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THE NAGALANDMUNICIPAL ACT, 2001
(Act No. 10 of 2001)
/Received the assend of the Governor of Nuguhnd on 26-9-2001 .
und publirtr ed in the Nagalnnd Gazette Extruordinoty
Dded l8rh Oct. 2001.1

An A d whereas it is expedient to provide for organization and

ahinismtion of urban arcas ;

11is hereby enacted in the fifty second year of the Republic of ,

India as follows :-
I
PART -1
CHAPTER 1 -
PRELIMINARY
1. Short iille, extent and commencement :- I

(i) This Act may be called the Nagalmd Municipal Act, 2001

(ii) It extends to h e whole of Nagaland

(iii) It shall come into forceon such date as the Government may,
by a notification, appoint

CHAPTER II -

(I) "Annual Value" means the valueofany landorbuilding fixed

in axordancewih the provisionsofthis Act mtndLhe regularions
made thereunder fort he purpose of assssment to property
tares ;
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"Audit Authority" means the authority prescribed under

section 109 ;

"balance s k t " means h e balancesheetof lheMunjcipality

prepared under section 107 ;

"budget estimate" means the budget estimate of the

Municipality prepared under section 101 ;

"budget grant" means the total sum entered on the

expenditure side of budget estimate under a major head
and adopted by the accordance with the provisions of
this Act and the rules and regulations made thereunder,

"building"means any shop, house, hut, outhouse, stable,

a factory, an industrial shed and a temporary structure
emcted by means or tents and any other strucwr~lincluding
structures raised for entertainment purposes whether
!
roofed or not md whether used for the purposes of human !

habitation or othenvise and whet her of masonry, bricks,

wood, mud, thatch, rnetaI or any other material whatever,
and irlcfudes a waIl and a well;
I
"Chairperson" means a Chai-rperson elected as
Chairperson of a Municipal Council or Town Council;

"Chief Officerof aMunicipality" or "Chief Officer"mwns

-the Executive Officer of Municipal Council orTown
Council and includes such officer as may be especially
authorised in this behalf to canyout the functions of the
Chief Officerunder the Act.
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(9) "Dangerous disease" means -

(i) Cholera, plague, chicken-pox, small-pox,

tuberculosis, leprosy, enteric fever,
cerebrospinal meningitis, diphtheria, dengue
fevcr, acquired immunodeficiency syndromc
(AIDS),hcpati tis B and C,cerebral malaria and
viral pneumonia; and

(ii) Any olherepi dcmic, endemic or infectiousdisem

which the Govemmcnt may, in rclation to any
municipal area or group of munici pal areas, by :
notification, declare to be a dangerous disease
for the purposc of this Act;

(LO) "Debenture" means the dcbenture referred to in '

Section 93; !

(11) "Deputy Chairperson" means a Deputy Chairperson ,

eIected as Deputy Chairperson of a Municipal Council or I
aTown CounciI;
11 A. Dislrict PlanningBovd means [he District Planning
Board constituted by the State Government vide
Notification No. PLN-12717 1 (Pt) dated 5.5.93 and as
amended from time LOtime.

(12) "Executive Officer" means the Executive Officer of a

Municipal Council or a Town Council;

(1 3) "Finance Commission" means the Finance commission

constituted under section 122;

(14) 'Financial statement" means the financial statement of the

Municipality prepared under section 106.

(15) "Government" means thc Government of the State of

Nagatand:
( 128 )
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";4azardous process" means the hnzarclous process

dcfined in Clause (cb) of scclion 2 of rhc F~lcloriesAct,
1948 (Aci 63 of 1948);

~ of land, things anached

"land" includes knefits to a r i out
to the earlh or permanently fastened to imylhing attached
to the earth and rishts creured by law over any street;

"market value" means in the case of a land [he present

valuc OP h e land and in [hecase of abuilding, the estima~ed
cost of erecting the building us assessed under this Aci,
and the rules or regularions made thereunder;

"Member" in relation lo a Municipal Council or aTown

Council means a member thereof and includes elccted,
ex-officioand nominated members;

"misconduct" mcans violation of thc Code of conduct

prescribed by rules;

"multi-storied building" rncilns a bui~dingconsistingoifour

stories and above or a building exceeding an height of
twelve metres irrespective of thc number of its stories;

"Municipal h a " means (he tenitorid area of a Municipal

Council or a Town Council as the case may be;

"Municipal assessment Book" means thc Municip;rl

Assessment Book maintained under section 139:

"Municipal Councj I" means a Municipal Council

constiiuted under section 8;

"Municipal Fund" means [he Municipal Fund constiluted ,

under section 84.

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(26) "Municipal Property Tax Cornminee"means the Municipal
Property Tax Committee constitutedunder section 134;

(27) "Nationnliscd Bank" means a bank specified in column 2

of the First Schedule to thc Banking companies
(Acquisition and Transfer of Undertakings) Act, 1970
(Act S of 1970);

(28) "non-residential building" means my building referred to

in clauses (b) to (i) of sub-section (2) of section 340;
(29) "no6fcation"means a notification published in the Oficial 1
Gazette of the Government; I

(30) "Nuisance" includes any act, omission or thing which

causes or is Iikel y to cause injury, danger, annoyance or
offcnceto the sense of sight, smell, hearing or which is or
may be dangerous to the life or injurious to health or
Prope*Y;
(3 1) "~cupier" includes any p s o n for h e time being paying
or IiabIe to pay to the owner !he rent or fee or contractual
paymentof adjustment ofrent or feeormy porlion thereof
or damages on account of the occupation of any land or
building. and also includes a rent-freerenant;

(33) "Owncr"includesLhe~rsonforthetimebeingrrxeiving
the rentofany Imdorbuitdingor any partthewf, whether
on his own account or as agent or trustee for any-pcrson
or society or for my religious or charitablepurpose,or as
a receiver who would receive such rent i f the land or
building or any part ~hercofwcrc Ict to a tenant;
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"popuIation" means the population as ascertained at the
last preceding census of which the relevant figures have
been pubIished;

"premises" means any land or building or part of a building

and includes -

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

appertainingto a building,or part of building; and

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

forthe more beneficial enjoyment thereor;

"prescribed" means prescribed by rules made under this

Ac 1;

"public s ~ t means
" any street which vests in the
Municiplity as apublic s m r or the soil below the surface
of which vests in the Municipality or which under the i
provisions o f this Act becomes, or is declared to be a
public street;

LLreg~lation" means a regulation rnadc by the Municipal

Council or [he Town Council, as h e case may be, under
this Act;

"residential building"means aresidentid building referred

to in clause (a) of sub-section (2)of section 340:

"rule" means arule made by the Government under this

Act;

"section" means n section of his Act;

"State Election Commission" means the Elcction

Commission established under section 30;
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(43) "street" shnll mefin any mad, foott~y,
square, court, alley,
s u l l y or passage, accessible, whcthcr pernlancntly or
temporslrjly to thc public, and whether a rhoroughfare or
not; and shnll include every vncan t space, nohviIhstmding
that il may be private property and partly or wholly
obstructed by any gatc, post, chain or other barrier, if
houses, shops 01-otherbuildings about thereon, and if it is
uscd by any pelsons as means of access to or from any
public place or rho~pughfare, whether such persons hc
occupie~~s of such building or not, but shall not include any

,
I
part of such space which the occupierof my such buildings
has right at a l l hours to prevcnt all other persons from
using as aforesaid, andshall include also the drains or
gutlers therein, or on either side, and the land, whether
covered or not by any pavemenl, verandah 01- other
erection, up to the boundary of any abutting propcrty nok
accessible to the public;

(44) 'Town Council" means a Town Council constjrutedunder I

section 30;

(45) "trade effluent" includes any Iiquid, gaseous or solid

substance which is discharged from ;my premises use for
czlrryingonany industry, operation orprmess, or treatment
and disposal system other than domeslic sewage;

(46) "valuation registe?' means the valuation register maintained

under section 130;

(47) "ward" means a tem torial constituency provided under

section 23;

(48) "year" means a year commencing on ihe first day orApril

of a calendar year and ending on Lhe 3 1" day of March, ,

of the succeeding calendar year.

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BART - II
CHAPTER -I
CONSTITUTION OF MUNICIPALITIES

3. Declaration of intention to create and specify limits of

Municipal areas :

(1) Thc Government may, after making such inquiry, as il may

deem fit, and havir~gregard to -

(a) the popularion or any urban area;

(b) the density of ~opulaliontherein;

(c) the revenue genemted for he local adminisiration

of such area;
(d) thepercentageoftheempIoyrnenrinnon
agricul turd activities;

(e) the economic importance OF such area; and

(fj such other f a c t o ~as

, may be considered relevant;
by notificalion, declare it's intention to create and
specify municipal areas.
Provided that such declaration may be made as
Municipal Council area where the populalion of
such areais 20,000 and above and Town Council
area for such area where the population is below
20,000 but not less than 5,000.
Provided further that rhe State Government may
declare a smaller urban area having a population
below 5,000 and not less than 1,000 as Urban
Station Committee area.
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(2) A copy of the notification shall be published and shall also

be affixed in a conspicuous place of the Office of the
Deputy Commissioner and such other place as the , ;
Government may direct.

4. Submissionofobjections:
Any inhabitant of any part of a Iocal m a s p i f i e d in a notification
published under Section 3, may, if he objects to anything contained,
in the notification, submit hisobjection in writing through thekputy
commissioner to h e State Government within a period of 30days
from thedate of publication of thenotification andihe Govemmcnt
shaIl consider all such objections. I
1
!
Provided no objeclion shal I be deemed to be raised in regard to
the limit of the Urban area already specified as Town committee
area under sub section 4 of section 2 of the Assam Tribal Areas
(Administration of Town Committees) Regulations, 1950
(RegulalionVI of 1950).

5. DecIaration and spetificationof Municipal area. I

On the expiry of a period of 30Days from h e date of pubiication

of the notification issued under Section 3 and after consideration
of the objections submilted under section 4, the Government by
notification, declare and specify such area or part thereof to be
Municipal Council area or Town Council area or Urban Station
Committeearea, as the case may be

6. DecIaralion of intention to include or exclude from any

Municipal a m or from the operation of the Ack
(1) The Government after consultation with the Municipal
Council or Town Council, as rhe case may be, by
notification,declare its intention
(a) to include within the Municipal council area or
Town Council area, any area adjacent thereto;or ,

(b) to exclude from the Municipal area or Town

Council area, any area comprised therein;or
( I34 )
 LatestLaws.com

(c) to withdmw any urban iuea f u m the operalion of

this Act.
(2) Every such notificationshall define the limits of the a m to
which i t relates.

(3) When a notification is issued under subsection (I), the

provisions of sub sect ion (2) of Section 3 relating to the
publication of h e notification of section 4 relating to thc
submissionof objections, shalI apply.
(4) On the expiry of a period of30 days from the datc of
pubIicalion ofthe notification referred to in sub section
(1) and after consideration of the objections, if any
submitted, the Government may, by notification,-
(a) include with the Municipal council area or Town
Council area, any area adjacent thereto; or
(b) exclude fromthe Municipal counci I area or Town
Council area, any area comprised therein; or
(c) withdraw any urban area from the operation of
this Act.

Where any area within the territorial jurisdiction of any local

authority is constituted as Municipal Council or Town Council or
included in such Municipal Council area orTown Council arca, -
(a) the provisions of this Act, except as the Government, by
notification othenvise direct, a1 l rules, regulations,
norifications,orders, direction and powers made, issued
or conferred and a11 taxes, duties, tolls and fees imposed
under this Act and in force in Municipd Council Areas or
Town Council Arcas shall apply to and shall be decmed
to have been imposed in the area so constituted or
included;

(b) the Government may, by notific;ltion, issue such orders as

it may deem fit
 LatestLaws.com

(i) as the transfer to Lhc Municipal Council or Town

Council or disposal otherwise of the assets or
instilu~ionsof such local authority in the a m
constituted or included, - and

fii) as to h e discharge of ~ h liabililies,

c if any, of such
local authority relating to such assets or
indirutions.

) W hcrc any arc3 is excluded from the Municipal Council area or

Town Council area and included in the area within the Temlorial
jurisdiction of any othcr I ~ aaut
l hority-

(a) rhe provisions of this Act or any rules, regulations,

notifications,orders, direclions and power made, issued
or conferred and a11 Iaxes, duties, tolls and fees imposed
under this Act and the force in such Municipal Council
area or Town Council area shalI cease to apply and shall
cease to be imposed in the m a so excluded.

(b) The Government may, by notification, issued such ordem,

as it may deem fit.

(i) as to the bansferofsuch Imd authority or disposal

othen~~iseoftheassetsorinstitutionsofMunicipal .
Council or Town Council and

i as to discharge of liabilities, if any, of such

Municipal Counci I or Town Council relating to
such assets or institutions.
(7) U p n the issue of a notification undersub section (4) withdrawing
any urban area altogether from the operation of this Act, -

ca) the provisions of this Act and all notifications, rules,

regulations, orders, directions and powers issued, made
or conferred thereunder, shall cease to apply to such area
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(b) The Municipal fund and also other property vested in the
Municipal Council or Town Council shall vest in the
Government and the liabilitiesof the Municipal Council or
Town Councilshall &insferred to lhc Government;

(c) any right,priviIege, obligation or liabifi ty acquires, accrued

to or incurred by the Municipal Council or Town Council
immediately before such withdrawal, shall vest in or be
enforceable against the Government.

Provided that any tax, fee or other amount due from any
personal to the Municipal Council or Town Council shall
be recoverable by the Government as ancar of land
revenue.

(d) all suits, prosccuuons andoher legal proceedings instituted

or which might have been instituted by or against the
Municipal Council or Town Council, may becontinued
or instituted by or against the Government.

(e) the posts of officers and employees of the Municipal

Council or Town Council shall be deemed to have been
abolished andconsequentlythe c a b d ~ u n i c i ~srrvices
al
comprising such posts shalI be deemed to have been
corresponding1y reduced.

Provided that the Government shall provide altemativc

employment in otherMunicipalities to the p e ~ o becoming
n
surplus consequent upon such abolition or reduction and
for that purpose the Government can direct any
Municipalities to appoint a person on a post a post to
which he may be found suitable by the Government.
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CHAPTER - 11

MUNICIPAL COUNCIL

7. Municipal Authorities ofMunicipal Council area :-

The Municipal Authorities for the purpose of givingeffect to rht
pmvi sions of this Act in Municipal Council area shall be,-

(ii) the Chaiperson

[mi . fie Executive Oficer
8. C o d t ution of Municipal Council :-
[I) ForeveryMunicslpalCourn:il~thert=shallbe~~mtitu
a municipal council.
Providdthat aMunicipal council may not be constitu
for such area or part thereof as the Government ma 9
having regard to the size of the a r k and the Municipa,I
senices being providedby an industrial atablishment ir
that area and such other factors as the Govemment rnaj
rhinkfitand subjecrtosuchoonditionsas k G o v m
may think fit to impose, by notification, specify to bt
indushial township.
Providcd further that if the Government is of the opinioi
tfiat theindustrial a b b 1 ' i p v i d i n gmunicipal smim
in industrial township, has failed to providesatisfactorj
municipal services or has failed to fulfill the conditions
which rheGovemmenthad imposedwhich qmzifyingthr
municipal area to be industrial township, the Gove,rnmm
may, after giving the concernedindumial eslabIishmen!
an opportunityto show cause, declare by a notificatior
that such area has ceased to be industrial township anc
constitutea municipal council.
 LatestLaws.com

(2) Evcry municipal Council shall k a body corporate by the

mmeof'The., ..................... .... Municipal Council"
and shall have perpetual succession and a common seal
with power, subject to the provisions of this Act, to
acquire, hold or dispose of properties and may by the
said name sue md be sued.

9. Composition ofMunicipal Council :-

(I) Every Municipal Council shall k elected, ex-officio and
nominated members.
(2) T h e G o v ~may,t benotihcation,divide the municipal
council mainto territorialconstituencies to be known as
wardsfmttKpurpxof filling up the sears jn the Municipal
Council by d i ~election.
t
(3) M e m h ofthe State hgislative Assembly representing
kgislative Assembly Constituencies which comprise
wholly or partly the municipa1 Council area shall be ex-
oficio mel-nkn
(4) T h e Government shali, by notification, nominate such
number of members,notexceeding one4 W of the elected
members, from amongst the persons having special
howledge or experiences in Municipal Admi nismtion.

Every Municipal Council, unless sooner dissolved, shall continue

for5 years from the date appojnted for its first rneeti ng and no
longer. Wvidcdthat the firstmeeting shall be convened as soon
as possibfeandinnocase laterthan 6 months from the date on
which theelectionof he mernknis notified by the State Election
C o ~ o l L

11. Term afof6moTmemh ofMunicipal Council :-

The term ofofficeof the membrs of Municipal Counci I shall be
coteminouswith the duration of Municipal Council.
L2 Ekdion o F C " h i q ~ r ~ m d k p uchairperson.
ty
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(1) TheMunicipulCouncilshallelectoneofit'selected
mcmbers to be the Chairperson in the manner as may be
prescribed i n this behalf.
(2) The Municipal Council may also elect one of its elected
members to be Deputy Chairperson in the manner under
sub Section(1)

(3) The election under sub section 1and 2 shalI be conduced

~ I I !)!
: ~ i : ,
at a meeting of Municipal Council to be convened
immediately afier the meeting held for making and
. .
subscribing oath or affirmation by the members but not
1 . J , , 1;); r! .::!!
::.(1'"'' later than 6 months from h e date on which the election of
1
,;

//; :I,;;::!;,:
,
:,:: . :., . 'members is no2fied by the State Election Commission.
!,,[jl,.>;f;::!,/, n:, ;.j:,4,< I

The meeting for election of Chairperson and Deputy

(4)
~ h a i ~ r s o n~bufn i c i ~ sCouncil
ll shall be convened and
y ~ ~ - v , - i . ~ ; : j - , ~heDeputyCommissioner.
p i ~ ~ : ~ ~ . j1,-r ~ ~ . ~ pk&8e'd!6krby .
, .
5.?.i'!ij:iIo> li.;;T! !: jy!:d..
;! ?,3i~2~,5:tL,
- ;/: ::-I! I(>) Jf -fi~!;&~!h~~:election
. J ~ . ~ ~ ; of Chairperson or Deputy
Chai'rperson, as h e case may be, there is equality of votes
between the candidates and the addition of vote would ]
i
ii:?;:::~i!.:iiilic~iI.~~~&&~e~~f~ir;C~ik~~~testo~el&teI
!,i~;:r>l:; Yi: ' l f l 1 1 6 $ i ~ ~ f i ~ & ! ~ ~ ; l icase~ ~may
~ ~ be,& the
! f Presiding
ie
I,..'
.,, .,d..I C
.: : '
. . -. ... . M
- . -
h Ie
J silch candidates by lot to be
. [ i ~ j i j i'i
j ~ ~ ~ ~ ! ! ! ~ f ~ & ~ ! ~ ~ ~ i ~ ~ ~ i fas. may i $ be
~ ~

pcescribed and the candidate on the lot fall, shall be deemed

to have r e ~ ~ j ~ ~ ~ ~ i : i~i t & & ~ ~ ~ L, ;

:IIJ::; :a1,.(@ ii< . ~ ~Ch:&ptlh%h-d~enter

I j ~ # e ~ ~ a i - w C~ uty
I &id~'b upon I

~ i ! , ! > ? ~ , ~ i i ~ ~ ! , ~ ; ~ ~ & ~I!

ji[>:-(;, i-!:,r::!'!;,~~:~ rl<j jiL1i:: :;r;:l:>y!~: lzji'! jIii?~ 52\!i:Jnlrl ~:~,~*,10i
.<!; I

13.5!! ~ & fbfi ~ ~ ~ i ~ ~ i i~i .z ,: .2~~: ;~ ~ ~ ~

: ! i j ~ j j > [ r~
] i !<[?: j ii'-~i~i~fl[l
: <(!~ ~ ,?i ,,-]:;q-ir!i3[r! 2:;; ! l ) !!!)iic,';!3 sr!; f:2i[t't:-
The term bf the Officerof Chairperson or Qgpgp,Gly~rperson . . . . ..
:

shdl be coterminous with theduntion of Municipal ~ a u n c iunless l I

he h39!7,ti~%%'?e:it~9!?5!&!%k91~3?
!5$ b ~ s i j ~ a t i.'OF
o n iI
,
removal.
2(j !i;;[h, 1 ! . J [ ~ ! ; c ; -I~;~!J,I::IJ~\~.'!!;~~i:;iiri;~,;[:-:;~~-~~- : ~ > : i: < L !O if1 !LL :;;{'l:
0 . -I.. A

)
The. FfAv
,95tQJ5 sygf !?Aqy5:99 pttQg.~i~.tr:-Gb~r~er
shdl tK coterminous with thedurdtion of ~ u n i c i ~Gncil
~d unless I
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14. Resignation of ChairpersodDeputy Chairperson.

(I) TheChairpersonlDeputyChairperson may, at any time,
by writing under his hand addressed to the Deputy
Commissioner, resign his office.

(2) A copy of the resignation shall be sent to the Executive

Officer for placing before the municipal council.
(3) The resignalion shall take effect on the expiq of a period
of fifteen days from the dateof thedelivery of resignation
to the Deputy Commissioner.
~ro$idedthat the Chairperson or Deputy Chairperson,
as [he case may withdraw his resignation within the
aforesaid period.

15. RemovaI of ChairpersonlDeputy Chairperson.

(I) The Chairperson or Deputy Chairperson may be removed
from Office by theMunicipal Council by adoptingarnotion
expressing want of confidence in the Chairperson or
Depuly Chairperson in accordance with the laid down in
this section.
(2) Written notice of the intention to move a motion of no
confidence in the Chairperson or Deputy Chairperson,
signed by not less than one half of the total number of
members serving at the relevant lime excIuding the ex-
officio members and the nominated persons along with a
copy of the motion, shall be deliveredby any two m e m b e ~ ,
signing the nolice to the Deputy Commissioner.
(3) On receiving the no~icerefemdto in Sub Scction (21, the
Deputy Commissioner shull'convene a meeting of [he
municipal Council for consideration ofthe motion, which
shall Ixheld at the office of the MunicipaI Council on thc
date and time appointed by the Dcpu ty Commissioner
far the purpose, which shall not be later than fourteen
days from the date on which the said nolice was delivered
LOhim.
 LatestLaws.com

(4) The Deputy Commissionershall s e n 4 not less than seven

clear days before the date of the meeting, a notice of such
mceting and of the date and the time appointedthereof to
every member, excepting the ex-officiclmembers and
nominated members ar his place ofresidenceand shdI at
the same time cause such notice to be published in such
manner as the Deputy Commissioner may deem fit md
hereupon every member shall bedeemed to have received
the notice.

(5) The meeting convened fwtheaforesaid purpose shall be

presided over by h e Deputy Commissioner.
(6) The motion shall be deemed to have k e n carried only, I
when it has been passed by a majority of members, I
excluding the ex-ofiiciomembers and n o m i d m e m k
present and voting.
(7) Whenamorianiscarriedundersubsection(6),the
Chairperson or Deputy Chairperson shaII be deemed to

(8)
have vacated his office.
Whenamotionh~beencarriedbytheM~cipaICounciI,I
i
the Deputy Commissioner shall send a repon to the
Government.
(9) No other business s h d l be transacted in the meeting
convened for consideringthe no confidence motion.
(10) The Chairpe~onor M u t y Chairperson shdI beeIigibIe
f0.rthe re-election.

16. Suspension of ChairpersonlDeputy Chairperson ; The 1

Government May,
(a) When the Chairperson orDeputy Chairpersonprima facie
appears to be guilty of-
(i) encroachmen! or unauthorized occupation on any
. Municipal property or land, w
(ii) acting against the financial interest of Municipality
or
(iii) an heinous crime or an offence involving moral
t urpjtude and has rernainod underdetention for m a
than 48 hours, or
 LatestLaws.com

fiv) where the continuation in office is prejudicial to

public interest, suspend thechairperson or Deputy
Chairperson.
Provided that rhec harges,on which the Chairperson
or Deputy Chairperson was suspended, shall be
inquired inro expeditiously within aperiod of one
month.
h v i M H e r that h e piodaFsuspension shall
not normally exceed six months.
17. Removal ChairprsonlDeputyChairpersonby G o v e m t :
Natwithstanding anyhngconhind in secrion 13, the Chairperson
or Deputy Chairperson may be removed from oFfice by the
Government at time, by an orcler in writing or any ground or
grounds mentioned in section 16 on the ground of misuse of his
powcroron persistent failure to perform his duties.
Provided that before passing any such order a reasonable
opportunity of being heard shall be given to the Chairperson or
Deputy Chairperson.
18. Election for filling up the vamncy in the oEce Chairpersod
Deputy Chairp~hairpetson:
(1) Where a Chairperson or Deputy Chairperson
(a) resigns his office, or
@) cases to be member, or

(c) is removed from office by a motion of no

confidenceor
(d) is removedfrom office by the Government.
(2) A p - m n ~rnoved fmm officeof Chairperson or Deputy
Chairperson by Government under section 17 shall not
eligible furreelection during the duration of~e Municipa1
Council.
(3) The provisions ofSub Sections (41, (5)and (6)ofSec tion
12 shall apply.
 LatestLaws.com

CHAPTER - 111
TOWN COUNCIL

19. Authorities for Town Council area:

The uuthori ties for the purpose of giving effect to the provisionsof
this Act in Town CounciI area shall be, -
(a) Town Council
(b) Chairpenon
(c) Executive Officer

20. Constitution of Town Council:

(i) For cvery Town Council area there shall be constituted a
Town Council. II

Provided that a Town Council may not be constituted for

such area or part thereof as thc Govemment may, having
regard to the size of the urban area and the municipal.
services being provided by an induslrial establishment or 1
the Government machinery in that area and such other
factor as Ihe Government may think fit and subject to
such conditions as the Government may think it fit to
impose, by norification, specify to be an industrial
township.
Provided further that if t he Government is of the opinion
tha~he induslrial eshblishment providing municipd xrvic~s
in an industrial township, has failed to provide satisractory
services or has failed to fulfill the conditions thc
Government had imposed while speciljringaTown Council
area to be industrial township, the Govemmenr may, after
giving the concemcdindusbialeshblishmcnt an opportunity
to show cause, declare by a notificilt ion [hilt such area '

has ccascd to be an industrial township and constitute a

town council thereof.
 LatestLaws.com

(li) Every town counciI shall be a body corporateby the name

of 'The.. ............. . ...Town Council"and shall have a
perpetual succession and a common sea1 with power,
subject to the provisions of this Act, to acquire, hold or
dispose of properties and may by the said name suc and
be sued.

composition of Town Council:

(I) Every Town Council shall have the elecred,ex-officioand

nominated members.
(2) The Government may, noti ficntion,divide the Town CounciI
arca into territorial constituencies to bc known as wards
,
,

for the purposc of filling up the scats i n the Town Council

by direct election.
Members of the S Pate Legislative Assembly representing
i
(3)
LegisIative Assembly constituencies which comprise
wholly or partly the Town Counci Im a shall be ex-oficio
members.
(4) The Government shall, by notification, nominate such I
number of mernbe~,not exceeding onc-fifth of the elected
members, from amongst the persons having special
knowledge or experiencein Municipal administration.

22. Application of provisions of certain section to Town Council

area:
Where an arca is specifiedas own Council ama under Section 5
the provisions of sections 10,11,12,13,14,15,16,17and 18 shall
apply to Town Council area as if Town Council so constituted
were a Municipal Council.
 LatestLaws.com

CHAPTER - IV
ELECTION, RESIGNATION, REMOVAL
AND CASUAL VACANCY.

23. Division of Municipal Council a m o w n CouncilArea into

territorial Constituencies:
(1) For the purpose of election of members under mtion 9
orsection 21, as thecase may be, theGovemment shall,
having regard to population, extent of the arca and !
geographical area, divide the municipal council or town
1
,
-

council into tenitori J constituencies to known as 'wards'

and each ward shall elect only one rncrnber.
(2) Dclimiration o l wards shall be done in such manner that I
I
the Iocali ties included in a ward are contiguous
(a)
and form a compact territonal blmk, I
I
(b) Ihepopuladon of all the wads as far as padcable, !
I
is the m c through our h e municipal council area I
orrown council a m .
(c) the numbering of the wads is continuous and in
accordance with ihe prescribed procedure.

24. Election to constitutemunicipal counciUtawn council: !

(1) an election to constitute municipal comciI or towncouncil

shalI be complete -
(a) before the cxpiry of its duration specifiedunder
section 10 or
(b) bef~~theexpiryofa~ridofsixmonthsfmm
the date of itsdissolution.
(2) The frrst election to a municipal council orTown Council,
shall be held within a period of six months from the date
of its conslimtion.
( 146
 LatestLaws.com

25. Power of Government to direct holding of election :

(I) Subject to the provisions of this Act and the Rules ma&
thereunder, the Govemment may, by notification,di recr
that a genera1 election to a municipal counci t orTown
Council or to f i I I a casual vacancy of a member, shall be
heId by such date as may be specified in the nolification
and different dates may be specified for elections for
different municipal counciIs or Town councils.

(2) As sown as a notification i s issued undersubscction (I),

the Slate EIection Commission shall take necessary steps
for holdingsuch election.

26. Resignation ofelected members:

(1) If any elected member of a municipal council or town
council intends to resign his office, he shall submit his
resiphon in writing to the Government.

(2) Some resignation may be withdrawn within' fourteen clays

from hedate of receiptof achowIedgement by theelected
member, fading which the resignation shalI be accepted

(3) Iftheresignationis not withdrawn and is accepted by the

Government is shall be notified in the official Gazette.

27. S w n s i o nof member oEa Municipal C o u n m o m Council:

Not withstanding any law for the time being in force, the
Govemment may suspend a member.
Where a member pri ma-facie appears to be guilty of -
(a) Encroachment or unauthorizedoccupation m y
Municipal property or land or
(b) Acting asainst the financial in?- of municipal
counciI or town councit
(c) An heinous crime or an offencesinvolving moral
turpitude has remained under &tent ion for more
than 48 horn; or
 LatestLaws.com

i ) Where h e continuation of a member as such is prejudicial

to public interest.
Provided that the charge on which the member was !

-
suspended shall bc inquired into expeditious1y within a ,

period of one month.

Provide further that the period of suspension of the
member shall in no case exceed six months.

28. Power of Government to remove a member :

The Government may, by notification,rernove any member of a 1
municipal council or Town council, if it is of the opinion that
I
(a) any of the rounds for suspension mentionedin section
27 has been proved against him, or
i
(b) hehasflagrantlyabusedhispositionasamember,or 1
(c) he has, through negligence or misconduct, been
responsible for any loss or misapplication of any money
or propeny of municipal council or town council, or
(d) heh~Filedtop~yarrearsofanykindduetothemunicipd
council or town council otherwise than as an agent,
receiver, trustee or an executor to rhe municipal council
or town council within three months after anotice in this !
I
behalf has been served upon him, or
!
(e) he has absented himself during three successive meetings '
of municipal council or town counci 1 wilhout intimation to
the municipal council or town council.

(fi he has absented himsclf or was unable to attend the

meetings of municipal council or town council during
twelve successive months for any cause whatsoever,
whether approved or not by such municipal council or
town council, or

) Hehasactedincon~~vcntionof~heprovisionsofsec~ion
57 T and 57 J or commits any act of misconduct.
( 148 1
 LatestLaws.com

29. Casual vacancy:

(1) Whenever a vacancy occurs by death or the election of a
member is d a l m d void, the chairperson of the municipal
council or town council shall inform the Government of
such vacancy.
(2) Whenever a vacancy occurs by death, resignation and
removal or othenvise of an eIectedmemkr or lhe election
of an elected member is declared void, the vacancy shal I
be filled by fresh eIection.

(3) The person so elected shall hold ofice only so long as he

person, in whose place is elected, would have held, had
the vacancy no occurred.
Provided that if the remainder of the term of the office of
the member in whose place ihe vacancy occurred, is for a
period of less than six months, it shall not be necessaq to
hold the election to filled such vacancy.

30. State Election Commission:

(1) The superintendence, direction and control of the

preparation of electoral rolls for and the conduct of all
elections to the Municipal Council or Town Council shall
be vested in the S tateElection Commission consisting of
an Election Commissioner to be appointed by the
Governor.
. -

(2) The conditions of service and tenure of the Election

Commissioner shall be such as the Governor may by rules
prescribe.

.,::.>l
Provided that the Election Commissioner shall not be
,
-
i. *-
:,.,-;ri;.y2 removed from Officeexcept in the Iike manner and on the
>-.
:f;:r
. I . .
12itf;i:,-- ;.::,
like grounds as a Judge of aHigh Court and the conditions
. . . , , of service of the Election CommissionershalI nor be varied
71 ! jlcji ~ ~ ~ r j ' ~ : ,,.
:~,!~j
..
- =:; :iij-!j I!,, t~ his,disadvantageafter his appointment.
149
 LatestLaws.com
(4) TheGovemmentshall,whenrqucstedbytheElection
Commissioner,makeavailable to theW&m Commission
such staff which thc Government considers necessary for
discharge fie functions conferred on the Election
Commission by subsection(1)

31. Election RolI:

For every ward here shall be an electoral roll which shall be
prepared in accordance with the provisions of this Act and the
rules made thereunder.

32. Electoral Registration Ofkers:

I
(1) The Electoral roll foreach ward shall be prepared and I

revised byane!ectoral of5cerwhoshall be suchofficerof

the Government orMunicipa1 Council or Town Council
asthe Election Commissionmay, i n consdtation with the
Government, dasignate or nominate on this khal f.
(2) Toassist~eelectodregistr;ltionofficerindixhargeof
his function under sub section (1) The Election ;
~ommissionermayem~loysuchpersbnasitthinksfit ,

The persons entitled to k regisrered as eIectors in the electoral

roll of the Assembly constituency in the State as relates to the
=comprised within a ward shall becntitledto be registered in
the electoml 1011 of that ward and the provisions in this b e h ain
tfie Representation ofthe People Act, 1950(Act No:43 of 1950)
shalI apply to the regiswation ofelectors in the electoral mlI of a
ward as they apply to the registration of electors in the electoml
roll of an assembly constituency.

34. Reparation and revision ofelectoral rolls:

(1) The Flectoral roll for each wardshall k pi- before
each general e l d o n in such manneras may be --bed
by dcsby referwtwr to the qualifyng date and MI come
into force immediately upon its final publication in
accordance with he rules made forthe purpose:
I150 1
 LatestLaws.com
Rovided thd if the ElectionCommission is satisfied thar,
instead of preparing a fresh electoral d l of a w a d before
a general election, i t would bc sufficient to adopt the
electoral roll of the assembly constituency for the time
king in force as relates to the ward, it may, by order, for
reasons to be s ~ i f i c therein,
d direc~that the electoral
mll of theassembly~onstituencyforh e time being in force
asrelates to the ward shall, subject to any rules made for
h e purpose,be the elmtoral m11 ofthe ward forthe g e n d
eIection.

(2) The electoral roll pmpared or adopted, as h c case may

be,under subseclion (1) shall-
(a) unless otherwise dirextcd by the Election
Commission fw reasons lo be recorded in witing,
be revised in the manner prescribed by rules by
reference to the qualifying date before a ch bye-
election to fill acasual vacancy in aseat allotted
to rhe ward; and

@) berevisedinanyyearinthemannerprescribed
e rhequalifylngdateif such
by r u l a by ~ f m m c to
revision has been directed by the Election
Commission:
Providedthat if the electoral roll is not revised as
aforesaid, the validity or continued operation of
the said electoral milshallnot thercby be affected

(3) Nohihsmding anythingwntained in sub= tion (21,

.heElection Commission may, at any time, for reason to
be recorded in writing, direct a special revision of the
electoral roll forany ward or part of a w a d in such manner
asit rnayrhinkfit
Provided that the electoral roil for tfie ward as in forceat
the time ofthe issue of any such -on shall continue to
k in force until hecompletionof the special revision so
dkmA
( 151
 LatestLaws.com

Explanation:- In thissection,the expression "qualifying

date" means such date as the Election Commission may,
by order,specify in this behalf.)

35. Correction of entries in electoral roI1:-

lF the electoral registration oficer, on an application made to him
or on his own motion, is satisfied after such inquiry as he lhinks fit,
that any entry in the elecloral roIl for any ward-

(a) iserroneousordefectiveinanyparticular;or
(b) should be transposed to another place in the roll on the
ground that the person concerned has changed his pIace
of ordinary residcnce within such ward; or
(c) should be deleted on the ground h a t the person concerned
i s dead or has censedto be ordinarily resident within such
ward or is otherwise not entitled to be registered in that
the electoral registratjon officer shall, subject to such
general or special directions,if any, as may be given by
theElection Commission in this behalf, &end, transpose
or delete the entry:
Provided that before taking any action on the ground
specified in clause(a) or clause(b) or any action under
clause(c) on the ground that the person concerned has
ceased robe ordinarily resident within such ward or that
he is otherwise not entitled to be registered in the electoral
roll of such ward, the electoral roll of such ward, the
electoral registration officer shall give the person
concerned a reasonable opportunity of being heard in
respect of the action proposed to be taken in relation to
him.

36. inclusion of names in electoral roll :-

El) any person whose name is not incIuded in the electoral
roll of ward may apply to h e electoral registration officer
forlhe incIusion of his name in that roll.
( 152 1
 LatestLaws.com

(2) The electoral registration officer shall, if satisfied that the

applicant is entitled to be registered in the electoral roll,
direct his name to be included therein :
Provided lhat if the applicant js registered in h e electoral
roll of any other ward, the electoral registration officer
shall inform the electoral registration officer of that other
ward and that OFficer shall, on receipt of the informarion,
strike off the applicant's name from that roll.
(3) No amendment, transposition or deIetion of any entry shall
be made under section 35 andno direction for the inclusion
of a name in the electoral roll of a ward shall be given
under this section after the last date for making nominations
for an election in that ward and before the completion of
lhat election).

37. Appeal :-
An appeal shall lie within such time and in such manner as may be
prescrikd by rules to the EIection Corn mission from any order of
the electoml registration officer under section 35 orsection 36.

38. Jurisdiction of civil courts barred - No civil Court shall have

juridic tion :-
(a) to entertain or adjudicate upon any question whether any
person is or is not entitled to be registeredin an electoral
roll for a ward; or
(b) toquestionthelegalityofanyactiontakenbyorunderthe
authority of an electoral registration officer or of any
decision given by the Election Commission

39. Qualification for membership of Municipal counciVTown

council :-
A person shall not be qualified to be chosen as acouncilor unless
he has attained the age of twenty one years and his name is
registered as an eIector in the electoral roll for a ward :
 LatestLaws.com
40. Disqualification's for membership of Municipal Council/
Town council :-
11) Apersonshall~bedisqualifiedforbeingchosenas,and
for being, a member,
(a) if he is of unsound mind and stands so declared
by a competent court;

(b) if he is an un discharged insolvent;

(c) if he is not a citizen of India, or has voluntarily
acquired the citizenship of a foreign State, or is I
under any acknowledgement of allegiance or
adherence to a foreign State;
I
(d) if he is so disqualified by or under any law for the ,

time king in force for the purposes of elections

to the kgislative Assembly of the State;
(e) ifheissodisquatifiedbyorunderanylawmade
by theLegislnlive Assembly of the State i
!

(f) if he holds any office of profit under Municipal

Council or Town Council
(g) if he holds any office of profit under the
Government (or Central Government);
) if he is a licensed axhi tect, draughtsrnan,engineer,
plurnber,surveyorortownplannerorisapartner .
of a firm of which any such licensed person i s :
also a partner;
(i) if he is interested in any subsisting contract made
with, or any work being done for, the municipal
council or town council except as a share hoIder
(other rhan a d i mtor) in an incorporatedcompany
or as a member of a co-operative society;
, Cj) if he is retained or employed in any professional 1
'

- capacity either personally or in the name of a firm

 LatestLaws.com

of which he is a partner or with which he is

engaged in a professionalcapacity, in connection
with any cause or proceeding in which the
municipal council or town counciI or any of the
municipal authorities is interested or concerned;
(k) ifhe,havingheldanyoficeun&rlhcGovemment,
he municipal council or town council or any other
authority; has been dismissed for corruption or
disloyalty to [he State unless a period of four years
has clasped since h i s dismissal or the
disqualification has been =moved by the Eleclion
Commission.
(l) if he fails to pay any arrears of any kind due by
him, othenvise than as an agent, receiver, trustee
or an executor, to the municipal council or town
council within three months after ano~icein 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 (f) or clause (g)
of thar sub-section by reason only of this
receiving-
(i) any pension; or
(ii) any allowance or facility for serving as the
Chairperson or Deputy Chairperson or as
member; or
(6) a person shall not be deemed to have my intcrest
in a contract or works such as is referred to in
clause (i) of that sub-section by reason only of hs
having a share of interest in-
( any Iease, sale, exchange or purchase of
immovable property or any agreement for the
same; or
( 155 >
 LatestLaws.com

i any agreement for the loan of money or any

security for the payment of money only; or
(iii) any newspaperin which any advertisemcntrelating :

to [he affairs of the municipal councii or town ,

committee is inserted; or
the sale to the municipal council or town council
or to any municipal authority or any officer or
other employee of the municipal council or town
council on behalf of the municipal council or town
council, of any article in which he regularly mdes
or the purchase from the municipal council or town
council or from any such authority, oficeror other
employee on behalf of the municipal council or
town council, of any article of a value in either
case not exceeding five thousand rupees in the
aggregate i n any year during the period of the
contract or work; or
(v) the letting out on hire to the municipal council or :
town council or the hiring from the municipal
council or town council of any article of a value :

not exceeding two thousand rupees in the

aggregate in any year during the period of the
con tract or work; or
(vi) any agreement or contract with the Corporation
or any municipal authority for any goods or
services which the Corporation may generally
~UPP~Y.
(3) If a person sits or votes as a member of the municipal j
council or town council when he knows that he is not ,

qualified or that he is disqualified for such membership,

he shall be liable in respect of each day on which he so
sits or votes to a penally of three hundred rupees to be
recovered as an mear of tax under this Act.

41. Right to vote :-

(1) Every person whose name is, for the time being, entered :
in the electoral roll for a ward shall be entitled to vote at
the election of a member from that ward.
 LatestLaws.com

42. Publication of result of election :-

The names of all persons elected as councilors shall. as far as
maybe, after each election, be published by rhe Election
Commission simultaneously in the Oficinl Gazette.

43. Disputes regarding election :-

(I) No election of a member of municipal council or town
council shall be callcd in question except by an election
pctition presented to the Election Tribunal, appoinled by
the Govt, in ibis behalf, within fifteen days of he dare of
the publication of the result of election under section 42.

(2) An election petition calling i n question any such election

may be presented under any of thc grounds specified in
seclion 45 by any candidate at such election by an elcctor
of the ward concerned or any member.
(3) A petitioner shall join asrespondcnts to hispeti~ionall [he
candidates at the election.
(4) An election petition-

(a) shall conlain a concise statement of the material

facts on which the petitioner relies,
(6) shall, with sufficient particulars, set forth the
ground or grounds on which the election is called
in question, and
(c) shall be signed by the petitioner and verified in
the manner for verification of pleadings in the spirit
of the code of Ci vil Procedure, 1908.

44. Relief that may be claimed by the petitioner :-

(1) A peli tioner may claim-
(a) a declaration that rhe election of all or any of the
returned candidates is void, and
 LatestLaws.com

(b) in addition thereto, a funher declaration that he

himself or any other candidate has been duly
elected.
(2) The expression "returned candidate" means a candidate
whose name has been published in the Official Gazette
under section 42.

45. Grounds for declaring elections to be void :-

(I) Subject to the provisions of sub-section (2) if the Election
Tribunal is of opi nion-
h a t on h e date of his eIection a returnedcandidate
wzs not qua t ifid or wmdisquali fie4 10 t>e chosen
a number or under this Act, or
i
that any corrupt practice has been committed by
o returned candidate or his agent or by any by
other person with the consent of n returncd !

candidates or his agent, or

that any nomination paper has been improperly
rejected, or
that the result of heelection,in so h a s it concerns
a returned candidate. has k e n materially affected-
by the improper acceptance of any nomination, ,

or i
by any corrupt practicecommitted in thc interests 1
of the rctumcdcandidateby a person other than i
that candidate or his agent, or a person acting
with the consent of such candidate or agent, or ,

by thc irnpropcr acceptance orrefusaI of any vote

or reception of any vote which is void, or
by thc non-compliance wiih rhe provisions of this
Act or of any rules or orders made thereunder, i

the coun shall dcclarc the election of the returned

candidate to be void.
 LatestLaws.com

(2) If in the opinion of the Election Tribunal, a returned

candidate has been guilty by an agent of any corrupt
practice, but the Election Tribunal is satisfied.
(a) that no such corrupt practice was cornmiired at
the election by the candidate, and every such
corrupt practice was commi tted contrary to the
orders, and without the consent of the candidate;
(b) that the candidate took all reasonable means for
preventing Ihe commission of corrupt pr;lcticcs
at the election; and
(c) that in all otherrespects the election was free from
any corrupt practice on the part of the candidate
or any of his agents,
then the Election Tribunal may decide that the
election of the returned candidate is not void.
I
46. Procedure to be followed by the Election Tribunal :- j

The spirit of the code of Civil Procedure, 1908 i n regard to suits

shall be followed by the Election Tribunal in the trial and disposal
of an election peti tion under this Act.

47. Decision of Election Tribunal :-

(I) At the conclusion of the trial of an elcction petition, the
Election Tri bunal shall make an order-
(a) dismissing the elecrion pelition; or
@) declaring the election of al Ior 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 elec red.
(2) If any person who has failed an eleclion petition has, in
addition to calling in question the election of the returned
candidate,claimeddecImtion that he himself or any other
candidate has been duly elected and the Election Tribunal
is of opinion-
( 159 )
 LatestLaws.com

(a) that in fact the petitioner or such other candidate

received a majority of the valid votes, or
(b) that but for the votcs obtained by the returned
candidate the petitioner or such other candidate
would have obbned a majoriry of the valid voles,
the Election Tribunal shall, after declaring the
election of the returned candidate to be void,
declare the petitioner or such other candidate, as
the case may be, to have been duly eIected.

48. Procedure in case of equality of votes :-

I
I
IF during [he trjal of an election petition it appears that there is an I
equality of votes between any candidates at the election and that
the addition of a vote would en title any of those candidates to be
declared elected, then, the Election Tri bund ssllall decide between
them by lot and proceed as if the one on whom the lot falls had
received an additional vote.

49. Finality of decisions :-

(I) An order of theElectionTrnibunalon an election petition
shall be Final ilnd conclusive.
(2) An election of a member not called in question in :
accordance with h e foregoing provisions shall be deemed i
to be a good and valid election. j

SO. Corrupt practices and electoral offences :-

The following shall be deemed to be corrupt practices for the
purposes of this Act:-
(1) Bribery as defined in clause (I) of section 123 of the
Representation of the People Act, 1951 (43 of 1951).
(2) Undue influence as definedin cIause (2) of the said section.
(3) The systematic appeal by a candidate or his agent or by
any othcrperson, to vote or r e k i n from voting on grounds
 LatestLaws.com

ofcaste, rxe, community or r~lligionor he use of or appeal

to, religious symbols or, the use of or appeal to, national
symbols such as the national flag or [he national emblem,
for the furtherance of the prospects of that candidate's
election.
(4) The publication by a candidate or his agent or by any
other person of any statement of fact which is false, and
which he either believes to be false or does not believe to
be true in relation to the p e ~ o n acharacter
l orconduct of
any candidate, or in relation to the candidature, or
withdrawal from contest of any candidate king a statcrnent
reasonably calculated to prejudice rhe prospects of that
candidate's election.

(5) The hiring or procuring whether on payment orothcrwise

of any vehicle or vessel by a candidate or his agent or by
any other person for the conveyance of rlny elector othcr
than the candidate himself, and thc mcmbers of his family
or his agenr to or from any polling sration provided in
accordance with the rules made under this kct.
Provided that the hiring of avehicle-orvessel by an elector
or by severaI electors at theirjoint costs for the purpose
of conveying him or them to or from any such polling I
I
station shall not be deemed to be a cormpt practice under
[his clause if the vehicle or vessel so hired is a vehicle or
vessel not propelled by mechanical power.
Providedfurther h a t the use of any pu blic transport vehicle
or vessel or any tram car orrailway caniage by an elector
at his own cost for the purpose of going to or coming
from any such polling station shall not be deemed to be a
cormpt practice under this clabse.
Explanation In this clause the expression "vehicle" means
any vehicle used or capable of being used lor the purpose
of road transport whcther propcllcd by mechanical powcr
or otherwise and whether used or drawing other vehicle
or othenvise.
 LatestLaws.com

(6) The holding of any rnee~ingin which intoxicating liquors

are served. .

(7) The issuing of any circular, placard or poster having a :

reference to the election which does not bear rhe name

and address' of the printer and publisher thereof.
(8) AnyotherpracticewhichtheCentralGovernmentmay
be rules specify to be cormpt practice.

51. Maintenance of secrecy of voting :

(I) EveryOFficerorclerk,agencyorotherpersonwho i
performs any duty in connection with the recording or i
counting of votes at an election shall maintain and aid in
maintaining the sec~ecyof the voting and shall not cxcept
for some purpose authorized by or under any law
communicate to any person any informationcalculated to
violate such secrecy.
Any person who contravenes the provisions of sub-sechon
I1
(2)
(I) shall k punishable with imprisonmen~for a term which
may extend to three months or with fine, or with both.

52. Penalty for disorderly conduct in or near polling station : i

1) No person shall, on the date or dates on which a poIl is '

taken at .any polling station..
1
(a) use or operate within or at the enrrance of the
pol Iing station or in any public or private place in
the neighbourhood thereof any apparatus for
amplifying or reproducing the human voice, such
as a megaphone or a loud-speaker; or

(b) shout or otherwise act in a disorderly manner,

wilhin or at [he enlrance oflhe polling station or ;
in any public or piivate place in the neighbouhod
there0 F.
 LatestLaws.com

so as to cause annoyance to any person visiting

thepolling station forthepolt,orsoastoin~erfere
with the work of thc officer and other persons on
duty at the polling station.

(2) Any person who contravenes or willfully aids or abets the

contravention of the provisions of sub-section (I), shall
be punishable with imprisonment fora term which may
extend to three monlhs, or wi th fine, or wi th both.

(3) If the presiding officerof a polling stalion has reason LO

believe that any person is committing or has committed
an offence punishable under this section, he may direct
any police officer to arrest such person, and thereupon
the police officer shall arrest him.

(4) Any police officer may take such step and use such force,
as may be reasonably necessary for preventing any
contravention of the provisions of sub scction ( I ) , and
may seize any apparatus used for such contravention.

(5) An offence punishable under this section shall be

cognizable.

53. Penalty for misconduct at polling station :

(1) Any person who during the hour fixed for the poll at any
polling station, misconducts himself or fails to obey thc
lawful directions of the presiding oficer, maybe removed
from h e polling station by the presidingofficer or by any
police officcr on duty or by any person authorised in this
behalf by such presiding officer.

(2) The powers conferred by sub-seclion (1) shall not be

exercised so as to prevent any elector who is otherwise
entitled to vote a pollins station from havingan opprtuni ty
of voting at that station.
 LatestLaws.com

(3) If any person who has been so removed from u polling

srution, re-enters the polling station without the permission
of the presiding officer, he shalt be punishable wilh
imp~isonmcntfor a term which may extend to threemonlhs,
or with fine, or with both.
(4) An offence punish:tble under sub-section (3) shall be
cognizi~ble.

54. Breaches of oficial duty in connection with election:

(1) If any person to whom this section applies, i s without :
reasonable cause gui ity of any Act, or omission in breach 1.
of his oficial duty, he shall be punishable with fine which
may extend to fivc hundred rupees.
(2) No suit or other legal proceeding shall lie against any such
person for damages in respect of any such act or omission
as aforesaid.
,
(3) The persons to whom this section applies are returning
II
ofliccrs, assistant returning officers, presiding officers,
polling oficers and any other person appointed to perform
1
any dury in connection wih h e election, and the expression
"official duty" shall for the purposes of this section be
construed accordingly. I

Removal of ballot papers from polling station

to be an offence:

(I) Any person who at an election fraudulently takes or

attempts to take a ballot paper our o h polling station, or .
willfully aids or abets the doing of any such act, shall be
punishable with imprisonment for a tern which may extend
to one year, or with fine which may extend to five hundred
rupees,or with both.
(2) If the presiding officcrof a polling station has reason to 1
believe that any person is committed an offence
punishabIe under sub-section (I), such officer may, before
 LatestLaws.com

such person leaves the polling station, arrest or direct a

police officer to arrest such person and may search such
person or cause him lo be searched by a police officer.
Provided that when it is necessary to cause a woman to
be searched, the search shall be made by another woman
with strict tegar8-l to decency.

