or for the Corporation along-side any public
street, and all works, materials and things

appertaining thereto ;

(d) all dust, dirt, dung, ashes, refuse, animal

matter or filth or rubbish of any kind, or
dead bodies of animals collected by the
Corporation from the streets, houses,

privies, sewers, cesspools or elsewhere or
deposited in places fixed by the Corpora­
tion ;

(e) all public lamps, lamp-posts and appara­

tus connected therewith or appertaining

thereto ;

(f) all land or other property transferred

to the Corporation by the Government or
acquired by gift, purchase or otherwise

for local public purposes;

(g) all public streets, not being land owned

by the Government and the pavements,
stone and other materials thereof and

also trees growing on, and erections, mate­
rials, implements and things provided < or

such streets.

Map of im. 107. The Corporation! shall maintain a register

movable a n c [p ] a [ map ] [of all immovable property of which ] [it is ]

roper y. pr 0 pr je tor or which vests in it or which it holds

in trust.

Resumption ' log. The Government may resume any immo-

by Govern* vfk]qc property transferred to the Corporation by it or

’ by any local authority, where such property ig

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 buildings or
works subsequently erected or executed thereon by
the Corporation with the intention that such build­
ings or works should be permanent :

Provided that compensation need not be paid

for buildings or works constructed or erected in con­
travention of the terms of the transfer.

Manage* 109. (1 )The management,’control and admi-

ment of nistration of every public institution maintained out of
the Municipal Fund shall vest in the Corporation.


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(2) When any public institution has been placed

under the direction, management and control of the
Corporation, all property, endowments 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 VI of IS90

Charitable Endowments Act, 1890.

**PART HI**

###### CHAPTER VII

**FINANCE**

**The Municipal Fund**

Municipal HO' Save as otherwise provided in this Act, the

Fund balance at the credit of the Gauhati Municipal Board
or any other local authority in the city immediately
before the establishment of the Corporation and all
moneys realised or realisable under this Act and all
moneys otherwise received by the Corporation shall be
credited to a fund which shall be called "the Munici­
pal Fund” and which shall be held by the Corporation
in trust for the purpose of this Act.

Receipt of moneys payable to the credit of the

moneys and Municipal Fund shall be forthwith paid into the

deposit in State Bank of India to the credit of an account which

Bank. s [hall be styled “the account of the Municipal Fund of ]

the Corporation of Gauhati” .

Application H2. (1) The moneys from time to time credited

of Munici- to the Municipal Fund shall be applied in payment of

pal Fund a [jj ] s u [m]Sj[ charges and costs, necessary for canying out ]

**the** purpose of this Act, or the payment **of**

which is duly directed or sanctioned by or under any
of the provisions of this Act.

**(2)** Such moneys shall likewise be applied in pay ■

ment of all sums payable out of this Municipal Fund
under any other enactment for the time **being in**

**force.**


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      - US- (1 )No payment shall be made by the State

fid Fund ®a n k o f I n d i a o u t t h e Municipal Fund except upon

a cheque signed by the Commissioner.

(2) Except in the case of salaries upto three

hundred rupees, which may be paid in cash, payment
of any sum due by the Corporation exceeding one
hundred rupees in amount shall be by means of a
cheque signed as provided in sub-section (1) and not
in any other way.

(3) Payment of any sum due by the Corporation

not exceeding one hundred rupees in amount may be
made in cash.

RestrictUa 114. Except as hereinafter provided, no pay-

oa •xpandi- m ent of any sum out of the Municipal Fund shall be

''wuniripal[m a d c] ^y [d l e] Commissioner unless the expenditure of

Fund 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 the provisions of
this Act

Provided that this section shall not apply to pay­

ments made in the following classes of cases, namely:—

(a) refu ds of taxes and other moneys which

are authorised by this A ct;

(b) repayments of moneys belungii g to con­

tractors or other persons and held ip deposit
and of moneys collected or credited to the
Municipal Fund by mistake ;

^c) sums payable in any of the following circum­

stances :•—

0) under orders of the Governmentj

(ii) under the decree or order of a Civil or

Criminal Court passed against the

Corporation ;

(iii) under a compromise of any claim, suit,

or other legal proceedings ;

(ivl on account of cost incurred ill taking

immediate action by any of the Muni­
cipal authorities to avert a sudden
threat of danger to the property of the
Corporation or to human life ;

(d) temporary payments for work urgently

required by the Government in the public
interest under section 116 of this Act;


-----

**(e) sums payable as compensation under this**

Act or under any rules or bye-laws **made**
thereunder; and

(f) expenses incurred by the Corporation on

special measures taken at the outbreak of
dangerous diseases.

Whenever any sum is expended under

**when money clauses (c), (d), (e), (f) of proviso to** Section 114,
**not covered** the Commissioner shall forthwith communicate the

**by budget** circumstances to the standing Finance Committee
**gr&nt is ex­** which may take or recommend to the Corporation
**pended.**

to take such action under the proviso of this Act as shall,
in the circumstances, appear possible and expedient for
covering the amount of the additional expenditure.

**Payments** 116. On the written requisition of the

**from _ the** Government, the Commisioner may at any time »

**Fund^for** undertake the execution of work certified by the Go-

**works urgen- vernment to be urgently required in public interest,**
**tly required** and for this purpose may make payment from the
**tor the** pu- Municipal Fund so far as the same can be met with-
**bue service.** **Q U** **^** unduly interfering with rhe regular working

of the Municipal administration.

**Investment** 117. (1) Surplus moneys at the credit of **the**

**of Surplus** Municipal Fund which cannot immediately or at an

aa°“®y ’ early date be applied to the purposes of this Act or

of any loan raised thereunder, may be, from time to
time, deposited at the State Bank of India or any other
Scheduled Bank or any other Bank which may **be**
approved by the State. Government or be invested in

public securities.

(2) AU such deposits and investments shall be

made by the Commissioner on behalf of the Corpora­
tion with sanction of the Standing Committee and,
**with** the like sanction, the Commissioner may **at any**
time withdraw any deposit so made or dispose of

any securities and redeposit or reinvest the money so
withdrawn or the proceeds of the disposal of **such**

**securities.**

(3) The loss, if any, arising from any such deposit

or investment shall be debited to the Municipal Fund.

**Constitution** 118. The Corporation shall constitute such

**of special** special fund? as may be prescribed and such

**tunds.** funds as may be necessary for the purposes of tW
Act. The constitution and disposal of such funds

shall be effected in the manner prescribed*


-----

###### CHAPTER VIII

**BUDGET ESTIMATES**

Estimates of Commissioner in consultation with the

expenditure Mayor shall, on or before the 15th day of December

and income each year, prepare and submit to the Standing Finance

pared annua-ly by the to be pre- Qfrom time to time approve—r o m m ittee in such form as the Corporation mav r '

Commi­

ssioner. (a) an estimate of the expenditure which

should in his opinion be incurred by the
Corporation in the next year ;

(b) an estimate of all balances if any, which

will be available for re-appropriation or
expenditure at the commencement of the
said year ;

(c) a statement of the proposals as to taxation

which it will, in his opinion, be necessary
or expedient to impose under this Act in
the said year ;

(d) an estimate of receipt from all sources

during the said year ; and

(e) an estimate of loans to be raised for the

purposes of this Act.

Framing of ^ 0 . (1) The Standing Finance Committee shall

Budget Esti- on or. as soon as may be after the 15 th day of December
mates. each year consider the estimat s ard proposals, sub­

mitted under section 119 and after calling for such
further detailed information as it shall think fit from
the Commissioner and having regard to all the re­
quirements of this Act shall, on the basis of such
estimates and proposals, frame, subject to such

modifications or additions thereto as it may think fit.

Budget Estimates of the income and expenditure of
the Corporation for the next year.

_9_
(2) The Commissioner shall cause the Budget

Estimates as finally approved by the Standing Finance
Committee to be printed and shall not later than the

15 jh day of February forward a printed copy thereof

to each Councillor.

(3) The Budget Estimates prepared by the

Standing Finance Committee shall be laid before the
corporation on the 19th February or as soon as possible


-----

thereafter and the Corporation shall consider the same.

It may refer tbe estimates back to the Standing
Committee for further consideration and re-submission
within a specified time and shall on or before the 22nd
day of March in each year adopt Budget Estimates of
the income and expenditure for the next year.

(4) In the Budget Estimates the Corporation shall

among other things—

(a) make adequate and suitable provisions for

such of the several duties imposed by

this Act;

(b) provide for the payment of all instalments

of the principal and interest as they fall due
for which the Corporation may be liable in
respect of loans contracted by it ;

(c) allow for a closing balance at the end

of the year of not less than one lakh rupees

as prescribed by rules.

**Power of** 121. (1) The Corporation may, on the recom-

**t® alter** mendation of the-Standing Finance Committee, from

**budget-** time to time during the year:—

**grants.**

(a) increase the amount of the budget-grant

under any head ;

(b) make an additional budget-grant to meet

any special or unforeseen requirement

arising during the same year ;

(c) transfer the amount or portion of the amount

ofthe budget-grant under any head to the
budget-grant under any other head ; and

(d) reduce the amount of the budget-grant under

any head:

Provided that—

(i) due regard shall be had to all the require­

ments of this Act ; and

(ii) in making any increase or additional

budget-grant, the estimated closing

balance at the end of the year shall
not be reduced below one lakh rupees.

(2) Every increase to a budget-grant made in any

**year under sub-section (1) shall be deemed to be included**
**in the Budget Estimates finally adopted for that year.**


-----

'''Power of 122. (1) If at anytime during tfie year it ap-

t o S u « [n] P[e a r s t o t n c] Corporation that, notwithstanding any re­
income^ and duction of budget-grant that has been made under sec­

expenditure tion 121, the income of the Municipal Fund during the
during the game year will not be sufficient to meet the

y e a r‘ expenditure sanctioned in the Budget Estimate of

the year and to leave at the end of the year a
closing balance of one lakh rupees, then it

shall be incumbent on the Corporation to take any
measures which it may consider necessary for pro­
portioning the year’s income to the expenditure.

(2) For the purposes of sub-section (1), the Corpora-

   - tion may either diminish the sanctioned expenditure
of the year, so far as it may be possible with

due regard to ali the requirements of this Act, or
have recourse to supplementary taxation or to an

,, increase of the rates, or adopt all or any of those
methods.

Provision as 123. If the whole or any part of any budget-grant

to unexpen- included in the Budget estimates for a year remains un-

ded budget. eX p e n d e d at the end of that year, and the amount
g ra n t- thereof has not been taken into account in the opening

balance entered in the budget estimate of any of the
next two following years, the Standing Finance Commit­
tee may sanction the expenditure of such budget-grant
or the unexpended portion thereof during the next two
following years for the completion of the purpose or
object for which the budget-grant was originally made
and not for any other purpose or object.

###### CHAPTER IX

**BORROWING**

**et-**

Power of 124. (1) The Corporation may, in pursuance of

Corporation any resolution passed by it and with the prior approval
**to** borrow.

of the State Government borrow by way of debentures

or otherwise sums of money which may be required—

(a) for acquiring any land which it has power

to acquire ;

(b) for erecting any building which it has

power to erect;

(e) for the execution of any permanent work,

the provision of any plant, or the doing

of any other thing, which it has power to
execute, provide or de;


-----

92

(d) to pay off any debt due to the Government;

(it) to repay a loan previously raised under

this .Act or any other Act previously m

force ; or

(1) for any other purpose for which the Cor­

poration is, by virtue of this Act or
any other law for the time being in
force, authorised to borrow.

(2) When any sum of money has been borrowed

under sub section (1) no portion of any sum of money
borrowed for any of the purposes referred to in
sub section (1) shall be applied to the pay

merit of salaries and allowances to any municipal
employee other than those exclusively employed in
connection with the carrying out of that purpose.

Form and 125. (1) Debentures issued under this Act shall

effect of de­ be in such form as the Corporation may with the
bentures.

previous sanction of the State Government from time
to time determine.

(2) The holder of any debenture in any form

duly authorised under sub-section (1) may obtain in
exchange therefor, upon such terms as the Corporation
shall from time to time determine, a debenture in

any other form so authorised.

(3) Every debenture issued by the Corporation

under this Act shall be transeferable by endorsment

(4) The right to payment of the moneys secured

by any of such debentures and to sue in respect
thereof shall vest in the holder for the time being
without any preference by reason of seme of such
debentures being prior in date to others.


-----

93

        - Payment to 126. When any debenture or security issued
survivors of under this act is payable to two or more persons

joint payees.

jointly, and any of them dies, then, the debenture

or security shall be payable to the survivor and legal
heir of the deceased.

keceiptby 127. When two or more persons are joint

joint holder Elders of any debenture or security issued under

or dividend. Act, any one of such persons may give an

effectual receipt for any interest or di vident payable

in respect of such debenture or security, unless-

notice to the contrary has been given to the Cor­

poration by the other or others.

and^nvcht'[06] ^8- The ^'[o r] P[o r a t] i° [n] shall maintain sink-

Xnt[!n]of[S] " i[n] 8 funds for repayment of money borrowed

sinking fund, under section 124 and shall pay every year

into such sinking fund such sum as will be

sufficient for the repayment within the period fixed for
the loan of all moneys borrowed.

(2) AH money of the sinking fund shall, as soon

as possible, be invested by the Commissioner in
public securities and every such investment shall be
reported by the Commissioner to the Corporation
within fifteen days.

(3) All dividends and other sums received in

respect of any such investment shall, as soon as possible
after receipt, be paid into the sinking fund and

invested in the manner laid down in sub-section (2).

(4) When any part of a sinking fund is invested

in Municipal debentures, or is applied in paying off
any part of a loan before the period fixed for repay­
ment, the interest which would othetwise have been
payable on such debentures or on such part of the loan
shall be paid into the sinking fund and invested in the
manner laid down in sub-section (2).

(_5) Any investment made under this section may,

subject to the provisions of sub-section (2), be varied
or transposed.


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94

Application 129. A sinking fund or any part thereof shall

o f be applied in or towards the discharge of the loan or a

Fund. part of the loan for which such fund was created, and

until such loan or part is wholly discharged shall not
be applied for any other purpose:

Provided that when any loan or part thereof had

been consolidated under section 131, the Commissioner
shall transfer to the sinking fund of the consolidated
loan, such part of the sinking fund of the original loans
as may be proportionate to the amount of the

original loans incorporated in the consolidated loan.

Annual,taw. 130. (1) The Commissioner shall, at the end

Commit c v e r Y Ye a r > submit to the Corporation a statement

tioner. showing

(a) the amount which has been invested during

the year under section 128 ;

(b) the date of the last investment made

previous to the submission of the state­
ment ;

(c) the aggregate amount of the securities then

in his hands, and

(d) the aggregate amount which has up to the

date of the statement been applied under
section 129, in or towards discharging
loans.
✓

(2) Every sueh statement shall be published in

**the** official Gazette.

**Power** **of** 131. (1) Notwithstanding anything to the con­

**Corporation** trary contained in this part, the Corporation may con­

**to consoli­** solidate all or any of its loans and for that purpose may

**date loans.**

invite tenders for a new loan, to be called “the Cor­
poration Consolidated Loan, 19—” and invite holders
of the municipal debentures to exchange their

debentures for scrips of such loan.

(2^ The terms of any such consolidated Ioan and

the form of its scrip and the rates at which exchange
into such consolidated loan shall be permitted

shall be subject to the prior approval of the

**Government.**


-----

(3) The period for the exchanging of any such

consolidated loan shall not, extend beyond the farthest
date within which any of the loans to be consolidated
would otherwise be repayable.

(4) The Corporation shall provide for the repay­

ment of any such consolidated ioari by a sinking fund
in the manner laid down in section 128, having regard
to the amount transferred to such sinking fund under
section 129.

payment for 132. All payment due from the Corporation for

interest and interest on and repayment of loans shall be made in
repayment, priority to all other payments due from the Corporation,

over other
payment*.

133. (1) If any money borrowed or deemed to

Attachment have been borrowed by the Corporation or any interest
of Munici- or costs due in respect thereof be not repaid according
pal Fund for l 0 conditions of the loan, the Government may

mone^bo'r- [a t t a c] ^ the Municipal Fund or any part thereof after
rowed. serving notice in the manner prescribed.

(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 or other employees might have
done if such attachment had not taken place, and may
apply the proceeds in satisfaction of the arrears and of
all interest and costs due in respect thereof and of all

expenses caused by the attachment and subsequent
proceedings :

Provided that no > such attachment shall

defeat or prejudice any debt for which the fund was
previously charged in accordance with law ; and all
such prior charges shall be paid out of the proceeds of

the fund before any part of the proceeds is applied
to the satisfaction of the debt.


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###### CHAPTER X

**AUDIT AND ACCOUNTS**

Accounts to 134. Subject to any rules made by the Corpora­

te kept in a tion in this behalf, accounts of receipts and expenditure
vT™ [ap]jPro ' of the Corporation shall be kept in such manner and

Standing in such form as the Standing .Finance Committee may

Committee, from time to time determine.

Transmission 135. The Corporation shall, as soon as the

to Govern[3 a c c o u r i t s] °f the past year have been finally passed by it,
ment. transmit to the Government an account in such

**form as the Government may from time to time direct.**

Annual Ad- 136. H) The Commissioner shall as soon as may

ministration be after the 1st day of April, in each year cause to be
Report and prepared a detailed report of the Municipal adminis-
accountsby [t r a t] t° [n] °f [t h e c] by during the previous year, together
Corporation.with a statement showing the amounts of the receipts

and disbursements, respectively credited and debited
to the Municipal Fund during the previous year, and
the balance at the credit of the said fund at the close ot
the said year.

(2) The Commissioner shall place the said report

and statement before the Corporation for consideration
and forward a copy thereof to each councillor and to
the Government.

Monthly 137. (1) The Commissioner shall prepare monthly

abstract an abstract of the receipts and expenditure of the

Accounts. m o n [th last preceding and place such abstract before the ]

Standing Finance Committee.

(2) For this purpose, the Standing Finance

Committee shall have access to all the Municipal
accounts and to all records and correspondence relating
thereto, and the Commissioner shall forthwith furnish
to the Standing Finance Committee any explanation -*■

concerning receipts and disbursement which it may
cali for.

**Audit of** 138. (1) The Municipal! accounts ’ shall be

Accounts. audited by or under the order of the Examiner of Local
Accounts, Assam hereinafter referred to as the

Examiner in accordance with the prescribed

**procedure.**


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97

(2) The Corporation shall pay from the Munici­

pal Fund such charges for audit as may be prescribed.

(3) The Examiner without prejudice to the

generality of sub-section (1) shall include in his

report,—

(a) any payment which appears to him to be

contrary to law ;

(b) the amount of any deficiency or loss which

appears to have been caused by the gross
negligence or misconduct of any person
including the Administrator of a superseded
Corporation ;

(c) the amount of any sum received which ought

to have been but is not brought into
account by any person ; and

(d) any material impropriety or irregularity in

the expenditure or in the recovery of money
due to the Corporation or in the Munici­

pal accounts.

(4)As soon as practicable after the completion of

the audit, the Examiner shall prepare a report on
the accounts audited and examined and shall send

such report to the Corporation and a copy thereof to
the Government.

Commis- 139. It shall be the duty of the Commissioner

sioner to t o [submit all accounts which are subject to audit ]

submit ac- Examiner of Local Accounts as required by
counts to ”

auditoi*. him .

Powers of 140. The Examiner may,—

a uditors to

require pro­ (a) by written summons, require the produc
duction of

tion, before any officer subordinate to him

documents.

assigned for the purpose of audit, of any

documents which he may consider neces­

sary for the proper conduct of au d it;

(b) by written summons require any person

accountable for, or having the custody or

control of any such document to appear
in person before him ; and

(c) require any person so appearing before him

to make and sign a declaration with res­

pect to such document or to answer any

question or prepare and submit any state­
ment.


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Municipal 141. (1) The Corporation* the Standing Commit-

authorities t c e o r t [j^]e [ Commissioner, as the case may be shall ]

defectsand forthwith remedy any defects or irregularities that
report to may be pointed out by the Examiner and shall report

Go v e r n- t 0 the Government the action taken by the municipal

ment. authority concerned:

Provided that if there i’ a difference of opinion

between the municipal authority and the Examiner, or
if the municipal authority does not remedy any defect
or irregularity within a period considered by the
Examiner to be resonable, the matter shall be referred
to the Government within such time and in such
manner as the Government prescribe and the Govern­
ment shall be competent to 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 by an order made

by the Government under sub-section (1), the muni­
cipal authority concerned fails to comply with such
order, the provisions of section 422 shall with all
necessary modifications, be deemed to apply.

Examiner to 142. (1) The Examiner may, after giving the

surcharge pe rsO n concerned, an opportunity for tendering an ex-

illegal pgay- planation in writing, and making such other enquiry

ment or loss as he may consider necessary, disallow any item in the
caused by accounts which appears to him to be contrary to law

gross negli- a n ( j s u r c fia rge the same on the person making or au-

wm duct'etc thorising the illegal payment and may charge,

’ 'against person responsible therefor the amount

of any deficiency or loss caused by negligence or
misconduct of that person, or any sum received

which ought to have been but is not brought into
account by that person and shall, in every such
case certify the amount due from such person:

Provided that no expenses paid by any person

shall be disallowed by the Examiner if they have been
sanctioned by the Government.

(2) The Examiner shall state in writing the reason

for his decision in respect of every disallowances,

surcharge or charge and shall send by registered post
a copy thereof to the person against whom it is
made.

(3) If the amount is not paid within fourteen

days from the expiry of the period of appeal prescribed

by the sub-section (4), the Collector, at the request of
the Examiner, shall proceed forthwith to recover the

amount as if it were an arrear of land revenue, and
have it credited to the Municipal Fund.

(4) Any person aggrieved by a disallowance,

charge or surcharge made by the Examiner may
appeal to the Commissioner of Plains Division.


-----

(5) The appellate authority on such appeal shall

have the power to confirm, vary or quash the deci­
sion of the Examiner with such directions as it thinks
fit, for giving effect to the decision of appeal:

Provided further that nothing in this Section

shall be deemed to debar the aggrieved party from
seeking a remedy in a civil court against an order
made under sub-section (1).

143 The Government may at any time direct the

tion of Go- Examiner or any other Government or non-Govern-

vsrnment. ment agency to make a special audit of Municipal

accounts and report thereon to the Government, and
the cost of conducting such special audit shall be met
from the Municipal fund.

**PART IV**

CHAPTER XI

**Taxation**

**Taxes to be** 144. (1) For the purposes of this Act, the GorPo-

i mpos ed ration shall impose following taxes, namely:—
**under** **this**

**Act.** (a ) property taxes ;

(b) a tax on draught animals, vessels and

vehicles other than those mechanically pro­
pelled ;

(c) a tax on theatres, theatrical performance

and other shows for public amusements;

(d) a tax on advertisement other than advertise­

ments published in the newspapers;

(e) a duty on the transfer of property ;

J ) a tax on profession, trades and calling.

(2) In addition to the taxes mentioned in sub­

section (1), the Corporation may, for the purposes of

this Act, levy any or all of the following taxes,

namel **:—

(a) a betterment tax on properties whose value

may have increased as a result of town

p lanning scheme undertaken in the city t


-----

(b) a tax on dogs kept within the city;

**(c)** a toll on vehicles and animals entering the

city but not liable to taxation under clause
(b) of sub-section (1) 5

(d) market dues on persons exposing goods for

sale in any market or in any space belong­
ing to or under the control of Government

or of the Corporation;

(e) a drainage tax where a system of drainage

has been introduced ;

(f) a tax on pilgrims resorting periodically to a

shrine within the limits of the Corpora­
tion ;

(g) a tax on passengers and goods carried by

road or inland waterways ;

(h) a toll on new bridges constructed by the

Corporation ;

(i) Octroi ; and

(j) any other tax with the prior approval of

the State Government.

Levy of 145. The Corporation may levy, with the sanc-

Surchaige t [j] o n o [f ] Government, a surcharge on any tax other

e n ta x - than taxes on profession, trades and callings, levied by

the Corporation for the purpose of providing any
specific civic service or amenity :

Provided that no such surcharge shall be levied

if a tax or cess is already being levied for the same
purpose by the Corporation.

Procedure 146. Before the Corporation passes any resolu-

in levying tion imposing a tax or duty or fee for the first time, it

etc. shall direct the Commissioner to publish a notice in

the Gazette or in the local newspapers clearly indica­
ting the nature and amount of the tax or duty

or fees and the date from which it is proposed to
impose such tax, duty or fees:

Provided that any resolution abolishing an existing

tax or duty or fees or reducing or increasing the rates
at which any tax or duty or fee is levied shall not

be carried into effect without the sanction of the
Government.


-----

(b) a tax on dogs kept within the city;

**(c)** a toll on vehicles and animals entering the

city but not liable to taxation under clause
(b) of sub-section (1) 5

(d) market dues on persons exposing goods for

sale in any market or in any space belong­
ing to or under the control of Government

or of the Corporation;

(e) a drainage tax where a system of drainage

has been introduced ;

(f) a tax on pilgrims resorting periodically to a

shrine within the limits of the Corpora­
tion ;

(g) a tax on passengers and goods carried by

road or inland waterways ;

(h) a toll on new bridges constructed by the

Corporation ;

(i) Octroi ; and

(j) any other tax with the prior approval of

the State Government.

Levy of 145. The Corporation may levy, with the sanc-

Surchaige t [j] o n o [f ] Government, a surcharge on any tax other

e n ta x - than taxes on profession, trades and callings, levied by

the Corporation for the purpose of providing any
specific civic service or amenity :

Provided that no such surcharge shall be levied

if a tax or cess is already being levied for the same
purpose by the Corporation.

Procedure 146. Before the Corporation passes any resolu-

in levying tion imposing a tax or duty or fee for the first time, it

etc. shall direct the Commissioner to publish a notice in

the Gazette or in the local newspapers clearly indica­
ting the nature and amount of the tax or duty

or fees and the date from which it is proposed to
impose such tax, duty or fees:

Provided that any resolution abolishing an existing

tax or duty or fees or reducing or increasing the rates
at which any tax or duty or fee is levied shall not

be carried into effect without the sanction of the
Government.


-----

CHAPTER X II

The Property Taxes

Components 147. Save as otherwise provided in this Act, the

S ropertyS P’°P [e r t] y [t a x] be levied on lands and buildings

taxes/ 1® [e a c] h holding and shall consist of the following,

namely:—

(a) a water-tax of such percentage of the rateable

value of lands and buildings as the Corpora­

» tion may deem reasonable for providing

water supply in the city ;

(b) a scavenging tax of such percentage of the

rateable value of lands and buildings as the

Corporation may deem reasonable for pro­
viding for the collection, removal and dis­

posal by municipal agency of all filth and
polluted and obnoxious matter from latrines,
urinals and cesspools and lor efficiently

maintaining and repairing the municipal
drains constructed or used for the reception or
conveyance of such filth or polluted and

obnoxious matter ;

(c) a lighting tax of such percentage of the

rateable value of lands and buildings as the

Corporation may deem reasonable for pro­
viding for defraying the expenses necessary
for the lighting cf the city ;

(d) a general tax of not less than ten and not

more than twenty-five per cent of the

rateable value of lands and buildings ; pro­

vided that the Corporation may, when fixing
the rate at which the general tax shall be
levied during any year, determine that the
rate leviable in lespect of lands ar.d buildings
or portions of lands and buildings in which
any particular class of trade or business is

carried on shall be higher than the rate
determined in respect of other lands and
buildings by an amount not exceeding one

half of the rate so fixed.

_Explanation.— Where any portion of a land or buil­_

ding is liable to a higher rate, such

portion shall be deemed to be a
separate property for the purpose

of municipal taxation.


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**Exemption** **148. The Corporation may exempt the following**

#### • 3

**JX"pefty*tax, P[r 0]** **P[e r t ie s fr o m]** **Payment of property taxes**

**(a) buildings and lands vesting in the Central**

**Government without the prior approval of the**
**Central Government except where the pro***
**visions of clause (2) of Article 285 of the**

**Constitution of India apply ;**

**(b) buildings and lands occupied and used for**

**public worship or for charitable purposes, so**
**declared by the Corporation;**

**(c) buildings and lands the rental value of which**

**does not exceed twenty rupees per month :**

**Provided that—**

**(i) the building is occupied by the owner,**

**and**

(ii) **the owner does not possess any other build­**

**ing or land the rent whereof exceeds twen­**
**ty rupees per month in the aggregate.**

**anYscaveM-** **1 4 9 ,** **S a v e** **33 o th e r w ,9 e** **^provided in this Act,**

**ing tax.** **the water tax shall be levied only in respect of lands**

**and buildings—**

**(a) to which water-supply is made or which are**

**connected by means of pipes from munici­**
**pal waterworks j or**

**(b) which are situated in any portion of the city**

**In which the Commissioner has given public**
**notice that sufficient water is available from**

**municipal water works for a reasonable sup­**
**ply to all the lands and buildings in the**

**said portion.**

**(2) Save as otherwise provided in this Act, the**

**scavenging tax shall be levied only in respect of lands**
**and buildings—**

**a**

**(a) in which there is a latrine, urinal, cesspool,**

**bathing place or cooking place connected**
**with a municipal drain; or**

**(b) which are situated in any portion of the city**

**in which the** **Commissioner** **has** **given**

**public notice that the collection, removal and**
**disposal of all filth and polluted and obno­**
**xious matter from latrines, urinal and cess­**
**pools will be undertaken by** **municipal**

**ageiay.**


-----

(3) The Corporation may allew a rebate upto 33|

per cent of the scavenging tax on holdings having
sanitary latrines.

tionofrate- 150. (1) The rateable value of any land or

able value building assessable to property taxes shall be the

of lands and annual rent at which such land or building might
sessaHe to85" r c a s o n a bly be expected to let from year to year, less—

property
taxes. (a) a sum equal to ten per cent of the said

annual rent which shall be in lieu of all allo­
wances for cost of repairs and insurance,
and other expenses, if any, necessary to main­

tain the land or building in a state to com­
mand that rent; and

(b) the water tax or the scavenging tax or both

if the rent is inclusive of either or both of the
said taxes:

Provided that if the rent is inclusive of charges

for water supplied by measurement, then for the
purpose of this section, the rent shall be treated as
inclusive of water tax on rateable value and the
deduction of the water tax shall be made as provided
therein:

Provided further that in respect of any land or

building the standard rent of which has been fixed
under the Assam Urban Areas Rent Control Act,
1951, the rateable value thereof shall not exceed the
annual amount of the standard rent so fixed.

(2) The rateable value of any land which is not

built upon, but is capable of being built upon and
of any land on which a building is in process of
erection shall be fixed at five per cent of the estimated

capital value of such land.

(3) All plant and machinery contained or situated

in or upon any land or building and belonging to any
of the classes specified from time to time by public
notice by the Commissioner under bye-laws made in
this behalf shall be deemed to form part of such land
or building for the purpose of determining the rateable
value thereof under sub-section (1) but save as afore­
said no account shall he taken of the value of any plant
or machinery contained or situated in or upon any such
land or building:


-----

104

Provided that where the Corporation so

resolves, the annual value in case of owner occupied
building and land shall for the purpose of assessment
of property taxes be deemed to be 25 per cent less
than the annual value otherwise determined under this
section.

Charge by 151. (1) The Commissioner may in such cases as

measure- the Standing Finance Committee may either

oFwater tax g[e n c r a] ^y [o r] specifically direct, instead of levying water­

in certain tax in respect of any land or building liable thereto

cases. under section 149 charge for the water supplied to such
land or building by measurement at such rate as shall

from time to time be specified in this behalf.

(2) The Standing Committee may, for the cases in

which the Commissioner charges for water supplied by
measurement under sub-section (1), specify such

conditions as it may think fit regarding the use of the
water and regarding the charge to be paid for water

consumed whilst a meter is out of order or under
repair:

Provided that no condition specified under this sub­

section shall be inconsistent with this Act or

with any bye-law made thereunder.

(3) A person who is charged for water supplied by

measurement shall not be liable for payment of water

tax, but any sum payable by him on account of water
and not paid when it becomes due shall be recoverable
by the Commissioner as an arrear of water-tax under
this Act.

(4) In specifying charges for water supplied by

measurement under sub-section (1), it shall be lawful
for the Standing Committee to specify dififerent rates
in respect of different classes of lands and buildings.


-----

**105**

“ af scaveng- (0 The Commissioner may whenever he

iag Charge thinks fit fix the scavenging charge to be paid in
in certain respect of any hotel or club or any other large premises

cases. at such special rate in this behalf either generally or in

any particular cases, whether the service in respect of
which such charge is leviable is performed by

scavengers or by substituted means or appliances.

(2) In ths cases referred to in sub-section (1), the

amount of the scavenging charge shall be fixed

with reference to the cost or the probable cost of the
collection, removal and disposal, by municipal agency
of filth and polluted and obnoxious matter from the

_f_ hotels, clubs and other large premises referred to in
that sub-section.

, Incidence 153. (1) Thepropertytaxesshallbeprim arilylevia-

ef property taxes. b le as follows:—

(aj if the land or building is let, upon the

lessor;

(b) if the land or building is sub-let upon the

superior lessor ;

(c) if the land or building is unlet, upon the

person in whom the right to let the same

Vests.

(2) If any land has been let for a term exceeding

one year to a tenant and such tenant has built upon
the land, the property taxes assessed in respect of
that land and the building erected thereon shall

be primarily leviable upon the said tenant, whether
the land and building are in the occupation of such
tenant or »ub-tenant of such tenant.

**Explanation:—The term ‘‘tenant” includes any**

person deriving title to the land or the building erected
upon such land from the tenant whether by operation
of law or by transfer _inter-vivos._

**(3)** The liability of the several owners of any

building which is, or purports to be, severally owned
in parls or fiats or rooms, for payment of property
taxes or any instalment thereof payable during the
period of such ownership shall be joint and several,

(4) The property tax in respect of Government

buildings shall be payable by the Government them­
selves to the Corporation and not by occupiers.


-----

**106**

Recovery 154. On the failure to recover any sum due on

t°xes[P r]fr[>erty a c c o u n t] property taxes in respect of any land or

occupier°.[m] building from the person primarily liable therefor under

section 153, the Commissioner shall recover from every
occupier of such land or building by attachment in
accordance with section 189, of the rent payable by
such occupier, a portion of the total sum due which
bears, as nearly as may be, the same proportion to that
sum as the rent annually payable by such occupier
bears to the total amount of rent annually payable in
espect of the whole of the land or building.

155. Property taxes due under this Act in

chaige on respect of any land or budding snail subject to the prior

premises on payment of land revenue, if any, due to the Govern-

which they m e n t thereon, be a first charge—
**are assessed.**

(a) in the case of any land or building held

immediately from the Government, upon
the interest in such land or building of the
person liable for such taxes and upon the
goods and other movable properties, if any,

found within or upon such land or building

and belonging to such land or building and
belonging to such person ; and

(b) in the case of a ,iy other land or building

upon such land or building nd upon the

goods and other movable proper ties, if any
found within or upon such kind or building
and belonging to the person liable for such
taxes.

_Explanation.—The term_ ‘Property taxes’ in this

section shall be deemed to include—

(i) charges payable u dcr Sections 151 and

152 ; and

fii) the costs on recovery of property taxes and

the penalty, if any, payable under this Act

or the rules framed thereunder.

Assessment
156. (1) Save as otherwise provided in this Act,
list.

the Commissioner with the approval of the Standing
Committee shall cause an assessment list of all lands
and buildings in the city' to be prepared in such form
and manner and containing such particulars with

respect to each land and building as may be prescri­

bed in the bye-laws.

(2) When the assessment list has been prepared the

Commissioner shall give public notice thereof and of
the place where the list or a copy thereof may

be inspected, and every person claiming to be

the owner, lessee or occupier of any land or building


-----

included in the list and any authorised agent of such

person, shall be at liberty to inspect the list and to

take extracts therefrom free of charge.

(3) The Commissioner shall, at the same time, give

public notice of a date, not less than one month there­
after, when he will proceed to consider the rateable
values of lands and buildings entered in the assessment
list, and in all cases in which any land or building is

for the first time assessed, or the assessment is in-

creesed, he shall also give written notice thereof to the
owner or to any lessee or occupier of the land or

building.

(4) Any objection to a rateable value or assessment

or any other matter as entered in the assessment list
shall be made in writing to the Commissioner before
the date fixed in the notice and shall state in what
respect the rateable value, asses ment or other matter
is disputed and all objections so made shall be record­

ed in a registet to be kept for the purpose.

(5) The objections shall be inquited into and inves»

ligated, and the persous making them shall be allowed

an opportunity of being heard either in . person Or by
his authorised agent, by the Commissioner or any
officer. of the Corporation authorised in this behalf

by the Commissioner.

(6) When all objections have been disposed of and

the revision of the rateable value and assessment

has been completed, such assessment list shall be
authenticated by the signature of the Commissioner
or the municipal officer as authorised by him in this
behalf who shall certify that except in the cases, if
any, in which such amendments have been made
as shown therein no valid objection has been

made to the rateable values or assessments or any
other matters entered in the said list,

(7) The assessment list so authenticated shall

be deposited in the office of the Corporation and
shall be open for inspection, free of charge during
office hours to all owners, lessees or occupiers of lands
and building comprised therein or the authorised
agents of such persons and public notice that it
is so open shall forthwith be published.

Evidential 157. Subject to such alterations as may be

assessment m a< ^e ln assessment list under Section 150

list. and to the result of an appeal made under the pro­

visions of this Act, the entries in the assessment list.


-----

authenticated and deposited as provided in Section

156 (7) shall be accepted as conclusive evidence-

fa) for the purpose of assessing any tax levied

under this Act, of the rateable value of
all lands and buildings to which such

entries, respectively relate 5 and

(b) for the purposes of any tax levied on lands

or building, of the amount of each

such tax leviable therein during the year
to which such list relates.

Amendment 158. (1) The Commissioner with the approval
of assessment
list. of the Standing Committee may, at any time,

amend the assessment list—

(a) by inserting therein the name of any

person whose name ought to be

inserted; or

(b) by inserting therein any land or building

previously omitted; or

(c) by striking out the name of any person

not liable for the payment of property
taxes; or

(d) by increasing or reducing for adequate

reasons the amount of any rateable value
and of the assessement thereupon ; or

(e) by making or cancelling any entry exempt­

ing any land or building from liability
to any property tax ; or

(f) by altering the assessment on the land or

building which has been erroneously

valued or assessed through fraud, mistake
or accident ; or

(g) by insetting or altering an entry in respect

of any building erected, re-erected, altered

or added to, after the preparation of the
assessment list

Provided that no person shall by reason of

any such amendment become liable to pay any

tax or increase of tax in respect of any period

prior to the commencement of the year in which
the amendment is made.

(2) Before making any amendment under

sub-section (1) the Commissioner shall give to any
person affected by the amendment, notice of not
less than one month that he proposes to make

the amendment and consider any objections which
may b® made by such person.


-----

shall be in the discretion of the Com-

        - assessment [m] issioner to prepare for the whole or any part of the

list. c hy a new assessment list every year or to adopt the

rateable value and assessment contained in the list
for any year, with such alterations as may in

particular cases be deemed necessary, as the rateable
values and assessments for the year following, giving
the same public notice as well as individual notices,

to persons affected by such alterations, of the

rateable values and assessments as if a new

assessment list had been prepared.

Notice of *60. Whenever the title of any person

transfer. primarily liable for the payment of property taxes
on anyj land or building is transferred, the person
whose title is transferred and the person to whom
the same is transferred shall within three months

after the execution of the instrument of transfer or
after its registration, if it is registered, or after the

transfer is effected, if no instrument is executed,
give notice of such transfer in writing to the

Commissioner.

(2) In the event of death of any person

primarily liable as aforesaid, the person on whom
the title of the deceased devolves, shall give notice
of such devolution to the Commissioner within
six months from the date of death of the deceased.

(3) The notice to be given under this section

shall be in such form as may be determined by

bye-laws made under this Act, and the transferee or
the other person on whom the title devolves shall,

if so required, be bound to produce before the

Commissioner any douements evidencing the trans­

fer or devolution.

(4") Fvery person who makes a transfer as

aforesaid without giving such notice to the

Commissioner shall, in addition to any penalty to
which he .may be subjected under the provisions of
this Act, continue to be liable for the payment of

all property taxes from time to ’ time payable in

respect of the land or building transferred until he
gives such notice or until the transfer has been

recorded in the Commissioner’s book, but nothing

in this sub-section shall be deemed to affect the

liability of the transferee for the payment of he

said tax.

(51 The Comnxkgioner shall record every transfer

or devolution of title xotihed to him under this

section in his books and in the assessment list.


-----

(6) On a written request by the Commissioner,

'.he Registrar or sub-Registrar of the city appointed

under the Indian Registration Act, 1908, shall furnish
such particulars regarding the registration of instru­
ments of transfer of immovable properties in

the city, as the Commissioner may from time to time
require.

(7) Such information shall be furnished as

soon as may be after the registration of an

instrument of transfer is effected, or, if the

Commissioner so requests, by periodical returns at
such intervals as the Commissioner may fix.

Notice of 161. When any new building is erected or

erection when any building is re-built or enlarged or

of building, when any building which has been vacant is re­

occupied, the person primarily liable for the property
taxes assessed on the building shall give notice

thereof in writing to the Commissioner within fifteen

days from the date of its completion or occupation
whichever first occurs, or as the case may, from the
date of its enlargement or re-occupation ; and pro­
perty taxes shall be assessable on the building from
the said date.

162. (1) When any building or any portion

Notice of of a building which is liable to the payment of pro­
demolition perty taxes is demolished or removed, otherwise than

by order of the Commissioner, the person primarily

° u 1 mg. jia b;e fo r payment of the said taxes shall give

notice thereof in writing to the Commissioner.

(2) Until such notice is given the per-

on aforesaid shall continue to be liable to the payment
of such property taxes as he would have been liable to
pay in respect of such building if the same or any
portion thereof had not been demolished or removed.

163. (1) To enable him to determine the

Power of [r a t e a] bl[e] value of any land or building and the person

Commissio- primarily liable for the payment of any property taxes
ner to call leviable in respect thereof, the Commissioner may
for mforma- require the owner or occupier of such land or building,

or of any portion thereof to furnish him within such

enter and reasonable period as the Commissioner may fix in this
inspect pre* behalf with information or with a written return signed
mises. by such 0W ne r o r occupier—

(a) as to the name and place of residence of

the owner and occupier, or of both the
owner and occupier of such land or
building ;

(b) as to the measurements or dimensions of

such land or building or of any portion
thereof and the rent if any, obtained
from such land or building or any portion
**thereof; and**


-----

(a) as to the actual cost or other specified details

connected with the determination of the value
of such land or building.

(2) Every owner or occupier on whom 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 knowledge or belief,

(3) Whoever ombs to comply with any such

requisition or fails to give true information or to make
a true return to the best of hts knowledge cr belief
shall, in addition to any penalty to which he may be
liable, be precluded from objecting to any assessment
made by the Commissioner in respect of such land or
building of which he is the owner or occupier.

Premises 164. Notwithstanding the fact that any land 01

**owned by,** Orb[u d] d ing’[s] owned by, or let to, two or more persons in
**let to, two** severalty, the Commissioner shall, for the purpose of
**or** **more** assessing such land or building to property taxes, treat

**severally to persons** in o [f p ] a s o n e [ property ;]1 **1** **1**

**be ordinarily**

**assessedasy** Provided that the Commissioner may, in respect

**one propert** of any land or building which was originally treated

as one property but which subsequently passes on by
transfer, succession or in any other manner to two or
more persons who divide the same into several parts
and oBtupy them in severalty, treat, subject to any
bye-law made in this behalf, each such several part, or
two or more of such se veral parts together, as a sepa­
rate property and assess such part or parts to property
taxes accordingly.

**Assessment in** . [a n v ] ) a n d o r building, bearing two or

**case** **of** more municipal numbers, or portions thereof, be amal-

**amalga-** gamated into one or more new premises, the Commis-

**mation of** sianer shall on su h amalgamation assign to them one
premises. o r m O re numbers and assess them to property taxes

accordingly:

Provided that the total assessment on amalgamation

shall not be greater than th<" sum of the pre­
vious assessments of the several premises except when
there is any revaluation of any of the said premises.

166. (1) The Corporation may, if it thinks fit,

**Employment employ one or more persons to assist the Commissioner**

**of valuer#,** in connection with the valuation of any land or build­

ing and any person so employed shall have power, at
all reasonable times and after giving due notice, and
on production, if so required, of authorisation in
writing in that behalf from the Commissioner to enter
on, survey and value any land or building which the
Commissioner may direct him to survey and value.


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112

(2) No person shall wilfully delay or obstruct any

such person in the exercise of any of his powers under
this section.

CHAPTER XIII

TAXES ON VEHICLES, BOATS AND ANIMALS

Tax oncer- I67. (1) Except as hereinafter provided, a tax at

tain vehicles, rales not exceeding those specified in the

an?mals[a n] d First Schedule shall be levied on vehicles, boats and

animals of the description specified in the Schedule,
when kept for use in the city for the conveyance of
passengers or goods in the case of vehicles and boats
and for riding, racing, draught or burden, in the case
of animals.

(2) The Corporation may, by notification in the

official gazette, from time to time, increase the rates of
the tax specified in the schedule, in relation to any
animal, class of vehicle or boat.

Explanation.—A vehicle, boat or animal kept

outside the limits of ihe city but regularly used

within such limits shall be deemed to be kept in the

city.

The tax on 168. The taxon vehicles, animals or boats shall

e v '** be leviable upon the owner of or the person having

possession or control of such vehicles or animals or boats

in respect of which the tax Is leviable :

Provided that in the case of an animal generally used

or employed in drawing any vehicle, the tax in respect
of such animal shall be leviable upon the owner of or

the person having possession or control of, such

vehicle, whether or not such animal is owned by such
owner or person :

Provided further that the said tax shall not be

leviable in respect of,—

(a) vehicles, boats and animals belonging to

the Corporation;

(b) vehicles, boats and animals vesting in the

Government and used solely for public

purposes and not used or intended to be
used for purposes of profit including

vehicles, boats and animals belonging to
the Defence Forces;


-----

118

**vehicle and boats intended exclusively f&t**

the conveyance free of charge of the injured,
sick or dead ;

(o) children’s perambulators and tricycles ;

(e) vehicles belonging to municipal emplo­

yees who are rsquired by the terms or

their appointment to maintain a conveyance

for the discharge of their duties.

169. The tax on vehicles, animals or boats

**I'm**

shall be payable in advance in such

number of instalments and on such man­
ner as may be detwminesl by rules made
in this behalf.

**Hower of Com-** 170. The Commissioner may compound for
**wioiOBW** any period not exceeding one year at
**te eutpouad**
**with Hverjr** a time, with any livery stable keepe[r]

**•table keep­** or arhat' person keeping vehicles for hire
**er, it*., fot** or animals for sale or hire
**ta»,** for & lump sum to be paid in respect

of the vehicles or anim al so kept in lieu
of the taxes leviable under section 147
which such livety stable keeper or other
person would otherwise be liable to

pay.

CHAPTER XIV

TAX ON THEATRES, ETC.

171. Save as otherwise provided in this Act,

**Theelra tax.**

there shall be levied a tax preferred to in
this Act as theatre-tax) in respect of every
cinema, circus, theatre, carnival and other
place of entertainments to which persons

A, are ordinarily admitted on payment for

performances or shows held or conducted
thereat, at such rates not exceeding

those specified in the Second Schedule:

Provided that the theatre-tax shall not be

levied in respect of any performance or

3how if the Commissioner is satisfied—

(a) that the entire receipts from such perfor­

mance or show will be devoted to philanthropic,
religious or charitable purposes ; or

(b) that the performance c r show is of a wholly

educational character ; or

(e) that the performance or show is provided

for partly educational or partly scientific purposes

by a society not conducted or established for

**profit.**


-----

114

**(2) •‘The Corporation may by notification in** **the**

official gazette, from time to time, increase the

rates specified in the Schedule.

**liability** 172. Every proprietor, manager, or person in-

**t» pay thoa«**
**' r e** **tax.** charge of a theatre, cinema, circus, carnival or other

place of entertainment shall be liable to pay the
theatre tax and shall pay the same in advance before
the commencement of the performance or shows :

Provided that the Commissioner may compound

for any period not exceeding one month, with such         -
proprietor, manager or person fora lump sum to be
paid for such series of performances or shows or for

the performances or shows held or conducted during

such period. **i**

###### CHAPTER XV

T a i on Advertisem ents other than A dvertisem ents published

in the Newspapers

lax oa 173. (I) Every person, who erects, exhibits, fixes

™nrtj.[Se]’ [o r r e t] ? [in s ] u Po n o r o v e r any land, building, wall

hoarding, frame, post or structure or upon or in

any vehicle any advertisement or, who displays any
advertisement to public view in any manner whatsoever,
visible from a public street or public place (includ­
ing any advertisement exhibited by means of

cinematograph) shall pay for every advertisement

which is so erected, exhibited, fixed or retained or
so displayed to public views, a tax specified in the
'Third Schedule;

Provided that no tax shall be levied under this

section on any advertisement which—

(a) relates to a public meeting or to any election

to any legislative body or the Corporation
or to the candidature in respect of such
election ; or

(b) is exhibited within the window of any

building if the advertisement rela tes to the

trade, profession or business carried on in
that building ; or


-----

(c) relates to the trade, profession or business

carried on within the land or building upon
or over which such advertisement is exhibi­
ted or to any sale or letting of such lands

or building or any effects therein or to any
sale, entertainment or meeting to be held
on or upon or in the same ; 01

’d) relates to the name of the land or building

upon or over which the advertisement is

exhibited, or to the name of the owner

or occupier of such land or building ; or

(e) relates to the business of a railway adminis­

tration and is exhibited within any railway

station or upon any wall or any other property
of a railway administration ; or

(f) relates to any activity of the Central Govern­

ment or the State Government or the Cor­
poration.

(2) The Corporation may, by notification in the

official Gazette, from time to time, increase the rate
specified in the schedule.

(3) The tax on any advertisement leviable under

this section shall be payable in advance in such number
of instalments and in such manner as may be deter­
mined by rules made in this behalf.

**Explanation 1:—The word** ‘'structure” in this

section includes any movable board on wheel used
as an advertisement or an advertisement medium.

**Explanation** 2:—The word “advertisement” in

relation to a tax on advertisement under this Act

means any word, letter, model, sign, placard,

notice, device or representation, whether illuminated

©r **net** in the nature of and employed wholly or in

part for the purposes of advertisement, announce­
ment or direction.

**Prehiki-** 17-4. (1) No advertisement shall be **erected,**

tion **ef ad-** exhibited, fixed or retained upon or over any land,
**vwdieaents** building, wall, hoarding, frame, post or structure or

**wriuen'ner-** [u] P[o n] *[r ] a n Y vehicle or shall be displayed in any

rhsioa if manner whatsoever in anyplace in the city without

**the Centals- the** written permission of the Commissioner **granted**

**si*wr.** **j** **H** awtordance with bye-laws made under this Act,


-----

lion if—■

(a) the advertisement contravenes any bye-law

made under this Act ; or

(b) the tax, if any, due in respect of the advertise­

ment has not been paid.

(3) Subject to the provisions of sub-section (2) in

the case of an advertisement liable to the advertise­
ment tax, the Commissioner shall grant permission for
the period to which the payment of the tax relates and
no fee shall be charged in respect of such permission.

4

Sewninien 1^5. The permission granted under section 174

        - f tho Com- shall become void in the following cases, namely—

missionsr to
bteom void
in ceertain

(a) if the advertisement contravenes any bye-law

made under this Act ;

(b) if any material change is made in the adver­

tisement or any part thereof without the pre­
vious permission of the Commissioner ;

(c) if any addition or alteration is made to, ®r

in the building, wall, hoarding, frame, post or
structure upon or over which the advertise­

ment is erected, exhibited, fixed or retained
and if such addition or alteration affects

the advertisement or any part thereof; and

;d) if the building, wall, hoarding, frame,

post or structure over which the advertise­

ment is erected, exhibited, fixed or retained
is demolished or destroyed.

rrssumptlon 1?6. Where any advertisement has been erected,

**•out™*?*-** ®»bibited, fixed or retained upon or over any land,

building, wall, hoarding, frame, post or structure or
upon or in any vehicle or displayed to public view
from a public street or public place in contravention of

the provisions of this Act or any bye-laws made there­
under, it shall be presumed unless and until contrary is
proved, that the contravention has been committed
**by** the person or the persons on whose behalf the
**advertisement** purports to **be** er the **agents «f such**
**person** **pmons.**


-----

case of c o u . section 174, the Commissioner may require the owner
travwtiejj. or occupier of the land, building, wall, hoarding,

frame, post or structure or vehicle upon or over or in
which the same is erected, exhibited, fixed or retained,

to pull down or remove such advertisement or may
enter any Sand, building, property or vehicle and
have the advertisement dismantled, pulled down or
removed or spoiled, defaced or screened.

CHAPTER XVI

###### Dnty on transfer of property

JctnXr »f M Save as otherwise provided in this Act,

property eo«l the Corporation shall levy a duty on transfer of immo-

wrethed of vable property situated within the limits of the city

| n accordance with the provisions hereafter in this

section contained.

(2) The said duty shall be levied—

(a) in the form of a surcharge on the duty im­

posed by Indian Stamp Act, 1899, as in

force for the time being in the State, on every
instrument of the description specified below ; and

(b) at such rate as may be determined by the

Corporation not exceeding five per cent, on the

amount specified below against such instruments;

Description of instrument—Amount on which duty

should be levied.

(i) Sale of immovable—The amount or value of the

property. consideration for the sale, as
set forth in the instrument.

(ii) Exchange of             - —The value of the property of

immovable pro­ the greater value, as set forth

perty, in the instrument.

(iii) Gift of immovable—The value of the property as

property. set forth in the instrument.

(iv) Mortgage with—The amount secured by the

possession of mortgage as set forth in the

immovable instrument.

**property.**


-----

petuity of im­ sixth of the whole amount or

movable pro­ value of the rent which

perty, would be paid or delivered in
respect of the first fifty years of
the lease aB set forth in the
instrument.

Pr»visieas 179. On ths introducdon of the duty on

applicable transfer of property—
on the intro*
duction of

transfer duty. (a) section 27 of the Indian Stamp Act,

1899 (Act H o t 1899) shall be read as if it specifically

required the particulars to be set forth separately in
respect of property situated within and without the 4

ci’y;and

(b) section 64 of the sa’d Act shall be read as

it it referred to the Corporation as well as the Govern­
ment, v

**CHAPTER XVII**

TAX ON PROFESSIONS. TRADES AND

CALLINGS

LieeMc t« be 130. (1) Every person oho exercises or carries

annuall*-[1] ’[n ] l ^ c C^X’ e *l ^ e r hy bin" if [o r] bv an agent or

annua). r e [p] r e [g]C n [tative, any of the professions, trades or call­]

ings indicated in the Fourth Schedule, shall

annually take out a license before the first day of April
in each year or within one month of his taking up
the profession, trade or calling, as the case may

be, and pay for the same such fee as is mentioned

in that behalf in the said schedule:

Provided also that the grant of such a license

shall not be deemed to affect the liability of the

licensee to take out a license under any other section
of this Act :

Provided also that the Commissioner may—
(a) remit or refund any portion of the fee so pay­

able in respect of the exerc'se or carrying on of

any profession, trade or calling if he is satisfied

that the profession, trade or calling has not been

exercised or carried on for more than six consecu­
tive months ; or

(b) exempt a person, who in the opinion of the

Commissioner is unable to pay the fee due for a

license, from liability to take out such license, or

declare that he shall be entitled to take out a

license under a lower class than that under which he
is chargeable according to the said schedule ;

(c) in any other case exempt any person from

liability to take out a license or declare that any

person shall be entitled to take out a license under

a lower efass than before.


-----

##### 1W

(•t) **The** Qommissioner may at any time grant a

license for any previous year for which no licence has
been taken out, on payment of the fee which would
have been payable therefor in the first instance:

Provided that the production of such a licence

shall not afford a valid defence if the licencee is
prosecuted for failing to take a licence within the time
required by this Act.

r pe w e r o [f ] (3) The Commissioner may, by written notice,

S o n mi's- require the owner or occupier of any building or place
s i • a • r t» of business to forward to him within seven days a
call for list jigt, signed by such owner or occupier of the names

» ®f Pencas. a [y p] e r s o n s [ exercising or carrying on any professions, ]

trades or calling therein, and of their respective pro­
fessions, trades, and callings.

. (4) The liability of any person to take out a

_clas/hoVto licence and the class under which he_ shall be deemed

determi- bound to take out a licence, shall be determined in

ned. accordance with the rules that may be made in this

behalf by th e Corporation.

(5) 1 he Corporation may, by notification in the

official gazette, from time to time, increase the rates

specified in the Schedule.

**CHAPTER XVIII**

###### OCTROI

Octroi on 181. The Corporation after it is established may

so°[d ,]Tc»r n* from any point of time levy on all goods carried by

w ^ r o i'd Railway or road or water or pipe line into the city
o'* Crater. of Gauhati from any place outside thereof an octroi

as may be determined from time to time by the
Corporation with the previous app oval of the State
Government.

Recovery of 182. The' Octroi levied under this Act shall

Octroi- b c payable on demand and shall be collected by the
Commissioner in such manner and through such agency’
as may be specified by notification in the official
**gaietta.**


-----

**126**

Fewer to 183. The Corporation may make rules in

«aak« rules. r e |a l ;o n j0 the levy, assessment and collection of octroi

under this Act and may by such rule provide for the
following among other matters, namely:—

(a) the examination of goods liable to payment

of octroi;

(b) the inspection, weighing or otherwise examin­

ing the conveyance or package for the purpose of ascer­
taining whether it contains any goods in respect of
which octroi is payable ;

(c) the seizure and confiscation of goods liable to

octroi in case of refusal to pay such tax ;             -             - -'a

(d) the measures to prevent evasion of octroi j and

x (e) any other matter which is to be or may be

prescribed for the levy, assessment or collection of
octroi.

###### CHAPTER XIX

**Land Revenue, Local Rates, Urban Property Tax,**

**Taxes on Entertainment** **and Betting and**

Tax on M otor Vehicles collected

w ithin th e lim its o f the City of

Gauhati

184. The proceeds of the following taxes col­

**State** **Go­**

**vernment** lected in the City reduced by the cost of collec­
**to pay pro-** tion as determined by the State Government shall be

**ceed«** **of** paid to the Corporation for the performance of its

**Land Reve-n w , Local** ’ function under this Act.

ratei, Urban

Tax[P] Motor W [L a n d] Revenue collected under the Assam

Vehicle! Tax,Land and Revenue Regulation, 1886.
**Betting tax**
collected in (2) Local rates collected under the Assam Local

ion 1379.

(3) Property Tax collected under the Assam

Urban Immovable Property Tax Act, 1969.

(4) Motor Vehicles tax collected under the Assam

Motor Vehicles Taxation Act, 1936,

(5) Entertainment Tax collected under the Assam

Amusements and Betting Tax Aet, 1939.


-----

###### CHAPTER XX

payment and recovery of taxes

**Time and** 185. Save as otherwise provided in this Act
**manner of**
**payment of** any tax levied under this Act shall be pavable on

**taxei-** such dates, in such number of instalments and such

manner as may be prescribed.

**Presentation**

186. (1) When any tax has become due,

the Commissioner shall cause to be presented

to the person liable for tl e payment thereof,

a bill for the amount due ;

Provided that no such bill shall be necessary in

the case of —

(a) a tax on vehicles, boats and animals ;

(b) a theatre tax; and

(c) a tax on advertisements.

(2) Every such bill shall specify the particulars

of the tax and the period for which the charge is

made.

**Notice** of 187. (1) if the amount of the tax for which

**demand and** a bill has been presented under section 186 is not
**notice ee.** p a j^ within fifteen days from the presentation thereof,
or if the tax on vehicles, boats and animals or the
theatre tax or the tax on advertisements is not paid
after it has become due, the Commissioner may

cause to be served upon the person liable for the

payment of the same a notice of demand in the

form to be prescribed in th [:]s behalf.

(2) For every notice of demand which the

Commissioner causes to be served on any person

d under this section, a fee of such amount not

exceeding two rupees as may be determined by

bye-laws made in this behalf, st all be payable by
the said person and shall be included in the cost of

   - , recovery.

188. (1) If the person liable for the payment of

**P*[n a l t]** **y** a n y ,a x does not, within thirty days of the service of

**default' of** **[t]** **^i e n o t ! c e** demand under section 187 pay the sum

**payment of** due and if no appeal is preferred against such tax,
**tax.** he shall be deemed to be in default.

(2) When the person liable for the payment

of any tax is deemed to be in default under sub­
section (1) such sum not exceeding twenty per cent of
the amount of the tax as may be determined by the
Commissioner may be recovered from him by way


-----

of penalty, in addition to the amount of the tax

and the notice fee payable under sub-section (2) of

section 187.

(8) The amount due as penalty under sub­

section (2) shall be recoverable as an arrear of tax
under this Act.

Recovery of J89. (1) If the person liable for payment of

the tax does not, within thirty days from the service
of the notice of demand, pay the amount due, such
sum together with all costs and the penalty provided for
in section 188 may be recovered under a warrant,
issued in the form to be prescribed by distress

and sale of the movable property or the attachment
and sale of the immovable property, of the

defaulter.

(2) Where the property is in the city, the warrant

shall b [e] addressed to an employee of the

Corporation and where the property is outside the
city, to the Collector of the district concerned, [w] “ °
shall proceed to collect it as arrear of LA[n] d

Revenue:

Provided that the employee to whom the warrant

is addressed may endorse such warrant to a subor­
dinate employee.

(3) For every warrant issued under this section

a fee shall be charged at the rates to be prescribed
by the Corporation and the amount of the said fee shall
be included in the cost of recovery.

Power to 190. Any employee charged with the

break open execution of a warrant of distress issued under

door or section 189 may, if authorised by a 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 make the distress
with the approval of the Standing Finance Committee—

(a) if he has 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 inly demanding admittance
he cannot otherwise obtain admittance:

Provided that such employee shall not

enter or break open the door or window of any

apartment appropriated to the use of women until he


-----

has given not less than three hours notice of his intcii-

tion and has given such women an opportunity

jo withdraw.

**Warrant** of 191. The employee charged with the execution of

**distress.** **a** w a [rrant of ] distress issued under section 189

shall if authorised by the warrant, distrain,

wherever it may be found, any movable property

or attach any immovable property of the person

named in the warrant subject to the following condi­
tions, namely:—

#### *

(a) the following property shall not be

distrained:—

#### > (il the necessary wearing apparel and

bedding of defaulter, his wife and

children ;

(ii) the tools of artisans including equipment

of persons engaged in medical profession ;

(iii) books of accounts of commercial houses

and law books of persons engaged in legal
profession; and

(iv) when the defaulter is an agriculturist,

his implements of husbandry, seed, grain
and such cattle as may be necessary to

enable the defaulter to earn his livelihood;

(b) the property distrained shall be as nearly as

possible equal in value to ’he amount

recoverable under the warrant, and it any

_i-_ property has been distrained which, in the
opinion of the Commissioner or the person
to whom the warrant was addressed, should
not have been so distrained, it shall forth-

-j. with be returned to the defaulter ;

(c) the employee shall forthwith make in the

presence of two witnesses at least one of whom

shall be a ratepayer an inventory of the mova­
ble property which he seizes under such

warrant, and shall at the same time give a

written notice, in the form to be prescrioed
in this behalf, to the person in possessors

hereof at the time of seizure, that such

property will be sold as therein mentioned


-----

(d) when the property is immovable:—

(i) the attachment shall be made by an order

prohibiting the defaulter from transferring
or charging the property in any way,

and all persons from taking any benefit from
such transfer or charge;

(ii) the order shall be proclaimed at some place

on or adjacent to the property by beat

of drum or other customary mode, and
a copy of the order shall be fixed on a
conspicuous part of the Municipal Office,
and also when the property is land paying

revenue to the Government, in the office
of the Collector ; and

**(e)** any transfer of or charge on the property »

attached or any interest therein made

without the written permission of the

Commissioner shall be void as against all

claims of the Corporation enforceable under
the attachment.

dhtrafn^in[8] 192. (I) When the property seized is subject

         - scial caiei.[t o s]P[e £] dy 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 Com­
missioner 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

            - ll it accordingly unless the amount specified in the
**war i ant** be forthwith paid.

(2) Oh the expiry of the time specified in the

notice served by the employee executing the war­

rant 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, attachment or detention of **the**

property, as the case may be.

(3) Where the sum due together with costs **is**

paid by the defaulter aforesaid, the attachment,

if any, of immovable property shall be deemed to
have been removed.

**(4)** **All sales of immovable property** **under this**

**•ection shall, so far as may be practicable, be regu­**
**lated in the manner to be prescribed.**


-----

(5) No Municipal employee shall directly or indirectly

purchase any property at any such sale.

(6) The sale proceeds or such part thereof as may

be sufficient shall be applied, first, in discharge of
any **sum** due to the Government in respect of such
property and secondly, in discharge of the sum due
to the Corporation and all such incidental costs **as**
**aforesaid.** **.**

(7) The surplus, if any, of such proceeds^ shall be

forthwith credited to the Municipal Fund and notice
of such credit shall be given at the same time

to the person in whose possession the property was
at the time of distraint or attachment and if such
person shall claim the surplus by written application
of the Commissioner within one year from the date
of the notice given under the sub-section, the

Commissioner shall refund the surplus to him.

(8) Any such surplus not so claimed shall be **the**

property of the Corporation.

Salsoii-iide 193. When a warant of distress has been

the city. issued against any person under section 189 and—

(a) if no sufficient movable property belonging

to the said person can be found in the

city of Gauhati, or

(b) when the said person is the occupier of

premises in respect of which property taxes
are due, if no sufficient movable property
can be found on such premises,

The Commissioner may issue a warrant to any

Magistrate in Assam outside the city of Gauhati,
for the distress and sale of any movable property
belonging to the said person within the jurisdiction

**of** **such Magistrate.**

s . (2) Any Magistrate to whom a warrant **is** **to**

**issued shall—**

(i) endorse the same and cause it to be

executed, and

(ii) remit the amount realised under such

warrant to the Corporation.

(3) If there has been any sale, the proceeds

shall be dealt with as per provisions of 192.


-----

126

Summary 194. (1) If any sum recoverable under the

ma” ' be[S] P[r o v] *s *o n s °f th*8 Act is due or is about to

taken against become due from any person and if the Gommis-
p erso n a sioner shall have reason to believe that such person
about to is about to leave the city, the Commissioner may

leave city. direct t [j]ie [ immediate payment by such person of such ]

sum a'nd cause a bill for the same to be presented
to him.

(2) It, 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 Commis­

sioner, the amount shall be recoverable by distress
and sale of his movable property or by the attach­
ment and sale of his immovable property in the

manner hereinbefore specified except that it shall

not be necessary to serve upon him any notice of

demand and the Commissioner’s warrant for distress
and sale may be issued and executed without any
delay.

Power to 195. Instead of proceeding against a defaulter

          - nstitute suit by distress and sale as hereinbefore pro-

*or recovery, v jded, or after a defaulter has been so proceeded

against unsuccessfully or with partial success,

a n [y ] sum due or the balance of any sum

due, as the case may be, from such defaulter on

a c c [ount of a tax may be recovered from him by a ]
suit in any court of competent jurisdiction.

196. (1) If the tax on any vehicle or animal is

Power of n Q t[ paid, then instead of proceeding against ] the

vehicle and defaulter by distress and sale of his other movable

animals property as hereinbefore provided the Commissioner

case of non- may, at any time after the tax has become due,

payment of s e jz e and detain the animal or vehicle or both and

tax thereon. o w n e r o r [ other person entitled thereto does]

not within seven days from the date of such seizure

and detention, claim the same and pay the tax

due together with the charges incurred in connec­

tion with the seizure and custody, the Commissioner
may cause the same to be sold by auction and apply
the proceeds of the sale or such part thereof as is

required in discharge of the sum due and the charges

incurred as aforesaid.

(2) The surplus, if any, remaining after the

application of the sale proceeds under sub-section (1)
shall be disposed of in the manner laid down in sub­
sections (6) and (7) of Section 192.

197. (1) f° r the purposes of recovering the

Occupiers amount ol any property taxes from any occupier under
may be re* section 154 the Commissioner shall cause to be

quired t o s e r v e [d ] o n [ such occupier a notice requiring him to pay ]

Var^^ds*to the Corporation any rent due or falling due from

faction of him in respect of the land or building to the extent

property necessary to satisfy the portion of the sum due for

» axesj w [hich he is liable under the said section.]


-----

(2) Such notice shall operate aS an attachment

of the said rent unless the portion of the sum due
shall have been paid and satisfied and the occupier
shall be entitled to credit in account with the person
to whom such rent is due for any sum paid by him
to the Corporation in pursuance of such notice:

Provided that if the person to whom such rent

is due is not the person primarily liable for payment
of the property tax, he shall be entitled to recover

from the person primarily liable for the payment of
such tax any amount for which credit is claimed

as aforesaid.

(3) If any occupier fails to pay to the Corporation

any rent due or falling due which he has been

required to pay in pursuance of a notice served upon
him as aforesaid, the amount of such rent may be

recovered from him by the Corpoiation as an arrear

of tax under this Act.

Recovery of 198. (1) In case of non-payment of any toll or

tolls and o c [t]r o [; ] o n [ demand the employee empowered to collect ]

the same may seize any article on which octroi is
chargeable, or any animals on which the toll is

chargeable, or any part of its burden of sufficient

value to satisfy the demand.

(2) The Commissioner after the lapse of seven

days from the seizure and after the issue of proclama­
tion fixing the time and place of sale, may cause

any property so seized, or so much as thereof as
may be necessary, to be sold by action to satisfy
the demand, with the expenses occasioned by the

seizure, custody, and sale thereof unless the demand
and expenses aye in the meantime paid;

Provided that by order of the Commissioner,

articles of perishable nature which cannot be kept for
five days without serious risk of damage may be sold
after the lapse of such shorter time as he may, having
regard to the nature of the article, think proper.

Writing off 199. npbe Commissioner may with the approval

able[r<]taxes[r]" t ^l e Standing Finance Committee, write off any

sum due on account of any tax or of the costs of

recovering any tax if such sum is, in his opinion
irrecoverable.

Receipt to 200. For all sums paid on account of any tax

'H psTinents [u n t] ^e r Act a receipt, stating the amount and the

" av n tax on account of which it has been paid, shall be

tendered by the person receiving such payment.


-----

REMISSION AND REFUND

Demolition, 201. If any building is wholly or partly demo­
etc., of buil­ lished or destroyed or otherwise deprived of value, the
ding.

Commissioner may, on the application in writing of

the owner or occupier, remit or refund such portion of
any tax assessed, on [the rateable value thereof as he

thinks fit.

Remission 202. (I) When any land or building or any por­

or refund of tion of a building treated as a separate property for

tax on un­
occupied the purpose of assessment under any provision of this
immovable Act has been vacant and unproductive of rent for a

p roperty- period of at least sixty consecutive days, the Commis­

sioner shall remit or refund one-half of the property­
tax proportionately to the period during which the

land or building had been vacant and unproductive of

rent. Such a refund shall be granted proportionately
for the number of months of vacancy, each complete
consecutive period of thirty days being reckoned as
one month.

(2) The burden of proving the facts entitling any

person to claim relief under this section shall lie upon
**him.**

(3) For the purposes of this section any building

furnished and reserved by its owner for his own occupa­
tion whenever required shall be deemed to be occupied
whether it is actually occupied by such owner or not.