(3) Any ballot paper ;ound upon thc person aresredon search
shall be made o w r for safe custody to a police officer by
the presiding officer or when thc search is made by a
police oficer, shall be kept by such oficer in safe custody.
(4) An offence punishable under sub-section (1) shall be
cognizabic.

56. Other offences and PenaIties therefore:

(I) A person shall be guiI ty of an electoral offence if at any
election he- I

(a) frauduIcntly defaces or destbys any nomination

paper; or
(b) fraudulently defaces; destroysor removes any list, 1
notice or other document affixed by or under the i
authority of the returning officer, or

(c) Fraudulently defaces or destroys any ballot paper

or the oFFicial mark on any ballot paper; or
(d) without due authority supplies any ballot paper to
any person or receives any ballot paper From any
person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anyhng other

than the ballot paper which he is authorized by
law to put in; or
(0 without due authority destroys, takes, opens
or otherwise interferes with any ballot box or
ballot paper then i,nuse for the purposes of the
election; or
 LatestLaws.com

(g) frdudulent ly or without due auhority, as the casc

may be, at tempts to do any of the foregoing acts
or willfulIy aids or abets the doing of any such
acts.
(2) Any person guilty of an offence under this section shall-
(a) if he is a returning oficeror an assistant returning
oFFiceror a presiding officer ora polling officer or
any other officeror clerk employed on official
duty in connection with rhe election, lx punishable
with imprisonment fora term which may extend
to two years, or with fine, or with both;
!
@) if he is any other person, be punishable with
imprisonment for a term which may ex tend to six
months,or with fine, or with both.
(3) Forthepurposesofthissection,apersonshallbedeemed
to be an official duty if his duty is to lake part in the conduct
of any election or part of an election including the counting
1
of votes or to be responsible after an election for the used
ballot papers and other documents in connection wirh such
election.
(4) An offencc punishable under cIause (b) of sub-section
(2) shall be cognizable.
'
(5) No court shall take cognizance of any offence under
section 54, or under clause (a) of sub section (2) of this
section unless there is a complaint made by order of, or
under authority from, the Election Commission.
I

57. Power to make ruIes regulating the election of members:

The Government may make rules to provide for or to regulate all
'

or any of the matter for the purpose of preparation, revision and 1

maintenance of electoral rolls of wads and holding election of i
nir m b e of
~ the municipal council or town counci I under this Act.
 LatestLaws.com
CHAPTER -V
CONDUCT O F BUSINESS

57.A. Oath or affirmation:

(I) Member of a Municipality, other than an ex-officio
member, shall, before assuming his duties as Member,
make and subscribe an oalh or affirmationof his allegiance
to the Constiturion of India in the form, as may be
prescribed in this behalf.
(2) Such oath or affirmation shall be made and subscribed
before the Deputy commissioner or an officer not below
the m k of Extm Assistant Commissionerlo be nominared
by the Deputy Commissioner.

57. B. Prohibition against sitting and voting before making oath

or afirmation :
No person shall sit and vote as an elected member before he has
compIied with the requirements of section 57 A.

57. C. Time for holding meeting :

Every Municipal shdl meet tor transactjon of business atleast once
in every monrh on such day and at such time asmay, from time to
time, he fixed by regulations.

57. D. Convening of a meeting :

(1) The Chairpersonor in his absence h e Depuiy Chairperson
of a Municipal Council orTown Counci I may convene an
ordinary or special meeting at any time.
(1) , whenever he thinks Fit and
(ii) on a requisition specifying in writing for the
purpose of meeting and signed,bynot less than
one-third of the total numbers of the members,
excludino the nominated members.
PI67 1
 LatestLaws.com
If the Chairperson or Deputy Cllairperson, as Ihe case
may k,fails to convene a meetingwithin a period of seven
days from the dale of thc receipt of requisition, the
members, who had signed the requisi tion, may convene a
meeling in accordance with such rules as may be made
by the Government within a periodaf 30 days of making
such requisition and not wi~hstandingany containedin this
Act, such meeting shall be deemed to be validly convened
fie meeting.
Provided that no business other than that are specified in
the requisition shall be Wdnsacted in such meeting and the
quorum for such meeting shall be as menlioned in sub
section of Section 57 F. i
57. E. Ordinary and Special meeting:
(1) Every meehng of the Municipality,other than an erneroent
meeting, shall be either on ordinary or a special meeting. ,

2) Any business may be transacted at an ordinary meeting

unless required by the Act or Rules to be transacted at a
s p i a1meeting. !

(3) When a special and an ordinary meeting are cal ledon the
same day, the special meeting shall be held as soon as the
quorum is present.

57. F. Quorum:
(1) Subject to other provisions of this Act, the quorum
necessary for transaction of business shall,- !
(a) in the case of an ordinary meeting, be one-third and
(b) in the case of a specia t meeting, be one-half of the
total electedmembers actually serving at the time.
Provided that the quorum necessary of a meeting for
removal of Chairperson shall be one-ha1 F of the total
number of elected members. !

(2) Notwithstandinganyc~ntainedinsubsection(l),ifatan '

ordinary or a special meeting, the quorum is not present,
( 168
 LatestLaws.com

the person presiding shall adjourn the meeting to some

I
other date and the business, which would have been !

brought before the original mee~ing,if there had been a

quorum present, shall be brought before and transacted
at, the adjourned meeting whether there be a quorum
present or not.

57. G. Providing oflicer of the meeting :

( l) The Chairperson or in his absence theDeputy Chairperson
of Municipal Council or Town Council shall preside over
the meeting.
Provided that the Chairperson or Deputy Chairperson
shdl not pmideoverthe special meetingwhen the meeting
has been concerned for considcring a motion for his
removal.
(2) In the absence of Chairperson or Deputy Chairperson,
as the case may be, the members present i n the meeting
shall elect one from amongst themselves to preside over
the meeting.

57. H. Decision by majority note:

Except as othenvise provided in this Act or the Rules made
I
thereunder, all questions which come before any mecting of a
municipality shall be determined by a majority of vore of the
members present and voting.
Providedthat h e presidingofficerof themeeting, in cwof equ!dlity
of votes, shall have a second or a casling vote.

57.1. Members not to vote on matters in which he is interested:

No member shaIl vote at a meeting of the municipality 01. a
committee thereof on any question relating to his own conduct or
vote or take any part in any discussion on any matter, other than a
matter affecting generally the residents of the municipal area for
which h e Municipal Counci I or Town Council, as the case may
be, has been constituted or any particular wards thereof, which
affects his pecuniary intcrest or any property in respect of which
he is directly or indirectly interested, or any property for which he
is a manager or an agent.
1 169
 LatestLaws.com

57. J. Maintenance of order at meeting:

(I) i n ~ at a meeting of the ~ u n i c i ~ a l ishal~
~ h e ~ r e s i dofficer ly
preserve order thereat and shall have such power, as may
be prescribed for [he purpose of enforcing his decisions.
(2) The Presiding Officer at a meeting may dm[any m e m k r
whose conduct is, in his opinion, grossly disorderly, to
withdraw immediate1y from the meering and lhe memkr,
so directed to wilhdnw, shall do forthwith and shall absent
himself during the remainder of h e meeting, Failingwhich
such member shall be liable to removed under section 28 :
on ground of misconduct.

57. K. Adjournment:

(I) In the case of grave disorder arising in a meeting of the

Municipality, [he Presiding Officer may adjourn the ,

meeting or suspend any sitting For a timc to be mentioned

by him and the reasons for such adjournmentor suspension
shall be recorded i n the Proceedings Book.
(2) No adjournment other than that are referred to in sub
section (1) shall be made without the consent of atleast
one-half of the members presents.

57. L. Honorarium, allowances and facilitiesto Members:

The members shall be entitled to receive for attendance at the i
meeting of Municipality and the Committees thereof alIowances I

at such rates and such honorarium and facilities, as may be

prescribed.

57. M. Right to attend meetings:

The Chief Officer of a Municipalily and such other officer of the
Municipality,as aulhorized by the Municipality in h i s behalf, may
attend, speak or othenvise take part in the proceedings, of any
meeting of the rnunicipnli ty or any of its committees but shall not
be entitled to votc in any such meeting.
 LatestLaws.com

CHAPTER - VI
POWERS AND FUNCTIONS O F MUNICIPAL
COUNCIL / TOWN COUNCIL

58. Obligatory functions of Municipal Council:

Every Municipal council shall, having regard to the availability of

Ci nancial resources, make reasonable and adequate provisions for
the following matters within its territorial area by any method or
measure, whch it may lawfully use or take, namely :-
(a) Regulation of land-use and construclion of buildings
(b) PIanning for economic and smial development
(c) Sanitation conservancy and solid waste mmagement
(d) Urban forestry, protection of the environment and
promotion of ecological aspects.
(e) Safeguarding the interests of weaker sec tions of society,
including the handicapped and mentally retarded.

) Provisionof~rbanamenitiesandfaci1itiessuchaspnrks,
gardens, playgrounds.

) Promotion of cultural, educational and aesthetic aspects

(i) Burials and burialsgrounds, cremations, cremation grounds
and elechc crematoriums.

) Cattle ponds, prevention of cruelty to animaIs.

(k) Vital statisticsincluding,regismtion of births and deaths.

0) Public amenities including s t m t lighting, parking lots, but
shops and public conveniences.
(m) Regulation of slaughter houses and tanneries.
 LatestLaws.com
59. Additional functions of Municipal Council :
Subject to the financial-resourcesat the disposal and organizational
capacity of a municipal council, the Government may, by
notification, assign such further functions relating to any other
matters in theTwelfth Schedule to the Constitution of India, as
. may be specified, to the municipal Council.

60. Functions of Town Council :

Subjecttothefinancialresourcesatthedisposalmdorganjzationd
capacity of aTown Council, theGovemment may, by notification,
assign any of the funcsons of Municipal Council specified under
section 58 or any other matter in the Twelfth Schedule to the j
Constitution, as may be specified,to the Town Council. j

61. General powers of Municipal CouncWTown Couilcil :

Subject to the provision of this Act and the ruIes made thereunder,
the administration of MunicipaI Council area or Town Counci I
x e a shall vest in the Municipal Council or the Town Council
constitutedin the respective areas. 1
!
i
62. General power of Chairperson :
(I) The ChairpersonofMunicipal Council or Town Council
shall exercise such powers and perform such functions,
as are conferred upon him by or under this Act and the
rules and regulation made thereunder.

(2) The Chairperson shall preside over the meetings of the

Municipal Council or Town Council.
(3) The Chairperson shall exercise genera1supervision and
cnnml over h e functioning of Municipal Council or Tam
counciI.
(4) The Chairperson shall have access to the records of the
Municipal Council or Town Council and may issue
directions to the Executive Officer and call for reports
and informution from theEecutive Officer w i h a view to
ensuring proper impternentation of the decisions of the
Municipal Council orTown CouncjI.
( 172 1
 LatestLaws.com

63. Power of Chairperson in emergency :

If the Chairperson is satisfied that an emergency has arjsen due to
flood, epidemic, earthquake, outbreak of extensive fire, riot or
extensive damage to any municipal property and is of the opinion
that immediate execution of any work or doing of any act, which
ordinarily requires the approval, sanction,consent or concurrence
of the Municipal Council or Town Council is necessary, thc
Chairperson may direct the execution of such workor the doing
of such act without such approval, sanction, consenr or
concurrence and jn such case, he may direct the expenses for
such execution or doing of b e act, shall be paid from the municipal
fund of the Municipal Council orTown Council.
Provided that h e Chairperson shall report to the Municipal CounciI
or Town Council, as the case may k,at the next following meeting
the action under this section and the reasons thereof for ils ex-
post facto approval or sanction.

64. Powers and functions of Deputy Chairperson of Municipal

CounciVI'own Council :
(1) In the event of the mcurrence of any vacancy in the ofice
of the Chairperson by reason of his death, resignation or
removnI or otherwise, the Deputy Chairperson shall act
as the Chairperson until the date on which a new
Chairperson assumes office.
(2) When the Chairperson is unable to perform his functions
owing to absence, illness or any other cause, the Deputy
Chairperson shall perform the functions of chairperson
until the date on which the Chairperson resumes his office.
(3) The Depuly Chairperson shall, whiIe acting as or
performingthe functions ofthe Chahperson. have all the
powers of the Chairperson under this Act.

65. Executive Officer :

There shaI1 be Executive Officer in each Municipal Counci I and
Town Counci I.
 LatestLaws.com

66. Appointment of Executive Of'ficer :

'The Government shal! appoint Executive OFficer in accordance
with the procedure as maybe prescribed in rhis behalf.

67. Salary and allowances of Execu tive OfFicer :

The Exec~ltiveOfficcr shall be paid out of the municipal fund of
Municipal Council or Town Council, as the case may be, such
monthly saliuy and allowance, as may txfixed by the Government
from time to time and may be given such facili~ieslikeresidential
accommodation and conveyance, as may be prescribed by the
Government.

68. Powers and functions of Executive Officer :

(I) TheExecutive Officershall:
'
(a) Carry out he day to day administrarion of the
Municipal Council or Town Council.
(b) Exercise the powers and perform the functions I
specifically conferredor imposed upon him by or i;
under this Act and mles madc thereunder.
(c) Assign the dulies and supervise and conlrol the
acts and proceeding of all OHicers andemployees
of the Municipal Council or Town Council.
I
(2) A11 Officers and employees of the Municipal Council or )
Town Council, as the case may be, shall be subordinate I
to the Executive Oficcr.

69. Authentication of orders and instruments :

All orders and insrruments made and executed i n the name of a
Municipal Council orTown Council, shall kauthenticated in such
rnanncr, as may be prescribed and the validity of such orders or
instruments, so authenlicaled shall not be cal led in question on the
ground that it is not an order or instrument, made or executed by
the Municipal Council or Town Councjl.
( 174
 LatestLaws.com
70. Doubts as to powersor functions of the
Municipal authorities:

(1) If any doubt zuisesas to whether any parliculworfunction

appertains ro any Municipal authoriry, the matter shall be
referred to Ihe Government for decision.

(2) The Government shall convey its decision on the matter

referred to in sub-section (1) to he Municipal Council or
Town Council.
(3) Thedecisionoftl~cGovernmentconveyedundersub-
section (2) shall be final and binding on thc Municipal
Council or Town Counci I.

71. Exercise of powers and performance of runctions subject to

conditions :
Save as otherwise provided in [his Act, the exercisc of any powem
or imposed upon
or the performance of any function confc~red
Municipal Counci1 or Town CounciI, as the case may be, and its
respective authority by or under this Act, which involve an
expenditure shall k subject to the following condirions, namely:-

(a) such expenditure in so far as it is incurred i n the year i n

which such power is exercised or such functions is
performed shall be provided for under the budget-grants
for that year, and

(b) if the exercise of such power or performance of such

funcrionin ayearinvolvesorlikely toinvolve an expenditure
for any period or a1 any time aftcr the close oithe said
year, such expenditure shall not be incurred, unless
providcd for in the budget of the rclcvant year duly
sanctioned by the Government.
( 175)
 LatestLaws.com

72. Tkansfer of functions of Government:

(1) No~withstmdinganything contained in this Act or any otl.;r

law for the time being force, the Government may, in
consultation wj th Municipal Counci I orTown Council and
subject to such conditions as the Government may think
fit ro impose, transfer, by an order published in the Official
Gazette, to rhar MunicipaI Counci I orTown Counci I, any
function or duty of the Govcmrnent under any law, which
rhe Legislative Assembly of h e State is competenr toenact
or which i s otherwise within the executive power of the
State and which appears to be related to the matters arising
within the areaof such Municipal Council orTown Council.

(2) Without prejudice to the generality of the provisions of ,

sub section (1) h e Governrnenr may transf&any ~ u n i c i ~ l
functions and duties, as are performed or discharged by
the depwments of the Government in-relationto any of
I
the matters specified in the Twelfth Schedule in the I
Constitulion.

(3) The Government shall, on such transfer, allot to such :

Municipal CounciI or Town Council, such fund and i

personnel, as may be necessary to enabIe such Municipal I,
CounciI orTown Council, as may be spacific in this behalf.
 LatestLaws.com
CHAPTER - VII
MUNICIPAL OFFICERS
AND
OTHER MUNICIPAL EMPLOYEES

73. Appointment and pay of establishment:

(1) TheMunicipal Council orTom Council, as the case may

be, may, with the previous approval of the Government,
create posts of different categories as may be necessary
for exercising powers or performing functions of the
Municipzll council or Town council.

(2) The Government may in consuItation with municipalities,

makc rules for regulating the mcthod of recruitment.
qua1ifications required for recrui tment, the conditions of
service, discipline and control of employees, their duries
and hnc tions and heir classification i nlo different calegories
on the basis of their duties and responsibilities and scale
of pay of such posrs.
 LatestLaws.com
CHAPTER - VlII
DIRECTION AND CONTROL

74. Powers of Government to require production of documents

and submission of reports:
(I) The Government may at any lime require any municipal
authority of a municipality, or the Chief Officer of the
Municipality, -

(a) To produce any record; correspondence,plan or

other documents in its possession or under his
control;

(b) To furnish any report, rcturn, plan, estimate,

statement, accounts or other sta~isticsrelating to '
the proceedings, duties or works of the
municipality or any municipal au thorily,
for thc purpose of inspection and thereupon [he municipal
aurhorily or the Chief Olficer, as the case may be, shall i
comply with such requirement within such time, as may
be specified by lhe Gove~nmentfor the puipose.
(3) Every Municipality shall, - I
I
(a) Fonvard LO the Government, the proceedings of I
I

the meetings of the Municipality and of a I

Cornmiltee thereof within such time and in such i
manner as maybe prescribed; and
(b) Submit to the Government such periodical reports
relating to the affairs of the MunicipaliLy, as the
Governmcnt may di rcct.

75. Power of Government to depute officers to make inspection

or examination and report:
 LatestLaws.com
The Government may depute any of its officers to inspecr or
examine any department, office,service, work or property of the
Municipality and to report thereon, and such officermay, for [he
purpose of such inspection or examination,exercise all the powers
of the Govemrnenr under section 74.

76. Power to annual or suspend any proceedings, resolution or

order of Municipality or of municipal autliority, -
(1) The Government may, by order in wriling, stating the
reasons therefore, annual any proceedings, orrcsolution
or order of, -
(a) TheMunicjpa1ity;or
(b) Any other municipal authority;or

(c) Any oficer of the municipality,

If thc Government considers thar such proceedings or
resolution or order, as the case maybe, -

(i) Is in excess of the power conferred by this Act or

the rules made thereunder, or against m y direction
of the Government; or

i ) Is likely tocause waste or damage ofany proprty

of the Municipality or loss of municipal fund; or

oii) Is likely to lead to ;i breach of peace orencouinage

lawlessness, by causing injury or annoyance to
any cIass of persons.
No such proceedinzs,resolution or order shall be annulled
afler the expiry of aperiod of forty five days, -

(a) In the case of a proceedings or resolution or order

of the Municipality or a Cornmittce,from thc date
of receipt thcreof from-the Municipality or a
Committee thereof, as the case may be;
 LatestLaws.com

(b) I n the case of a proceedings or resoIulion or order

of any other municipal authority or any ~fficerof
Ihc Municipality, within fifteen days frrm the date
of receipt of a report under section 74 or from
the dale, the Government comes to know of such
proceedings or rcsoluljon or order in any other
manner, whichever is earlier.

(3) Notwjthstanding anythingconrained in subsection (I) or

sub-section (2)no such order of annulment shall be passed
by thc Governmcn t unless n pcriod of ten days has been
sivcn to the Municipality or the Municipal aulhority or the
'

ohicer of the Municipality ta show cause and the causes

shown are considered by the Government.

(4) The Government may also, by order in wriling suspend

the execution of any proceedings, resoIurion or order of :
the Municipality or the Standing Committee or other
municipal authority or any oFficeror the Municipality,- 1I
(a) in the case of the Municipality or acornmiltee, 1 '
within fifteen days from the date of receiplthereof
by the Government;
(b) in the c a e of any other municipal autl~ority or any
officer oFtheMunicipahty,within fifteen days from ,

thc date of receiptof a report under section 74or

from the date, the Govcrnment comes to know
ofsuchproceedingswresolutionororderinany I

other manner, whichever is earlier:

Provided that the order of suspension shall cease to
operate on the expiry ola period of thirty days from the
dare referred to in clause (a) or cIause (b) of sub-section
(2).

General powers of Government over omcers,-

Notwithstanding any hing contained in this Act, [he Government,-
 LatestLaws.com

(a) may reverse or modify any order of any officer of the

Government p&-or purporting to, have been&under
his Act, if the Government considers such order to be,-
() notinaccordancewiththeprovisionsofthisAct
or the rules made thereunder; or

i ) for any reason, to be recorded in writing,

inexpedient;and

(b) shall for the purpose of carrying out (heprovisions of his

Act, exercise over its officers all powers of
superintendence, direction and control:

Provided that where such revision or modification affects

or is likely to affectany person adversely, such revision or
modification sha!l not be made without giving the person
a reasonable opportunity of being heard.

78. Powers to issue directions and poIicy guidelines:

The Government may, horn time to time, issue such dimtions or
policy guidelines, not inconsistent with the provisions of this Act
or the rules made thereunder, as it may consider necessary, tolhe
Municipalities for the purpose of performjng their functionsunder
this Act and it shall be the duty of the Municipalities to perform
their funclions in accordance with such directions or policy
guidelines.

79. Powers of Government in case of default,- If, at any time,.

(a) itappearstotheGovernmentonrhereportreferredtoin
section 74; or

(b) the Government,is satisfied afterinquiry,

 LatestLaws.com

that the Municipality or any municipal authoriry has made default

in performing any function or discharging any duly imposed on i t
by or under this Acl or the rules made thereunder or any law for
the time being in force it may, by order, in writing fix a period for
the due performance of such function or discharge of such duty
and the Municipaliry shall be bound to perform such function or
discharse such duty within the period so fixed.

(1) If in the opinion of the Govemment, a Municipality,-

(a) is not competent to perform, or has shown gross
neglect in the performance of, the duties imposed
upon i t by or under this Act or any othcrlnw for
the rime being in force; or
(b) peihsislently makes default in the performanceof '
'

such dutics or complying with lawful directions

and orders issued by the Government or any i
aurhority under any law for the time being in force
to issue such directions or orders; or

(c) excccds or abuses its power; or

(d) the financial position and the credit of the ,

Municipality is seriously threatened, !

!
I
the Govemment may by morder published in the Official I
Gazette wi th reasons therefore,dissolve the Municipality: iI
Provided that Municipality shall be given reasonable I
opporrunityofbeingheardwithinaperiodofnotlessthan ,

fifteen days in such manner, as may be prescribed before

its dissolution.
If any question arises as to whether any of the grounds
mentioned in clauses (a), (b), (c)or (d) of sub-sec tion
(11, has been satisfied, the opinion of the Government as
recorded in writing in the order of dissolution, shall be
final and conclusive.
( 182 )
 LatestLaws.com

81. Consequencesof dissolution,-

(1) When a Municipali ty is dissolved under Secrion 80

(a) all members of the Municipality shall vacale their

offices lorthwith;

(b) all powers, functions and duties of the

Municipality; and- [he Chairperson or Deputy
Chairperson of a Municipal Council or n Town
Council, as the case may be shall during the
dissolution, subject to such directions, as the
Government may horn lime to time, give in this
behalf, bc cxerciscd, performed, and dischnrgcd
by a Government officer to be known as
Administrator, as thc govcrnmcnt may, by
notificalion, appoint in [his behalf, and

(c) all pmprries vested in he Municipality shall, during

the period of dissolution, vest in the Government.
(2) The Government shall fix the remuneration of the I

I
Administrator appointed under clause (b) of sub-section
(I) and may direct that such remuneration shalI be paid
out of the Municipal fund of the Municipal.

(3) Upon the dissolution of a Municipality under sub-section

(I), the Government shall reconstitute a Municipality in
accordance with the provisions of this Act.

82. Appointment of an Administrator when election cannot be

completed,-

(I) Where on account of an order of any Court, election to

constitute a Municipality cannot be completed,-
 LatestLaws.com

(a) before [he expiry of i ts durition specified under

seclion 10

(b) before the expiry of a period of six months from

the dale of its dissolution;

The Government may, by notification, direct that during

the period of operation of the order of the Court, -

(i) all powers and duties of the municipality,

Chairperson and Deputy Chairperson, when
I
elections to constitute a h i u n i ~ i p aCouncil
~ or a
Town Council, as the case may be, cannot be
completed and the committees thereof, shall,
subject to such directions, as the Government :

may, from time to time, give in this behalf, be

I
exercised and performedby a govemmen t ofi cer
to be known as Administrator, as the Government
may appoint in this behalf; and

(ii) all properties vested in the Municipality, shalI,

during the period of the operation of the order of
the Court, vest in the Government.

The Government shall fix the remuneration of the

Administrator appointed under clause (i)of sub section
(l),and may direct that such remuneration shall be paid
out of thc municipal Fund.

After the expiry of the period of the order of the Court,

the Government shall take further steps to constitute the
Municipality in accordance wi th the provisions of this Act.
 LatestLaws.com

83. Appointment of Administrator in special or emergent

circunistances, -

(1) No~ithstandnganyhing contained in this Act, where, due

to certain special, ernergent or unforeseen ci~umstances,
cleclion to a Municipality cannot be held or completed
before the expiry of its duntion specified in section 10 or
More the expiry of aperid of six monh OF its dissolution,
the Government may, by noti ficatjon, appoint a
Government officer to bc known as Administrator to
exercise, perform and discharge the power, duties and
funclions of a Municipality subject ro such directions, as
-2'
may be given in this behalf by the Govemment.

(2) All powers and duties of a Municipality,Chairperson or

Deputy Chairperson, when election to constitute a
municipal Council or aTown Council as the case may be,
cannot be heldor completed and the committees thereof,
shall subject to such directions as the Govemment may
from time to time, give in this behalf, be exercised and
performed by such Administrator.

(3) A11 properties vested in the municipality,shall during the

pericd, when elections are not held or completed, vest in
the Govemment.

(4) The government shall fix the remuneration of Adminismtor

appointed under sub-section (I), and may direct hat such
remuneration shall be paid out of the Municipal Fund.
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CHAPTER - 1X
URBAN STATION COMMITTEE

83. A. (1) Where an area is specifiedas Urban Station Committee

m a under section 5, the Government shall, by notification,
establish UrbanStation Committee for such area.
(2) The Urban Station Comrni ttee shall be composed or such
members to be appointed or elected as the Government
may, by notification, direct.
(3) A Committee established under sub section (1) of this
section shall be a body corporate by the name of 'The
..... ............. UrbmStation Committee" and shdl have
a perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold or
dispose of properties and may by [he said name suc and
be sued.
(4) The Government may appoint any person, whether a
member of the Urban Station Committee or not, to be
Chairperson or Deputy Chairperson or may aulhorize such
committee to elect jrs Chaiqxrson or Deputy Cl~airperson
or both and fix the term o i the officeof Chairperson and
Deputy Chairperson.

83. B. Functions and Powers of Urban Station Committee:

Subjcct to he financial resources at h e disposal andorganizational
capacity of an Urban Station Committee, [he Government may,
by notification, assign any of the functions wd powers of Municipal
Council or Town Council to the Urban Station Cornmillee, as
may be spcci fied.

83. C. Urban Station CommitteeFund:

All moneys receivcd by lJrban Station Committee shall be kept
and be applied in thc manner as providcd under the provisions of
Chaptcr- I of part Ill of this Act.
I 186)
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PART - 111
FINANCE
CHAPTER -I
MUNICIPAL FUND
84. Municipal Fund:
There shalI k cons~itutedfor each municipal i ty aMunicipal Fund
to be called:
(a) In the case a municipal council, h e municipal fund of the
Municipal Council, and
(b) In the case a Town Council, the municipal fund of the
Town Council,
to be held in aTmst by theMunicipa1Council or theTown Council,
as the case may be, for the purpose of this Act and all the moneys
realized or realizable under lhis Act and all moneys othcnvise
received by thc Municipal Council or the Town council, as t h c
case may be, shall be credited Ihercto.

85. Custody olMunicipal Fund:

AIl moncys received on account of thc Municipal Fund of a
MunicipaIity, shall be deposited with the State Bank of India 01.
any of its subsidiaries, or with any nationalized bank or with the
Nagaland S tate Cooperative Bank in thc municip:ll arca of the
Municipality and shall be credited to an account to be called:
(a) in the case of Municipal Council, the account of the
Municipal Council; or
(b) I n [he case qf a Town Council, the account of the Town
Council, as the case may bc, to which it belongs:
Provided that if in the Municipal m a of the Municipality, there is
no branch oichc State Bank of Indiaor anyone of i ts subsidiaries
or any Nalion;ili7xd Bank or wi th the Nagaland State Cooperative
 LatestLaws.com

Bank, the moneys on account of the Municipal Fund may, with

the approval of the Government be deposited in any other bank in
the Municipal area or in any branch of the State Bank ofIndiaor
any of its subsidiaries or in any Nationalized Bank or the Nagaland
Stale Cooperalive Bank outside the municipal amil:
Provided furlhe~'lh;itall moneys on account of the Municipal Fund
of a municjpalityshalf bedeposited in onebankaccountonly:
Provided further that the amounl of the Municipal Fund of a
Municipality may be transferred from one bank to another bank
through a resolution passed in this behalf by a Municipality in h e
prescribed manner.

86. Application of Municipal Fund:

(1) A11 moneys credited to the Municipal Fund, fmmtime to
timeshall bc applied for payment of all sums,charges and
costs necessary for carrying out the purposes of this Act
and the rulesand regulations made thereunder or for which !
payment is duly directed, sanctioned or requjred by or
under any of the provisions of this Act.
(2) Such moneys shall likewise be applied in payment of all
sums, payable out of the Municipal Fund under any other
enactment for the time being in force.
I
(3) Notwithstanding anything contained in this Act, such
moneys may also be applied in payment of all sums, I i
charges and costs on all acts and things which are likely I
to promote the safety, health, welfare, or convenience of
the inhabitants of the municipal area, or the expenditure
whereon may be declared by the Municipalily, with the
sanction of the Government, to be an appropriate charge ,

on the Municipal Fund.

(4) NoexpenditureoutofrheMunicipalFundshallbeincu
by any Municipality beyond the municipal area of such
Municipality:
(188)
 LatestLaws.com

Provided that the Municipality may, with the approval of the

Government, incurexpendi ture beyond the Municipal area of the
Municipality for theexecution o Fprojrxrs or for creation of physical
assets outside the limits of such municipal area as we1l as for [he
operation and maintenance thercof for carryi ng 011 t thc purposes
of this Act.

87. Payment not to be made unless covered by budget-grant:

No payment of any sum shall be madc oul of lhc Municipal Fund
unless such expenditure is covcred by ilie current budger grant
and a sufficient balance of such budget-grant is s t i l l available
which may have
nohvithstandingany reduction or ~ ~ h n s fthe~eof,
cr
been made under the provisions of this Acl:

Provided that thep~~ovisions of this seclion shall not apply ro the

pay men ts made in the following classes of cases, namely:-
(a) Refund to taxes and orher moneys, which are
authorized under this Act;

(b) Refund of sccuriries and call deposits to

contractors or other persons:

(c) Sums payable i n any of t h e following

circumstances, namely, -
(d) under the orde~softhe Government on [hefdilure
of the Municipali~yto rake any action as required
by the Government; or
(i) undcranyothcrenactmcntforthctimebeingin
force; or
(ii) undera decree or order of a civil or criminal coud
passed against the Municipality; or
jiii) under acornpromise of any claim, suir 01-olhcr
legal proceedings; 01.
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(iv) on account of costs incurred in taking immediate

action under section 63 by the Chairperson in the
cnsiof a Municipal Counci Ior Town council as
the case may be;
(e) temporary payment for works urgently required
by rhe government i n the public interests;

(f) sums payable as compensation under this Act or

the rules made thereundcr;

(g) expcnscs incurred by the Municipality on special

measures, if any taken in the outbreak of
dangerous diseases; and

) amount payable to the government by way of

audit fee, if any.

88. Power of Government to direct use of Municipal Fund for a

particular purpose,-
i
Notwithstandinganything conlined in this Act, the Government
may requircd n Municipali ty to e m a r k a particularportion of the
Municipal Fund of the Municipalty or a paflicular grant of a part
the~eof,or any i tcm of receipt under any head or any percentage
thereof, or any share of tax receivable by the Municipality under ,
othcr law for the time bcing in force, or any part thereof to be i
urilized cxclusively for any specified purpose and i t shall be
mandatory on the pan of the municipilily to do so. I

89. Investment of surpIus moneys, -

(1) Surplusmoncy standing at thecrcdit of IheMunicipal Fund,
which cannot immediately or at an early date be applied
for the purposes specified i n sect ion 87, shall be invested
in the prescribed manner :
Provided lhal adequate safeguards, as may be prescribed, shall '

be followed against Ihe unproductive and speculative investments.

( 190 1
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(2) The loss, i f any, arising from such investments. shall be
debi tcd to the Municipal Fund.

90. Constitution of Special Funds,-

) Notwithstanding anything contained in Section 85, the

Municipality may, with rhe prior approval OF the
Government,constitute such special fund or iunds, as may
be necessary for rhe purposes of this Act.

(2) Thc constitution and disposal of such funds shall kc made

in such manner, as may be prescribed.

91. Operation of bank accounts,-

Save as otherwise provided in this Act, no payment shall be made
from the bank account referred to in secrion 86 out of the Municipal
Fund,except on cheque signed by,-
(a) in the case of Municipal Counci1,-

(i) the Chairperson or i f so authorized by the

Chairperson, rhe Depu~yChairperson or an
elccted mcmber, as the case may; and
(ii) the Execulive Oificer; and

(b) inthccaseofTownCouncil,-

(i) Chairperson, or if so authorized by the

Chairperson, the Dcputy Chairperson or an
elected member, as the case may bc, and

(ii) the Executive Officer.

 LatestLaws.com
Duty of persons signing the cheque,-

Before a cheque is signed in accordance with the provisions of

section 91 or n bill signed for payment of any amount from the
bank account,-

(a) I n the case of the MunicipalFundof a Municipal Council,-

(i) the Chairperson or when so authorized under

clause (a) of section 91, the Deputy Chairperson
or an elected member, as the case may be; and

(ii) the Executive Officer;and

(b) in the case of Municipal fund of a Town Councj1,-

(i) [he Chiiirpersonor when so authorized under

clause (b) of section 91, the Deputy Chairperson
or an elected member, as the case may be; and

shall satisfy themselves that the sum for which the cheque
is drawn or which is specified for payment in the biI1, as
the case may be, is ei [her,-

) required for the purpose or work specifically

sanctioned by the appropriateauthority; or

i requi red for payment rcferred to, or spcci fled, in

seclion 87 or section 88 as the case may be.
 LatestLaws.com

CHAPTER - II

93. Power to raise loan by issue of debentures,-

(1) As may be authorized by notification, Municipal Council

orTown Council may, by passing a~solutionin this behalr,
raise a loan, by the issue of debentures or otherwise on
the security of any immovable property vested in i t or
proposed io be acquired by it or any of he taxes, rates,
cesses, fees and charges Ievied under this Act, for any
sum of money, which may bc required,- .

(a) for acquiring any land, which it has powcl- to

acquire;

(b) for erecting any bui tding, which i t has powcr to

erect;
(c) for the execution of any permanent work. the
provision of any plant, or rhe doing of any other
thing, which i t has power to cxccu~c,providc or
do, if the cost of carrying out the purpose in
question is required lo be spread over a term of
years;
(d) for payment of debt duc to the Governrncnt;
(e) for repaying any loon previously raised under this
Act orany other Act previously is force; or

(F) for any other purpose for which Lhe Municipal

Council or thc Town Council as thc case may bc,
is by virtue of this Act or any other law for the
time beingin force,aulho~izedlo borrow Provided
that,-

(i) no loan shall bc raised without the prior appiavnl

oLthc Govcmmcnt; and
( 193)
 LatestLaws.com

(ii) r11e an-rountof loan, the rate of interest to be paid

for such loan and the terms and conditions,
including [he date of floatation, the time and
method or repayment, shall be subject to the
approval of the Government.

(2) Whcn any sum of money has been borrowed under sub-
section (I), no portion of any sum of money borrowed
for the purposesreferred to in clause (c) of sub-section
(11, shall be applied to the payment of salary and
allowances to any officcrs or the Municipal Council or
the Town Council, as the case may be, other rhan those
exclusively employed in connection with the carrying out
of rhar purpose.
(3) The loan raised under sub-section (1), shall not be spent
on purchi~seof vehicles andcon~ingent expenditure unless
specially provided for in [heconceined scheme or project.

94. Form and effect of debentures,-

All debcntures issued under this Chapter shall.-

(a) be in such form, as the Municipal Council or the Town

Council, as the case may be, may, with the previous
sanction of the Government, deterrninc; and
(b) be transferable in such manner, as shall be expressed
thercin.

95. Constitution and investment of sinking Funds,-

(I) Municipal Counci 1 or a Town Council, as the case may
be, aulhorized under sub-section (1) of seclion 93, shall
constirure sinking Funds for the repayment of moneys
borrowedon debentures issued and shall pay every year
into such Sinking Funds such sum, as will be sufficient for
ihe repayment within lhe period fixed for thc loan of all
moneys borrowed on the debentures issued.
( 194)
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(3) All moneys paid into the Sinking Funds shall, be soon as
possible, bc invested by thc Chief Officer, under the
directions of the Municipality, in public securities in the
prescribed manner.

(3) All dividends and other sums received in rcspcct of any

such investment shall, as soon as possible after receipt be
paid in to the Sinking Funds and invested in rhe manner
laid down in sub-section (2).

96. Application of Sinking Fund:-

A Sinking Fund on my part thereof, shalI be applied in or towards
the discharge of the loan or part of [he loan for which such fund
was created and unti I such loan or part is wholly discharged, such
Fund shall not be applied lor any other pulpose.

97. Annual Sta ternen&-

(I) The Chief Officer of a Municipality sha1l;at the end of the

every year, submit to thc Municipality, a statcment
showing:-

(a) rheamount,which has k e n investedin thesinkins

Fund or Funds during the year under sec tion 95;
(b) the date of the last investment made prior to the
submission oirhe statement;

(c) the aggregate mount of the securitiesthen in hand;

and

(d) thc aggregate amount, which has up to the date

of the statement been applied under section 96,
in or towards the discharge of loans.

(2) A copy of every such statement shall bc submitted to the

Government.
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98. Annual examination of Sinking Fund:-

(1) All Sinking Funds constituted under this Act, shall bc

subject to annual examinalion of Audit Authority, who
shall asccmin whether the cash and the valuc of securities
belonging thereto, are equal to thc amount, which should
be at thc credit of such Funds had the investment under
section 95 becn regularly mndc and had the interest
accruing on account of such inveslment been regularly
obtained.

(2) The Municipal Council or thc Town Council as lhe case

may bc shall Pofll~with, pay i n t o [he Sinking Fund such
amount, as [he Audit Authority may certiry 10 be a deficit
in respect of such Fund, unless the Governmentspecially
sanctionsa 21~nduatre-adjustment of such deficit.

(3) Ifthecashandthevalueofthesecuridesatthecreditofa
Sinking Fund arc in excess of the amount, which should
bc at its credit, the Audi t Authori ty shall cerriry the amounl
of such excess sum and r he Municipal Council or the Town
Council, as lhe case may be shall thercupon, tnnsfer the
excess sum to the municipal Fund of the Municip~lity.

(4) If any dispule arises as to accuracy of any deficit or exccss

referred to in t hc certificate i~ndersub-section (2) or sub-
section (3), rhe municipal Council or theTown Council,
as the case may be, may after payment of such deficjt or
after rransfesof such excess, as the case may be, refer t he
matter lo [he Government whose dccision thercon shall
be final.
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99. Borrowing by Municipalities:

(1) m a ~prior
A ~ u n i c i ~ a l i t ~ - with , permission or lhe
Government obtain loans from any financial institution or
any nationalized bank or any other Municipalily, and the
Government may, if i t considen so necessary, stand as
the guarantor for pay men t .

(2) The Government may require a Municipali~yLOobserve

such financial discipline in the matter of debt servicing
including the creation of Sinking Fund, as the Government
may think fi t and proper and in doing so, the Government
may prescribe differentsets of rulcs for obscrvance by
different groups of Municipalities depending upon the
circumstances and nature of cases.

100. Power to direct a Municipality to advance loan to another

Mdnicipality.

The Government may, direct a Municipality, keeping in view its

financial position to advancc, loan to another municipality at such
rate of interest, as may be prescribed.
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CHAPTER -111

BUDGET ESTIMATE

101. Preparation of budget estimate:

(1) The Chief Officer of Municip;ility shall prepare in each

year a budget estimate along with an Establishment
Schedule of the Municipality forcnsuing year, which shall
be rrn estimate of the income and expcnditure of the
municipality.

(2) The Chief OFficer of the municipality shall place before

Municipal Council orTown Council, as the case maybe,
not later than fifteenth day of January in each year, the
budget estimate prepared under sub-seclion (1) along with
a copy oi the Establ ishment Schedule of h e Municipali~y.

(3) The Budget Estimate and ll~ehtablishmentSchedde,shall

be prepared in such form, in such manner and con raining
such particulars as may be prescribed.

(4) The statement referrcd to i n sub-section (2) of section

119 Shall be wilh the budget estimate. .

102. Sanction of the budget estimate,-

(I) The Municipali~yshall consider the budget es~irnate,and

adopt for thc ensuing year the budget estimate with such
changes, as it may consider nccessary, not later than
fif[eenth day of February of that yeaand submit Ihe budge[
estin~atcso adopred to thc Government.
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(2) If the budget estimate is not adopted by the Fifteenth day

of February of that year, the Chief Officer of rhc
Municipali~yshall submit t h e budget eslimak to the
Government.

(3) The budget estimate received by the Government. under

sub-section ( I ) or sub-section ( 2 ) ,shall be returned to
t h e Municipality before the thirty-firs1day of March of
that year after sanction with or without modificalions.

103. Power to alter budget grant,

A Municipality may, Prom time to time, during the year, -

(a) increase the nmounr of any budget-grdnt under any head:

(b) make an additional budget-grant for the purpose of

meeting any special or unforeseen requirement arising
during t h e said year;

(c) tnnsfer the amount of any budget-pnt or portion thcrcof

under one head to the amounl of budget grant under any
other heads; or

(d) reduce the amount of the budget-grant undcrany head:

Provided that no such increase in a budget grant or an additional

budget grant or the transfer of an amount L ~ ~ ~hltdget
I L - I - grant or
any portion thereof under any head to anolhcl- he;d r 11 ~ r d ution
c
in the amount of budget-grant in any year, shall bc madc without
the prior approval of the sanctioningauthority referred to in section
102, and after such approval, it shall be'deemedlo bc included in
budge1 estimate finally adopted for the year.

(.I99 )
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CHAPTER - IV
ACCOUNTS- AND AUDIT

104. Maintenance of Accounts, -

The Executive Offrcer, in the caw of a Municipal CounciI or Town

Council, as the case may be, shall prepare and maintain accounts
of receipts and expendi t ures of a Municipal Counci I or a Town
Council in such form and in such manner, as may be prescribed.

105.. Preparation of Municipal Account Code, -

'

The Government shall prcpnre and main lain a code to bc known

as the Municipal Account Codecontainingall the financingmatters,
and the procedure relating thereto in respect of the Municipalities.

106. Financial statement, -

(1) The Chief Officer of a Municipality shall, within three

months of the close of a year, cause to be prepared a
financial statement for the preceding year in resgect of the
accountsof the Municipality.

(2) The form of the financial statement and themanner in which

the financial statement shal l be prepared, shall be such as
may be prescribed.

107. BaIance Sheet, -

(1) The Chief Officer of aMunicipali ty shall, within three
months of the close of a year, cause to be prepared a
balance shmtof the assets and liabilitiesoftheMunicipality
for the preceding y e x
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(2) The form of the balnncc sheet and the munner in which
the balance sheet shall be prepared, shalI be such, as may
be prescribed.

108. Submissionof financial statement and balance sheet to the

Audit Authority,
The financial statement prepared under section 106 and the balance
sheet of the assets and Iiabili ties prepared under section 107 shall
be placed by the Chief Officer of the Municipality before the
Municipal Council or the Town Council.
Who after examination of the same, shall adopt and remit these
within one monrh to the Audit Authority provided in section 109.

109. Audit Authority. -

(I) The audit of the occounts of the Municipality, including
the accounts of the special funds, if any, shall be conducted
by the audi t authority in such manner as theGovernmenr
in the FinanceDepartment ,may prescribe in consul tation
with thedepartment o f b a l Government.

(2) The Audit Authority may, -

(a) require, by written nolice, the production before
it or before any officersubordinale to i t of any
document, which the Audit Authoriry considers
necessary for the proper conduct of the audir.

(b) require, by wrilten notice, any person accountable

for and having custody and control of any
document, cash or article to appear in person
before such authority.
(c) require, any penon so appearing kfore i t or such
oFficer to make orsign a declaration with respect
to such documents, cash or article or to answer
any question and to prepare and submit any
statement, and
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(d) causcphysicalvcrificationofcashandofany
stock of articles in the course of examination of
accounts.

(3) The Chief Officer of theMunicipalily, shall comply with

such requisitions of the Audit Authority, as may be made
under sub-section (3)

110. Audit Report, -

(I) As soon as practicable aftcr the compleLion of audit of

the accounts of the municipality, but no Inter than the
thirtieth day of September each year, the Audit Authority
shill I prepare a report of the account audit and examined
and shall send such report to the Chief Officer of the
Municipality.

(3) The Audit Authority shall include in such r e p a slaternen1

showing,

(id) every payment, which appears to the Audit

Authority to be contrary to law;

(b) the account of any deficiency of loss, which

appears to have been caused by gross negligence
or misconduct of any person;

(c) the account of any sum receivcd which ought to

have been, but has not k e n brought into account
by any person; and

(d) anyotherma~erialimpmprietyorimgulari~,which
may be observed i n the accounrs.
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111. Placing of audited accounts before the Municipality, -

(1) The Chief Officer of a Municipality shall place the audited
financial statement, the balance sheet and lhe report of
the Audit Authority and comments lhereon, before h e
Municipality beforc the thirty-first day December every
year for its consideration and its adoption at a special
meeting.
(2) The Chief Officer shall rcmcdy any defect that has k e n
pointed out by the Audit Authority in its report.

Audited accounts to be submitted, -

(1) The Chief Oficer of the Municipality,shall, dler adoplion
of the financial statement and the balance sheet and the
report of the Audit Authority, fonvard the snme to the
Government together with a report of the action taken
thereon by the Municipality and shall also send copies
thereof to the Audit Authority.

(2) If there is any difference of opinion between the Audit

AuthoriLy and IheMunicipdityor ifthe Municipality does
not remedy the defects or irregularitiespointed out in the
report of the Audit Authority within a reasonable period,
i ~ refer the matter to the Government
the Audit ~ b l h o rshall
whose decision shall be final and binding.

113. Special Audit, -

In addition to the audit of accounts under section 109 the
Govemment may, if i t thinks fit, appoint a petxon having prescribed
qualifications toconduct a special audit pertaining to any specified
item or series of items requiring thorough examination and the
provisions of this Chapter relating to audit shall, mutalis-mutandis,
apply to such special aucht.
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CHAPTER -V
MUNICIPAL PROPERTY

114. Power to acquire and hold property, -

Every Municipality shall, for the purpose of [hisAct, have power
to acquire, by gift,purchaseor otherwise, and hold, movable and
immovable property or any interest therein, whether within or
outside limits of the municipal area.

115. Vesting of property, -

(I) Notwithstanding any fiing containedin any other law for
the time being i n force, the movable and immovable
properties of the following categories within the Iimit of
the municipal area of a Municipality shall, unless the
Governrnenl, by notification, otherwise directs, vest in the
Municipalityconsrituted for such aka, namely :-
(a) allpublicandcomrnon~andsnotbelongingtoan
Government Deportment or statutory body or
corporation;
@) all public tanks, streams, reservoirs and wells;
(c) all public markets and slaughter-house;
(d) all public sewers anddrains, channels, lunnels,
culverts and water courses in, alongsideor under
any suet.
(e) Allpublicstreetsandpavementsincludingstreet
parhng areas, stones and other materials thereof
and also trees on public streets or pavement not
belonging to any private individual;
(f) All public parks and gardens, including squares
and public open spaces;

(g) All public ghats on rivers or streams or tanks;

( 204 )
 LatestLaws.com
(h) All public lamps, lamp-posts and apparatus
connected with or appertainingthereto;

(i) All public pIa& for disposal of the dead excluding

those governed by any specific law in his khaIc

(j) All lands or other properties transferred to the

MunicipaIity by the Government or acquired by
gift, purchase or otherwise for pubIic purposes;
(k) All solid and liquid wastes collected or lying on a
public sheet or public place, including deadanimals
and birds; and

i All stray animals no belonging to any private

individual.

(2) Where any area is includcd in a municipal area all

movabje and immovable properties in such area,
of the categories mentioned in sub-sec~ion(1)
shall vest in the Municipalily constituted for such
Municipal area.
When any immovable property is transferred otherwise
rhan by saleby h e Govemmenl lo a Municipality for public
purposes, i t shall be deemed to be a condition of such
transfer, unless specially provided to the contrary, that
should the property be at any time resumed by the
Government, the compensation payable therefore shall
notwithstandinganything to the contrary contained in the
NagalandLand (Requisi tion and Acquisilion) Act, 1965
(3 of 1965), i n no case excecd the amount, if any, paid to
the Government for the transfer together wilh [hecost or
lhe present value whichever shall be less, of any buildings
erectcd or other works executed on the land by the
Municipality.
(4) The management, control and administrauon of every
public institution maintained out of the Municipal fund shall
vest in the Municipality.
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(5) When any public institution has been placed under the
direction,management and control of (heMunicipaliry, all
prope~lies,endowment and funds klonging thereto, shall
be held by the Municipality in trust for the purpose to
which such propedies, endowments and funds were
lawfully applicable at the time when the institution was so
placed :
Provided that thc extent of the independent authority of the
Municipality in respect of such instirution may b;\uch, as may be
prcscribed.

116. Acquisition of immovable property by agreement, -

If a Municipality desircs to acquire any immovable propcny for
the purposes of the Act, such property may, if so directed by the
Municipality, be acquired by agreement by thc Chief Officer on
behalf of the Municipali ty on such terms and at such price, as may
be approved by the Municipality :
Provided that thc negotiation for the purpose of such agreement
shall be madcjointly :-
By the Chi~irperson,the Chief Orficer of aMunicipa1Council or a
Town Council and the Officer of Local Govemment and prior
approval of the Govemment shal l be obtained before Ihe making
of such agreement.

117. Acquisition where immovable property cannot be acquired

by agreement,-
Wherever the Municipality is unable to acquire any immovabIe
property under section 116 by agreement, the Govemment may
at the requcst of the Municipality, acquire the same under the
provisions of the Nagaland Land (Requisition and Acquisition)
Act. 1965 (Act 3 of 1965)and on payment by the Municipality of
the compensation awarded under that act and of the charges
incurred by the Government in connection with the procedure
related thereto, the Inndshall vest in the Municipality.
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Ilb. Disposal of property,-
(1) With respect to the disposal of property, movablc and
immovable belongingto the Municipality, the provisions
of sub-sec[ion (2)and sub-section (3)shall have effcct,
(2) Thc Municipality may,-
(a) dispose of, by salc or otherwise, any movable
property I-elonzing to the Municipality and
(b) with the prior approval of ~ h Governrnenr,
c sell,
mortgrlge, girl or grant a lease of any immovable
properry belonging to the Municipalily :
Provided that no such prior approval of the Government
shal! be necessary in the case of a lease by public auction
of :my immovable pi-opeflyfor a period of five yc:lrs.