(4) For the purposes of this section neither the

presence of a care-taker nor the mere retention in any
otherwise unoccupied dwelling house of the furniture
habitually used in it shall constitute occupation of the
house, if the house is ordinarily let to tenants and it is
not reserved by the owner for his own occupation.

**(5)** No such remission or refund shall be granted

unless notice in writing of the circumstances under
which it is claimed has been given to the Commis­
sioner within three months of the beginning of the
period for which a refund or remission is claimed.

(6) In no case shall any such remission or refund

be permitted unless the total sum demanded by way of
all taxes on the property concerned has actually first
been paid up to the end of the period for which the
concession is claimed.

Power to 203. The Corporation may, at a meeting, reduce

reduce or the amount payable on account of any of the taxes
remit taxes.m e n t io n e ( j ;n s c c t ;o n 147, o r r e m jt the same on ground

of excessive^hardship to the person liable to pay the

**same:**


-----

Provided that such reduction or remission shall

not unless renewed by the Corporation at a meeting
have effect for more than one financial year,

###### Appeals

A p p e a l
a g a in s t 204. (1) An appeal against the levy or assess-

Assessment, ment of any tax under this Act shall lie at the juris­

diction of the Standing Appeal Committee and against
the ordei of the "Committee to the Court of the District

Judge.

(2) If, before or on the hearing of an appeal

under this section by the District Judge any question
of law or usage having the force of law or- construc­
tion of a document arises, the court of the District

Judge on its own motion may, or on the application of
any party to the appeal shall draw up a statement of

the facts of the case, and the question so arising, and

refer the statement with its opinion on the question
for the decision of the High Court.

(3) On a reference being made under sub-sections

(2), the subsequent proceedings in the case shall

be tas nearly as may be, in conformity with the rule
relating to references to the High Court contained in

Order XLVI of the First Schedule to the Code of

Civil Procedure, 1908.

(4) In every appeal, the costs shall be in the

discretion of the court.

(5) Costs awarded under this section to the Cor­

poration shall be recoverable by the Corporation as an
arrear of tax due from the appellant.

(6j If the Corporation fails to pay any costs

awarded to an appellant within ten days after the date
of the order for payment thereof, the court may order

the Commissioner to pay the amount to the appellannt.


-----

**Condition,** 205. No appeal shall be heard or determined,
**of righta** to
**appeal.** under section 204, unless—

(a) the appeal is, in the case of a property tax

brought within thirty days next after the date
of authentication of the assessment list under
section 156 (exclusive of the time requisite for
obtaining a copy of the relevant entries
therein) or, as the case may be, within thirty
days of the date on which an amendment is
finally made under section 158 and, in the

case of any other tax, within thirty days
next after the date of the receipt of the notice
of assessment or of alteration of assessment                 -

or, if no notice has been given, within thirty
days after the date of the presentation of the
first bill or, as the case may be, the first notice
of demand in respect thereof: «

Provided that an appeal may be admitted after

the expiration of the period prescribed therefore by
this section if the appellant satisfies the court that he

had sufficient cause for not preferring the appeal within
that period ; and

(b) the amount, if any, in dispute in the appeal

has been deposited by the appellant in the

office of the Corporation.

Finality of 206. The order of the Court confirming,
**appellate** setting aside or modifying an order in respect of any

orders

rateable value or assessment or liability to assessment or
taxation shall be final;

Provided that it shall be lawful for the

court, upon application or on its own motion, to
review any order passed by it in appeal within three             -

months from the date of the order.

CHAPTER XXI

**M iscellaneous provisions relating to taxation** **s**

**Fewer to ini** 207. (1) The Commissioner, may without

**pact for pur­** giving any previous notice, enter upon and make an

**poses of de­**

**termining** inspection of-—

**rateable va**
**lue.** (a) any land or a building for the purpose of

determining the rateable, value of such land

or building;

(b) any stable, garage, or coach-house or any

place wherein he may have reason to believe

that'there is any vehicle nr animal liable tp

a tax under this Act;


-----

**Condition,** 205. No appeal shall be heard or determined,
**of righta** to
**appeal.** under section 204, unless—

(a) the appeal is, in the case of a property tax

brought within thirty days next after the date
of authentication of the assessment list under
section 156 (exclusive of the time requisite for
obtaining a copy of the relevant entries
therein) or, as the case may be, within thirty
days of the date on which an amendment is
finally made under section 158 and, in the

case of any other tax, within thirty days
next after the date of the receipt of the notice
of assessment or of alteration of assessment                 -

or, if no notice has been given, within thirty
days after the date of the presentation of the
first bill or, as the case may be, the first notice
of demand in respect thereof: «

Provided that an appeal may be admitted after

the expiration of the period prescribed therefore by
this section if the appellant satisfies the court that he

had sufficient cause for not preferring the appeal within
that period ; and

(b) the amount, if any, in dispute in the appeal

has been deposited by the appellant in the

office of the Corporation.

Finality of 206. The order of the Court confirming,
**appellate** setting aside or modifying an order in respect of any

orders

rateable value or assessment or liability to assessment or
taxation shall be final;

Provided that it shall be lawful for the

court, upon application or on its own motion, to
review any order passed by it in appeal within three             -

months from the date of the order.

CHAPTER XXI

**M iscellaneous provisions relating to taxation** **s**

**Fewer to ini** 207. (1) The Commissioner, may without

**pact for pur­** giving any previous notice, enter upon and make an

**poses of de­**

**termining** inspection of-—

**rateable va**
**lue.** (a) any land or a building for the purpose of

determining the rateable, value of such land

or building;

(b) any stable, garage, or coach-house or any

place wherein he may have reason to believe

that'there is any vehicle nr animal liable tp

a tax under this Act;


-----

(c) any place or premises which he has reason

to believe are being used or are about to be
used for any performance or show in respect
of which the theatre-tax is payable or would

be payable;

(d) any land, building or vehicle in or upon

which any advertisement liable to tax under
this Act is exhibited or displayed.

(2) The Commissioner may, by written summons,

require the attendance before him of any person whom
he has reason to believe to be liable to the payment
of a tax in respect of a vehicle, boat or animal, or
of any agent or employee of any such person

and may examine such person as to the

number and description of vehicles, boats and

animals owned by ©r in the possession or under

the control of such person; and every person,

agent or employee of such person so summoned
shall be bound to attend before the Commissioner and
to give information to the best of his knowledge and
belief as to the said matter.

Composition. 208. (1) The Commissioner may, with the

previous sanction of the Standing Committee, allow
any person to compound for any tax.

(2) Every sum. due by reason of the composition of

a tax under sub-section (1) shall be recovered as an
arrear of tax under this Act.

Obligation to 209. (1) The Commissioner may, by written

bilit°[Se] ' [ia ] flo t*c e « call upon any inhabitant of the city to furnish

such information as may be necessary for the purpose
of ascertaining—

(a) whether such inhabitant is liable to pay any

tax imposed by the Corporation under this

  - Act ;

(b) at what amount he should be assessed ; or

(e) the rateable value of the land or building

4, which he occupies and the name and
address of the owner or lessee thereof.

(2; If any person when called upon under sub­

section (1) to furnish information neglects to furnish
it within the period specified in this behalf by the
Commissioner or furnishes information which is not
true to the best of his knowledge or belief, he shall be
liable in addition to any penalty which may be

imposed under this Act, to be assessed at such amount
@n account of tax as the Commissioner may deem

proper, and the assessment so made shall, sukgect to
the provisions of this Act, be final.


-----

Deduction 210. (1) In case of a person serving under the

tax[r<]from°[a] State Government or Central Government or a local
certain authority, the tax which he is liable to pay shall be

Government deducted at the source in the manner prescribed,
employees

(2) The amount of the tax deducted under sub­

section (1) shall be credited to the Municipal fund
by the Government or the local authority concerned
within fifteen days of such deduction.

Power to 211. Every person bringing or receiving
examine within the limits of the city any article on which
article

octroi is payable shall, when required by an

liable to
octroi. agent or employee duly authorised by the Com­

missioner in this behalf and so fat as may be necessary
for ascertaining the amount of tax chargeable:—

(a) permit that agent or employee to

inspect, examine, weigh and otherwise
to deal with the article, and

(b) communicate of that agent or employee

any information and exhibit to him

any bill, invoice or documents of like

nature which he may possess realting to
the article.

Power to 212. (1) If any person, bringing or receiving

search where a conveyance or package within the prescribed limits

leviable ** t *l e o n w ^ich octroi is believed to be leviable,

refuses, on the demand of an employee authorised by

the Commissioner in this behalf to permit him

to inspect, weigh or otherwise examine the con­

tents of the conveyance or package for the purpose
of ascertaining whether it contains any article in
respect of which octroi is payable, or refuse to com­
municate to him any information and 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 communi­
cates any such bill, invoice or document of a like
nature which is false, forged, of fraudulent he shall
be punishable with fine which may extend to

five hundred rupees.

(2) Any such person may demand that the

conveyance or package or both, as the case may be,

shall be taken without unnecessary delay before the
Commissoner or a person appointed by him for this
purpose, who shall cause the inspection to be made
in his presence:


-----

,, Power to fix 213. Any person, who, with the intention to

fimits'and defraud the Corporation, causes or abets the introduc-
penalty for ff°[n] of or himself introduces or attempts to introduce

erwion from within the notified octroi boundary any animal or

payment of article on which octroi is payable, shall be punishable

eetroi. with fine which may extend to twenty times the value
of such octroi.

Extension of 214. (11 When the Corporation, with the

taxation sanction of the Government, has entered into an.

a'greematit. *g[r c c m] ent with a Cantonment Authority or the Board

of an area notified under the Assam Municipal Act,

1956 or a Panchayat that the same limits for octroi

or tax shall be established for the contracting parties,
the Corporation may fix limits by bye-laws 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 collecting such toll or
octroi on animals or articles brought within such

limits or such tax, and the provisions of this Act for
the assessment and collection of such toll or octroi or
tax shall apply in the same way as if the said limits
were wholly comprised in the area of the Corporation.

(2) The total of the proceeds of such toll, octroi

or tax made in the joint area of the Corporation and

Cantonment or Municipality or Notified Area or

Panchayat and the cost incurred therefor shall be
apportioned between the Municipal Fund and the
fund subject to the control of the Cantonment

Authority or the Municipal Board or Town Com­

mittee or the Panchayat in such proportions as shall
have been determined by the agreement.

Taxes not 215. (1) No assessment and no charge or

invalid for demand of any tax made under this Act shall be called
d *ferM q [u c s t i o n o r] *n a n Y [w a] Y affected by reason of —

(a) any clerical or arithmetical mistake

arising from any accidental slip or omission—

  - (i) in the names, residence, place of business

or occupation of any person liable to pay
the tax ; or

(ii) in description of any property or thing

liable to the tax ; or

(iii) in the amount of assessment of tax ; or

(b) (i) any clerical error ; or

(ii) any defect of form, not being of a

substantial nature ;


-----

Provided that the Commissioner [may, either of his

own motion or on the application of any J aggrieved
party, correct j any such mistake or error or

defect of form as is referred to in sub-section (1).

(2) If the property taxed or assessed is so

described as to be generally known, it shall suffice into
the case of any tax on such property or any assessment
of value for the purpose of any tax and it shall not
be necessary to name the owner or occupier thereof.

P«wer of 216. The G rnment may by order exempt

©•vemmeut jlevyoTt^xes.[s u c]n w^  hole t a x a no r Y jp en °P sa r ° n ° t from the payment r c ' a s s P [e r s o n s ] o r of any a n Y

’ property or deb, ription of property.If at a y me, it appears to the Government               -

on 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 require the Corporation to take within
a specified period measures to remove the objection ;
and, if within that period the requirement is not
complied with to the satisfaction of the Government
the Government may by notification suspend the

levy of the tax or of such part therof until the objec­
tion has been removed or may abolish or reduce the
tax.

**PART V**

###### CHAPTER XXII

**PUBLIC HEALTH, SAFETY AND CONVENIENCE**

**Water Supply, Drainage and Sewage Disposal**

Ceaeml 217. For the purpose of providing supply of

power for water the Commissioner may, either within or without

       - pplying t [h] e c [jty—(a) construct and maintain water-works and]

water. ^0 a c t s w [hich may be necessary or expedient in con­]

nection with such construction or maintenance ,

(bi purchase or take on lease any water work or

any water or right to store Water or to take or convey
water ; or

(cj enter into any arrangement with any person

for supply of water.

218. (a) The Commissioner shall supply watei

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.


-----

135

(b) The suppl}’ of water shall be made upon

such terms and conditions and for such period, as the
Corporation may by bye-laws provide.

In conection 219. Where an application under section 218

with has been received, all necessary communication

waterworks P’P[e s ] a n c         - fittings shall be supplied by the Commis-

’ sioner and the work of laying and applying such

communication pipes and fittings 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
works so executed shall be paid by the per son making

### * such application.

Obligation

of owner or 220. Any owner or occupier of any land or build­
occupier to ing in or on which water is supplied under this Act is

give notice

misused from negligence or other circumstances under

o f waste of

his control in which the pipes, mains or other works

water.

are out of repair to such an extent as to cause waste of
water shall, if he has knowledge thereof, be bound to
give notice of the same to such municipal employee as
the Commissioner may appoint in this behalf.

Responsibility 221. Neither the owner nor the occupier of any

caused^by ^an<^ [o r] building in which pipes, mains or other works

1 eakage of [a r e] situated nor the Corporation shall be liable to pay

water. 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 oc­
cupier or the Corporation has knowledge thereof and
has failed to take reasonably prompt action either to
report the same to the Commissioner or to stop the
leakage or to execute the required repairs, as the case
may be.

Cutting off 222. If any person whose premises are supplied

of supply to with water, neglects to pay any sum payable under

premises. g e c [fi]o n [ 218 when ] due, the Commissioner may cut

off the supply of water from the said premises

with due notice.

Power of 223. (1) The Commissioner may provide a

Commissio- water-meter and attach the same to the service pipe
ner to pro- jn premises connected with municipal water works,
vide meters.

(2) The expenses of providing and attaching a

meter under sub-section (1) shall be paid initially out
of the Municipal Fund and shall be reimbursable by
the owner of the premises.

Presumption 224. Whenever water is supplied under this

as to correct-part through a meter it shall be presumed that the

n e*t _n_ °[f] 9 [u] antity indicated by the meter has been consumed

     - [w] until the contrary is preyed,


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**136**

Damaging 225. No person shall—
water works, (al wilfully or negligently damage or cause
misappro­

to be damaged wells, reservoirs, mains,

priating
water and pipes or other appliances for the supply

tampering of water under the management or control
with mete s. of the Corporation

(b) draw off, or diveit any water from any

m u n i c i p a l well, reservoir, main or

pipe or

(cl tamper with any meter.

Misuse of 226. No person shall—■

and leaving (al open or keep open the valves or any water
open valves, works used for the supply of water to the
and tam­ public by any means other than the use ♦

pering with

of pressure by the hand and

valves and
hydrants. (bi having opened such valve fail to close

the same or tamper with any valve or

«

hydrant not intended for the supply of
water to the public.

Prohibition 227. Except with the permission of the Cor-

of erection potation no, person shall
of any buil- (a ) e r e ct any building for any purpose what-

ding which ever on any part of the area enclosed by the
boundary fence of any lake or reservoir

sources of from which a supply of water is served

water supply. for a municipal water-works • or

(b) remove, alter, injure, damage or in any

way interfere with the aforesaid boundary­
fence.

Prohibition 228. Fxcept as provided hereinafter, no person

of bathing in shall—
or polluting (a ) bathe in or near any water-works belonging

w ater> to the Corporation ; or

(bl 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 or upon the water

of such works ; or

(di wash or cleanse therein any cloth, wool, ,

lather or skin of any animal or any

clothes or other thing; or

(e) cause the water of any sink, drain,

stream, engine, boiler, or other filthy water
belonging to him or under his control to
run or be brought into any such water­
works or do any other act whereby the
water in such works may be fouled or

polluted of its quality altered.


-----

137

of°Corpora- 229. The Corporation shall not be liable **to** any

tion when penalty or damages for cutting off the supply of water

supply re- or for not supplying water (save in the case of express

duced or not stipulation in an agreement for the supply of water

certain n [ f]o r [ other than domestic purpose) in the case of any ]
fines. draught, other unavoidable cause or accident, or due

to the necessity of relaying or repairing pipes.

Water Sup- 230. (1) The Commissioner shall provide

ply to t he gratuitous supply of wholesome water to the public

public. within the city and may for the purpose, erect publie

hydrants or other conveniences.

(2) The Commissioner, may, close a public

hydrant or other convenience when it is no longer
required for the supply of wholesome water to the
public.

**Drainage and sewage**

Cleansing 231. (1) The Municipal drains sha'l be so con-

**drains.** structed, maintained and kept as to keep the drains

free from public nuisance and shall from time to

time be properly flushed, cleaned and emptied.

(2) For the purpose of flushing, cleaning and

emptying the said drains, the Commissioner may
construct or set up such reservoirs, sluices, engines
and other works, as he shall from time to time

deem necessary.

Appo i n t- 232. The Commissioner may cause all or any

m • H t of of the Municipal drains to empty into any place,

places for whether within or without the city, and may dis-

emptying of pO se o f the 9 e w a ge at any place whether within or
dhposal of without the city, and in any manner which he
s«wag«. may deem suitable for such purpose.

Provided th at:—

(a) the Commissioner shall not cause any Muni­

cipal drain to empty into any place into which a
Municipal drain has not here-to-before been emp­
tied, or disposed of sewage at any place or in any
manner at or in which sewage has not heretofore
been disposed of, without the sanction of the Corpo­
ration ; and


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138

(b) no Municipal drain shall be made to empty

into any place, and no sewage shall be disposed of

at any place or in any manner which the Govern­
ment may think fit to disallow.

Provision of 233. The Commissioner may for the purpose

dTosal^of r e c e iv in S> treating, stroring, disinfecting, distri-

sewage. ° buting or otherwise disposing of sewage, construct
any work within or without the city or purchase

or take on lease any land, building, engine, material
or apparatus either within or without the city or
enter into any arrangement with any person for
any period not exceeding five years for the removal
or disposal of sewage within or without the city ; 4

Provided that any such construction or arrange­

ment made without the city shall have to be made %
in consultation with the local authorities.

Alteration 234. The Commissioner may enlarge or alter

and discon­ the course of deepen, arch, over or otherwise improve
tinuance of any Municipal drain and may discontinue, close up
drains.

or destroy any such drain which has, in his opinion,
become useless or unnecessarv or prohibit the use
of any such drain either entirely or for the purpose
of foul water drainage or for the purpose of surface
drainage:

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, provide for his use some other drain

as effectual as the one which has been discontinued,
closed up or destroyed or the use of which has been
prohibited.

Provision of 235. The Corporation shall provide and

trines[C] and [m a] *n t a *n >n Pr o Pe r and convenient places a sufficient

urinals. ” number of public latrines and urinals and shall cause

the same to be kept clean and in proper order.

Provision 236. (1) The Commissioner may, by notice,

for drain, require the owner of any building or land to provide,

previes, etc.

move or remove any drain, privy, latrine, urinal,
obsroption pit, disposal work, cesspool, or other

receptacle for filth or refuse or provide any additional
drains, privies, latrines, urinals, absorption pits,

disposal works, cesspools or other receptacles as

aforesaid which should in his opinion be provided

for the building or land, in such manner and of
such pattern as the Commissioner may direct.


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(2) The Commissioner may, by notice require

any person employing more than twenty workmen
or labourers to provide such latrines and urinals

as he may think fit and to cause the same to be kept
in proper order and to be daily cleaned.

(3) The Commissioner may, by notice, require

the owner or the occupier of any building or land to
have any privy, latrine or urinal provided for the
same shut out by a sufficient roof and wall or fence
from the view of persons passing by or dwelling in
the neighbourhood or to remove or alter, as the

Commissioner may direct, any door or trapdoor or
other opening of a privy, latrine or urinal opening
on to any street or drain.

s

Repairs and 237. (1) The Commissioner may, by notice, re­

closing of quire the owner or occupier of any building or land to

drains, repair, alter or put in good order any private drain,

    - privies, pi ivy, latrine, urinal, absorption pit, disposal work,

a nnes, e c. cesS pOOj belonging thereto, or direct that such private

drain shall from such date as may be specified in

this behalf, be used offensive matter and sewage

only, and for rain-water and unpolluted sub-soil
water direct the occupier of the premises to make an
entirely distinct private drain.

(2) No drain connecting any premises with a muni­

cipal drain or other place set apart for the discharge
of drainage may be closed, discontinued or destroyed
by the Commissioner under sub-section (1), except on
condition of his providing another drain equally effec­
tual for the drainage of the premises and communi­
cating with such Municipal drain or other place afore­
said as the Commissioner thinks fit, and the expenses
of construction of any drain so provided by the Com­
missioner and of any work done under this section shall
be paid from the Municipal Fund.

Fewer of 238. The Commissioner may, by notice, require any

C»mmission-pe r s o n who may construct any new drain, privy,

_lih °_ l a t r ’n e , urinal, absorption pit, disposal work, cesspool

etc. or receptacle for filth or refuse without his permission
in writing or contrary to his directions or the provisions

of this Act, or the rules or bye-laws made thereunder
or who may construct, rebuild or open any drain,
privy, latrine, urinal, absorption pit, disposal 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, receptacle, or to make such alteration therein
###### as he may think fit.


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buildii^over °mmissioner may, by notice, require

drains^tc^[e r a n] y person who without his permission in Writing

has erected or rebuilt any building over any drain,
conduit, water-course, pumping main or water pipe
vested in the Corporation, to pull down or otherwise
deal with the same as the Commissioner may

think fit.

Removal of 240. (1) The Commissioner may, by notice,

war*[e] ’an[tC rc c]l [u] “ [c a n] y [o w n e r o r] occupier on whose land any

source drain, privy, latrine, urinal, absorption pit, disposal

water-supply .work, cesspool or other receptacle for fifth 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:

Provided that such owner or occupier shall be

entitled to reasonable compensation for such removal
or closure as maybe assessed by the Commissioner.

Discharging 241. No person shall without the permission of

sewage. the Commissioner [case or knowingly or negligently
allow the contents of any sink, cesspool or any other
offensive matter to how, drain or be put upon any
street or public place, or into any irrigation channel
or any drain not set apart for the purpose.

Making or 242. No person shall without the permission of

altering the Commissioner, make or cause to be made or alter

,[In]N*[11]4*v [ or cause to be altered, any drain, leading into any ]

ou au on y .^ drains vested in the Corporation.

Power to 243. The Commissioner may by notice, require        -

require re- the owner or occupier of any land or building to

moval of c ic a nse, repair, cover, fillup or drain off any private
arisTngCfrom well, tank, reservoir, pool, depression or excavation

tanks[8] and therein which may appear to the Commissioner to be       -

**th* like.** 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 :


-----

Provided further that if the owner or occupier

fails to comply with such notice within ten days, the
Commissioner may get the work done at the cost of

such owner or occupier as the case may be. Any
such cost may be recovered as an arrear of tax
under this Act.

New build- 244. No person shall erect or re-erect any bail­

ing not to be ding, any part of which is within one hundred feet of
o u T d lm s [a m u n] i[c] ip[a] ^ drain or of some place set apart by the

Commissioner for the discharge of drainage or 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) they have been provided for and set up in

such building and in the premises appurte­
nant thereto all such appliances and fit­

tings as may appear to the Commissioner
to be necessary for the purpose of gathering

and receiving the drainage from, and

conveying the same off the said building
and the said premises, and of effectually
flushing the drain of the said building and
every fixture connected therewith.

Power of 245. (1) If it appears to the Commissioner

owner of that only or most convenient means of water supply

premises to to, and drainage of, any premises is by placing or
place pipes carrying any pipe or drain over, under, along or across

and drains

the immovable property of another person, the Com-

through

land belong-tnissioner may, by an order in writing, authorise the

ing to other owner of the premises to place or carry such pipe or

persons. drain over, under, along or across such immovable

_j._ property :

Provided that before making any such order the

Commissioner shall give to the owner of the immovable

» property a reasonable opportunity of showing cause

within such time as may be fixed by bye-laws made
in this behalf as to why the order should not be
made:

Provided further that the owner of the premises

shall not acquire any right other than a right Of User
in the property over, under, along or across which
**any** such pipe or drain is placed or carried.


-----

(2) Upon the making of an order under sub­

section (1), the owner of the premises may, after
giving reasonable notice of his intention so to do,
enter upon the immovable property with assistants
and workmen at any time between sunrise and sunset
for the purpose of placing a pipe or drain over, under,
along or across such immovable property or for the
purpose of repairing the same.

(3) In placing or carrying a pipe or drain under

this section, as little damage as possible shall be done
to the immovable property and the owner of the
premises shall:—

(a) cause the pipe or drain to be placed or              -

carried with the least practicable delay ;

(b) fill in, reinstate and make good at his own

cost and with the least practicable delay, a,

any land opened, broken up or removed
for the purpose of placing or carrying

such pipe or drain ; and

(c) pay such compensation as may be assessed

by the Commissioner, to the owner of the
immovable property and to any other person
who sustains damage by reason of the
placing or carrying of such pipe or drain.

**(4)** If the owner of the immovable property,

over, under, along or across which a pipe or drain

**has** been placed or carried under this section whilst
such immovable property was not built upon, desires
to erect any building on such property, the Com­

missioner shall, by notice in writing, require the

owner of the premises to close, remove or divert the
**pipe** or drain **in** such manner as shall be approved
by him and to fill in, reinstate and make good the
immovable property as if the pipe or drain had not
been placed or carried over, under, along or across
**the same :**

Provided that no such requisition shall be made

unless in the opinion of the Commissioner it is necessary i

or exepedient for the construction of the proposed
building or the safe enjoyment thereof that the pipe
or drain should be closed, removed or diverted.

Obligation 246. Every owner of a drain connected with a

of owner or municipal drain or other place set apart by the
joint owner Commissioner for drainage shall be bound to allow

all0Wr a 'n t[he ] **[the ][use of it to other persons, or to admit other persons, ]**

uses of it to as joint owners, thereof, on such terms as may be
other. prescribed under section 248.


-----

143

How right 247. Any person d e s i r i n g to drain hi*

of use of a premises into a municipal drain through a drain of

drain may which he is not an owner may make a private arrange-

be obtained m e n t w jt fi the owner for permission to use his drain,

_other ^han” or may apply to the Commissioner for authority to use_
the owner, such drain,

Commis- 248. (1) Where the Commissioner is of

authoris?[a y] °P^[n] ’[o n] whether on receipt of an application or other-
person other wise, that the most convenient means by which the
than the owner or occupier of any premises can drain such

owner of a pr e m ises is through a drain belonging to some person
the tame o t1 1 e r than the said owner or occupier, the Commissioner

declare him shall, give the owner of the drain a reasonable

to be a joint opportunity of stating his objection thereto, and if
user there- n o objection is raised or if the objection appears to
° ' him invalid or insufficient, may, by an order in writing
authorise the said owner or occupier to use the drain or
declare the said user to be a joint 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 responsibili­
ties of the parties for maintaining, repairing, flushing
and clearing the joint drain.

(2) In respect of the execution of any work

under sub-section (1) the person in whose favour the
Commissioner’s order is made shall be subject to the
same restriction and liabilities as are specified in sub­
section (4) of section 245

Power to 249. (1) If it appears to the Commissioner

drain group that any group or block of premises may be drained
of pre- [m o r e] economically or advantageously in combination

tnirei by than separately, and a municipal drain of sufficient

combined size already exists or is about to be constructed within

operation. one hundred feet of any part of that group or block of
premises, the Commissioner may cause that group or
block of premises to be drained by a combined ope­
ration.

(2) The expenses incurred in carrying out any

work under sub-section (1) in respect of any group or
block of premises shall be paid by the owners of such
premises in such proportions as the Commissioner may
determine and shall be recoverable from them as an
arrear of tax under this Act.

(3) Not less than fifteen days before any such

work is commenced, the Commissioner shall give to
each such ow ner-

fa) a written notice of the nature of the pro­

posed work, and


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144

(b) an estimate of the expenses to be incurred

in respect thereof and of the proportion
of such expenses payable by him,

(4) The Commissioner may require the owners

**of such group or block of premises to maintain the**
work executed under this section.

Connecting 250. (1) In the case of premises abutting on a

drains to be public street blocking and disconnecting a municipal
constructed drain, the Commissioner shall construct such connecting
p-ns^of ow-^[r a i n s ] a t the expense of the owner of the said

ners of pIc .premises*
raises.

(2) The connecting drain mentioned in sub­

section (1) shall vest in the Corporation and be
maintained and kept repaired by the Commis­

sioner 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 owner of such premises;

(b) be maintained and kept in repair by the

owner or occupier of such premises; and

(c) be from time to time flushed, cleansed and

emptied under the order of the Commis­
sioner at the cost of the Municipal Fuad:

Provided that, where several premises are drained

in commsn under the last preceding section, such
remainder shall vest in the owners jointly and the
cost of maintenance and repair thereof shall be dis­
tributed in the same proportions as are fixed by

Commissioner under the said section.

»

Commis-[0] 251. For the purpose of ventilating any drain

sioner to affix or cesspool, whether vested in the Corporation or not,
shafts for the Commissioner may, in accordance with **bye-laws**

ventilation of m a c je jn behalf, erect upon any premises **or affix**

pTMin or cess- o u [t]s [ide of any building or to any tree any such]

shaft or pipe as may appear to him to be necessary.

Right of Cor" 252 All drains and fittings thereof constructed

poration to o r **s** **[’etup ][at the cost of the Municipal Fund shall ]** **[vest]**

Corporation.

**cost** **of**

**Municipal**

**Fund.**


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_J -_ SANlTARYgPROVISIONS

_U-'[;]_

Regulation of Public Bathing, W ashing, etc.

Constructioa 253. (1) The Commissioner may from time **to**
of place» for

time—

public bath­
ing, etc. (a) set apart suitable places for use by the

public for bathing, or for washing animals,
or for washing ;

(b) specify the times at which and the sex cf

persons by whom such places may be used;
and

(c) prohibit, by public notice, the use by the

public, for any of the said purposes, of any
place not so set apart.

(2) The Commissioner may charge such fees **as**

the Corporation may fix for the use of any such place
by any specified class or classes of persons or by the
public generally.

Prohibition 254. No person shall—
of pollution

of water by
steeping ani­ (a) steep in arty tank, reservoir, stream, well or
mals or other ditch, any animal, vegetable or mineral
maltters, etc. matter likely to render the water thereof

offensive or dangerous to health ;

(b) whilst suffering from contagious, infections

or dangerous disease, bathe in or near any
bathing-platform, lake, tank, reservoir,

fountain, cistern, duct, standpipe, stream or

Prohibition well.

of washing 255. (1) The Commissioner may, by public
of cloth.

notice, prohibit the washing of clothes by washermen
in the 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.

(2) The Commissioner shall provide suitable

place for the exercise of their calling by washermen
and may require the payment of such fees for the **use**
of any such place as the Corporation may from time to

#### * time determine.

G eneral provision w ith reference **to drainage**

w ater supply and w ater and other **m ains**

Joint and

several lia- 256. If any offence relating to -         - water supply . _- -_ _'_ **is,t**
bility of committed under this Act on any premises connected

owners and w jth the municipal water-works, the owner, the

occupiers p e r s o n primarily liable for the payment of the water
,°[r] r eiation [t a x] >[a n] d [t h e] occupiers of the said premises shall be

to water jointly and severally liable for such offence.

supply.


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Lca]’1t e p r a c -i‘ 257. (1) In carrying out the duties imposed on

sance to'b'e [t] ^i e Corporation by clauses (1) and (3) of section 7 or

caused. exercising the powers conferred upon it by sections
231, 232, 233, 238, 251, 269 and 270 the Corporation
shall not cause any nuisance which in the circum­
stances 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.

Power of 258. Subject to the provisions of any law for the

carrying t [j]m e [being ] force the Commissioner may carry any

dratas [P] etc.[S]’ [c a] ble, wire, pipe, drain or channel of any kind re­

quired 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 outside 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 or maintaining
any such cable, wire, pipe, drain, channel, post, pole,

standard, bracket or other similar contrivance in an

effective state for the purpose for which it is intended
to be used or for removing the same.

Provision as 259. In the event of any cable, wire, pipe,

sw ir oSr[’ drain ] [or channel being laid or carried above the surface ]

drains laid of any land or through, over or up the side of any buil-          -

or carried ding, such cable, wire, pipe, drain, sewer or channel,
above sur- g s t []]l e c a s e be, shall be so laid or carried as to

f a c e i c [<5°][f] interfere as little as possible with the rights of the

g r0im ’ owner or occupier to the due enjoyment of such land j

or building and reasonable compensation shall be paid

in respect of any substantial interference with any
such right to such enjoyment.

Previous no­ 260. Except in cases to which sections 270 and 271

tice to be
given. relate the Commissioner shall cause not less than

fourteen days notice in writing to be given to the
owner or occupier before commencing operations
under section 258.


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5»nnection 261. No person shall, without the permission

with the of the Commissioner at any time, make or cause to be

main not to made, any connection or communication with any
withoutthe [c a] ^ [e] » [w i r e]      - pipe, ferrule, drain or channel constructed

permission o r maintained by or vested in the Corporation, for

of Commis- any purpose whatsoever.

sioner.

262. The ferrules, communication-pipes, connec­

Communi-

tions, meters, stand-pipes and all fittings thereon or

Cconnectk>nd connected therewith, leading from mains

or service

etc., to be cables, wires, pipes, drains or channels into any such

executed sub- house or within the limits of any such land shall in

J tio n ^ S T d " c a s e s ’ o t ''i e r than cases which the Government may

to the satfe- general or special order exempt from the opera­

faction of ft[011] °f this section, be executed to the satisfaction

Commis- of the Commissioner.
sioner.

263. (1) The Commissioner may, by notice re­

Tro ughs qm [r e] the owner of any building or land in any street to

and pipes for P[u t] up and keep in good condition proper

rainwater, troughs and pipes for receiving and carrying water and

sullage from the land or building and for dischar ging the
same so as not to inconvenience persons passing along
the street.

(2) For the purpose of efficiently draining any

building or land the Commissioner may by notice in

writing—

(a) require any courtyard, alley or passage bet­

ween two or more buildings to be paved
by the owner or part owner of such buil­
dings with such materials and in such

manner as may be approved by the Com­
missioner ; and

(b) require such paving to be kept in proper

repair.

Power of 264. Any municipal sewage or drainage scheme

acess to or any municipal water-works may be inspected by a

the Government in this
water works [person appointed by ]

           - behalf. The Commissioner or any such person

appointed by Government 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

drainage or sewage scheme or such water­

works in whomsoever such land may vest; and

(b) after giving not less than four days written

notice to the occupiers, cause to be convey­
ed into and through any such land all

necessary men, materials, tools and im ­

plements.


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**Compenia-** 265. If in the exercise of any of the powers
**tion f o r** conferred by section 251 or 257, any damage is caused
**damage.** which in the circumstances could reasonably have been

avoided, the Corporation shall pay compensation for
the damage caused as may be assessed by the Com­
missioner.

**Work to be** 266. (1) No person other than a licensed

don* by plumber shall execute any work pertaining to water

lumber, supply, drainage and sewerage disposal as described

in this part and no person shall permit any such

work to be executed except by a licensed plumber s

Provided that if, in the opinion of the Commis­

sioner the work is of a trivial nature, he may grant <

permission in writing for the execution of such work
by a person other than a licensed plumber.

(2) Every person who employs a licensed »

plumber to execute any work shall, when so requir­
ed, furnish to the Commissioner the name of such
plumber.

(3) When any work is executed except in

accordance with the provisions of sub-section (1), such
work shall be liable to be dismantled at the discre­
tion of the Commissioner without prejudice to the
right of the Corporation to prosecute under this Act
the person at whose instance such work has been
executed.

(4) The Corporation may make bye-laws for the

guidance of licensed plumbers and a copy of all such
bye-laws shall be attached to every license granted

to a plumber by the Corporation.

(5) The Standing Committee may, from time to

time, fix the charges to be paid to licensed plumbers

for any work done by them under or for any of the
purposes of this part.

(6) No licensed plumber shall, for any work

referred to in sub-section (5), demand or receive

more than the charges fixed therefor under that sub­
section.

Ceatrol by 267. In dealing with municipal drainage,         -

tb             - G ° T sewage, and water-works schemes, the Commissioner

Standing shall follow the general principles laid down by the

Committee. Corporation, with the approval of the Government,

for any scheme of sewage or drainage or waterworks
and may refer to the Corporation any question

connected with the carrying out of such a scheme
in which the intention of the Corporation does not
appear to have been clearly expressed, or in which
the provisions of the scheme appear to him to require
modification by the Corporation :


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Provided that any question involving the expendi­

ture of a sum exceeding one lakh of rupees shall be
referred to the Corporation for orders.

Control by 268. No drainage or sewage or waterworks

Government scheme involving an expenditure of a sum. of twenty

lakhs of rupees or more shall be sanctioned by the
Corporation without the previous approval of the
Government.

Conservancy

Deposit o[f] 269. (1) The Commissioner shall provide or appoint

rubbish, in proper and convenient situations, public receptacles,

r m atters' depots and places for the temporary deposit or

sewage and final disposal of rubbish, offensive matters, sewage

carcasses. 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
bo the property of the Corporation.

Collection 27O. The Commissioner may give public

and removal n 0 (-ic e that die collection and the removal of sewage,
o sewage, offensive matter and rubbish from the iands and buil­
dings in any portion of the city will be undertaken
by municipal agency, and he shall then forthwith
take measures for the due collection and removal

of such matter from any lands and buildings situated
in the said portion of the city.

Collection 271- (1) The Commissioner may, by public notice

and tempo- direct that all rubbish and offensive matter

d ^"accum ulating in any premises, in any street or quarter

rubbish and °f the city specified in the notice, shall be collected

offensive by the occupier of such premises and deposited in a

matter by box, basket or other receptacle, of a kind prescribed

# occupiers of c o r po r a tiOn, to be provided by such occupier

premises. kept the e n t r a r i c e to, or where open space

is available, within the premises.

*• (2) The Commissioner may cause public dustbins

or other convenient receptacles to be provided at
suitable intervals and in proper and convenient situa­
tions 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 accumulating in
any premises, the entrance to which is situated

within fifty yards of any such receptacle, shall be
collected by the occupier of such premises and

deposited in such receptacle.


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(3) The Commissioner, may, by public notice

direct that all rubbish and offensive matter accu­

mulating in any premises in any street or quarter
in respect of which no notice issued under sub­
section (1) or sub-section (2) is for the time being
in force, shall be collected by the occupier of such
premises and deposited in lump in the street on

which such premises abut or in some portion oi such
premises.

(4) In any notice issued under any of the

foregoing sub-sections the Commissioner shall fix

the hours within which rubbish and offensive matter
shall be deposited under this section.

(5) The Commissioner may, by public notice,

direct that sweepers privately employed for removal of
sewage, rubbish or offensive matter shall remove
the same in proper receptacles of a type to be

approved by him in such manner as not to cause
any unnecessary nuisance to passers-by in the

street.

**Prohibition** 272. No person—•
**of accumula­**
**tions of offen­** (a) shall throw or place any rubbish,
**sive matter.**

offensive matter or sewage on any street

or in any place not provided or appointed
for the purposes under the provisions of
this Act; and

(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 a nuisance to any person or

negligently suffer any receptacle or place
for the deposit of offensive matter or

rubbish, on his premises to be in such a
state as to be offensive or injurious

###### to health.

 Regulation of Factories and Trades

**factory, etc.,** **273.** (1) No person shall, without the previous

**established** permission in writing of the Commissioner, establish
**without per-** in any premises or materially alter, enlarge or extend
**mission of** any factory, workshop or trade premises in which
**the Gommis- j(- ;s** intended to employ steam, electricity, water or

noner. other mechanical power.


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151

(2) The Commissioner may refuse to give such

permission if he is of the opinion that the establish­
ment, alteration, enlargement or extension of such
factory, workshop or trade premises, in the proposed
position would be objectionable by reason of the
density of the population of the neighbourhood
thereof, or would be a nuisance to the inhabitants
of the neighbourhood.

(3) The Commissioner may, if he is of

opinion that the existence of such factory,

workshop or trade premises in any place is objection­
able by reason of the density of the population of the
neighbourhoodj thereof, or is a nuisance to the

inhabitants of the neighbourhood, direct that the

factory, workshop or trade premises be shifted to

any other place suitable for the purpose :

Provided that the cost of such shifting shall be

borne by the Corporation.

guktTon of' 274. (1) Whenever it appears to ■ the Com-

factories, missioner that any factory, workshop or work place

etc. or a building or place in which steam, water or other
mechanical power is employed, is not kept in a clean
state or is not ventilated in such a manner as to
render harmless as far as practicable, any gas,

vapour, soot or other impurity generated in the
course of the work carried on therein as to be

dangerous or injurious to the health of the person
employed 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 there­
with as he shall think fit.

(2) Nothing in this section shall be deemed to

affect any provision of the Indian Boilers Act, 1923,
and nothing in this section regulating the fixing or
fencing of any machinery shall apply to any factory
subject to the provisions of the Indian Factories Act,

1948.

Regulation 275. Except in accordance with the provisions of

rous a"nd [t h] ’"s A c t        - [n o] P[e r s o n] shall —

offensive

trades. (a ) s to r e o r keep in any premises any articles

which are prescribed as dangerous or
offensive, or as being, or likely to be a
nuisance to the public, or dangerous

**to life, health or property ;** **or**


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152

(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) carry on or allow to be carried on in any

premises any trade, manufacturing

industry or operation which is prescribed

as dangerous to life, health or property

or is likely to create nuisance, either

from its nature or by reason of the

manner in which or the conditions under
which the same may be carried o n ;

Provided that nothing in this section shall

affect the provisions of the Indian Explosives Act,

1884 or Indian Petroleum Act, 1934.

Premises not 276. (1) No person shall use or permit to be used

to be used any premises for any of the following purposes

for certain without or otherwise than in conformity with the
wUhcut’ terms of a licence granted by the Commissioner in

licence. this behalf, namely:—

(a) carrying on within the city the trade or

operation of a farrier/furrier ;

(b) keeping in or upon any premises, for any

purpose whatever any prescribed articles
in excess of the quantity which the Cor­
poration may by bye-law prescribe as the
maximum quantity of such article which
may at any one time be kept in or upon
the same premises without a licence ;

fc) keeping in or upon any premises- except

for domestic use any prescribed articles ;

(d) keeping horses, cattle or other four-footed

animals for sale or hire or for sale of the
produce thereof, or for any purpose for

which any charge or remuneration is made
or received ;

(e) carrying on any of the prescribed trades or

operations connected therewith, or . any

trade or operation which in the opinion
of the Commissioner is dangerous to life,
health or property, or is likely to create a
nuisance either from its nature or by

reasons of the manner in which, or the
conditions under which the same may

**be carried on.**


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_Explanation I:—A person shall be deemed_ **to have**

known that a trade or operation is dangerous **or**
likely to create a nuisance within the meaning **of**
this section after written notice to that **effect**

signed by the Commissioner has been served **on**

such person or affixed to the premises to which it
relates.

_Explanation II:—A person shall be deemed_ **to**

carry on a trade or operation or to allow it to **be**
carried on within the meaning of this section

if he does any act in furtherance of such trade

F or is in any way engaged or concerned

therein as principal, agent, employer or employee
or in any other similar capacity.

(2) It shall be in the discretion of the Com­

missioner to grant a licence for any of the purposes
referred to in sub-section (i) subject to such restric­
tions or conditions as he may think fit to prescribe
or to refuse to grant such licence.

**(3)** Every person to whom a licence is **granted**

**by** the Commissioner under sub-section ^2) shall keep
such licence in or upon the premises, if any **to**
which it relates.

Prohibition 277. (1) No person engagedrin any prescribed

of pollution trade or manufacture shall —

of ws er by
chemicals
ctc<

(a) wilfully cause or suffer to be brought **to**

or flow into any lake, river or stream,

tank, reservoir, cistern, well, duct **or other**
places within the city or into any **drain or**
pipe communicating **therewith, any wash­**
ing or other substance produced in **the**
course of such trade or manufacture **as**
aforesaid ; or

(b) wilfully do any act connected with **any**

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 polluted.


-----

154

(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 such
manufacture or trade as is referred to in sub­
section (1) the Commissioner may let open md examine
the said works, pipes or conduits, and if upon such

examination, it shall appear that the provisions
of sub-section (1) have been contravened by reason
of anything contained in or proceeding from the
said works, pipes or conduits, the expenses incur­
red in laying open and examining them and in adopt­
ing any other measure which the Commissioner
considers necessary for removing the cause of such
contravention shall be paid by the owner of the said
works, pipes, or conduits, or by the person who has
the management or control thereof or through whose
neglect or fault the contravention has occurred.
If it appears that there has been no such contra­
vention, the said expenses and also compensation
for any damage occasioned by such laying open and
examination shall be paid by the Commissioner.

of "premises 278. (1) Subject to the bye-laws made by the

used for Ma- Corporation in this behalf, the Commissioner at any
nufactu res, time, by day or by night and without notice, enter

e tc ‘ into or open any premises used for any of the pur­

poses mentioned in section 276 or upon any premi­
ses in which a furnace is employed for the purpose of
any trade or manufature, or into any bakery, in
order to satisfy himself that there is no contravention
of any provision of this Act or any rule or bye-law
made thereunder or any condition of any licence
granted under this Act, or that no nuisance is being
created upon such premises.

(2) No claim 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 effecting such entry:

Provided that force shall not be used for

effecting an entry, unless there is reason to believe
that an offence is being committed against some

provisions of this Act or some rules made

thereunder.

Prevention of D angerous D iseases

giveinformal 2 7 9 ‘ A n y P“r s o n b e i n ? i n c h arge of, or in

tion of dan- [a t t] endence, whether as a medical practitioner or other-
gerous di. wise, upon, any person whom he knows or has reason

casess. co believe to be suffering from a dangerous disease,

or being the owner, lessee, or occupier of any

building in which he knows that any such person is

so suffering shall forthwith give information

suspecting the[s]existence of such disease to the Medical
Officer of Health.


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^ P o w e r of 280. The Medical Officer of Health, or any

Officer[31] of o t ^ e r municipal employee authorised by him in this

Health to behalf, may at any time by day or by night, without

inspect places notice, or after giving such notice of his intention
and take me- a s m ay, in the circumstances appear to him

ventVpread"[t o] reasonable, inspect any place in which any

of dangerous dangerous diseaseis reported or suspected to exist,
disease. and take such measure as he may think fit to pre­
vent the spread of the said disease beyond such

place.

Prohibition of 281. (1) If it appears to the Medical Officer

use for drink- o f Health that the water in any well, tank or other
other "do n* P^[a c e] ’[8] likely, if used for the purpose of drinking or

estic purpo­ for any ether domestic purpose, to endanger or

se of water cause the spread of any dangerous disease, he may

likely to by public notice, prohibit the removal or use of the

cause dan- said water for such purpose.

« g e r o u i
disease.

(2) No person shall remove or use for such pur-

pose any water in respect of which any such public
notice has been issued.

Po wer of 282. (1) When, in the opinion of the Medi­

Medical cal Officer of Health, any person is suffering from a

Officer of dangerous disease and is also without proper lodging

Health to

e t [, or accommodation, or is lodged in such a manner]

ient tohospi- that he cannot be effectually isolated so as to prevent
tai in cer- the spread of infection, and the said officer considers

tain cases, 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 berne
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 from
the portion assigned to males.

(2) The person, if any, who nas charge of a

person in respect of whom an order is made under

sub-section (1) shall obey such order.

(3) The Corporation shall, if required by the

Government erect an infectious diseases hospital of

such type and dimension as the Government may
direct.


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**#ower** ***f** 283. (1) If the Medical Officer of Health or

**Medical** any municipal employee authorised by him in this be­

**Officer of** half, is of opinion that the cleansing or disinfecting of
**Health ta**
**diiiafect** any building or any part of a building, or any
**building,** article therein which is likely to retain infection, or

**I ank, pool** of any tank, pool or well adjacent to a building,

**or well.** should tend to prevent or check the spread of any

dangerous disease, he may cause to be cleaned or
disinfected such building or part thereof, 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 maybe specified 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 be
paid by the person in actual possession of such tank,
pool or well or if there be no such person by the owner,
thereof:

Provided that if, in the opinion of the Com­

missioner, the owner or occupier is due to

poverty unable to pay the said cost, the Commis­
sioner may direct payment thereof to be made from
the Municipal Fund.

284. (1) If the Medical Officer of Health is of

' opinion that the destruction of any hut or shed is

**_Officer of_** necessary to prevent the spread of any dangerous
**Health** to disease, he may after giving to the owner or occupier
**destroy huts** of such hut or shed such previous notice of his
i nd ihede. intention as may in the circumstances of the case
appear to him reasonable, take measures for having
such hut or shed and all the materials thereof
destroyed.

(2) Compensation not exceeding the value of

the hut as may be assessed by the Commissioner,
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 or compensation shall lie for any loss or

damage caused by any exercise of the powers confer-

               - ed by sub-section (1).

infected bull- , ,, , . . . .
**ding not. to** 285. No person shall let a building or any part

**be let with thereof in** which he knows or has reason to

tat ^'dis- know that a person has been suffering from a dangerous

**infect erf,** disease,


-----

(a) unless the Medical Officer of Health has

disinfected the same and has granted a

certificate to that effect ; and

(b) until a date is specified in such certificate

on which the building or part may

be occupied without causing risk or

infection.

_Explanation :—_ For the purpose of this section the

keeper of a hotel or an inn shall be deemed to have

let part of his building to any person accommo­

dated therein.

Provision of 286. (1) The Corporation may provide a place

pl-cc for o r [ p]]a c [es with all necessary apparatus and establish- ]

washinp'[011]’ r a e n t ^o r t ^le disinfection of conveyances, clothings,

destruction beddings or other articles which have become

of infected infected or suspected to have become infected and

articles and w ]i e n a n y article have been brought to any such

P C^e r n[,is_ place for ] disinfection, shall cause them to be

son r to disinfected either,—

dissmfect or free o f charge ; or

sucharti- O’) *n *t s discretion, on payment of **such fees**

cies. as it may from time to time fix in this

behalf.

(2) The Corporation may from time to time, by

public notice appoint a place or places at which
conveyances, clothings, beddings 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 place not so

appointed.

(3) The Medical Officer of Health or any person

authorised by him in this behalf, may disinfect or
destroy, or by written notice direct the disinfection
**or destruction of any clothings, beddings or** **other**
articles likely to retain infection.

Ki

(4) The Commissioner shall pay such com­

pensation as may appear to him reasonable for any
article destroyed under sub-section (3) and his decision

shall be final.

Infected a r t[j. 287. (1) No person shall, without previous disinfec- ]

cles not to tion of the same, give, lend, sell, transmit or
1be transmit- otherwise dispose of any article which he knows or

without ted, ted, ' etc. h a s r c a s o n t 0 kn o w has been exposed to infection

previous from any dangerous disease.
djiinfection.


-----

(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.

Restricticn 288. (1) No person who is suffering from a

on carriage dangerous disease shall enter or cause or permit

       - patients himself to be carried in, a public conveyance, nor
body in shall [a n] Y [o t h e r] person knowingly cause or permit

public con- a person in his charge and suffering from a dange-

veyance. rous 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 is so suffering, and

(b) taking proper precautions against spread­

ing of such disease.

(2) Notwithstanding anything ■ contained in any

enactment relating to public conveyances 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 such conveyance unless payment
or tender of sufficient compensation for the loss and
expenses he must incur in disinfecting such convey­
**ance** is first of all made to him.

(3) No owner, driver or person in-charge of a

public conveyance shall knowingly carry or permit
to be carried in such conveyance any person suffer­
ing as aforesaid or any such dead body in contraven­
tion of sub-section (1).

Disinfection 289. (1) The owner, driver or person incharge

of public o [j- ] a n [y public conveyance in which any person ]

after'VarH- suffering from a dangerous disease or the dead body
age of pa- of any person who has died from such disease has
tient or dead bc e n carried, shall immediately take the conveyance
body. for disinfection to a place appointed under sub-section

(1) of Section 286.


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159

(2) The person in-charge of such place shall forth­

with intimate to the Medical Officer of Health the
number of the conveyance and proceed to disinfect
the conveyance.

(3) No such conveyance shall be used until the

Medical Officer of Health has granted a certificate

stating that it may be used without causing risk of
infection.

Power of 290. (1) The Corporation may provide and

Corporation rQ a [|] n t a [|] n s u [i^]a [ble conveyances for the free carriage of ]

special con- persons suffering from any dangerous disease or of the
veyance for dead bodies of persons who have died from any such

(2) When such conveyances have been provided

it shall not be lawful without the sanction of the

Medical Officer of Health, 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.

Prohibition
of making or 291. No person while suffering from, or in

selling oi c ir c u nis tances in which he i3 likely to spread, anv

washing of dangerous disease, shall—

clothes by
infected per­

sons.

(a) make, carry or offer for sale or take any

part in the business of making, carrying

or offering for sale, any article of food or
drink or any medicine or drug for human

consumption, or any article, clothing or
bedding for personal use or wear, or

(b) take any part in the business of the wash­

ing or carrying of cloths.

Power to res- . .
trict or pro- 292. When the city or any part thereof is visited

food1or drink[o r] threatened by an outbreak of any dangerous

‘disease, the Commissioner, may by public notice,
restrict in such manner or prohibit for such period as
may be specified in the notice, the sale or preparation
of any article of food or drink for human consumption
specified in the notice or the sale of any fish or
flesh of any animals or birds so specified.


-----

sure'in™[63]* 293. (1) Tn the event of the city or any part

r outbreak thereof being visited or threatened by an outbreak of

of dangerous any dangerous disease among the inhabitants thereof

or epidemic or of any epidemic disease among any animals therein,
diseases. the Commissioner if he thinks that the other

provisions of this Act and the provisions of any other
law for the time being in force are in sufficient for the
purpose, may, with the previous sanction of the
Corporation—

(a) take such special measures ; and

(b) by public notice, give such directions to be

observed by the public or by any class or
section of the public, as he thinks necessary
to prevent the outbreak or spread of the

di sease:

Provided that where in the opinion of the Com­

missioner immediate measures are necessary, he may
take action without such sa nction as aforesaid and if he
does so, shall forthwith report such action to the
Corporation.

(2) No person shall commit a breach of any

direction given under sub-section (1) and if he does so

he shall be deemed to have committed an offence under
Section 188 of the Indian Penal Code (45 of 1860).

**Burning or Burial grounds**

Power to call 294. The Commissioner, may, by notice in

for informa- writing require the owner or person in-charge of any
tion regard. b u r n ing or burial ground to supply such information

and [b] burial [a s ] m a Y be specified in the notice concerning the

l i t [und. ] condition, management, or position of such ground.

S ’

Permission 295. (1) No place which has not been used

for use of as a burning or burial ground before the commence-

new burning m e n t o f this Act shall be so used without the permis­

ground [Unf]* [s] *o n in writing of the Commissioner.

(2) Such permission may be granted subject to

any conditions which the Commissioner may think fit
to impose for the purpose of preventing any annoy­
ance to, or danger to the health of, any person resid.
ing in the neighbourhood.


-----

296. (1) Where the Commissioner, after making

Power to or causing to be made local enquiry is of opinion that
require clo­

any burning or burial ground has' become offensive

sing of any
burning or to, or dangerous, to the health of person residing
b u r ia l in the neighbourhood, he may, with the previous
ground. sanction of the Standing Committee, by notice in

writing, require the owner, or person in charge of
such ground to close the same from such date as may
be specified in the notice.

(2) No corpses shall be burnt or buried at the

burning or burial ground in respect of which a notice
has been issued under this section.

Provision 297. If the existing places of the disposal of

°[aces [D]for d[e a] d appear to the Corporation at any time to be in­
disposal of sufficient it shall provide other fit and convenient
dead. places for the disposal of the dead either within or

without city :

Provided that all such places shall be managed

or approved by the Corporation.

**D isposal o f Dead** **Anim als**

298. (1) Whenever any animal under charge of any

Disposal of
dead ani­ person dies, the person in charge thereof shall within

mals. twenty-four hours either—

(a) convey the carcass to a place provided or

appointed for the final disposal of the
carcasses of death animals ; or

(b) give notice of the death to the Commis­

sioner or any other officer appointed for
the purpose, whereupon he shall cause

the carcass to be disposed of.

(2) In respect of the disposal of the carcass of

< dead animal under clause (b) of sub-scction

(1) the Commissioner may charge such fee as he may
by public notice specify-

**CHAPTER XXII**

PUBLIC SAFETY AND SUPPRESSION OF

NUISANCES

**,** **Nuisance**

. . . 299. (1) No person shall—■
Prohibition ' '

nuisance.

„ (a) in any public street or public place—

(i) ease himself ; or

(ii) loiter, or beg importunately, for alms ;

or


-----

296. (1) Where the Commissioner, after making

Power to or causing to be made local enquiry is of opinion that
require clo­

any burning or burial ground has' become offensive

sing of any
burning or to, or dangerous, to the health of person residing
b u r ia l in the neighbourhood, he may, with the previous
ground. sanction of the Standing Committee, by notice in

writing, require the owner, or person in charge of
such ground to close the same from such date as may
be specified in the notice.

(2) No corpses shall be burnt or buried at the

burning or burial ground in respect of which a notice
has been issued under this section.

Provision 297. If the existing places of the disposal of

°[aces [D]for d[e a] d appear to the Corporation at any time to be in­
disposal of sufficient it shall provide other fit and convenient
dead. places for the disposal of the dead either within or

without city :

Provided that all such places shall be managed

or approved by the Corporation.

**D isposal o f Dead** **Anim als**

298. (1) Whenever any animal under charge of any

Disposal of
dead ani­ person dies, the person in charge thereof shall within

mals. twenty-four hours either—

(a) convey the carcass to a place provided or

appointed for the final disposal of the
carcasses of death animals ; or

(b) give notice of the death to the Commis­

sioner or any other officer appointed for
the purpose, whereupon he shall cause

the carcass to be disposed of.

(2) In respect of the disposal of the carcass of

< dead animal under clause (b) of sub-scction

(1) the Commissioner may charge such fee as he may
by public notice specify-

**CHAPTER XXII**

PUBLIC SAFETY AND SUPPRESSION OF

NUISANCES

**,** **Nuisance**

. . . 299. (1) No person shall—■
Prohibition ' '

nuisance.

„ (a) in any public street or public place—

(i) ease himself ; or

(ii) loiter, or beg importunately, for alms ;

or


-----

(iii) expose or exhibit, with the object of

exciting charity, any deformity or

disease or any offensive sore or

wound; or

(iv) carry meat exposed to public view ;

or

(v) picket animals, or collect carts ; or

(vi) being engaged in the removal of

rubbish, filth or other polluted and

obnoxious matter wilfully or

negligently permit any portion

thereof to spill or fall, or neglect

to sweep away or otherwise effec­

tually to remove any portion

thereof which may spill or fall in

such street or place ; or

(vii) without proper authority affix upon

any building, monument, post, wall,

fence, tree or other thing, any bill,

notice or other document; or

(viii) without proper authority deface or

write upon or otherwise mark any

building, monument, post, wall, fence,
tree or other thing ; or

(ix) without proper authority remove,

destroy deface or otherwise obli­

terate any notice or other docu­

ment put up or exhibited under

this Act or the rules or bye-laws

made thereunder; or

(x) without proper authority displace,

damage, make any alteration in,

or otherwise interfere with the

pavement, gutter, storm water-drain,

flags or other materials of any

such street, or any lamp bracket,

direction, post, hydrant or water­

pipe maintained by the Corporation

in any such street or place or

extinguish a public light ; or

(xi) carry rubbish, filth or other polluted

and obnoxious matter at any hour

prohibited by the Commissioner by

public notice, or in any pattern of

cart or receptable, which has not been
approved for the purpose by the Com­
missioner or fail to close such cart or
receptable when in use ; or


-----

(b) carry rubbish, filth or other polluted and

obnoxious matter along any route in con­
travention of any prohibition made in
this behalf by the Commissioner by public
notice ; or

(c) deposit, or cause or permit to be deposited

earth or materials of any description or
any rubbish or polluted and obnoxious

matter in any place not intended for the
purpose in any public street or public place
or waste or unoccupied land under the

management of the Corporation ; or

(d) make any grave or burn or bury any corpse

at any place not set apart for such

purpose ; or

(e) at any time or place at which the same has

been prohibited by the Commissioner by
public or special notice, beat a drum or

tom-tom, or blow a horn or trumpet, or
beat any utensil, or sound any brass or
other instrument, or play any music ; or

(f) disturb, the public peace or others by sin­

ging, screaming or shouting, or by using
any apparatus for amplifying or reproducing
the human voice, such as a magaphone or
a loudspeaker ; or

(g) let lose any animal so as to cause, or negli­

gently allow any animal to cause injury,

danger, alarm or annoyance to any person ;
or

(h) save with the written permission of the

Commissioner or the Medical Officer of
Health as the case may be and in such
manner as he may authorise, store or use
night-soil, cow-dung, manure, rubbish or
any other substance emiting an offensive
smell; or

(i) use or permit to be used as a latrine any

place not intended for that purpose.

(2) Every person shall take all reasonable means

to prevent every child under the age of twelve years
being in his charge from easing himself in any public
street or public place.

(3) The owner or keeper of any animal

shall not allow it straying in a public street or public
place without a keeper.

(4) Any animal found straying as aforesaid may

be removed by an officer or employee of the Corpo­
ration or by any police officer to a pound.


-----

**Power** of 300. Where the Commissioner or the Medical

Senmission- Qff]c e r o [f Health is of opinion that there is a ]

rwnova^or'[n u] ’[s a n c c o n a n] Y l[a n] d [o r] building, he may by notice

**abatement** in writing, require the person by whose act, default
**ofn»i»ance.** or sufferance the nuisance arises or continues or

the owner, lessee or occupier of the land or building,
or any one or more of these persons to

remove or abate the nuisance by taking such

measures in such manner and within such period as
may be specified in the notice.

**Dogs**

**Registration** 301. (1) The Corporation may by bye-laws           -

**aad control** **m a c** **[e** jn this behalf—
**of dogs.**

(a) require the registration, by the registra-

tion authority appointed by the Com­
missioner in this behalf of all dogs, kept

within the city ;

(b) require that every registered dog shall

-; wear a collar to which shall be attached a
metal token to be issued by the registra­
tion authority;

**(c)** fix the fee payable for the issue of metal

token referred to in (b) above;

(d) require that any dog which has not been

registered or which is not wearing such

token shall, if found in any public place,
be detained at a place set apart for the

purpose ; and

**(e)** fix the fee which shall be charged for such

detention and provide that any such dog
shall be liable to be destroyed or other­
wise disposed of unless it is claimed and
the fee in respect thereof is paid within
one week.

**v** **■■ <** **V** **<**

; (2) The Commissioner may—

**(a)** cause to be destroyed or to be confined

for such period as he may direct, any
dog or other animal which is, or is
reasonably suspected to be, suffering

from rabies, or which ha been bitten

by any dog or other animal suffering or
suspected to be suffering from rabies; and


-----

(b) by public notice direct, that after such

date as may be specified in the notice,
dogs which are without collars or without
marks distinguishing them as private

property and are found straying on the
streets or beyond the enclosures of the
houses of their owners if any, may be
destroyed and cause them to be destroyed
accordingly.

(3) No damages shall be payable in respect of

any dog or other animal destroyed or otherwise dis-
posed of under this section.

» (4) No one, being the owner or person in

charge of any dog, shall allow it to be at large in
any public street or public place without being

muzzled and,, without being secured by a chain in

» any case in which—

(a) he knows that the dog is likely to annoy

or intimidate any person ; or

(b) the Commissioner has, by public notice

during the prevalence of rabies, directed
that dogs shall not be at large without
muzzles and chain leads.

(5) No one shall—

(a) allow any ferocious dog which belongs to

him or is in his charge to be at large
without being muzzled ; or

k[b) set on or urge any dog or other animal ]

to attack, worry or intimidate, any

person; or

(c) knowing or having reason to believe that

any dog or animal belonging to him or
in his charge has been bitten by an

  - animal suffering or reasonably suspected
to be suffering from rabies, fail or neg­
lect to give immediate information of the
fact to the Commissioner or give infor-

a. mation which is false.

###### Precaution against Fire, etc.

Stacking or 302. The Municipal Commissioner may by

collecting' public notice prohibit in any case where such

materials, prohibition appears to him to be necessary, for the

prevention of danger to life or property, the stacking
or collecting of wood, dry grass, straw or other

inflammable materials or the placing of mats,

bamboos, timber or thatched huts or the lighting of
fires in any place which may be specified in the notice,


-----

Care of 303 No person shall get a naked light on or

naked lights. near any building in any public street or other public

place in such manner as to cause danger of fire s

Provided that nothing in this section shall be

deemed to prohibit the use of lights for the purposes

of illumination on the occasion of a festival or

public or private entertainment.

304. No one shall discharge any fire-arm or let

Discharging fireworks or fire-baloons or detonators or engaged in

fire-works any game in such manner as to cause or to be

fire-arm», likely to cause danger to persons passing by or

e tc ‘ dwelling or working in the neighbourhood or **risk**
of injury to property ;

Provided that all fire works **or** fire

baloons or detonators used by private **parties**

in all cases other than public festival shall be subject
to prior information of the Corporation.

Power to 305- o n e s^l a ^ quarry, blast or cut timber

require buil- or carry on building operations in such manner as **to**
ding, walls, cause, or to be likely to cause danger to persons

etc., to be passing by or dwelling or working in the neigh-
rendered safe b o u r h o o d .

**Prevention and extinction of fire**

Maintenance

306. (1) For the prevention and extinction of fire

of fire bri­
gade and the Corporation may maintain fire brigade **and**

the arrange­ provide any implement, machinery or means of
ments for

communicating intelligence which the Corporation

the preven-
tion and ex- may think necessary for the efficient discharge of

tinction **of their duties by the brigade.**
fire. (2) The Commissioner may provide such

1ndications as to the location of mains and hydrants
for prevention and extinction of fire, as he may
deem necessary by affixing a plate on any building
or upon any land, or painting any indication on
any building or erecting such appliance as he **may**
think necessary.

(3) No person shall destroy, pull down, deface,

eover or conceal such plate, indication or appliances.

307. (1) On the occasion of a fire in the city any

Power of fire magistrate or any member of a fire brigade, maintained
brigade and

by the Government or the Corporation, then and

other person         - . .         - . . .
for suppre- there directing the operations of men belonging **to**

sion of fire, the brigade or any police officer, not below the

ra nk of Sub-Inspector, may—

fa) remove or order the removal of any

person who by his presence **interfere**

with or impedes 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 hoses or other appliances, any

premises ;

(d) cause mains and pipes to be shut off so

as to give greater pressure of water in
or near the place where the fire has
occurred ;

(e) call on the person in charge of any fire

engine to render such assistance as may
be possible ; and

(g) generally, take such other measure as may

be appearing necessary for the prevention
and extinction of fire.

(2) On the occasion of a fire all persons

assisting the fire brigade whether voluntarily or

otherwise shall be under the officer in charge of the
fire brigade and shall obey all orders and directions
given by such officer.

(3) No person shall be liable to pay damages

in respect of anything in good faith done or in­
tended to be done under sub-section (1) of this

section.

**Power to** 308. (1) The Corporation shall from time to

**make regu­** time make regulations for—

**lation* for**
**fire brigade.**

(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 on
the occasion of any alarm of fire ;

(c) the maintenance of the said brigade

generally in a due state of efficiency ; and

(d) the submission of reports of fires.

(2) With the approval of the Corporation and

subject to the conditions and limitations prescribed
by this Act, the Commissioner may make regulations
for the granting of gratuities, rewards or certificates,
to persons who have given notice of fires or

who have rendered effective service to the fire

brigade on the occasion of fire.


-----

**CHAPTER XXIV** . 4 .

**Markets and** **Slaughter Houses**

' d e e m e d 309 All markets and slaughter-houses which

municipal belong to or are maintained by the Corporation

markets and shall be called “ Municipal Markets” or “ Municipal

houfes'” ' Slaughter-houses”. All other markets and slaughter­

houses shall be deemed to be private.

Provision of 310. (1) The Commissioner, when authorised by

n ^ i m U ni' the Corporation in this behalf, may construct,

nets and purchase, take on lease or otherwise acquire any
slaughter- building or land for the purpose of establishing a
houses. municipal market or municipal slaughter-house or
stock-yard or extending or improving any existing

municipal market or maintain such municipal

markets, slaughter-houses and stock-yards and such
stalls, shops, sheds, pens and other buildings or
conveniences for the use of the persons carrying on
trade or business in or frequenting, such municipal
markets, slaughter-houses or stock-yards, and provide
and maintain in such municipal markets, such

buildings, places, machines, weights, scales and

measures for weighing and measuring goods sold

therein as he shall think fit.

(2) Municipal slaughter-houses and municipal

stock-yards may be situated within or without the city
with the sanction of the Government.

Municipal 311. The Commissioner may, at any time, close

markets, any municipal market or slaughter-house or stock-

houses'and [y a r d] or any portion thereof, and the premises
stock-yards occupied for any portion thereof, so closed may be
may be disposed of as the property of the Corporation,

closed.

nFcipal [mU]' 312.(1) No person shall, without the general or

markets. special permission, in writing of the Commissioner,
sell or expose for sale any animal or article in any
municipal market.

(2) Any person contravening the provisions of

sub-section (1), and any animal or article exposed for
sale by such person, may be summarily removed

from the market by or under the orders of the
Commissioner or any employee of the Corporation

authorised by the Commissioner in this behalf.

Opening of 313. The Corporation shall from time to time

private determine whether the establishment of new private

marketsand markets or the establishment or maintenance of

pd[y a te] private slaughter-houses shall be permitted in the

houses."" c i t y o r *n a n y s Pe c ifie <i portion of the city.


-----

814. (1) No person shall, without or otherwise

Commissio- than in conformity with the terms of a license granteel
**nse** private the Commissioner in this behalf—

**mar b a ts ,**
**slaugh ta r**
**Jkoascs** an4

**tt«sJt-yar«h-**

t a) keep open any private market, or wilfully

or negligently permit any place to be

used as a private market; or

(b) use any place in the city as a slaughter­

house or stock-yard, or for the slaughter­
ing of any animal intended for human
consumption ; or

(c) use any place outside the city whether as

a slaughter-house or otherwise, for the
slaughtering of any animal intended for
human consumption in the city ; or

(d) use any place that may be set apart by

the Corporation in this behalf for the
sacrifice of animals in accordance with
religious customs and for the sale of
flesh thereof ;

Provided that—

(i) the Commissioner shall not refuse,

suspend or cancel any license for

keeping open a private market for

any cause other than the failure of
the owner thereof to comply with the
provisions of this Act, or bye-laws
made thereunder ; and

(ii) nothing in the foregoing provisions of

this section shall be deemed to pro­

hibit the slaughter of any animal
in any place as a part of any religious
festival or ceremony.

(2) Every such license shad be renewable

annually on the certificate of the Medical Officer of
Health.

(3) There shall be paid for every license granted

under sub-section (1) such annual fee as may be
fx«d ]»y the Corporation.


-----

**(4) If any private market or any place set apart**

under clause (d) of sub-section (1) be closed for more
than half of any year for which a fee has been paid,
the Corporation may refund the whole or any por­
tion of the fee so paid for that year.

**(5)** When the Commissioner has refused, sus­

**pended** or cancelled any license to keep open **a**
private market, he shall cause a notice of his having
**done so** to be affixed on some conspicuous spot on or
**near** the building or place where such market has
been held.