(3) The procedure for sale, mortgage or gift, the procedure

for granting any lease and the turns and conditions or
lease undcr this section, shall k s u c h as m a y k piescribed.

119. Registers of immovable and movable properties,-

(1) The Chief Officer of a Municipality shall mainlain in such
manner and in such from, as may be prcscri bed,-
(a) t a register and a map of all the immovable
properties of which the Municipalily is the
proprietor or which vest i n it, or which the
Municipality holds in trust for the Govcrnrneni;
and
(b) a registerof all movable propenies belonging ro
the Municipality.
(2) The Chicf Officer shall cause to be prepared every year a
statement in ~ s p e cofchanges,
t if any, made in Ihe rcgister
of immovable propenies specifiedin sub-section (1) during
the preceding year and enclose lhe statement with [he
budget estimate prcpared under section 101.
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PART - I V

MUNICIPAL TAXATION

CHAPTER - I
LEVY O F TAXES AND
FEES BY MUNICIPALITIES

120. Power to impose Taxes :

(1) Subject to the provisions of this Act and the rules made
thereunder, with the previous sanction of the government,
a municipality may, in order LOraise revenue for it's duties
and performing its functions under this Act, levy within it's
limits of municipality the following taxes, fees and tolls ri
any of them-

(a) a tax on lands and buildings,

(b) an octroi
(c) toIls and fees,
(d) a scavenging tax
(e) a tax on advertisement other that adverrisement
published in newspaper,
(0 fishow tax,
) afire tax,
(kt) a tax on thc vehicles and animal.
Subjcct to the prior sanction of the Government, a
municipality may, for raisi ng rcvcnue for discharging its
duties and performing its functions under this Act, lcvy
another tax which the State Legislature has power to levy
under the Consrilution of India.
 LatestLaws.com
(3) Save~otherwiseprovidedinthisPart,~hetaxesspecified
in subsection (1) and he taxes which may be levied under
sub-section (21, shall be levied at such rates as may, from
time to time, be specified by the Government, by
notification, and shall be assessed and collected in
accordance with the provisions of this Act and the rules
and regulations made thereunder.

(4) The Government may, by general or special ordcr, direct

a Municipality to levy any Lax referred in to sub-section
e within such period,
(1) if not already levied, at such r ~ t and
as may be s p i f i c d in the order and the Municipality shall
thereupon act accordingly.
(5) If the municipality fails to carry out any order referred
to in sub-section (4), thc Government may, by an order
published in the OFficial Gazette, Icvy the tax at such
rate as maybe specified in the order, and the order so
passed, shall operatc as if the tax has been levied by
Municipality under sub-sec tion ( I ) or su b-sect ion (2),
as the case may be.

121. Procedure to impose tax :

(1) The Municipality may, at a special meeting pass resolution
to proposc the imposition of any tax under secrion 120.

(2) When such resolution has been passed, the Municipality

shaIl publish a notice, definiting the class of persons or
descriplion of propeny proposed to be taxed, the amount
or rate of the tax to be imposed, and the system of
assessment to be adopted.
(3) Any inhabirantobjectingto the proposed tax may, within
thirty days from the dateof publication of the said norice,
submit his objection in writing LO the MunicipaliLy and [he
Municipality shall at a special meeting, take his objection
into consideration.

( 209 )
 LatestLaws.com
(4) If the Municipality decides to amend its proposuls or any
of [hem,it shall publish the amended proposals along with
a notice indicating that [hey are modificalions of those
previously published forobjection.

(5) Any objection, which may wi thin rhirty days, be received

to the amended proposals, shall bedealt with in rhe mmner
speci ficd in sub-secrion (3).

(6) When the Municipali~yhas finally sellled its pl-oposnls,it

shal I foward a copy of the proposals to thc Government.

(7) The Government may, on receiving thc proposals undcr

sub-scction (6),sanction orrcfuse to sanction the same
or rctum tl-iemlo h e Municipality for fufiherconsideration.

(8) When a proposal has been sanctioned under sub-section

(7), the Government shall notify \he imposiion oirax in
accordance with such proposal and shill1 in thc notification
spci fy a date not being lcss rhan lhirty days from the date
of the notificalion on which thc tax shall comeinto force.

(9) A tax-leviable by thc ycar, shall come into force on thc

first day of January, or on the first dsy of April, or on the
first day of July, or on the first day of October, in any
yew, and if it comes into Force on any day other lhan the
f i ~day
t ooilhe year by which j t is leviable,j t shdI be leviable
by the quarler till the firs1 day of such year, thcn next
ensuing.

(10) A notification of the imposition of a tax under this Act

shall be conclusiveevidence [hat the lax has been imposed
in accordance with the provisions of this Act.
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122. Constitution oEFinance commission :
(1) The governor shall constitute a Finance Commission to
review the financial p s i tion of the Municipalities and make
recommendations to the Governor as to-
(a) the principles which should govern,-
(i) the distribution between the State and the
municipalities of the ner proceeds of the taxes,
duties, tolls andfecs lcviablc by thc State, which
may be divided beliveen them.

(i ) the determination of taxcs, duties, tolls and fees

which may be assigned to, or approprinte by the
municipalities,
oii) thcgrants-in-aidtothcMunicipaliticsfromthe
consolidated fund of [he Slate,
@) the measures needcd to improvc thc financial
position of thc Municipalities,
(c) a n y other matter referred to the Finance
Commission by the Government in the interests
of sound finance of thc Municipalities.

(2) Thc Finance commission shall be composed of onc 01-

more persons to be appointed by the Governor in
accordance with the procedure that may be prescribed in
his behalf.
(3) The conditions of service and tenure of the Finance
Commission shall be as such as the Governor may by
rules prescribe.
(4) The Finance commission shall determine [heir procedure
and shall have such powers in !he pe~fomanceas provided
in this Act and as may be furlher directed by the
Government.
(5) The Governor shall cause every recommendation made
by the Finance Commission under lhis seclion together
with an explanatory mcmorandum as to the action takcn
thereon to be laid bcfore the State Lcgislativc Asscrnbly
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CHAPTER I I -
TAX O N LANDS A N D BUILDINGS

123. Rate of tax on Iands and buildings :

(I) The tax on lands and buildings shall be levied on the annual
value thereof as determined under this Chapter.
Provided that with previous sanction of the State
Govemmcnt the rate of tax on lands and buildings may
also be levied on an asessment other than the annual value
with due regard to the location of [he lands and buildings,
floorage and other relevant factors.
(2) The rate of tax on lands and buildings shall be determined
by Government, by notification, and for different
municipalities different rates may be determined for
different categories of lands or buildings :
.

Provided thal the rate of rw shall nor excced firteen percent

of the annual value of such lands or buildings:
(3) In calculating the gross amount of the tax that may be
levied on lands and buildings per annum, and the net
amount payable per annum after allowing rebate under
sub-section (2) of section 183, ihe fraclion of a rupee
shall be rounded off to the nearest rupee, fifty paise being
trcnted as rupee one.
4) Wherc a portion oT any land or building, is used for
commercial, indusrrial or such other non-residential
purposes, ;IS the municipality may delemine, or where a
tax is levied on conlmercialestablishmenrs in urnul~istoried
building, the amount of tax in respect of such portion shiill,
while fixing the amount for tax for the entire lands or
building, be separa~el y accessed.
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124. Exemption from tax on lands and buildings. -

(1) Notwithstandinganything contained in this Chapter, -
(a) lands and buildings belonging to diplomatic and
consularmissions of foreign states;
(b) Iands and buildings actuaIly used for cremalion
and burial; and
(c) public play grounds, parks and gardens, Shall be
exempt from lhe tax on lands and buildings.
(2) Notwithstanding anything containedin this Chapter, lands
and buildings, which are the properties of the union, shall
be exempt from the property tax:
Provided that nolhing in rhis sub-secuon, shall prevent rhe
Municipality from levying on such lands and buildings a
tax to which immediately before the commencement of
this Act, they were trealed as liable:
Provided further that the Municipality may levy a service
charge on such buildings on the basis of such annual value
and at such rates, as may be determined by the Central
Government.

125. Determination orannual valuation, -

(1) For the purpose of assessment of tax on any lands and
buildings, whether residential or non-residential, self-
mcupjed or tenanted, rhe annual value of such lands and
building shall be such percentage of the sum obtained by
adding the present market value oP land and the estimated
cost of erecting the buildng, as the Government may, by
notification, determine :
Provided that the annual value shall not exceed ten precent
of the sum so obtained :
Provided further that for different municipahties different
percentage may be determined for different categories of
lands and buildings.
(213)
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(2) The annual value of [he building so dererrnined shall be

subjcct to a deduction of ten percent for the cost of repairs
and other expenscs necessary for the proper mainLenonce
of the building.
(3) In the case of any land which is being used by erecling
tenrs, temporary structures or structures. partially
temporary for the purpose of accommodating marriage
parties, circus shows or for any en tcrtai nrnent purpose or
such other purpose, as may be specified in this behalf by
the Municipality with thc prcvious sanction of the
Government, the annual value shall be ten percent of the
market value of the land.
(4) In the case of any land on which no buildings has been
erected, but on which a bui lding can be erected, and on
any landon whicha building isin theprocessoferection,
lhe annual value shall be fixed at five percent of the
estimated market vaIue of rhe land.
(5) The basis for assessing the present market value of the
land and the cost of erecting the machinery thereon.
(6) In the calculation of the annual value of any premises, no
account shall be taken of the machinery thereon.
(7) The annual value as determined under this section. shall
be roundedoff to the nearest ten rupee.

126. Municipal assessment code:

(I) The Government may, by rules, provide for the detailed
procedure for (he determination of the annual value of
lands or buildings in the municipal areas and for other
marten connected therewith, and such rules together with
any regulation made under this Act, shall constitute the
Municipal Assessrrent Code.
Under the rules as aforesaid:-
(a) every buiIding together wj th the site and the
land appurtenant thereto shall be assessed
as a single unit;
 LatestLaws.com

(b) all lands or buildings to the extcnt these are

contiguous or are within thesame cartilage or are
on the same foundation and arc owned by thc
same owncr or co-owners as an undivided
property, shaIl be treatcd as one unit for rhe
purpose of assessment under (his Act:

h v i d e d that if such land or building is sub-divided

into separate portions which arc not enrirely
independentand capable of separate enjoyment,
rhe ChiefOfficcr of the Municipality may, on an
application from the owncrs or co-owners,
apportion the vnIuation and assessment among
the co-owners according to the valuc of their
rcspcctive p o r t i ~ n strcating the entire land or
building as a singIe unit;

(c) all lands and buildings within thc sarneenclosurc

and owned by the same owner as undivided
property, shall be treated as one unit for rhe
purposc of assessment under this Act;

(d) eachresidentia1unitwjthitspercent;lgeofthe
undivided interest in rhe common areas and
facilitiesconsrructedorpurchased and owncd by
or under [he control of any housing co-operative
s ~ i e t yregistered
, under the law for the time being
in fame in the Statc, shall be assessed separately;

(3) If the ownershipof my Imd or building or a portion thereof

is sub-divided into separate shares or i f more rhan one
land or buildingor portions thereof by amalgamation,come
under one ownership, the Chief Officer, may, on an
application from the owners or co-owners, separate or
amalgamate, as the case may be, such lands or buildings
or portions thereof so as to ensure conformity with the
provisions of [his section.
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(4) A newly constructednon-residentialbuilding shall h o m e

assessable from the year of the issue of the completion
certificate under the provisions of this Act:
Provided that if such building is wcupied before the issue
of the completion certificate i n contravention of the
provisions of this Act, such building shaf I be liable for
assessment from the year of its occupation.

127. Furnishing of returns and inspection of lands and buildings

for purposes of assessment.-
(1) The Chief Officer of a Municipality shall, for the purpose
ofpreparing the draft valuation list of all lands or buildings
in any ward or part thereof i n the Municipality and
ascertaining the penon primari 1y liable for h e payment of
my tax on such land or buiIdng by a public notice, require
the owner or the occupier on such lands or buildings or
part thereof to furnish, within such period as may be
specified in the public notice, a return in such form,
containing such particuIars and in accordance with such
procedure, as may be prescribed.

(2) Every owner or occupier of any land or building referred

to in the public notice under sub-section (I), shall be bound
to comply with such notice and to furnish areturn with a
declaration that the statement made therein is correct to
the best of his knowledge and belief.

(3) The Chief Officer or any person subordinate to him and

authorized by him in writing in this &half may, after giving
previous notice, in such manner, as may be prescribed, to
the owner or the occupier of any land or building in the
municipal area, enter upon, and make an inspection or
survey and take measurement of such land or building
and verify the statement made in any return in relation to
such land or building submitted under [his Chapter.
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128. Draft Valuation List.-

(1) After the expiry or h e period specifiedin the public notice
r e f e d to in section 127,adraft valuation list of all lands
and buildings in the municipal area on the basis of the
re turns furnished under that section and information, if any,
collected by a Municipal, shall be prepged by the Chief
Oficer of the Municipality:
Provided that where a return in respect of any land or
building is not furnished under section 127, the Chief
Officer shall ascertain the annual value of such land or
building.

(2) The form of, and the particulars to be mentioned in the

draft valuation Iist and the time within which the draft
vaIuation list shaI1 be prepared, shall be such, as may be
prescribed.

129. Public notice & filIing of objection.-

(1) When the draft valuation Iist of all lands and buildings in
the municipal ma of any Municipalityhas been prepared
by the Chief Officer of the Municipalityunder section 128,
h e Chief Officer shaI1,-

(a) give pub1ic notice thereof in such manner, as may

bc prescribed and of the place where the list or a
copy thereof may be inspected;and
@) specify a date not being less than thirty days fmm
the date of the public notice, within which
objection,if any, may be filled.
(2) Every objection to annual valuation shall be made in writing
in duplicate and shall be filled on or before the date
specified therefor in the public notice referred to in c~ause'
(b) of sub-section (1).
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(3) Notwithstanding anything contained in subsection (1),in

all cases in which any Iand or buiIding is for the first time
assessed, or the annual valuation of any Iand or building is
proposed to be increased,wri tten notice stating the reasons
therefor, shall be served on the owner or any lessee, sub-
lessee,or ~cupierofsuch land or building and the notice
shall specify the time, not being less than thirty clays from
the date of service of the notice, within which objections,
if any, to the valuzition may be filled.
(4) The Chief Officer shalI place the draft valuation list and
the objections so received before the Municipal Property
Tax Committee.
130. Valuation register.- :

Thechief Officer of the Municipality shall enter the valuation of

all lands and buildings and the objections received thereon in a
r be maintained by him for the purpose, in such
val"ation ~ g i s t e to
form and i n such manner as may be prescribed.
131. Municipal Property Tax Committee.
I -
(I) There sl;'all be constituted a Municipal Property Tax
Committee in each ~unicipalityconsisting of the following
members, narne1y:-
(I) .threemembers to be elected by Municipal Council
or Town Council.
[I) The Executive Officer.
(2) The term of the Municipal Property Tax Committee
constituted under sub-section (1) shall be one year from
the date of its constitution and the new Municipal Property
Tax Committee shall be constituted before the expiry of
he tern of the existingMunicipal Propwty Tax Committee:
Provided that the existing Municipal Property Tax
Committeeshall continue to function till the constitutionof
the new Municipal Property Tax Committee:
( 218 )
 LatestLaws.com

Providedfurther that a member shall nor be eligible for

election as member of the Municipal Property Tax
committee for morethan two terms.
The Chairman of theMunicipa1 Property Tax Committee
shall elected by from amongst lhemsetves and he shall be
eligible for re-election for one more term only.
The Municipal Property Tax Committee shall s c d n i z e
the draft valuation list, the objections filed thereon under
cIause (b) of sub-section ( I ) , and sub-section (3), of
section 129 and determine the valuation:
Provided that:-
(a) before determining the valuation of any land or
building in respect ofwhichan objection hasbeen
filed, an opportunjty of being heardeither in person
or through an authorized agent, shall be given to
the person, who has filed objection.
(b) Where no objection has been filed under section
129 and the Municipal Property Tax Committee
thinks it necessary to enhance the valuation, it may
do so after giving a notice to the person concerned
in such manner, as may be prescribed and after
giving him an opportunity of being heard.
At the time of h&ng under clause (a) or clause (b) of the
provision to sub-section (4) an officer of rhe Municipality
shall remain present before the Municipal Property Tax
Committee.
The procedure for hearingand disposal of objection shall
be such, as may be prescribed:
When the objections have been determined the order i n
this behalf shall be recorded with the date in valuation
register referredto in section 130 and a copy of the order
shall be served within thirty days thereof on the person
filing the objection i n such form and in such manner, as
may be prescribed.
( 219
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(8) When the valuation list has been determined, by the

Municipal Property Tax Committee,a notice to that effect
shall be published in the prescribed manner and a copy of
the final valuation list shall k displayed in the office of the
petitioner and at such other place or places as the
petitionermay determine.
(9) The Chief OfIicerof the Municipality shall thereupon make
necessary entries in the valuation register referred to in
Section 130.

132. Final valuation:

Every valuation determined by the Municipal Property Tax
Committee shall, subject to the provisions of Section 142, be
final.

133. Period of valuation:

The annual valuation as finally determined by the Municipal
Property Tax Comrnittee: -.

(a) shallhaveeffectfromthebeginningoftheye~afterthe
expiry of a period of five years of the previous valuation
or the beginning of the year in which it is made, whichever
is later;
(b) shall, subject to theother provisions of the Chapter, remain
in force in respect of each ward for a period of five years
irrespective of any alteration during such period in the
number of boundaries of such ward; and
(c) may be revised on the expiry of each such period and the
work relaling to such revision shall be undertaken at least
a year before such expiration:
Provided that if for any reason to be recorded in writing
the Municipality considers that it is not practicable to
undertake the work relating to such revision before the
expiry of one year, it shall seek prior approval of the
Government stating reasons therefor, for its inability to
undertake the revision.
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134. Revision of vaiuation:

(1) Notwithstanding any thing contained in the Foregoing

provisions of this Chapter. the Municipality may, by
resolution directgeneral revaluation of lands and buildings
in any w a d of the Municipality or any part thereof during
the currency of any period specified under this Chapter,
and such general revaluation shall have effect from the
beginning of the year in which such revaluation is made
and shall remain in force in respect of each ward or the
portion theresf, as the case may be, of the un-expired
portion of h e perid d k n g which, but for such revaluation,
the annual valuation would have remained in force.

(2) When a direction of general revaluation has been given

under sub-section (1) of this section, the provisions of
section 127, section 128 and section 129 shall apply.

135. Revision of valuation in specific cases:

(1) If the Chief Officer of a Municipality, having regard to the
return furnished under section 127 is of the opinion that a
revision in the annual valuation of any landor building is
necessary in the followingcases, namely :-
(a) whenitsownershipchanges;or

(b) when any tenancy or any rent changes;or

(c) when the nature of its use changes;or

(d) when a new buiIding is erected or an existing

buildingis redeveloped or substantially altered or
improved during [heperiod, the annual valuarion
remains in force; or
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(e) when, on an application made in writing by the

owner or the person liable to pay tax on land and
buiIding, it is establishedthat during period of the
annual valuation remaining in force, ils value has
been reduced by reason of any substantial
demolition or it has suffered depreciation from
any accident or any calamity proved to the
satisfaction of the Municipal Property Tax
Committee to have been beyond the control of
such owneior s ~ c h ' ~ e r s oor
n;

(0 when any land or building or portion thereof is

acquired by purchase or otherwise by the
Government or the Municipality dliring the period
of the annual valuation remaining in force, or

(g) when any land or buiIding, or portion thereof, is

sold or othenvise transferred by the Government
or the Municipality:Provided that all lands used
for streets and other public purposes shall be
excluded Prom such revalualion;or

@I) when upon the acquisition or transfer of any land

or building in part, residual portion remains,

he shall serve written notice, in such manner as

may be prescribed, stating reasons for the
proposed revision, on the owner or the lessee,
sub-lessee or occupier of such land or building
and notice shall specify the time, not being less
than rhiny days from the dale of service of Ihe
notice within which objection, if any, to the
valuation, in duplicate,may be filed.

(2) The Chief Officer shall place the proposed revision and
the objections so received before the Municipal PropeFty
Tax Corr:ni ttee.
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(3) The provisions of sub-section (5), sub-section (6),sub-

section (71, and sub-section (8) of section 131 shall,
hereafter mulatis mutandis,apply.
(4) Any revision in the annual vaIuation of any land or building
or portion thereof under this section, shalI come into force
from the kginningof the year followingthat in which such
revision h o m e s appIicable and shall remain in force for
the unexpired portion of the period during which, but for
such revision such annual valuation would have remained
in force.

(5) Notwithstanding anyhing contained in subsection ( I ) of

section 134 or sub-section (1) or sub-section (4)of this
section, any land or building,-
(i) which for any reason has no annual value, assigned
to it under this Act, may be valued at any time
during the currency of the period specified in
respect of such land or buiIding under section 133;
and
I ) the valuation of which has k e n cancelled an he
ground of irregularity, may be valued at any lime
after such cancellation, andsuch valuation shall
remain in force until a fresh valuation or revision
is made and shalI take effect from [he beginning
of the year Prom which the previous valuation,
which has been cancelled wouldhave taken effect:
Providedthat the villuation made under clause (i)
or clause (ii) shall remain in force for the unexpired
portion of the period specified under this Chapter.

136. Furnishing of returns for purposes of revision in the annual

value of lands and buiIding,-
To enable the Municipal Property Tax Committee to revise the
annual value of any land or building governed by any
circumstances,specified in sub-section (1) of section 135, except
( 223 )
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in respect o f a case under clause (e) thereof, the owner or the

person liable to pay the tax for such land or building, shall furnish
to the Chief Officer of the Municipality, not later than the thirty-
first day of march of the year immediately following, a return in
such form, as may be prescribed.

137. Liability for hilure to furnish a return or submission of

incorrect return. Whenever any person liable to pay the tax
for any land or building, -

(a) fail'sto furnish a return as required under section 127 or

section 136 or

(b) gives information in such return, which, on verification, is

found to be false or incorrect,
he shall be liable to pay a penalty of not less that two
times, but no more that five times of the tax payable as
may be imposed by Lhe Chief Officer of the Municipality.

138. Notice of transfer,-

(I) Whenever the title of any peaon to any land or building is

transferred,such person, if primarily liable for the payment
of tax on such land or building, and the person to whom
the title is so 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
transferin writing to the Chief Officer of h e Municipality.
(2) Intheeventofthedeathofanypersonprimarilyliableas
aforesaid the person on whom the title of such land or
building devolves shall, within six months, from the date
of the death of the person primarily liable, give notice of
such devolution in writing to the Chief OFFicer.
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(3) The notice under this section shdl be in such form, as may
be prescrikd, and the transferee or the person on whom
the title devolves shall, if sorequired, be bound to produce
befare the Chief OEcer documentsevidencing the transfer
or devoIution.

(4) Ifany person, who transfershis tille to any landor building,

fails to give any notice under this section to the Chief
Officer, he shall, in addition to any penalty to which he
may be subject under this Act or the rules made
the~under,continue to be liable for payment of the tax on
such land or building until he gives such notice,but nothing
in this section shall be deemed to effect the liability of the
tmnsferee for payment of tax on such land or building.

(5) The Chief Officer shall,.on receipt of a notice of transfer

ordevolution of title underthis section, and upon payment
of such fees, as may be determined by regulations, record
such transfer or devolution in a register to be maintained
for the purpose and also in the Municipal Assessment
Book.

(6 On a written request by the Chief Officer, the Registrar of

the district comprising the municipal areas, appointed
under the Registration Act, 1908,shall furnish such
particularsregarding registration of instruments of transfer
of immovable properties in the municipal areas, as the
Chief Oflicer may, from time to time, require.

(7) Notwithstanding anything contained in sub-section (61,

theRegistrar of thedisbict,shall furnish to the Chief Oficer
such particulmsoon after the regisbation of an insuument
of transfer is effected, or if the Chief Officer so requests,
such periodical returns at such intervals, as the Chief
Ofticer may specify.
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139. MunicipaI Assessment Book,-

(I) the annual vaIuation of lands and buildings and the tax
demand as determinedunderthis Chapter shall be entered
in the Municipal Assessment Book.
(2) The Municipal Assessment Book shall be-maintainedin
such form and in such manner, as may be prescribed.
(3) TheChiefOficerofaMunicipalitymay,atanytime,make
such corrections in the Municipal Assessment Book, as
may be necessary to incorporate changes required to be
made in accordance with the provisions of this Act or for
removal of patent errors or defects after recording the
msons therefor.

(4) The Municipal Assessment Book duly authenticated in

the manner prescribed, shall be kept in theoffice of the
municipalityandexlract herefrom shalI k made availabIe
on payment of such fees, as may be prescribed.

140. Amendment of Municipal Assessment Book,-

(1) Notwithstanding anythingconlained in section 133, if the
Chief Officer of a Municipality is of the opinion that
amendment of the Municipal Assessment Book of the
Municipality is necessary,-
(i) by inserting therein the name of any person whose
name ought to be inserted; or
1 ) by inserting (herein any land or buildingpreviously
omitted together with valuation thereol; or
Gii) by inserting or aItering an entry in respect of
any building, erected, re-erected, altered or
added to, after the preparation of the
Municipal Assessment Book, in which case,
such insertion of alteration shall take effect
from the date, such erection, re-erection,
alteration of addition was made.
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He shall serve written,notice,in such manner, as may be

prescribed, staring reason for the proposed amendment .
on the owner or the lessee, sub-lessee or-occupierof the
land or building and the notice shall specify the time, not
being less than thirty days from the dale of the service of
thenotice, within which objections, if my, in duplicate, to
the amendment. may be filed.

(2) The Chief Officer shal l place the proposed amendment

and the objections so received before the Municipal
Property Tax Committee.
(3) The provisions of sub-section (51, sub-section (6),sub-
section (7) and sub-section (8) of section 131 shall,
thereafter, mutat is mutandis apply.
(4) Any amendment in he Municipal Assessment Book under
this section, shall come in to force from the beginning of
the year followingthat in which such amendment becomes
applicable and shall remain in force or the unexpired
portion of the period during which the Municipal
Assessment Book would have rcmained in force.

141. Power of prescribed authority to amend valuation and

assessment,-

(1) Notwithstanding anything contained in this Chapter, where

the prescribed authority is sntisfied that any property has
been erroneously valued or assessed through fraud,
accident or mistake, whetter on the part of the Municipdity
or any committee or officer or empIoyee of the
Municipality or the assessee, it may, after giving the
assessee an opportunity of being heardand after making
such inquiry, as j t may deem fit, pass an order mending
the valuation of assessment already made.
(2) On the issue of an order under sub-section (I), the
valuation and assessment then i n force shall, subject to
the order, if any, passed j n appeal, be deemed to have
been amended accordingly with effect from thebeginning
of the year in which an bider is passed.
( 227
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(3) Any person aggrieved by the order of the prescribed

authority may, within aperiod forty-five days from the
date of communication ro him of the order, filean appeal
to the authority referred to in section 142which shall decide
the appeal, after giving the appelIant an opportunity of
being heardin the p&ribed manner.

(1) Any person aggrievedby,-

(4 the determination of vaIuation by the Municipal
Property Tax Committee under section 131; or
(b) the revision of valuation by the Municipal Propeq
Tax Committee under sect ion 135;or
(c) ano&roftheMunicipalPrope~T;txCommi~
under sub-section (3) of section 140 relating to
the amendment of the Municipal Assessment
Book;or
(d) an order of the prescribed authority under section
141; may prefer anappeal before an authority as
may be prescribedin this k h a l f by government.
Provided that such appeal shall be p r e f e d within a prid
of thirty days from the date of service of the order appled
against.
(2) The appellate authority shall hear the appeal at the
headquarterof the district in which the Municipal Council
or the Town CouncjI,to which the appeal pertains, as the
case may be, is situated.
(3) No appeaI under this section shall beentertained, unless
a the toral tau in respect of any land or building, which was
being levied prior to h e determination of annual value by
6 e ~ u n i c i ~PropertyTaxCommittee
al undersection 131,
or revised under section 135 or on the basis of the
amended Assessment Book under section 140 or as
( 228
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amended by the prescribed authority under section 141
or haIf of the tax on the annual value so determined or
revised or amended, whichever is more, has been
deposited in the ofice of the Municipality and the appeal
shall abate unless such tax is continued to be deposited,
till the appeal is finally disposed of.
(4) The appeal shall disposedofwithin a perid of six months
from the date of its filling, failing which the tax deposited
shall be refunded to the appellant.
(5) Thepmedureforhe~nganddsposalofap~alaswell
as for realization of fees in connection with the appeals
shalI be such. As may be prescribed.
(6) Thevaluationfixedafterdisposaloftheappealunderthis
section, shall have effect from the year in which such
valuation would have taken effect and shall continue to
remain in force during the period such valuation would
have remained in force, had not appeal been filed.
(7) The decision of the appe.lIateauthority under this section
shall be final.

143. Incidence of tax on lands and buildings..

(1) The tax on lands and buiIdingsshall be prirnarjly leviable,-
(a) if the land or building is let, upon the lessor;
(b) if the Iandor building is sublet, upon the superior
lessor, who has sublet such a Iand or building, as
the case may be; and
(c) ifthelandorbuildingisunlit,uponthepersonin
whom the right to let such Iand orbuilding vests.
(2) If any land has been let for a f e r n exceeding one year to
a tenant and such tenant has built upon the land, the tax
on lands and buildings assessed in respect of the land
and the building erected thereon; shall primarily be
leviable upon the said tenant, whether the land and
building are In the occupation of such tenant or a sub-
tenant of such tenant.
( 229 1
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Explanation,-The term "tenant" includes any person deriving title

to the land or the building erected upon such land from the tenant
whether by operati on of law or by.transfer inter vivos.
(3) Thetaxonanylandorbuilding,whichisthepropertyof
the Municipality and the possession of which has been
deliveredunder any agreement or licensing arrangement,
shall be livable upon the transferee or the licensee, as the
case may be.
(4) Theliabilityoftheseveralownersofanyland~rbuildjng
constituting asingleunit of assessment, which is or purports
to be severally owned in parts or flats or rooms for
payment of the tax or any installment thereof, payable
during the period of such ownership, shall be joint and
several.
Provided that the Chief Officer of the Municipality may, apportion
the amount of the tax on such land or building among the co-
owners.

144. Recovery of taxes on lands and buildings from occupiers.-

(1) On the failure to recover any sum due on account of the
taxes on any land or building from the person primarily
liable therefor under section 143, the Chief Officer of a
Municipalityshall, notwithstanding anything containedor
in any other law for the time being in force, recover,from
every occupierof such land or building, by attachment of
the rent payable by such occupier, n 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 totaI amount of rent annually
payable in respect of the whole of such land or building.
(2) An mcupier,from whom any sum is recovered under sub-
section (I), shall l
xentitled to be reimbursed by the petxon
primarily liable for the payment of such sum,and may, in
addition to having recourse to other remedies that may be
open to him deduct the amount, so recovered from the
amount of any rent becoming due, from time to timc, from
him to such person.
I 230 1
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145. Taxes on Iands and buildings to be a first charge on premises.

The [axes due under this Act i n respect of any land or building
shall, subj&t to the provisions of section 181, be a first charge,-
( in the case of any landor building held immediately from
the Government, upon the interest in such land or buildng
of the person liable for such taxes and upon the goods
andothermovable properties,if any, found within or upon
such land of building and beIonging to such person; and
(b) in the case of any other land or building, upon such land
or building and upon the goods and other movable
properties, if any, found within or upon such land or
buiIding and belonging the person liable for such taxes.

146. Notice o f erection of building etc,-

When any new building is erected or any building is rebuilt or
enlarged or when any building which has been vacant, is re-
occupied, the person primarily liabie for the taxes assessed on the
buildingshall give notice thereof in writing to the Chief Officerof
the Municipality within a periodof fifteen days from the date of its
completion or occupation, whichever is earlier, or as the case
may, from date of enlargement or re-occupation and the tax shall
be assessabIe on the building from such date.

147. Notice of demolition or removal of building,-

(I) When any building or any portion thereof, which is liable
to the paymerlt of taxes, is demolished or removed
otherwise than by an order of the Chief Officer of the
Municipaljty, the persons primarily IiabIe for payment of
the taxes, shall give notice thereof in writing to the Chief
officer.

(2) Until such notice is given, such person shall conhnue to be

liable to the payment of such tax, as they would have
been liable to pay jn respect of such building if same or
any portion thereof, had not been demolishedor removed.
(231
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148. Paymentoftax:
Save as otherwise provided in this Act, the tax on any land or
building under this Chapter, shall be paid annually by the person
liable for the payment thereof on such dates and in such manner
as may be prescribed. ,

149. Payment of tax incase of objection or appeal :

(1) When an objection to a valuation has been made under
section 129, the tax on lands and buildings shall, pending
the determinationof the valuation under sec tion 13 1, be
payable on the previous valuation in the usual manner.
(2) If, after the objection has been determinedunder section
13 1, the previous valuation is altered or after the appeal
has been disposed of under section 142, the valuation
decjded under section 13 1 is altered, then,-
(a) any sum already paid under sub-section ( I ) of
this section or deposited under section.142,in
excess, shall h refunded or allowed to be set-off
against any present or future demand of the
Municipality under this Act; and
(b) any deficiency shall be deemed to be an arrears
of the tax and shall be payable and recoverable
as such
Providedrhat-
(i) if any premises have, for h e purpose of valuation
under this Chapter, been for the first time valued
or sub-divided or amalgamated with any other
premises and an objection to valuation thereof
has been made under secdon 129, then the tax
on lands and buildings shall, pending the final
determination of the objection, be paid on such
valuation; and
i) if,whensuchobjectionhasbeenfinally
determined,such valuation is reduced, and if the
tax on lands and buildings has already been paid
thereon, then the sum paid in excess, shall be
refunded or allowed to be set-off against any
present or future demand of the Municipality
under this Act.
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CHAPTER-- Ill

SCAVENGING TAX

150. Scavenging Tax,-

A MunicipaIity may levy scavenging tax on all limds and buildings

at such percentage of the annuaI value, as the Government may

determine for the collection,removal and disposal of all filth and

. ,

polluted and obnoxious matter therefrom:

Providedthat scavenging tax may k levied at different peren t a p ,

of the annual value in different municipditi@.

151. Responsibility for payment of scavenging tax,-

The scavenging tax shall be payable by the owners of lands and

buildings who may realise it from the occupier.
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CHAPTER I V -
OCTROI

Except as hereinafter provided, a Municipality may levy on goods

broughl into the Municipal area for consumption, use or sale
therein, an octroi at such rate, as the Govemment may, by
notification,specify anddifferent ram may be specified for different
types ofgoods, in different municipalities.

153, Power to examine gaods IiahIe fo octroi,-

Every person bringing or receiving within the ocrroi limits of the

municipal area any goods on which mtroi is payable, shall when
required by an officer duly authorised by the Govemment or the
Municipality in this behalf, andso faras may be necessary,for
asceflainingtheamount of inchargeable,- -

(a) permit thnt officer to inspect, examine, weight and

othenvise deal with the goods, and
(b) communicate to the officer any information and exhibit
any bill, Invoice or document of a like nature, which he
may possess relating to the goods.

1) The Chief Officer of a Municipality, subject to the

safeguardsas may be provided in [herules in this behalf,
may, search and inspect any prernises or any place wherein
he may have reason to believe that goods jn respect of
which octroi is payableunder this Act, but has not been
paid, have been kept.
(2) The Chief Officer may, by written notice, require the
attendance of any person whom h e has %ason to believe
to be liable to payment of octroi.
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(3) TheChiefOficershall have the power to seal the premises

or the place and seize any dmurnent found in the premises
or the place or in the possession of such person.

155. Refusal to permit inspection etc.

No person, bringing or receiving any conveyance or package
within the ocrroi limits of any municipal area on which octroi is
believed to the livable, shall refuse on the demand of an officer
authorised by the Government or the Municipalityin this behalf,
to permit the officer to inspect, weight or otherwiseexamine the
contents of the conveyance or package for the purpose of
ascertaining whether it contains any goods in respect of which
wtroi is payable or shall refuse to communicate to that officer any
information and exhibit to him any bill, invoice or document of a
like nature, which he may possess relating to the goods or with
the inkn tion of defraudingthe Municipality, communicatemy such
information, which is false or ex hi bi ts any such bill, invoice or
document of a like nature, which is false or forged.
156. Evasion of oclroi,-
If go& passing the octroi limits of a municipal area, are Liable to
the payment of octroi,, then no person shall cause or abet the
introduction of,-orhimself introduce or attempt to introduce within
the said octroi limits any such goods upon which payment of the
octroi, due on such introduction has neither been made or
tendered.

157. Payment of octroi and receipts therefor,.

(I) On payment of the octroi the person liable to pay the
octroi shall be issued a receipt in such form, as may be
prescribed and the receipt shall be maintained by such
person for period of one year from the date of the issue
and shall be produced on demand.
(2) I n the event of the failure to produce the receipt within
the said period of one year from the date of import of
the goods, presumption wiIl arise that octroi has not
been paid.
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For the purpose of levy of .octroi and collection thereof, a

Municipality may, enterinto an agreement with anotherMunicipality
or Ullage Council and such .agreement may provide for the
following matters, namely;
(a) extension of octroi limits;
@) inspectionofanywarehouseorstorageplacewi~nthe
jurisdiction of the other Municipality or Village Counci I
where goods intended to be brpught within the municipal
area are kept ;
(c) weighing or otherwise examining the contents of the
conveyance or package for weriairing whethw i t contains
any goods in respect of which octroi is payable;

(d) examining the documents relating tosuch goods;

(e) apportionment of the proceeds and the costs incurred;
and
(0 such other matter, as may be prescribed.
Explanation :-Inthis section and in section 159 "Village Counci I"
means Village constituted undersection 3 of rhe Nagalwd Vlllagc
Council Act, 1978 ( 1 of 1979)

159. Determination of disputes,.

Ifa dispute arises between a Municipalityand another Municipality
or Village council relating to the agreement referred to in Section
158, it shall bere[eiredtothe~ovemrnent,
. . whbsedezjsion hereon
shall be final.

160. . Transitpass,.
(1) The provisions of the section shall apply to the municipal
areas of such Municipalities and from such date ordates,
as h e Government may, by notification,'drect.
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(2) Where any goods intended.for consumption, use or sale

within (hemunicipal a m of Municipality and liable to m h i
under this Act, arerequired to be carried through one or
more other municipal areas, the person liable to pay ocmi
shall, on payment of such W s i t f&, as may be prescrikd,
be issued a Transit Pass by the Municipality of the
municipal area through which the goods are intended LO
be carried first.
(3) The transit pass referred to in subsection (2)shall specify,-
(a) the name and particulars of the person liable to
pay octroi;
(b) the nature and quality of the goods;

(c) the amount of the transit fee paid;

(d) the Municipality where h e transit fee is paid;
(e) the municipal areas of the Municipality through
which such goods be carried; and
(f) the municipal area of the Municipality where he
goods are intended to consumed, used or sold.
(4) The goods referred to in sub-section (2) sha t l be allowed
to be carried through the municipal areas referred to in
the clause (e) of sub-section (3) on production of the
Transit Pass and without paying any octroj.
(5) The Municipality, which is entitled to receive the amount
due on account of transit fee shall realize the amount,i n
such manner, as may be prescribed, From the Municipality
referred to in clause (d) of sub-section (3).
(6) In case of any dispute between the Municipality referred
to in clause (d) of sub-section (3) and the Municipality of
the municipal area referred to in sub-section (5) relaling
to realization of the amount, the matter shall be referred
to the Government for decision and the decision of the
Governmentthereon shall be final.
(7) Non-payment of the transit fee ,shall be an offence
under this Act.
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CHAPTER -V
TAX ON ADVERTlSEMENTS OTHER THAN
ADVERTISEMENTS IN NEWS PAPERS

161. Prohibition of advertisementswithout written permission of

the Chief Officer.
(1) No person shall erect, fix or retain upon or over any land,
building, or wall any hoarding, frame, post, kiosk or
structure for the purpose of any advertisement to public
view in any manner whatsoever visible fmm a public s a t
or public place within gny municipal area without the
wrirten permission of the Chief Officer of theMunicipality.

(2) The Chief Officer shall no1 grant such permission if,-
) a licence for the use of the particular site for
purpose of advertisement has not been taken out;
or
(b) the advertisement contravenes any of the
provisionsof this Act or the rules or the regulations
made thereunder; or
(c) the W, if any, due in mp~ct
of h e advertisement,
has not been paid.

162. Licence for use ofsite for purpose of advertisement,-

( No person being the owner, lessee, sub-lessee,occupier

or an advertising agent shall, except shall, except under
and in conformity with the terms and conditions of a
licence, use or allow to be used any site in any land,
building, wall or erect or allow to be erected in any site
any hoarding, frame,post, kiosk, structure, neon sign or
sky-sign for the purpose of display of any advertisement.
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(2) For the purpose of advertisement, every person,-

(a) using any site kfore the commencement of this
Act, within ninety days from the date of such
commencement; or

(b) intending to use any site; or

(c) whose licence for use of any site is about to expire
shall apply for licence or renewal of licence, as the case may be to
the Chief Officeof the Municipality in such form andin such manner,
as may be determined by the Municipality by regula~ions.
(3) The Chief 0Ffic;er shall, after making such inspection, as
may be necessary and within thirly days of the receipt of
the application, grant, refuse or renew a licence, as the
case may be, on payment of such fees. as may be
determinedby theMunicipality by regulations.
(4) The Chief Oficer may, if in his opinion, the proposed site
or any advertisement is unsuitable fromthe consideration
of public safety, traffic hazards or aesthetic design, refuse
a licence or refuse to new any existing licence.

(5) Every licence shall be for a period of one year except in

case of sites used for temporary fairs, exhibitions, sports
events or culturn1 or social programmes.
(6) The Chief Officer shall cause to be maintained a register
wherein the particulars of licences issued under this section
shall separate1y recordedin respect of advertisement sites,-
(a) on telephone, telegraph, eleclric or-otherposts
or poles erected on or along public or private
streets or public places;

(b) in lands or buildings;

(c) on public mnsport;
(d) in cinema halls, video parlours, theatres or other
places of public resort; and
(e) thmugh cable television.-
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163. Tax on advertisements :

(I) Every person, who erects, exhibits. fixes or retains upon
or over any Iand, building, wal I, boarding, frame, post,
kiosk,or structure any advertisement or displays any
advertisement to public view in any rnanncr whatsoever
visible from public streets or public place including any
advertisement exhibited by means of cinematography,
video or cables operated by cable operators, shall pay
for every advertisement which is so erected, exhibited
fixed or retained or so displayed to public view, a tax
calculated at such rates, as the Governmentmay determine;
Provided that d i f f e ~ nrates
t may be determined in different
Municipalitiesand for different types of advertisements in
the same Municipality :
Provided further that a surcharge not exceeding fifty
percent of the applicable rate, as may be determined by
the Govemment may be imposed on any advertisement
on display in temporary fairs, exhibitions, sports events
or cultural or social programmes.
(2) Notwi thshnding the provisions of sub-seclion (I), no tax
shall be levied under this section on any advertisement
which ,-
(a) relates to a public meeting or to an election to
Parliament or the Lgislative Assembly of the State
or the Municipality or to candidature in respect
of such eIection; or
(b) is exhibited within the window of any bui Iding, if
<<
[headvertisement relates to the trade, profession
or business carried on in the building; or
(c) relates to the trade, profession or business carried
on within the land or building upon or over which
such adverlisement is exhibited or to any sale or
letting of such land or building or any effects
therein orto any sale,entertainment or meetingto
he held on or upon or in the same; or
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(d) relates to the name of the land or building upon or

over which the advertisement is exhibited or to
the narneof [heowner or to the nameof the owner
or occupier of such land or building; or
(e) relates to the business of a railway administration
and is exhibited within any nilway station or upon
any wall or other property of a railway
administmtion;or
(0 isexhibitedwithintheairportoruponanywallor
other propeny of the airport authority and relates
to the airport administration of exhibi ted on any
bus stand or transport terminal and relates to the
bus or transport service; or
0 relates to any activity of the Government of India
or h e State Government or the Municipality.
(3) The tax on any advertisement leviable under this section,
shall be payable in advance in such number of insralIments
and in such manner, as h e municipality may by regulations,
determine.

164. Permission of Chief Officer to become void in certain

assess,-
(1) The permission granted under section 161, shall become
void,-
) if the advertisement contravenes-anyregulation
made under this Act; or
(b) if a n y material change is made in the
advertisement or any part thereof without the
previous permission of the Chief Officer of the
Municipality;or
..
(c) if due to the work by the Government,
Municipality or by any statutory authority the
advertisement has to be dkplaced;or
(241
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(d) if the buildings, wall, hoarding, frame, post or

structure over which the advertisement is erected,
exhibited, fixed or retained, is demolished or
destroyed.
(2) When any permission h o m e s void under clause
(C)of Sub. Section (i) the advertisementtax shall
be refunded in such proportion, as the period for
which it be comes void, bears to the total period
of the validity of the permission.

165. Licence for use of site for purpose df advertisement to

become void in certain cases,
The Iicence granted under section 162 shall kcorne void,-
(a) if the 1icence contravenesany terms andcondtions
of the licence; or

(b) if any addition or al terition is made to or in the

building, wall, hoarding, frame, post, kiosk, or
structure upon or over which the advertisementis
erected, exhibited, fixed or retained,
(c) IF~hebuilding,wall,hoarding,fmme,post,kiosk,
or structure over which advertisement is erected,
exhibited, fixed or retained is demolished or
destroyed.

166. Presumption in case of contravention,.

Where any advertisement has been erected, exhibited, fixed or
retained upon or over any land, building, wall, hoarding, frame,
pos~,kiosk or structuceor displayed to public view from a public
street, or public place including any adveflisernent exhibited by
means of cinematography, video or cables operated by cable
operators in contravention of the provisions of this Act or any
regulation made there under, it shall be presumed, unIess the
contrary is proved, that the contravention has been committed,
unless the contrary is proved, that the contravention has been
( 242
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committed by the person or persons on whose behalf the

advertisement purports to be or the agent of such person or
persons.

167. Liability to pay additional amount, -

Ifany person erects, exhibits, fixs or retains any advertisement
referred to i n this Chapter without paying the tax due under
section 163 within the time specified for the purpose, h e shall be
liable to pay an additional amount, which shall be not more than
three times the amount payable as such tax, as the Municipality
may determine :
Provided that such amount shaIl not be less than an amount equal
to one-and-half times of such tax.

168. Power of Chief OfTicer in case of contravention,-

If any advertisement is erected, exhibited, fixed or retained in
contraventionof Ihe provisions of this Act or any regulationsmade
thereunder, the Chief Oficer of [he Municipality may, by notice -
require the owner or the occupier or the Iand, building, wall,
hoarding, frame, post, kiosk, or structure upon or over which the
same is erected, exhibited, fixed or retilined to take down or remove
such advertisement wi thin forty-eight hours of service of notice.
faiIing which, he may enter any,land, building or property and
cause the advertisement to be dismantled, taken down, removed,
spoiled, defaced or screened.
Explanation I . The word "structure" in this Chapter-includesany
moveable board on wheels used as an advertisement or
advertisernent medium.

Explanation 2. The word "advertisement" in relation to a tax on

advertisement under this Act, shall mean any word, lelter model
sign,sky, sign,placard, notice, dcvice or representation,whether
illuminated or not in the nature of and cmployed whoIly or in part
for the purpose of advertisement, announcement or direction.
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CHAPTER - VI
DEVELOPMENT CHARGES

169. Levy of Development charges,-

The Municipality may levy development charges on the increase
in the value of Iand or building within the municipal area or any
part of it caused by the execution of any Town Improvement
Scheme or Town Planning Scheme.

170. Basis of Development charges,- ., .

The basis for determinationof the amount of development charges
and the procedurr, for such deterrni nation shall be such as may be
prescribed.

171. Assessment of development charges and payment,-

Thechief OFficerof aMunicipality or an Officerof theMunicipality
authorizedby h e Municipality in h i s behalf, shall by order, assess,
after giving the person concerned an opportunityof king heard in
such manner, as may be prescribed, the amount of the
. Development charges on the basis presc-ribedunder Section 170.
Person liable to pay development charges,-
Every owner of land or building referred to in section 169 or
any person having an interest in the increase in the value of
such land or building, shall pay to the Municipality such
Development charges, as may be assessed by the Chief Officer
of the Municipality, or the Officer aurhorized under section
171, as may be.

Mode of Recovery,-
The amount of development charges, due from an owner of land
or building referred to in section 169. or any person having an
interest in the increase in the value of such land or building, shall
be recovered in such manner, as may be prescribed.
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CHAPTER - VII
OTHER TAXES

174. FireTax

( 1) The Municipality may levy fire tax at such percentage of

annual value on lands and buildings, as the Government
may, by notification, specify,forthe expenses necessary
for the conduct and management of the Fire Service and
for the protection of Life and property in the case of fire.
Provided thatdifferent percentagesmay bespecifiedfor
different municipalitiesand for differentc l w of buildings
and forbuildingsin different areas in the sameMunicipaJity.
(2) The fire tax shall be'levied in respect of all lands and
buildingsin the municipal a m in respect of which a truc on
lands and buildings is levied or would have been levied,
but for the exemption given by or under the provisions of
this Act.

175. Toll
(1) TheMunicipalitymay,withthepriorsectionofthe
Government, levy tolls at such rates, as may be specified
by the Government,on vehicles, carriazes,carts or animals
passing through public streets or bridges within the
municipal ma.
(2) For the purpose of collection of to1 Is under sub-section
(11, the Municipality may establish a toll-baron any public
street or on a bridge or at any place within the municipal
area adjacent to the bridge at which such tolls may
conveniently be collected.
(3 The revenue accuring from the tolls shall be credited to
Ihe MunicipaI Fund of the Municipality.
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176. Prohibition as to refusal to pay or avoidance of payment of

toll ,-
N o person taking to a toll bar any vehicle, carriage, cart or
animal, not exempted from toll, shall refuse to pay the toll nor
shaIl any person fraudulently avoid taking to a toll-bar any such
vehicles, carriage, cart or animal with the intent to evade payment
of the toll.

Exemption from tolI-

(1) No toll shall be paid for the passage of-

(a) GovernmenL stores or persons in charge of them; or

(b) Any vehicle,carriage,cartoranimalemployedby-

(i) an officer or employee of the Central Govemment or

of the State Government or of any local authority on
duty; or
i ) anypersonhavinginhiscustodyanypropertybeIonging
to such Government or such local authority, for the
transport of such property; or

(c) conservancy carts or other carriage, carts or animals

belonging to the Municipality.

(2) The Municipality may,from time to time, exempt by order,

any class of persons or things not specified in sub-section
(1) from the payment of any toll and may, while granting a
lease of any toll bar stipulate that any municipal empbyee
or municipal property or any other person or thing as may
be specified, shall be allowed ro pass without payment of
toll.
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178. Show Tax:

(1) Save as otherwise provided in this Act, there shall be
levied a tax in respect of every cinema, theatre, circus,
carnival, video parlour and other place of entertainment
to which persons are ordinarily admitted on payment and
in respect of every cable net-work. for performance or
shows, held or conducted thereat, at such rates as the
Governmentmay specify:

Provided that for different municipalities, different rates

may be specifiedfor different performances or shows;
Provided further thal a show-tax may not be levied in
respect of performance or show, if the Municipality is
satisfied hat-

(a) the entire receipts from such pefiomance or show,

will be devoted to philanthropic, religious or
charitable purposes, or
( [heperformance orshow is of a wholly educational
character.

(2) Every proprietor, manager, or person in-charge of a

theatre, cinema, circus, carnival, video parlour, cable net-
work or other pIace or means of entertainment shall be
liable to pay the show-tax, and shall pay the same in
advance before the commencement of the performances
or shows.

179. Tax on vehicles and animals,-

(1) A tax shall be levied at such rates as may be specified, by
the Government, from time to time, on-
(a) the vehicles, other than mechanically propelled
vehicles, and other conveyance plying for hire
within the municipal area;
( 247 1
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@) the animals used for riding, driving, draught or

burden, when kept within the municipal m a ; and

(c) the dogs kept within'the municipal area.