At

315. The Commissioner may—

**Levy of**

**ittllagei,**

**recti and**

**fees.** (a) charge such stallages, rents or fees as J

may from time to time be fixed by him
in this behalf—

(i) for the occupation or use of any

shop, stand, shed or pen in

a municipal market or municipal
slaughter house ;

(ii)for the right to expose article for sale

in a municipal market ;

(iii) for the use of machines, weights,

scales and measures provided for

in any municipal market ; and

(iv) for the right to slaughter animals in

any municipal slaughter-house,

and for the feed of such animals
before they are ready for slaughter;
or

(b) charge for the stallages, rents and fees

chargeable as aforesaid or any portion

thereof for such period as he may think
fit ; or

c) put up to public auction or dispose of by

private sale, the privilege of occupying or
using any stall, shop, stand, shed or pen
in a municipal market, municipal slaugh- .
ter-house for such period and on such

conditions as he may think fit.


-----

171

316. A copy of the table of stallages, **rents and**

**rents, etc.,** fees, if any, chargeable in any municipal market or

**to be publi­**

**shed.** municipal slaughter-house, and of the bye-laws **made**

under this Act for the purpose of regulating the **use**
of such market or slaughter-house printed **in such**
language or languages as the Commissioner **may**

direct, shall be affixed in some conspicuous place in
the market or slaughter-house.

**Pio hi bition** 317. (1) No animal or article shall **be sold or**

**of business** exposed for sale within a radius of fifty yards of **any**
**aad trade** municipal market or licensed private market without
**near a mare**
♦ **ket.** the permission of the Commissioner.

(2) Any person contravening the provisions **of**

sub-section (1) and any animal or article exposed for
sale by such person may be summarily removed by or
under the orders of the Commissioner or any **em­**
ployee of the Corporation appointed by him in this
behalf.

Licence for 318.(1) No person shall without or otherwise

**dealing** in than in conformity with a license from the Commis-
**flesh,** **fish** s [j]o n e r [ d]e a [i i]n [ flesh, fish, poultry or import flesh inten- ]

**and poultry.** human food or use any place for the sale of

flesh, fish or poultry intended for human food :

Provided that no licence shall be required of

any” place used for the sale or storage for sale of

preserved flesh or fish contained in air-tight or
hermetically sealed receptacles.

(2) The Commissioner may by order and **sub-**

   - ject to such conditions as to supervision and inspec­
tion as he thinks fit to impose, grant a licence **or**
may by order refuse, for reasons to be recorded, to
grant the same.

(3) Every such licence shall expire at the end

of the year for which it is granted or at such earlier
date as the Commissioner may, for special reasons,
spec[:]fy in the licence.

(4) If any place is used for the sale of flesh, **fish**

or poultry in contravention of the provisions **of this**

section, the Commissioner may stop the use **thereof**

**by such means as he may consider necessary.**


-----

###### CHAPTER XXV

**Vital Statistics**

Appointment 319. (1) The Medical Officer of Health

R*[l]»trar and t ^le Registrar of births and deaths for

Registrars. t ^l e c ^ ’f [a n] ^ shall k[e e] P *n s u c ^ f°r m as may be provi­

ded by bye-laws a register of al! births and deaths
occurring In the oity.

(2) The Municipal Commissioner shall appoint

such number of persons to be Sub-Registrars of births
and deaths as he deems necessary and define the
respective areas which shall be under the charge of such
Registrars.

<;D btRS • °[f] ^ [l e] R [e] 8^[s t r a r a n] d the Sub-Registrars shall

trar CgI5" k[£] ®P themselves informed of every births or

deaths occurring within the area under his

charge and shall ascertain and register, as soon as con­
veniently may be after the event, and without fee or
reward, such particulars in respect of every birth or
death as may be required by bye-laws.

J S E S , ® (*) It .hall be the duty of the

deaths. father or mother of every child born in the city

and in default of the father or mother, any

relation of the child living in the same premises, and in
default of such relation, the person having charge
of the child, to give to the best of his knowledge and

belief to the Sub-Registrar of the area concerned within

seven days, after such birth, information containing
such particulars as may be required by bye-laws made
in this behalf.

(2) It shall be the duty of the nearest relative

present at the time of the death or in attendance

during the last illness of any person dying in the
city and in default of such relation, any person

present or in attendance at the time of the death,

and the occupier of the premises in which to his

knowledge the death took place and in default of

the person hereinbefore mentioned, each inmate of
such premises or the undertaker or other person

causing the corpse of the deceased person to be

disposed of, to give to the best of his knowledge and
belief to the Sub-Registrar of the area within which
the death took place information containing such
particulars as may be required by bye-laws made in
this behalf.


-----

(8) If a birth or death occurs in the hospital, ,,,

none of the persons mentioned in sub-section (1), .
or as the case may be, in sub-section (2) shall be
bound to give information required by that sub­

section, but it shall be the duty of the medical

officer-in-charge of the hospital within twenty-four
hours after the birth or death, to send to the Medieal
Officer of Health a notice containing such particu­

lars as may be required by bye-laws made in this
behalf.

###### PART VI

**CHAPTER** **XXVI**

Land, Buildings and Streets

322. Developm ent Schemes .—Where the Com-

         - [e] ' missioner upon information in his possession is satisfied

in respect of any area—

(a) that the buildings in that area are by reason

of disrepair or sanitary defect unfit

for human habitation or are by reason of
their bad arrangements or the narrowness
or bad arrangement of the streets or the
want of light, air, ventilation or proper
conveniences, dangerous or injurious to the
health of the inhabitants of the area ; and

(b) that the most satisfactory method of deal­

ing with the conditions in the area is the
re-arrangement and re-construction of the
streets and buildings in the area in accord­
ance with development schemes;

he may frame development schemes in respect of

the area in accordance with the bye-laws made in
tfew behalf


-----

(8) If a birth or death occurs in the hospital, ,,,

none of the persons mentioned in sub-section (1), .
or as the case may be, in sub-section (2) shall be
bound to give information required by that sub­

section, but it shall be the duty of the medical

officer-in-charge of the hospital within twenty-four
hours after the birth or death, to send to the Medieal
Officer of Health a notice containing such particu­

lars as may be required by bye-laws made in this
behalf.

###### PART VI

**CHAPTER** **XXVI**

Land, Buildings and Streets

322. Developm ent Schemes .—Where the Com-

         - [e] ' missioner upon information in his possession is satisfied

in respect of any area—

(a) that the buildings in that area are by reason

of disrepair or sanitary defect unfit

for human habitation or are by reason of
their bad arrangements or the narrowness
or bad arrangement of the streets or the
want of light, air, ventilation or proper
conveniences, dangerous or injurious to the
health of the inhabitants of the area ; and

(b) that the most satisfactory method of deal­

ing with the conditions in the area is the
re-arrangement and re-construction of the
streets and buildings in the area in accord­
ance with development schemes;

he may frame development schemes in respect of

the area in accordance with the bye-laws made in
tfew behalf


-----

f*» [P] in[Vi]»[C]& 323. (1) A development scheme may provide

davalopawnt ^o r *11 or any of the following matters, namely-—

       - keme.

(a) the acquisition under the Land Requisition

and Acquisition Act. 1948, by agreement or
otherwise of any property necessary for
or affected by the execution of the scheme ;

(b) the relaying out of any land comprised in

the scheme;

«

(c) the redistribution of'sites belonging to owners

of property comprised in the scheme ;

f

(d) the closure or demolition of buildings cr

portions of buildings unfit for human habita­
tion ;

(e) the demolition of obstructive buildings or

portions thereof;

(f) the construction and reconstruction of build*

ings;

(g) the construction and alteration of streets;

(h) the water supply, street lighting, drainage

and other conveniences •

(1) the provision of open spaces j

(J) the sanitary arrangements required for the

area comprised in the scheme ;

(k) die provision of accommodation for any

class of the inhabitants ;

(1) the provisions of facilities for communica­

tion ;


-----

(m) the sale, letting or exchange of **any property**

comprised in the scheme ; and

(n) any other matter for which, in the opinion

of the Commissioner it is expedient to make
provision with a view to the **development**

of the area to which the same **relates.**

(2) Whenever any land is designated ill a develop'

ment scheme as subject to acquisition or is **required by**

the scheme to be kept as all open space, **then, if at**
the expiration of ten years, the land **is not acquired**

' by the Commissioner, the owner of the land **may**
serve on the Commissioner a notice requiring his
interest in the land to be so acquired.

(3) If the Commissioner fails to have the

land acquired within a period of six months from the
receipt of the notice, the development scheme shall
have effect after the expiration of **the said six months**
as if the land were not designated **as subject to**
acquisition by the Commissioner or were **not required**
to be kept as an open space.

Submission 324. Every development scheme shall, **as soon**

of develop- a s m a y jje a ft e r jt h a s been framed, be submitted by the

  - me^o^tha Commissioner for approval to the Corporation **and the**

Corpora- Corporation **may** either approve the **scheme without**

tion for ap-modification or with such modifications **as** it **may**
proval. consider necessary or reject the scheme **and require**

   - the Commissioner to have a fresh scheme **framed**

according to such directions as the Corporation **may**
**give.**

Develop- 325. No development scheme **framed under**

ment schemet }1[i]s p a r t shall be valid unless such **scheme**

with[COt]the[y] is ’[n] conformity with the provision **of the**

Master **Man,Master Plan and Zonal Development Plan for the city,**
and Zonal and has been approved by the State **Government.**
**Development**
**Plaa.**


-----

P«w*ref 386. Notwithstanding anything to the contrary

Sovemmeat contained in Sections 323 to 325 the Corporation may
Cerptrati** [£] nd 80 i e Qu ir e d by the Government shall direct the

t» make Commissioner tc prepare a Development Scheme in

sckewc. rsspact of any area of the city.

**Buildmg Control**

Prohibition 327. No person shall—
of erection
or rs-erec- (i) erect or re-erect any building ; or
tie» of

(ii) commence to erect or re-erect any building,

uildiags
without or
permission.

(iii) make any material external alteration

to any existing buildings';

(iv) construct or re-construct any projecting

portion of a building which the Commissioner is

empowered to require to be set back or is empowered
to give permission t® construct of re-construct—

(a) unless the Commissionar or the Engineer

so empowered has either by an order in
writing granted permission or has

failed to intimate within the prescribed
period his refusal to grant such permis­

sion ; or

(b) after the expiry of one year from the

date of the said permission or such

longer period as ths Commissioner may
allow:

Provided that nothing in this section shall apply

to any work, addition or alteration which the Cor­
poration may by bye-law declare to be exempted.

Motice of 328. (1) Every person who intends to erect or

buildings, re-erect a building shall submit to the Corporation—■

(a) an application in writing for approval of

the site, together with a site plan of the
land, and documents of title and, in the
case of land which is the property of the
Government or of the Corporation a certi­
fied 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

execute the work together with a ground
plan, elevations and sections of the building
and a specification of the work.


-----

177

(2) Every plan of any building to be construc­

ted 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 surveyor, licensed or.- duly approved
by the Corporation.

(3) Every document submitted under sub­

section (1) shall be prepared in such manner and
shall contain such particulars as may be required
by bye-laws made in this beha f.

(4) Nothing herein contained shall require a

person to comply with the provisions of clause (b)

of sub-section (11 of this section until such time as
the site has been approved by the Commissioner or
such person as he may direct :

Provided that an application shall be disposed

of within 60 days from the date of receipt.

t Commu- 329. The Commissioner on the advice of the

_refuse erec- Engineer shall refuse to sanction the erection or ra­_
tion or re- erection of any building which is in contravention of
erection of any rule or bye-law made under the provisions of this

building, Act.

Grounds 330. The Commissioner on the advice of

on which site the Engineer may refuse to approve of the site on

bunding may [w] bi[c] h is intended to erect or re-erect any

be disappro- building on all or any of the following grounds—

ved. (a) that the erection or re-erection of the

proposed building on such site would be

in contravention of a development scheme
under Section 322 or of any other provi­
sion of this Act or of any other enact­
ment for the time being in force ; or

(b) that the site is in a portion of the city

in which the position and direction, of
the streets have not been determined,

and that the building which it is propo­
sed 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 of the
city or the drainage, water-supply or

ventilation thereof :

Provided that any person . to whom permission

to erect or re-erect a building on such a site has
been refused may, by a written notice to the

Commissioner, require that the position and direction
of the future street in the vicinity of his intended
building be forthwith laid down and determined,
and if such requisition be not complied with within
one year from the date thereof, may, subject to


-----

all other provisions of this Act applicable thereto,^,

proceed with the erection of his building; or-

(c) that the site has been reclaimed 1 or usedw

as a place for depositing;;. sewage,",,

offensive matter or rubbish or the car­
casses of dead animals or is otherwise-

insanitary or dangerous to-.. health ; or

(d) when the site is in a portion of the

city for which a development scheme

lias not been sanctioned by the Co41p0-»
ration and that the . building which, it _u_

is proposed to erect or re-erect on such **«**
site will, in the opinion of the Com­

missioner be likely to conflict, ini a fc

manner to be communicated in writing
to the applicant, with- the contemplated j
development scheme-:

Provided that any person to whom permission"

to erect or re-erect a building on such a site-*

has been refused may by writen notice to the

Commissioner, require that the preparation of a

development scheme for the portion of the' city in
which the said site is situated be proceeded (vith*
as early as circumstances may permit 5 and if '

the applicant is not informed in writing "within

twelve months of the date of the requisition that

the Corporation has sanctioned the said scheme, he

may, subject to all the other .provisions of this Act
applicable thereto, proceed With the erection or re­
erection of the building in respect of which the

application was made.

Ground on 331. (1) Thb. (.Commissioner shall not grant
which per­ permission to erect or re-erect an.y building . .unless and
mission to
erect or re­ until the Engineer has approved of the site thereof
erect buil­ on an application under section 328.' 4

ding may
be refused.

(2) The Commissioner, may refus&.i permission to

**erect** or re-erect.any building-

r

fa) if the plan and specifications--submit ted -with

the application show that such building
is not in accordance with .a (development
scheme sanctioned under section. . 324-or.,
with any. provision of this Act, or any.rule.or.r
bye-law. made thereunder .or any. provision-,

of any law.for the time being in force ;-.or.

(b) if in his opinion the erection or re-erection

of such building would be a ; ^nuisance or
injurious to the * inhabitants of ‘ the

neighbourhood or to the public ; or


-----

(c) unless and until any plans, specification

or particulars called for by him particulars called for by him are

supplied ; or

(d) if the proposed building would be an

< encroachment upon Government cr

municipal land ; or

ft _[r]e) if_ the .'site ■ of . such building does not

J abut on a street or a - projected street or

if there is- no access to such building

a iftoni. any csuch street by a passage or

pathway appertaining to such site.

Power of 332s If at any time before .the completion of

Commis­

sioner to [a] building of which the erection has been sanctio-

.* direct modi ned under section 327 the Commissioner finds that

fication of any., modification of sanctioned plan is necessary,

sanctioned the' Commissioner may, subject to payment of
plan of buil­
ding before compensation as may be assessed by the Commis­

t. its comple­ sioner fos any loss to which the owner may be

tion. put, direct that the building be- modified accordingly.

Lapsa of ». 333. Every sanction for the erection or re-erectior.
sanction.

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
Avhen.conveying.sanction under section 327. Should

the erection on re-erection of the building not have

            - een commenced within one year and completed

within two years, ar such longer period as may have

been allowed by the Commissioner the sanction shall
be deemed to have lapsed, but such lapse shall net

»bar*...any subsequent application for fresh, sanction

under th e. foregoing provisions of the Act.

Intimation ' 334.. Every person who erects or rc-erects any

tionoTbuU- buildmg-shall within one month of the completion
ding. of the work deliver to the Commissioner at his office
a notice in writing of such completion and

shall give him all necessary facilities for the

              - .inspection ofisuch< work.

Erection and         - •335. (f) No building shall be erected for a tem-

    - p o r a r y use of tem- porary purpose without the sanction of the ' ' ..     - . • z-<Commis­

sioner," or otherwise than in accordance with any

building to

be appro-        - ye-laws made in this behalf under; this Act.
yed by

Com m i s-

(2) If any bdilding erected for a temporary

sloner.

purpose is not used strictly for such purpose .. and in
accordance with any bye-laws made under this Act

»<;or is erected without the sanction of the Comrnis-

sion.er, the building may be demolished by the

Commissions at the expense cf the owner thereof

. whether he is prosecuted under (his Act or not.


-----

on pensa- 336. (1) No compensation shall be claimable by

tion. a n o w n e r [ f]o r a n [y damage which he may sustain in ]

consequence of the prohibition of unauthorised

erection or re-erection of any building.

(2) The Corporation shall make reasonable

compensation which shall be assessed .by the Commis­
sioner, to the owner for any damage or loss which he
may sustain in consequence of the prohibition of the
authorised erection or re-erection of any building or

part of a building except in so far as the prohibition is
necessary under any rule or bye-law.

«

Power to re- 337.(1) If any building is erected or re-erected in

qui ie remo- contravention of any development scheme mentioned
tfoa^^wort' under section 322 or any building bye-laws made

notin con-under section 416(1)0, or without plans having been
for nity with deposited, or notwithstanding the rejection of plans, or
bye-laws or otherwise than in accordance with any requirements
Withstanding [s u] bj[e c t t o] which the Commissioner passed the plans,
rejection of the Commissioner may, without prejudice to his right - ” ---------------------- -        - ----=--J —

plas, etc. of taking proceedings in a court of law for such contra­

vention, by notice to the owner either require him 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 bye-laws or
other requirements specified in the notice.

(2) If any case in which the erection or re-erec-

tion of any building has been commenced or is being
carried on unlawfully as mentioned in sub-section (1),
the Commissioner may, by a written notice, require the

building operation to be discontinued from the date
of service of the notice.

(3) If a person to whom a notice has been given

under the foregoing provisions of this section fails to
comply with the notice before the expiry of thirty days,
the Commissioner may pull down or remove the work
in question, or effect such alteration therein as he
deems necessary, and may recover from him the ex­
penses reasonably incurred by the Commissioner in so
doing, and such dues shall be recoverable as arrears of
municipal tax.

(4) Where plans were approved, it shall not be

open to the Commissioner to give such a notice on the
ground that the building contravenes any scheme or
bye-laws, as the case may be, or does not comply
with his requirements under this Part •


-----

Power of 338, if a t any time after permission to proceed

Commission w :t ^ a n y building or work has been given, the Com-
perndssion” missioner is satisfied that such permission was grant-

on grounds ed in consequence of any material misrepresentation
of materials mis -reprc- o r fraudulent statement contained -            - . . . . in the . ---- notice given or .

information furnished under section 328, or in further

sentation by

information, if any, furnished, he may cancel such

applicant.

permission, and any work done thereunder shall be
deemed to have been done without his permission.

Restric- 339. No person shall, without the written permis-

tion on use sion of the Commissioner, or otherwise than in con-

of buildings, formity with the conditions, if any, of such permis­

sion—

(a) use or permit to be used for human habitay

tion any part of a building not originally

erected or authorised to be used for that
purpose or not used for that purpose before
any alteration has been made therein by
any work executed in accordance with the
provisions of this Act and of the bye­
laws made thereunder;

(b) change or allow the change of the use of

any land or building ; and

(c) convert or allow the conversion of one

kind of tenement into another kind.

340. No external roof, verandah or wall of a

Prohibi­ building and no shed or fence shall be constructed

tion against

or re-constructed of cloth, grass, leaves, mats or other

use of
infiammabl e inflammable materials except with the permission of
material for the Commissioner, nor shall any such roof, verandah,
building, etc. .wall, shed or fence constructed or reconstructed in
permission.

any year be retained in a subsequent year except with

such permission.

Bar of 341. gave as otherwise expressly provided, no

jurisdiction. c -v y c o u r t shall have jurisdiction to settle, decide or

deal with any question which is by or under this part
required to be settled, decided or d^alt with by the
Comtaissioner.


-----

###### Dangerous and In sanitary Buildings

Previsions 342- (1) If after obtaining the opinion of the

regarding Engineer, it appears, to the Commissioner that any

S ' f f building or part of a building intended or used

human for human habitation or human occupation

habitation for any purpose whatsoever is unfit for such habitation
**or occupation, he shall give to the occupier and in case**
the building is not occupied, to the owner notice in
writing stating such reasons'and'jighifying his intention
te prohibit the further use of such' building or part of a
building for such purpose,* -and' calling upon the
owner or occupier to state in writing his objection,
if any3 to such prohibition within seven days after
**the** receipt of notice. If no objection is raised by

such owner or occupier within prescribed period,

**<or** if the grounds of such objection appear to the

Commissioner to be insufficient or not well foundedj he
may prohibit by an order in writing the further use of
such building or part of building for human habi­

ta tio n or occupation:

Provided that, before such order is given, the

owner or occupier of the building shali be given
**an** opportunity of appearing before the Standing
Committee in person or by agent in support of
his objection,

(2) Notice of such prohibitions shall be served

upon the owner of any buildings or part of a buil­
ding affected thereby and also upon every occupier
or user thereof stating the fact of such prohibi­

tion specifying a period not being less than fourteen
days after the date, of such rnotice within - which

every such person shall remove . himself and his

v movable property from the said building or part

thereof, and if on the day so appointed any such

            - person has failed to remove himself and hismova-

o ble property from the said building or part thereof,

the Commissioner may cause him and his property
t® be removed and may recover from him the cost

®f such removal.

(3) When a building or part of building has

been vacated under sub-section (2), the Commissioner
shall affix a notice thereto itf:the prescribed manner
and no person, except With the permission in writing

of the Commissioner and in* accordance with the terms

and conditions of such permission, shall' without suffi­
cientcause enter into or remain in such building' or
**part of a building.**


-----

(4) At any time after a building or part of a

building has been vacated under sub-section (2), if the
Commissioner considers that it can be rendered fit for

human habitatinn by structural alterations and repairs,
he may .by. notice, in writing call upon the owner to
execute, within a period.of six months from the date of
receipt of such« notice., such , structural alterations or
repairs, as he.deems necessary and if at the expiration

of the aforesaid period such alterations or repairs have
**not been executed to his satisfaction, he shall issue to**
the said owner a notice in writing ordering the demoli­
tion of such building _or. part thereof within a period_
of thirty days from, the' date" of the receipt of such

notice or such longer period as the Commissioner **may**

##### *

specify.

(5) If the Commissioner-is of the opinion that

the building is not- capable of being rendered fit

for human habitation,"he may by notice in writing

call upon the owner to demolish it within a period
of thirty days from the receipt of such notice or

such* longer period-as .the Commissioner may specify.

**(6)** If at the expirastioni-of the said period, • an

order to demolish a building or part of a building

issued under sub-Seotiomi (4) or sub-section (5) has
not been complied with, the Commissioner may

direct, by an ’order in ■ writing, the demolition thereof-

by any municipal employee or contractor. The mate*
rials of the buddmg. or pat t of the building so des­
troyed shall- thereupon be sold by public auction
and the proceeds-of the sale shall be made over >

**to** the owner after»deducting the-cost of such des­
truction and Sale. If the amount realised is not

sufficient’ to cover the cost of such demolition and-
sale, the balance, if any, shall be recovered from the
**owner as arrear of municipal tax:**

Provided- that,abeforer such - order is given the!-

owner of the budding- shalh be given an opportunity
off appearing’-beforethefCommissionor in person or byt>
an agent *ndtof shswingmause why such order should I

not beigivenrm

(7) If any buildirig or part of a building in respect

**of which an order unde f this section has been** **made is**

the subject of a lease, such lease shall be voidable at the
option of the lessee with effect from the date on

which the said lessee has to vacate the premises.


-----

Removal ef 343. (1) jf jn the opinion of the Commissioner

buildings in a n y building, wall, structure or anything affixed thereto

state, ,s l n dangerous state, the Commissioner may, by notice

in writing, require the owner or occupier thereof

forthwith either to remove the same or to 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 expenses incurerd by the Commissioner

under sub-section (1) shall be paid by the owner

concerned.

(3) Except with the permission in writing of the

Commissioner no person shall without sufficient cause
enter into or remain in any building from which the
occupier has been removed under sub-section (1).

Abandoned 344. If it appears to the Commissioner that any

or unoceupi* building or structure is abandoned or unoccupied or
ed premises. ^as become a resort of disorderly person or is by reason

of its conditions seriously detrimental to the interest of
the neighbourhood, the Commissioner may give written
notice to the owner of such building or structure if he
be known and resident within the city, or to any person
who is known or believed to elaim to be the owner, if
such person is resident within the city, and shall also
affix a copy of the said notice on some conspicuous part
of the said building or structure requiring all persons
having any right or interest therein to take such order
regarding 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.

Reelrm ation 345. (1) If for any reason it appears to the

of lowdying Commissioner that the level of the site on which it is        -

’ [u ,] ‘ proposed to erect or re-erect a building is so low that

such building is likely to become insanitary or likely to
**be a source of nuisance, he shall give to the owner of**
**the building proposed to be erected a notice as to why**
**the** said site should not be reclaimed with such mate­
**rials** and raised to such height and within such period
**not** being less than six months from the date of the
notice as he shall think fit and the said notiee shall
specify the cost at which, if so desired by the owner
the required work can be performed by municipal
**agency.**


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185

K

(2) If no objection is raised within such period **as**

aforesaid, or if any objection which is raised **appears**
to the Commissioner to be invalid or insufficient, **he**
may by notice in writing direct such owner **er**

occupier—

(a) to carry out such reclamation and **raising**

of the height within the period **specified :**
or

(b) within thirty days after the receipt of the

said notice to pay to the **Commissioner,**
the estimated cost of performing **the**

   - work by municipal agency.

(3) In any case in which the estimated **cost**

of the reclamation has not been paid to **the Commis-**

*. sioner, and the owner fails to carry out the work **of**

reclamation within the period specified in **the notice**

under sub-section (2), the Commissioner **may recover**
from him the estimated cost of the work as stated **in**
the notice issued under sub-section (1) or so **much**
thereof as he may consider necessary to complete **the**
work, and shall carry out and complete the work:

Provided that in case of hardship **the Com­**

missioner may realise the amount in instalments after
completion of the work.

Removal of 346. If it appears to the Commissioner **that**

matcriafs a n Y tiles, stones, rafters, building **materials** **or**

from " any debris of building materials are stored or collected in or
premises upon any premises in such quantity or bulk or in such

way be re- a way as to constitute a harbourage or breeding place
quired. fo r r a tg o r o ther 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 **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 regarding the same as may, in **the**

opinion of the Commissioner, be necessary or expedient
to abate the nuisance or prevent a recurrence **thereof.**

Cleansing 347. Should the owner, part-owner, or occu-

build’51thy P*[e r ] a n V b id in g suffer the same to be in a filthy or

ui mg. u n w [holesome state, the Commissioner may by notice, ]
require him within twenty-four hours to cleanse **the**
same or otherwise put it in a proper state and there­
after to keep it in a clean and proper state and if **it**
appears to be necessary for sanitary purposes to do so
may, at any time by notice, direct the occupier of
any building to white wash or otherwise **cleanse**
the said building inside and outside in the manner

and within a period to be specified in the notice.


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186

###### Public Streets

**Cloiiag »f** 348. (1) The Corporation may, subject to approval

**public** of the Government, permanently close the whole
**streets.** or any part of public street:

Provided that no such street or part thereof

be closed unless for one month at least before the
meeting of the Corporation at which the matter is
decided, a notice has been posted in the street, or
part thereof which it is proposed to be closed inform­
ing the residents of the said proposal, and until the
objections to the said proposal, if any, 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 the part thereof which has been closed,
may be disposed of as land belonging to the Corpora­

tion.

**Encroachments on Street**

Prohibition

349. (1) No person shall erect, set up, add to, or

of projec­

tions upon place against or in front of any premises any structure

            - treet, etc. or fixture which will—

(a) overhang or project into, or in any way

encroach upon, and obstruct in any way
the safe or convenient passage of the public
along any street, or

(b) project into or encroach upon any drain or

open channel in any street so as in any way
to interfere with the use or proper working
of such drain or channel or to impede

the inspection of cleansing thereof.

(2) The Commissioner by a notice require the

encroacher or owner or occupier of any premises to
remove, or to take such other action as he may direct
in relation to any structure or fixture which has been
erected, set up, added to, or placed against, or in
front of the said premises in contravention of this
section

(3) If the occupier of the said premises

removes or alters any structure or fixture in accordance
with such notice, he shall be entitled, unless the
structure or fixture was erected, set up or placed by
himself, to credit into account with the owner of the
premises for all reasonable expenses incurred by him
in complying with the notice. In case the owner
er occupier fails to comply with such notice, the
Commissioner will remove or alter any such struc­
ture or fixture as contained in the notice or take
such steps to remove such encroachments as he

may deem **fit.**


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~[<] rG-w-rs'of 350- (1) The Corporation or the Commissioner

municipal[0] shall not in respect of any street vested in the Govern-
authorities. ment, 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 bye-laws made thereunder except with the
sanction of the Government which may be given in
respect of a class of cases generally or in respect of
a particular case.

(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
the Act upon the Corporation or the Commissioner, as
the case may be.

Footings uf 351. No title to any land belonging to or vested

buildings in the Government or the Corporation shall be deemed

bnsh°title'to[t 0] h»[v e] been acquired by a person or persons by

land belong- reason only that the footing of the foundations of any

ingto Go- buildings, wall or other structure project or have

♦ vernmentor projected below the surface of such land,

vesting in
Corporation.

Prohibition 352. (1) No person shall, except with the per­

of deposit, mission of the Commissioner, and on payment of such
etc., of

fee as he in each case thinks fit, place or deposit upon

things in

streets. any street, or upon any open channel, drain or well in

any street, or upon any public place, any stall, chair,

bench, box, ladder, bale or other things whatsoever so
as to form an obstruction thereto or encroachment

thereon.

(2) Nothing in sub-section (1) applies to building

materials.

Power to re» 353. The Commissioner may, without notice,
move any­ cause to be removed:—
thing depo­
sited or ex­
posed for (a) any stall, chair, bench, box, ladder, bale, or
sale in con­ other thing whatsoever, placed, deposited,
travention of projected, attached or suspended in, upon,

_•»_ this Act. from or to any place in contravention of

this A ct; and

(b) any article whatsoever hawked or exposed

for sale on any public street or in any **other**

» public place in contravention of this **Act**

and any vehicle, package, box or any other
thing in or on which such article is placed.

Streets net 354. (1) No person other than the Commissioner

to be opened qj- a duly authorised municipal employee shall—
or broken

**(a)** open, breakup, displace, take **up or mak«**

up and

building ma­ any alteration in, or **cause any injury to**
terials not the soil or pavement or any **wall, fence,**
to be depo­ posts, chain or other materials, or **thing**

sited thereon

forming part of any street ; or

without per-
mistioa. **(b)** deposit any building **materials in any**

**street j or**


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(c) set up in any street any scaffold or any

temporary erection for the purpose of any
work whatsoever or any posts, bars, rads,
boards or other thing by way of an en­
closure, for the purpose of making mortar
or depositing bricks, lime, rubbish or other
materials.

(2) Any permission granted under clause (b) or

clause (c) of sub-section (1) shall be terminable at
the discretion of the Commissioner on his giving not
less than twenty-four hours notice of such termination
to the person to whom such permission was granted.

(3) The Commissioner may, without notice

cause to be removed any of the things referred

to in clause (b) or clause (c) of sub-section (1)

which has been deposited or set up in any street with­
out the permission specified in that sub-section or
which having been deposited or set up with such
permission has not been removed within the period
specified in the notice issued under sub-section (21:

Provided that nothing in this sub-section shall

apply to cases under clause (bl or clause (c) of sub­
section ^1) in which an application for permission

has been made with such fee as may be specified by

the Commissioner in this behalf but no reply has been
sent to the applicant within seven days from the date
of the application.

Ground floor **355.** The Commissioner may at any time by

doors, etc.’ notice require the owner’ of any premises on the

no t to open ground floor of which any door, gate, bar or window

outwards on opens cutwards upon a street or upon any land
streets, required for the improvement of a street in such

manner, as to obstruct, in the opinion of the Com­
missioner, the safe or convenient passage of the public
along such street, to have the said door, gate, bar **or**

window altered so as not to open outwards.

356. (1) No person shall tether any animal or

**Prohibition**

**• f tathsring** cause or permit the same to be tethered in any public z
**of aaimtla** **street.**

**•nd milking**

**• f cattle***

(2) No person shall milk or cause or permit to

be m iked any cow or buffalo or goat in any street.

(3) Any animal tethered or any cow or buffalo

or goat found being milked as aforesaid in

any street may be removed by the Commissioner or
any municipal employee and be impounded and dealt

with under the provision of the Indian Cattle Tres-
pwi Act, 1871,


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Function [o f] 357. The Commissioner shall, from time to time,

Commission- causejail public streets vested in the Corporation to be

er in respect

gravelled, metalled or paved, channelled, altered or

of public

repaired, and may widen, extend or otherwise

str«st.

improve any such street or cause the soil thereof to
be raised, lowered or altered or may place and keep
in repair fences and posts for the safety of foot passen­
gers :

Provided that no widening, extension or other

improvement of a public street, the aggregate cost
of which will exceed five thousand rupees, shall be
under taken by[r] the Commissioner except with the

previous sanction of the Corporation.

358. The Commissioner may at any time with the

Power to previous sanction of the Corporation—
make (al lav out and make new nublic streets:(a) lay out and make new public streets;
public street.
(bj construct bridges, culverts and sub-ways;
(c) turn or divert any existing public street;

and

(d) lay down and determine the position and

direction of a street or streets in any part
of the city notwithstanding that no pro­
posal for tne erection of any building in the
vicinity has been received.

Minimum

width of [359.] The Commissioner shall, from time to time

new public with sanction of the Standing Committee, specify

street, the minimum width of different classes of new public

streets according to the nature of the traffic likely
to be carried thereon, and the streets with which they

join at one or both ends, the localities in which they

are situated, the heights up to which buildings abutting
thereon may be erected and other similar considera­
tions-

Power to 360. (1) The Commissioner with the previous

prohibit use sanction of the Corporation may:—•

of publie (a) prohibit vehicular traffic in any public
street for

street or any portion ther< of so as to

certain kinds

prevent danger, obstruction or tncon-

of traffic.

venience to the public or to ensure

quietness in any locality ; and

(b) prohibit in respect of all public streets, or

any particular public street, the transit of
any vehicle of such form, construction,
weight or size or laden with such heavy or
unwieldy objects as may be likely to

cause injury to the roadways or any con­
struction thereon except under such con­
ditions as to time, mode of traction or
locomotion, use of appliances for the

protection of roadways, number of lights
and assistants and other general precautions
and upon the payment of such charges as
may be specified by the Commissioner
generally in such ease.


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under sub-section (1) shall be posted in conspicuous
places at or near both ends of public streets or portions
thereof to which they relate, unless such prohibition
applies generally to all public streets.

Power to 361. Subject to the provisions contained in this

acquire land« Act, the Commissioner may—
and building*

**street and for** (a) acquire any land required for the purpose
**parking** of opening, widening, extending or otherwise
**place.** improving any public street or making

any new public street and any building
standing upon such land ;

(b) acquire in relation to any such land or

building all such land with buildings, if
any, thereon as the Corporation may think
expedient to acquire outside of the **r**

regular line, or of the intended regular
line, of such street ; and

(c) acquire any land for the purpose of laying

out or making a public parking place.

**Defining the** 362. (1) The Commissioner may define a line on
**regular line** one or both sides of any public street in
of streets.

accordance with the bye-laws made in this behalf and
may, with the previous sanction of the Corporation,
**redefine at** any time any such regular line:

Provided that, before according sanction the Cor­

poration shall by public notice afford reasonable
opportunity to the residents of premises abutting on
such public street to make suggestions or objections with
respect to the proposed redefined line of the street
and shall consider all such suggestions or objections
which may be made within one month from the date
of the publication of the said notice :

Provided further that the regular line of any

public street operative under any law in force in

**any** part of the city immediately before the commence­
**ment** of this Act shall **be** deemed to be a line

**defined by** the Commissioner under this sub-section.

###### (2) The line for the time being defined or rede­
 fined shall be called the regular line of street.

(3) No person shall construct or reconstruct any

building or a portion thereof or any boundary wall or
other structure whatsoever within the regular line of a
###### street.


-----

191

(4) The Commissioner shall maintain a register

containing such particulars as may be specified by him
in this behalf with plans attached thereto showing
all public streets in respect of which the regular line of
the street has been defined or redefined and containing
any other particulars which the Commissioner may
deem necessary.

(5) All such registers shall remain open for inspec­

tion by any person on payment of such fee as may be
specified by the Commissioner with the sanction of the
Standing Committee.

Setting back 363. (1) If any part of a building abutting on a

##### * building to regular line public street is within the regular line of that street, the Commissioner may, whenever it is proposed—

of street. (a) to repair, rebuild or construct such building

or to take down such building to an extent
exceeding one-half thereof above the

ground level, such half to be measured
in cubic meter, or

(b) to repair, remove, construct or reconstruct

or make any additions to, or structural
alterations of, any portion of such building

which is within the regular line of the

street ;

by an order which he issues concerning the

additions to, rebuilding, construction, repair or

alterations of such building, require such building

to be set back to the regular line of the street.

(2) When any building or any part thereof within

the regular line of a public street falls down,

or is whether by the order of the Commissioner

otherwise taken down, the Commissioner may forth­

with take possession on behalf of the Corpora­

tion of the portion of the land within the regular line
of the street theretofore occupied by the said building
and, if necessary, clean the same.

(3) Land acquired under this section shall be

deemed to be a part of the public streetTand shall [r] vest
in the Corporation.

Compulsory 364 (1) Where any building or any part’there-

setting back of is within the regular line of a public street and in
of building the opinion of the Commissioner it is necessary [r] to set
to regular        -        -        -        - ----        -        -        - . ...

back the building or part thereof to the regular’line of

line of
street. the street he may by notice serve on the' owner in ac­

cordance; with the provisions of this Act, require him to
show cause within the period as may be specified
in the notice as to why such building’or part’thereof
along with the land which is within the regular [r] line of
the street should not be acquired by theJCommissioner

on behalf of the Corporation.

(2) If such owner fails to show cause as required

bylsub-seccion (1), the’Commissioner may proceed to

acquire'' the property on behalf of the Corporation fo?

the purpose.


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(3) Nothing in this section shall apply to building

vesting in the Government.

ofo^n'land" **365.** (1) If any land, whether open or enclosed,

and[PCn] land [n O t] vesting in the Corporation and not occupied by any
occupied by building is within the regular line of a public street or

platforms, jf a [ platform, verandah, step, compound wall, hedge or ]

theV ^Vr ^e n c c o r s o r n e other structure external or a building

line reg u abutting on a public street or a portion of such platform,

streets. verandah, step, compound wall, hedge, fence or other
structure is within the regular line of such street, the
Commissioner may, after giving to the owner of
the land or building a notice of intention so

to do, take possession on behalf of the Cor­ -<

poration of the said land with its enclosing wall,
hedge, fence or other structure or of any portion
thereof which is within the regular line of the public
street after acquisition and, if necessary, clear the same **>**
and the land so acquired shall thereupon be deemed to
be part of the public street and shall vest in the
Corporation.

(2) Notwithstanding anything contained in this Act

the Commissioner may proceed to acquire the said
land on behalf of the Corporation.

Acquisition 366. (1) Where a land or building is partly with­366. (1) Where a land or building is partly with-

er renaming jsioner is satisfied that the land remaining after the in­n the regular line of a public street and the Commis- *1... ....mQinrr tlifin-
build 1 n g

and land clusion of the portion within the said line will not be
after suitable or fit for any beneficial use, he may at the
inclusion of request of the owner, acquire such land in addition
the portion

to the land within the said line and such surplus

within a re- , ...
gular line of land shall be deemed to be a part of tne public

street have street and shall vest in the Corporation.
been acquir- (2) Such surplus land may thereafter be utilised

for the purpose of setting forward a building under

Section 367.

Setting for 367. The Commissioner may, upon such terms

ward of a5 may be determined by the Corporation allow

the^re^ilar [a n] Y building to be set forward for the purpose

line ofstreet. °f improving the regular line of a public street

and may, with the sanction of the Standing Com­

mittee, by notice require any building to be so set for­
ward in tire case of re-construction thereof or of a new
construction.

**E x p la n a tio n For the purpose of this section a**

wall separating any premises from a public street shall

be deemed to be a building ; and it shall be deemed
a sufficient compliance with permission or requisition
to set forward a building to the regular line of a street
if a wall of such material and dimensions as are

approved by the Commissioner is erected along the
said line.


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tian to be" Compensation as assessed by the

paid in cer- Gommssioner shall be paid by the Commissioner

tain cases of with the approval of the Standing Committee to the
setting back owner of any building or land acquired for a public

forward[1]11^ s t r e e t under the provisions of Sections 363, 364

building. a n < ^ 365 for any loss which such owner may

s[ustain in consequence of his building or land being ]

so acquired and for any expense incurred by such owner
in consequence of any order made by the Commis­
sioner:

Provided that any increase or decrease in the

value of the remainder of the property of which
the building or land so acquired formed part,

likely to accrue from the setting back to the regular
line of the street shall be taken into consideration
and allowed for in determining the amount of such
compensation.

(21 If in consequence of any order to set forward

a building made by the Commissioner, the owner of
such building sustains any loss or damage, compensa­
tion as assessed by the Commissioner shall be paid to
him by the Commissioner with the approval of the
Standing Committee for such loss or damage after

taking into account any increase in value likely to
accure from the setting forward.

(3) If the additional land which will be included

in the premises of any person required or permitted
under sub-section (21 to set forward a building belongs
to the Corporation, the order or pei mission of the
Commissioner to set forward the building shall be a
sufficient conveyance to the said owner of the said

land, and the price to be paid to the Corporation by
the owner for such additional land and the other terms
and conditions of the conveyance shal 1 be set forth

in the order or permission.

##### * P rivate Streets

Owner’s 369. If the owner of any land utilises, sells leases

obligation out or otherwise disposes of such land for the

insTwith*" [c o n s t r u] ction of buildings thereon, he shall lay down and
land and make street or streets of such width as may be pres-

building cribed giving access to the plots into which the

sites. la n c ] may b e divided and connecting with an existing

public or private street.


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**194**

Lay-out 370. (1) Before utilising, selling or otherwise

plans. dealing with any land under section 369, the owner

thereof shall send to the Commissioner a written appli­
cation with a lay-out plan of the land showing the fol­
lowing particulars, namely—

(a") the plots into which the land is proposed to

be divided for the erection of buildings
thereon and the purpose or purposes for
which such buildings ate to be used;

(bi the reservation or allotment of any site for

any street, open space, park, recrea­

tion ground, market or any other public                    -

purpose ;

(c) the intended level, direction and width of

street or streets ;

(d) the regular line of street or streets ; and

(ei the arrangements to be made for levelling,

paving, metalling, flagging, channelling
sweering, draining, conserving and lighting
street or streets.

(2) The provisions of this Act and the bye-laws

made thereunder a to the width of the public streets
and the height of building abutting thereon, shall apply
in the case of streets referred to in sub-section (1) and

all the particulars referred to in the sub-section shall
be subject to the sanction of the Standing Committee.

(3) Within sixty days after the receipt of any

application under sub-section (1) the Standing Com­
mittee shall either accord sanction to the lay-out plan
on such conditions as it may think fit or disallow it or
ask for further information with respect to it.

(4) Such sanction shall be refused, if— g

(a) the particulars shown in the lay-out

plan would conflict with any arrangements
which have been made or which are in the
opinion of the Standing Committee likely
to be made for carrying out any general
scheme of development of the city whether
contained in the Master Plan or a Zonal
Development Plan prepared for the city or
n o t; or


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(b) the said la\-out plan does not conform to

the provision of this Act and bye-laws

made thereunder, or

(c) any street proposed in the plan is not

designed so as to connect at one end with a
street which is already open.

(5) No person shall utilise, sell or otherwise deal

with any land or lay-out or make any new street
without or otherwise than in conformity with the
orders of the Standing Committee and if further
information is asked for, no step shall be taken to
utilise, sell or otherwise deal with the land or to lay­

out or make the street until orders have been passed
upon receipt of such information:

Provided that the passing of such orders shall not

be in any case delayed for more than sixty days after
the Standing Committee has received the information
which it considers necessary to enable it to deal with
the said application.

(6) The lay-out plan referred to earlier in this

section shall,. if so required by the Standing Com­
mittee, be prepared by a licensed Town Planner at the
cost of the beneficiary.

371. (1) If any person lays cut or makes any

_or^demo"_ s t r e e t referred to in section 370, without or otherwise

tion of street than in conformity with the orders of the Standing
made in Committee, the Commissioner may, whether or not the

breach of offender be piosecuted under this Act, by notice
section 370. r e q u ir e _

(a) the offender to show cause by a

written statement signed by him and sent
to the Commissioner on or befose such date
as may be specified in the notice, why

such street should not be altered to the

   - satisfaction of the Corporation and if

such alteration be impracticable why

such street should not be demolished, or

   - (b) the offender to appear before the

Commissioner either personally or by **a**
duly authorised agent on such day and at
such time and place as may be specified dn
the notice and show cause as aforesaid.

(2) If any person on whom such notice is served

fails to show cause to the satisfaction of the Commis­
sioner why such street should not be so altered or

demolished, the Commissioner may pass an order

directing the alteration or demolition of such street
with the approval of the Standing Committee.


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Fewer of 372; (1) If any private street or part thereof is not

ner'to'order l[e v e] ^ [e<]^> paved, metalled, flagged, channelled, sewered,

work° tT be drained, conserved or lighted to the satisfaction of the
cerried out Commissioner, he may by notice require the owner of
or carry it such street or part and the owners of the lands and
in[11] d e f a u l buildings fronting or abutting on such street or part

to carry out any work which in his opinion may be
necessary, and within such time as may be specified in
uch notice.

(2) If such work is not carried outs within the

time specified in the notice, the Commissioner may, if,
he thinks fit, execute it and the expenses incurred shall

be paid by the owner referred to in sub-section (1) in
such proportion as may be determined by the Com­
missioner and shall be recoverable from them as an

arrear tax under this Act.

(3) If any street has been levelled, paved,

metalled, flagged, channelled, sewered, drained, con­

served and lighted under the provisions of sub-sections

(1) and (2), the Commissioner may, with the approval

of the Standing Committee and on the requisi­

tion of a majority of the owners referred to

sub-section (1), shall declare such a street to be a

public street and thereupon the street shall vest in the

Corporation.

Precautions 373. (1) The Commissioner shall, so far as prac-

dunng re- ticable during the construction or repair of any pub­

pair ef street jjc strcet[, ] or a n [y municipal drain or any premises ]

vested in the Corporation—

(a) cause the same to be fenced and guarded,

(b) take proper precautions against accident

by shoeing up and protecting the adjoin­
ing buildings, and

(c) cause such bars, chains or posts to be fixed

across or in any Street in which any such
work of construction or repair is under
execution as are necessary in order to

prevent the passage of vehicles or animals

and avert danger.

(2) The Commissioner shall cause such street,

drain or premises to be sufficiently lighted or guar­

ded during night while under construction or repair.

(3) The Commissioner shall, with all reasonable

speed, cause the said work to be completed, the
ground to be filled in, the said street, drain or

premises to be repaired and the rubbish occasioned

thereby to be removed.


-----

(4) No person shall, without the permission of

the Commissioner or other lawful authority, remove

any bar, chain, post or shoring, timber, or remove
or extinguish any light set up under this section.

Naming and 374. (1) The Commissioner may—

numbering

of streets. (a) with the sanction of the Corporation

determine the name or number by which
any street or public place vested in the
Corporation shall be known ;

(b) cause to be put up or painted at a

conspicuous part of any building, wall
or place, at or near each end, corner or
entrance of such street or on some
convenient parr of such street, the name
or number by which it is to be known ;

(c) cause to be put up or painted on boards of

suitable size the name of any public
place vested in the Corporation ; and

(d) determine the number or sub-number by

which any premises or part of such pre­
mises shall be known and cause such
number or sub-number to be fixed to the
side or outer door of such premises or
to some place at the entrance of the

enclosure thereof.

(2) No person shall destroy, remove, deface or

in any way injure or alter any such name or number
or sub-number put up or painted by order of

the Commissioner.

Measures **_fo[r]_** 375. The Commissioner shall-

lighting.

(a) take measures for lighting in a suitable

manner all such public streets and

public place as may be specified by the
Standing Committee ;


-----

(b) procure, erect and maintain such number

of lamps, lamp posts and other

appurtenances as may be necessary for

the said purpose ; and

(cl cause such lamps to be lighted by means of

oil, electricity or such other light as the
Standing Committee may determine.

Provision for 376. The Commissioner, on the application of

lighting 1of the owners of a private street, may enter into ar-

steet'[V at]b' rangements for the lighting of such street on such
Corporation terms as may be agreed upon between him and

on applica- such owners and shall thereafter in respect of such <

tion of street have all the powers conferred by section 375.

owners.

Pr®hibition 377. (1) No person shall, without lawful autho­

rs mo val, rity, take away or wilfully or negligently break

Tamps? o r throw down or damage—

(al any lamp or any appurtenance of any lamp

or lamp post or lamp iron set up in any
public street or any public place,

(b") any electiric wire for lighting such lamn ;

and

(cl any post, pole, standard, stay, strut,

bracket or other contrivance for carrying',
suspending or supporting any electric

wire or lamp

(21 No person shall wilfully or negligently

extinguish the light of anv lamu set uo in any public
street or any public place.

(3) If any person wilfully or through negligence

or accident breaks, or causes any damage to, any of
the things described in sub-section (II, he shall in

addition to any penalty to which he may be subjected
under this Act, pay expenses of repairing the damage
so done by him.


-----

**PART VII**

###### GHAPTFB XXVII

**Powers, Procedures, Offences and Per nlties**

Licences and written permissions

Signatures, 378. (1) Whenever it is provided in this Act or

conditions^ any rule or bye-law made thereunder that a licence or

duration, a [ written permission may be granted for any purpose, ]

suspension, s u c [h H]c e n [ce or written permission shall be signed by ]

etc^^of"’ [t h e] Commissioner or by the municipal employee

licensesand empowered to grant the same under this Act or the
written per- r u les or bye-laws made thereunder or by any autho-
missions. r [ised municipal employee and shall specify in addition ]

to any other matter required to be specified under any
other provision of this Act or any provision of any.
bye-law made thereunder—

(a) the date of the grant thereof •

(b) the purpose and the period, for which it

is granted ;

(cl restrictions or conditions, if any, subject to

which it is granted ;

(dl the name and address of the person to

whom it is granted ; and

(el the fee, if any, paid for the licence or

written permission ; and

(f) any other conditions that may be imposed

from time to time.

(21 Except as otherwise provided in this Act or

any rule or bye-law made thereunder, for every such
license or written permission a fee may be charged at
such rate as may from time to time be fixed by the Cor­
poration and such fee shall be " payable by the person

to whom the licence or written permission is granted.

(3) Save as otherwise provided in this

Act or any rule or bye-law made thereunder,

any licence or written permission granted under
this Act or any rule or bye-law made

thereunder may at any time be suspended or

revoked by the Commissioner or by the employee by
whom it was granted, if he is satisfied that it has been

secured by the grantee through mis-representation

or fraud or if any of its restrictions or conditions has
been infringed or evaded by the grantee, or if the

grantee has been convicted for the

contravention of any of the provisions of this Act or
any rule or bye-law made thereunder relating to
any matter for which the licence or permission has
been granted ;


-----

Provided that—■

(a'i before making any order of suspension or

revocation reasonable opportunity shall be
afforded to the grantee of the licence or
the written permission, to show cause why
it should not be suspended or revoked, and

(bl every such order shall contain a brief

statement of the reasons for the suspension
or revocation of the licence or the written
permission.

(41 When any such licence or written permission

is suspended or revoked, or when the period for
which the same was granted has expired, the grantee
shall, for all purposes of this Act or any rule or
bye-law made thereunder, be deemed to be without
a licence or written permission until such time as
the order suspending or revoking the licence or

written permission is rescinded or until the licence
or written permission is renewed.

(51 Every person to whom a licence or permission

has been granted shall produce it at all reasonable
hours for inspection, if so requited by the Commis­
sioner or any employee authorised by him in this
behalf.

Entry and Inspection

**Power of** 379. The Commissioner or any municipal

**entry and** employee authorised or empowered in this behalf bv or
**inspection.** under any provision of this Act, may at all reasonable

hours enter into or upon any land or building with or
without assistants and workmen for the purpose of—

(a) ascertaining whether there is or has

been on or in connection with the

land or building any contravention of the
provisions of the Act or any rule or bye-law
made thereunder;

(b) ascertaining whether or not circum­

stances exist which would autho­

rise or require the Commissioner or any
municipal employee authorised or empowerd
in this behalf to take any action or execute
any work under this Act or any rule or bye­
law made thereunder ;

(c) taking any action or executing any

work authorised or required by

this Act or any rule or bye-law made there­
under ;


-----

(d) any inquiry, - inspection examination,

measurement, valuation or survey authorised
or required by or under this Act or necessary
for the proper administration of this A ct;
and

(e) efficient discharge of the functions generally

by any of the municipal authorities under this
Act or any rule or byc-law made thereunder.

Power to 380.(1) The Commissioner or any person autho-

oxter adjoin-r jgec] jn this behalf by him or empoweved in this behalf
relation (• o r U n(*c r a n Y provision of this Act, may enter on

any w®rk. any land within fifty yards of any work authorised

by or under this Act with or without assistants and
workmen for the purpose of depositing thereon any
soil, gravel, stone or other materials or for obtaining

access to such work or for any other purposes c®n-
n««ted with the execution of the same.

(2) The person so authorised shall, before entering

on any such land, state the purpose thereof, and

shall, if so required by the owner or oecupier there­
of, fence off so much of the land as may be required
for such purposes

(3) The person so authorised shall, in axarcising

any power conferred, by this section, do as little

damage as possible and compensation as assessed
by the Commissioner shall be payable by the

Corporation in accordance with rules and bye-laws
made in this behalf to the owner or occupier of
such land or to both for any such damage, whether
permanent ®r temporary.

Breaking 381.(1) It shall be lawful for the Commissioner

,lt0- or any person authorised or empowered in this behalf

by or under any provision of this Act, to make any
entry into any place, and to open or cause to be
opened any door, gate or other barrier, if:—

**(a)** he considers the opening thereof necessary

for the purpose of such entry ; and

(b) the owner or occupier is absent or being

present refuses to open such door, gate or
barrier.

(2) Before making any entry into any such place

or opening or causing to be opened any such door,
gate or Other barrier, the Commissioner or the person
authorised or empowered in this behalf shall call
upon two or more respectable inhabitants of the

locality in which the place to be entered into is situated
t® witness the entry or opening and may issue an

         - d®r i® writiag 1® tk®m or anv ®f them s® ta do.

i


-----

(3) A report shall be made to the Standing Com­

mittee as soon as may be after any entry has betn
made into any place or any door, gate or other barrier
has been opened under this section.

Time of 382.(1) Save as otherwise provided in this Act or

        - [akin]®t['][ n] [' ] [a n y r u][ ’][e o r] [ bye-law made thereunder, no land or buil- ]

' ding shall be entered without the consent of the occu­

pier, or if there is no occupier, of the owner thereof
and no such entry shall be made without giving the
said owner or occupiers as the case may be not less
than twenty-four hours written notice of the intention
to make such entry:

Provided that no such notice shall be necessary if 4

the place to be inspected is a factory or workshop or
trade premises, godown or a place used for any of the
purposes specified in section 373 or a stablb for horses
or a shed for cattle or a latrine or urinal or a work _k_
under construction or for the purpose of ascertaining
whether any animal intended for human food is
slaughtered in that place in contravention of this Act
or any rule or bye-law made thereunder.

(2) When any place used as a human dwelling is

entered under this Act, due regard shall be paid to
the social and religious customs and usages of the
occupants of the place entered, and no apartment in
the actual occupancy of a female shall be entered or

broken open until she has been informed that she is at
liberty to withdraw and every reasonable facility has
been afforded to her for withdrawing.

tiot/of ob3- 333. No person shall obstruct, or molest any per-

truetion or [8 o n] authorised or empowered by or under this Act or
moleitation any person with whom the Corporation or any of
in execution the municipal authorities specified in section 4 has
° [w o r] ' lawfully contracted, in the execution of his duty or

of anything which he is authorised or empowered or
required to do by virtue or in consequence of any
of the provisions of this Act or any bye-law or rule
made thereunder or in fulfilment of his contract, as
the case may be.

**Public Notices and Advertisements**

Public No- 384. Every Public notice given under this Act

^°e or any rule or bye-law made thereunder shall be in

kaawn. writing under the signature of the Commissioner or any

municipal employee authorised in this behalf and


-----

shall be widely made known in the locality to be affec­
ted thereby, by affixing conies thereof in conspicuous
public places within the said locality or by advertise­
ment in local newspapers or by any two or more ol
these means and by any other means that the appro­
priate municipal authority may think fit.

**N otice, etc.**

**Notice*,** 385. Where any notice, bill, order or requisition

**•te., to fix** used or made under this Act or any rule, or

**reasonable** bye-law made thereunder requires anything to be

tim ®’ done for or the doing of which no time is fixed

in this Act, rules or bye-laws, the notice, bill, order or
lequisition shall specify a reasonable t'me for doing the
**same.**

**Signature** 386. (1) Every licence, written permission,

**an notices,** notice, bill, schedule, summons or other docu-

**ctc., may be** m e n t required by this Act or by any rule or bye-law to
**stamp* .** bear the signature of the Commissioner or of any

municipal employee shall be deemed to be properly
signed if it bears a fascimile of the signature of the

Commissioner or of such municipal employee, as the

case may be, stamped thereon.

(2) Nothing in this section shall be deemed to

apply to a cheque drawn upon the Municipal Fund
under any of the provisions of this Act, or to any deed

of contract.

**Noti c es** 387. All notices, bills, summonses and other

**• t c., by documents required by this Act or any rule or bye-**

**whom to be** ja w r o a de thereunder to be served upon or issued to,

**hsu*d*** **°** **[r]** any person, shall be served or issued by municipal

employees authorised in this behalf.

**Services of 388. (1)** Every notice, bill, summons, order, **requi-**

noti««,«tc. gition or other document required or authorised by

this Act or any rule or bye-law made thereunder to be

served or issued by or on behalf of the Corporation,
or by any of the municipal authorities specified in
section 4 or any municipal employee on any person,
save as otherwise provided in this Act or such rule or

j bye-law, be deemed to be duly served—
<.

(a) where the person to be served is a com­

pany, if the document is addressed to the
Managing Director or to the Secretary at
the Company at its registered **office or** at
its principal office or place of business and
is **cither—**

(i) sent by registered post, or

(ii) delivered at the registered office or at

the principal office or place of business
of the company ;


-----

(b) where the person to be served is a partner­

ship firm, if the document is addressed to
the firm at its principal place of business,

identifying it by the name or style under
which its business is earrisd on, and is
either—

(i) sent by registered pest, or

(ii) delivered at the said place of business ;

(c) where the person to be served is a public

body, or a corporation, society or other body
if the document is addressed to the Secretary,
Treasurer, or other head officer of the body,

aorporation or ssciety at its principal offiae,

and is either—

sent by registered post ; or

(ii) delivered at that office ; and

/d) in any other case, if the document is

addressed to the parson to be served and—

(i) is given or tendered to him, ®r

(ii) if such person cannot be found, is affixed

on some conspicuous part of his last known
place of residence or business, if within the
State, or is given or tendered to some
adult member of his family or is affixed
on some conspicuous part of th« land or
building, if any, to which it relates, or

(lit) is sen‘ by registered post to that person.

(2) Any document which is required or authorised
be.served on the owner or occupier of any land or

building may be addressed “ the owner” or “ the occu­
pier’’, as the case may be, of that land or building

(naming that land or building) without further name
or description, and shall be deemed to be duly

served—

(a) if the document so addressed is sent or deli­

vered in accordance with clause (d) of sub­
section (1) ; or


-----

(b) if the document so addressed or a copy there­

of so addressed, is delivered to some person

on the land or building or, where there is no
person on the land or building to whom it

ca» be delivered, **is affixed** to **some** wnspicu-
ous part ®f ths land or building.

(S) **Where** a document is served a partnership

firm in accordance with this section, the document

shall be deemed to be served on each partner.

**(4) For the purpose of enabling any document to be**

served on the owner of any premises the Commissioner

may by notice in writing require the occupier of the

premises t® state the name and address of the owner
thereof

(5) Where the person on whom a do ument is to

be served is a minor, the service upon his guardian or
any adult member of his family shall be deemed to be
service upon th® miner.

(6) Nothing in Sections 386 and 887 and in this

section shall apply to any summons issued under this
Act by a Court.

(7) A servant is not a member of the family within

the meaning of this section,

**Servisesef** 389. Notwithstanding anything contained in

or **notiee^f Sections 387 and 388 a bill for any tax or a notice**
d«mand by of demand may be served by sending it by ordinary
ord in«ry post with a pre-paid letter under a certificate of

**P*st-** posting addressed to the appropriate person specified
in Section 388 at his last known place of residence
or business and in proving the service of every

bill or notice so sent it shall be sufficient to prove
that the letter was properly addressed and posted
under a certificate of posting.

**powers** ii 390. In the event of non-compliance with the

**eaie** »f non-t e f m . o [f ] a n y [ notice, order or requisition ] issued

wiAP noticet o a n ? person under this Act or any rule or

ote. bye-law made thereunder, requiring such person

to **execute** any work or to do any act it ' shall
be lawful for the authority or officer at whose

nstance the notice, order or requisition has been

issued, whether or not the person in default is

liable to punishment for such default or has been
prosecuted or sentenced to any punishment therefor,

after giving notice in writing to such person, to
take such action or such steps as may * be neces­

sary for the completion of the act or the work

required to be done or executed by such person

and all the expenses incurred on such account


-----

shall be payable to the Commissioner on demand

and if not paid within fourteen days after

such demand, shall be recoverable as an arrear

of tax under this Act.

RECOVERY OF EXPENSES

Liability of. 391. (1) If any notice, order or requisition has

pay[UI]inde-[t0] been issued to any person in respect of property 4

fault of of which he is the owner, the authority or muni­

owner. cipal employee at whose instance such notice, order

or requisition has been issued, may require the

occupier of such property or of any part thereof

to pay to him, instead of to the owner, any rent

payable by him in respect of such property, as it
falls due up to the amount recoverable from the

owner under section 390 :

Provided that if the occupier refuses to dis­

close the correct amount of the rent payable by him
or the name or address of the person to whom

it is payable, the authority or municipal employee
may recover from the occupier the whole amount
recoverable under Section 390 as an arrear of tax
under this Act. ... .

(2) Any amount recovered from an

occupier instead of from an owner under sub­

section (1) shall, in the absence of any contract

between the owner and the oecupier to the contrary,

be deemed to have been paid to the owner.

Execution of 392. Whenever the owner of any land or

occupier °in building fails to execute any work which he is required
default of to execute under this Act or any rule or bye-law

owner and made thereunder the occupier, if any, of such

deduction of nv[ building may, with the approval of ] the

fronT'rent. C [o m m] ’ [,s] *o n e r ’ e x e c u t e t h e s a id w o r k a n d he shall

™ " subject to any contract between the owner and

occupier to the contrary, be entitled to recover

fr 0 m the owner the reasonable expenses incurred

by him in the execution of the work and may

deduct the amount thereof from the rent payable
by him to the owner.

and 393- Where any person, by reason of his

trustees. receiving rent of immovable property as a receiver,

agent or trustee or of his being a receiver, agent or

trustee of the person who would have received the rent
if the property were let to a tenant, would under this
Act or any rule or bye-law made thereunder,

ha bound to discharge any obligation imposed on the


-----

207

owner of the property for the discharge of

which money is required, he shall not be bound
to discharge the obligation unless he has, or but
for his own improper act or default might have
had, funds in his hands belonging to the owner

sufficient for the purpose.

(2) The burden of proving any fact entitling a

receiver, agent or trustee to relief under sub-section
(1) shall lie upon him.

(3) Where any receiver, agent or trustee has

claimed and established his right to relief under

this section, the Commissioner may, by notice in

writing, require him to apply to the discharge of"
his obligation as aforesaid the first moneys which may
come to his hands on behalf, or for the use of

the owner and on faiiute to comply with the notice
he shall be deemed to be personally liable to

discharge the obligation.

**Paym ent o f Compensation**

G e n e r a l "94. In any case not otherwise expressly pro­

power pay com­to vided for in this Act or in any rule or bye-law

pensation. made thereunder, the Commissioner, with the

previous approval of the Standing Committee, may
pay compensation to any person who sustains

damage by reason of the exercise of any of >he

powers vested by this Act or any rule or bye-law
in the Commissioner or in any municipal employee.

Compen­ 395. (1) Any person who has been convicted of

sation to be

paid by an offtnce against this Act or any rule or bye-law

          - tfend«rs for made thereunder shall, notwithstanding any

d a m a g e punishment to which he may have been sentenced

caused by for the said offence be liable to pay such com­

them .

pensation for any damage to the property of the

Corporation resulting from the said offence as the
Commissioner may consider reasonable.

(2) In the event of a dispute regarding the

amount of compensation payable under sub-section
(J) such amount shall, on application made to him,
be determined by the Magistrate before whom the
said person was convicted of the said offence; and
on non-payment of the amount of compensation
so determined the same shall be recovered under
a warrant from the said Magistrate as if it were
a fine imposed by him on the person liable

therefor.


-----

**Recovery** **of expenses or compensation** **in**

**case of dispute.**

**Reference** 396.(1) If, when the Commissioner demands

t» **the court** payment of any expenses referred to in section
**of the Dis­** 390, his right to demand the samt or the amount

i» trict f oertain J»«<r of the demand is disputee within fourteen days after

**CMC.** such demand, the Commissioner shall refer the case

far determination to the Court of District Judge.

(2) The Commissioner, shall, pending the

decision of any such reference, defer further

proceedings for the recovery of the sum claimed by
him and shall, after the decision, proceed to recover _4_
only such amount, if any, as is thereby declared to be
due in manner referred to in section 890.

Application 397.(1) Where, in any oase not provided for _t_

to the court by section 895, the Corporation - or any municipal
of District employee is required by this Act or any rule or bye­

Judge in

other cases. law made thereunder to pay any expanses cr any

compensation the amount to be so paid and if

necessary, the apportionment of the same, shall, in
cate of dispute be determined by the court of District

Judge o» application having been made to it for this

purpose at any time within three months from the date
when such expenses or compensation first become
claimable.

(2) If the aneuHt of aay expenses or compen­

sation ascertained in accordance with sub-section _(1)_
is not paid by the person liable therefore on demand
it shall be recoverable as if the same were due under
a decree passed by the Court of the District Judge in
an sriginal suit fried by it.

**Power to** 398 Instead ®f proceeding in the manner

**sue for ex­** aforesaid for the recovery cf any expenses or compen­
**penses** **• r** sation of which the amount due has been ascertained

**compensa­** as hereinbefore provided, or after such proceedings
**tion.**

have been taken unsuccessfully or with only partial
suceess, the sum due or the balance of the sum due,
as the case may be, may be recovered by a suit, i-
brought against the person liable for the same in any
court of competent jurisdiction.

**Recovery of certain dwoo**

**Mode** w of 399. In any case not expressly provided for in

**recovery** this Act or any rule or bye-law made thereunder aay
**cert i* d csu** tuna due to the d u e to tne u u rp u in u v u Corporation on account of v** ------- -- —any ,

charge, costs, exoenses, fees, rates of rent er o\i , cods, exnenses, fees, rates of rent or e\i any any

          - other iuwr account under this Act or any such rule or
bye law may be iccoverable from any person from
whom sueh sum is due as an arroar of fax under
this Act.


-----

209

###### Obstruction of owner by occupier

Right of 400.(1) The owner of any land or building may,

™ the P[r e v e n] ted by the occupier thereof from com-

court of'Dis-ply‘[n] a with any provision of this Act or any rule or
trict Judge bye-law made thereunder or with any rotice, order
in case. of of requisition issued under such provision apply to

b occ^'i[11] court of the District Judge, and where such

y occupier. a pp]jc a t ;o n ;s m a j e w ithin any time tl at may be

fixed for the compliance with such p ovisions or

notice, order of requisition, the owner hall not be
liable for his failure to comply with the provision or

   - notice, order of requisition within the time as fixed.

(2) The Court, on receipt of such application

. may make a written order requiring the occupier of the

   - land or building to afford all reasonable facilities to
the owner for complying with the said provision or
notice, order of requisition and may also, if it thinks
fit, direct that the costs of such application and order
be paid by the occupier.

(3) After eight days from the date of the

order referred to in sub-section (2), the occupier
shall afford all such reasonable facilities to the

owner for the purpose aforesaid as may be specified
in the order ; and in the event of his continued refusal
to do so, the owner shall be discharged during the
continuance of such refusal from any liability which
may have been otherwise incurred by reason of his
failure to comply with said provision or notice,

order of requisition.

PROCEEDINGS BEFORE THE COURT OF

THE DISTRICT JUDGE

General 401, The procedure provided in the Code of Civil

«- procedunTof ^>r0Ce<^u r e ’ ^ 0 8 , in regard to suits shall be followed

, the Court of [a s] ^a r a s it c a n be made applicable, in the disposal of

the District applications, appeals or references that may be

Judge. made to the Court of the District Judge under this Act
or any rule or bye-law made thereunder.

Fees in 402.(1) The Government may, by notification in

before *tf» [t] ^i e Official Gazette, prescribe what fees shall be

Court of the paid
D is tr ic t

Judge.


-----

###### 210

**(a)** on any application, appeal **or reference**

under this Act or any rule or bye-law made

thereunder to the Court of the District Judge ; and

(b) for the issue, in connection with any

inquiry or proceedings before that court under

this Act or such rule or bye-law of any summons

or other process;

Provided that the fee, if any, prescribed under

clause (a) shall not, in cases in which the value of

the claim or subject matter is capable of being
estimated in money, exceed the fees leviable for the

time being under the provisions of the Court-Fees

Act, 1870, in case in which the amount of the

claim or subject matter is of like amount.

(2) The Government may, by like notification,

determine the person by whom the fee, if any, prescrib­
ed under clause (a) of sub-section (i) shall be payable.

(3) No application, appeal or reference shall

be received by the Court of the District Judge until
the fee, if any, prescribed therefor under clause (a)
of sub-section (1) has been paid;

Provided that the court may in any case in which

it thinks fit so to do:—

(i) receive an application, appeal or

reference made by or on behalf of a poor

person ; and

(ii) issue process on behalf of any such

person, without payment or on part payment
of the fees prescribed under this section.

Repayment 403. Whenever any application, appeal or refer-

of half fee rncemade under this Act or any rule or bye-law made
on settle- thereunder to the Court of the District Judge is settled

fore[11] hear- [b] Yagreement between the parties before the hearing,

ing. " half the amount of all fees paid up to that time shall

be repaid by the court to the parties by whom the
same have respectively been paid.

Punishment _4U-_ Whoever—

for certain

           - fences. (a ) contravenes any provision of any of **the**

sections, sub-sections, clauses, provisions **or**

other provisions of this Act, or

(b) fails to comply with any order or direction

lawfully given to him of any requisition lawfully


-----

made upon him under any of the said sections,

sub-sections, clauses, provision cr other provisions
shall be punishable-—

(i) with fine which may extend to the amount

or with imprisonment for a term which
may extend to the period, to be specified
in that behalf ; and

(ii) t [sin the case of a continuing contravention ][or]

failure, with an additional fine which

may extend to the amount specified in the
third column of that table for every day
during which such contravention or failure
continues after conviction for the first

such contravention or failure,

405. W h o e v e r , in any case in whicl \

PWhy- penalty is not expressly provided by this Act, fails to

comply with any notice, order or requisition issued
under any provision thereof, or otherwise contravenes
any of the provisions of this Act, shall be punishable
with fine which may extend to one hundred rupees,
and in the case of continuing failure or contravention,

with an additional fine which may extend to twenty
rupees for every day during which he has persisted
in the failure or contravention.