(2) A vehicle or animal kept outside the municipal limits, but
regularly used within such 1imits, shalI be deemed to be
kept for use in the municipal area.
(3) The tax under sub-section (I), shall not be leviable in
respect of-
(a) the vehicles and animals belonging to the
Municipality,the Government or the Union of
India.
(b) The vehicle intended exclusively for the
conveyance free of charge of the injured, the sick
or the dead;
(c) T h e chi Idren's perambuIators or tricycles; and
(d) The vehicles and animals kept by bona fide
dealers merely for sale and not for use.

180. Tax on whom leviabIe,-

(I) The tax on vehicles dr animals shall be leviablc upon the
owner of, or the person hming possession or control of
such vehicles or animals, in respect of which the tax is
I .
ledable :
Provided that in the case of an animal generally used or
employed in drawing any vehicles, the tax in respect of
such animaTshall be leviable upon the owner, of, or the
person having possession or control of such vehicle,
whether or no such animal is owned by such owner or
person.
. 2 The'taxonvehiclesoranirnalsshallbepayableinadvance
: in'suchnumber of installments and in such manner as may
be determjned by regulationsmade in this behalf.
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CHAPTER - Vlll

RECOVERY- OF TAXES

181. Taxes payable to be a first charge and recoverable as

arrears of land revenue:

(1) Any tax payable, or any sum due to any Municipality,

under this Act OF the rules made thereunder h i d e s being
recoverable in any other manner provided therefore in
this Act, shall, subject to any cIaim on behalf of the
.
Government, be a first charge on h e proprty in respect
of which it is payable.
(2) Such taxes and dues shall krecoverable on the qptication
made in this behalf by the Municipality to the Deputy
Commissioner havingjurisdrction and if the property were
an estate assessed to land revenue and such taxes or dues
were an amear of such land revenues.
Explanation - The term 'tax' or the term 'dues' shall be deemed to
include the cost ofrecovery t h e ~ o and
f the penalty, if any, payable
under this Act or the rules made thereunder.

182. Manner of recovery of taxes under this Act.-

Save a otherwise provided in this Act, any tax levied under this
Act, may be recoveredin accordancewith h e foflowing procedure
andinsuchmanner,asmaybeprescribednamely:- -

(a) by presenting a bill, or

(b) by serving a notice of demand; or
(c) by dist raint and sale of a defaul tets movable property; or
(d) by the attachment and sale of a defaulter's immovable
property; or
(e) in the case of a tax on lands and buildings,by attachment of
rent due in respect of the land or the building; or
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(f) in the case of octroi and toll, by seizure and sale of goods,
animals and vehicles liable thereto.
Explanation- A person shall be defaulter from whom any sum is
due on account of tax, free or charges leviable under this Act.

183. Time and manner of payment of Taxes.

(1) Save as othenvise provided in this Act, any tax levied
under this Act, shall be payable on such dates, in such
number of instaIlments and i n such manner,as may be
prescribed.

(2) If any amount due is paid on or before the date determined

under sub-section (11, a rebate of ten percent of such
mount shall be allowed.

184. Presentation of bil1.-

(1) When any tax has become due, the Chief Officer of the
Municipality shall cause to be presented to the person
liable for the payment thereof, a bill for the amount due:
Provided that no such bill shall be necessary in the case,
of-
(a) a tax on advertisements;
(b) an octroi; and
(c) atoll.
Explanation: A bi I I shall be deemed to be presented under this
section, if it is sent by post under certificate of posting to person
liable for the payment of the amount included-inthe bill, and in
such case. the date borne on such certificate of posting, shall be
deemed to be the date of presentation of the bill to such person.
(2) Everysuchbilfshallspecify~eparticularsofthetaxand
the period for which the charge is made.
( 250 1
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185. Notice of demand, notice fee and interest,-

(1) Save as otherwise provided in this Act, if the amount of

the tax for which a bill has been presented under section
184, is not paid within thirty days from the presentalion
thereof or if the tax on advertisementsis not paid after it
has h o m e due; the chief Officer of the Municipality may
cause to be served upon the person 1j able for the payrnent
of the same, a notice of demand in such form. as may be
specified by the Municipality by regulation.

(2) foreverynoticeofdemandwhichtheChiefOfiicercauses , ,

to be levied on any person under this section, a fee of

such amount not exceeding twenty five rupees, as the
Municipal may determinedby regulations,shall be payable
by the said person andshall be included in the cost of
recovery.

(3) On the amount of the hill remaining unpaid after thirty

days of presenLarion of th$rbill under section 184 simple
interest at the rate of twelve percent for delay up to one
month and at the rate of eighteen percent for delay in
excess of one month following that in which the bill is
presented and ending with month preceding the month, in
which payment is made. , .

Explanation,- In calculatjng the interest pay able under this sub-

section a fraction of a rupee in the amount of the bill on which the
interest is to be calculated shall be rounded off to the nearest
rupee,fifty paise being heated as rupee one.

(4) The amount due as interest under this section, shall be

recoverable as an arrear of tax under Act.
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(I) I f any person liable for payment of tax, does not within
thirty days of rhe service of nolice of demand under section
185 pay the amount due, such sum together with all costs
md interest due may l xrecovered under a warrant, issued
in such form, as may be prescribed, by distress and sale
of the movable property or by attachment and sale of
immovableproperty.

(2) Every warrant issued under this section, shall be signed

by the Chief Officer of the Municipaliry or any olher
authorized by the Municipality in this behalf.

7 . Distress
(1) Ir shall be lawful for any officer or other employee of the
Municipalityto whom a w m t issued under this Chapter,
is addressed,to distrain, wherever it may be found in any
place within the territorial jurisdiction of the Municipality,
any movable property belonging to the person therein
named as defaulter, subject to the following conditions,
exceptions and exemptions, namely:-
(a) the following property shall not be distrained,
namely:-
(i) the necessary wearing apparel and bedding of the
defaulter, his or her spouse and children and their
cookingandeating utensils:
(ii) tools of artisans; and
(iii) books of account;

(b) the distress shall not be excessive, that is to say,

the property distrained shall be as nearly as
possibleequal jn value to the amount recoverable
under warrant, and if any property has been
disbainedwhich,in fie opinion of theChiefOfficer
of the Municipality should not have been
distmined,it shall forthwith be released.
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The person charged wilh the execution of a wnmnt, shall

in [he presence of two witnesses, forthwith make an
inventory of the which he scizes under such
warrant, and shall, at [he same time give a written notice,
in such form, as may be s ~ c i f i e dby the Municipality by
regulations to the peTson in possession thereof at the time
of seizure that the said property will be sold as therein
mentioned.

(3) If there is reason to believe that any property seized under

a warrant under sub section (2) of section 186, if lefr i n
the place wnere it is found, is likely to be removed by
force, the officer executing the warrant, may take it to the
office of the MunicipaIity or to any-placeappointed by
the Chief OFTicer.
(4) An Officeror other employee of theMunicipatity charged
with the execulion of a wanant, if he has reason to believe
that a building contains property liable to be distrained,
may excrcise then power of entry into the buiIding.

88. Disposal of distrained property.

(1) Whenthepropertyseizedissubjecttospeedyand
natural decay or when the expense of keeping it in
custody is, when added to the amount to be recovered
likely to exceed its value, the Chief Officer of the
Municipalily, shall give notice to the person in whose
possession the propcrty was at the time seizure, that it
will be sold at once, and he shall sell i t accordingly by
public auction, unless the amount mentioned in the
wnmnt is fofihwith paid.
(2) If the warrant is not in the mean time suspended by the
ChieFOFFicerordischxged,the property seized shall, after
the expiry of the period named in the notice served under
sub-section (2) of section 196, be sold by public auction
by orderof thc Chief OFficer.
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189. Attachment and sale of immovable property,-

( Aftera defaulter has been proceeded against under the

foregoing provisionsof this Chapter unsuccesshlly or with
partial success, or if the Chief Officer of Municipality
considers i t expedient so to do, any sum due or balance
of any sum due, may be recoveced under a wan-ant issued
by the Chief Officer in such form as may be specified by
the Municipality by ~gulationsfor atmchment and sale of
immovable propeFty of the person liable.

When a warrant is issued under sub-section (11, the

attachment shall be made by an order prohibiting the
defaulter from transferring or charging the property in
anyway, and all persons from taking any benefit fmm such
hnsfer of charge and declaring that such property will be
sold unless the amount of tax due wilh all cost of recovery
is paid into the officer of the Municipality within fifteen
days from rhe date of attachment.

(3) A copy oft he order, under sub-section (Z), shdl be affixed

on a conspicuous part of the propefiy and upon a
conspicuous part of the office of the Municipality.

(4) Any rransfcr of or charge on the property attachedor any

interest herein, made without the permission of the Chief
Officer, shall be void as against all claims of the
Municipality enfo~eable under the attachment.

(5) The surplus of the sale proceeds, ifany, shall immediately

after the sale of the property, be credited to the Municipal
Fund of the Municipali~y,and notice of such credit shall
be given at the same time to the person whose property
has been sold or his legal representative, and if the same
is claimed by written application to the Chief Officer within
one year from rhe date of the notice, a refund thereof shall
be made to such person or representative.
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190. Sale of property distrained or attached,-

(1) All sales of property under this Chapter, shall be regulated

as far as practicable, by such pmedure of the Civil Court,
as may be applicable in regard to sale of movable or
immovable property after attachment.

(2) No Officer or other employee of the Municipality shall

directly or indirectly purchase any property at any such
sale.

(3) Any surplus not claj med within one year referred to in
sub-section ( 5 )of scction 189, shall be the property of
the Municjpaliry.

(4) For every distraint under section 187 and attachment

under section 189, a fee of such amount not exceeding
two-and-half percent of the amount of tax due, as may in
such case be fixed by the Chief Officer, shall be charged
and included in the cost of recovery.

191. Recovery from a person about to leave the Municipal area,-

(1) If the Chief Officer of the Municipality has reason to

believe that any person from whom any sum is due or is
about to become due on account of any tax, is about to
move from the municipaI area of the Municipality, he may
direct the immediate payment by such person of the sum
so due or about to become due and to cause a notice of
demand for the same to be served on such person.
(2) If, on the service of such notice, such person does not
forthwith pay the sum so due or about to become due,
the amount shall k recoverabIe by distress or altachment
and sale in the manner herein-before provided, and the
warrant of distress or attochmcnt and sale may be issued
andexecuted without any delay.
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192. Distraint not unlawful of want of form,-

No distress under this Act shall be deemed to be unlawful non
shall any penon making the same be deemed a trespasser on
account of:-

(a) any defector want of form in the notice summons, notice

of demand, warrant of distress, inventory or other
proceeding relating thereto; or
(b) any irrcgularity committed by such person :providedthat
any person aggrieved by such defect or irregularity may
be order of a court of competent jurisdiction, recover the
full satisfactionof any special damage sustained by him.

193. Occupiers may be required to pay rent towards salisfaction

of the tax,-
(1) For the purposes of recovery of any tax on lands and
buildings from any occupier under section 144, the Chief
OFFiccr of the Municipality, nolwirhstanding anything
contained in any other law for the time being in force,
shall cause to be served on such occupiera notice requiring
' him to pay to the Municipali ty any rentdue or falling due
from him in respect of thc land or buildingto the extent
necessq to satisfy the portion of the sum due for which
he is liable under the said section.
(2) Such notice shall operate ;ISan attachmentof such rent,
unless the portion of the sum due shall have been paid
and satisfied,and the mcupier shall be entitled to credi t in
account with the person to whom such rent is due for any
. sum paid by him to h e Municipality in pwuance of such
notice:
Provided that if the person to whom such rent is due, is
not the person primarily liable for payment of such tax,he
shall be entided to m o v e r from the person primarily IiabIe
for the payment of such tax any amount for which credit is
claimed as aforesaid.
( 256 1
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(3) If any occupier fails to pay to the MunicipaIity any rent

due or falling due, which he h a s 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
Municipality as an amar of tax under [his Act.

194. Recovery of tax on lands and buildings or any other tax or

charges when owner of Iand or premises is unknown or
ownership is disputed.-
(I) IF any money is due under this Act from the owner of any
landorbuilding on account of the tax on lands and building
or any other tax, expenses o r charges recoverable under
[his Act, and if the owner of such land or buiIding is
unknown or the ownership thereof is disputed, the Chief
Officer of the Municipality may,publish twice, at an
interval ofnot less rhan thirty days, a norification of such
dues and of sale of such land or building for realization
[hereof and after the expiry of not less than fifteen days
from the date of last publication of such notification, unless
the amount recoverable is paid, may sell such land or
building by public auction to the highest bidder, who shall
deposit, at the time of sale, the entire purchase money.
Such notificalion shall be published in the OFFrcial Gazette
and in Imnl newspapers and by displaying on the Iand or
rhe buiIdingconcemed.

(2) After deducting the amount due to the Municipality as

'
aforesaid, the surplus sale proceeds, if any, shall be
credited to the Municipal Fund of the Municipality and
may be paid, on demand, to any person who establishes
his right thereto, to h e satisfaction OF hecourt of comwtent
jurisdiction.
(3) Any person may, pay the amount due at any time before
the completion of the sale, whereupon the sale shall be
abandoned and such person may recover such amount
by a suit in a court of competent jurisdiction from any
person beneficialIy interested in such Iand or building.
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195. Taxes not invalid for defect of form.-

(1) No assessment-andno charge or demand of the tax on
lands and buildings or of any other tax made under this
Act, shall be called in question or shall in any way be
affectedby reason OF:-
(a) any clerical or arilhmeticalerror,-
(i) in the name, residence, pIace of business or
occupation of any person liable to pay such tax;
or
i in the description of any property or thing liable
to such tax; or

(iii) in the amount of assessment of,such tax; or

(b) any defect of fom, not being of asubstantial nature:

Provided that (he Chief Officerof lhe Municipality
may either on his own motion or on the application
of any aggrieved person, correct any clerical or
arithmetical error or defect of form as aforesaid.

(2) It shall surfice for he purpose of levying any ax under this

Act or of any assessment of value of any property under
this Act, if the property taxed or assessed is so described
as to bc generally known, and it shall not be necessary to
name the owner or the occupier thereof. ,

196. Power of the Chief Officer to prosecute or serve notice of

demand,-
(I) When any sum is due finm any person on account of,-
(a) tar; on advertisements other than the
advertisementspublished i n newspapers; or
(b) anyothertax,feeorchargesleviableunder
this Act;
( 258 )
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The chief Oficerof the Municipality may either prosecute

such person, if prosecution lies under the provisions of
this Act, or cause to be served on him a notice of demand
in such form, as may be prescribed or in any other form
to the like effect.
(2) The provisions of section 185 and clause (a) of section
192 shall,with all necessary modifications,apply to cvery
such notice of demand.

1 . Cancellation of irrecoverabledues,-
The MunicipaIity may, by order, strike off from the books of the
Municipality, any sum due-onaccounl of the tax on lands and
buiIdings or any other tax, fee or charges leviable under this Act,
which becomes irrecoverable after all process of recovery have
been exhausted.

198. Recovery of octroi and toll,-

(1) In case of non-payment of any octroi or any toll on
demand, h e officer empowered to collect the same, may
xize any gods on which the octroi ischxgcablc,togclhcr
with the vehicle on which such gmds have been impofled
or any vehicle or animal on which the toll is chargeable, or
any part of its burden of sufficient value to satisfy the
demand.

(2) Where there is reasonable suspicion that goods brought

within the o c n i limit have been under valued, such g o d s
may be seized after paying Pifleen percent on the value of
the goods as shown in the document.
(3) The Chief Ofticer of theMunicipulity may afterthe expiry
of a period of five days from the seizure, and after the
issue of a proclamation, fixing thc tirncand place of sale,
cause any property othcr than the vehicle on which the
seized goods were imported, or so much thereof as may
( 259 1
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be necessary to he sdd by auction to satisfy the demand

with the e x p s e s occasioned by the seizure, custody and
sale thereof, unless the demand and expenses are in the
meantime p i d :
Provided that by [heorder of the Chief Officer, goods of
a perishable nature, which could not k kepl for five days
without xrious risk of damage, may be sold aftertheexpiry
of such sorter time, as he may, having regard to the nature
of the goods, think proper.

199. Power to lease Collection of octroi or tolls,-

The collection of any ~ t r oori toll may, with [he p ~ v i o usanction
s
of the Government, be leased by the Municjpality for any period
not exceeding one year and the leasee and all persons employed
by him in the management and colIection of the octroi or toll, shall
in respect rhereof,-
(a) be bound by the terms of the lease agreement.

(b) be bound by any orders made by the Municipality for

their guidance;and

(c) be while discharging their functionsresponsible as if they

wereemployed by theMunicipality for the management
and collection of the octroi or toll.

200. Power of Government or exempt from tax,.

The Government may, for reasons to be recorded, by noti Fication
exempt in whole or in part from the payment of any tax levied
under this Act,

(a) any person or class of persons; or

(b) any-properiyor class of properties.

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PART -V
CIVIC SERVICES

CHAPTER -I
GENERAL

201. Duty of Municipality:

(1) It shalI be the duty of a Municipality to provide civic
services and in particular on the matters in relation to the
functions assigned to aMunicipality under this Act.

(2) A Municipalityshall exercisesuch powers conferred upon

a Municipality under this Act or RuLes made there under
to discharge its duties or perform its functions.

CHAPTER I1 -
FUNCTIONS IN RELATION TO WATER SUPPLY.

202. Duty of Municipality to Supply water:

(I) on a notification issued by the Government, as provided
under this Act, in relation to water supply, i t shall be duty
of the Municipality to take steps from time to time,-
(a) for axertaining thesufficiency and wholesomeness
of water supplied within the municipal area;
@) forpmvidngasupplyofwho!esomewaterinpipes
to every part of the municipal area of the
Municipality in which there are houses, for
domestic purposes of the occupants thereof, and
for taking the pipes affording that supply to such
point orpoints as will enable the houses to be
connected thereto at a reasonable cost, so,
(261 1
 LatestLaws.com

however, that his clause shall not require the

Municipality to do anylhing, which is not
practicable at a reasonablecost or to provide such
supply to any part of the municipal area where
such supply is already avaiIable at such point or
points aforesaid;
(c) for providing, as Fir as possible, a supply of
wholesome water otherwise than in p i p toevery
part of the municipal area in which there are
houses, for domestic purposes of the cccupants
thereof and to which it is not practicable to provide
supplying pipes at areaonable cost, and in which
danger to health arises from the insufficiency or
unwholesomeness of the existing supply and a
public supply is requircd and can be provided at
a reasonabIe cost, and for securing that such
supply is available within a reasonable distance
of every house in that part.
~
I

If any question arises under clause (b) of sub-section (1)

as to whether anything is or is not practicable at a
reasonable cost or as to the point or points, to which
pipes must be taken in order to enable houses to be
connected to them at a reasonable cost, or, under clause
(c) thereof, as to whether a public suppIy can be provided
at a reasonable cost, the Municipality shall decide the
question.

203. Supply of water to connected premises.-

(-1) TheChiefOficeroftheMunicipali~ymay,onapplication
by owner, leasee or occupier of any buiIding, arrange for
supplying of water from the nearest main to such building
for domestic purposes in such quantities, as deemed
reasonable; and may, at any time, limit the amount of water
to be suppliedwhenever considered necessary.
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(2) For all water suppIied under sub-section (I), payment

shall be made at such rate, as may be fixed by the
Governmentfromlime to time:
Provided that in fixing pro rata unit rate, the Government
shall endeavour to cover the cost for operarion,
maintenance, depreciation, interest payment and other
charges related to the water-works and the distribution
cosls, including dishbution losses, if any.

(3) A supply of water for domestic purposes shall not be

deemed to include a supply:-
(a) for animals or for washing vehicles where such
animals or vehicles are kept for sale or hire;

(c) for fountains, swimming baths, or for any

ornamental or mechanical purpose;
(d) forgardensorforpurposesofimgation;
,(el for watering roads and paths;
(fl for bui ldingpurposes;avd

(g) to any institutional building, assembly building,

business buiIding, mercantile building, industria1
building, storage buildingor hazardous building,
referred to in clause (2) of section 340 or any
part of such building, other than that uscd as
residential building oreducationalbuilding within
the meaning of sub-clause (a) and sub-clause (b)
of cIause (2) of Section 340.
Provided that, subject to such I imits, as may be
specifredin h e regulations made in this behalf, a
supply of water-
(i) for Fountains,swimmingbaths, or any ornamental
or mechanical purposes; or
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(ii) for gardens; or
cii) for watering paths;
within any residential premises, shall k deemed
to be a supply of water for domestic purposes.

204. Supply of water for other than domestic purposes.-

!
( 1 The Chief OFficer of the Municipality, may, supply water
for any purposes, other than a domestic purpose, on such
terms and conditions, consistent with this Act and the
regulations made thereunder including the condition of
withdrawal of water, as may be laid down in this behalf
by the Municipality, on receiving a written application
specifying the purposes for which the supply is required
and thc quantity likely to be consumed.
(2) For all water supplied under sub-section (l),payment
shall be made at such rate, as may be fixed by the
Governmentfrom time to time:
Provided that in fixing prorata unit rate, the Government
shall endeavour to cover the cost for operation,
maintenance, depreciation, interest payments and other
charges reIated to the water-works and the distribution
costs, including distri bution losses, if any.
(3) The Municipality may withdraw such supply at any time,
if it thinks it necessary so to do in order to maintain a ;
sufficientsupply water for domestic purpose.

205. Making connectionwith municipal water works.-

(I) When an application under Section 203 or Section 204
has been received, all necessq communicationpipes and
fittings, shall k supplied by the Municipality and the work
of laying and applying such communication pipes and
fittings,shall be executed under the orders of the Chief
Officer of the Municipality.
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(2) The cost of making such connection and of all

communication pipes and firlings so supplied and of ail
works sd executed shall be paid by h e owner or the p c m n
making such application.
(3) Notwithstanding anything contained in sub-section (11,
the Chief Officer may requirc any owner or [he person
applying for a supply of water to provide,to [he salisfaction
of the Chicf Officer, all communication pipes and fittings
and to carry out at his own cost, under his supervision
and inspection. a11 the work of laying and applying such
comrnunicauon pipes and fittings.

(4) Where it is practicable lo supply water at a reasonable

cost wi thin the meaning of subsection (2)of Secrion 302,
the work relming to making of connec tion and fitting of
communication pips and fiuings shall be execured wilhin
a period of one monlh from the date of the receipt of
appIicarion under sub-sec tion ( 1).
5 The cost recovered under this section for making
connection and supplying and communic;ltion pipes and
fittings shaII be spent only on works relating to watcrsupply.

206. Water supply through hydrants, stand-posts and other

conveniences.-
The Municipality may, in exceptional circumstances
provide grdhlitoussuppIy of wholesome waterto the public
within the municipal urea and may, for that purpose, crect
public hydrants or stand-posts or other conveniences.
The Municipaliiy may closc a public hydrant, stand-posrs
or olher conveniences for reasons ro be recorded in witing.
The Municipality may, by regulations, provide for safety,
rnaintenancc and use of such public hydranls or stand-
posts, subject lo such condi lions, as may bc specified in
the regulations.
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207. Provision for fire hydrants.-
(I) The Chief Officeroia Municipality shall fix hydnnts on
water mains (other than trunk mains) at such places, as
may be mosr convenient for affordingsupply of water for
extinguishing any fire,which may break-our and shall keep
in good order such hydrants, and may, from timeto time
renew such hydrants.
(2) To denote the situation of every hydrants placed under
this section, letters marks or figures shall be displayed
prominently on some wall, building or other stn~cturenear
such hydrant.
(3) As soon as the work relating to any such hydrant is
completed,the Chief Officer shall deposit a key thereof
at each place where a public fire engine is kept and in
such other place as he may deem necessary.
(4) The Chief Oficer may, at the request and expenses of the
owner or occupier of any factory, workshop, trade
premises or place of business situated in or near a s m r
in which a pipe is laid (not king a hunk main and being of
~
sufficient dimensions to carry a hydrant),fix on the pipe
and keep in good order and, from time to time, renew
one or more fire hydrants,to be used on1y for extinguishing
fire as near as conveniently may be to that factory,
workshop, trade premises or place of business.
I
(5) The Chief Officershall allow all persons to take water for
extinguishing fire from any pjpeon which a hydrant is fixed,
wjLhout any payment.

208. Supply of water outside Municipal area.-

(I) The Municipality may, with the sanction of, and on such
terms, as may be approved by the Government, suppiy
water to a local authority or any person outside the 1
municipal area
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, (2) The supply of water under sub-section (I) shall be at such

rate, not beingless than the cost of production and delivery,
including thecosts of debt servicing, depreciation of plant
and machinery, loss and other charges if any, as the
Municipality may, from time to tirne, determine.

209. Public tanks, sub-soil water etc. to vest in the Municipality:

(I) All public tanks, reservoirs, cisterns,well, tube-wells,
aqueducts, conduits, tunnels, pipes, taps and otherwater
works, whether made, laid or erected at the cost, met
h r n the Municipal Fund of the Municipalityor otherwise,
and a 1 bridges, buildings, engines works materials and
things, connected therewith or appertaining thereto and
any adjacent land (not bei ng private property) a p w n ing
to any public tank, which is situated within the municipal
area, shall vest in the Municipality consti luted for that
municipal area.

(2) All rights over the sub-soil water resources within a

municipal area, shall vest in the Municipality constituted
for that area.

210. Power to require Municipality to carry out survey and

formulate proposals.-
A Municipality may,-
(a) carry out a survey of the existing consumption of and
demand for water supply in the municipaI area and of the
water resources in or availablefar the municipal'area and
quality thereof:
(b) prepare an estimate of the future water supply
requirementsof the municipal area;
(c) formulateproposalsas to the existing or f u m w a r supply
requirements of the municipal aren; and
(d) formulate proposals for maintaining the quality of water
resources.
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211. Works to be undertaken for supply of water.-

For the purpose of providing ihe municipal area with the proper
and sufficient supply of water for public and private uses, the
Municipaliv:-
(4 shall cause such tanks, reservoirs, engines, pipes, taps,
and other water-works, as may bc necessary to be
constructedor maintained, wilhin or outside the municipal
area;

@) may purchase or take on lease any water-works or any

right to store or to take and convey water either within or
outside the municipal m a ; and
(c) may enter into an agreement with any penon or authority
for the supply of water; .
Provided that the Municipality may, with the approval of
the Govcmment, make over to, or take over from, a
statutory body the water-works so as to do anything,
which may be necessary or cxpedient for the purpose of
r any olher
caving out its functions under this ~ c t - ounder
law for the time being in force.

212. Chief Omcer to manage water works.-

Subject to the other provisions of the this Act, the Chief Officer
of a Municipality shall manage all water-works and allied facilities
belonging to the Municipdi ty and shali maintain the same in good
'repair and efficienr conditions and shall cause to be done, from
time to time, all such lhings, m shall be necessary or expedient for
improving the said water-works and facilities.

213. Power of access to water-works.-

, (a) . The Chicf Off~cerof a Municipality, or any person
appointed by the Government i n this behalf, may, for the
purpose of inspecting or repairing or executing any work,
. . .
in, upon or in connection with any water-works at all
reasonable times:-
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I. enter upon and pass rhr-ough any land wirhout or

outside he-municipal area, adjacent LO,or in the
. vicinity of, such water-works, in whorns~versuch
land may vest; and
11. convey into and through a n y such land dl
necessq materials, tools and implements. ,
(b) Intheexerciseofanypo~verconferredbythissection,as
little damage, as possiblc may be done, and cornpensarion
for any damage, which may be done in [he exercise of ,
any such powel; shall be paid by [heChief Officer,or, if
rhe person so appointed by the Govcrnrnent has causcd
t he damage, by the Government.

214. Purity of water for donlestic purpose..

(I) Thechief OfficerofaMunicipali~yshall, at all times, ensure
that the water i n any water-works belonging to the
MunicipaIiry, from which water issupplied-for domestic
purposes is wholesome.
(2) The Municipality shall, when so requi~rdby any comperent
authority under any law forthc time being in force,wclnge
for the examination of water, supplied for human
consumption for the purpose of determining whethcr the
water is wholesome.

215. Prohibition regarding sinking of tubewells.-

(1) No person shall, except with piior permission in writing
of theMunicipality,sink any rube\vclI inany premisa within
the area of the Municipality subject to the provisions of
[he Stare Water Policy.
(2) The rnunicipality may, grant such permission and issuc a
tubewcll licensc on such condirions and on payment of
such annual fcc, as t h e Municipality may, from time to
time, specify.
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(3) If any such work of sinking of tubewell js begun or

completed without such permission, the Chief Officerof
the Municipality, with the prior approval of the
Municipality, may,-
(a) by written notice, require the owner or the other
person, who hasdone such work to fill up or
dismantle such work within such time, as may be
s p i f i e d in the notice, and if the work of filling up
or dismantling is not done within the time so
specified,the Chief Officermay, cause the work
to be done and realize the expenses the~foreFrom
the owner or the person to whom such notice
was given; or

(b) grant pemission to rekin such workon such terms

and condi tions, as the Municipality may consider
fit to impose.

226. Power to direct sinking of tubewell in some cases.-

(a) Notwithstanding the provisions of Section 215, the
Municipality may, by a written notice, require the owner
of a premises to sink a tubewell, if the premises are to be
used as a place of public resort, or as a market, or as a
place of employment of more than fifty persons, or, in
other cases, for reason to be recorded in writing.
'
(b) Every such owner shall be boundto take out a tubewell
license on such condi tions and on payment of such annual
fee, as the Municipality may, from time to time, determine.

217. Registration of tubewe1b.-

The Chief Officer of a Municipality shall, cause to be maintained
a register, in such form andin such manner, as may be determined
by regulations, which shall provide an inventoryof the tubewells, :
public or private, sunk in the municipal area of the Municipality
and such register shall be updated from time to time.
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218. Power to filI up wells.-

Whenever a supply of water has been provided in any municipal
area, the Municipality constituted for the municipal aixa may, by a
written notice, require the owner, lessee or the occupier, as the
case may be,of a well, tubewell, tank or other water a m ,forming
a part of any premises in the said area, to fill up such well, tank, or
other water area.

219. Digging of Wells.-

(1) No new well, tank, pond, cistern or fountain shall be dug
or constructed i r any
~ municipal m a without the previous
permission in writing, of the Municipality consti~uted for
that area subject to the provisions of State Water Policy.

(2) If any such work is begun or completed without such

permission, the Chief Officer of IheMunicipality,with prior
approval of the Municipality, may,-

(a) by written notice, require the owneror the other

person, who has done such work to fill up or
demolish such work within such time, as may be
specified in the notice, and if the work of fiI ling
up or demolition is not done within the time so
specifiedthe Chief Officer may, cause the work
to be done and realize the expenses therefore
from the owner or the person to whom notice
was given; or

(b) grant permission to retain such work or portion

thereof on such terms and conditions, as the
Municipality may consider fit to impose.

220. Power to set apart wells, tanks, for digging etc.-

The Municipality may, by order published at such places, as it

thinks fit, set apart any tank, we1I, spring or water-course or any
part thereof, vestedin it or, by an agreement with h e owner themf,
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any priviilc tank, Wc1I, spring or waler coursc or apart thereof,

subjecr LOirny rights, which the owner. may retain wilh theconsenr
of the Municipali~y,for any of the following purposes, namely:
(a) for the supply af water exclusively for drinking or for
culinary purposes or for both; or
(b) for rhe purpose of bnthi ng; or
!
(c) f'o~.washinganimals orclolhs; or
(d) for any otherpurposeconnected with the hcalth, cleunliness .
or comfort of the inhabilants, and may, by like order, -
prohibit the bathingorthe washingofanimnlsorclothes
or other rhings ar any public placc, not set apart for such
purposes, orprohibit any olheract by which water inany
public place may be rendered foul or unfit for use, or
providc for alternative faciIities and convcnicnces to
rcgulace the use of any tank, well, spring or water-course :
I
LOpromote public safety, health and welfare.
I
Power to lay mains:
(I) The Chief Oficer of n Municipality may, lay main, whether
within or outside the local limits of the Municipality,-
) in any strect; and

(b) wj th lhe consent oievery owncr or occupier of

;my land not forming part of a sweet in, over or on
that land,
and may, from lime to time, i n respect, repair, alter, or
renew or may, at any time, remove any, main so laid,
whelherunder this section or othenvjse:
PI-ovidedthat where a consent required for the purpose
of [hissub-sec~ionis withheld, the Chief Officer may, a Ftcr
giving the owner or the occupicr of the land a wrirten
noticcofhisintention so todo, lay rhemain in,overoron
that lnnd even w i hout
~ such consent.
( 272 )
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(2) Whenever [he Chief Officer, i n exercise of the powers

under this section, lays ;1 main in, over or any land not
forming part of a strce!, or inspect, repairs, alters, renews
or removes a main so laid in, over or on any such land, hc
shall pay compensalion LOevely person interestcd in that
land for any damage done [hereto, or injury to that land
by mason o f the laying, inspection, repair, alleration,
rcnewal or removal of the main.

222. Power to lay pipes,-

(1) The Chief Officer of a Municipality may, in any streef

whelher within or ourside the local limits ofthe municipal
area of thc Municipality, lay such service pipes with such
stopcocks and olher waler Fittings, as hc may deem
necessary for supplying water to premises and may, Prom
rime to time, inspect, repair, alter or renew and may, at
any time, remove any service pipe laid in a streer whcther
under this section orolhenvise.

(2) Whcrc n servicc pipe has been lawfully laid in, over, ol;
on rhe land not formin5 part of a slreet, the Chief OFficer
rnay, horn time to time, enler upon that land ilnd inspcc t,
repair, a1ter, rencw or remove the pipe or lay a new pipc
in substitution lhereof, but shall pay compensation for any
damage done in the course of such action.

Power to require supply pipes:

(1) The Chief OlTicer of a Municipality rnay, require the
provision of a separate supply pipe for each of the
premises supplied or to be supplied by he Municipality
with water:
Provided that in casc of any multi-storeyed building, the
Chief Oificer may require the provision of a separate ,

supply pipe foreach storey of such multi-stoleyedbuilding

or cich independently occupied unit therein.
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If,in thecase d a n y premises already supplied with water,

but not havi ng.aseparate supply pipe, the Chief Officer
gives notice to the owner of the Premises requiring the
provision ofsuch a pipe, the owner shall, within three
months, lay so much of the required pipe as is not required
tobelaidinastreet,andtheChiefOfficershalllayso
much of [he required pipe as to be laid in a street and
make all necessary communications.

(3) If an owner, upon whom a notice has been served under

sub-section (Z), failsto comply therewih, rheChief Officer
may cause the work, which the owner was required to
execute, to be executed and recover the expenses
reasonably incurred by him in executing the work as an
arrears of tax under this Act.

Power to require water supply to be undertaken.- 1

!
If it appears to thechief Officerof a Municipality that any premises
in the municip;ll m a , slre without supply of wholesome water for
domestic purposes or that the existing supply of water for domestic
pupxes, availablefor the persons usually wcupyingar employed
in such premises, is inadequate or on any sanitary grounds
objectionable, the Chief OFfIcermay, by notice in writing require
the owner of the premises or the persons primarily liable for the
payment of the tax on lands and buildings in respect of the same,-

(a) to take a connection from the mains of the Municipality

adequate for the requirements of the persons occupying
or employed in the premises or to take such addi tional or
enlargedconnection or connections from the mains; and
(b) to providesupply pipes and water-fittings, and do all such
works and take all such measures, as may, in the opinion
of the Chief Officer, beneessary for the above purposes.
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225. Power to requireowners of premises to set up pumps.-

(1) The owner of every-premisesconnecled with municipal
water-works shall, when so required by the Chief Officer
ofaMunicipality,setupelectricpumpsorother ,

contrivances whereby water may be caused toreach the

top of the topmost storey of such premises.
(2) NOsuch elecmc pump shall be fixed directly on the main
of the supply line, but shall be fixed on the underground
storage tank to be provided for the purpose by [he owner.
3 ) No booster pump shall be set up without a written
permission of the Chief Officer.

226- Obligation of owner or occupier to give notice of waste of

water.-
Any owner or occupierof any building or land in a municipal area
in which watersupplied under his Act is misused h m negligence
or other circumstances under his control, or used without
permission in excess of the quantity fixed under section 203 or
section 204, or in which pipes, mains, or other works are out of
repair to such extent, as to cause waste of watcr, shall, if he has
knowledge thereof, be bound to give notice of the same to the
Chief Officerof the Municipality.

227. Power to enter premises to detect waste or misuse of water.-

The Chief Officer of a Municipality or any officer of the I

Municipality authorizedby he ChiefOfficerinwrjting in *is behalf

may, between sunrise and sunset, enter any premises supplied
with water by theMunicipality in order to examine, if here is any
wasre o r m i s u ofsuch water and the Chief Officeror such officer,
shall not be refused entry into thc premiscs nor shall l
xobstructed
by any person in making his examination.

228. Power f o test water fittings..

The Chief Officer of a Municipali ty may cause to be tested any I
water fitting used in connection with water supplied by the
Municipality.
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229. Power of Chief OtKcer to cut off or turn off supply of water.-
(I) Notivithsranding anything contained in this Act, the Chief
Orficcr of a Municipaliry may, cut off the connection
belwccn any water works of the Municipality and any
premises LOwhich waler is supplied from such works, or
may turn off such supply, in any of the following cases, i,
I
namely:-

(a) If the person whose prcmiscs arc supplied with

warn, neglccts to pay any sum payable undcr
Section 203 or Section 204 when due, or fails to
give notice as provided insection 225.

(b) If the premises are unoccupied;

(c) If, after rcceipt of a wriueo notice from the Chief
Officer requiring him lo refrain from so doing, [he
owner or occupier of [he premises conlinucs la
use the water or to permir thc same to be used, in
conlravention of this Act or of any regulations
made thereunder;

(d) if \he occupier of the premises contravenes the

p~~ovisionsof sub-section (3) of Section 203;
(e) iftheoccupierrefuses~oadmitanyofficeror
employec vf ihe Municipality, duly aulhorized in
that behaIf into the premises for thcpurpose of
making any inspection under this Act or under
any regula~ionsrelaring to water supply made
undcr this Act, or prevents such officer or
cmployee from making such inspeclion;
( if the owner or the occupicr oi.the premises
willfully or negligently damages; his meter or any
pipe or tap conveying water from any works of
theMunicipality;
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230. Water Pipes etc., not to be placed where water will be
polIuted:
(1) No water pipe shaIl be laidin adrain or on thesurface of
an open channel or house gully or within six meters of a :
cesspool or in any position where the pipe is likely to be
injured or the water therein polluted and no well or tank,
and except with the consent ofthe Chief Officer ofthe
Municipality, no cistern shall be constructed within six ;
,
meters of a latrine or cesspool.
2 No latrine or cesspool shall be constructed or made within
six meters of any well, tank, water pipe or cistern or in
any position where pipe, well, tank or cistern is likely to
be injured or the water therein polluted.

231. Power to close or restrict use of water from polluted source

of supply,-
I
(1) Ifthe Chief Officer of a Municipality is of the opinion h a t i
the water in, or obtainedfrom, any weI1, tube well, tank !
or other sourcesof suppl y, not vested in the Municipality,
being water, which is or is IikeIy to be used for domestic
purposes or for thepreparation of focd or drink for human
consumption, i s or is likely to become so polluted as to
kprejudicial to health, the Chief Officermay, aftergiving
the owner or the occupier of the premises in which the
source of supply is situated, a reasonable opportunity of
being heard, in such manner, as may be prescribed, by
order, direct that the source of supply be permanent1y or
temporarily closedcut off or the water therefrom, k used
for certain purposes only or make such order, LF appears
to him necessary LOpercent injury or danger to h e heaIth
of the person using the water or consuming food or drink
prepared therewith or therefrom.
2) Before making any order under this section, the Chief
Officermay cause the water to be analysed at the cost of
theMunicipality.
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LatestLaws.com
(3) If the person to whom an order is made this section,fails
tocomply therewith, the Chief Officermay do whatever
maybe necessary forgiving effect to the order, and any
expenses reasonably incurred by him in so doing, may be
recovered by him from the person in default as an arrears
of tax under this Act.

232. Supply pipes to be maintained -

It shall be incumbent on the owner or the cccupier of any premises
to which water is supplied from any waterworks belong to the
Municipality to keep in n thoroughly clean condition, and to
maintain and keep in efficientrepairevery supply pipe connecting
the premises to the supply mains of the Municipality and any other
water fittings in the p11:mises:

Provided that upon an inspection, the Chief Officer of the

Municipality may,by written notice, require the owner or the
occupier of the premises to remedy any defect, which he may
fid
Provided Further that when an mcupier of any premises is served
with a notice under this Section, he may, after giving three day's
notice in writing to the owner or to the person to whom he is
responsible for the payment of his rent, himself have the repairs
executed and deduct the expenses thereof from any rent which is
due from him to such person.

233. Power to provide meters:

(1) The Chief Officerofa Municipalitymay, provide a water-
meter and attach the same to the supply pipe in the
premises connected with the service mains of the
Municipality
(2) The expenses of providing and attaching a meter under
sub-section (I) shall be paid out of the Municipal Fund
of the Municipality and the consumer shaII be charged
rent for the same.
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234. Installation of meter by the owner:

(1) Notwithstariding anything contained in section 233, rhe

'
owner may, with the previous permission of the
Municipality, instdl at hisown cost a water-meter of such
size. material and description, as theMunicipaliiy may
approved and ilshall be sealed by [heMunicipali ty.
1
1

(2) In case of the water-meter being out of order, shall be

repaired by the owner at his own cosi wilhin fifteen days
failing which h e ownershall be liable to pay for h e supply
of water a fee which shall be two times the avenge ofthe
two preceding bills.

235. Presumption as to correctness of meters:

When warer is supplied under this Act through a meter, j t shall be
presumed that the quantity indicated by the meter, has been
consumed, until the contrary is pi-wed.

236. Prohibition of fraud in respect of meters:

(1) No person shall fraudulently:

(a) alter the index to any meter or prevent any mcter

from duly registering the quantity of [he water
supplied; and

(b) abstract or use water before it has bccn registered

by n meter set up for the purpose of measuring
the same.

(2) The existence of artificial means under the control of the

consumer for causing any such alteration, prevention,
obsmclion or use shall be an evidence that the cansume1-
has lraudulently affected the same.
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237. Payment for supply of water: ,

In a premises where a meter has been attached,ona supply pipe,

the occupier shall be liable to pay for the water, shown to have
been consurnedon the basis of the readingsrecorded by the meter;
Provided that where a water-meter attached to the supply pipe in
any premises or building connected with the service mains of the
Municipality, gms out of order, or where there is a dispute about
the proper opention of such water-meter, or where such water-
meter is fraudulentlyaltedor tampered with, the fee for the supply
of water to such premises or buildings, shall be two times the
average of two preceding bi 11s.

238. Entrustment of operation and maintenance of water suppiy

system, billing and collection of charges:
A Municipali ty may, with the prior approval ofthe Government,
entrust the work of operation and maintenanceof the water supply
system within the municipal area and the work of billing and
collection of watercharges to any Government, statutory or private
agency, subject to such condition, as the MunicipaIity may,
determine.

239. Joint and severalliability of owner and occupiers for offence

in relation to water supply:
If any offence relating to water supply is committed under this Act
on any premises connected with the municipal water-works the
owner, the person primarily liable for payment of tax on lands and
buildings, and the occupier of the said premises, shall be jointly
and severally liablefor such offence.
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CHAPTER I11 -
DRAINAGE AND SEWERAGE

240. Municipality to provide drainage, sewerage and out-fall:- ;

!
FmmadateappointedbytheGovemmentbyanotificationissued .

in this behalf, the municipality shall construct and maintain dmins

and sewers and provide a sde and suficient out-fall, in or outside ,

the municipal a k a for effectual drainage and proper discharge of

storm water and sewerage of the municipal area in such manner :
as not to cause any nuisance whether by flooding part of the
municipal area or any surrounding area.

241. Provision of means for disposal o sewage:-

For the purpose of receiving, treating, storing, disinfecting
distribiting or otherwisedisposing of sewage, the Municipality
may construct, operate, maintain, develop and manage any work
within or outside the municipal area.

242. Public drains and sewage disposal works to vest in the

municipali@:-

(I) All public drains, dl drains in, alongside or under any public
street, and all sewage disposal works, constructed or
acquired out of the Municipal Fund of a Municipality or
otherwise,and all works, materialsand things appertaining
thereto, which are situatedwithin or outside the municipal
m a , shall vest in the Municipality.

(2) All public and other drains, which are vested in the
- ,.
Municipality are hereafter in this Act referred to as
municipal dmins.
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(3) For the purposes of laying. constructing, enlarging,

deepening or otherwiserepair'lngor maintaining any such
drain or sewage disposal, so much of the sub-soil
appertaining thereto, as may be necessary for the said
purposes, shall be deemed also to vest in the Municipality.

(4) All drains and ventilation shahs, pipes andall appliance

and fittings conne~tedwith the dminage works constructed
or set up out of the Municipal Fund of a Municipality in or
upon the premises, not belonging to the Municipality,
whether-

(a) before or after the commencement of this Act;

and

(b) for the use of the owner or occupier of such

premises or not, shall, unless the Municipality has
otherwise determined, or does at any time
otherwise determine, vest and bedeimed always
to have vested in the Municipality.

243. Power of Municipality to make over to or to take over horn,

a statutory body the drainage and sewerage sefvices :-
f
A Municipality may, wirh the prior approval of the Government,
subject to such conditions, as the Municipality may determine,
make over to, or take Over from a statutory body and drain or
sewer or sewage disposal works for administration and
management thereof.

244. Control of drains and sewage disposal works :-

All municipal drains and sewers, all sewage disposal works and
dl works, materials and things appertaining [hereto, shall be under
the control of the Municipality.
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245. Power of drains:-

(1) The Chief Officer of a Municipality may carry any
municipal drain through, across or under any street or .
anyplace laid out as or intended for a street or under any
cellar or vault, which maybe under any street and, after
giving reasonable nolice in writing to the owner or I
I
occupier, into,through or under any land whatswver within i
'
the municipal area or for the purpose of out-fall or
distribution of sewage outside the municipal area of the
municipality.
(2) Thc Chief Officer may enter upon the construct any new
d m n in the pIace of an existingdrain in any land wherein
any municipal drain hasbeen already IawfulIy constructed,
or repair or alter any municipal drain so constructed.

246. AIteration and discontinuance of drains:-

The Municipality may enlarge, alter the course of, lessen arch :

overorothenviseimproveany municipal drain within the municipal

area of the Municipality and may discontinue, close up or destroy
any such drain which has, in its opinion, become useless or
unnecessary, or prohi bit the use of any such drain either en ti rely
or for the purpose of foul water drainage or for the purpose of
surfacedrainage:
Provided that if, by -reasonof anything done under this section,
any person is deprived of the lawful use of any drain, the
Municipality 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.

247. Cleaning drains:-

(1) The Municipal drains shall k socanstructed, maintained
and kept by the Municipaliry as to create the least
practicable nuisance and shall, from time to time, be
properly flushed, cleansed and emptied.
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(2) For the purpose of flushing, cleansing and emptying the

said drains [heMunicipality may, construct or set up such
reservoirs, sluices. Machines and other works, as it may,
from time to rime, delemine.

248. Certain matters not to be passed into municipal drain:-

(I) No person shall throw, empty or turn into any municipal
drain or into drain communicating \4 th a municipal chin.-
(a) Anymatterlikelytodamagethedrainolvro
interfere with the free flow of its contents, or to
affect prejudicially the treatment and disposal of
its contents; or
(b) Any chemical,refuse or waste steam, or any liquid
of a temperature higher than forty-five degrees
centipde being refuse or steam which, or a liquid
which when so heated, is either alone or in
combination with the contents of the drain,
dangerous-or the cause of a nuisance, or
prejudicial to health; or
(c) Any petroleum C l z s 'A', petroleum Class 'B', or
petroleum ClasifC',
(2') In this section,expression petroleum Class 'A' petroleum
Class B'or petroleum Class 'C' has the same meaning as
it has in the Petroleum Act, 1934 (Act 30 of 1934).

249. Applimtionby owners aqd occupiers to drain into municipal

drains:-
(1) Subject to such conditions, as maybe laid down in the
regulations made in this behalf, the owner or occupier of
any premises having a private drain or the owner of any
private drain within the municipal areamay apply to the
Chief Officer of aMunicipalityto have his drain made to
communicate with the municipal drains and thereby to
discharge foul water and surface from those premises:
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Provided that nothingin this sub-section shalI entitle any

person:- .

(a) To discharge directly or indirectly into any

I
municipal drain any trade effluent from any trade
premises except in accordance with the provision
of this Act or any liquid or other matter, the I
discharge of which into municipal drains, is
prohibited by or under this Act or any othcr law
for (be time being in force; or

(b) Where sepamte municipal drains are provided for

foul water and for surface water, to discharge
directly or indirectly:-

(i) Foul water into a drin provided for surfacewater;

or

(ii) Except with the permission of the Chief Officer,

surface water into drain provided forfouI water;
or

(c) To have his drain made to communicate directly

with a storm water overflow main.

(2) Anypersondesirousofavailinghirnselfoftheprovisions
of sub-section (I),shall give to the Chief Officernotice of
his proposals. and at any time within one month after
receipt thereof,the Chief Ofi5cer shall grant ,permission
or by notice to him, refuse to permit the communication
to be made, if it appears to him that the mode of
consrruction or condition of the drain is such that the
making of the co~nmunicationwould be prejudicial to the
drainage system, and for the purpose of examining the
mode of construcdon and condi tions of the dnin he may,
if necessary, require it to be laid open for inspection.
- (286)
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(3) The Chief Officer may, if he thinks fit, constnrct such part
of the work necessary for having a private drain made to
communicate with a municipal drain as is in or under a
pubIic street and in such acase the expenses incurred by
the Chief Oficer, shall be paid by the owncr or occupier
of the premises, or, as the case maybe, by the owner of
the private drain, and shall be moverable from the owner
or occupier as an nmarof tax under this Act.
(4) The cost recovered by the Municipality from the owner
of occupier of any premises for constructing the work,
necessary for making aprivate drain to communicatewith
a municipal drain shall be spent only for the works relating
to the municipal drains.

250. Drainage of undrained premises:-

(I) Where any premises we, in the opinion of h e Chief Officer
of a Municipality, without suficien t means of effectual
drainage and a municipal drain, or some place approved
by him for the discharge of sewage and oiher polluted
and obnoxious matter, is situated at a distance, not
exceeding thirty meters fmm any part of the said premises,
he may,by a written notice, require the owner of the said
premises:-
(a) to construct n d n i n emptyinginto such municipal
drain or place;
(b) to provide and set up all such appliances and
filtings, as may appear to the Chief Officer to be
necessary for the purpose of garhering and
receiving the filhandolherpolluted andobnoxious
matter from, and conveyi ng the same off, the same
premises and of effectuallyflushingsuch drain wd
every fixture connected therewith;
(c) to remove any existing drain or other appliances
or thing used to intended to be used for drainage
which is injurious to heallh;
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(d) to provide a closed drain in substi turion of in open

drain or to provide such other appliance or thing
either newly or in substitution of any existing
appliance or thing or to provide both a closed
drain and such other appliance or thing in i
substitution of theexisting open drain and other
appliance or thing, which is or is likely to be
'
injurious to health;
(e) to provide and set up all such appliances and
fittings,as may appear to the Chief Officer to be
necessary for the purpose of gathering and
receiving the wask water from flmrs and gdIeries
of buildings when they are washed and conveying
the same through spouts by down-take pipe, so
as to prevent such waste water from discharging
directly on streets or inside any lower portion of
the premises; and !
I

(f) to carry out any work to improve or re-model an

existing drain which is inadequate,insumcient or
Faulty.
(2) Where in any case, not provided for in sub-section (I),
any premises are, in the opinion of the Chief Officer,
without sufficientmeans of effectualdminage, he may,by
wrilten notice, require the owner of the premises, -

(a) to construct a drain up to a point to be specified

in such notice, but not at a distance of more than
thirty meters From arty part of the premises; or

(b) to construct a closed cesspool or soakage pit and

drain under sub-section (21, may contain any of
the details specified in sub-section (I).

(3) Any requisition for the construction of any drain under

sub-section (2),may contain any of the details specified
in sub-section (1).
( 288 1
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251. Premises not to be erected without drains:-

(1) It shall not be lawful to erect orre-erect any premises in
the municipal areaor to occupy any such premises unless:- 1
(a) a dmin is constructed of such size, materials and
descriptions at such level and with such fall, as
may appear to the ChiefOfficerof the Mun icipdity
to be necessary for the effectual drainage of such
premises;

(b) there have been provided and set upon such

premises such appliances and fittings, as may
appear to the Chief Officer to be necessary for
the purposes of gathering or receiving the filrh and
other polluted and obnoxious matter from the I
conveying the same of, the said premises and of
effectually flushing the drain of the said premises
and every fixture connected therewith.

(2) The drain so consmcted shall empty into a municipal dmin

situated at a distance of not exceeding thirty metres from
the premises but if no municipal drain is situated within
that distance then such drain shall empty into acesspool
situated within the distance to be specified by the Chief
Officer for the purpose.

Power to drain group or block of premises by combined

operation:- -
(I) Where the Chief Officer of aMunicipality is of the opinion
that any group or blmk of premises maybe drained more
economicalIy or advantageously in combination than
separately, and a municipal drain of sufficientsize already
exists or is about to be constructed within thirty metres of
any part of that group or bIock of premises, the Chief
Off~cermay, cause that group or block of premises to be
drained by a combined operation.
( 289 )
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(2) The expenses incurred in carrying out any work under

sub-section (I), in respect of any group or block of
premises, shall be p i d by h e owners of such premises in
such proportions, as the Chief OFFicer may determine and
shall be recoverable from them as an arrear oftax under
this Act.
(3) Not less than fifteen days before any such work is !
commenced, the Chief Officer shall give to each such ,

owner :-
(a) n written notice of the proposed work; and

(b) an estimate of the expenses to be incurred in

respect thereof and of the proportion of such
expenses payable by him.
(4) The owners for the lime being of the several premises
constituting n group or block, drained under sub-section
(11, shaIl be the joint owners of every drain constructed, i
erected or fixed, or continued far the special use and
'
benefit only of such premises, and shall in proportions in ,
which it is determined that the owners of such premises
arc to con tribure to rhe expenses incurred under sub-
section (I), be responsible for the expensesof maintaining
every such drain in good repair and eficient condilion:
Provided that every such drain shall from time to time be
flushed, cleansed and emptied by the Chief Officer and
the cost of such work may be recovered from [he owners
concerned.

253. Power to close or limit the use of drain in certain cases:-

Where a drai n connecting any premises with a municipal b i n is
sufficientfortheeffectualdrainageof such premises and is ohenvise
unobjectionable, but is not, in the opinion of the Chief OFficerof a
Municipality adopted to the general system of drainage i n the
municipal area, he may, by written notice addressed to the owner
of the premises, direct, -
( 290 )
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(a) that such dnin be closed, discontinued or destroyed and

that any work necessary for that purpose be donc; or

(b) that such dnin shall, from such date, as maybe specified
in rhe notice in this behalf, be used for sewage offensive
matter and polluted water only or for rain water and
unpolluted sub soil water only:
Provided r!mt, -
(i) no &din may be closed discontinued or deslroyed by the
ChieFOFfjcerunder clause (a), except on condition of his
providing another b i n equal1y effectual for [he drainage
of the premises andcommunicating with any municipal
drain, which he thinks fit; and

(ii) the expenses of consrrucrion of any drdin so provided by

the Municipality, and of any work done under clause (a),
m a y k paid out of Municipality Fund of the Municipality.

254. Use of drain by a person other than owner:-

) Any person desiringto drin his premises into a municipal
drain through a drain of which he is not an owner may,
with the prior approval of the Chief Officer of the
Municipality, make a private arrangement wirh rhe owner
for permitting his use ofrhe drain or Inay apply to the
Chief Officer for authority to use such drain or to be
declaredjoint owner thereof.
(2) Where the ChiefOFFicer ei ther on receipt of an application
under sub-scction (I), or olhenvise is of opinion that thc
only or the most convenient means of effectual drainage
of the premises into a municipal drain is through a drain
belonging to another person, the Chief Officer may, by
noticein writing, require theowner of such drain to show
cause within a period specifiedin the notice as to why an
order under this section should not be made.
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(3) Where no cause is shown within the speci Fiedperiod or

thecause shown appears to the Chief Officerinvalid or
insufic~ent,the Chief Officer, may, by an order in writing,
either authorise the owner of h e premises to use the drain
or declare him to be the joint owner of the premises to
use the drain or declare him to be the joint owner thereof.
i
(4) An order made under sub-section (2), may contain I

directions as to, -
(a) thepayrnentofrentorcompensationbytheowner
of the premises
(b) the construction of a drain for the premises for
the purpose of connecting with theaforesaiddrain:

(c) theenby upon the land in which (heaforesaiddrain

js situated with assistants and workmen at all
reasonable hours; and
(d) the respective responsibilitiesof the parties for
maintaining, repairing, flushing, cleaning and
I
ernptying the aforesaiddrain.

255. Obligation of owners of drains fo dlow use orjoint ownership

to others, -
'
Every owner of a drain connectedwith a municipal drain or other
place legally set apart for the discharge of drainage,shaIl be bound
to allow the use of i t to others or to admit other persons asjoint
owners thereof, as referred to in sub-section (3) of Sec~ion254.

256. Sewage and rain water drains to be distinct:-

Whenever it is provided in this Chapter that steps shall or may
be taken for the effectual drainage of any premises, it shall be
competent for the Chief Officer of a Municipality to require
that there shall be one drain for sewage, offensivematter and
pollu~edwater and an entirely distinct drain for rain water or
unpolluted sub-soil water or both rain water and unpolIuted
su b-soj 1 water, each emptying into separate municipal drains
or other sui table places.
( 292 1
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257. Power to require owner to carry out certain works:-

For the purpose of effjcient drainage of any premises the Chief
OFficer of a Munjcipality may be notice in writing, -

(a) require any courtyard, alley or passage between two or

more buildings to be paved by the owner or owners of
such buildings with such materials and in such manner, as
may be approved by the Municipality; or

@) require [helevel of such courtyar'd,alley orpassage to be

raised; or

(c) require such paving to be kept in-properrepair.

258. Special provision relating to trade emuent:-

Subject to the provisions of this Act and the regulations made
thereunder and of any other law for the time being in force, rhe
occupier of any trade premises may, with the approval of the
Municipality or, in so far as may be pennitled by this Act or the
regulations made thereunder or any other law for the time being in
force,without such approval, discharge into [he municipal drains
any trade eifluent proceeding from those premises.

259. Special provisions regarding drainage of trade emuent:-

Notwithstanding any thing contained in this Act or the regulations
made thereunder or any usage, custom or agreement, where in
the opinion of the Chief Oficer of a Municipality, any trade
premises are without sufficient means of effectual drainage and
treatment of trade effluent or the drains hereof, though otherwise
unobjectionable,are not adopted to the general drainage system
of the rnunicipal~&a, or the effluent is not of specified puri ly, the
Chief Oficer may be written notice q u i r e the owner or occupier
of such premises:- ,
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(a} to discharge the treated trade effluent in such manner, at
such times, through such drain and subject to such
conditions, as-maybe specified in the notice and to cease
to discharge the trade effluent otherwise than in
accordance with the notice.
i
(b) To purify the trade effluent before its discharge into a
municipal drain and to set up for purifying the tmdeeffluent
such appliances, apparatus, fittings and plant, as may be
speci fied in the notice.
(c) Toconstructadrainofsuchmateria1,sizemddescription
and Iaidat such level and accordingto such alignment and
with such fall andou~let,as may be specifiedin the notice.
(d) To alter, amend, repairor renovate any purification plant,
existing drains, apparatus, plant fitting or article used in
connection with any municipal or house-drain.

260. Position of cesspool:-

(a) beneathanypartofanybuildingorwithin
fifteen meters of any tank, reservoir, water-
course or well;
(b) upon any site or in any position in the municipal
area of a municipality, which has not been
approved by the Chief Officer of the
Municipality; or
(c) upon any site in any position outside the municipal
area, which has not been so approved and is
situated within ninety metersof any memoir used
for the stomge of wholesome water to be supplied
to the municipal area.

(2) The Chief Oficer may, at any time by written notice,

require any person within whose premises any cesspool
is constructed in contravention of sub-section (l), 10
remove such cesspool or to fill it up with such materid, as
may be approved by him.
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LatestLaws.com
261. Filth :-
(1) No person shall within the area of a Municipality construct
any house-drain, urinal or other receptacle, not being a
cesspool, for sewage or offensive matter within fifteen
metres of any tank, well or water-courseor any reservoir
for [he storage of water, unless he first satisfies the Chief
Officer of the Municipality that he will take such action,
as will prevent any risk of sewerage or offensive matter
passing by percolation or otherwise into such rank, well,
water course or reservoir.
(2) The Chief Officer may,a1 any time by a written notice,
requireanyperson within whosep~misesissituated,within
fifteen meters of any tank, well, watercourse or reservoir
for the storage of water, any receptacle mentioned or
referred to in subsection (I),to remove such receptacle.
(3) The provisions of this section shall also apply to any such
receptacle outside the municipal a m , which is constructed
or situated within fifteen meters of any reservoir used for
the storage of wholesome water to be supplied to the
municipal atea.

262. Constructionof septic tank and sanitary privies and urinals

in unscrewed areas :-
Subject to the provisions of section 263 and such regulations, as
may be made by the Municipality in this behalf, the Chief Officer
of the Municipality may, permit in any unsewered area, the
co~~structionof septic tanks and sanitary privies and urinals
connected with such septic tanks;
Provided that no such permission shall be granted unless in the
opinion of thechief OFfrcer, there is sufficientopen space available
forthe site of such septic tank;
Provided further that the disposal from septic tank shall be such
as not to pollute graund water;
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Provided further that the Chief Officer shall require that thereis
adequate supply of water in overhead reservoir constructed for
the purpose to flush the proposed privies and urinals.

263. Connection with water-works mains and drains not to be I

made without permission :- I
I
I
Without the written permission of the Chief Officer of a
Municipality, no person shall for any purpose whatsoever, at
anytime, make or cause to be made any connection or
communication wiih any drain referred to in section 244 or any ,

water-works or mainsconstructed or maintained by, or vested in,

he Municipality.

264. Buildings etc. not to be ermted or constructed without

permission:-

(1) Without the permission of the Municipality,no railway or ;

private street shall be constructed and no building, wall,
fence or olher structure shall be erected on any municipal
drain or on any water-works constructed or maintained
. .by,or vested in, the Municipality.
(2) If any railway or private street is constructed or any
building, wall fence or suucture erected on any drain or
water-works as aforesaid,without such permission of the -

Municipality, the Chief Oficer may remove or otherwise

deal with the same as he may think fit.

(3) The expenses incurred by the Chi-ef0 fflcer in so doing ' '

s h i l l be paid by the owner of the private street or of

the building, fence, wall or other structure or, as the
case may be, by the railway administration or the
person offending, and shall be recoverable as an arrears :

of tax under this Act.

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265. Rights of user of property for aqueducts, lines efc :-

(I) Thechief OfficerofaMunicipalitymay, placeand maintain
aqueducts, conduits and lines of mains of pipes or dnins
over, under, along or across any immovable propcrty
whether within or outside the local l irnits of the municipal
area of a Municipali ty without acquiring the same, and -
may at any time for the purpose of examining, repairing,
altering or removing any aqueducts, conduits or lines of
mains or pipes of drains, after giving a reasonable notice
of his intention so to do, enter on any pmperty over, under,
along or across which the aqueducts, conduits or lines of
mains or pipes or drains have been placed;
Provided that the Municipality shall not acquire any right
other than aright of user in the proply over, under, along
or across which any aqueduct, conduit or Iine of mains or
pipes, or drain i s placed.
(2) The powers conferred by sub-section (1). shall not be
exercisable in respect of any property vested in I he State
Government or under the control or management of the
Government of hdia or railway administration vested in
any lmal authority, save with the permission of the State
Government, or Government of India or railway
administration or the local authority, as the case may be,
andin accordancewith any repiations made in h s behalf:
Provided that the Chief Oficer may, without such
permission, repair,renew or amend any existing works of
which the character or position is not to k aItered, if such
repair,renewal or amendmentis urgently neoessary in order
to maintain without interruption, the supply of water,
drainage or disposal of sewage or is such that any delay
would be dangerous to health, human, life or property.
(3) In exercise of the powers conferred uporr him by this
section the Chief OFficer shall cause as little damage
and inconvenience, as may be possible and shall make
full compensation for any damage or inconvenience
caused by him.
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266. Power to authorize owner :-

(1) Ifir appears to the Chief OFficer of aMunicipalitythat the
on1y or most convenient means of water supply to, and ,
drainage of, any premises is by placing ar carryj ng any
pipe or drain over, under, along or across the immovable
property of another person, the Chief Officer may,by
order in writing, authorise the owner of the premises to I
place or carry such pipe or drain over, under, along or
across such irnmovabIeproperty:
Provided that before makrng any such order, the Chief
Officer shall, give to the owner of the immovable property, '

a reasonable opportunity of showing cause within such

time, as may be specified by regulationsmade in this behal F
as to why the order should not be made:
Provided further that the owner of the premises, shall not
acquim any right other than a right of user in the pmperty
over, under, along or across which any such pipe or d n i n I
is placed or carried.
(2) Upon the making of an order under sub-section (I), the'
owner of the premises may, after reasonabIe notice of hs
intention so to do, enter upon the immovable pm9perty
with assistants and workmen at any time between sunrise
and sunset for the purpose of placing apipe 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 shal I, -
(a) cause the pipe or drain to be placed or carried
with the least practicable delay;
(b) f i l l in, reinstate and make good at his own cost
and with the leasr practicable delay, any land
opened, broken up or removed for the purpose-
of placing or carrying such pipe or drain; and
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(c) pay compensalion to the owner ofthe immovable

property and to any othcr person, who sustains
damage by reasonof the placing or carrying of
such pipe or drain.
(4) Ifthe owner of the immovabfe propfly, over, under, dong
or across which a pipe or drain has been placed or carried
under this section, whilst such imrnovabIe property, was
not built upon, desi1.e to erect any buiIding on such
property, the Chicf Officcr shall, by notice in writing,
require the owner of the premises to lose, amoveor divert
the pipe or drain in such manner, as shall be approved hy
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 s m e :
Provided that no such requisition shall be made unless in
the opinion of thc Chicf Officer it is necessary orexpedient
for the construction of the proposed building or the safe
enjoyment hereof that the pipe or drain should be close4
removed or diverted.

267. Requirement to inform certain cases :-

If the Municipality desires toplace or carry any pipe or drain or
do any othcr work conr~ectedwith the water supply for drainage
across any rail way line, it shall inform the nilway administration.
who may execute the same at the cost of the Mllnicipality.

268. Power to execute work, -

(1) When under h e provisions of this Act, any person maybe
required or is liable to execute any work in relation to
walersuppIy, drainage and sewerage within the municipal
areaof aMunicipality, theChief OFficerof the Municipality
may in accordance with the provisions of this Act and of
,theregulations madc in this behalf cause such work to be
executed after giving such person an opportunity of
execuring the same within such time, as maybe specified
by him for this purpose.
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(2) The expenses incurredor likely to kincurred by thechief

Oficer in theex~utionof any such work, shall be payable
by the said person and the expenses incurred by the Chief
Officd in connection with the maintenance of such work
or the enjoyment of amenities and conveniencesrendered
possible by such work, shall be payable by the person or
person enjoying such arneni ties and conveniences.
(3) The expenses referred to in sub-section (2),shall be
recoverable from the person or persons liable herefor as
anarrears of tax under this Act.
269. Power to affix shafts etc. for ventilation :-
For the purpose or ventilating any drain or cesspool whether vested
in thcMunicipality or not, the Chief Officer of the Municipality
may,in accordance with the regulations made in this behalf, erect
upon any premises or a f i x to the outside of any building or to any
h-eeany such shaftor pipe, as may appear to him to be necessary.

270. Power to examine and test drains :-

(1) When: it appears to Chief Officer of a Municipality that ,
there are reasonable grounds for believing that within
Municipal area of a private drain or cesspool is in such
condition,as to be prejudicial to health or a nuisance or
that aprivatedrain,communicatingdirectly or indirectly
with a municipal drain, is so defective as to, admit sub-
soil-water,he may examine condition, and for that purpose
may apply any test other than'a test by water under:
pressure, and if he deems it necessary may open the
gmund.

(2) If on examination, the drain or cesspool is found to be in

proper condition, the Chief Officer shalI, as soon as
possible, reinstate any ground, which has been opened,
by him and make good any damage done by him.
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271. Employment of Government agencies for repairs, etc. :-

The Government may, for reasons to be recorded direct that any
specified work, repair, renewal or replacement, which is to be
undertakenby or forthe Munjcipality, shall kcarried out on behalf
of theMunicipality by IheGovemment.andMunicipalityshd1 pay
to the Government the charges therefor at h e rates and subject to
the terms For the time being applicable in case of works,
consbucted by the Government on behalf of a local authority.

' 272. Work to be done by licensed plumber :-

(1) The Municipality may grant license to any person
processing such technical qualificalions, as may be
prescribed to act as a Iicensedplumber.
(2) No person other than a licensed plumber, shall execute
any work described in Chapter 11 and Chapter IU of this
Part and no person shaII permit any such work to be
executed except by a I icensed plumber:
Provided that if, in the opinion of the Chief OEficer ofthe
Municipality, 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 licensedplurnber.
(3) Every prson who employs a licensed plumber to execute
any workshall, when sorequired, furnish to the Chief
OfFicer, the name of such plumber.
(4 When any work is executed, except in accordance with
the provisionsof sub-section ( I ) , such work shall be Iiable
to be dismantled at the discretion of the Chief Officer
without prejudice to the right of the Municipality to
prosecute under this Act the person at whose instance
such work has been executed.
(5) TheMunicipalitymay,makeregulationsFortheguidance
of licensed plumbers and a copy of all such regulations
shallbeattachedtoeverylicensegr~ntedtoapIumberby .
the municipality.
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(6) The Municipality may, from time to time, determine the

charges to be paid to licensed plumbers for any work
done by them under or for any of the purpose of the Act.

(7) No liccnsed plumber shall, for any work referred to in

sub-section (6),demand or receive more than the charges
determined therefor, under that sub-section.
(8) The Municipality shall make regulations providing for, -
(a) rhe exercise of adequate control on all licensed
plumbers;
(b) thc inspection of all works carried out by them;
and

(c) the hearinganddisposal of complaints made by

the owners or occupiers of premises with regard
to the quality of work done, material used, delay
in execution of work and lhe charges made, by n
licensed plumber.
(9) No licensed pIumber shall contravene any of the
regulations made under this Act or execute carelessly or
negligently any work under this Actor make use of bad
or inferior quality mzdterids, appliances of fittings.
(10) If any licensed plumber contravenes sub-section (91,his
license may be suspended or cancelled whether he is
prosecuted under this Act, or not.

273. Prohibition of certain acts, -.

(1) No person shall, -
(a) willfully obstruct any person acting under the
authority of the Municipality or the Chief officer
of the Municipality, in setting out the lines of any
works or puIl up or remove any pillar, post or
stake fixed in the groundfor the purpose of setting
out lines of such work, or deface or destroy any
works made of or the same purpose; or
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(b) willfully or negligently break, damage, turn on,

open, close, shut off or othenvise interfere with
any lock, cock valve, pipe, meter or other works
or apparatus klongngto the Municipality; or

(c) unlawfully obslruct the flow of, w flush, draw

off, ordivert or take water from any warer works
belonging to the Municipality or any water course
by which any such water-works is supplied; or

(d) unIawfully obstrucr the flow of, or flush,draw off,

divert or take sewage work belonging to the
Municipality or break or damage any eIectrica1
transmission line maintained by IheMunicipality:
or
(e) throw any material including plastic bags and
containers or waste of dairies, piggeries and
poultry farms into any municipal drain or sewer;

(0 obstruct any officer or other employee of the

Municipality in the discharge of this duties under
Chapter 11, Chapter ILI of this Panor refuse or
willfully neglect to furnish him with thc means
necessary for the making of any entry, inspection,
examination or inquiry there under in relation to
any water or sewage work; or

(g) bathe in, at or upon any water-works or wash or

throw or cause to enter therein any animal, or
throw any rubbish, dirt or Filth into any water
works so wash or clean therein any cloth, wool
or leather or the skin or any animal, or cause the
water of any sink or drain or any steam-engine or
boiler or any polluted water to turn or be brought
into any water-works, or do any other act,
whereby the water in any water-works, is fouled
or likely to be fouled.
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(2) Nothing in clause (b)of sub-section (I), shalI apply to a

consumer closing the stopcock fixed on the service pipe
supplying water to his premises so longas he has obtained , .
the consent of any other consumer whose supply will be
afferfcdthereby.
/
274. Sewerage charge and sewerage cess, - II

(I) The Municipality shall levy sewerage charges on the

owners of premises forconnection of premises to sewemge
mains at such rate, as the Government may, from time to
time, fix.

(2) Where the owner of any premises in a locality where sewer

is laid by the municipality has not takenconnection from
the sewerage mains, he shall be liable to pay h e sewerage
cess at such rate, as the Government may, from time to ,
time, fix: I

!
Provided that where the owner fai Is to pay the sewerage
cess, h e sewerage cess shall k realized from [heoccupier
and rhe occupier shall been entitled to m o v e r the amount
fromthe owner.

(3) The connecrion of premises to sewerage mains shall be

provided within a periodof one month from the date of
the receipt of the application from the owner of the
premises.

(4) The charges received by the Municipality from the owner

of the occupier, for connecting the premises to sewerage
mains shall be spent only for the works relating to the
sewerage system.
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275. Entrustment and maintenance of sewerage works and billing

and collection of sewerage works and billing and collection
of sewerage charges.
The Municipality may, with the piior approval of [heGovernment,
entrust the work of operation and maintenanceof sewerage works
in the municipal area and the work of billing and collecrion of
sewerage charges to any Government, statutory or private agency.

276. Municipal supply, sewerage and Drainage Code :-

(I) All private connections of premises to the service mains
of the Municipality for the suppIy of water there10 and ail
pipes, taps and orher water-fittings, used for such supply,
and a1 l drains, pipes and appurtenances thereto, shall be
made, maintained and regulated in accordance with and
subject to such rules, as may be made in this behalf, and
such rules shall form a p a t of a Municipal water Supply,
Sewerage and Drainage Code:

Provided that in making such rules, due regards shail be

given to the relevant codes relating to water supply,
sewerage and drainage and other matters related thereto,
published by the Bureau of Indian Standards, from rime
I
to time.

(2) The rules shall specify the requirements with which an

owner, or a lessee or an occupier of any premises who
desires to have a supply of water from the municipal water
works or toconnect to municipal drdin shall comply.
(3) he rules shall provide for inspection of premises by the
Chief Officer of a municipality to ascertain compliance
with the provisions of sub-section (1)and for testing any
water fittings, used in connection with water supplied by I
i
the Municipality.
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(4) Notwithstanding anything contained in sub-section (I),
sub-section (2) or sub-section (3), the Municipal Water
Supply,Sewerzige and Drainage Code shall include such
rutcs, as may be made from time to time relating to the
construction, mdntenance, repair and alteration of drains.
privies and urinals, cesspooIsand of appurtenancethereof
and any other matter covered by Chapter I1 or Chapter
U1 of this Pad.
277. Collection, removal disposal of solid wastes :-
For thc purpose of securing the eKicient scavenging and cleaning
of all sh-eels,public places and premises in the municipal area of a
Municipality, the MunicipaIity shaIl undertake the functions of
collection,removaI and disposal of solid wastes.
278. CIeaning ot'streets and removal ofsolid wastes :-
(I) The Chief Officer of a Municipality shall take measures
for securing,
(a) the surface-cleaning of all s m t s in the MunicipaI
area and remova1of sweeping therefrom;

(b) the removal of the comments of a11 receptacles

;md depots and of the accumulations at all places
provided or appointed by himunder the provisions
of this Act far the temporary deposit of rubbish,
trade refuse, carcasses of dead animals, tilth and
excrernenlitious and polluted matter;
(c) the removal of special wastes and hazardous
wastes and other solid wastes from hospitals and
other premises;
(d) removal of wastes generated by bulk producer
and from multisloried buildings.

(2) The ChiefOficer may, by pubIic notice, issuedirections

as lo the Lime at which, the manner in which, and the
conditions subject to which, any rnalter refered LOin sub-
sectian (I), may be removed along a street or may be
deposited or orher-wise disposed off.
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279. Provisions for appointmentof receptacles, depots and places

for rubbish, etc, -
(1) The Chief Officer of a Municipality shall :-
(a) provide or appoint in proper and convenient
situations within the municipal area of the
Municipality, public receptacfes. depots or places
for the temporary deposit of -
(i) rubbish
(ii) offensive matter
6ii> filth
(iv) trade refuse
(v) carcasses of dead animals
(vi) excrementitiousrnalter
(vii) plastics and plastic material
(viii) bio-medicaI waste
(ix) other polluted and obnoxious matters
!
And for the final disposal of such rubbish, offensivc matter,
filth, trade refuse, car-casses of dead animals,
excrementitious matter, plastics and plastic material, bio-
medical waste and orher polluted and obnoxious mattcrs;

(a) provide in the municipal area dustbins or the

temporary deposit of rubbish;

(6) provide vehicles or othcr suitablc means fort the

removal of rubbish and offensive matter; and

(c) provide covered vehicles or vessels for thc

renloval of rubbish, offensive matter, filth, trade
cefuse,caccasses of deadanimals,excrementitious
matter, plastics and plastic material, bio-medical
waste, and other poIluted matters.
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(2) Djf ferent receptacles, depots or places may be provided

or appointed for the temporary deposit or final disposal
of any of the matters specified in sub-section ( I ) .
I
(3) Thc Chief Officer shall make adequate provisions for 1
preventing receptacles, depots, dustbins, vehicles and i
vessels referred to in sub-section ( 1 ) from becoming 1
I
source of nuisance. I
(4) The Municipality may c o n s ~ c tacquire,
, o ~ n l emaintam,
,
develop or manage any garage or work, for proper
maintenance of vehicIe or vessels or means for removal
of solid wastes under sub-section(1).

280. Rubbish, etc., to be property of Municipality. -

All matters deposited in public receptacles, depots and places,
provided or appointed under section 279 and all matters collected
bythemunicipalemployeesorcon~c~orsinpursuanccofsection I
278andsection286,shaIlbethepropertyaftheMunicipality. 1
281. Appointment of places for disposal and frnal disposal of solid :

wastes : -
The Municipality may cause the solid wasres to be disposed of at
such place or places within or outside (he municipal area and in
such manner, as jt considers suitable:
Provided that no place, which has not been before the
commencement of this Act, used for the purpose specified in this
xused, except in conformity with the provisions of
section, shaIl t
the NagaIand Town and Country Planning Act, 1966 (Act No.4
of 1966), and any other law relating thereto for the time being in
fo~e:
Provided further that the solid wastes shall not be finally disposed
of in any manner i n which the same have not hereto before been
so disposed of or in any manner which the Governmentmay think
fit to dsallow.
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282. Provision of means for processing of solid wastes :-

The Municipality may, for the purpose of recei ving, sloring, treating,
processing and disposing so lid wastes or converting such solid
wastes into compost, R-cycling or generation or energy, consbuct
acquire,opente, maintain, develop, and manage any work within
or outside the municipal area.

283. Solid waste management :-

Subject lo the other provisions of this Chapter the Chief Officer
of a Municipality shall perform all the functions and manageall the
places or works related to collection, removal and disposal of
solid wastes accumulating in the municipal area.
284. Duty of owners and occupiers :-
(1) It shall be the duty of the owners and occupiers of all
premises in the municipal area, -
(a) to have the premises swept and cleaned;

(b) to cause all rubbish, offensivematter, filth, trade

refuse, if any, carcasses of dead animals,
excrcmentitious matter, plastics and plastic
material, bio-medical waste and other polluted
and obnoxious matters to be collected from their
respective premises and to be deposited at such
times, as the Chief Officer of the Municipality,by
pubIic notice specifics, in public receptacles,
depots or places provided or appointed under
section 279 for temporary depositor final disposal
hereof;
(c) to provide receptacles of the type andin the
manner directed by the Chief Officer for the
collection therein of all rubbish offensive matter,
filth, trade refuse, of any, carecasses of dead
animals, excrementitious matter, plastics and
plastic material, bio-medical waste and other
polIuted and obnoxious matters from such
premises and to keep such receptacles in good
conditions and repair.
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(2) The Municipality may for the purpose of colleclion and

deposit of rubbish, supply bags to the owners and
occupiers.

285. Collection and removal of fill h and polluted matter etc :-

It shall be the duty of the owners and occupierof eveq premises
situated in any podion of the municipal area in which latrine or
urinals are not connected by a drain with n municipal sewer or
drain, to cause all filth and polluted and obnoxious matter
accumulating upon such premises to be collected and rcmoved to
rhe nearest receptacle or depot provided for this purpose under
section 279 at such times, in such vehicles or vesseI, by such
route and with such precautions, as the Chief Officer of a
Municipajity may, by public notice; direct:
Frmidcdthar nothing in h i s section shall prevent Ihe Chef Officer
from taking any action in respect of such premises under section
289.

286. Collection and rernovai of filth etc., by Municipality, -

(1) W h e the~ Chief OEcer ofaMunicipality has given public
notice in m p t of any ponion of the municipal area of h e
Municipalitythat the collection,removal anddisposal ofdI
filh and p U u ted and obnoxious matter from latrines, urinals
and cesspools will l x undertaken by an agency of the
Municipality, it shall be IawfuI for the Chief Officerto take
measurcs for the dai I y collection,removal and disposal of
such filth and polluted and obnoxious matter from all
premises siluated in that portion of the municipal area:
Provided that in areas where the municipal drains and
sewers have been laid, the Chief Officer may, in
accordance with such scheme, as may be prepared for
such purpose or otherwise, by order, rcquire the owner
or the occupier, as the case may be, of any preriises to
convert the service privies or latrines to sani tary latrines
and such owner or occupier shall, comply with the order
of the Chiefofficer.
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(2) In such portion oft he municipal area and in any premises

wherever situated, in which there is a latrine or urinal
connected wilh amunicipal sewer or drain, it shall not be
lawful, except with the written permission of the Chief
OfFrcer, to discharge any of the duties of scavengers.

Removal of solid wastes accumulated on non-residential

premises:-
The Chief Officerof a Municipality may, if he thinks fit, -
(a) by written notice, require the owner or the occupier of
any premises used :-
as factory, workshop or for carrying on any !
manufacture; or
as a trade premises or shops or as a marker or
slaughter house; or
Cii) as a hotel, eating house, or restaurant; or
(iv) as a hospital or nursing home; or

(4
(vi)
as a warehouse or godown; or
as a piggery, dairy or poultry farm; or
I
(vii) as a place to which large number of persons
resort;or
in any other way as may k specified in the notice.
Where rubbish, offensive mater, filth, baderefuse,
special wastes, hazardous wastes or
excrementitious matter, plastics and plastic
material, biernedicalwaste and polluted matters,
are accumulated or are likely to accumulate in
large quantities, to collect such matters
accumulating thereon and to remove the same at
such time and in such trailers or receptacles and
by such routes, as may be specified in the notice,
to a depot or place povided or appointed by the
Municipality for the purpose; or
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(b) aftergivingsuchowneroroccupiernoticcofhisintention,
cause all rubbish including building, rubbish, offensive
matter, trade refuse, special wastes, hazardous wastes of
excrementitious rnaner, plastics and plastics materials,bio- ,
!
medical waste and polluted matter accumulated in such :
premises to be removed and charge the same owner or
occupierfor such rcmovaI such fee as may, subject to the
rates determined by the Municipality,by specified in the
notice issued under clause (a) :

Provided that no rate shall be less than such unit cost of

removal of solid wastes (including the cost for debt
servi,;,,l,o, depreciation and othercha~es,
if any, of vehicle
or vessels or mans for removalj as the Municipality may
determine from time to time; or

(c) by written notice, require the owner or the occupier of j

any premises referred to in clause-(a) to provide
receptacles or trailers or other means on such premises
constructed from such materialsandof the type and in Ihe
manner specifiedby the Chief Officer for the collection
therein of all rubbish including building rubbish, offensive
matter, filth, mde refuse, specialwaste, hazardous wastes
or excrementitious matter, plastics and plastic materials,
bio-medical waste and pol luted matters, accumulating in
the premises; or

(d) bypublicnoticequireanypersoncarryingonanytrade
or businessin amannerlhat ac~umula~srubbish,offensive
matter, filth, trade refuse special waste, hazardous wastes
or excrementitiousmatter, plastics and plastics materid,
bio-medical waste and polluted matters, to pay such cosls
for removal of the same, as the Municipality may incur in
this regard.
(312)
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288. Prohibition against accumulationof rubbish, etc. :-

(I) No owner or occupier of any premises shall keep orallow

to be kept for more than twenty-four hours or otherwise
than i n a receptaclc approved by the Chief Officer of a
Municipality, any rubbish, filth and other pollutedand
obnoxious matter on such premises or any place belonging
thereto or neglect to employ proper means to remove
such rubbish, filth andotherpolluted andobnoxiousrnater
from, or to cleanse, such receptacle and to dispose of
such rubbish,fiIh and other pollukd and obnoxious rriatter
in the manner directed by the Chief Officer, or fail to
comply with any q u i s i tion ofthe Chief Officer as to h e
construction,repair, pavement or cleansing of any latrine,
or urinal or belonging to the premises.

(2) No owner or occupier shall allow the water of any sink,

drain, latrine, or urinal or any rubbish, filth and other
polluted and obnoxious matter to run down on or to, or
be thrown or put ;pan, any street or into any drain in or
along ihe side ofany stmtexceptin such manner, as shall
prevent any avoidable nuisance from any such water,
rubbish filth or other polIuted and obnoxiousmatkr.

(3) No person shall, after due provision has been made in

this respectunder the foregoing provisions of h i s Chapter
for the deposit and removal of the same, -

(a) deposit any rubbish, filth and other polluted and

obnoxiousmatter in any street or on the verandah
of any building or on my unoccupiedgnxmddong
the side of any street oron the banks of a water .
course; or
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(6) deposit any filth or otherpolluted and obnoxious

matter in any dustbin or in any vehicle not intended
for the removal of the same; or 1:
(c) deposit rubbish i n any vehicle or vessel not 1
intended for the removal of filth and other polluted i
and obnoxious matter. !
289. Power to get places cleansed :-
If any street or public place under the control of the Government
or any statutory body, or any premises to which large number of
persons resort to, is not properly or regularly scavenged or is, in
the opinion of the Chief Officer of a Municipality,in a fiIthy and
unwhoIesome condition,the Chief Officer may, by written notice,
q u i r e the owner or the acupier to do the scavengingorcleansing
or may cause scavenging or cleansing to be done and the cost of
such scavenging or cleaning shall be recovered From the owner or
the occupier thereof. ' i
I

290. Not to sanetion building in certain cases :-

(1) The Municipality may, by reguIations, determineany class
or classes of buildings in the cases of which, any buiIding
plan shall not be sanctioned, except in conformity with
theregulationsmadebytheMunicipalityforconstruction ,-

on the premises of receptacle for temporary deposit of

solid wastes.

(2) The Municipality may, by regulations,determine the types,

materials of construction or designs on the basis of which
such receptacles, trailers or other means for removal of
solid wastes may t>e constructed and where these may be
located in any premises, and the person applying for
sanction of building plan, shalI be bound to construct the
same accordingly.
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(3) Without prejudice to the generality of the foregoing

provisions, the Municipality shall by regulations specjfy
the requirements for receptacles, tniIers or other means
for removal or for temponry deposit of solid wastes in
premises used as, -
(a) markets; or
(b) hotels or restaurants or
(c) hospitals or nursing homes or pathological
laboratories; or

(d) factories registered under the FactoriesAct, 1984

(Central Act 63 of 1948); or

(e) building with a height of eighteen metres or more.

291. Deposit of any solid in co'ntraventionof the provisions of

this Act, :-
No person shall :-
(a) deposit or throw or cause or permit to be deposited or
thrown any solid waste on or in any place in contmvention
of the provisions of this Act, and the regulations made
thereunder,

(b) cause or knowingly or negligently allow the contents of

any sink, seweror cesspool or any other offensive matter
to flow,drain or be put upon any street or public place, or
into any irrigation channel or sewer or drain not set apart
for the purpose:
(c) make or cause to be made, or alter or cause to t>e altered,
any drain leading into any of the sewers or drain vested in
the Municipality. ,
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LatestLaws.com

PART - VI
LAND USE AND DEVELOPMENT CONTROLS OF
PUBLIC PLACES AND STREETS.

CHAPTER -I
292. Vesting of pu blic street in Municipality : -

(1) All public streets and parking areas in the municipal area .
of a municjpalily including the soil, subsojl, stones, others
materials, side-drains, footpaths, pavements, sub-ways
and over bridges and all erection, implements and trees
and other things provided therein, shall vest i n the
Municipality constituted for that municipal area:
Provided that no public street in a municipal area, which 1
immedately before the commencement of thrs act, vested
in the Government or in any statutory body shall, unless
so directed by the aurhority competent to take a decision
in this behalf, vest in the municipality constituted for
municipal area by vinue of this sub-session.

(2) The Government may, subject to such terms and

conditions,as it may determine, by notification, -
(a) rransfertoanyMunicipaIi~yanypublicstreet,
parking area park or garden belonging to the .
Government: or

(b) take over from m y municipality any public s e t ,

parking area, park or garden; or

(c) transfersuch public street, parhng area, park or

garden so ~akenover to any statutory authority
or any agency public orprivate;
(3161
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for a limited period for thc purpose of proper

maintenance and development of such pubIic
street, parking area, park or garden by such
Municipality, the Government or such statutory
body or agency, as the case may be.

(3) TheMunicipality shdl maintain a register in such form and

in such manner, as may be prescribed and such register
shaII separately include a list of all public streels vested in
the Municipality or in such other statutory bodies.

293. Functions of Municipality in respect of public streets etc. :-

1 TheMunicip;:i ty shall cause all public streets, parking area,
squares, sub-ways, over bridges, parks and gardens
vested in it to be developed, maintaincd, controlled, and
regulated in accordance with this act and regulations made
in his behalf.
(2) The Municipaliry shall from time to time cause all public
streets vested in it to be Ieveled, metalled, pavcd,
channeled, altered or repaired and may widen, extend or
otherwise improve any such street or cause he soi 1 thereof
to be raised, lowered or altered or may place and repail;
fences and posts for the safety of pedestrians.
(3) The Municipality shall, from time to time, cause various
items of streets f u r n i m including guardrails,trafic lights,
traffic signs, s~reetmarkings, median strips and such other
items to be installed or done and shall cause the same to
be maintainedso as to ensure public safely,convenience
and expeditious movement of tmffic, includng pedeshian
M1c.

294. Municipal streets Technical Committee: -

(1) Municipal Council or aTown Council, as the case may
be, shall constitute a Municipal strects Technical
Committeewith not less than 3 members.
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(2) In condition to the members elected in sub-section (I),
the MunicipaI Streets Technical Cornminee shall have five
other mem k r s , name1y :-

(a) he chief Officer of the Municipality who shall be I

1:
the Convenor member of the Committee; I

(b) ~PoliceOKicer,notbelowtherankofaDepury
Superintendentof Police, to k nominated by the ,
senior Superintendent of Police of the district
concerned;

(c) the Municipal Fire Officer of the Municipality or

Fire Officer of the State Government having
jurisdiction in the municipal area;
(d) theMunicipaIEngineeroftheMunicipality;and
(e) the Municipal Town Planner, and where there is
no such Municipal Town Planner or Regional
Town Planner having jurisdiction in that municipal
area.
(3) ThetermoftheMunicipalStreetsTechnicalComrnittee
shall bc one year from the date of its constitution and the
new Municipal Streets Technical Committee shall be
constituted before the expiry of the term of h e existing
Municipal Streets Technical Committee;
Provided that an elected member shall not eligible for
election of member of the Municipal Streets Technical
Committee for more than two terms:
Provided further that the existing Municipality Streets
Technical Committeeshallcontinue to function till the new
Municipal Streets Technical Cornmiltee i s constituted.
(4) TheMunicipalStreetsTcchnicalCommitteeshallmeetat
lest oncp in a month.
(315)
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The Municipal SketsTechnical Committee shall, in order

to secure the expeditious, convenient and safe movement
of traffic, including pedestrian traffic, and suitable and
adequate parking facilities on and off the public streets,
and with due regard to,-
(a) the desirability of securing and maintaining
reasonable access to premises;
(b) (he effect on the amenities of any locality affected;
and
(c) anyotherrelevantmatterreferredtojtbythe
Municipality. aid, advise and assist, the
Municipality in Lhe followingmanners name1y :-
(i) classificationof public s m t s and specificationof
width thereof;
i prescrjption of regular line of street;
(iii) regulation of abutting land uses;
(iv) regulation of hffic;
(v) designation of on-street parking areas;
(vi) allmationof rights of wily forunderground uti Iities;
(vii) placement of street furniture;
(viii) placement of aulhorized fixtures on streets,such
as electric and telegraph poles, post boxes,
telephonejunction boxes. Sheds for buses, milk
booths and the like;

(i) opening of new public streets;

(x) permanentor temporary closure of existing public
s h ets;
(xi) declaring private streets as public streets, and
(xii) any other matter that may be referred to it by the
Municipality.
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6 The Municipal slreets Technical Committee shall, while

making any recommendationto the Municipality on any
matterconform to themaster plan or any scheme specified '
in section 371or any otherdeveloprnent and improvement
scheme prepared by any competent authority under any I
law in force for the Lime being and shall take inlo account
such plans, proposals, surveys, studies and supporting
technical dab onsuch mattcr, as mightbe in the possession :
of the Municipality or any planning or development
I
,

authority or any Department of the Govemmcnt or any

such competent aulhority.
(7) Thc Municipal StreetsTechnical Committee may call for
any paper, document, map or data from any Municipality
or any planning and development authority or any
Depiment of the Governmentor any competent aulhority
and thereupon it shall be the duty of such authority or
~ e p m e t nto comply with such requisition.

(8) TheMunicipalityshallconsidertherecommendationsof
i
'

the MuoicipalStreetsTechnical Committee and take such

decisions thereon as i t thinks fit after taking into account
plans, proposals, surveys, studies, schemes and
programmes, if any, referred to in sub-section (6)
(9) Lf any doubt, arises as to whether the decision taken under
sub-section (S), is i n conflict with any plan, scheme or ,

programme of any competent authority under any other

law in force for the time king, the matter shall be referred
to the Government. whosedecision thereon shall k final.

295. Rights or way for underground utilities :-

Subject to h e provisions of the Indian Telegraph Act, 1885(Act
13 of 1885), the Indian Electricity Act, 1910 (Act 9 of 19101,
and such orher Act, as may be notified by the Govemment for the
purpose of this section, the Government may by rules provide for
the following, nameIy :-
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(a) he sanction by the ~ u n i c i ~ atyl o

if speci fic rights of way
in the subsoi I of public and private srreek in my municipal
area for different public u~ilitiesincluding electric supply,
telephone or other ~elecommunicationfacilities, gas p i p ,
water supply, seweraze and drainage, and underground
!
rail system, pedestrian subways, shopping plazas,.
Warehousing facilities and the apparatus and
appunenances related rhereto provided by Governmenr.
any statutory body or any licensee under any of the above
mentioned Acts;

@) the levy of any fee or charges permissible under any o f I

the above mentionedAct; 1

(c) the furnishing lo the Municipality of maps, drawings and
statemcnts, which shall enable it to compiIe and maintain
the precise records of the placement of the underground
utilitiesinhemunicipalarea; '

(d) h e fixingof time limit forexecution forof workandimposing

such conditions in [his respect, as the Municipality may
consider appropri ate; and

(e) the imposing of penalty in case of delay in t hecompletion

of work.

296; Maps of underground utilities. -

The Chief Oficer of the Munjcipdity shall, cause t o ' k miintained
complete survey maps, drawings and descriptions of all the
underground utilities in the municipal m a ofthe Municipality, and
of maps of fire hydrants and sewerage man-hoIcs in such form
and in such manner, as may be prescribed and shall, ensure the
secrecy of the same in conformity with the provisions of the Official
Secrets Act, 1923 (Act 19 of 1923).
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297. Power to make new public streets :-

The Municipality may, at any time,-
(a) lay out and make new public streets; and
(b) construct bridges and sub-ways; or

(c) turn or divert any existing public street; or

(d) lay down and determine the position and direction of a :
street or streets in any part of the municipal are
notwithstanding that no proposal for the erection or any
building in its vicinity has k e n received; or
(e) declare any street, made and duly executed either under
any scheme specified in section 37 1or any development
or improvement scheme in pursuance of the provisions of
any law for the time being in force or by any olher statutory
body, to be a public street; or

(fj declare any private street to be a public street; or

Ig) define the regular line of a streer or streets.

298. Minimum width of new public streets.-

No new pu bljc street made or declared under this Chapter, shalI
be less than ten meters in width, including the foorpath:
Provided that such widlh may be reduced by the Municipality for
reasons to be morded in writing, but h e widlh shall in no case be .

less than six meters.

299. Power to acquire lands and buildings for pubIic streets and
for public parking places :-
The Municipality may, subject to the other provisions of
this Act,-
(a) acquire any land required for the purpose of opening,
widening, extending or otherwise improving any public
street, or of making a new one, together with any building
standing upon such land;
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(b) acquire, in relation to any land or building as aforesaid,

such and with building, if ally, thereon outside the regular
line or the projected regular li ne of such public street; and
(c) acquire any land for the purpose of laying out or making a
public parking place.

300. Permanent closure of pubIic street :-

The Municipality may ~rrnanentlyclose the whole or any part of
a public street in the public interest or for the purpose of carrying
out the provisions of this Act:
Provided that kfore closing of such public skeet, the Municipality
shall, by notice publish in the manner specified by regulations,
give reasonable opportunity to the residents l j kely to be affected
by such closure to make suggestions and objections with respect
to such c l o s u and
~ shall considcr all such suggestionsor objections
which may be made wirhin one month from h e &te of publication
of the said notice.

301. DisposaI of land forming site of public street

permanently closed:-
Whenever any public s a t or a part thereof is permanently closed
under section 300, the site of such street or any portion [hereof,
may be disposed of as land vested in the Municipality.

The Chief Officer of a Municipality may, temporarily close the

whole or any part of a public street to permit development and
maintenance work,nnd may authorise such closure for other
purposes for any period not exceeding fifteen days.

303. Closure of public street for parking purposes and levy of

parking fee :
(1) The Municipality may, close any portion of a public street
and declare i t as a parking area.
( 323 )
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(2) Parking fees at differentrates for different Lypes of vehicles,

for dirferen t ilreas, for different time of the day, and for
differentduration, may be levied at such rates, as may be
determined by the Municipality by regulations.

304. Power to prohibit use of public streets for certain kind of

-
traffic.
(1) The Municipality may, -
(a) prohibit or regulate, either temporarily or
permanently, vehicular traffic in any public s a t
or any podion thereof so as to prevent danger,
obstruction or inconvenience to public or to ensure
quietness in any locali~y;
(b) pinohibit, in respect of a public street or a podion
thereof, the transit of any vehicIe of such type,
form, construction, weight, emission or size,or of
any vehicle laden wi ~h such heavy or unwieIdy
object, as is like1y to cause injury to the roadways !
'
or any consLruction thereon, or of any vehicle on
[he ground of public convenience,except under
such conditions as to time, mode of traction or
locomot ion, use of appliances for the protection
of roadways, number of lights and assistant, and
other gcneral precautions and upon the payment
of such charges as may be specified by the
Municipality generally or specificdly ineach c w ;
(c) pmhibit,alalltimesorduringanyp~cularhours,
entry from or exit to premises of vehicular traffic
from any particular public street carrying such
traffic.
(2) Any notice of prohibition under su b-section (11, shall, if
such prohibition applies to any particular public street, be
pasted in conspicuous places at or near the both ends of
such public street or any poflion thereof to which such
prohibition applies or, if such prohibition applies genedly
to all public streets, be advertised.
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(3) Notwithstanding anything contained in sub-section (I),

the Municipality may declare, by public notice, rhak any i
pedestrian pathway or a portion thereof shall be used as
bicycle and pedestrian track. i
(4) The notice referred to in sub-sec~ion(31, shall be pasted
in conspicuous places or near both ends of such public
street of any portion thereof to which the provisions of
sub-section (3) apply.

305. Regular line of a street. -

(1 The Mun icipali ty may, with due regard to the minimum
widths specified for various categories to streets including
the footpaths abutting the same,define the regular line on
one orborh sides of any public street or portions thereof
in accordance with reguIalions made in this behalf and
may, =define at any time any such regular line:
Providcd that, before defining or redefining, as the case
may be, the Municipality shal I, by public notice, afford a
reasonable opportunity to the residents of premises
abutting on such public street to make suggestions or
objections with respect to the proposed defined or
ii
redefined line to the street and shall consider all such
!
, sugg&tions or objections,which may be made within one I
month from the date of publication of such notice:
Provided further that the street alignment of any public
street operative under any law in any part of tlie municipal
area immediately before the commencement of this Act,
shall be deemed to be a regular line, defined by the
Municipality under this subsection.
(2) The line for the time being defined or redefined, shall be
called the regular line of the street.
(3) No person shall conshuct or reconstruct any building or a
portion thereof or any boundary wall or other structure
whatsoever within the regular line of a street.
( 325 )
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(4) TheChiefOfimrofaMunicipalityshall,maintaina~egister
containing such particulars, as may be specified by the
Municipality 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 Chief Officer
may deem necessary.
(5) Allsuch~gistersshallkopentoinspectionbyanype~on
on payment of such fee, and any extract therefrom may
be supplied on payment of such charges, as may be
determined by theMunicipalityby regulations.

306. Setting back building to regular line of street. -

(1) If any part of a building abutting on a pubIic street is within
the regular line of the s a t , the Municipality may, whenever
it i s proposed, -

(a) to repair, rebuild or construct such buildng or to

pull down such building to an extent., measured
in cubic metre exceeding one-half thereof above
the ground level; or
(b) to repair, remove, construct or reconstruct or
make any additions to, or structural alterationsof
any portion of such building, which is within the
regular line of the street,
by an order as respects the additions to or
rebuilding,conshction, repair or alterations of
such building, require such building to be set back
to the regular line of such street.
(2) Whenanybuildingormypartthereofwithintheregular
line of a pubIic street falls down or is burnt down or is,
whether by reason of any order of the Municipality or
otherwise, pulled down, the Chief Officer of the
Municipality may forhwith take possession, on behalf or
h e Municipality, of the portion of the land wihin the regular
line of the street hereto fore occupied by such building
and, if necessary, cIear the same.
( 326 1
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(3) Land acquired under this section,shall be deemed to be a

part of the public street and shall vest in the Municipdi ty.
r

307. Compulsory setting back of building of regular

line of street :-
(I) Whereany building or any part thereof is within the regular
line of a public street and in the opinion of the Municipality,
it is necessary to set back building or a part thereof to the
regular Iine of such street, the Chief Officer of the
Municipality shall, by a notice served on the owner of
such building in accordance with the provisions of this
Act, require him to show cause within such period, as
may be specified in the notice as to why such building or
part thereof, which is within the regular line acquired by
the Municipafity.
(2) If the owner fails to show cause as required under sub-
section (I), the Chief Officer may, with the ap roval of
P
the Municipality, require, the owner by another notice ro
be served on him in such manner, as may be prescribed,
to pull down the building or part thereof, which is within
the regular line of the s t m t within such period, as may be
specified in the notice.
(3) If within such perid the ownerof the building fails to pull
down the building or part thereof as required under sub-
section (2), the Chief Officer may, puII down the same
and all the expenses incurred in so doing, shall be paid by
the owner and be recoverable from him as an arrears of
tuunder this Act.