406. (1) Where an offence under this Act,

fcy has been committed by a company, every person who,

Afe*. at the time of the offence was committed, was in
charge of, and was responsible to, the company for
the conduct of the business of the company as well
**as** the company, shall be deemed to be guilty of
**the offence and shall be liable to be proceeded** against
and punished accordingly:

Provided that nothing contained in this sub­

section shall render any such person liable to any
punishment provided in this Act if he proves that the

offence was committed without his knowledge or

**that** he exercised all due diligence to prevent commis­
**sion** of such offence.

(2) Notwithstanding anything contained in sub*

section (1) where an offence under this Act has

**been committed** by a company and it is proved **that**
**the** offence has been committed with the consent
**or** connivance of, or is attributable to any

neglect on the part of any director, manager,

secretary or other officer of the company, such

director, manager, secretary or other officer shall also
**be deemed to** be guilty of that offence and shall be
liable to be proceeded against and punished

accordingly.


-----

Explanation:—For the purposes of this section—

(a) “ Company” means a body corporate, and

ir eludes a firm or other association of

ir dividuals ; and

(b) lirector” in relation to a firm means and

ir eludes a partner in the firm.

Prosecutions. 407. Sav as otherwise provided in this Act,

no court shal proceed with the trial of any offence made
punishable by or under this Act except on the complaint
of, or upon information received from, the Commis­
sioner or a person authorised by him by a general or
special order in this behalf.

Compounding 408. (1) The Commissioner or any person authori-
of offences. sec] foy j1;m by ge n e r a i o r special order in this behalf

## *

may, either before or after the institution of the pro­
ceedings, compound any offence made punishable by or
under this Act.

(2) Where an offence has been compounded, the

offender, if in custody, shall be discharged and no fur­
ther proceedings shall be taken against him in respect
of the offence so compounded.

Duties of 409. It shall be the duty of every police officer­
police officer.

(a) to communicate without delay to the proper

municipal officer any information which he

receives of the design to commit or of the commission
of any offence under this Act or any rule, bye-law or
regulation made under i t ; and

(b) to assist the Commissioner or any municipal

officer or staff or any person to whom the Commis­
sioner has lawfully delegated powers, reasonably de­

mands his aid for the lawful exercise of any power

vesting in the Commissioner or in such munici­

pal officer or staff or person under this Act or

any such rule, bye-law Or regulation, and for all such
purpose he shall have the same powers which he has
in the exercise of his ordinary police duties.

Power of 4io. if a ny police officer sees any person

police officer c o m m itting an offence against any of the provisions of
person. Act or of any rule, bye-law or regulation made

under it, he shall, if the name and address of such
person are u known to him and if the said person

on demand d eclines to give his name and address or
gives a name and address which such officer has

reason to bel ;ve to be false, arrest such person.

(2) No person arrested under sub-section (1)

shall be detained in custody—•

(a) after his true name and address are ascer­

tained, or

(b) without the order of a magistrate for any

time, not exceeding twenty-four hours from
the hour of arrest, than is necessary for

bringing him before a magistrate.


-----

Exercise of 411. The Government may empower any

Police[5] offi[f m u n] *c ‘Pa ^ officer or staff or any class of municipal

cerby muni'- officers or staff to exercise the powers of a police
cipal emp- officer for the purpose of this Act.
loyeei.

P 0 w c r to 412. The Commissioner may—

institute,

withdraw,
etc., legal (a) take, or withdraw from, proceedings

proceedings against any person who is charged with,—
and obtain
legal advice. (i) any offence against this Act or any rule or

bye-law made thereunder, or

(ii) any offence which affects or is likely to

affect any property or interest of the
Corporation or the due administration of
this Act, or

(iii) committing any nuisance whatsoever;

(b) contest or compromise any appeal against

rateable value or assessment of any tax

ox rate ;

(c) take, or withdraw from or compromise

proceedings under sections 395, 396 and 397
for the recovery of expenses or compensation
claimed to be due to the Corporation ;

(d) withdraw or compromise any claim for

a sum not exceeding five hundred rupees

against any person ;

(e) defend any suit or other legal proceedings

brought against the Corporation or against
the Commissioner or a municipal employee
in respect of anything done or committed
to be done by any one of them in the

official capacity ;

(f) with the approval of the Standing Commit­

tee, admit or compromise any claim, suit,
or other legal proceedings brought against
the Corporation or against the Commissioner

or any municipal employee in respect of any­
thing done or committed to be done as

aforesaid ;

(g) withdraw or compromise any claim against

any person in respect of a penalty payable
under a contract entered into with such

person by the Commissioner on behalf of
the Corporation ;                 -


-----

(h) institute-and prosecure any suit or other

legal proceedings, or with the approval of the

Standing Committee withdraw from or com­
promise any suit or any claim for any sum
not exceeding five hundred rupees which has
been instituted or made in the name of
the Corporation or of the Commissioner ; and

(i) obtain such legal advice and assistance as he

from time to time thinks necessary or expe­
dient to obtain or as he may be required by
the Corporation or the Standing Committee

to obtain, for any of the purposes mentioned
in the foregoing clauses or for securing lawful

          - exercise or discharge of' any power or duty
vesting in or imposed upon any municipal

authority or any municipal employee.

Protection 413. No suit or prosecution shall be entertained

to action of jn a n y C0Urt ■ against the Corporation or against any

ratio/°ete°" municipal authority or against any municipal employee

or against any person acting under the order or

direction of any municipal authority or any municipal
employee for anything which is in good faith done

or purported or intended to be done, under this
Act or any rule or bye-law made thereunder.

Notice t*be 414. (I) No suit shall be instituted against the

given efsuits.Corporation or against any municipal authority

or against any municipal employee or against

any person acting under the order or direction of

any municipal authority or any municipal employee
in respect of any act done, or purporting to have

been done, in pursuance of this Act or any rule,

or bye-law made thereunder, until the expiration

of two months after notice in writing has been left at
the municipal office and in the case of such employee or
person, unless notice in writing has also been

delivered to him or left at his office or place of
residence and unless such notice states explicitly the
cause of action, the nature of the relief sought,

the amount of compensation claimed, and the name
and place of residence of the intending plaintiff

and unless the plaint contains a statement that such
notice has been so left or delivered.

(2) No suit, such as is described in sub-section (1),

shall, unless it is a suit for the recovery of immovable
property or for a declaration of title thereto, be

instituted after the expiry of six months from the
date on which the cause of action arises.

(3) Nothing in sub-section (1) shall be deemed to

apply to a suit in which the only relief claimed is
an injunction of which the object would be defeated
by the giving of the notice or the postponement of

the institution of the suit.


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215

CHAPTER XXVIII

Rules, Regulations and Eye-laws

415. (lj Any regulation which may be made

by the Corporation under this Act, may also be made

by the State Government within one year of the estab­

lishment of the Corporation : and any regulation so
made may be altered or rescinded by the Corporation
in the exercise of its powers under this Act.

(2) No regulation made by the Corporation under

this Act shall have effect until it has been approved
by the State Government and published in the Official
Gazette.

**Fl«visi»M** 416. (1) Subject to the provisions of this Act the

Corporation may, in addition to any bye-laws which it

**Kyadawa.** is empowered to make by any other provision of this

Act, make bye-laws to provide for all or any of the
following matters, namely—

A. Bye-laws relating to taxation

(1) The maintenance of tax books and registers by

the Commissioner and the particulars which such

books and registers should contain ;

(2) the inspection of and the obtaining of copies

and extracts from such books and registers, and fees,
if any, to be charged for th. same ;

(3) the publication of rates ci taxes as determined

by the Corporation from time to time ;

(41 the requisition by the Commissioner of infor­

mation and returns from persons liable to pay taxes ;

(5) the notice to be given to the Commissioner by

any person who becomes the owner or possessor of a
vehicle or animal in respect of which any tax is pay­
able under this Act ;

(6) the wearing of badge by the driver of any such

vehicle and the display of number plate on such

vehicle ;

(7) the submission of returns by person liable to

pay any tax under this Act ;

(8) the collection by the Registrar or Sub-Registrar

of Gauhati appointed under the Indian Registration
Act, 1908, of the additional stamp duty payable to the
Corporation under this Act, the periodical payment
of such duty to the Corporation and the maintenance
by such Registrar or Sub-Registrar of separate accounts
; n relation thereto ; and

(9) any other matter relating to the levy, assess­

ment, collection, refund or remission of taxes under
this Act.


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216

B. Bye-laws relating to w ater supply,

drainage and sewage disposal

(1) The power of the Commissioner to close water­

works for the supply of water, whether for domestic
purposes or not, or for gratuitous use and to prohibit
the sale and use of water tor the purpose of business ;

(2) the connection of supply pipes for conveying to

any premises supply of water from a municipal water­
works ;

(3) the making and renewing of connections with

municipal water-works ;

(4) the power of the Commissioner to take charge

of private connections ;            -

(5) the power of the Commissioner to alter the

position of connections;

(6) the equitable distribution of water supplied to 4

occupiers ;

(7) the size, material, quality, description and

position of the pipes and fittings to be used for the
purpose of any connection or any communication
from any municipal water-works and the stamping of
pipes and fittings and fees for such stamping ;

(8) the size, material, quality and description of

pipes, cisterns and fittings which are found on an
examination under the provisions of this Act to be so
defective that they cannot be effectively repaired ;

(9) the provision and maintenance of meters

when water is supplied by measurement ;

(10) the prohibition of fraudulent and unauthorised

use of water and the prohibition of fraud in connec­
tion with meters ;

(11) the maintenance of pipes, cisterns and other

water-works;

(12) the regulation or prohibition of the discharge

or deposit of offensive or obstructive matters; polluted
water or other polluted and obnoxious matters into
sewers;

(13) the regulation in any manner not specifically

provided for in this Act for the construction, altera­
tion, maintenance, preservation, cleaning and repairs t
of drains, ventilations, shafts, pipes, latrine, urinals,

cesspools and other drainage works ;

(14) the cleansing of drains •
(15) the prohibition of erection of buildings over

drains without the permission of the Commissioner;

(16) the connection of private drains with muni­

cipal drains ;

(17) the location and construction of cesspools;
(18) the covering and ventilation of cesspools ;
(19) the period or periods of the day during which

trade effluent may be discharged from any trade pre­
mises into municipal drains;


-----

(20) the exclusion from trade effluent of all con­

densing water ;

(21) the elimination from trade effluen'j before it

enters a municipal drain, of any constituent which in
the opinion of the Corporation would, either alone or

in combination with any matter with which it is likely

to come into contact while passing through municipal
drains, injure or obstruct those drains or make

specially difficult or expensive the treatment or disposal
of the sewage from those drains ;

(22) the maximum quantity of trade effluent

which may, without any consent or permission to
discharge from any trade premises into municipal

drains on any one day and the highest rate at which
trade effluent may, without such consent or permis­

sion, be discharged from any trade premises into

municipal drains ;

(23) the regulation of the temperature of trade

effluent at the time of its discharge into municipal
drains and the securing of the neutrality of trade

effluent (that is to say, it is neither acid nor alkaline)
at the time of such discharge ;

(24) the charges to be paid to "the Corporation by

occupiers of trade premises for the reception of trade
effluent into municipal drains and disposal thereof ;

(25) the provision and maintenance of such an

inspection chamber or manhole as will enable a person
readily to take at any time samples of what is

passing into municipal drains from trade premises ; and

(26) the provision and maintenance of such

meters as may be required to measure the volume
of any trade effluent being discharged from any

trade premises into municipal drains, and the testing
of such meters.

C. Bye-laws re la tin g to streets

(1) the closure of streets when any work is in

progress and alternative passage during the progress
of such work ;

(2) the erections of a temporary nature during

festivals ;

(3) the setting up of boards on buildings adjacent

to streets during their construction or repair ;

(4) the precautions to be taken when permis­

sion is granted to any private individual fest opening
or breaking up any public street and the fees to
be paid for the restoration of a street in its ©ri«
ginal condition;


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218

(5) the permission, regulation **_or prohibition of_**

use or occupation of any street or place by itinerant
vendors or hawkers dr by any person for the

sale of articles or the exercise of any calling or

the setting up of any booth or stall and the fees
chargeable for such occupations; and

(6) any other matter in connection with the

construction, repair, maintenance, naming, number­
ing and lighting of streets for which provision is

necessary or should be made.

**D. Bye-laws relating to buildings**

(1) the regulation or restriction of the use of

sites for buildings for different areas ;

(2) the regulation or restriction of buildings in

different areas ;

(3) the form of notice of erection of any build­

ing or execution of any work and the fee in res­
pect of the same ;

**(4)** the plans and documents to be submitted

together with such notice and the information and
further information to be furnished ;

(5) the level and width or foundation, level

of lowest floor and stability of structure ;

(6) the construction of building and the mate­

rials to be used in the construction of buildings ;

(7) the height of buildings whether obsolute or

relative to the width of streets of different areas;

(8) the number and height of storeys composing

a building and the height of rooms and the dimen­
sions of rooms intended for human habitation ;

(9) the provision of open spaces, external and

**internal,** and adequate means of light and ventilation ;

(10) the provision of means of egress in case of

**fire,** fire-escapes and water lifting devices 5

(11) the provision of secondary means of access

far the removal of house refuse;

(12) the material and methods of construction

**• f** partition walls, roofs and floors ;

**(IS)** the position, materials and methods of cons­

truction of hearths, smoke-escapes, chimneys, **stair­**

**casts, latrines, drains and cesspools ;**


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(14) the provision of lifts j

(15) the paving of yards)j

(16) the restriction on the use of inflammable

materials in buildings j

(17) the restriction on construction of foundation

on certain sites ;

(18) the measures to be taken to protect buildings

for damp arising from sub-soil ;

(19) the wells, tanks and cisterns and pumps for

the supply of water for human consumption in connec-

» . tion with buildings ;

. (20) in the case of wells, the dimension of the

well, the manner of enclosing it and if the well is

   - intended for drinking purposes the means which shall
**be used to prevent pollution of the water j**

(21) the supervision of buildings;

(22) the setting back of garages and shops from

the regular line of a street; and

**(23)** the construction of portable structures and

permission for such construction.

**E. Bye-laws** **relating to** **sanitation** **er**

**public health**

(1) the position of latrines and urinals ;

(2) the provision of air spaces between latrines

and buildings or places used for various purposes ;

(3) the white-washing of buildings ;

**(4)** the provision of living accommodation for

sweepers in buildings newly erected requiring ten
or more latrines j

(5) the regulation or prohibition of the stabling

**or** herding of animals or any class of animals so **as to**
**prevent** danger to public health j

(6) the seizure of ownerless animals straying

within the limits of the city of Gauhatf and the
regulation and control of pounds j

(7) the fixing and regulation of the use of publie

bathing and washing places |

(6) the prevention of the spread of dangerous

**diseases;**


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220

(9) the segregation in or the removal or exclusion

from any part of the city or the destruction of animals
suffering or reasonably suspected to be suffering from
any infectious or contagious disease ;

(10) the supervision, regulation, conservation

and protection from injury, contamination or tres­

pass, of sources and means of public water supply
and of appliance for the distribution of water ;

(11) the enforcement of compulsory vaccination

and inoculation ; and

(12) the proper disposal of corpses, the regulation

and management of burning and burial places and
other places for the disposal of corpses and fees
chargeable for the use of such places . where the

same are provided or maintained at the expense of
the Municipal Fund.

F. Bye-laws relating to vital Statistics

(J) the prescribing of qualifications of persons to be

appointed as Registrars and Sub-Registrars under

**Chapter** XXV ; and

(2) the registration of births, deaths and mar­

riages and the taking of a census.

G. Bye-laws relating to public safety and

suppression of nuisances

The regulation or prohibition for the purpose of

sanitation or the prevention of disease or the pro­
motion of public safety or convenience, of

any act which occasions or is likely to occasion a
nuisance and for public safety or convenience, or for
the regulation or prohibition of which no provision
is made elsewhere in this Act.

H. Bye-laws relating to m arkets, slaughter­

houses, trades and occupations a

(.1) the days on, and the hours during which

any market or slaughter-house may be kept open
for use;

(2) the regulation of the design, ventilation and

drainage of markets and slaughter-houses and the
materials to be used in the construction thereof;

(3) the keeping of markets and slaughter-houses

and the lands and buildings appertaining thereto
in a clean and sanitary condition, the removal of
filth, rubbish and other polluted and obnoxious

matters therefrom and the supply therein of pure
water and of a sufficient number of latrines and
urinals for the use of persons using or frequenting
**the same;**


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221

(4) the manner in which animals shall be

admitted in slaughter-house ;

(5) the manner in which animals may be

slaughtered ;

(6) the provision of passages of sufficient width

between the stalls in market buildings and market
places for the convenient use of the public and the
prevention of encroachment on such passages ;

(7) the setting apart of separate areas for diffe­

rent classes of articles in market buildings and market
places;

(8) the disposal or destruction of animals offered

for slaughter which are, from disease or any other
cause, unfit for human consumption ;

(9) the destruction of carcasses which from any

disease or any other cause are found after slaughter
to be unfit for human consumption;

(10) the regulation of the entry of animals into

slaughter-house and the bringing out of the carcasses
of such animals after slaughter and the fee to be

paid for use of slaughter-houses;

(11) the proper custody and care of animals

for the keeping of which licences are granted ;

(12) the regulation of the import of animals

and flesh wihin the city ;

(13) the rendering of necessary licences for use of

premises within the city of Gauhati as stables or cow­
houses or as an accommodation for sheep, goat or
buffalo, and the fees payable for such licences and the
conditions subject to which such licences may be
granted, refused, suspended or revoked ; t

(14) the regulation of sarais, hotels, dak bunga­

lows, lodging houses, boarding houses, buildings,

let-in tenements, residential clubs, restaurants, eating
houses, cafes, refreshment rooms and places of public
recreation, entertainment or resort ;

(15) the control and supervision of places where

dangerous or offensive trades are carried on so as
to secure cleanliness therein or to minimise injuri­
ous, offensive or dangerous effects arising or likely to
arise therefrom;

(16) the regulation of the pasting of bills and

advertisements and of the position, size, shade or style
of the name boards, sign-boards and sign-posts;

(17) the fixation of a method for the sale of arti­

cle whether by measure, weight, piece or any other
m ethod;

(18) the procedure regarding the grant of permit

**to establish a** factory, workshop or trade **premises j**


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(19) the regulation of smoke in factories, work­

shops and trade premises;

(20) the regulation of sanitary conditions in facto­

ries, workshops, and trade premises;

(21) the regulation of the use in any factory,

workshop or trade premises of whistle, trumpet, siren
or horn worked by steam, compressed air, electricity
or other mechanical means; and

(22) the prevention of nuisance in any market

building, market place, slaughter-house or any factory
workshop or trade premises.

**I. Bye-laws relating to** **development**

(1) the form and content of a development

scheme or a rehousing scheme ;

(2) the procedure to be followed in connection

with the framing, submission, approval and sanction
of such schemes;

(3) the local inquiries and other hearings that

may be held before a scheme is framed, approved or
sanctioned ; and

**(4)** the alteration of a development scheme after

approval and sanction.

**J. Bye-laws relating to m iscellaneous m atters**

(1) the prevention and extinction of fire ;

(2) the circumstances and the manner in which

owners of land or building in the city temporarily
absent therefrom or not resident therein may be

required to appoint as their agents, for all or any
of the purposes of this Act or of any bye-laws

**made thereunder, persons residing within or near the**
city;

(3) the maintenance of schools and the further­

ance of education generally;

(4) the regulation and control of municipal hos­

pitals and dispensaries;

(5) the rendering of necessary licences—

(a) for the proprietors or drivers of hackney,

carriages, cycle-rickshaws and thelas kept

or plying for hire or used for hawking
articles ; and

(b) for persons working as job-porters for the

conveyance of goods;

(6) any other matter which is to be or may be

prescribed by bye-laws made under this Act or in
respect of which this Act makes no provision or
**makes** insufficient provision and provision is, **in**


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223

rhe opinion of the Corporation, necessary
for the efficient municipal government of
the city.

(2) Any bye-law which may be made under

sub-section (1) may be made by the State Government
within one year of the establishment of the Corpora­
tion, and any bye-law so made may be altered or
rescinded by the Corporation in the exercise of

its powers under sub-section (1).

(3) No bye-law made by the Corporation under

this Act shall have effect until it has been approved
by the State Government and published in the

Official Gazette.

417 (1) In making a bye-law under this Act

      - bye-law t b e Corporation may provide that a contravention

there of shall be punishable-

(a) with fine which may extend to five hundred

rupees, or

(b) with fine which may extend to five hundred

rupees and in the case of a continuing con­
travention, with an additional fine which

may extend to twenty rupees for every day
during which such contravention continue
after conviction for the first such contra

vention, or

(c) with fine which may extend to twenty

rupees for every day during which the con­
travention continues after the receipt of
a notice, from the Commissioner or any
municipal employee, contravening the bye­
law requiring such person to discontinue
such contravention.

(2) Any such bye-law may also provide that a

person ^contravening the same shall be required to
remedy so far as lies in his power, the mischief, if any
eaused by such contravention.

**Supplemen­** 418 The power to make bye-laws under this
**tary provi-** Act is subject to the conditions of the bye-laws being

**l i » s i**

**ragarduig** made after previous publication.
**bys-lawi.**

Bye-law to 41$ (1) A oopy of all bye-laws made under this

A c t Bha11 b c kcP1 a t t h e municipal office and shall

tien a*d during office hours, be open free of charge to inspection

purtkaw. by any inhabitant of the city.

(2) Copies of all such bye-laws shall be **kept at**

**the municipal office andsball be available for sale to**
**the public.**


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**PART VIII**

###### CHAPTER XXIX

**Supervision and guidance**

S e v e r »- 420. The Government may at any time require

*® t’» P[0]’ the Corporation (a) to produce any records corres-

_Fm record. pondence,_ plan or other documents in its possession

etc. ’ or under its control ; (b) to furnish any return, plan,

estimate statement, accounts or statistics relating to
the proceedings, duties or works of the Gorportion
or any of the municipal authorities; and (cl to furnish
or obtain and furnish any report.

G overn- 421. The Government may depute any Govern­

ment’. po- m e n t employee to inspect or examine any municipal
inspections" department, office service work or thing and to

to be mode, report thereon and any employee so deputed may, for

the purposes of such inspection or examination, exercise
all the powers conferred by section 420.

G o v e r n - .422.(1) If whether on receipt of any information

ment’s po- 0J, r e p O r{ obtained under section 420 or section 421
quhe perfor-[o r] otherwise the Government is of opinion—

mance o f
duties i n (a) that any duty imposed on the Corporation
default of or any municipal authority by or under
any munici­

this Act has not been performed or has

pal autho­
rity. been performed in an imperfect, inefficient

or unsuitable manner, or

(b) that adequate financial provision has not

been made for the performance of any such
duty, it may by an order direct the

Corporation or the municipal authority

concerned, within a period to be specified
in such order, to make arrangements to its
satisfaction for the proper performance of
the duty, or as the case may be to make

financial provision to its satisfaction for

the proper performation 1 of the duty,

and the Corporation or the 1' ~ municipal

authority concerned shall comply with such
order:

Provided that, unless in the opinion of the

Government the immediate execution of such order
is necessary, it shall before making an order under
this section give the Corporation or the municipal

authority concerned an opportunity of showing

cause why such order should not be made.


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(8) **If,** within the period specified in any order

issued under sub-section (1), any action directed
under that sub-section has not been duly taken, the
Government may make arrangements for the taking
of such action and may direct that all expenses

connected therewith shall be defrayed out of the
Municipal Fund.

**Ci® ver a-** 423. The Government may, after **considera-**

**we^t® annul [t]** ***o n** a n y representation which may be made by

illegal pro- Corporation, by Written order, annul **or omit from**

ceedings of the records any proceedings of the Corporation **which**

Corporation, it considers not to be in conformity with this Act, or

**any rules or bye-laws made thereunder and may do**
all things necessary t® secure such conformity.

G o v ern - **424.** If the Government is of opinion that

™C n t'to r°s" t *l c c x e c u l *o n °f a n ? resolution or order of the

pend action" Corporation or of any other municipal authority or

employee subordinate thereto or the doing of any act
which is about to be done or is being done by or on
behalf of the Corporation is in contravention of or in
exercise of the powers conferred by this Act or of any
other law for the time being in force or is likely to
lead to a breach of the peace or to cause injury or
annoyance to the public or to any class or body of
persons, the Government, may, by order in writing,
suspend the execution of such resolution or order, or

prohibit the doing of any such ac t:

Provided that, unless in the opinion of the

Government the immediate making of such order is
necessary, it shall, before making an order **under**
this section, give the Corporation or the municipal
authority concerned an opportunity of showing cause
why such an order should not be made.

G ov ern - 425.(1) If, at any time, the Government is satisfied

ment s po- t }l a t a [ Corporation is not competent to ] **[perform,]**

wd«[t0 SUpCl]"or persistently makes default in the performance of

the duties imposed on it by or under **this Act**
or **any** other law, or exceeds or abuses its powers,
the Government may, by notification in **which the**
reasons for so doing shall be stated, declare **the**

Corporation to be superseded for a period not

**exceeding one year:**

Provided that before such an order **is made,**

reasonable opportunity to show cause shall **be given**
to the Corporation.

(2) When a Corporation is so **superseded, the**

following consequences shall ensure, namely—

(a) all councillors shall from the date of the

notification vacate their **offices as stich**
without prejudice to their eligibility for
re-cl«»ti»» :


-----

, (b) such person or persons as the Government

may appoint in that behalf, shall, so
long as the supersession of the Corpora­
tion lasts, exercise and perforin, so far
as may be, the powers and duties of
the Corporation and shall- be deemed
to be the Corporation for the purpose,
and such person or persons shall comply

with such direction as may be given
to him or them by the Government,
from time to time, for carrying out the
purpose of this Act;

(c) all property vested in the Corporation shall

until it is reconstituted, vest in the Govern­

ment ; and,

(d) before the expiry of the period

of supersession election shall be held
for the purpose of reconstituting the
Corporation.

(3) The person or persons appointed by the

Government under clause (b) of sub-section (2)

shall be designated as administrator or council of
administrators and shall, where the Government so
directs, receive from the Municipal Fund such payment
for his or their services as the Government may,
from time to time determine.

Power of *26. (1) The Government may make rules

Government c o n s istent with this Act for carrying out all or any of
fornw^Vd [t] ^le P” r Po s e s t ^1’3 Act, and prescribe by rules such

make rule's” forms for any proceedings of the Corporation for

which it considers that a form should be provided.

(2) In particular and without prejudice to the

generality of the foregoing power, such rules may,
provide for all or any of the following matters,

namely             -

(a) with respect to all matters expressed,

required or allowed by this Act to be

prescribed;

**(b)** qualifications of electors and the preparation

publication, correction and revision of elec­
toral rolls ;

(e) the appointment of returning officers, assistant

returning officers, presiding officers and

polling officers for the conduct of elections ;


-----

(d) the nomination of candidates, form of nomi*

nation paper, objections to nominations and
security of nominations ;

(e) the deposits to be made by candidates, time

and manner of making such deposits may
be refunded to candidates or forfeited to the

Corporation ;

(f) the withdrawal of candidatures ;

(gj the appointment of agents of candidates ;

(h) the procedure in contested and uncontested

elections ;

(i) the date, time and place for poll and c tlier

matters relating to the conducts of election
including—

(i) the selection of polling stations for each

ward,

(ii) the hours during which the polling

station shall be kept open for thecasting
of votes,

(iii) the printing and issue of ballot papers,

(iv) the checking of voters by reference to

the electoral roll,

(v) the marking with indelible ink of the left

forefinger or any other finger or limb of

the voter and prohibition of the delivery

of any ballot paper to any person if at
the time such person applies for such
paper has already such mark, so as to
prevent personation of voters,


-----

(vi) the manner in which votes are to be

given and in particular in the case ol
illiterate voters or voters under physical
ar other disability,

(vii) the procedure to be followed in respect

of challenged votes and tendered votes,

(viii) the scrutiny of votes, counting of votes,

the declaration of results and the pro­
cedure in case of equality of votes or in

the event of a councillor being elected
to represent more than one ward.

(ix) the custody andif disposal of paper;

relating to elections,

(x) the suspension of polls in case of any

interruption by riot, violence or any
other sufficient cause and the holding
of fresh poll,

(Mi) the holding of a fresh poll in the cast of

destruction of or tampering with

ballot boxes before the poll, and

(xii) the countermanding of the poll in the case

of the death of a candidate before

the poll ;

(j) the fee to be paid on an election petition,

**(k)** for rendering incapable of municipal office

**either permanently or for a term of years any**

person who may have been proved guilty
of a corrupt practice or of conniving at or
abetting the same,

(l) any other matter relating to elections or

election petitions in respect of which the
Government deems it necessary to make
vules under this section or in respect of
which this Act makes no provision or

**makes insufficient provision and provision**
is, in the opinion of the Government,

necessary ;

(m) the constitution and disposal of specie]

fund*;


-----

(n) the publication of notices ;

(o) the conditions on which property may be

acquired by the Corporation or on which
property vested in the Corporation may
be transferred by sale, mortgage, lease,
exchange or otherwise ;

z p) the authority on which money may be paid

from the Municipal Fund, and the

management and regulation of provident
funds;

(q) the preparation of plans and estimates for

works partly or wholly to be constructed
at the expense of the Corporation, and

for the preparation, and periodical revi­

sion of maps and registers and for the

authorities by which the conditions sub­

ject to which such plans, estimates, maps

and registers are to be prepared and

###### (r) the preparation ©f estimates of income
 and expenditure of the Corporation;

 («) the manner of making applications for
 permission to borrow money, the
 enquiries to be made in relation to loans and the manner of conducting such enquiries, the inspection of , any works carried out by means of loans, and the utilizations of unexpended
 balances ■•£ loans, etc ;

 (t) the manner in which accounts are te
 be kept by the Corporation, the con­ ditions on which such accounts are to be opened to inspection by inha­
 bitants paying any tax under this
 Act and manner in which such ac­ counts are th be audited; ...

 (u) the assessment and collection of and
 the compounding for taxes imposed
 under this Act, and preventing evasion of the same, and for fixing the fee, payable for notice of demands;
 (v) the conditions on which the Corpo­
 ration may receive animals or arti­
 cles into a bonded warehouse and
 the agreement to be signed by traders
 and others wishing to deposit animals
«e articles therein;


-----

##### (w) tto be submitted by the Corporation;ihe return*, statements and reperte
 (x) the formation and working of the
 municipal fire-brigade;
 (y) the language in which business shall
 he transacted, proceedings recorded
 and notices issued; and

I

##### (z) generally for the guidance ®i the
 municipal authorities and public
 servants in carrying out the purposes of this Act; and also for the same purposes as those for which the Cor­ poration may make bye-laws under the provisions of Section 416, *

 (3) In making a rule under this section the
 Government may provide that a person guilty of contravention thereof shall, on conviction be ■>
 punished with fine which may extend to five hundred rupees and where the contravention is

**a** continuing one with such further fine which
##### may extend to twenty-five rupees for every day after the first on-which the contravention continues.

**(4)** All rules made under this Act shall be subject

to previous publications.

(5) Every rule made under this section shall be

laid **as** soon as may be after it is made, before

the State Legislature while it is in session for a

**total** period of fourteen days which may be com­
bined in one session or in two successive sessions,
and if, before the expiry of the session in which
it **is** so laid or the session immediately following,
**the** Legislature agrees in making any modification
in the rule or that the rule should not be made,
the rule shall thereafter have effect only in such
modified form or be of no effect, as the case           -

may be so however that any such modification

or annulment shall be without prejudice to the

validity of anything previously done under that

rule. r

**(6)** Notwithstanding anything hereinbefore con­

**tained the** Government shall not make rules under
clause (z) of sub-section (2) for the city unless the
Corporation has been required by the Government
to make bye-laws under section 416 and has failed
to make any such bye-laws, and any rules made
**by the** Government under clause (z) of sub-section
(2) shall have effect as if they were, and shall be
**deemed for all purposes to be bye-laws made by the**
**Corporation,**


-----

###### HL

**PART IX**

CHAPTER XXX

**MISCELLANEOUS AND SUPPLEMENTAL**

**PROVISIONS**

MISCELLANEOUS

Validity of 427. No notice; order, requisition, licence,

**_"•the*_** [an<]* P[e r m] *ssi° n *n writing or any other document issued

documents. under this Act shall be invalid merely by reason of

defect of form.

Admissibility 428. A copy of any receipt, application, plan,

ef document n o tjCCj order or other document or of any entry in **a**

        - **_evidence. register in the possession of any municipal authority_**

shall, if duly certified by the legal keeper thereof or

other person authorised by the Commissioner in this
behalf, be admissible in evidence of the existence of
the document or entry and shall be admitted **as** evi­
dence of the matters and transactions therein recorded
in every case where, and to the same extent to which,
the original document or entry would, if produced,
have been admissible to prove such matters and tran­
sactions.

Evidence of 429. No municipal employee shall, in any legal
municipal

proceed ings to which the Corporation is not a party,

employee. '

be required to produce any register or document the

contents of which can be provided under section 428
by a certified copy, or to appear as a witness to prove
any matter of transaction recorded therein save by
order of the court made for special cause.

Prohibition

430. No person shall—

against ob-
truction of
Mayor or

any Munici­ (a) obstruct or molest the Mayor or the
**pal authori­** Deputy Mayor and Councillor or any person
ty, etc. employed by the Corporation or any person

with whom the Commissioner has entered
into a contract on behalf of **the**

Corporation, in the performance of their
duty or of anything which they are

empowered or required to do by virtue or in
consequence of any provision of this Act or
of any rule, or bye-law made thereunder ;

(b) remove any mark set up for the purpose of

indicating any level or direction incidental

to the execution of any work authorised by
this Act or of any rule or bye-law **made**
thereunder j


-----

###### 2S2

 (c) without authority in that behalf, remove,

destroy, deface or otherwise obliterate

any notice exihibited by or under orders of
the Corporation or any municipal authority
or any municipal employee specified by the

Commissioner in this behalf, and

(d) without authority in that behalf remove,

earth, sand or other material or deposit
any matter or make any encroachment
from, in, or on any land vested in the
Corporation or in any way obstruct the
same.

Councillor. 431. Every Councillor, the Commissioner and

p*I employ-[e v c r] ^ municipal employee and every contractor or
ecs to "be agent for the collection of any municipal tax and
public ser- every employee or other person employed by any

vant. such contractor or agent shall be deemed to be a
public servant within the meaning of section 21

of the Indian Penal Code, 1860 and in the defini­
tion of “ Legal remuneration” in section 161 of
that Code the word “ Government” shall for the pur­

pose of this section be deemed to include the

Corporation.

**Special conditions** **regarding essential**

**services**

Conditions 432. (1) No person being a member of the

    - service of essential services, employed by the Corporation shall,
ceri'uno'ther *u a ^ s e n c e °f a n ? C°ntract authorising him so to

class of per- an<4 without reasonable cause, resign his em-

som employ-ployment. or absent himself from duty without having
cd in muni-given one month s notice to the Commissioner or
«ip*l (essen- neglect or without reasonable cause refuse to
tial -rv IC« . p c r f o r m «h i s d u tie s >

###### (2) The Corporation may by resolution direct

that on or from such date as may be specified in
the resolution, the provisions of this section shall apply
in the case of any specified class of persons em­
ployed by the Corporation whose functions are

intimately concerned with public health or safety.

p .. . 433. No sweeper, being employed for doing

    - ^service of house scavenging of any building shall, discontinue
sweepers em-to do such bouse scavenging without reasonable cause

played for o r without having given fourteen days’ notice to his

deiag house c m pj ]Over.
scavenging, <

Saving of 434. Save as provided in this Act, nothing-

other eaact.contained in this Act shall be construed as authorising
neat<. the disregard by the Corporation or any municipal

authority or any municipal employee ef any law
###### for the time being in force.