308. Setting forward of building to regular line of street :-

The Municipality may, upon such terms as it thinks fit, allow any
building to be set fornard forthe purpose of i mproving the ~egular
line of a public street and may require any buildrngto be set foward
in the case of reconstruction thereof or of a new construction.
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For the purposes of this section, a wall separating any premises

from a public street, shall be deemed to be building; and it shall be
deemed to be a sufficient compliance with permission or the
requirement to set forward a building to the regular line of a street,
if a wall of such materials and dimensions,as are approved by the
Municipality, is erected along such line.

309. Acquisition of open land and land occupied by platforms,

etc. within the regular line of street :-
If any land, whether open or encIosed, not vested in the
Municipaliry andnot occupied by any building is within the regular
line of a public s m t or if any platform, verandah, step, compound
wall, hedge or fence or some other structure, authorized or not,
external to a building abutting on a public street or a portion of
such platform, verandah step, compound walI, hedge, fence or I

other structure is within the regular line of such street, the Chief '
Officer of the Municipality, with the prior approval of the ;
Municipality may, after giving the owner of such land or building, ,

not less than seven clear days notice of his intention so to do, take :

possession on behalf of the Municipality, of such land with its

enclosingwall, hedge or fence, if any, or of such platform, verandah,
step, compound wall, hedge, fence or other structure or of any
portion thereof within the regular line of the public street, and if
necessary, clear the same and the land so acquired shall thereupon
be deemed to be a part of the public street and shall vest in the
Mmiciwty :
Provided that where the land or the building is vested in the State
Government or the Central Government or any agency thereof,
the Chief Officer shall not take possession thereof without the
previous sanction of the State Government or the Central
Government, as the case may be.
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310. Acquisition of remainingpart of building and land :-
(1) Where a land or building is partly wilhin the regular line of
a public street and the Municipality is satisfied that the
landremaining after the excision of the portion wirhin such
line, will not be suitableor fit for any beneficial use, it may,
at the request of the owner, acquire such land in addition
to the land within such line and such surplus land shall be
deemed to be a part of the public street and shall be vest
in the Municipality.
(2) Such surplus land may, thereafter, be utilized for the
purpose of setting forward a building under section
308 or any other purpose, which the Municipality may
deem fit.

311. Compensations in certain cases :-

(I) Compensation shall be paid by the Municipality to the
owner of any buildings or !and acquired for a public street
under the provision of sect ions 306,308, and 309 for
any loss, which such owner any, sustain 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 Municipality.
(2) If in consequence of any order to set forward a building
the owner of such building sustains may loss or damage, !

compensation shall be paid to hm by the Municipality for

such loss or damage.
(3) Ifthead&tional~md,whi~hwil~kincludedin~hepremises
of any person required or permitted under sub-section
(21, to set forward the building klongs to h e Municipality,
,theorder or permission of Ihe Municipality 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
Municjpality by the owner for such additional land and
theothertemsmdconditionsoftheconveynnceshallbe '

set forth in the order or permission.

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(4) If, when the Municipality requires any building to be set
for award, the owner of the building is dissatisfied with
the price, fixed to he paid to municipaIity or with any of
the terms or condi tions of conveyance,the Chief Officer
of theMunicipality shall,upon theapplicationof theowner
at any time with in fi fleen days after the said terms and
conditions are communicated to him, refer the case for
the determination for thecourt of the Principal Judge of i
Uledishct havingjuisdiction,whosedecision Ihemnshall
be final.

312. Leveling and draining of private streets :-

(I) If any private street or part thereof is not Ieveled, paved,
metalloid, flagged, channeled, seaward, drained,
consemed or lighted to the satisfaction of theMunicipality,
it mi,by awritren notice,quire, the owners of h e such
street or part thereof and the owners of the lands and the
buildingsfronting or abutting on such s e t or part thereof,
to carry o u ~any work which, in the opinion to the
Municipality, may be necessary and within such times, as
may be specified in such notice.
(2) If the work is not carried out within the time specified in
h e noticethe Municipdity may, if it thinks fit, get the work
executedand the expensesincurred for the purpose, shall
be paid by the owners referred to in sub-section
(1) l n such as may be delemined by the
Municipality by the Municipal i tyhand shall be
recoverable for them as an arrears of tax under
this Act.

313. Right ofowners to require streets to be declared public :-

(1) If any street has been levelled, paved, metal led, flagged,
channelled,sewed, drained, conserved and lighted under
section 321 to the satisfaction of the Municipality, the
Municipdity may, and, on the requisition of a rnjority of
the owners referred to in sub-section (I) of that section
shall decIare such steet to be a public street and thereupon
the street shall vest in the Municipality.
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The Municipality may ar any time, by notice fixed up in

any street or part thereof, not maintainable by the
Municipality but which has a l ~ a d been
y levelled,paved,
metal led, flagged, channeIled, dnined, sewered, conserved
and lighted to the salisfaction of the Municipality, give
intimation of its intention todeclare he same a public s-t,
and unless within one month, next after such notice has
been so put up, h e owneror any one of the several owners
of such street or such part of a street, lodge objection
thereof at the o f i c e of the Municipality, the Municipality
may, by notice in writing, put up in such street or such
part, declare the same to be a public street vested in
Municipality.

314. Prohibition of projections :-

(1) Except as provided in section 3 15, no person shalI erect,
set up,add to, or place against or in front of any premises
any strucmreor fixture which will -
(a) .overhang,just or project into or obstruct in any
way the safe or convenient passage of the public
along, any street; or
(b) Put or project into any drain or open channel in !
any street so as to interfere within any way the
use or proper working of such drain or channel
or to impede the inspection or cleaning thereof.
(2) The Chief Oficer ofthe Municipality may, by a written
!
r any premises
nolice require the owner or the ~ c u p i e of I

to remove, or to take such other action, as he may direct

in relation to any structure or fixture, which hasbeen
erected, set-up, added to or placed against or in front of
such premises in contravention of Chis section.
(3) If the occupier of such premises removes or alters, any
slructure or fixture in accordance with such notice, he
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shall be entitled, unless Lhe s w c ture or fixture was e mted,

set up or placed by himself, to credi t into account with the ,
owner of such premises for all reasonable expenses
incurred by him in complying with h e notice. 1
-
I

315. Permission of projection in certain cases: - 1

The Municipality may give permission, on such terms and on -

payment of such fw, as it thinks fit, to the owner or occupier of

the building in a street, -
(a) to erect an m a d e , over such s m t or any portion thereof;
or
(b) to put up averandah, balcony, arch, connecting passage,
sun shade; weather frame,canopy, lawning or other such
structure of things projectingfrom any storey over or
across any street or portion thereof :
I
p~vi~hat(he~unicipalitymayatmytimebyawrin 1
notice require the owner or occupier of any building to 1
remove a verandah, balcony, sun shade, weather frame
or the like put up in accordance with the provisions of any
law for the time being in force and such owner or occupier
shall be bound to take action accordingly and he shall
also be entitled to reasonable compensation for the loss
caused to him by such removal and the cost incurred
thenin.

316. Ground floor doors, etc not to open outwards on street :-

The Municipality may, at any time, by a written notice, q u i r e the
owner of any premises on the ground floor of which any door,
gate, bar or window opens outwards upon a street or upon any
land required for the improvement of a s m t in such manner, as is
likely to obstruct the safe or convenient passage of the public
along such street, to have such door, gate, bar or window altered
so as not to open outwards.
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317. Prohibition of structures or fixtures :-

(I) No person shall, except with the permission of the Chief
Officerof the Municipality granted in this behalf, erect or
set up any wall, fence, mil, post, srep, booths or other
structurc, whether fixed or movable or whether of a
permanent or temporary nature, or any fixture in or upon
any srreet or upon or over any open channel, drain, we1I
or tank in any street so as to form an obstruction to, or a
projection over or to occupy, any portion of such street,
channel, drain, we11 or tank.
(2) No person shall, except with the pem~issionof Lhe Chief
Officer and on payment of such fee, as the Chief Officer
in each case thinks fit, place or deposit upon any street,
or upon any open channel, drain or well in any street or
upon any public place, any stall, chain, bench, box,ladder,
bale or other thing whatsoever so as to form as obsbuction
thereto.

(3) Nothing in this section shall apply to any erection or thing

to which clause (c) of sub-section ( I ) of section 322
applies.

318. Special provision regardingstreets belong to Government: -

(1) Notwithstanding anythingcontained in section 308,3 14,
or 3 15 or any regulations relating to streets and subject to
any general or special order that the Government may
make in this behalf, if any street is vested in the
Government -
(a) the Municipalityshall not in respect of such street
grant permission to do any act, the doing of which
without irs written permission would contravene
the provisions of section 314 or section 3 15 or
allow any building to be sct forward under the
provisions of section 308,except with the sanction
of thc Government,which may k given in respect
o f a class of cases generally or in respect of a
particular casc; and
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@) the Municipality shall, if so required by the

Government exercise the power conferred upon
i t by section 308,3 15 or 3 16 or any regulations
relating to streets in respect of any encroachment
or changing structure on or over such street or !
by materials, goods or articles of merchandise
l'
t
deposi tedon such street. I
(2) In the case of road vested i n [he Srate Government and
passing lhmugh the municipal m a , the MunicipalityshalI
have control over such roads in so far as permitting of
remporary occupation thereof and removal of
encroachments therefrom, are concerned, but the
maintenance of such roads will remain with the State
Government.

319. Power to remove anything erected etc :-

The Chief Officerof a Municipality may, without notice, cause lo
be removed, -

(a) any shall, chair, bench, box ladder, bale, boad or shelf,
or any othcr thing whatsoever placed, deposited, I
projected, attached, or suspended in, upon from or to
any place in contravention of the provisions of this Act;
and.
(b) Any article whatsoever hawked or exposed for sale on
any public place or in any public street or footpath in
contravention of theprovisionsof his Act and my vehicle,
package, box, board, stall or any other thing in or on
which such article is placed or kept for purpose of sale,
display or otherwise.

320. Prohibition of tethering of animals etc :-

(I) No penon shall tether any anjmill or cause or permit any
animal to be rethered in any; public street.
(2) No person shall milk or cause orpermit to be milked any
cow or buffalo or other animal in any street.
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(3) Any animal tethered or any cow or buffalo or other animal

found being milked as aforesaid in any street, may be
removed by the Chief Officer of the Municipali ty or any
. officeroremp!oyee of [heMunicipality authorizedby it in
this behalf and be impounded and dealt with under the
provisions of the Nagaland Cattle-trespassAct, 1985.

321. Precautions during repair of streets: -

(1) The Municipality shall, so far as is practicable during the
constructionor repair ofany public s ~ mor t any municipal
drain or any ~rzrnisesvested in the Municipality, -

(a) cause the same to be fenced and guarded;

(b) take proper precautions against accident by

shoring up and protecting the adjoining buildings;
and
(c) cause such bars, chains,.or posts ro 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
vehicle or animals and avert danger.

(2) The Municipality shdI cause such smt, drain or premises

to be sufficiently lighkdor guardedduring night while undcr
construction or repair.
(3) n e Municipali ty shall, with all reasonable speed, cause
such work to be completed, such ground to be filled in,
such street, drain or premises to be repaired and the
rubbish occasioned thereby to be removed.

(4) No person shall, without the permission of the Chief

Officer of the Municipality or to the lawful authority
remove any bar, chain, post, or shoring timber, or remove
or extinguish any light set up under this seclion.
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322. Streets not to be opened or broken up without permission: -

1 No person othcr than the Chief OFFicer of a Municipality I
or an oficer or other employee of the Municipality shall,
without the written permission of the Chief Officer or :
without other lawful authority, - I

i
I
(a) open, break up, displace, take up or make any
aheration in,orcauseany injury to, thesoilor
pavement or any wall, fence, post,chain or other
material or Lhing forming part of any street;or -

(b) deposit any building material in any street; or

(c) set up in any street any scaffold or any temporary
erection for the purpose of any work whatsoever,
or any posts, bars, rails, roads or other things, by
way of an enclosure for the purpose of making
mortar or depositing bricks, lime, rubbish or other
materials. i
'
(2) Any permission granted under clause-(b)or clause (c) of
sub-section (I), shaIl be terminable at the discretion of
the Chief Officer on his giving not less than twenty four
hours written notice of such termination to the person to
whom such permission was granted.
(3) TheChef Officer may, wilhout notice, cause to be removed
any of the things referred to in clause (b) or clause (c) of
sub -section (I ), has been deposited or set up irl any
which
street without any permission specified in lhat sub - wtion
or which having been deposited or set up with such
permission, has not k e n removed beforethe expiry of the
period of notice issued under sub - section (2):
(4) Provided that nothing in this subsection apply to any case
under clause (b) or clause (c) or sub-section (I), if, in
such case, an application of permission has been made
with such fee,as spxified by theMunicipalityin this k h a l f
but no reply has been sent to thc applicant within seven
days froi.I the date OF the application.
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323. Precaution for public safety to be taken by persons to whom

permission is granted: - -
(1) TheChiefOFFi~rofaMunicipditymaygrmtcrpcnnission
for any work referred to in seclion 322, on such condi tions
and on deposit of such sum of:money in advance, as may
be determined by regulations for carrying out the work
and restoring the street or pavement on which the work is
carried out to iu original condition.
Every person to whom any permission is granted under
section 322, shall, at his own expense, cause the place
where any soil or pavement has been open or broken up
or where he was deposited building materials or ser up
any scaffold, erection or other thing to be properly fenced
and guarded, and in all cases in which it is necessary so to
do toprevent accidents, shall cause such place to bc well
lighted during the night. I
i
Reinstatement of street: -
324.

I ) Every personto whom peimission is granred under section

I
323 to open or break up the soil or pavement of any
s t m t or who, under other lawful authority, opens or breaks
up the soil or pavement of any street shall, with all
convenient speed, complete rhe workof which the soil or
pavement is opened up, fill up the,ground,and reinstate
and make good the slreet so opened or broken up without
delay and to the satisfaction of the Chief Officer of the
Municipality,

(2) If such person fails to reinstate and make good the street
as aforesaid, the Chief Officer may restore such streei
and thecxpenses incurred by thechief Officer in so doing,
shall bc paid by such person.
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325. Permission to close street: -

(1) The Chief Officer of a Municipality may, when any such
works as referred to in section 324 or any work, which
may lawfully kexecuted in any s m t i s inprogms,direct
that such sweet shall be wholly or partially closed to traffic
or to traffic of such description, as he may think fit, and
shall set up in a conspicuous position or an order
prohibiting traffic to the extend so directed, and fix such
bars, chains or post across or in [he street, as he may
lhink proper forprevcntingor restrictinghetdlictherein.
(2) No person shall, without the permission of the Chief :

OFFIcer or wirhout any other lawful authority remove any

bar, chainor post so fixed or infringe any order prohibiting
traffic so set up.

326. Provision for passage or diversion of traffic. -

!
When Ihe execution of any work is in progress in any street, the !
Chief Officer of Municipality shall, so far as may be reasonably
practicable,make adequate provisionsfor the passage or diversion
of traffic, for securing access to premises approached from such
sweet and for such drainage, water supply or means of lighting, as
may be interrupted by reason of the execution of such work.

327. Power to require the person to whom permission is granted

make provision for passage or diversion of tratXc etc :-
The Chief Oficerof aMunicipalitymay, by a written notice, q u i r e
any person to whom permission is granted under section 323 to
o p n or break up the soil or pavement of any street or who, under
any other lawful authority, opens or breaks up the soil or pavement
of any street for the purpose of execuling any work, to make
provisions to his satisfiction for the passage or diversion of traffic,
for securing access to the premises approached from such street
and for such drainage, water supply or means of lighting as may
be intempted by reason of the execution of such work and if
such person fails to do it, the Chief Officermay cause the same to
be done and recover the expenses thereof from such person.
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328. Disposal of things removed. - I

(1) Any of the things caused to be removed by the Chief

Officer of a Municipality under this Chapter shall, unless
rhe owner thereof rums up to take back such things and
pays to the Chief Officer the charges for the removal and
storage of such thing wirhin such periods, as the Chief
Officer may specify, be disposed of by !he Chief OFFicer
may specify, be disposed of by the Chief OFficerwithin
seven days ofthe expiry of such period by public auction
or in such other manner, as he thinks fit.

(2) The charges for removal and storage of the things sold
under sub-section (11, shall be paid out of the proceeds
ofthe sale thereof and the balance, if any, shall bcpaid to iI
heowner of the things soldon aclairn beingmade h f o r e
within aperiod of one year from the dale of sale, and if no
such claim is made within thesaid period, the money shall
be credi ted to the Municipal Fundof the Municipali~y.

329. Requirement to take steps for repairing or enclosing

dangerous places: - i
(1) If any place is, i n the opinion of the Chief Officer of a
Municipality for want of sufficient repai r or protection or
enclosure, or owing to some work being carried out
thereupon, dangerous or causing inconvenience to
passengers along a street or to other persons including
the owner or the occupier of such place, who have legal
access thereto or to the neighborhood ihereof, the Chief
Oficer may, by a notice in writing, require the owner or
the occupier of such place to repair, protect or enclose
the same or to take such other steps as to repair, protect
or enclose the same or to take such other steps as may
appear to thc Chief Officer to be necessary in order to
prevent thc danger or inconvenience arising therefrom
within such period, as may be specified in the notice.
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(2) The Chief Officer may, before giving such owner or

occupier any such notice or beforethe expiry of the period
specified in any such notice, take such temporary 1
mcasures, as he thinks fit to prevent the danger or ,
inconveniencearisingtherefromandmyexpensesincd ,
by the Chief Officer in taking such temporary measures,. i!
shall be recoverable from such owner or occupier as an I
arrears of tax under this Act.

330. Naming and Numbering of streets and Premises: -

(I) The Municipality may, -
(a) determine the name or number by which any street
or public place vested in the Municipality, shall
be known;
(b) cause to be put up or pained nt n conspicuous ;
part of any building, wall or place at or, near each
end, comer or entrance of such street, the name
or number by which it shall be known;

(c) cause to be put up or painted on boardsof suitable

size the name of any public place vested in the
Municipality;and

(d) determine the number or sub-number by which

any premises or part thereof, 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 [he entrance of [he 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 paint any name or number or sub-number :
drffercnt from, that put up or painted by order of the '
Municipdity.
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i
I
I
331. Measures for lighting: -
(1) The Municipality shall,-
(a) take mcasures for-lighting, in a suitable manner,
such public streets, public places, squares, parks,
gardens, municipal markets and properties of the
Municipality,as may be spcified by it;
(b) procure, erect and maintain such numtxr of lamps,
lamp posts and ocher appurtenance, as may be
necessary for the purpose as aforesaid; and
(c) cause such lamps to be lighted by appropriate
means.
(2) The Municipality may, amch to the ouhide of my building
brackets for lamps in such m ~ n e ras, not to occasion any
injury thereto or inconvenience.

332. Prohibition of removal of lamps: -

(1) Nopersonshall,withoutIawlulauthority,takeaway
willfully ornegligcntly, b ~ a ortlirow
k dowrl ordamage,-

(a) any lamp or any appurtenance or any lamp or I

lamppost or lamp iron set up in any public street
or any pubIic place;

(b) any electric wire for iiating such lamp; and

c anypost,pole,standard,staystrut,b~acketor
other contri vance foicanying,suspending or
supporring any elecrtjc wire or lamp.
(2) No person shdl willfully orneghgentlyextinguish thc light
of any lamp, set up in any public s t m t or any public place.
(3) Eany person wiIlfully or through negligence or accident
breaks or causes any damage to, any of thc things,
described in sub-section (I),he shaIl in addition to any
penalty to which he may besubjectedunder Lhis Act, pay
the expenses of repairing the damage so done by him.
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333. Prohi bition against encroachment on land, public places: -

(I) No person shall make any encroachn~enton any land,.
Premises,street:or public place,not king private property,
whether such land, premises, sbmt or public place belongs
to or vests i n the Municipalicy or not, by raising a
temporary or permanent structure on such land, premises
street or public place nor shall abet such encroachment
or illegal occupation of such land, premises, sket or public
place:
Provided that, subject to such regulations,as may IE made
in this behalf, parking or setting up steps for providing
passage to the houses and shops in a street or a drain,
channel, we1I or tank passing through or by the side of
land, premises or public place, shall not be consmed as
an encroachrnen t .
(2) No person shall, without authority in that behalf,remove
earth, sand or other material form or deposit any matter '
in, any land vested in the Municipality.
(3) The Chief Officer of a Municipality or any other oHicer
authorized by the Municipality in this behalf shall have
power to remove any such encroachment or illegal
occupation and the expenses of such removal shall be
paid by the person,who has caused the said encroachment
or illegal occupation.

334. Seizure or attachment of offender : -

(I) Notwithstanding anything contained in section 333, the
Chief Officerof a Municipality or any officer authorized
by theMunicipalityin this behalf, shall, in addition toany
other action, which may be taken under section 333, also
have power to seize or attach any property found on the
land, premises, street or public place referred to in that
section or, as the case may, be attached to or permanently
fastened10mylhing attached to such land, premises,s ~
or public place.
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(2) Where any propeny is seized or attnchcd under sub-

section (1) by an officer, authorized by the Municipali ty,
he shall immediately make a report of such seizure or
attachment to the Chief Offtcer.

335. Custody, sale or disposal OF property seized or attached: -

(I) ThechieFOFficerofaMunicipalitymaymakesuchor&rs,
as he may think fit forthe propercustody of the property
seized or attached under section 334, pending the
concIusion of confiscation p d n g s and if, the property
is subject to speedy and natural decay, of it isotherwise
expedient so to do, the Chief Officer may cause such
property to be sold or otherwise disposed of.

(2) Where any property is sold rts aforesaid, the sale proceeds
thereof after deduction of the expenses incurred in
connection with such sale or other incidental expenses
relatingthereto, shall, -

(a) Where no nrder of confiscation is passed by tht:

Municipality under section 336; or

(b) Where an order passed in appeal, under section

337, so requires; be paid to the owner thereof or
fie person from whom it is seized.

336. Confiscati'onof property seized or attached: -

.

(1) Where any property i s seized on attached under section

334, the Municipality may subject to the provisions of
sub-section (2), order confiscation of such property.
(2) Noor&rforconfiscationofapropertyundersub-section
(I.) shall be made unless the ownerof such property or
the person from whom it is seized or attached is given, -

( 343 1
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(a) a notice in w n ting, informing h m of the grounds

on which it is proposed to confiscate the property;

(b) an opportunity of making a representation in

writing, within such rcnsonable time, as may be
specified in the notice against the grounds of
confiscation; and

(c) a reasonable opportunity of being heard in the

matter.

(3) The order of any confjscation made under sub-section

(I), shall not prevent the infliction of any to
which the person affectedthereby is liable under this Act.

337. Appeal :-

(1) Any person aggrieved by such confiscation order, made

under section 336 may, within one month from the date of
- communication to him of such order, appeal against it to
h e Principal Judge of the District in which such property
is seized or attached.
(2) Onsuchappeal,thePrincipalJndgemay,aftergivingan
opportunity to the appel lnnt and the respondent to be
heard, direct theorder to be stayed pending disposal of
the appeal, or may modify,alter or annual the order and
make any further order that he may think proper in the
matter.

338. Court or Tribunal not to make order in respectof prapcrty

seized or attached: -
Subject to the provisions of sub-seaion (3)of section 336,
wheneverany property is seized or attachedpending confiscation
(344 1
 LatestLaws.com

under sub-section (I) of the said section, the Municipaliry or the

Principa IJudge shall have, and notwithstanding anything to the
contrary contained in any other law for the time being in force,
any court, tribunal or olher authority shall not have, jurisdiction to
make order with regard to the possession, delivery, disposal,
release or distribution of such propmy.

339. Other provisions in respect of encroachments: -

(1) Where any person is prosecuted of an offence for the

conbavention of the provisions of subsection (I) of scction
333, the burden of proving that he has not committed the
said offence shalI be on such person.

(2) No officer or employee of the Municipality shall, permit

any person to encroach upon or abet in encroachment
upon any property specified in sub-section (I) of section
333.

Provided that no court shall take cognisance against such

employees of the offence-underthis sub-section,except
with the previous sanction of the Municipality.

No investigation of an offence For contravention of the

provisions of the sub-section (I) of section 333 or of sub-
section (2) of this section, as the case may be, shall be
made by an officer below the rank of a Deputy
Superintendent of Police.
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CHAPTER - II
BUILDINGS - PROCEDURE
340. General Definitions, -
In this Chapter, unless the context otherwise requires the
expression, -
(I) "to erect a building" means, -

(a) to erect a new building on any site, whether

previousIy built upon or not;
(b) to re-erect, -

(i) any building of which more than one half of the

cubical contents above the IeveI of plinth have :
been pulled down, burnt or destroyed; or I
i any building of which more than one half of the
supeficial area of the external walls above the
level of plinth, has been pulled down; or
[ii) any frame-building of which more than half of the
number of posts or beams in the external walls
have been pulled down;

(c) to convert into a dwelling house any building or

any partofa building not originally soconstrucled
for human habitation or, of original^^ soconstructed
for human habitation, subsequently appropriated
for any other purpose;
(d) to convert to into more than one dwelling house a
building originally constructed as one dwelling
houseonly;

(e) to convert into a place of religious worship or

into a sacred building any place or buildngs, not
originally constructed for such purpose;
( 346 1
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(f) to roof or cover an open space belween walls or

buildings to the extent of the structure formed by
the roofingor covering of such space;
(g) to convert two or more tenements in a buildingin
to a greateror lesser number of such tenements;

) to convert into a stall, shop, office,warehouse or

go-down, workshop, factory or garage any
building not originally constructed for use as such
or to convert any building constructed for such
purpose, by sub-division or addition, in greater
or Iesser number of such stalls, shops offices
warehouses or go-downs,workshops, factories
or garages;
6) to convert a building which when originally
consttuctedwas legalIy exc-npt from the opemtion
of any building regulations, or under any rules
made under this Act, or contained in any law in
force for the time being, into a building which,
had it k e n originally erected in its converted form,
would have been subject to such building
regulations;
Cj) to convert into or use as 3 dwelling house any
building, which has been discontinued as or
appropriated for any purpose other than a dwelling
house;
(k) to make any addition to a building; and
(1) to remove or reconstruct the principal staircase
or to alter its position;
(2) "wupancy" or "use group" means the principal occupancy
for which a building or a part of a building is used or
intended to be used, and the occupancy classification shall
unless o h m i & speltout in any development plan or Town
Development or town Improvement Scheme or Town
Planning Scheme under any law in force for the time being,
include, -
( 347 )
 LatestLaws.com

ca) resideniial buildings, thar is to say, any bui[ding in

which sleeping accommodation is provided for
normal residential purposes wilh or without
cooking facility or dining facility or both and such : 1
building shall include one or two or mulri-family
dwelling, lodging or rooming, houscs, hosteIs, i
dormitories, apartments, houses and flats and i
private gmges;
(b) educational buildings, that is tosay, any, buildings
used for school, college or daycare purposes '

involving assembly for instrucrion educalion or

cecreationincidental to educational buildings;

(c) institutional buildings, that is tosay, any building '

or par1 thereof ordinarily providing sleeping

accommoda~ionfor occupants and used for the
purposes of medical or other trearment or care of ;
persons suffering from physical or mental illness,
disease or infirmity, care of inFmts convalescents I i
or aged persons and For penal or co-rrectional I

detention in which the Iiberty of the inmates is

restricted and such buildings shall, include
hospitals,cli nic, dispensaries,Sanaloria, custodial
institutions ilnd penal institutions likejdls,prisons.
mental hospitals and reformatories;
(d) . asscmbly buildings, that is to say, any buildings or
part thereof where groups of peopIe congregate
or galherfor amusement ormreationor for smial,
rcligaus,patriotic,civiI, travel,~sprtsand similar
-
orher purposes and such buildings shall, include
theatres, rnoiion picture houses, dri ve-in-lhmtres,
city halls, town halls, auditoria, exhibition halls,
museums,skating rinks, gymnasium. restaurants,
eating houses, hotels, boarding houses, pIaces of
worship, dance halls, club rooms, gymkhanas,
passengerstations and terminals of air, surface and
other public lransportation services, recreation
piers, and stadia;
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(e) business buildings, [hat is to say, any buildings or

part thereof used Por transaction of business or
for the keeping of accounts and records 01. for
similar purposes and such buildings shall, include,
officcs, banks, professional eslablishmen IS, couit
houses, and libraries for rhc plincipal funciion of
transaction of public business and keeping of
books and records and sha!l also includc office
buildings (premiscs) solely or principally used as
an office or for oFfice purpose;
mercantile buildings, that is to say, any buildings
or part thereof used as shops, stores or markets
for display or sale or merchandise, either
wholesale or retail, or foroffice,storage or service
facilities i nciden~alto the sale of merchandise and
located in Ihesamc building mdsuch building shall
include eslabl ishments wholly or partly engaged
in wholesale trade, manufactures wholesale
outlets (including related srorage facilities),
warehouses, and establishments engased in !ruck
lranspofl (including truck lranspbrt booking
agencies);

(g) induslrial buildings, that is lo say, any buildin2of

slructure or part [hereof in which plnoductsor
materials of all kinds and properties are
fabricated, assembled or processed as in
assembly plan~s,and such building shall includc
laboratories power plants, smoke houses,
refineries, gas piants, milks dairies, factories,
workshops,automobile repair garages and printing
presses;
storage buildings, that is to say, any buildings, or
part [hereof used primarily for ihe storage or
sheltering of goods, wares or merchandise as in
warehouse and such buildings, shall, include cold
storages, freight depots, transit sheds, store
houses, public garages, hangers, rruck terminals,
grain elevators, barns and stables; and
( 349
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(i) hazardous buildings, that is to say, any buildings

or part thereof used for the storage, handling, I
manufacture or processingof highly combustible
or explosive materials or products, which are
liable to bum with extreme rapidity or which may ,
produce poisonous fumes or explosions or which i
involve highly corrosive, toxic or noxious alkalis, I
acids, or other 1 iquids or chemicals producing
flames, fumes, explosives or mixturesof dust or
which result in the division of matter into fine
particles subject to spontaneous ignition;
(3) "alteration" means the change from one occupancy to
another, or the structural change, such as the addition to
any a m or height, or the removal of a part of buildings or
the change to the structure,such as the construction or
cutting into or removal of any wall, partition, column,
beam, joisr, floor or other support, or the change to or
closing of any required means of ingressof e,gess, or the
I
I
change to any fixture or equipment; and
(4) "Plan" means a plan prepared by a Surveyor, or a
Drafisrnan, or an Engineer holding a de,oreeof Bachelor
of Engineering, or an Architect registered under the
Architects Act, 1972 {Act 20 of 1972)
ExpEa~~arion:- For the purpose of classjfication of a building
according to occupancy under clause (2), -
- (a an occupancy shall be deemed to include subsidiary
occupancies, which are contingentupon it; and
(b) buildings with mixed occupancies shall mean those
buildings in which more than one occupancy arc present
in different porbons thereof.

341. Municipal Building Committee, -

(1) For each municipal m a , there shaU be constituted by the
Municipdjty, a Municipal Building Commitlee.
( 350
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(2) The Municipal BuiIding Cornminee shall consist of Lhree
mernbetx of Municipal Council or Town Caunci 1.
(3) In addition to the members elected under subclausc (2),
the Municipal Building Cornmi ttee shall consist of the
fol lowing members namely :-
(i) the Chief Officer of thc Municipality, who shall
be rhe Member Secretary,
(i) Engineer,
theM~~nicipal
(ilii) the Municipal Town Planner,

(v) theMunicipa1 Fire Officer:

Provided h a t where in a Municipality thcre is no Municipal
Engineer or Municipal Town Planner or Municipal
Architect or Municipal Fire Officer, any other officer,
discharging the duties of Municipal Engineer or Municipal
Town Planner or Municipal Architect or Municipal Fire
Oficer, as the case may be, shall be the member of the
Municipal BuildingCornmikc:
(4) The term of the Municipal Building Committee shall bc
one year from the dale of its constitution and rhe new !
Municipal BuildingCommittee shall be constitutedk f o ~
[he expiry of the term of the existing Municipal Building
!
Commirtee:
Provided [hat an elected member shall not be eligible for
election of member of the Municipal Building Commitlee
for more than two terns:
Provided further that the existing Municipal Building
Committee shall continue to function till the new Municipal
Building Committee is constituted.
(5) The Chairman of the Municipal Building committeeshall
be elected by its elected members from amongst , .
I
themselves and h e shall be eligble for re-election for one !
more term
 LatestLaws.com
(6) ThcMunicipl buildingcommittee may, while daling wi th
any case regarding any educational building, or institutional
building, or Gsembly building, or industrial building, or
hazardous buiIding, coopt one person having specialized
knowledge and experience in the matter.

(7) 'I'heMunicipal Buildng Committeeshall meet at least once

in a month.

(8) The Municipal Building Commi ttee shall scruliniix every

application for erection or re-erection of a buildingfor
which notice has been received under scction 343, other
than a residenrial building up to three storeys or with a
height of ~wclvemcrres, whichever is higher, on a plot of
five hundred square metres or lcss and make its
recommendations:
Provided that in respect of any bui Idingorexeculion of
any work, as h e case may be affects or is likely to affect,-

(a) the functioning of thc microwave system for

~elecommunicutionpurpose, and

(b) any functions for h e purpose of civil aviation, (he

Municipal Building Committee shall, if so
considered necessary, refer such case to the
concerned Depart ment of the Government or
authority for their opinion before finalizing the
~camrnendations.
(9) The Chief Officer of the Municipality shall, act in
accordance with rect>mmendations of the Municipal
BuildingCommittee.
(10) The manner of conducting the business of the Municipal
Building Comrnittec and the procedure to be.followed by
it shaH be such,as may be prescribed.
 LatestLaws.com

342. Prohibition of erection without sanction, -

n crcct or commence to crecl any building or cxecu te
No ~ r s o shall
any of the works spcci fied in subclause (b) of clause ( I ) of Scction
340 in any municipal area, except wirh the previous srrnclion of
[he Chief Officer of the Municipality and in accordance with the
provisions of this Act and the r-egulations made thcrcunder in
relation to such erection of bui lding or execution of work, as the
casc may be.

343. Notice for erection of building or addition to repairs of

buildings,

(1) Every person who intends to, -

(a) crect a building; or

(b) execute any of the works specified in sub-c tausc

(b) of clause ( I ) of scction 340, in any municipal
are shall, apply for sanction by giving notice in
writing of his intention to the Chief Officcrof rhe
municipality in such form and containing such
information, as may be prescribed.
(3) Every such notice referred to in sub-seclion (I), shall be
accompanied by such documents and plans and areceipt
showing payment, where necessary,of such fee, as may
be prescribed.
(3) Not withstanding anything contained j n sub-section (I),
no such sanction shall be necessary for, -

(a) erection, re-erection, addition lo, or attcrarion of,

any internal partition wall, or a parapet wall or rr
cornice or chajja within the boundaries of the
site and not over-hanging u streel, so. however,
that the total height of rhe parapet wall, shatl not
k more than one hundred twenly centimetersand
the width of ncomice orchajja, shall nnr be more
than fifty centimeters :
( 353 1
 LatestLaws.com

Provided that the use of the building is not changed by

such erection, addition to, or alteration of, such internal
pMition wall;
I
(b)
(c)
repairing of a staircase or li ft-shaft;
whi te-washing or painting;
~
!

1
i
(d) re-flooring of the surface of an existing floor;
(e) re-ty ling of a terrace or re-surfacing if a roof
including water-pmfing;
(0 erectionofafalseceilinginanyfloorforair- :

conditioning, lightingor decomtivepurposes;

(g) plastering and patch work;
(h) providingor closing an internill door or window,
or a ventilator, not opening dicectly opposire to a
door or a window of another building;
(i) re-placingof fallen bricks, stones, or repairing of i1
damaged pillars or beams; !
(j) repairing or ~ n e w i n gexistingplurnbing services,
and

(k) carrying our such other work, as is necessary in

the opinion of the Chief Officer, for reasons to be
recorded in writing, to maintain the building in a
condition of good repair or to secure it to prevent
danger to human life.

344. Preparation of plans, -

1) Subject to the provisions of sub-section (2) and to such
rules, as may k.made in this behalf, a plan for any building
in any municipal area, irrespectiveof the size of the plot
or the number of storeys, may be prepared by an ,,

Architect.
(2) Notwihstandjng anything contained in sub-section (I), -
( 354 1
 LatestLaws.com

a) a plan for any buildinghaving not more than three

storeys, irrcspectjve of rhe size of the plot in any
municipal- area, may also be prepared by an
Engineer,
(b) n plan for, -

(i) a residential building on a plot of two hundred

fifty square meters or less and having only one
storey in the municipal area may also be prepared
by a Surveyor or a Draughtsman.

345. Purpose for which building to be used :-

(1) Every person givjng any notice of his intention to erect a
building under section 343 shaI1 specify the purpose for
which such building is intended to be used:
Provided that for any building, not mare than one class of
use, consistent with the occupancy of the use group wilhin
the meaning of clause (2) of section 340, shall be
considered, except in respect of the case-where, under
this Act or any other law in force ior h e time being. mixed
occupancies of specified nature maybe permissible.
(2) Every person giving any notice under seclion 343 of his
intenlion to execute any of the works specified in sub-
section (b) of clause (1) of seclion 340, shall, specify
whether the purpose for which such work is intended to
be executed, is proposed, or is likely, to be changed by
such execution of work
Provided that if such change would result in mixed
occupancies, which are contrary to rhe provisions of this
Act or of any other law in force for the time being, such
change shall not be allowed.
(3) No notice shall be valid until the information required in
subsection (1) or subsection(2)and any other infomation
and plants, which may be required by rules made in this
behalf, have been furnished to the satisfaction of the Chief
Officer of the Municipality along w i h ihe notice.
 LatestLaws.com

346. Sanction or Provisional sanction :-

, (1) The Chief Officer of a municipalj ty shall. sanction or
provisionally snnclion the erection oia building or the
execution of a work within themunicipal area, unless such
building or work wouldcontravene any of lhe provision
of sub-section (2) or sub-section (3)of [his section or the
~
~

j
provjsions of section 362 or section 363.
Provided that no such sanction shall be accorded without
tllerecommendalion of MunicipalBuildng Committeew h m
necessary, made under sub-section (8) of section 341.

(2) The sanction for ercction of a building or execution of a

work, may be refused on the following grounds, namely: ,

(a) t[lat~hebuildingorthcworkortheuseofthesi~e
for the building or the work or any of thc
particul;m cornpriscd in the site plan, ground plan,
elevation, section nr specification, would
contmvene the provisions of this Act or the rules
and ~ h rcgularions
c made there under or of any
i
other law in forcefor the time k i n g or any scheme
sanctioned under such law;
(b) Iha~he notice for sanction does not contain the
particulars or js not prepared i n the manner
required under the rules and [heregulations made
in this behalf.
(c) That any information or document required by
the Chief Offrcer under [his Act or the rules or the
regulations made thereunder, has not been duly
furnished.
(d) Thatinc~requiringlayoutplanunderanyolher
law for the Lime being in force, such layout plan
has not been sanctioned in accordance with [he
provisions of this Act;
 LatestLaws.com

(el That the building or thc work would bc an

encroachment or land vested in the Government,
or the central or any other state Government, or 1
the ~ u n i c h a ltyi 's and
(0 That the site of the building or the work does not
abut, on a street or projec ted sueet and that there
is no access to such building or work from any
such by any passage or pathway appertaining to
such si tc.
(3) I f , for the use of building, a licence or permission is
requiredfrom any Department ofthe Government, or the
Ccntral or any other State Government, or any statutory I

body under any law in force for the time being, and if such i
licence or permission is not immediately available, a
provisional sanction shall be given for the erection of such
building and upon the production of such licence or
permission and submission of duly authenricatedcopics,
thereof, sanction under sub-section ( I ), shall be given :
.. -
provided that the provisions sanction shall be subjcct to
all the orher provisions of this Chapter:
Provided further that the erection or re-erect ion of a
building shall not commence on [he basis of a provisional
sanction.

(4) The Chief Officershall communicate the sanction or the

provjsional sanction to the person, who has given the notice
under section 343 and where sanction or provisional
sanctioneither on any of fie ground s p i fiedin subsection
(2) of this section, or under section 357 or section 362 is
refused, he shall record a brief statement of his reasons
for such refusal and shall, communicate the refusal along
with h e reasons themfor to the person, who has given [he
notice:
-Provided that all the grounds for refusal, shall be
communicated at one time.
( 357
 LatestLaws.com

'

(5) The sanction or the provisional sanction or the refusal of

sanction to the erection of a buiIding or the execution of a ,

work,shall be communicated in such manner, as may be

prescribed and, in the case of sanction or provisional I
i
sanction to the erection of a building the occupancy or I
use groups,shall be specificallystated in such sanction. i
:

(6) In case of refusal of sanction to the erection of a building

or execution of a work under this section, the person,
who has given notice, may apply for a fresh sanction afier
complying with the provisions of this Chapter.

347. Sanction or provisional sanction accorded under misrepre-

sentation :-
If at any time after the communication of sanction or provisional
sanction to the erection of any building or the execution of any I
work, the Chief Officer of a Municipality is satisfied that such
~ ~ -..-
sanction o r p -r.:*:*-a - - _ _ was accorded,-
cmctinn

(a) in consequence of any material misrepresentation or any

fraudulent statement in the notice given or information
furnished under section 343 or section 346 or
(b) any mistake, whether on the part of the Municipality or
[he applicant,
the Chief Officer may, by order in writing, cancel, for
reasons to be recorded, such sanction or provisional
sanction and any building or any work commenced,
erected or executed, shall be deemed to have been
commenced, erected or executed without such sanction,
and shall be dealt with under provisions of this Chapter:
Provided that before making any such order, the Chief
Officer shall give a reasonabIe opportunity to the penon
affected as to why such order shall not be made.
 LatestLaws.com

348. When building or work may be proceeded with :-

(I) Where wi111inaperiodof forty-five days of the receipt, of
any notice under section 343 or of any information under
secrion 346, the Chief Officer of the Municipality does
not refuse the sanction to the erection of any bui tding or
the execution of any work or, upon refusal, does not
communicate the refusal to the person, who has given Ihe
notice, such person, may make a representation to the
Chief Officer, in the case of a Municipal Council or a
Tom Councjl insuch manner, as may be p m r i I d , within
a period of thirty five days after the expiry of forty-five
days:
Provided that if it appears to the Chief Officer that the site
of the proposal building or work is likely to be affected
by any scheme of acquisition of and for any public purpose
of by any proposed regular line of a public street or
extension, improvement, widening or alteration of any
street, the Chief Officer may, withhold sanction to the
ereccion of [he building or the execution of the work for
such period, not exceeding six months, as he may deem
fit,and the period of forty-fivedays specified in this sub-
section, shall be deemed to commence from the date of
expiry of the period for which the sanction has been
withheld

(2) The decision of the Chairperson, as the case may be,

shalI be communicated to the person making the
presentation within a period of forty Eve days from the
date of receipt of the representation.
(3) Where the decision of thechairperson, as the case may
be, is not communicated to the person makrng the
representation within the period specified insub-section
(2),the erection of the building or the execution of the
work, shaIl be deemed to have been sanctioned.
 LatestLaws.com

(4) Where [he erection of u building or the execution of a

work is sanctioned or is deemcd to have sanctioned, the
person who has ~ i v e nnotice under sub-section (L) of I

i
sanclion 343. shall ercct the building orexecute the work /
in accordance with such sanction'or in accordance with
such notice and shall not contravene any of the provisions :
of this Act or the rules or regulations made [hereunder or
of any other law in force for the time being.
(5) If thc person as afo~saidoranyone lawfully claiming under
him, does not commence the erection of the building or
the execution of any work within a period of one year
from the dale on which the erection of the building or the
execution of the work is sanc~ionedor is deemed to have
been sanctioned, he shall give a fresh notice under sub-
section (I) of section 343 for fresh sanction.
349. Order of stoppage of buildings or works in certain cases, -

(I) Where in the municipal m a of a Municipaliw,the erection

of any buildings or the execution of any work has been
commenced or i s being camed on :-
(a) wirhout or contrary to the sanction referred to in
section 346; or
(b) in contrclvention of any condition subject to which
such sanclion has been accorded; or

(c) in contravention of any provisions of this Act or

the ruIes or the regulations made thereunder,
the Chief Officer of the Municipality may, in
addition to any other aclion that may be taken
under this Act, by order, required the person at
whose instancesthe building or the work has been
commenced or is being carried on to stop the
same forthwih.

(2) No Court shall entertain any suit, application or other

proceeding for injunction or other relief against the Chief
( 360
 LatestLaws.com

Officer to restrain himfrom taking any action or making

any order in pucuance of this section.

(3) If an order made by the Chief Officer under subsection

(1) of this section or under section 352, directing any
person LOstop h e erection of any building or heexecution
of any work,is not complied with, the Chief Officer may
take such measures, as he deems fit or may require a
Potice Officer to remove such person and all his assistants
and workman from the premises within such time, as may
be specified by the Chief Officer and such Police Officer
shall comply with such requirements.
(4) After the requirement under sub section (3) has been
compIiedwih the ChiefOficer, may, if hethinks fit, depute,
by a written order, a PoIice Officcror an Officer or other
employees of the ~ u n i c i ~ ato~watch
i t ~ the premises in
order to ensure that the erection oft he building or the
execution of [he work is not conlinued.

(5) Where n Police Officer or an Officer or employee of the

Municipality has been deputed under sub section (4) to
watch the premises, the cost of such deputation, to be
determined by the Municipality by regulations, shalt be
paid by the person at whose instance such erection or
execution is being canied or who was ordered to stop
erection of the building or the execution of work under
sub section (I), and shall be recoverable from such pcrson
as arrears of Tax under this Act.

350. Order of demolition of buildingsor works in certain cases :-

, (1 Where the erection of any building or the execution of
any work has been commenced, or is being carried on,
or has been complered -
(a) withoutorcontrarytothesanctionreferredtoin
sec lion 404; or
 LatestLaws.com

(b) in conmvention of any condition subject to which

such sanction has been accorded; or
(c) in con~aventionof any provisions of this Act or j
I
the rules or the regulations made thereunder, i
the Chief Officer of the Municipality may, in :

addition to any other acrion that may be taken :

under this Act, make an order directing that such

erection or work shalI be demolished by the
person at whosc instances the erection or thc work
has been commenced or is being carried on or
has been completed within such perid, not king
Iess than five days and more than fifteen days, as
may be specified in thc order from the date on
which a copy of the order or demolition with a
brief statement of the reasons therefore, has ken
delivered to such person:
Provided that no order of dernoli tion shall be ;
made, unlcss such person has been given, by /
means of a notice served in such manner, as may 1
be prescribed, a reasonable opportunity of ,

showingcause why such order shaD not be made:

Provided furthcr that where the erection or the
execution has not bcen completed, the Chief
Officer, may, by the same order or by a separate
order whether may at that time of the issue of the
notice under the first Proviso or at any other time,
direct such person to stop the erection or the
executionuntiltheexpjlofrheperiodrvilhinwhich
an appeal against theorderofdemolition,ifmade
may be prefemed under section 35 1.
Explanation - In this chapter "the person at whose instance"
shaIl mean the owner, occupier or any other person,who
causes the erection of any building or execution of any '

work to be done, including alterations or additions, if any

or does it by himself.
 LatestLaws.com

(2) The Chief Officer may make an order under subsection

(I), nolwithstanding-thefact that the assessment of such
building has been made for the levy OF the tax on lands
and buildings.

351. Appeal :-
(I) Any person aggrieved by an order of the Chief OFFicer of
the Municipality made under sub-section (1) of section
350, may prefer an appeal against the order of demolition
to the Court of the Principal Judse of the District having
jurjsdic tion within the period specified in the order of
demolition of the erection or work to which it relates.
(2) Whcreanappealispreferredundersubsection(l)ag~nst
the order of demolition, the court of the Principal Judge
may stay the enforcement of the order on such terms, if
any, and for such period as it may think fit:
Provided that where the erection of any building or the
execution of any work has not been completed at the
time of making of the orderof demolition, no order staying
the enforcement of Ihe order of demolition, shall be made
by the Court of the Principal Judge unless a surety,
sufficient in the opinion of the Court,has been given by
the appellant for not proceeding with such erection or
work pending the disposd of the appeal.
(3) Save as provided in this section, no court shall entertain
any suit, application or other proceeding for injunction or
other relief against the Chief Officer to reswain him from
taking any action or making any order in pursuance of the
provisions of this section.
(4) Every order made by the court of the Principal Judge on
appcal and, subject to such order, the order of demolition
made by rhe Chief Officer under subsection (I) of section
350 shaIl be final andconclusive.
 LatestLaws.com

(5) Where no appeal has been preferred agains~an order :

made by the Chief Officer under sub-section (I), of '
Section 350 br where an order under that sub-section
has been confirmed on appeal, whether with or without I
,
modification,the person against whom the order has been
made, shall comply with the order within the period :
specified herein, or as the case may be,within the period, I
if any,fixed by thecourt of the Principaljudgeon appeaI,
and on the failure of such person to comply with the order .
within such period, the Chief Offjcermay himself cause
the building or the work to which the order relates to be
demolished and the expenses to such demolition shall be :
recoverable from such person as an arrears to tax under j
chis Act. I

352. Power to require alteration of work :-

1 I The Chief Officerof the Municipality may, at any time
n any building or the execution of any
during the e ~ t i o of
work or at any time within six months after the completion
thereof, by a written notice, specify any matter in respect
of which such erection or execution is without or contnry
to the sanction referred to in Section 346, or is in
conmvention of any condition of such sanction,or of any
of the provisions of this Act or the rules or h e regulations
'made thereunder and may, by order, require the person
who gave the notice under section 343 or the owner of
such building or work either,-

) to make such dterations, as may be specified by

the Chief Officer in the written notice with the
object of bringing the building or the work in
conformity with such sanction o: such condition
of such sanction or such provisions of this Act or
rules or the regulations made thereunder, or
'
@) to show cause, within such period, as may be
specifiedinthe order,why such alterations should '

not be made.
 LatestLaws.com

(2) If such person or such owner does not show any cause as
aforesaid he shall be bound to make the alterations
specified in the notice.
(3) If such person or such owner shows that the cause as
aforesaid the Chief Officer shdl, by m order, oithcr cancel
the notice issued under sub-section(1) or confirm the
same subject to such modifications as he think fit.

353. CompIetion Certificates, -

(1) Every person giving notice under section 343 for [he
erection of any building in a municipal area or for [he
execution of any work relating to such building or every
owner of such building shall, within one month after the
completion of erection of such building or execution of
such work, deliver or send or cause to be delivered or
scnt to the Chief OFficer of the Municipality a notice, i n
writing of such completion accompanied by a ccrti ficate,
in such form, as may be prescribed and shall give to the
Chief Officer all necessary facilities for inspeclion for such
building or work.

(2) No person shall occupy -orpermit to be occupied any

such building use or permit to be used any building or part
thereof affected by any such work,unti I permission has
been granted by the Chief Officer in this bchalf, in
accordance with [he ruIes and the regula~ionsmade under
this Act.

354. Building at corners of streets :-'

(I) Notwithstanding the provisions of this Acl or the rules
and the regulations made thereunder or of any other Iaw
inforce for the time being, the Chief Officer of a
Municipality may, in the case of any building, which is
intended to be erected at the corner of two streets in the
municipal area of the Municipality, -
 LatestLaws.com

(a) refuse sanction for rcasons to bc recorded in i

writing;or
(b) impose restrictions on its use; or i
!
(c) place special conditions concerning exits to or
entry from any streel; or
(d) require it to be rounded off or splayedor cut off
to such height and to such extent, as he may
determine; or

(e) acquire such portion of the site at the comer, as

hemayconsidernecessaryforpubljcconvenience '

- ornrnenity;
Provided that no such action shall be taken without
any scrutiny of such cm by theMunicipalBuilding I

Commirree.
I
(2) The Chief Officer may, by o written order, require ilny 1
alteration correspondingto any of the conditions in clauses I
(b)to(e)ofsub-secrion(1) tobemadc toany building I
compIcted before ~hccommenccrnentof this Act.

355. Provisions as to building and works on either new street or

near fly-oversor transportation terminals:-
(I) The sanclion 10be erection, reerection of any building or ,

execution of any work on either side of ilnew s k e r in the

municipal area of a Municipality, may be refused by the
ChieFOFficerof h e Municipalityunless and until such new
street has been leveled, and in the opinion of the Chief
Oficer, wherever prdcticable, metalIed or paved, drained,
lighted and laid with a water main to his salisfaction.

(2) The sanction to the erection, re-erection of any such

building or the execution of any such work, may berefused
by thechief Officer if such building orany poriion thereof
such work, corncs wilhin thc regular line of any s m t , the
( 366 1
 LatestLaws.com

position and direction of which, has been laid down by

thechief Oficer, but which has not been actually erected
or executed. or if such building or any portion thereof
such work is in contravention of any building plan or any
other scheme or plan prepared under this Act or any other
law in force for the time being.
(3) The Chief Officer may refuse permission for the erection
or re-erection of any building, which when completed,
will be within such distance from a fly-over or overbridge
or transportation terminal or other construcrion, as may
be prescribed ir: this behalf.

356. Power to r eplate future construction of building :-

(1) The Chief Officer of a Municipality may subject to the
prior approval or the Municipality give public notice of
his intention to declare, -

(a) thar in any street or portion thereof specificd in

such notice, the elevation and cons~ructionthe
fronrage of all buildings or any classesof buildings
erected or re-erected after such notice shal I, in
respect of their architectural fearures be such as
the Municipaiity may consider suitable LO the
locality; or

(b) that in any locality specifiedin such notice, there

shall be allowed the erection of only delachcd or
semi-detached building or both and that the land
appurtenant to each such building, shall be of an
area not less than that specified in such notice; or

(c) hat Lhe minimum size of building plots in particular

localities shall be oia specified area; or
(d) that in any locality specified in the notice, the
construction of more than a specified numbcr of
building on each acre of land shall not I
xallowed: or
 LatestLaws.com

(e) that in any streers, portions of streets or lmalitics i

specified in such notice, the construction of any
one or more of the di fferen t classes of buildings i
(such as residential, educational, institutional, 1
'
assembly, business, mercantile, industrial,slorige
and hazardous buildings), shall not be aIlowed
wilhout the special permission of the Municipality.

(2) The Municipality shall consider all suggestions or

objections. received within a period of three months of
the publication of such notice, may confirm the declaration
or may, modify if so, howcver, that its effect is not
ex tended.

(3) The Chief Oficer shall publish, in such manner, as may be

prescribed. any declnralion so confirmed or modified in
the Official Gazette and the declaralion shall take effect
i

(4)
from the date OF such publication.
No person shaII nftcr the date of publication oC such 1
I
declaration, erection or re-erection any building in 1
contrdvention of such declaration.

If during excavation or any other operation for the purpose of

conshctidn of any building in the municipaI maof a Municipality
or execution of any work referred to in sub-clause (b) of clause
(I)ofsection 330, any of theunderground utilities,such aselectric
or teIephonc cables, wntcr supply, sewage and drainage mains,
and gas pipes, is touched or is likely to be touched, or if the Chief
Officer of the Municipality is of the opinion that such excavation
may cause danger to rhe public, or danger or darnage to any other
building within the locali~y,the Chief Officer may, by a written
order stop forthwith any such excavation or other work, till the
matter is investiga~edand decided to his satisfaction.
 LatestLaws.com

358. RemovaI of congested buildings :-

(1) where it appears to the Chief Officer of a Municipality
that may block of buildings i n the municipal area, is in an
unhealthy condition by reason of the manner i n which the
buildings are crowded together, or of the narrowness,
closeness or faulty arrangement of s t m t s , or of the want
of proper dminage andventilation,or of the impracticability
of cleansing the buildings or other similar cause, he shat l
cause the block to be inspected by the Municipal Health
Officer and the Municipal Engineer, who shall make a
report in wriling to LheChief Officer regarding the sanikuy
condition of the block.

(2) If upon receipt of such report, the Chief Officer considers

that the sanitary condition of the block is Iikely to cause
risk of disease to the inhabitants of the buildings or of the
neighborhood or othenvise to endanger the public health,
he shall, with the prior approval of the Municipality select
the buildings, which in his opinion should wholly or in part
be removed in order to abate the unhealthycondition of
the block and may thereupon by norice in writing require
the owners of such buildings to remove them wilhin such
period as may be specified in the notice.
Provided that before issuing the notice, reasonable
opportunity shall be given to the owners to show cause
why the building should not be removed:
Provided further that the Chief Officer shall pay.
compensation to the owncrs for any buiIdings soremoved.
which may have been erected under proper authority.

(3) If a nolice under sub-sec~ion(2) requiring any owner of a

building to remove it is not complied with, then, alter rhe
expiration of the time specified i n the notice, the Chief
Officer may, cause h e building to be removedand recover
from the owner of the building lhe expenses of such
removal as an arrears o f tax under this Act.
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having an interest in the building, whether as a lessee,

mortgagee,or otherwise a notice to show cause within
such time as may be specified in the notice so to why an
order of demolition of the building should not be made.
(2) If any of the persons upon whom a nolice has becn served
under sub-section (I), appears in pursuance hereof kfore
the Chief Officer and gives an undertaking to him that
such person. shall, within a period specified by the Chief
Officer, execute such works of improvement in relation to
the building, as will, i n the opinion of the Chief Officer
render the building f~t for human habitation until ~ hChief
c
Officer on being satisfied that it has becn rendered fit for
that purpose, cancels the undertaking, the Chief Officer
shat I not make an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2),
is given, or if in acase where any such undertaking has
been given any work of improvement to which rhe
undertaking relates, is not carried out within the specified
period, or the buildings is at anytime used in conlravention
of the !ems of the unde~zaking,\he Chief Officer shall,
forthwilh make an order of demoli tion of the building
requiring that the building shall be vacated wi thi n a period
to be specifiedin [he ordcr not being less than thirty days I

from thc datc of thc order. and that it shall be demolished

within six weeks of ttieexpiration of that period.

(4) Where an order of demoli tion of a building under this

section has bccn made, the owner of the building or any
other pcrson, having an interest therein, shall demolish
that building within the timespecified in that behalf by the
order, :~ndit i f the building is not demolished within that
time, the Chief Officer shall cause the building to bc
demolished and set1 the materials thereof.
(5) Any expenses incurred by the Chief Officer under sub-
section (4) if not satisfied o u of
~ the proceeds of the sale
of marerials of the building, shall be recovered from the
(371
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owner of the building or any olher person, having an I

interest [herein as an w e a r of tax under this Act.

(6) In determining for the purposes of section 35% and this

seclion whether a building is unfit for human habitation
ii
regard shall be had to i Is condition i n respect of rhe
following malters, that is to say, -
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air,
(c) water supply;

(0 drainage and sanitary convcniences; and

) facilities for storage, prep-mtion and cooking of

food and for the disposal of fillh and other polluted
matter ; and the building shall be deemed to be
unfit as nfowid, if andonly if, it is so Fxdefcctive I
in one or more of the said matters that i t is not
msonabl y suitable for occup~tionin (he condition.

(7) For the purposes of section 359, section 360 and this
section "work improvement" in relation to a building
includes any one or more of the following works namely:
-

(a) necessary repairs;

(b) srrucrurdl alleritions;
(c) provision of light poinls and watcr taps;
Id) construction of drains, open or covered;

(e) provision of latrines and urinals;

( provision of additional or improved fixlures and 1
fittings;
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) opening up cr paving or courtyard;

(h) removal of rubbish, filth and other polluted and
obnoxious matter; and

(i) any other work including [he demolition of any

building or any part thereof,which, in the opinion
of the Chief Officer, is necessary for executing
any of the works specified above.

(8) The provisions of Section 358, Section 359, Section 360

and this section shall not apply in relation to any building
in any area, as may be specified to be a slum area.

362. Power to removal of dangerous buildings :-

(1) IFin municipal area of a Municipality any wall or building
or anything affixed thereto, kdeemcd by the Chief Officer
of the Municipality or the Municipal Architect or the
MunicipaI Engineer of a Municipality toe be in ruinous
state, or likely to fall, or to be in any way dangerous, he
shall forthwith cause a written noticc to be served on the
owner and to be put on some conspicuous part of the
wall or building or served on the occupier, i f any, of the
!
building requiring such owner or occupier forthwith to
demolish, repair, or secure such wall, building or thing, as
the case may require.

(2) The chief Officer may, it appears to him necessary so to

do cause a proper hoarding of fencing or other means of
protection to be, put up at the expenses of the owner of
such wall or building for the safety of he public or inmates
thereof and may after giving them such noticezis the Chief
Oficer may think necessary, require the inmates of the
building to vacate it.
(3) The provisions of this Act and of any rules or regulations
made [hereunder relating to the buildings, shalL apply to
!
any work done in pursuance, or in consequence of a notice
issued under sub-section (1).
( 373
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(4) Notwithstanding myhing contained in the foregoings u b /

section, - \
(a) t h e ~ h i r p n o nof a ~ u n i c i ~council
al or aTown I
!
Council and in the absence of the Chairperson, ;
as the case may be, the Chief Officcr may,
forthwith or with such notice, as he lhinks fit,
demolish, repair or secure or cause to be
demolished, repaired or secured, any such wall
or building or think affixed thereto, on the report
of [he Municipal Architect or where there is no
Municipal Architect, on the report of the
Municipal Engineer, or in his absence, the
Municipal Town Planner, certifying that such
demolition,repair or s u r i n g of h e building, wall
or thing, is necessary for the safety of the public
or the inmates of the building;
i
(b) in any such case the Chief Officer may, cause the
inmates of the building to be summarily removed
i
from the same or such portion thereof, as he may I
consider necessary; and. I

(c). AllexpensesincurredbyIheMunicipalityinhking
action under this subseclion,shall be paid by the
owner of such wal I, building or thing.
(5) Any action taken by the Chairperson or the Chief Oficer
under subsection (4), shall, unless the contrary is proved,
- be deemed to have been taken lawfully and in good faith
and with due care andattention.

363. Inspection of building :-

(I) The Chief Officer of a Municipality or any Officer duly
authorized by him in this behalf may, at any time during
the erection or re-erection of a building of the execution .

of any work in the municipal w under this Chapter make :

'
an inspection thereof without giving any prior notice of his
intention so to do.
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I
(2) The Chief Officer or the Officer duly authorized, may
inspect any existing building at any time by giving forty-
eight hours hoursaoticc in the prescribed manner in
advance.

364. Municipal Building Code :-

(1) The Government may make ruIes, -

(a) for [he regulation or restriction of the use of sites

for buildings;and
(b) for Ihe regulation or restrictionof buildings.
(2) Without prejudice to the generality of the power conferred
by subsection(11, the rules made here under may provide
for all or any of the following matters, namely: -
i
(a) information and plans to be submitted together
with application under any of the provisions of I
this Chapter;
i
@)

(c)
quirements sites;

means af access;
I
I

(d) development of Iand into and sub-division and

layou1;
(e) land use classification and uses;
(f) open spaces, area and height limitations;
Eg) parking spaces;
(h) requi~mentsofparlsofbuildngsincludingplinth
habitable room, kitchen, pantry, bathroom and
water closet, loft, ledge, mezzanine floor, store
room, Garage,roof, basement,chimney, Iighting I
i
and ventilation of room, parapet, wells, septic
tanks, boundary wall and leach pit;
( 375 1
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pmvisions of lifts;
exit requiremen 1s including doorway, comdor,
passageways staircase ramps and lobbies;

fire protection requirements including doonvay,

corridor, passageways staircase ramps and
lobbies;
special requirements of kcupqncies of residential
building, educational builGng, institutional building,
assembly building, business building, mercantile
building, industrial building, storage building and
hazardous buiIdi ng, (including hose for assembIy,
movement, parking, loading, unloading, public
conveniences, water-supply and vendors plazas);
stmcturat design;
quality of materials and workmanship;

ulternativc materials, methods of design and

construction;
buj lding services including electric supply, gas
supply, air conditioning or heating and telephones
and telex;
,plumbingservices;
signs and outdoor display structures;

licence of Building Archi tecis,Engineer,Building,

Surveyors and Draughtsmem for purpose of
preparing build ngplan;
recovery of fee in respect of multi-storeyed
building; md
any features to be includedin building plans under
various provisions of h i s Act.
( 376 1
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365. Provision on change of use of building :-

(1) No pcrson, in the municipal area of aMunicipality,shall.
wilhout any written permission of the Chief Officer of the
Municipality or otherwise than in conformity with the
conditions, if any, of such permission ,-
(a) use or permit to be used for the purpose of human
habitation any part of a building not originally
erected or authorised to be used for such
purpose;
@) change or allow the change of the use of any
buiIding for any purpose other than that specified
in the sanction under Section 346 or in the notice
given under sub-sect ion (2) of section 343.
(c) Change or allow the change of the use of any
buildingerected beforethe commencement of this
Act contrary to the use for which such erec lion
was originally sanctioned;

(d) Convert or al [ow the conversion of a tenemcn t

under a particular occupancy or use group to a
tenement under another occupancy or use group:
Provided that no such permission shall be given if
the new occupancy or use group is ohenvise than
in conformity with the provisions of this Act or
the rules and the regulations made thereunder or
of any other law in force for the time king.
(2) If, in any case, such permission is given, no change of
occupancy or use group shall be allowed before any
necessary alterations or provisions have been made to
the satisfaction of the Chief Officer and in accordance
with the provisions of this Act or the rules and the
regulations made thereunder or of any other law in force
for the time being.
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(3) Not wilhsmding any other action that may be taken against
any person, whcthcr owner or occupier or both;
contravening any provision of this section,the Chief Oficer
may, levy on such person in accordance with such scale!'
as may be detcrmincd by regulations, n finenot exceedin$
in each case rupees one hundred per square meter per:
month for the area under unauthorized used throughout
the pcriod, during which such contravention conrinues.

(4) The Chief Officer may, i f he deems fit, order that the
unaurhorised use be stopped forthwi~h:
Provided that bcforc making any such order, the Chief
Officer shall give a reasonable opportunily LOthe person
nffccted to show cause why such order should not be
made.
(5) Any peison aggrieved by an order of the Chief Officer
under sub-section (51, may within thirty days from the I

date of the order, prefer an appeal against the order to!

thc Court of the Principal Judge of the District having!
I
jurisdiction.

(6) Where an appeal is preferred under sub-section (6),the

court of Pri ncipal Judge, may, stay the enforcementof the
order on such terms, if any, and for such period, as i t may
think fit:
Provided that the Frnc lcvied under sab-section (41, shall :
not be waived.

(7) Savc as othenvise provided in this section, no Court shall :

entertain any suit, application or other proceeding for
injunction or other reliefagainst the Couri Oficer to restrin
him from raking any action or mahng any order in
pursuance of the provisions of this section.
(8) Every order made by the Court of Principal Judge on :
appeul and, subject to such order, the order of the Chief !I
Officer under sub-section (S),shall be final mdconclusive. '
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(9) Where no appeal has been prefen-ed against an ordcr

made under sub-section (5) or where an order under lhat
sub-section has been confirmed on appeal, whether wi th
or without modifica~ion,the person against whom such
order has bccn made, shall comply with the same within
the period specified therein or, as the case may be. within
the period, if any, fixed by the Court of rhe Principal Judge
on appeal, and on the failure of such person to comply
with such order with i n such period, the Chief Officer
may, require any Police OfFicer or any employee of the
Municipality LOseal such building after evicting all persons
therefrom to prevent its funher unauthorjsed use.

366. Power to Prevent use of premise in particular casc :-

( 1 The Chief Officer of a Municipality may, subject to thc
prjor approval of the Municipality, give public notice of
his intention to declare that in any area within the municipal
area of the Municipality specified in the notice no person
shall usc any premises for any purpose specified in such
notice land for reasons stated therein.
(2) Objection to any such noticc, shall be rcceived within a
periodof lhirty days from the piiblicstion of the notice.
(3) The Chief Officer shalI considcr all object ions received
within the pcriod as aforesaid, after giving any person
ati'ected by thc norice an opprtunity of k i n g heard during
such consider~tion,and may ~ c r c u p o nrnilkea d ~ l a ~ t i o n
in accordance w i h the notice published under sub-section
(I), with such modifications, i f any. as thc Municipality
may, think fit so, however, that ils applicarion is not
exlcnded.
(LC) Everysuchdeclm~onsl~idlbcpublishedinOiIicialGaze~~e
and in such other manner, ils the Municiyalily may
dclerrninc, and shall take effect from [he datc of i t s
publication in the Official Gazette.
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(5) No person shall, in any area specified in the declaration 1

published under sub-section (4), use ;my premises for any
specihedin the declaration and the Chief OPfIcer
shall have the powcr to stop the use of any such premises
by such means, as he considers necessary.
I
367. Theatres, circuses ctc. not to be established without 1
permission : -
(1) No person shall, without the written permission of the
Chief Officer of a Municipality or otherwise than i n
conformity w i h the con&lions, if any, of such permission, ,

which shall be granted subject to the provisions under '

section 370, uses, or permit to k used, or materially a1ter,

enlarge or extend the use of any premises in the
municipality area of the Municipalily for the purpose of
establishing or keeping open any theatre, cinema house,
drive-in theatre orcinema house,circus,fair,fete, exhibition
or dancing hall, or any other place of similar public resort,
recreation or amusement for any such purpose:
Provided that nothing in this section shall appIy 10 private 1
performance in any place.
(2) The Chief Officer may, specify any conditions for
providing, wit hi n the premises, space for the vendors
catering to the pubIic needs in connection with such
purposes.

368. Pcrmission in case of murkcts, sllops etc :-

(1) The Chief Officer of a Municipality may, From time to
time and with prior approval of the MunicipaIity, notify
that in the municipal area of the Municipality, no new
market or shop or trading premises shall be estabIished
or kept open to, about on a pubIic streer or portion
thereof,wilhout his priorpermission,which shall be subject :
to the provisions of the section 369.
The Chief Officer may refuse to give such permission wilh
Ij
(2)
due regard to the traffic constraints in the vicinity.
( 380
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(3) Norwithstanding the existence of any markets or shops

on any such street, such refusal of the Chief Officer shall
be final.
369. Permission in case of other non-residential usesor premtscs :-
(I) The Chief Officer of a Municipality may, from time to
time and with the prior approval of the Municipal, notify
such olher non-residential uses of premises (including thc
one for an educational building or an institutional building
or any assembly building or a business building or a
mercantile building or an industiial building or a storage
building or a hazardous buiIding), as are not provided for
in this Chapter and in the case of which, prior permission
of the Chief Oificer shall be necessary, subjcct to thc
provisions of section 370, for establishing, or matetially
or exrending lhe use of m y premises.
altering,oinenlal-ging,
(2) Thc Chief Officer may, refuse to give such permission i n
anycasc on theground that such case :-
(a) would be objectionable by reason of ~ h density
e
of population in the neighbourhood;or
@) would add to thc truffic constraints in Lhe viciniry
including parking spaces for vehicles; or
(c) would not conform LOother p~dominuntuses in
the neighbourhood;or

(d) would constitute a fire hazard: or

(e) would be a nuisance to the inhabilanls of (he
neighbourhood;or
(f) i n the case o f a hospiral or a clinic, would be
harmful to the patients due to noise or an
environment, which poses a health hazard; or
) , in the casc of an educational building, would
deprive the students of play grounds facilities, or
any other similar ground.
(381
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(3) Subjcct to any land use control under this Act or any :
other law for lime being in force, the decision of the Chief
Officer in refusing permission under this seclion, shall be
find. I-
370. Conditions for granting permission :-
(I) In the case of any premises for the use of which a license
or pelmission is required from [he Government, or [he
Cenlral or any other State Government, or any statutory
body under any law for the time being in force, the Chief
Officer of a Municipalily, shall not granl any permission
undcr this Act to any person until such pcrson produccs
befoie the Chief Oifrcer, the license or the permission from
such Government or stalutory body, as the case may be,
undsubmits duly authcnticaled copics thcrcof to him:
Pinovidedthar in h e case production of a municipal
pelmission is a pine-conditionfor the grant of a license or
permission under any other Ia~vfor [he time being in force,
ihe Chief Officer may, grant aprovisional permission,
which shall bccomc final only upon thc production of a
license or permission under the said law:
Provided further that such provisional prmission shall have
validity only ior the puipose or fulfilling any precondition
for the license or the permission under any other law as
aforesaid.

(3) No~wi~hsianding anylhing con tained in [hisAct, the Chief

Oficer may, whilc ,pnting prnission under this Chaptcr,
specify such special conditions, I-elevantto each case,
regaihdingdisposal of solid, liquid or gaseous wastes or
for painlungof vehicles or for loading or unloading of
goods or for abatemcn t or nuisance of any kind '

wha~soever,as he deems fit.

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CHAPTER Ill -
PLANNING AND' DEVELOPMENT

371. Preparation of schemes..

(1 ) Subject to the provisions of secdon 372, the Municipality
may, prcpare onc or more Town I mprovernent Schemes,
or Town Planning Schemes.

(2) A Town Improvement Scheme or a Town Plnnning

Scheme, may be prepmd for an m a wirhin r he territorial
jurisdiction of the Municipality for which no Town
Development Scheme under NasalandTown and Count~y
Planning Act, 1968 (4of 1966) has bcen prcpared or
implemenled.

372. Scheme to be in conformity with Master Plan :-

Nohvilhstandinganythingcontaincdin soction 37 1, when in respecr
of any ai-ea,a Masrer Plan has been prepared under thc provisions
of the Nagaland Town and Country Planning Acr, 1968 (4 o i
1966)no Town Irnprovcment Schcmc or Town Planning Scheme
prepared under this Act for such area or any pan thereof, shall be
valid, unless such scheme is in conformity with [heprovisions of
the Masler Plan.

373. Town Improvement Scheme :-

Subject Lo the provisions of sub-section (2) of section 371, where
as respect any built-up area within a municipal area, the
Municipality upon in Fonna~ionin its possession is satisfied,-
(a) that the buildings i n [hat arca arc by reason of disrepair or
sanitary defeck, unht for human habitalion or are hy rcason
of thcir bad arrangement, or narrowncss or bad
am~ngemenr.oT the streels or want of 1ight, air, ventilation
or proper conveniences, dangerous or injurious to thc
health of the inhabitants of that area; or
( 353 )
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I

(b) that bccause of bad layout or absolute or undesirablel

dwel Iings, renewal of such area is necessary; or i

(c) that there is need to create new or improvement means of

communication and Facilities for traffic, and that the most;
salisfactory method of remedying these defects is to frame
a Town Improvement Scheme in respect of such area,
the Municipality may pass a resolurion of its intention so
to do so.

Explanation.- For the purposes of lhis scctioo, the expression

"built-up a&" means that portion of a municipal areaof which the
greater part has becn developed as a business or residential area.

374. Matters to be provided in Town Improvement Scheme.-

A Town lmprovemenl Scheme may be provided for all or any of
the followingmattcrs, namely:-
(a) h e laying out or d a y i n g out land, either vacant oralreudy
built upon;
(b) the filling up or reclamnrjon or low lying swampy or
unhcal thy areas or leveling up of land;
(c) h e re-distribution of sites belonging to owners of property
compises in the scheme;
(d) he re-constitu [ion of pIots;
(e) heclosure or demolition of buildings or poriions of buitding
unfit forhuman habitation;

(0 the demolition of obstructivebuildings or portions hereof;

(g) laying out of new streets or mads, construction,diversion,

extension, attcration, improvement and closing up of
streets, roads and communications;
) the alignment of streets and prohibition of buildings wilhin
thc regular line of streets;
(i the conslruction, a1teration and removal of bridges and
other slructures;
( 384
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(j) the provisions for ~rifficinfrzlsrmctureand mnnagerncnt

for t~dfic;
(k) [heprovision for water supply, sewelage, su~faceor subsoi I
drainage and sewcnge disposal, street lighring and other
conveniences;
(1) provisions for open spaces;
(m) the construction and reconstructionof buildings;

(n) the reslriclion on the erection or re-ercction of buildings

or any class of buildings;
(0) the imposition oFcondi tions and reslrictions in regard to
the open space to be mainrained around thc building, the
percentage of building area for a plot, thenumber, height
and char~cterof buildi ngs allowed in specified areas, the
sub-division of plots, the discontinuance of objectionable
uses of land or buildings in any area for specified periods,
parhng spaces and loading and unloading spaccs for any
building and advertisementsigns;
(p) the prcscrvation and protection of objects of historical
importance or of national interest or natural bcauty and of
buildings ilctually used for religious purpose; and
(q) any other matter not inconsislent with the objects of this
Act and for which, in the opinion of rhe Municipality, it is
expedient to make provisions with a view 10 the
improvement of the area to which thc scheme relates.

375. Town Planning Scheme.-

I f all the landowners in a-locality,wilhin a municipal area, agree to
abide by the provisjons made in a Town Planning Schcme, and
such terms and conditions, as may be prescribed, the Municipali ty
may, for the purpose of planning and development of that locali ty,
prepare a Town Planning Scheme:
Provided that in any Town PIanning sc hcme prepared under this
section the m a earmarked for roads, parks, open spaces and othct-
public amenities shall not be less than 35 percent of the areaoFthe
land each of individual landowner covered undcr the Scheme.
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376. Matters to be provided in Town Planning Scheme.-

Subject LO [he provisions of section 375, a Town Planning Scheme
may, provide for all or any of the maltcrs, which may be provided
i n a Town Improvement Scheme and also For all or any of the I
following rniltlcm, name1y :-
(a) ~ h allotment
e or reservation of land for roads, open spaces, I
gatdens, recrea~iongrounds, schools, markels, industrial
and commercial complexes, p e n bclts, dairies, transport
facilities and public purposes of all kinds:
(b) undertaking housing schemes for difrerent groups,
development of cornmercjal arcas and industrial estates,
p~nvisionsfor communiry facilitics like schools, hospitals
and similar typcs of develop men^; and

(c) such other rnk~ttcrs,not inconsistent wilh \he objects of

illis Act, as may be pi-escribed.

377. Combination of schemes and malters which may be provided

in the scheme:-

(1) Aschemeundcr-thisactmaycombineoneormorctypes
of scl~ernes01-any special rezl~urcsthereof.

(2) A scheme under this zct may provide for all or any of the
following markrs, namely:-
(a) the acquisition under the Nagaland Land
(Requisition and Acqui tion) Act, 1965, as
nldificdby this Acl,of any landor any intcrest in
thc [and necessary foror arlected by the execution
of the schcnie, or a d j o i n i ~ l ga n y street
thoroughfare, open space to be improved or
formed under this scheme;
(b) the acquisition by purchase,lease, exchange or
othcnvisc, of such land or inrerest in land;

(c) the retenlion, letting on hire, leasc, sale exchangc

ordispos;il otherwise, of any land vested in or
acquired by the Municipality;
( 386 1
 LatestLaws.com

(d) [he ;ldv,mce to the owncrs of landcomprises within

[he scheme upon such terms andconditions us to
bc thc inrerest and Sinking Fund and othcnvise.
as may be specified in the scheme or the whole or
part of the capital required ior [he e~~eciion of
buildings in accordance with thc schemc; and
(e) t11c suspensions, so far as may be necessary for
the proper carrying out of thc scheme, of any rules.
bye-laws, regulations, noririciitions or ordcrs
made or issued undcr any Acr o f the State
Legislature or any of thc ACIS[hat the Slate
Legislature is competent to amend.

378. Procedure for preparation of Scheme.- I

(1) I F the Municipality considers i r necessary to prepare a

Town Improvement Schcmc or a Town Planning Schemc
it shall pass a resolution to [hat effect and direct the Chief
Officerof the Municipality to preparc adraft scheme.
(2) Each draft scheme shall, as soon as may-be, artel- it is
prepared, be submitted by thc Chief OfficeinLO rhe
Municipality for i ts approval.
(3) The Municipality may, either approve rhe drafl scheme
prepared by rhe Chicf ORicer wi thou[ notification or with
such modifications, as the Municipalily may consider
necessary or reject the draft scheme with directions to
the Chief Officer to prcpare a ires11 draft scl~crncin
accordance with such directions.
(4) Aftcr a draft scheme has been approved by the
Municipi~lity, (he ChieFOfPlcer shall publish ;inoticc in thc
official G:lzette stating,-
) the fact lhat the schemc has been framed;

(b) the boundaries of thc area comp~~ised

in the
scheme; and

(c) u place a1 which details o r ~ h scheme

e including a
statement of the land p~.oposedto be acquired
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and map OF the area comprised in rhe scheme, j
may be inspected at reasonable hours, and inviting :

objections, or suggestions, i f any, 10 the draft

scheme, which may be submitted within such
period. not being less than thjny days from he I
I

date of publication of the notice, as may be ,

specified in the nolice.

(5) A copy of the noticc shall be published in at lcast two
leading newspaper of which one shall be i n the regional
language and a copy of noticc shall be affixed in
conspicuous place at rhe office of thc Depuly
Commissione~.andat such other places as ihe Govcmment :

may direct.

(6) The Chief Officer shall consider every objecrion or

suggestion to thc draft scheme, which may bc received
by rhe dale specified in the notice under sub-section (4),
and shall record his opinion thcreon and place the draft
scheme rogerher wi th his opinion before [he Municipaliry. j
I
(7) The Municipality may, if it thinks it necessary to do so,
modify h e dxft scheme in conscquenceof such objections
or suggestions and shall submit the druft scheme as
orisinal ly prepared 01- ;ISso modified to the Government
for sanclion.

379. Sanction of scheme by Government. -

(1 The Govcmmenl may sanction either with or withour

modifications, or may refuse lo sanction, or may relurn
for reconsideration, any scheme submirred lo i t by the
Municipality under sub-section(7) of Scction 378.
(2) If a schcme returned for reconsiderationunder sub-section
(I), is modified by Ihe Municipal;ly, i t shall be republished
in accordance with the provisions of section 378.

(a) jn every c m in which~ h modification

c affects the
boundi~ricsof the area comprised in the scheme
or involves the acquisition of any land not
previously proposed to be acquired; and
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(b) in every other case, unless the modification is, in

the opinion-of the Government, not of sufficient
importance to rcquire republication.
380. Notification of sanction of scheme : -
(1) The Government shall notify the sanction OF every scheme
under his Act, anti h e Municipality shall forrhwith proceed
to execute such scheme.

(2) A notification under sub-section (I) in respect of the

scheme, shall be conclusivz evidence that the scheme has
been duly framed and sancrioned:
Provided that no such notificalian in mpect of any scheme
shall be issued after the expiry of a period of three years
from Ihedate of the first publication of nolice relating to
that scheme under sub-section (4)of section 377.

381. Alteration o l scheme after sanction :-

A scheme under this Chapter may be nltered by theMunicipalily
at any time, with the prior approval of the Govemmen t, between
the period of ib sanction by the Govemment and its execution.

382. Acquisition of land for scheme :-

(1) Upon the sanction of any scheme under this Chapter, a
Municipality may acquire any immovable property for the
purposes of the scheme, by a,greernent, and failing that by
acquisition under the provisions of the Nagaland Land
(Requisition and Acquisition) Act, 1965 as modified by
chis Act shall apply.
(2) All acquisition of land and interest in Iand for any scheme
sanctioned under this Chapter, shall be completedat least
upto h e stage of making of awards withina period of two
years from he date of thenotificationof the scheme under
section 380 and if in respect of any land, the acquisition is
not so completed the owner and occupier thereof, shall
cease to be subject to any liability under this Chapter.
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383. Power to makc surveys :-

The Chief Officer of a Municipality may, cause a survey of any
land to bc made whenevcr he considers [ha[ a survey is necessary
for ci~n-yingour any of the purposcs of this Chaprer. !
I

384. General Power to make surveys :-

The Chief Officer ofa Municipality may, with orwj thout assis~mls
or workmen, cnter into or upon any land in order, -
(a) lo make any inspection, survcy, mcrtsurement, valuation
or enquiry;
(b) to take levels;
(c) to dig or bore into the sub-soi 1;
(d) lo set o u boundaries
~ and the intendcd linc of work;
(c) to mark such levels, boundaries and lines by makings and
cutting Irenches; or
(f) doiinyotherthing;whencveritisnecessarytodosofar
any of the purposes of this Chapter, any ~ules
or regulations made [hereunderor any scheme sanctioned under
[hisChapter.

385. Abandonment of scheme :-

The Municipali ty may, at any time, \ ~ i priorl l ~ approval of the
Government, and in accordance with such conditions, as may be
imposed by the Government, abandon nny scheme notified under
sub-section ( I ) of sec tion 380, and upon such abandonment, any
land in respect of which, the acquisition is not complere upto the
stagc of making of award, and [he owner or the occupier of such
land, shall ccasc to be subject to any liability under this Chapter.

386. Power to dispose of land :-

Subject to such rules. as may be made under this Act, a
Municipality may retain, lease, sell, exchange or ohenvise disposc t
of, any land vested in, or ucqui red by it under this Chapter which i
is no longer required for a scheme framed under this Chapter.
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(2) Any person conlravening [he provisions of sub-section

(1) and any animal or articles exposed for sale by such
person, may be summarily removed from the market by
or under the ordcrs of the Chief Officer by a Police Officer i
I
or any officer or employee of the MunicipaIi ty authorized '
by the Chief Officerin this behalf.

389. Private markets and slaughter houses :-

1) No place other than a Municipal market shall be used as

a market unless such plnce has been licensed as market
by h e Chief Officcr of the Municipality under section 399.

(2) No place olher than municipaI slaughter house, shall be

used as a slaughter house:

Provided that nothing in his subsection shall be deemed,

i
(a) to restrict the slaughter of any animal in any place i
on the occasion of any religious fcstival or '
ceremony, subject to such conditions where non- I
compliance w i h which, shall be punishable under
this Act, as the Chief Officermay, by public 3r
special notice, impose in this behalf; or

(b) to prevent the Chief Officer from setting apart

with the sanction of the Municipality any place
for the slaughter of animals in accordance with
. religiouscuslom.

(3) The Chief Officermay in a c c o ~ c with

e such regulations
as may k made by the Municipality in this behalf, require
the owner or the occupier of any licensed private maket to
provide approach roads or passage or pavement, dr;ljn or
light the same or provide such conveniencm for the use of i
persons resorting to such markets, r~ he in.11 Jeem fit. I
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390. Prohibition of businessand trade near a market :-

(I) No animal or article shall be sold or exposed for sale by a
hawker or squatter within a distance of fifty metres from
the outward confines of any municipalmarket or licensed
privare market without the permission of the Chief Officer
of the Municipality.
(2) Any person contravening the provisions of sub-secrion
(1) and any animal or article exposed for sale by such
penon may be summarily =moved by or under the ordcrs
of the Chief Officer by a Police Officer or any officer or
employee o f the Municipality authorized by the Chief
Officer in this behalf.

391. Levy of stallage, rent and fee :-

TheChiefOFFicer of a Municipality may, -
(a) wirhin the municipal area of theMunicipality, charge such
stallage,rent or fee, as may, from time to time; be fixed by
the Municipality in h s khalf, -
(i) for the occupation or use of any stall, shop, stand,
shed or pen in a municipal market or municipal
slaughter-house;
0) for the right to expose articles for sale rh q
municipal market;
cii) for the use of machines, weights, scales and
measures provided for in any municipal market;
and
(iv) for the right to slaughteranimals in any municipal
slaughter- house, and for the feed of such animals
before they are ready for slaughter; or
@) from the stallage, rent or fee chargeable as aforesaidor
any pottion thereof for such period, as he may think fit; or
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{c) put up to public auclion, or disposc of by private salc, the

or using any skill,shop,stand, shed
privilcgc or occr~pyir~g
or pen in a municipal market or municipal slaughter-house
I,
for such paid and on such conditions, as he may think fit.
I

392. Stallage, rent etc. to be published :-

A copy of the ~ablcof stalfnge, rent and Fee, if any, chargeable in
any ~nunicipalmarkct or municiapl slaugl~ler-house,and of the .

regulations made under this Act for he purpose of controlling (he

use of such markel or slaughter Iiouse, printed in such language or
languages, as the Chief Officerof a Municipality may direct, shall
be affixed in someconspicuous place in h c marker or h e slaughter-
I~OUSC.

393. Power to expel person contravening regulations :-

(I) Thc Chief Ofricer of Municipality may, after giving the
parlies concerned an opporlunity of being heilrd and in ,

accordance with such rcgula~ions,; ~ may

s be made by the '

Municipality, -
(a) expcl from any municipal market, municipal
slaughter-house or-municipal stockyard, lor such
period, as he may think fit. any pcrson. who or
whose employce has k e n found contravening any
regulations made under this Act and in force in
such market, slaughter-house or stockyard;
(b) prevent such pel-sons, by himseIf or by his
ins
emp loyccs, from furthcr carry on any trade or
business in such market, sl:lughtes-housc, or
stockyard ul- occupying any stall, shop, standing,
shed. pen or other place thereon;
(c) closethcstallorshopofthepersonfoundtobe
i n default in payment of the stallages or rcnts or
any otherdues to the Municipality, iill payment is
made or recovered under thc provisions of this
Acr; and
( 394 )
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(d) deteimine any Icasc or tenure, which such pcrson.

may have in nny such stall, shop standing, shed
pen or place.

(2) If [he tenant or lhe agent of the tcnanr or the owner or thc
lessee of any p~ivatemarkct or slaughter-house,has bcen
convicted for contravcning any regulat ion made under this
Act, the Chief Officer may, requirc such tenant or agent
to remove hirnscl f from such market or slaughter-housc
wirhin such time, as may be mentioned in the requisition,
and if such tenant or agent fails to comply with such
reqiusidon, he may, in addition to any penally, which may
be imposed on him undcr this Act, be summarily rcrnoved
from such premises by the owner or the lessee thereof or
by the servant of such owner or lessee.

(3) If it appears to [he Chief Officcrthat in any such c&c the

owner or the lessee is acting in collusion with a tcnant or
an agenl, convicted as i~foresaid who fails to compIy with
any requisi~ionunder sub-scction (2),the Chief Officer
may, if he thinks f i t cancel [he Iicensc oP such owner or
lessee in respec1 of such premises.

Power to expel person suffering from dangerous disease :-

The person in charge of market shall prevent the cntry [hereinof,
and shall expel Uierefmm, any person, sulfering from my dangerous
disease, who sells or exposes for sale therein any article or who,
not having purchascd thc same, handles any urticlc cxposed for
sale therein, and the Chicf Oficer may expel herefromany Frson.
who is creating a dislurbance therein.

slaughter of animals
Power to inspect places .rvhereunla~vfuI
etc. is suspected :-
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(1) If the Chief Officer of a MunicipaIity or any person

authorized by him in this behalf, has reason to believe that '
in the municipal area of the Municipality, any animal
intended for human consumplion is being slaughtered or I
I

that the flesh or any such animal is k i n g sold or exposed

for sale in any place or manner, not duly authorized under
this Act, he may,7 at any time by day or njghr without
notice, inspect such place for the purpose of satisfying
himself as to whether any provision of this Act or any rule
or regulation made thereunder, is being contravened
thereat, and mAy seize any such animal or the carcass of :
such animal or such flesh found therein.

(2) The Chief Officer may,remove and sell by auction or

otherwise disposeof any animal orcarcass of any animal
or any flesh, seized under sub-section (I). I

(3) If, within one month of such seizur-e,the owner of the

animal, carcass or flesh fai Is to appear andprove his claim
to the satisfaction of the Chief Officer or if the owner is
convicted of an offence under this Act in respect of such
animal, carcass or flesh, the proceeds of any sale under
sub-section (2), shall vest in the MunicipaIity.

(4) Any person slaughtering any animal or selling orexposing

for sale (he flesh of any such animal in any place or manner
not duly authorized under this Act, may k arrested by
any Police OTficer without a warrant.

(5) No claim shall lie against any person for compensation

for any damage necessarily caused by any such entry or i
by the use of any force necessary for effecting such enlry.
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CHAPTER -V
MUNICIPAL LICENSES -

396. Premises not to beused for certain non-residentialpurposes

without municipal Iicense :-

(I) No municipal license shall be given in respect of any non-

residential use of any premises within the municipal area
of the Municipality which i s othenvise than in conformity
with the provisions of this Act or any other law for the
time being in force or the rules or thc regulations made
thereunder.

(2) Subject to the provisions of sub-section (I), no person

shall use or permit to be used any premises for any of the
purposes withoutorotherwise than in conformity with the
terms of a license granted by the Chief Officer of the
Municipality in this behalf, which, i n the opinion of the
Chief Officer, is dangerous to Iife, health or property or is
likely to create a nuisance.

(3) In prescribing the terms OF a license granted under this

section for the use of premises as mills or iron yard or for
similar purposes, the Chief OFFicer may, whcn he thinks
fit, require the licensee to provide a space or passage
within the premises for carts for loading and unloading
purposes.

(4) The Municipali ty shalI by regulation's determine the Cees

to be paid in respect of a municipal license to be granted
under this section, and may specify differen1 fees for
di f f e ~ ncategories
t of non-residenrial users in different areas
of a Municipality.
( 397 )
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I

(5) In [he case of a non-residcnti a1 use or any plerniscs for it

purpose for which o license or pelmission is rcqtired f!,orn
thc ~ o v c m m e n t ,or [he Ccnlral 01- any other State
Government,or any statutory body under ;illy I:lw for r11e
I
lime being in force, no pcrson sli;lll usc or pcrmi t LO be
used such prerniscs, unlcss permission in granted under
sub-secrion (1) of section 370.

(6 IN specifying [he terms of a license granted undcr this

section, thc Cl~icfOficer may, require the licensee ro rake
i l l [ or any or- such measures, as thc Chief Officer may .
deem fil to guard against dangcr ro lirelhealth or pi-operty
01. for thc nbntcment of nuisance of any kind.

(7) The Municipility may by regulalions dererrnine :-

(a) ~ v h c nrhc initial license is to bc tnkcn oul and [he

procedul-eor annual l-enewalthcreof;
I
(b) the matte~-sconncctedwirh the display of Iiccnsc,
inspection of premises, power of inspector,and
othermalters relating thcrcto.

397. Registers to be maintained :-

The Chidofficer shrill maintain two separate registers in such
form and in such m:lnncr, as may be prescrihcd, conraining lhe
follouinnginformation, nnmcly: -

(a) one register shall conlain 'premises wise'infoma~ionof

thc non-[csidentialuses; and

(b) one registcr shall contain such information, on \he basis of

different 'non-residential user groups,' for factories,
wn~-ehauscs, medical institutions, educational inslitutions
and olhers, as nxly be prescribed.
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398. Premises not to be uscd for keeping animals, birds ctc.

without license :
No pcrson shiill, within h e municipal rrrca, use or permit lo be
uscd any land or premiscs for keeping horses, cattle or othcl-
quadn~pedanimals or birds for transporiatiun, salc or hirc 01- for
c of the produce hel-cof wilhout 01-otherivisc than in
~ h sale
conformity with the lerrns of a licensc granted by thc Chief OPhcc~~
of the Municipalily on paymen1 of such fee, as may be detcnnined
by rulcs or regulations.

, 399. Municipal license for private markets :

1) The Chief Olliccr of a Municipality may, with the pl-iol-
approval of [he Municipality, gl-imr lo any person a
municipal Iicensc to establish or keep open a privaten~arkct
on prgmcnt of such fccs, its may bc determined by the
Municipality by ~gulationsand may specify such consistenr
with this Act, as he may dcern fit.

(2) When the Chief Officer refuscs to grant any license, he

shall recorcl a brief stalerncnt or the I-casonsTor such
rcfusal.
(3) The Chief OFFicer may, with the previous approval of he
MunicipaIity and Par reasons to be recordcd in \vriti ng, by
order, suspend a license in respecr,of a private markct For
such pcriod, as he thinks lit or canccl such licensc.

(4) A pri vale market of wliicl~the license has bcen suspndcd

or canceiled as aforesaid, shall be closed with cffecl Crom
such dale, as may be specified in the order or suspension
01-cancellation.

400. Prohibition ofkeeping market open without license, ctc. :

(1) No person shall keep open ior public use any market in
the municipal areaaf the Municipality in r-espect of which
a liccnse is required by or under this Act widlour obtaining
a license therefore or while the Iicensc therefore i s
suspended or after the samc has been cancellcd.
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(2) When a license to open a private market in the municipal
araofaMunicipality isgrmtedorrefusedorissuspendd I
or cancelled,theChief Office of the Municipality shall
cause a notice of such grant or refusal or suspension or
cancellation to be pasted in such language,or languages 1
I
as he thinks necessary in some conspicuous place by or
near the entrdnce to the place to which the notice elates.

401. Prohibition or use of unlicensed markets :

No person, who knows that any market has been opened to the
public without a license having been obtained therefore, when
such license is required by or under this Act, or that the license
granted therefore is for the time being suspended or that it has
been cancelied shall sell or expose for sale any animal or article in
such market.

402. License for hawkingarticles :

1
No personal shall, without or otherwise thun in conformitj with ,

the terms of r! license, granted by the chief Officer of the ,

Municipality in this behalf, -

(a) hawk or expose for sale in any place within the municipal
area of the Municipality any article whatsoever whether it
be for human consumption or not; or

(b) use in any place his skill in any h a n d d o r r e n d e r x ~ c e s

to the public for their convenience for the purposes of
gain or making a living.

403. License for sale of flesh, fish or poultry etc. :

(I) No pcrson shall, without or otherwise than in conformity
with ii license From the Chief ORicer of Municipali ty, carry
on within the municipal area of the Municipality the trade
o i a butcher, fish monger, poultcrer or importer of flesh
intended for human food, or use any pIace for the sale of
flesh, fish or poulrry in tcnded for human food:-
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Provided that no person shall sell or expose for sale any

flesh obtained from an Animal, unless the skinned carcass
of the animal is slamped in such manner, as the Chief
Officer may, by genenl orders made i n this behalf, require
in token of the fact that the animal has been slaughtered in
a municipal or licensed slaughter-house.
Provided further that no license shalI be required for any
place used for sale or Storage for sale or preserved flesh
or fish contained in air-tight or hermeticnlly sealed
receptacles.

(2) The Chief Officer may, by order and subject to such

conditions, as LOsupervision and inspection, as hc thinks
fit to impose, grant a municipal liccnsc, or may, by order
and for reasons to be recorded in writing, refuse to grant
the same.
(3) The Municipalily shall by regulations determine the
procedure for the issue of license and its renewal.
(4) If any place is used for the sale of flesh, fish or poultry in
contravention of the provisions of this section, the Chjef
Officer may stop the use thereof by such means, as he
may considernecessary.
404. Seizure of certain animals :
(1) If any horses, cattle or otherquadruped animals or birds,
kept on any premises in contravention of the provisions
of section 398, or are found abandoned any roaming or
tethered on any streer or public place or on any land
belonging to the Municipality, the Chief Officer of the
Municipality or any officer e m p o w e ~ dby him, may scize
them and may cause them to be impounded or removed
to such place, as may be appointed by [he Government
or the Municipality for this purpose, and [hecost of seizure.
of these animals or birds and of impounding or removing
them andof fecding and warering thcm shall be recoverable
by sale by auction of thesc animals or birds.
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Providcd !hat anyone claiming such animal or bird may,

within seven days of the seizurc. gel them relensed on his
paying all expenses incurrcd by h e Chief Officer in scizing,
impounding or removing and in feeding and watering such
unimirl or bird, and on his producinga license for keeping
these animals and birds issued under the provisions of
section 398.
Whenevcr the Chief Olficeinisof opinion that rhe user of
any premiscs for any of [he pu~poscsreferred to in sub-
section (2) of scction 396 is causing a nuisance and such
nuisiincc should Ix immediately stoppd, the Chief Officer
may, order he owner orihe occupicrof lhe premises, to
srop such nuis:lnce within such lime ns may be spccificd
in Iheordcrand in theevent of the failureof f he owner or
occupier to comply with such order, the Cliief Officcr
may himsclf or by an office~~subordinate to him, cause
such user to be sropped.

(3) Without prejudice to lhe iuregoing provisions of this

section, any pcrson by whom or at whose instance any
horscs, cattlc or other quadruped animals or birds, are so
kept, abandoned or lelhered, shall also bc punishable under
this Act.

405. Power of Chief OIficer to prevent use of premises in

particular area for purposes referred to in section 396 :

(1) . The Chicf Oficcr of a Municipnlity may, g~vc public notice

of his intention to declare that inany arca specified in the
noticc, no pcl-son shall use any prcmises for any of the
purposcs referred LO in su b-section ( 2 ) of sec~ion396
which may be specified in such notice.

(2) No abjections to itny such dcclaralions shall be received

afiero pcridof one rnonrh from the publication of thenotice.
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(3) The Chief Of~iccrshnllconsidcr all objcctions rcccived

wjlhin [he said pcriod, giving any person, affcctcd by the
notice, an ~ ~ ~ o r t ofu bcingn i ~ hcnrd
~ during such
consideration, and n ~ a ythereupon make a declaiarion in
accordrrncc with the notice publislicd undcr sub-section
(I), with such modifications, if any, as he may think tit, but
not so as to extend irs application.

(4) Eve~ysuch declaration shall be published in the official

Gazette and in such otheinmnnneriis the ChjeTOTficer
may dctcrmine, and shall lakc effcct from thc datc of its
publication in thc oficial G;lzcttc.
(5) No personal shall, in any a1-mspecified in any declaration
published under sub-section (4) of this secrion, use any
premises for any or [he purposes referred to in section
396 specified in the rlecla~zltionand the ChieFOfficershall
have [he pourer to slop the use of any such premises by
such mcans, as he considers necessary.
(6) No personal shall, in any alcn specifrcd in ;iny dccI:u-;ttion
published undersub-section (3)of this seclion, use any
premises for any ot-lhc purposcs rcPcmcd to in scction
396 specified in the declnmlion and [he ChieFOficcrshall
have the power to stop the use of any such premiscs by
such means, 3s heconsiders necessary.

406. Power to stop use of prcmiscs used in contravention of

license :-
(1) If thc Chief Officet.of a Municipalily is of ~ h opinion
c
that any premises within ttic municipal area or Lhe
Municipalily is being uscd for n non-residenliat puipose
without a rnu~~icipal license or otherwise than in
conformity with the terms oFmunicipal liccnsc gr~ntcdin
respect thereof, he may stop [he use of any such prcmises
for any such purpose for a specified period by such
means, as he may considernnecessary.
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(2) If a person continues to use any premises in contravention

of the provisions of sub-section(I), the Chief OXcer may,
notwilhstanding any other action that may be hken against
such person under this Act, levy a continuing fine in
accordance with thc provisions of sub-section (4) of
section 365. .

407. Power to seize food or drug, etc. :-

(1) The Chief OKicer of a Municipality, or any officeror

employee of the Municipality authorized by him in this
behalf may, at any time by day or night without notice
inspect and examine any food or drug of any utensi t or
vessel used for preparing manufacturing or storing such
food or drug.
(2) If upon such inspection or examination any such food or
drug is in thc opinion of the Chief Officer or the OFficeror
employee authorized by him in this k h a l f , unwholesome
or unit for human consumption, or is not what it
represented lo be or if any such utensil or vessel is of such
kind or in such state, as to render any food or drug
prepared, manufactured or stored therein, unwholesome
or unfit for human consumption, he may seize, sea1 or
carry away such food or drug or utensil or vessel.

(3) If any food or drug seized under sub-section (2),is, in the

opinion of the Chief Officer,unfit forhuman consumption,
he shall cause the If any same to be forlhwith destroyed in
such manner as to prevent i Is being again exposed for
sale or used for human consurnprion and the expenses
thereof,shnl I be paid by [he person in whose possession
such food or d ~ u gwas at the lime of its seizure.
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CHAPTER - VI
DISTRICT PLANNING COMMITTEE

407. A. Constitution of District Planning Committee:

(1) There shaIl be constituted at the District IeveI a Dis~ricl

Planning Committee to consolidate h e plans prepared by
the village councils and the municipalities in the district
and to prepare a draft plan for the district as a whole.

(2) The District Planning Committee shall compose of the

members of h e existinginsritution of theDis~ctPlanning
and Development Board of the District.
I

Provided that wherever [hemunicipalities are established

i
under the provisions of this Act, the words 'chairman of
Town Committee' appearing in the constitution of he said
District Planning and Development Board shall bc rcnd
as to include the Chairperson of a MunicipaI Council or
I
Town Council as the case may be.

(3) Notwithstanding the provision of the said sub-sexlion (Z),

the State Government may further prescribe, by
notification, the composition of the District Planning
Committee in this behalf.