-----

Dk-.-> bet- 435. If any dispute arises between the Gor-

weeii. Cor- p O ra tiOn and any local authority as regards a nything

an<TtlOlocal done o r t o be done under this Act, it shall be referred

authorities, to the Government for decision, and such decision

may include an order as to the cost of any enquiry
ordered by the Government, and shall be final and
binding on the parties and be given effect to :

Provided that it shall be competent for the Cor­

poration and the local authority to agree in writing
that any such dispute shall, instead of being referred
to the Government for decision, be referred to the
decision of an arbitrator or arbitrators appointed

under the Indian Arbitration Act, 1940, or to a Civil v 19()[g ]

Court under section 90 of the Gode of Givil Procedure

1908.

Disputes bet­■ . 436. (1) If at any time it appears to the
ween Go- Government that a dispute has arisen or is likely to r
vemment

arise between the Government and the Corporation as

and Corpo­

to the interpretation of any of the provisions of this

ration.

Act or any of the rules made thereunder which is
of such a nature and of such public importance that
it is expedient to obtain the opinion of the High

Court upon it, the Government may refer the ques­
tion to the Court for consideration, and the Court
may after such hearing as it thinks fit, report to the
Government.

(2) The report submitted by the High Gourt

under sub-section (1) shall be binding on the Govern­
ment and the Corporation and shall not be called

into question in any other court.

(3) Nothing in this section shall derogate from

the authority of the Government as laid down in

Part VIII.

Power to 437. If any difficulty arises in relation to the

remove transition from the provisions of any of the enact-

difficulty. m e [nt referred to in section 2, or in giving effect ]
to the provisions of this Act, the Government may,
by order as occasion requires, do or cause to be
done anything which appears to it to be necessary
for the purpose of removing the difficulty;

Provided that no such order shall be made

after the expiration of one year from the establish­
ment of the Corporation


-----

###### Appeals

Appsals 438. Notwithstanding anything contained in the

from Com- provisions of this Act in the matter of appeal, an

^Standing[0 a] PP[e a] ' shall lie to the Standing Committee from—
Committee.

(a) any notice issued or other action taken or

proposed to be taken by the Commissio­

ner—

(i) under any section of this Act ;

(ii) under any bye-law concerning house­

drainage, or the connection of house­

drains, with municipal drains or house­
connections with municipal water supply
or lighting mains ;

(b) any refusal by the Corr missioner to grant

permission to construct or reconstruct a
building ;

(c) any refusal by the Commissioner to grant

a permission under any section of this

A ct;

(d) any refusal by the Commissioner to grant

a licence;

(el **any** order of the Commissioner suspending

or revoking a licence; and

(f) any other order of the Commissioner that

may be made applicable by rules framed
under this Act. 3

(2) If, on any such appeal, the Standing Committee

reverses or substantially modifies any action taken or
proposed to be taken by the Commissioner or any
order passed by him, he may, within sixty days of the
date of such decision, refer the matter to the Corpo­
ration, and pending the decision of the Corporation
on such reference the Commissioner shall not be

bound to give effect to the decision of the Standing
Committee.

The decision of the Standing Committee, or where

the matter has been referred to the Corporation as
aforesaid, the decision of the Corporation shall be
**final.**


-----

^ 7 t
Limitation 43o In any case in which no time is laid down in

      - time for the f, regoing provisions of this Act for the presentation

appeals.

of anappeal allowed thereunder, such appeal shall,
subject to the provisions of section 5 of the Indian
Limitation Act, 1908, be presented—

(a) where the appeal is against an order grant­

ing a licence or permission, within thirty
days after the date of the publication of the
order on the notice board of the Corpora­
tion, and

(b) in other cases within thirty days after the

date of receipt of the order or proceeding
against which the appeal is made.

Effect of ab- 440. If any local area consisting of one or more

PiTha* r e v e n u e villages iQ respect of which **a Panchayat has**

area into die been constituted, is included in the City of Gauhati
City of Gau- under the provisions of this Act, the following conse-
hati. quences shall ensue, namely: —

fa) the panchayat of such local area (herein­

after referred to **as the** Panchayat) shall
cease to have jurisdiction over such area ;

(b) the unexpended balance of the Panchayat

fund and the property (including arrears of
rates, taxes and fees) belonging to the Pan­

chayat and all rights and powers which
prior to such notification vested in the

Panchayat shall, subject to all charges and
liabilities affecting the same, vest in the
Corporation of the City of Gauhati herein-

   - after referred to as the Corporation ;

(c) any appointment, notification, notice, tax,

order, scheme, licence, permission, rule,

bye-law or form, made, issued, imposed or

granted under the Assam Panchayat Act,

1959 immediately before the said date in
respect of the said local area shall continue
to be in force and be deemed to have been
made, issued, imposed or granted under this
Act, until it is superseded or modified by
any appointment, notification, notice, tax,
order, scheme, licence, permission, rule,
bye-law or form made, issued, imposed or
granted under this Act.


-----

(d) all budget estimate assessments, assessment

lists, valuations or measurements, made or
authenticated under the Assam Panchayat
Act, 1959 immediately before the said date
in respect of the said local area shall be

deemed to have been made or authenticated
under this A ct;

e) all debts and obligations incurred and all

contracts made by or on behalf of the pan­

chayat immediately before the said date
and subsisting on the said date shall be
deemed to have been incurred and made
by the Corporation in exercise of the power

conferred on it by this Act ;

_-_ _■_

(f) all officers and staff in the employ of the

Panchayat immediately before the said date
shall be officers and Btaff of the Corpora­

tion under this Act and shall, until other
provision is made in accordance with the
provisions of this Act, receive salaries and
allowances and be subject to the condition
of service to which they were entitled or
subject immediately befote such date :

Provided that it shall be competent to the Corpo­

ration subject to the previous sanction of the
Government to discontinue the services of any
officer or staff who in its opinion is not neces­
sary or suitable for the requirements of the
municipal service after giving such officer or
employee such notice as is required to be given
by the terms of his employment and every
officer or employee whose services are dispensed
with shall be entitled to such leave, pension,                  -

provident fund and gratuity as he would have
been entitled to take or receive on being inva­
lided out of service, as if the Panchayat, in the
employ of which he was, had not ceased to

exist ;

'g) all proceedings pending on the said date

before the Panchayat shall be deemed to be
transferred to and shall be continued

before the Corporation ;

I


-----

###### 257

(h) all appeals pending before any authority

shall, so far as may be practicable, be
disposed of as if the said local areas had
been included in the City of Gauhati
when they were filed ;

(i) all prosecutions instituted by or on behalf

of the Panchayat and all suits or other
legal proceedings instituted by or against
the Panchayat or any officer of the Pan­
chayat pending on the said date shall be
continued by or against the Corporation
as if the said local areas had been in­
cluded in the City of Gauhati when such

prosecutions, suits or proceedings were
instituted;

(j) all arrears of rates, taxes and fees vesting

in the Corporation shall, notwithstanding
that such rates and fees cannot be levied
under this Act, be recoverable in the same
manner as a tax recoverable under this
Act ; and

(k) until the reconstitution of the Corporation

in accordance with the provisions of this
Act (notwithstanding anything to the

contrary contained in section 5 of this
Act) such number of persons ordinarily
resident in the local area included in
the City of Gauhati who are nominated

by the Government shall be additional
Councillors of the Corporation.

Effect of 441. If any.part of an area within the limits of

a bsorption a Panchayat is included in the City of Gauhati, then

a t[f] notwithstanding anything contained in this Act or

area[C] Into in the Assam Panchayat Act, with effect from the

the City of date on which such area is included in the City

Gauhati. of Gauhati the following consequences shall ensue,

namely;—

(a) so much of the Panchayat Fund and other

property vesting in the Panchayat

shall be transferred to the Municipal Fund
as the Government may, by order in
writing, direct ;

(b) the rights and liabilities of the Panchayat

in respect of civil and criminal proceedings,
contracts and other matters, or things

(including arrears of taxes, fees and cess)

arising in or relating to any part of the
area included in the City of Gauhati
shall vest in the Corporation and such
rights and liabilities may be enforced by
or against the Corporation under this
Act or the rules, bye-laws and orders

made thereunder ;


-----

(c) such officers and staff of the Panchayat

shall be transferred to the Corporation as
the Government may by order direct ; and

(d) if the area included is area in which not

less than ten thousand persons reside, until
the reconstitution of the Corporation in
accordance with the provisions of this Act,
one person ordinarily resident in such area

who is nominated by the Government shall

be an additional Councillor of the Corpora­
tion.

Removal of 442. If any difficulty arises in giving effect

difficulties. t o provisions of section 440 or section 441, the Gov­

ernment may, by an order published in the official
Gazette, as the occasion may require, do anything
which appears to it to be necessary to remove the
difficulty.

Special pro- 443. Notwithstanding anything contained in

rur'-Tareas*^[6] ^O re o°*n 8 provisions of this Act,—

(a) the Corporation with the previous approval

of the Government may, by notification in
the official Gazette—

(i) exempt the rural areas or any portion

thereof from such of the provisions of
this Act as it deems fit ; and

(ii) levy taxes, rates, fees and other charges

in the rural areas or any portion
thereof at rates lower, than those at
which such taxes, rates, fees and other
charges are levied in the urban areas
or exempt such areas or portion from ;

any such tax, rate, fee or other charges;

and

(b) the Corporation with the previous approval

of the Government may, by notification in
the official Gazette, declare that any por­
tion of the rural areas shall cease to be
included, therein and upon the issue of such
notification, that portion shall be included
in and form part of the urban area.

Exemption 444. Notwithstanding anything contained

Urban[A] Areas^[n] ^ [le] Assam Urban Areas Rent Control Act, 1951 the
Ren^Control provision of the said Act shall not apply to any land or
Act, 1951. building or any property belonging to or vesting in the
Corporation.


-----

THE FIRST SCHEDULE

_(Set Section 167)_

###### Rates of Taxes leviable on Vehicles, Animals and Boats

**Maximum amount of tax**

**per annum**

**—** **—,**

**For Vehicles** **Fer Vehieles**

**with** **without**

**pneumatic** **pneumatic**

**tyres** **tyres**

**Rs.** **Rs.**

1. Each four-wheeled vehicle drawn
  - by horses, ponies, mules, don­

keys, bullocks or buffaloes—

  -   - (a) Labour Carts U 24

(b) Other vehicles in this class 32 48

2- Each two-wheeled vehicle drawn

by horses, ponies, mules, don­
keys, bullocks or buffaloes:—

(a) Labour Carts 8 16

(b) Other vehicles in this class 16 24

3. Each vehicle drawn or impelled 8 12

otherwise than by horses,

ponies, mules, donkeys, bullocks,
buffaloes or machinery.

**Maximum amount of tax**

**per annum**

**Rs.**

**2.** 4. Each cycle rickshaw **24**

c
S. Each bicycle **12**

6. Each horse, pony or mule of height 20

of 12 hands or upwards.

7. Each horse, pony or mule of a **12**

height of less than 12 hands.

8. Each bullock or buffalo kept for 6

draught or pack purposes.

9. Each donkey/ass kept for draught 6

or pack purposes or for riding.

10. Each pig 6

11. Each dog _•••_ 6

12. Each she-buffalo kept for milking 24


-----

Maximum

amount of

tax per

annum

Rs.

13. Each cow kept for milking 24

14. Each motor boat or steam launch plying for hire and 150

carrying more than six passengers.

15. Each steam or motor tug 105

16 Each barge or other vessel attached or attachable to 60

a steam or motor tug.

17. For every other motor boat or steam launch 50

18. Each cabin boat .. ... ... .. 15

19. Each country boat 10

THE SECOND SCHEDULE

_(See Section 171)_

**Theatre Tax**

Type of entertainment Maximum amount

of tax

(1) (2)

Rs.

1. Cinema or theatre ... 7 per show.

2. Drama, concert, circus, variety entertainment 7 per show.

or tamasha.

3. Carnival or fete ... ... ... 10 per day.

4. Any other entertainment .. ... ... 7 per show or if

there are no

separate shows

Rs.7 per day.

_Explanation.— or the purpose of this Schedule Glass I cinema theatres_

and Glass II cinema theatres mean theatres classified
respectively as Glass I cinema theatres and Class II
cinema theatres by bye-laws made in this behalf.


-----

###### THE THIRD SCHEDULE

_{See Section 1731_

**Tax** **on** **Advertisem ents other than** **Advertisem ents**

**published in the N ewspapers**

Serial Particulars Maximum

No. amount

of tax per

annum

(D (2) (31

**♦** 1. Non-illuminated advertisements on land, building, wall,
hoardings, frame, posts, structures, etc.— Rs.

(a) Fora space upto 10 sq. feet 18
(b) For a space over 10 sq. feet and up to 25 sq. feet 80
(c) For every additional 25 sq. feet or less ... 30

2. Non-illuminated advertisements carried on vehicles,
drawn by bullocks, horses or other animals, human
beings, cycle or any other device, carried on any vehicle
or tramcar—

(a') For a space up to 50 sq. feet 120
(bi For every additional 50 sq. feet or less 120

3. Illuminated advertisement boards carried on vehicles—

(al For a space to 50 sq. feet 240
(bi For every additional 50 sq. feet or less 240

4. Non-illuminated advertisement boards, carried by sand-
which boardman—

(a) For each board not exceeding 10 sq. feet 24

(bl For each board exceeding 10 sq. feet up to 25 48

sq. feet.

(cl For each additional 10 sq. feet in area or less 24

5. Illuminated advertisement boards carried by sand which
boardmen—

(al For each board not exceeding 10 sq. feet 48

(bl For each board exceeding 10 sq. feet and upto 96

25 sq. feet.

(cl For each additional 10 sq. feet in area or less 48


-----

**--**

Serial Particulars **Maximum**

No. **amount »f**

**tax per**

**annum**

(1) (2) (3)

6. Illuminated, advertisements on land, building, wall or
hoardings, frame, post, structures, etc.— Rs.

(a) For a space upto 2 sq. feet ... 24

(b) For a space over 2 sq. feet and upto 5 sq. feet 48

(c) For a space over 5 sq. feet and upto 25 sq. feet 60

(di For every additional 25sq. feet or less 60

7. Advertisements exhibited on screens in cinema houses

and other public places by means of lantern slides or

similar devices—

(a) For a space upto 5 sq. feet ... ... ... 96

(b) For a space over 5 sq. feet and upto 25 sq. feet ... 120

(c) For everv additional 25 sq. feet or less ... ... 120

8. Non-illuminated advertisement suspended across streets—

(a) For a space upto 10 sq. feet ... ... ... 18

(b) For a space over 10 sq. feet and upto 25 sa. feet... 30

(c) For every additional 25 sq. feet or less ... ... 30

_N.B.—The tax for item 8 will be in addition to the space which_

will be chargeable according to the scale to be determined
by the Commissioner.

9. Non-illuminated advertisement hoardings standing

blank but bearing the name of the advertiser or with the
announcement “To be let” displayed thereon—■

(a) For a space upto 10 sq. feet ... ... ... 9

(bi For a space over 10 sq. feet and upto 25 sq. feet. 15

(c) For every additional 25 sq. feet or less ... ... 15

10. Permission to auctioneers to put up not more than two 200

boards of reasonable size advertising each auction (including

other than those in the premises where the auction is the rent

helc, one on a prominent site in the locality and one for exhi­
on Municipal lamp post. biting the

board on a

municipal
post.)


-----

###### THE FOURTH SCHEDULE

_{See_ Section ISO-)

Every license shall be granted under one or other of the classes

mentioned in the second column of the following table, and there shall
be paid annually for the same the fee mentioned in that behalf in

the third column of the table:—

Serial Classes Fees

No.

(1) (21 (3)

Class I

1. Company or association or which exercises or Five hundred

body of individuals the carries on any rupees.

paid up capital of which is profe sion, trade
equivelent to twenty lakhs or calling what­

of rupees or upwards, soever.

Glass II

2. Company or association or which exercises or Two hundred

body of individuals, the carries on any and fifty

paid up capital of which profession, trade rupees.

is equivalent to ten lakhs of or calling what­

rupees or upwards, soever but is not

included in

Class I.

3. Consulting or Practising in respect of whose Do.

physician, practising sur­ income out of

geon, licentiate of, medi­ the profession
cine or surgery, medical mentioned under

practioner, kabiraj, hakim, column I, in­
homeopath, graduate of come tax is pay­

the Assam Veterinary Col­ able on an in­
lege, dentist, barrister, attor come of not less
ney, vakil or advocate of the than Rs. 10,000.

High Court, pleader, proc­
tor, notary public, public

accountant, average adjus-

ster, statistical reporter,

analyst, shroff or banian,

4. Freight-broker, ... Do. Do.

5. Propritor of a newspaper, in respect of whose Two hundred

periodical or journal, income out of and fifty

the profession rupees,

mentioned un­

der column I,

income tax is

payable on an

income of not

less than Rs.

10,000


-----

244

Serial Classes Fees

No.

(1) (2) 13)

6. Broker or dalal employed in respect of whose Two hundred

in the wholesale transfer of income out of and fifty
purchase of imports or the profession rupees.

exports, country produced mentioned under
silk or other merchandise, column I, income­

taxi is payable on

an income of not
less than Rs. 10,000.

7 . Dealer in precious stones or **Bo.** Do.

precious metals and articles S
of precious stones and

metals, **X**

8. Merchant, businessmen, the fair letting Do. **X**

banker, wholesale, trader, value of whose
commission agent, engi­ place of business

neer, architect, builder, is Rs.500 per

contractor, auctioner or mensem or up­

carrier, wards.

9. Owner or occupier of a cot­ Do. Do.

ton, jute, hide or other

screw-house or press-house.

10. Owner or occupier of a Do. Do.

market theatre, cinema

house or a place of public
entertainment kept up for
the purpose of profit,

11. Printer, publisher, litho­ Do. Do.

grapher, engraver, die-sin­
ker, photographer or photo­

typer, x

12. Hotel-keeper, boarding house- Do. Do.

keepei, lodging house-keeper,
manufac-turer, retail-trader

13. or shop-keeper.Owner or occupier of any Do. Do. *****

depot or godown for stor­
age of goods for whole­
sale business,

14. Proprietor of nursing home Do. Do.

or sanatorium,

15. Radiologist, Lo. Do.

16. Keeper of a hydrotherapy, Do. Do.

bath or other clinic or

health resort,

17. Keeper of a laundry Do. Do.

18. Cinema film producer or Lo. Do.

keeper ot a film studio,

19. Cinema film distributor, Do.


-----

><-...

Serial Classes Fees

No.

(1) (2) (3)

20 Owner of twenty or more Two hundred

taxi-cabs, buses, lorries or and fifty

contract cars which are rupees.

used for carrying passen­
gers or goods on pay­

ment or hire,

21 Book-maker or turf ac­ Do.

countant,

22 Stevedores, Do.

Class III

23 Company or association or which exercises or Two hundred

body of individuals the carries on any rupees.

paid-up capital of which profession, trade

is equivalent to five lakhs or calling what­

of rupees or upwards, soever, but is

not included in

Glass I or in

Class II.

24 Merchant, businessman, who is not inclu­ Do.

banker, whole-sale trade, ded in Class II

commission agent, engi­ and the fair let­

neer, architect, buildei, ting value of

contractor,' auctioner or whose place of

carrier, business is Bs.

350 per mensem
or upwards.

25 Owner or occupier of Do. Do.

cotton, jute, hide or other
screw-house or press-house,

26 Owner or occupier of a Do Do.

market, theatre, cinema
houe or a place of public
entertainment kept up for
the purpose of profit,

27 Printer, publisher, litho­ Do Do.

grapher, engraver, die-

sinker, photographer or

photo-typer,

28 Hotel-keeper, boarding­ Do Do.

house keeper, lodging­

house keeper, manufac­

turer, retail trader or

shop-keeper,

29 Owner or occupier of any Do Do.

depot or godown for

storage of goods for

wholesale business,

30 Proprietor of a nursing Do Do.

home or sanatorium,

31 B adiologist D q Do.


-----

Serial Classes

No.

(1) (2'

32 Keeper of a hydro-thera­ who is not inclu­ Two hundred

py or bath or other clinic, ded in Class II and rupees.
or health resort, the fair letting value

of whose place of

b u s i n e s s is

Rs.350 per men­
sem or upwards.

33 Keeper of a laundry, Lo Do.

34 Cinema film producer or Do Do.
keeper of a film studio,

35 Keeper of a shop for the Do Do.
sale of any liaour or

intoxicating drug,

36 Owner of ten or more, but Do Do.

less than twenty taxi-cabs,
buses, lonies or contract­
cars which are used for
carrying passengers or

goods on payment or hire,

Class IV

37 Merchant, businessman, who is not inclu­ One hundred

banker, wholesale trader, ded n Class II or and twenty­

commission agent, engi­ Class III and the five rupees.

neer, architect, builder, fair letting value of

contractor, auctioner or whose place of

carrier, business is Rs.250

per mensem or

upwards.

38 Owner or occupier of a Do Do.

cotton, jute, hide or other
screw-house or press-house,

39 Owner or occupier of a Do Do.

market, theatre, cinema

house or a place of public
entertainment kept up for
the purpose of profit,

40j Printer, publisher, litho­ Do Do.

grapher, engraver, die-

sinker, photographer or

photo-typer,

41 Hotel-keeper, boarding­ Do Do.

house keeper, lodging­

house keeper, manufac­

turer, retail trader oi' shop­
keeper,

42 Owner or occupier of any Do Do.

depot or godown for

storage of goods for

wholesale business,

43 Propriter of a nursing Do Do.

home or sanatorium,


-----

Serial Glasses Fees

No.

(1) (2) (3}

44 Radiologist, ... ... whois not inclu- One hundred

ded in Glass II and twenty­

or Class III and five rupees.
the fair letting

value of whose

place of business
is Fs.250 per

mensem or up­

wards.

45 Keeper of hydrotherapy, Do Do.
bath or other clinic or
health resort,

46 Keeper of a laundry, Do Do.

47 Cinema film producer or Do Do.
keeper of a film studio,

who is not inclu­ Do.

48 Keeper of a shop for the ded in Glass III

sale of any liquor or and the fair let­

intoxicating durg, ting value of

whose place of

b u s i n e s s is
Fs.250 per men­
sem or upwards.

49 Consulting or practising who is not inclu­ One hundren

physician, practising sur­ ded in Class II and twenty­
geon, licentiate of medi­ and in respect five rupees.
cine or surgery, medical of whose income
practitioner, kabiraj, hakim out of the pro­
homeopath, graduate of fession income-

Assam Veterinary College, tax is payable
dentist, barrister, attorney, on an income
vakil or advocate of the of not less than
High Court, pleader, Rs.6,000.

proctor, notary public,

public accountant, avera­

ge adjuster, statistical

reporter, analyst, shroff

or banian,

50 Freight broker, ... Lo Do.

51 Broker or dalal employed Lo Do.
in whole-sale transfer or
purchase, imports, or

exports, country produced
silk or other merchandise,


-----

Serial Glasses

No.

(1) . (2)

52 Dealer in precious stones who is not inclu­ One hundred

or precious metals and ded in Glass II and twenty-

articles of previous stones or Glass III and five rupees.

and metals, the fair letting

value of whose

place of business
is Rs.250 per

mensem or up­

wards.

Class V

53 Company or association which exercises or Seventy-two

or body of individuals, carries on any rupees.

the paid-up capital of profession, trade

which is equivalent to one or calling what­
lakh of rupees or up­ soever but is not

wards, included in Glass

I or Glass II or
Class III.

54 Merchant, businessman, who is not in­ Seventy-two

banker, wholesale trader, cluded in Class rupees.

commission agent, engineer II or Glass III
architect, builder, con- or Glass IV and

trator, auctioner or carrier, the lair letting

value of whose

place of busi­

ness is Rs. 150

per mensem or
up-wards4

55 Owner or occupier of a Do Do.

cotton, jute, hide or other
screw-house or press-house,

56 Owner or occupier of a Do Do-

market, theatre, cinema

house or a place of public
entertainment kept up lor

the purpose of profit,

57 Printer, publisher, litho- Do Do.

grapher, engraver, die-

sinker, photographer or

photo-typer,


-----

, No.

tn (2) (S)

58. Hotel-keeper, boarding-h o u s e who is not inclu­ Seventy-

keeper, lodging-house keeper, ded in Class II two

manufacturer, retail trader or or Class III or rupees.

shop-keeper, Class IV and

value of whose
place of business
is Rs. 150 per

mensem or up­
wards.

59. Owner or occupier of any depot or Do Do.

godown for storage of goods for
wholesale business,

'S.

60. Proprietor of a nursing home or Do Do.

sanatorium.

61. Radiologist Do Do.

62 Keeper of a hydrotherapy, bath Do Do

or other clinic or health resort,

63. Cinema film producer or keeper of Do **Do.**

a film studio,

64. Keeper of a laundry, ... Do Do.

65. Hairdressing saloon keeper, the fair letting Do.

value of whose
place of business
is Rs. 150 per

4 mensem or up­

wards.

66. D/Lr or cleaner, ... Do Do,

67. Owner of 5 or more but less than 559 are Do.

10 taxi cabs, buses, lorries or

contract cars which are used for
carrying passengers or goods on
payment for hire,

68. Advertising agent **De***


-----

S tfial
No.

(1) (2)

69. Company, association or body of which exercises or Thirty-six

individuals the paid up capital carries on any rupees,

of which is les ■ than one lakh profession, trade

of rupees, or calling what­

soever.

70. Consulting or practising physician, in respect of whose Do.

practising surgeon, licentiate of income out of
medicine or surgery, medical the profession
practitioner, kabiraj, hakim, income tax is

homeopath, graduate of the payable on an

Assam Veterinary College, income of less

midwife, dentist, barrister, attor­ than Rs.6,000.
ney, vakil or advocate of the
High Court, pleader, proctor,
notary public, accountant, ave­
rage adjuster, statistical repor­
ter, analyst, shroff or banian,

71. Freight Broker Do Do.

72. Broker or dalal employed in the Do Do.

wholesale transfer or purchase,

imports, export, country pro­

duced silk or other merchandise,

73. Dealer in precious stones or Do Do.

precious metals and articles of
precious stones and metals

74. Proprietor of a newspaper, perio­ who is not inclu­ Do.

dical or journal^ ded in Glass II.

75. Merchant, businessman, banker, who is not inclu­ Do.

wholesale trader, commission ded in Glass II

agent, engineer, architect, or Class III or

builder, contractor, auctioneer Class IV or Class
or carrier, V.

76. Owner or occupier of a market, Do Do.

theatre, cinema house or a

place of public enter­

tainment kept up for the pur­
pose of profit,

77, Owner or occupier of any depot Do Do.

or godown for storage of goods

for wholesale business,

78. Proprietor of a nursing home or Do Do.

sanatorium,

79. Radiologist Do Do.

80. Keeper of a hydrotherapy bath Do Do.

or other clinic or health resort,,


-----

**serial** **Classes** **Fees**

**No.**

**(1)** **(2)** **(3)**

81. Cinema film producer or keeper who is not included Thirty-six

of a film studio, in Glass II or rupees.

Class III or Class

IV or Class V.

82. Keeper of a laundry, Do Do.

83. Keeper of a shop for the sale of who is not included Do.

any liquor or intoxicating drug, in Class III or

Class IV.

84. Owner or occupier of a cotton, who is not included Do.

jute, hide or other screw house in Class II or

or press-house, Class III

###### f Class IV or C

V and the

_t._

letting value

whose place
business is R

per mensem

upwards.

85. Printer, publisher, lithographer Do Do.

engraver, die-sinker, photograp­
her or phototyper,

86. Hotel-keeper, boarding house­ Do Do.

keeper, lodging house-keeper,

manufacturer, retail trader or

shop-keeper,

87. Dyer or cleaner, who is not inclu- Do.

ded in Class V

and the fair

letting value of
whose place

of business is

Rs. 75 per

mensem or up­

wards.

88. Hair-dressing saloon-keeper, Do Do.

89. Order-supplier or house-decorator, the fair letting Do.

/

value of whose

place of busi-

ness is Rs.75 per Do.
_~_ _-_ _-_ _- -_ mensem or up-

wards.

90. Carriage-dealer or house-dealer, Do Do.

91. Plumber, electric fitter or gas fitter, Do Do.

92. Keeper of a billiard room, Do Do.

93. Pawnbroker or moneylender, Do Do.

94. Owner of a steam ferry-boat or Do Do [1]

steam cargo-boat,

95. Commercial traveller or manufac® Do Do.

turer’s representative,

96. Broker or dealer in houses, landed Do Do.

property, Government securi­

ties, shares or bills of exchange,


-----

252

**Serial** Olaues F««s

**Wo.**

(*i 12) (3)

**97 .** Advertisement broker, Thirty-six

rupees.

98. Owner of less than five taxi cabs, Do.

buses, lorries or contract cars
which are used for carrying

passengers or goods on payment

**or hire,**

99. Railway freight negotiator, ... Do. X

100. Broker in precious stones, ... ... Do.
_ MT

**CLASS VII**

101. Consulting or practising phy- in respect of whose Twenty-

sician, practising surgeon, licen- income out of four

tiate of medicine or surgery, the profession no rupees

medical practitioner, kabiraj, income-tax is

hakim, homeopath, graduate payable.

of the Assam Veterinary

College, midwife, dentist,

barrister, attorney, vakil or

advocate of High Court, pleader,
proctor, notary public, public

accountant, average adjuster,

statistical reporter, analyst,

shroff or banian,

102. Freight Broker, Do Do.

**103.** Dealer in precious stones or pre­ in respect of whose Do.

cious metals and articles of income out of

precious stones or metals, the profession no

income-tax is

                                           -

payable.

**104.** Mukhtear, Revenue Agent, (or) pe- in respect of whose Do.

tition writer, income, no income*

tax is payable.

**105.** Owner or occupier of a cotton, who is not inclu- Do.

jute, hide or other screw-house ded in Class 11

or press-house, or Class III or

Class IV or Class
V or Class VI
and the fair let­

ting value of

whose place of
business is Rs. 30
per mensem or

upwards.


-----

**253**

Serial Classes **Few**

No.

(1) (2) **(3)**

106. Printer, publisher, lithographer, who is not inclu • Twenty-

engraver, die-sinker, photogra­ ded in Class II four rupees,

pher or photo-typer, or Class III or

Class IV or Class
VI and the fair
letting value of

whose place of

business is Rs.30
per mensem or

upwards.

Hotel-keeper, boarding-house who is not inclu­

keeper, lodging-house keeper, ded in Class II

##### J manufacturer, retail trader or or Glass III or
 ' *5 shop-keeper, Class V or Class

VI and the fair
letting value of
whose place of

Business is Rs.30
per mensem or
upwards.

108. Dyer or cleaner, who is not inclu­ **Do.**

ded in Class V
or Class VI and
the fair letting
value of whose

place of busi­

ness is Rs.30

per mensem or

upwards.

109. Hair dressing saloon-keeper, Do. **Do.**
110. Order-supplier or house-decorator, who is not inclu­ **Do.**

ded in Class

VI and the fair
letting value of
whose place of
business is

#### r Rs.30 per men­

sem or upwards.

111. Plumber, electric fitter or gas fitter, Do. **Do.**

112. Carriage-dealer or house-dealer^ Do. **Do.**

113. Poddar or money-changer, the fair letting **Do.**

value of whose
place of business
is Rs.1.5 per

mensem or up­

**wards.**


-----

**Seria 1** **Glasses** **Fees**

**No.**

(1) (2) **(3)**

114. Private detective, Twenty-

four rupees.

115. Professional astrologer, ... Do.

116. Insurance agent, broker or ...... Do.

canvasser,

117. Purchaser of goods in the city of ....... Do.

Gauhati for transport and sale
beyond the limits of the city of
Gauhati

118. Broker or dalal, who is not inclu­

ded in Glass II
or Glass IV or
Glass VI.

**119.** Professional artist, sculptor, actor, Do.

singer or musician,

120. Labour-supplier, licensed shipping Do.

broker, boat supplier or custom­
house agent,

121. Surveyor (including a licensed Do.

building surveyor) or profes­

sional measurer,

122. Practising apothecary or practising Do.

veterinary surgeon,

123. Owner of ten or more jinrikshaws, Do.

carriages, passenger boats, hand­
carts, bullock or buffalo carts or
palanquins which are let out for

**hire.**

**GLASS VIII**

124. Printer, publisher, ... who is not includ­ Twelve

ed in Glass II or rupees.
Class III or Class
IV or Class V or
Glass VI or Class
VII and the fair
letting value of

whose p l a c e

of business i s

Rs. 15 per men­
sem or upwards,

**125.** Hotel-keeper, boarding-house Do. Do.

keeper, lodging-house keeper,

manufacturer, retail trader or

**shop-keeper.**


-----

**Classer** **Fees**

**No.**
**(1)** **(2)** **(3)**

126. Dyer or cleaner, ... who is not in­ Twelve

cluded in Class rupees.
V or Class VI

or Class VII

and the fair

letting value of
whose place of
business is Rs. 15
per mensem or
upwards.

127. Hair dressing saloon-keeper, ... Do Do.

###### P

Order-supplier or house-decorator, who is not in­ Do.

cluded in Class
VI or Class VII
and the fair

letting value of
whose place of
business is Rs.15
per mensem or
upwards.

129. Plumber or electric fitter or gas- Do Do.

fitter,

130. Carriage dealer or horse dealer, ... Do Do.

131. Poddar or money changer, ... who is not includ­ Do.

ed in Class VII.

132. Mukhtear, in respect of whose Do.

income no in­

come-tax is pay­

able.

133. Professional draftsman,...        - • Do.

134. Fortune-teller, Do.

135. Owner of a cargo-boat, Do.

136. Professional horse-broker, ... Do.

137. Band supplier or stamp*vendor, ... Do.

138. Owner of three or more huts, less Do.

than ten jin-rickshaws, carriages, Do.

passenger-boats, hand-carts, bul­

lock or buffalo carts or palan­
quins which are let out for hire,


-----

**No.**

**(1)** **(2)** **(3)**

CLASS IX

139. Keeper of a shop or other who is not inclu­ Six rupees.

place of business, ded in any

other class.

140. Owner of less than three jin­ Do.

rickshaws, carriages, passenger
boats, hand-carts, bullock or
buffalo carts or palanquins
which are let out on hire,

141. Pedlar, vendor of goods in who is not inclu­ Do.

carts, hawker or bon-wailah, ded in Class X.

142. Professional petition, letter or ....... Do.

bill-writer,
CLASS X _-_

143. Itinerant dealer hawking goods Three rupees.

for sale in a basket or tray,

CLASS XI

144. Every person who is in em­ where total gross

ployment either wholly or :in income— Rs.

part.

Nil

(1) [Does not exceed]

Rs.6,000.

(2) [Exceeds Rs.6,000 ] 25                       -

but dees not ex­
ceed Rs. 10,000.

(3) [Exceeds Rs. 10,000 ] 36

but does not ex­
ceed Rs. 15,000.

(4) [Exceeds Rs.15,000 ] ’ 50

but does not ex­
ceed Rs.20,000.

(5) [Exceeds Rs.20,000 ] 70

but does not ex­

                                                           -
ceed Rs.25,000.

(6) [Exceeds Rs.25,000 ] 100

but does not ex­
ceed Rs.30,000.

(7) [Exceeds Rs.30,000 ] 150

but does not ex­

ceed Rs.35,000.

(8) [Exceeds Rs.35,000.] 200

**GP| (Leg.) No.16/73—2,000—27-10-73.**


-----