(4) The Deputy Commissioner, in his absencc the Add tional

Deputy Commissioner, shall discharge the functions of h e .
Chairman of the District Planning Committec.
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407. B Function and duties :-

(I) The functions bf the ~ i s t r i cplanning

t ~ o m m i i r e shall
e
include such mauct-sin relation to Dislrict Planning as may
I

be iuflher assigned by thc S tatc Govcmment. I

I
(2) Evcry Disllict Planning Cornmillee shall, i n preparing the 1
draft development plan, -

(a) have regard lo -

(i) mattcrs of common interesr beliveen the Village

Councils and the Municipalitiesincluding special
plannin~.sharing of water andotheihphysicaland
nat u ~ iresources,
l the inte,ared developmcnt of
infraslrucrurc and environmental conservalion,

(ii) the extent and type of available ksourccs whether

financial or olhenvise,

(b) Consult such jnstilu~ionsand organi7ationsas the

Governor may, by order, specify.

(3) The Chairman of cvcry District Plii~lningCommirtee shall

fonvard [hedevelopment pl;in, as rccomrnended by such
Committee, to Ihe Government of thc Stntc.
 LatestLaws.com

PART - VII
COMMUNI7Y HEALTH
CHAPTER I -
DISPOSAL O F THE DEAD

408. Power to caIl for information regarding burning and burial

ground :-
The Chief Oficer of a Municipality may, by notice in wiring, ~ q u i r e
the owner or [he person in charge of any bu tning or burial ground
to supply such in fontladon asmay be spcci ficdin the nolice relating
to the condition management or position of such burning 01. burial
ground.

409. Provisions for new places for disposal of the dead, -

(1) If;~nyexistingplaceforthedispsalofthedeadwi~hin~he
municipal are at any time appears lo be insufficient, the
Municipality shall, subjeci to the provisions of thc
NagalmdTown and Counlry Planning Act, 1966,provide
other proper and convenient place for thc said purpose
either within or outside the municipal area of the
Municipality.

(2) All lIie provisions of his Acr or the rules or the reguli~tions
made there unde~;shall apply to any place provided under
sub-secLion ( I ) outside [he municipal area and vcst i ng i n
LheMunicipnlityas if such place were situated within the
municipal arca of the Municipali~y.

410. Permission for opening new pIace for disposal of the dead
or reopening of place, -
(I) No pIacc which has not previously been lawfully used as
;I placc for [he disposal of the dcad shall bc opcncd by
 LatestLaws.com

any person for the said purpose excect in conformity with

the provisions of h eNagalmd Town and Country PIanning
Act, 1966,and without thc written permission of the Chief
OFFicer of the Municipality who, with the approval of the
Municipality, may grant or wi thhold such permission.
(2) Such permission may be subject to such condi tions as the
Municipality may think fit to impose for the purpose of
prevenling any annoyance to, or danger to the heaIth of,
any person residing in the neighborhood.
(3) No place for the disposal of the dead, which has fallen
into disuse, shall be used again as such.

41 1. Power to require closing of buming and burial grounds :-

(1) The Municipality, may, by public notice, order and if so
directed by the Government, shall within one month of
the notification of such direction, be deemed to have
ordered, any buming or burial ground situated wi thin the
Municipalityor wilhin one mile thereof, which is certified
by the Municipality Healrh Officer to be dangerous to the
health ofpersons living in theneighburhood to be closed,
from a dale to be specifiedin the public notice, and shall
in such case, if not suitable place for burning or burial
exis'is within a reasonabledistance, provided a fitting place
for the purpose.
(2) No corpse shall be burnt or buried or ollierwise disposed
of at the burning or burial ground or place i n respect of
which notice has been issued under this section.
(3) Private burial places in such burial grounds may be
excepted from h e notice, subject to such conditions, as
the Municipali ty may impose in this behalf. Provided h a t
h e limits of such burial places are suficiently defined and
[hey shall only be used for the burial of the members of
the family of the owners thereof.
( 408
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412. Removal of corpse :-

The Municipality may, by public notice, specify the routes for the
removal of corpse to burning or burial ground.

413. ' Power fo direct reopeningofany place closed for the disposal
of the dead :-
(1 ) If, at any time afrer personal inspection, the Chief Officer
of a Municipality is of the opinion that my place fonerly
used for the disposal of the dead, which has been closed
under the provisions of the Chapter or under any other
law for the time king in force, has by lapse of time k o m e
no longer injurious to heaith and may without
inconvenience or risk or danger, be again used for the
saidpurpose,he may submil his opinion as aforesaid with
the reason therefore to the Municipality.

(2) Upon the receipt of such opinion, the Municipality after

such further enquiry i f any, as it may deem fit to cause to
be mads may direct that such place be reopened for the
disposal of the dead. I
I
414. Prohibitions regarding burial within places of worship and
exhumation, -
(I) No person shall, without written permission of the Chief I
I
Officer of a Municipality under sub-section (2), -
(a) madeanyvaultorgraveorintermentwithinany
wall, or underneath any passage, porch, portico,
plinth or verandah, or any place of worship;
@) make any interment or otherwise dispose of any
corpse in any place which is closed under section
411.

(c) Build, or cause to be built or dug any grave or

vault, or in any way dispose of, or suffer or permit
to be disposed of,any corpse at any place, which
is not prmitted under this Chapter.
 LatestLaws.com
Exhume any M y from any place for Ihe disposal
(d)
of the dead, except under the provisions of the
Code-of CriminaI Procedure, 1973 (Act 2 of
I
1947),oranyotherlawforthetimebeinginfo~e.
(2) TheChiefOfficermay,ins~ialcases,grantpemissionI
for any of h e purposes ar afomaid,subject to such general
or special orders, as the Government may, from time to i
time, make in this behalf.
(3) Any contraven~ionof the provisions of sub-section (1) ,
'

shall be deemed to be a cognizable offence within the

mean]ng of the Code of Criminal Procedure, 1973 (Act 2 1
of 1974).

415. Acts prohibited in connection with disposal of dead, -

No person shall, -
(a) retain a corpse on any premises, without burning, burying
or otherwise lawfully disposing of the same, for so longa
time after death as to create a nuisance;
(b) carryacorpseorpartofacorpsealonganystreetwirhout
having and kwping the same decently covered or without
. taking such a precautions to prevent risk or infection or
injury to the community health, as the Chief Officerofthe
Municipality may by public noiice from time to time, think
fit torequire;

(c) except when no other route is available, carry a corpse or

a part of a corpse along any street along which carrying
of corpses is prohibited by a public notice issued by the .

Chief Officer in this k h a l f ;

(d) remove a corpse or part of a corpse, which has been
kept or usedof purpose ofdissection,otherwise,than in
a closed respectable or vehicle;

(e) ' while conveying a corpse or part of a corpse, place or

leave the same on or near any street without urgent
nscessity;
C 410
 LatestLaws.com

(f) bury or cause to be buried any corpse in the grave or

vaulr or otherwise in such manner, as may cause the surface
of the t o f i n or, when no coffin is used of the corpse or
part of the corpse to be at a depth of less than two meters
horn the surface of the ground;
(g) buildordig,orcause to be built ordug, any grave or vault
in any burial ground at a distance of less than one haIf of
meter from the margin of any other grave or vault;
) buildordig,orcausetobebuiItordug,agnveorvauItin
any burial p u n din any line not markedout forthis purpose
by or under the order of the Chief OKicer, and
(i) withouc the written permission of h e Chief Officer, reopen
for the interment of a corpse or of any pm of a corpse, a
graveor vault already occupied.
416. 1)isposaI of dead animals :-
(I) Whenever any animal in charge of any person dies, the
person in charge thereof shall, within twenty-four hours,
either, -
(a) convey the carcass to a place provided or
appointed for this purpose under section 279 for
the final disposal of carcasses of dead animals,or
(b) give notice ofthe death to the Chief Officer of the
Municipdity, whereupon he shall cause the carcass
to be disposed of.

(2) In respect of the disposal of the carcass of zl dead animal

under clause
(b) ofsub-section (1) the Chief Officer may charge
such fee, as may be determined by the
Municipahty by regulations.
(3) Whenever any dead animal does not belong to any person,
the Chief Officer shall act immediately for causing the
carcass to be disposed of.
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CHAPTER - I1
RESTRAINT OF INFECTION

417. Disposal of mad and stray dogs and other animals, - i

(1) The Municipality may, -
(a) authorisedanyperson,-
(i) ro destroy, or cause to be destroyed, or confine, ,
or cause to be confined for such period, as the :
Municipality may direct, any dog or other animal
suflering,,or reasonabl y suspected to be suffering
from rabies, or bitten by dog or other animal
suffering or suspected as aforesaid;

I ) to confine,or cause to be confined any dog found

wandering about streets or public places without
collars or other marks distinguishing them as
private property, and charge a fee for such
detention and desl~oyor othenvisedisposeof any
such dog i f it is not claimed within one week, and
the fee is not paid; or

(b) issue a temporary or standing order that any dog

withoutcoll.morother marks distinguishingthem
as private property, found straying on the streets
or beyond the enclosures of the houses of the
owners of such dogs, may kdesmyed or caused
them to be destroyed accordingly.

(2) Public notice shall be given by the MunicipaIity of any

such order referred to in clause (b) of sub-section ( I).
(3) No damages shall be payable by the Municipality in
respect of any dogs or other animals destroyed or
olhenvise disposcd of undcr this section.
(412
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418. Municipality to take measures for prevention and checking

of dangerous diseases :-
The Municipality may take such mensurcs, as are necessary for
preventing orchecking the spread of any dangerousdiseilsc in the
municipal area or of any epidemic disease among any animals
therein.

419. Power of Chief OfFicer to inspect a place and take measures

to prevent spread of dangerous disease :-
The Chief Officer of a Municipality may, at any time, by day or by
night, and without notice, or after giving such notice of his intention,
as shall, in the circumstances, appear to him to be reasonable
inspect any place in which any dangerous disease is reportcd or
suspecred to exist and take such measures, as he may ~ h i n kfit to
prevent the spread of such disease beyond such places and shall
forthwith send information hereof to the Govcrnmenr, the Deputy
Commissioner and the senior most runclionary of the Health
Deparbnenr of thc Government in theDistrict.

420. Removal to hospitals of patients suffering from

dangerous disease: -
When fitly persolr srffferilrgfronr darlger-ofis diseuse is forurd
to be, -

(a) without proper lodging or accommodation; or

(b) living in a room or house which he neither owns or pays

rent of, nor occupies as a gueslor relative of the person,
who owns, or pays rcnt for it; or
(c) living i n a sarai, hotel, boarding house or other public
hostel; or
(d) lodged in the premiscs occupied by members of two or
more families, the Chief Officer of the Municipality or any
person aulhorized by him in this behalf, may, on the advice
of any Medical Oficer, remove [he patient to any hospital
or place at which person suffering from such disease are
received for medical treatment and may do anything
necessary for such removal.
( 413 1
 LatestLaws.com

421. Power of Chief Ofiicer to disinfect building, tank, pool or

well, -
(1) If the Officer of a Municipality is of the opinion that the I
clearing or disaffectionof any building or any pan hereof
in the municipal area or of any anicle in such building or
part thereof, which are likely to retain infection, orthc
renewal of plastering of the walIs thereof orthe disaffection
of any tank, pool or well, adjacenr to a building would ,
tend to prevent or check the spread of any dangerous i
disease, he may by notice require the owner or mcupier i
to cleanse and disinfect such building or part thereof or i
article or tank, pool or well or to rcnew such flooring and
,if necessary such platering also with such time, as may
be specified in the notice.
(2) The Chief Oficer may,if he thinks fit, cause suchcleansing
ordisinfecuon to be done by employees of theMunicipalily
and may require the occupicr or such building or part
hereof lo vacate thc same for such timi, as he may specify
in a written notice.
(3) The cost of cleansing or disinfecring under sub-section
(21, shall be paid,-

(a) i n the case of any buiIdi ng or any p;lrt thereof or

any article contained therein, by the occupier of
such building or part thereof;and

(b) in rhe case of any tank, pool or well, adjacent to

a building by the person in aclual possession of
such tank, pool or well or, if there is no such
person by the owner of such tank, pool orwell.
Provided that if, in the opinion the Chief Officer
such occupier or person or owner is, owing to
proverty unable to pay [he cost, the Chief Officer
may direct the payment, thereof to be made from
the Municipal Fund to the Municiyality.
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422. Power to close lodging and eating houses :-

The Municipality may, on being satisfied that it is in thc public
interest to do so, by written order, direct that any lodging house
or any place in the municipal area whece articlcs of food and drink
are sold or prepared, stored or exposed for sale being a lodging
house or place in which a case of dangerous disease exists or has
recently occurred, shall be closed for such period, as may be
specified in the order:
Provided that such lodging house or place may be declared to be
open, if the Municipal Health Officer certifies that it has been
disinfected or is free from infection.

423. Power to inspect places for sale of food or drink etc., and
seize unwholesome articles exposed for sale :-

(1) The Chief Officer of the Municipality or any person

aulhorized by theMunicipality may, at all reasonabletimes,
enter into and inspect any market, building, shop stall or
pIacc used for the sale of food or drink, or as a slaughter
house, or for the sale of drugs, and inspect and examine
any food or drink, animal or drug, which may bc therein,
and if any article of food or drink, or any animals therein,
intended for the consumption of persons appears to be
unfit therc for, may seize and remove the same or may
cause it to be destroycd or to be disposed of as to prevent
its being exposed for sale or used for such consumption.
In case it is reasonably suspected that any drug is
adulterated in such manner, as to lessen its efficacy or to
change its operation or to render it noxious, the Chief
Officer may cause to remove the same, giving a receipt
there for, and to cause the owner thereof to bc brought
before a magistrate for enquiry whether any offence has
been committed in rcspect thereof, and for orders as to
the disposal of the said drug.
 LatestLaws.com

. Special measures in case of outbreak of dangerous or

epidemic diseases. -
(1) In the event of any municipal area or any part thereof
being visited or threarened by an outbreak of any
dangerous disease among the inhabitants thereof or of
any epidemic disease among any animals therein, thechief
Officer of the Municipality, if he thinks that the other
provisions of this Act and the provisions of any other Iaw
for the time bcing i n force are insu Fficient for the purpose,
may, with the previous approval of the MunicipaliLy,-

(a) take such special measures; and

(b) by public nolice, give such directions lo be '

observed by the public or by any class or section

of the public, as he thinks necessary lo prevent
the outbreak of this disease;
!
Provided that, where, in the opinion of the Chicf
Officer, immediate measures arc necessary, he
may take aclion without such approval and, if he
does so, he shall forthwith report such action to
the Municipdity.
(2) No person shall commit a breach of any direction given
under sub-section (1) and if he d m so, he shdl be deemed
to have commilted an offence under section 188 of the
Indian Penal Code, 1860 (Act 45 of 1860)

425. Disposal of infectious corpses :-

Where any person has died from any dangerous disease in any
municipal are4 the Chief Officerof the~ZlIunicipalitymay, by notice
in writing, -
(a) require any person having charge of the corpsc to convey
the same to mortuary and thereafter to be disposed of in
accordimce w i ~ hlaw; or
 LatestLaws.com

(b) l corpses from the place where dealh

prohibit t h e ~ m o v aof
occurred except for the pulpose of being burnt or buried
or being conveyed to a mortuary.

426. The Municipality may, as and when the Government so

-
directs, shall,
(a) provide proper places within the municipal area with
necessary atlendants and apparalus for the disinfections
of conveyances, clothing, bedding and other Wicles, which
have been exposed to infection; and

@) cause conveyances, clothing and other articIes brought

fordisinfectionsto be disinfected either free of charge or
on payment of such charge, as i t m i y Fix.
(2) The Chief Officer may notify places at which arzicles of
clolhing, bedding andconveyancesor oher articles,which
have been exposed to infection, shall be washed and, if
he does so, no person shall wash any such thing at any
place not so notified without having p~viously disinfkcred
such thing.

(3) The Chief Officer may direct lhe deslruction of any

clothing,bedding or other articles likely to retain infection,
and may give such compensation, as he thinks fit for any
articles so destroyed.

427. ~ontaminafionand disinfectionsof public conveyance. -

(I) Whoever, -

(a) uses a public conveyance whiIe suffering from a

dangerous disease; or .

(b) uses a public conveyance for caniagc of a pcrson,

who is sufiering from any disease; or
 LatestLaws.com

(c) usesapublicconveyancefortheca~ageofthe
corpse-of a person, who has died of any such
disease, shall bebound to take proper precau~ions
against the communication of the disease to o~her
persons using or who may thereafter use the
convcyance and to intimate such u s t o the owner,
driver or person i n charge of the cbnveyance md
report without delay to [he Chief Officerof the
Municipality rhe registration number of the
conveyance and the name of the person so
in timated
(2) Where any person suffering from or the corpse of any
person, who has died of, a dangerous disease has been
carricd in public convcyance which ordinarily plies in khe
municipal area or any pan thereof, the dri ver thereof shall,
forthwith repor-t the fact to the ChierOfficer, who shall
forthwith cause the conveyance to be disinfected, if that
has not already been done.

(3) No such conveyance shall be again brought in use until

the Municipal Health Ofricer has granted a certificate
stilting that it can be used wikhout causing risk or infection.

(4) Whoever fails to make to the Chief Officerany report,

which he is required to makc under this section shall be
guilty of an offence punishable under this Act.

128. Driver of a conveyance not bound to carry person suffering

from dangerous disease :-
Notwithstanding anything contained in any law for the time being
in force, no owner, driver or person in-charge of a public
conveyancc shall be bound toconvey or to allow to bc conveyed
in such conveyance in or in thc vicinily of any municipal m a any
person sufferingfrom a dangerous disease or the corpse or any
person, who died from such disease, unless such person pays or
tenders a sum sufficient to cover any loss and expense, which
would ordinarily be incurred in d i i n fcc~ingtheconveyance.
(418 )
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429. Infe~tedbuilding not to be let without being first disinfected. -

(I) Where in any municipal area any building or part of a
building is intended to be let an in which any person has,
within six weeks immediately preceding, been suffering
from a dangerous disease, the person letting the building
or part thereof shall, before doing so, disinfec~the same
together wilh all articles thercin liable to retain infection in
such a manner, as the Chief Oficer of the Municipality
may by general or special notice direct.
(2) Forthepurposesofthissection,thekeeperofahotel,
Idging house or smi shalI be deemed to let to any person,
wha is admitted as a guest therein, that part of the building
in which such person is permitted to reside.

430. Disposal of infected articles without disinfection :-

(I) No person shall, without previous disinfection of ~ h same,
e
Bve, lend, sell, trmsmi t or otherwise dispose of to another
person any article or thing which he knows or has reasons
to believe, has becn exposed to contamination by any
dangerous disease.
(2) Nothing in sub-section(1) shall apply ton person who
transmits, with proper precautions, any such articles for
the purpose of having the same disinfected or medically
examined.

431. Infected clothes not to be sent to washerman or laundry :-

(1) No person shall send or take to any washerman or to
any laundry or to any place set apart for the excrcjse for
washeman of their calling for h e putpose of being washed
or to any place for the purpose of being cleansed any
cloth or other article, which he knows to have bcen
exposed to infection from a dangerous disease, unless
such clolh or article has been disinfected by or to (he
satisfaction o f the Chief 0 ficer of the Municipality.
(419 1
 LatestLaws.com

(3) The occupier of any building in a municipal area. in which

a person is suffering from a dangerous disease shall, if
required by the Chief Officerfurnish to him in the address
oFany washerman to whom or any laundry or other place
to which clothes and other articles from (he buiIding has
been, or will be sent during the continuanceof the disease,
for the purpose of being washed or cleaned.

432. Prohibition of making or selling of food, etc., o r washing or

clothes by infected person :-
No person while suffering from or in circumstances,in ~ h i he
d is~
likely to spread, any dangerous disease, shall, -
tu) mnke,carryorofferforsale,ortakeanyparlinthe
business of making, carrying or offering for sale,any article
of food or drink or any mcdicine or drug for human
consumption ormy articleof clohing, kdding for personal
use or wear; or

(b) willfully touch any such article, medicine or drug, whcn

exposed for sale by others; or

(c) toke any part in the business or washing or carrying of

clothes.

433. Obligation to give information of dangerous disease and

duty of persons suffering from dangerous disease :-
(I) Any person being in charge of or in artendance whether
as a medical practitioner or otherwise, upon any person
whom he knows or has reason to bclieve to be suffering
from a dangerous disease, or being the owner, lessee, or
occupierof my building in which he knows thal any such
person is so suffering, shall forthwith give infomalion in
r e s ~ cof
t the existence of such disease Lo the Chief Officer
of [he Municipality.
( 420 1
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(2) No person shall, -

(a) knowing that he is suffering from a dangerous

disease exposc other persons to the risk of
infeciion by his presenceor conduct in any public
street or public place;

(6) having the care of a person whom he knows to

be suffering from a dangerous disease, cause or
permit such person to exposc other persons lo
h e risk of infection by his pmence or conduct in
any street or place as aforesaid;

(c) pIaceorcausetobeplacedin;1dustbinorother
receptacle for the deposit of rubbish, any matter,
which he knows to have k n exposed to infection
Prom dangerous disease and which has not been
disinfec~edproperly; and

(d) throw or cause to be thrown into any la~rineor

urinal any matter which he knows to have been
exposed to infection from a dangerous disease
and which has not k n disinfected proply.
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CHAPTER Ill -
SANITATION AND PUBLIC SAFETY
DUTIES AND GENERAL POWER

434. Duties of Municipality in relation to sanitation and public

safety. -
Save as othenvise provided in this Act, the Municipality shall take
adequate measures For each of the following matters, name]y: -

(a) inspsction, supervision,regulation andcontml of premises

to ensure proper environmental sanitalion;
(b) regulation of public bathing and washing;
(c) provision of and maintenance of public conveniences;
(d) licensing of animals andcontrol of stray animals;
(e) licensing of butchers and slaughter-houses; and
( Control of nuisances.
435. Power fo inspect premises for sanitary purpose :-
Subject to such regulations, as may be made in this behalf, the
Chief Officerof a MunicipaIily may cause any building or other
premises to be inspected for the purpose of ascertaining the sanitary
condition thereof.
436. Power to requirecleansing and lime washing of mthy building
or land. -
The Chief OFFicerof the Municipality may,by notice, require the
owner or occupier of any building or land or any part thereof
within the municipal area, which is in afilthy or unwhoIesome state,
to cleanse the same or otherwise put it in in a proper state within
twenty four hours and thereafter to keep it in a clean and proper
state and if it appears necessary for sanitary purpose to do so,
may at any time, by notice, direct the occupierof any building to
lime-wash or othenvise cleanse the said building inside and outside
in the manner and within a period to be specified in the notice.
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437. Power t o require removal or improvement of huts and I

sheds. -
I f the Chief Officer of the Municipality is of the opinion that any I

hut or shed used either as adwetling or as a stable or for any other

purpose is Iikely by reason of its being built without a plinth or
upon a plinth of insufficient height or without proper means of
drainageorventiI~~ionoronnccountoftheinipraclicabilityof-
scavenging, or owing to the manner in which it and other huts or
sheds or crowded together to cause risk of disease to the inmates
thcreof or,cothe inhabitants of the neighborhood oris for any
reason likely to endanger the cornmuniry health of safety, he may
by writlen notice, which shall be amxed to some conspicuous part
of such hut or shed, require the owner or occupier thereof or the
owner or the land on which such hut or shed stands, to remove or
alter such hut or shed or to take such order for the improvement
thereof as the Chief Officer deems,necessary.

438. Power to stop improper use of land or building. -

1f within any municipal area any land or building by reasonof its
being abandoned or unoccupied, -

(a) is in a filthy or unwholesome state;or

(b) has become a resort of, -
(i) idle and disorderly person; or
(ii) persons who have no ostensible means o f
subsistence or cannol give satisfadoq account
of themselves; or ., -.

(c) is used for or irnmoml ijb$oses; or

(d) otherwiseoccas~onsorislikelyto~casionanuisance,
the Chief Officerof the Municipality may, after due enquiry,
by notice i n writing, require the owner or part-owner or
any person claiming to be the owner or part-owner of
such land or building, or the lessee or any person claiming
to be the Iessee thereof to. -
 LatestLaws.com

(i) secure, enclose, cleanse or clear such land or

building; or

Oil stnp using such land or building for gambling or

immoral purposes;or
oii) abate Ihe nuisance,
within such time, as mzly be specified in Ihe notice
and shall affix a copy of such notice on the door
of the building or on some other conspicuouspart
of the land, as the case may be.

439. Power to prohibit use for human habitation of buildings unfit

for such use :-
Notwithstandinganythingcontained in section 359, if any building
or any part of any building within the municipal m a appears to
the Municipality to be unfit for human habitation in consequence
of the want of proper mcans ofchinage or ventilation,or for any
sufficient reason, theMunicipditymay, by notice,pmhbi t the owner
or occupier thereof from using the same for human habitation, or
suffering it to be so used until it has been rendered fit for such use
to the satisfac~ionof the Municipality, and no such owner or
mupier shall inhabit such building orsuffer it to be inhabited unQ1
the Municipality shall have informed in writing, the owner or
occupier that the prohibition has been withdrawn.

440. Prohibition of cinematographs and dramatic performancm

except in Iicensed premises :-
(1) Noexhibitionofpictu~sorotheropticaleffectsbyrneans
of a cinematograph or other similar apparatus for the
performance of which inflammable films are used, and no
public dramatic or ciccus performanceorpantomime, shall
be given in any municipal areaelsewhere than in premises
for which a license has been granted by the Municipality.
 LatestLaws.com
(2) No owner of a cinematograph or other apparatus shall
use the apparatus or allow it to be used, and no person
shall takepart inany publicdramaticorcircusperfomance
or pantomime and no occupier of any premim shall allow
the premises to bt used in contravention of the provisions
of this section or of any condition of a license granted
under this section

441. Restriction on spitting :-

No person shall in apublic place within the limils of my municipal
area spit in a place other than adrain or a receptacle provided by
the Municipality.

442. Bill-stickingwithout permission :-

(1) No person shall, without the consent of the owner or
occupier or other persons for the time being in charge,
affix any pasting bill, notice, placard or other paper or
means of advertisement against or upon any building,wall,
tree, board, fence, or pole or write upon,soil, deface or
mark any such building, wall, tree, board,Jence or pole
with chalk or paint or in any other way whatsoever.

(2) Notwithstanding anything contained in Section 474, a

court may take cognizance of an offence undersub-section
(1) upon the complaint of the owner or mcupier or other
person in charge of the property in respect of which such
offenceis a1leged to have been committed.

443. Roofs and external walls not to be made of inflammable

material:-
The Municipality may direct that within certain limits of the
municipal area, to be fixed by it, the roofs and external walls of
huts or other buildings shall not be made or renewed of grass,
mats, leaves or other highly inflammable materials without the
permission of the Municipality in writing and the Municipality
may, by written notice, require any person who has disobeyed
any such direction to remove or later the roofs or walls so made
or renewed as it may think fit-
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444. Regulaiion of use of places for public bathing etc :-
I
(I) The Chief Oficer of a Municipali ty, may from time to
time;
(a) set apartany suitable place vesting i n the
Municipality for use by the public forbathjngor
for washing anirnaIs or for washing or drying
clothes;

(b) Specify the times at which and the sex of persons

by w horn any such place may be used.
(c) Prohibit, by publicnotice, the use by the public,
for any oft he purposes as aforesaid of any place
not so set apart;
(dl Prohibit, by public notice, the use by the public of
any place not vesting in the Municipality for such
purpose;
(e) Regulatebypublicnoticetheusebypublicofany
pIace vesting in the Municipality and set apart by
him For any such purpose; and
IF) Regulate by public notice the use by public of any
place not vesred in the Municipality for such
'
purpose or of any work assigned and set apart
under this Act [or any particular purpose.
(2) TheChiefOificermaychargesuchfeeasIhemunicipality
m;ly by regulations determine for the use of any place set
apart under cIause (a) of sub-section (1) by any specified
class or classes of persons or by the public generally.

445. Prohibition of bathing etc. contrary to order :-

Except as otherwise permitted by any order under ~ h iAct
s :-
1 no person shall, -
(a) barheinornearmylake,tank,reservoir,fountain,
cistern, duct, stand pipe, stream or well or any
river or other place in the Municipality;
 LatestLaws.com

(b) wash or cause to be washed in or near any such

lace any animal, clothes or other article;
(c) throw, put or cause to enter into the water in any
such place any animal or other things;
(d) causc or suffer to drain into or upon any such
place or to be brought therein to or thereupon
anything or do anything whereby the water shall
be in any degree fouled or polIuted; and

(e) dry clothes in or upon any such place.

(2) No person shall, -

(a) in contravention of any prohibirion made by the

Chief Officer of the Municipality under section
444 use any portion of any river of any place not
vesting in the Municipality for any purpose
mentioned in that section; and

(b) contraveneprovisions of any notice gven by the

Chief Officer under clause (c) of sub-section of
section 444 for the use of any such porhon of any
river or any place for any such purpose.

446. Prohibition of pollution of water by steepingtherein animal

or other matter etc :-
No person shall, -
(a) steep in any tank, reservoir, stream, well or ditch any
animal, vegetable or mineral matter likely to render the
water thereof offensive or dangerous to health; ahd

@) while suffering frbm any contagious, infectious or

loathsome disease, bath on,in or near any bathing platform,
lake, tank, reservoir, fountain, cistern, duct, stand-pipe,
stream OF well.
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447. Prohibition of pollution of water by other means, -

No person engaged inany trade or manufaclure in the municipal
area shall :-

(a) cause or suffer to be brought or to flow into any lake,

stream, tank, reservoir, cistern, well, duct or other place
for water whether belonging to the Municipaji ty or not,
any drain or pipe communicating therewith any washing
or other subsiance produced in the course of any such
trade or m a n u f a c t u ~as aforesaid;and

(b) do an act connected with any such trade or manufacture

as aforesaid whereby the water in any such lake, stream,
tank, reservoir,cistern, well duct or other place for water
is fouled or polluted.

448. Prohibitionagainst washing by washerman :-

(1) The Chief officerof a Municipality may, by public notice,

prohibit the washing of clothes by washermen in the
exerciseof their callings,except at such places, as he may
appoint for the purpose.

(2) When any such prohibition has been made, no person

who is by calling n washerman, shall in contraventionof
such prohibition wash clothes except for himself or for
personal and family service or for hire on or within the
premises of the hirer at any place other than a place
appointed under sub-section (I)
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PUBLIC CONVENIENCES
AND LATRINES A N D URINALS

449. Public Latrines, Urinals :-

(I) The Municipality shall provide and maintain in proper and
convenient places a sufficient number of public latrines
and urinals.
Such public latrines and urinals shall be so constructed as
to provide separate compartments for each sex and not
to be a nuisance and shall be provided with all necessary
conservancy, lighting and establishments, and shall
regularly be cleansed and kept in proper order and for
this purpose, the Chief Officerof the Municipality may,
with the approval of the Municipality, make an agreement
with an agency or non-governmental organization or
person having experience and manning public latrines and
urinals etc.

450. Restriction on construction of Iatrines and urinals. -

1 It shall not be lawful to construct any latrine or urinals for
any premisesin a municipal area, except with the written
permission of the Chief Officer of theMunicipality and in
accordance with such terms not inconsistent with the
provisions of this Act any rules or regulations made
thereunder, as he may specify.
(2) In the specifying any such term, the Chief Officer may
determine in each case, -
(a) whether the premises shall be served by thc
servicesystemor by the flush systcm or partly by
the one and partly by the other: and
(b) what shall be [he site or position of each latrine or
udnd.
I 429
 LatestLaws.com

(3) If any latrine or urinal is constructed on any premises in

conmvention of the foregoingprovisions. the Chief Officer
may, aftergivjngnotless than ten days notice to the owncr
or occupier of such premises, alter, reconstiuct, close or
demolish such lahneor urinal and the cxpnditure j n c d
by h e Chief Officer in so doing, shall be recoverable fmrn
rhe owner or occupier as an arrears of tax under this Act.

451. Latrines and urinals Tor workmen. -

Every person employing workmen, labourers or other person
exceeding twenty in numbcr, shall providedand maintain for the
separate use of persons of each sex so employed, latrines and
urinals of such descriplion and number, as the Chief Oficerof the
Municipality may, by notice, require and within such time, as may
be fixed in the notice and shall keep the same in clean and proper
order.

452. Provision of latrines and urinals for markets etc :-

The Chief Officer of the Municipality may, by notice, ~ q u i r anye
owner or manager of a market, cart stand, cattle shed, theatre,
railway station and other places of public resort wi thin the municipal
area of the Municipality to provide within such time, as may be
specified in the notice and maintain for the separate use of persons
of each sex, latrines and urinaIs of such description and number
and in such posirion as may be specified and to keep the same in
clean and proper order.

453. Inspection of animals for sale :-

(1) The Chief Oficer of a Municipality shall make provision
for inspecdon of all animals which are intended for human
consumption and are in the course of kmsi t or are exposed
or hawkcd about or deposited in or brought to any place
within the municipal area for sale or preparation for sale,
as the casc may be.
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(2) If, as 3 result of any inspection under sub-section (11, any

prosecution is instituted under this Chapter, rhe burden of
proving that any such animal was not exposed or hawked
about or deposited in or brought to any place for sale or
preparation for sale or was no1 intended for human
consumption, shall rcst wj th the pefion prosecured.

454. Suffering dogs not to be at large :-

No person, being Ihe owner or pet-sonin charge of any dog, shall
neglect to reslrain it so !hat it shall be at large in any street without
a muzzle,-

(c) if such dog is likely LO annoy or intimidate public; or

(d) if the Municipality has by the public notice during the

prevalence of rabies, directed that dogs shall not be at
large without muzzles.

455. Taking elephants along public roads :-

No person shall, contrary to any orders of rhe Municipality, taken
an elephant along a street.

456. Cattle pond :-

Subject to such mIes that may be made in {his behalf, the
Municipality may set up cattle ponds for the confinement of skay
animals wd charge fees therefore.

457. Nuisance :-

No person shall permit any person under his control to whom the
provisions of Section 82, Section 83 and Section 84 of the Indian
Penal Code, 1860 (Act 45 of 18601, are applicable, to commit
within the municipal area, a nuisance upon any streer or into any
public sewer or druin or any drain communicatjng therewith.
(431 1
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458. Stackingor collecting inflammable materials :-

The Chief Officer of Municipality may,by public notice, prohibit
in any case where such prohibition appears to him to be necessary
for the prevention of danger to life or property, the stacking or
collecting of w a dry gms, s b w or other inflammable materials
or the placing of mats or thatched huts or the lighting of fires in any
place which may be specified in the notice.

459. Care of uncovered Iights :-

No person shall set an uncoveredlight on or near any building in
any public street or other public place in such manner, as may
cause danger, fire:

Provided that nothing in this section shall be deemed to prohibit

the use of light for the purposes of illumination on the occasion of
any festival or public or private entertainment.

460. Prohibition of certain acts :-

(I) No person shall, -
(a) in any public street or public place, -
(i) ease himself;or
oi) carry meat exposed to public view; or
(iii) picket animals or collect carts; or
(iv) being engaged in the removal of rubbish, fiIth or
other polluted andobnoxious matte wilfully or
negligently permit any portion thereof toe spill or
fall or neglect to sweep away or otherwise
effectually to remove any portion thereof which
may spill or Fill in such street or place; or
(v) without propcr authori ty, affix upon any building,
monument, post, wall, fence, treeor other thing
any bill, noticeorotherdocument; or
(vi) without proper authority,deface or write upon or
'
othcnvisc any building, monument, post, wall,
fence, tree or othcr things; or
( 432 )
 LatestLaws.com

(vii) without proper authority remove destroy deface

or otherwise obliterate any notice or other
document put up or exibited under this Act or the
rules or the regulation made there under or
(viii) without proper authority, displace, damage, or
makemy alteration in or otherwise interfere wi(h,
the pavement. gutter, storm water-drain, flags or
other materials of any such street or any lamp
bracket, direction-post, hydrant or water-pipe
maintainedby the Municipality in any such sheet
orplace orextinguish a public light; or
carry rubbish, filth or other pollutedmd obnoxious
matter at any hour prohibjted by the Chief Officer
of the Municipality by public notice or in any
pattern of cart or receptacle which has not been
approvedfor the purpose by the Chief Officer or
fai Ito close such cart or receptacle when in use;
or
carry rubbish, filth orother pollutedand obnoxious
matter along, any route i n contravenrion of any
prohibition made in this bchalf by thechiefOfficer
by public notice; or
deposit or cause or permit to be deposited earth
or materials of any description or any rubbish or
polluted and obnoxious mattcr in any place not
intended for the purpose in any public street or
public place or wastc or unoccupied land under
the management of the Municipality;or
make any grave or bum any corpse at any place
not set apart for such purposc; or
let looseany animal so as to cause or neglisently
allow any animal to cause, injury, danger, alarm
or annoyance to any person; or
save with thc written permission of the Chief
Officer and in such manner a the Chief OHicer
may authorize, store s r use night-soil,cow dung
manure, rubbishor any other substanceemitting
an offensive smell; or
( 433 1
 LatestLaws.com

use or permit to be used as a latrine any place not

intendcd for such purpose; or
(h) burn rice husk.
(2) Thc owner or keepe; of any animal shall not allow it
straying in a public street or public without a keeper.

(3) Any animal found straying as aforesaid, may be removed

by an oFficer or employee of the Municipality or by any
Police Officer to a pond.

461. Power to require removal or abatement of nuisance. -

Where the Chief Officer of a Municipality is of the opinion that
there is nuisance on any land or building, he may, by notice in
writing require the pcrson by whose act, default or sufferance the
nuisancc arises or continues, or the owner, lessee or occupier of
the land or building or any one or more of these persons, lo remove
or nbntc the nuisance by rahng such measures in such manner
and within such period, as may be specified in the notice.

462. Power to require wells, tanks etc to be rendered safe. -

Where in any municipal area any well, tank, reservoir, poll
depression, or excnvolion, or any bank or tree, is in the opinion of
the Chief Officerof the Municipality, in a ruinous state for want of
sufficient repairs, protection or enclosure and is n nuisance or is
dangerous to the persons passing by, the Chief Officer may, by
notice in writing, require the owner or part-owner or any person
claiming to be the owner or part-owner thereof or failing any of
them, the occupicr thereof to repair, protect or enclose the same
in such manner as he thinks necessary, and if the danger is, in the
opinion of the Chief Officer, imminent, hc shill1forthwith take such
steps, as he thinks necessary to avert the same.

463. t filling up of unwho1esomc well, tanks etc. -

Power to d i r ~the
(1) Whcn i n the municipal area, -
( 434 1
 LatestLaws.com

(a) any well, pool, ditch, tank, pond, pit or undrained

ground; or -

(6) any cistern, reservoir or water-butt or any other

receptacle or place where watcr is stored or
nccumulates; or
any waste or stagnant water, wherher within any
private enclosure or not, appears to Chief Officer
of the Municipality lo be or Iikely to become
injurious to health or offensive to the
neighborhood or in any other respect a nuisance,
he may, by written notice, require the owner or
occupier of the land on building to which such
well, pool ditch, tank., pond, pit, ground, cistern,
rcservoir, water butt, receptacle, place or water
pertains, to cleanse or to fi 11 up the same or drain
oTF or remove water therefrom or to take such
olher aclion, as the Chief Officer may deem
necessary.

(2) No person shall keep or perrni t to bc kept or mainlain

within any premises or land ally collection of stagnant or
flowing water, which in the opinion of the Chief Oficer is,
or is likely to become, n breeding place for mosquitoes,
unless such colfeclion of watcris treated in such manner,
as may effectively prevent the breeding of mosquitoel.

464. Power to regdate excavations. -

(1) The Chief Officcr of n Municipality may, by a general
order or by an order to effect such portion of the Municipal
area, as may be specified therein, prohibit,-

(a) the milking of cxcnvation for the purpose of (akin3

earth there from or storing rubbish or offensive
matter therein; and
 LatestLaws.com

(b) the digging or cesspool, tanks, ponds, wells or

pits without his special permission.
(2) No penon shall make any excavationreferred to in clause
(a), or dig any cesspool, tank, pond, well or pit referred
10 i n clause (b), of sub-section (11, in contravention of
any such order.
(3) If any such excavation,cesspool, tank, pond well or pit is
made or dug after the publication of any such order and
wilhout the permission required thereby, the Chief Oficer
may, by written notice, require the owner or occupier of
the land on which the same is made or dug to fill it up with
earth or other material approved by him.

465. Restriction on quarrying, blasting e t c -

No person shall quarry, blast, cut timber or carry on building
operations in such manner, as to cause, OF to be likely tocause,
danger to persons passing by or dwelling or worming in the
neighburhood.

466. Power to require trees, hedges to be maintained. -

(1) The Chief Officer of a Municipality may, if he thinks fit, by
written nolice, require the owner or occupier of any land
in the municipal area on which trees, shrubs or hedges are
growing to keep the same in a tnm condition, and remove
any such tree, shrub or hedges, if it poses a danger to
public safety or overhangs or obstructs any street causing
inconvenience or danger to the passers-by.
(2) If i t appears to lhe Chief Omcer that immediate action is
necessary for public safety, he may; without notice cause
such tree, shrub or hedge to be removed from rhe land as
aforesaid and the expenses thcreof shall be paid by the
owner or occupier of such land. .
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PART wall -
GENERAL POWERS, OFFENCES AND PENALTIES

CHAPTER -I
GENERAL POWERS

467. Power to institute etc legal proceedings -

(a) TheChiefOficerofaMunicipalitymayt;tke,orwjthdrJw
from, proceedings against any person, who is charged
wirh,
(i) any offence which affects or likely to affect any
interest of the Municipality or the due
administration of this Act; or
0) committing any nuisance whatsoever;
(b) contest or compromise any appeal against assessment of
any tax or rate,
(c) take, or withdraw fromor compromise, proceedings for
the recovery of expenses orcompensa~ionclaimed to be
due to the Municipality;
(d) withdraw or compromise any cIaim for a sum not
exceeding one thousand rupees against any person,
(e) defend any suit or other legal proceeding brought against
the Municipahty or against any Municipal authority or any
officer or employee of the Municipality in respect or
anything done or omitted to done by the Municipality or
such authority or officer or employee under this Act or
the regulalions made thereunder in the oficiaI capacity;
(0 with the approval of the Municipality compromise any
claim, suit or other Iegd proceedings brought against the
Municipality or.anymunicipal authority or any officer or
employee ofthe Municipali ty in respect of anything done
or omitted to be done as aforesaid;
 LatestLaws.com

Ig) withdrawfromorcompromiseanyagninstanypersonin
'respect of a penalty-pay able undcr any contract entered
jnro with such prson by the Cbief Officer on behaIf of the
Municipaliry;
(h) institute or prosecute any suit or other legal proceedings
or with the approval of the Municipality, withdraw from
or compromise any suit or claim, other than a claim
refelred to i n clause (d), instituted or made, as the case
may be, in the name of the Municipality or the Chief
Orficer. and
(i) obtain,for any ofthepurposes mentioned in the foregoing
clauses of this section or for securing lawful exercise of
discharge of any power or duty vesting i n or imposed
upon any municipal aulhoricy or any officer or employee
of the Municipalib or standing committee, to obfain

468. Bar of jurisdiction of civil courts :-

(1) SaveasothenviseprovidedinthisAct,nocivilCourt
shall have any jurisdiction to entertain or decide any
question relating to matters arising under this ACCor the
rules made thereunder.
(2) Every order ;
(a) passedbyanyauthority,whichissubjecttoapped
or revision under this Act;
(b) passed 011such appeal or revision; and
(c) passed by the Government on appeal or revision,
shall be final and shall not be questioned in any
Court.
' (3 No Civil Court shall have jurisdiction to entertain any suit
or proceedings in respect of any matter the cognizanceof
which can be takcn and disposed of by any authority
empowered in this behalf by the Act or the rules made
thereunder'
( 438 1
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469. Members and Omcers of the Municipality to be public
servants:
Every member, the chief Officer of the Municipality i ~ n devery
other officer of the Municipaiity shall be deemed to be a public
servant wilhin the maniog OF section 21 of the Indinn Penal Code,
1860 (Act No. 45 ofI 860).

CHAPTER - I1
OFFENCES AND PENALTY
470. -
Punishment for certain offences, Whoever, -
(a) contravenes any provision of any of the sections, sub-
sections, clauses, provisions or other provisions of this
Act, or

(b) failstocomply with my oder IawfuIIy given to him or any

requisition lavifully made upon him under any of the said
sections, sub-sections, clauses, provisos or other
provisions shall be punishable,
i) with Fine, which may extendto themount or with
the imprisonment for a term which may extend to
the period, specifiedin that behalf or with both,
and
(ii) in the case ofcontinuingconrnventionor iailuure,
with an additional fine which may cxtcnd to thc
amount specified in this forevery day durjngwhich
such contravention or failure continues after
conviction far lhe firstsuchcontravention orfailure.
471. General :-
Whmver,in any case,in which a penalty i s not expressly provided
by this Act, fails to comply with any notice, order or requisilions,
issued under any provision thereof, or ohenvise contravenes any
of the provisiun of his Act, shall be punishable with,
I439 )
 LatestLaws.com

(a) fine which may extend to Rs. 2,001-

(b) an additional fine in the case of continuing failure or
contravention up to onc-tenth of the maximum fine,
specified in cjause (a) for every day after the first failure
or contmvention,as thecase may k for the period, during
which such failure or contrclve~~tionto be madc.

In every case where, under this Act, an offence is punishable with

fine, or with imprisonment or fine, or with both and a person is
sentenced by any Court having jurisdiction to pay a fine, it shall be
competent for such Court to direct that in exceeding six months.

473. Offences by Companies :-

(1) Wherean offence under this Act has been committed by

a company, every person who, at the time, 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 orfence and shall be liable to be proceeded
against and punished accordingly.
h v i d e d that nothing contained in this subsection shall
render any such person Iiabletoany punishmentprovided
in this Acr, if he proves that the offence was committed
without his knowledge or that he exercised all duc
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section(l),
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
atlributable 10 any neglect on the part of,any director,
manager, secretary or other ofhcer of the company, such
dimtor, manager, secretary or other officer, shall also be
deemed to be guilty of that offence, and shall k liable to
bc proceeded against and punished accordingly.
 LatestLaws.com
:- For the purpose of this section,'
Expla~rario~r

(a) "Company'I means a body corporate, and

includes a firm or other association of
. ,

individuals, and

(b) Director in relation to a firm means a partner in

he firm

474. Prosecution :-
Save as otherwise provided in this Act, no Courtshall try any
offence punishable by or under Act or any regulation made
thereunder except on the complaint of or upon information
received from the Chief Officer of the Municipality or any other
officer of the Municipality authorized by it i n this behalf.

475. .
Composition of offences: ,,

(1) The Chief Officer of any person authorized by him by

general or special order in this behalf, may either before
or after the institution of the proceedings compound any
offence made punishable by or under this Act:
Provided that no offence shall becompoundable which is
'

-cornmitted by failure to compl; with a notice, order or

requisition issued Gy or on behalf of the ~ u n i c i ~ a or
lit~
' any of the~kiiii~al 0
authorities unless and unlil thC same
,-

has been complied with so far as the compliance is

possible.

(2) Where an offence has been compounded, the offender, if

in custody, shall be dixhargd andno funher i k e d n g s
shall be taken against him in respect of the offence so
compounded.
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LatestLaws.com
476. Protection of action of the Municipality etc. :- .

No suit or prosecution shall be en tertajned in any court against

theMunicipdityor against the Chief Officer of the Municipality or
against any other officeror employee ofthe Municipality or against
any person acting under the order or direction of the Mun~cipality
or the Chief Officer or any other officer or employee of the
Municipality for anything which is in good faith done or intended
to be dorie, under this Act or any rule or regulation made
thereunder.

477. Notices io be given of suits :-

(1) No suit shall be instituted against the Municipality or
against the Chief Officer of the Municipality or against
any other officeror employee ofthe Municipdiry or against
any person acting under the direction or order of the
Municipality or the Chief Officer or any other ofFiceror
employee of theMunicipalityin respect of any Act done
orpurportingto have been done, in pursuanceof this Act,
or any rule or regulation made thereunder until the
expiration of a period of two months after the notice in
writing has been left at the office of the Municipality or
such person, unless the notice in writing has also been
delivered to him or left at his office or place of residence,
and unless such notices states explicitly thecaw of action,
the nature of the relief sought, the amountof compensation
claimed, and the name and place of residence of the
intendingpIaintiff,and inless the plaint contains astatement
that such notice has been so left or delivered.

(2) No suit, such as described in sub-section (I), shall unless

it is a suit for the recovery of immovable property or for a
declmtionoftitIethereto,beinstitutedaftertheexpiryof
a perid of six months from the date,on which the cause
of action arises.
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(3) Nothing in sub-section (1) shall be deemed to a suit in
which the only relief claimed, is an injugclion on which Ihe
object will be defeated by giving of the notice of the
postponement ofthe institution of the sujt.

478. Power to make rules :-

The Government may by notification, make rules for carryingout
the provisions of this Act.

479. Power to make regulations :-

A MunicipaIity may, from time to time, make regulations, not
inconsistent with the provisions of this Act, and the rules made
thereunder for the purposes of giving effect to the provisions of
this Act.

480. Regulations to be subject to approval of Government :-

(1) No regulations made by the Municipality under this Act
shall have any effect until ithas been approved by the
'
Governmentand publishedin h e official gazette.
(2) Before approving such regulations, the Government may
make any change therein which appears it to be necessary

4 Power of Government to cancel, or modify regulations :-

(1) If the Government is at any time, of opinion that any
regulation made by the Municipality under this Act, should
be cancelled or modified either wholly or in part, it shall
cause the reasons for such opinion to be communicated
to he Municipality,and shall specify a reasonable period
within which the ' ~ u n i c i ~ a lmay i t ~ make such
representation with regard thereto, as i t may think fit.
(2) After receipt andconsideration of any such representation
or,if in the meantime no such representation is received,
after the expiry of the period aforesaid, the Government
may, at any time by notification, canceI or modify such
regulations either wholly or in pait.
 LatestLaws.com

(3) The cancellation or modificationof any regulation under

sub-section (2) shall take effect from such date, as the
Government may specify in the notification under that s u b
section or if no such,date is specified, from the date of
publication of such notification :
. . -

Provided that such cancellation or modification shall not

affect anything done or suffered or omitted to be done
under such regulation before such date.
(4) Any notification under sub-section(2) shall k published
in Iocal newspapers.

482. Penalty for breach or regulations :-

(1) Any regulation made under this Act may provide that a
contravention thereof shall be punishable: -
(a) . with Fine, which may extend to two thousand; or
(b) with fine, which may extend to two thousand and
in the case of a continuingcontravention,with an
additional fine,which may extend to two hundred
and fifty rupees forevery day during which such
contraven Iion continues after conviction for the
first of such contravention,or

(c) with fine, which may extend ro two hundred and

' fifty rupees for every day during which the
contravention coritinues, after the receipt notice
From the Chief Oficer of the Municipality or any
other oficer of the Municipality, duly authorised
i n that behalf, by the person contravening the
regulation,requiring such person to discontinue
such conbavention.
(2) Any such regulation 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, caused by
such contmvention.
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483. Removal of difficulties:

(I) 1f any difficulty arisesin giving effect to the provisions of

this Act, the Government may, by order published in the
oficial gazette, make such provisions,not inconsistentwih
the provisions of this Act, as appear to it, to k necessary
or expedient for removing the difficulty.

(2) '
Provided that no such order shall be made after rhe expiry
of a period of two years from the date of coming into
forceof this Act.

(3) Every order made under su b-section (1) shall, as soon as

may be, after it is made, be laid before the Legislative
Assembly of the State.

484. Repeal and saving :

Wilh effect from the date of commencement of this Act, the Assam
Tribal Areas (Administrationof Town Committees) regulation,
1950 (regulation VI of 1950) shall stand repealed.

(1) Provided that untiI Municipalitiesare constituted in any

Municipal Council Area or Town Council Area in
accordance with the provisions of this Act, the local
authority created under the provisions of Ihe said Assarn
Tribal Area (Administration of Town Committee)
Regulation, 1950 shall continue to exercise powers or
perform duties as if the provisions of the said AssamTribal
Areas (Administrationof Town Commitlees) Regulation,
1950 and the Rules made thereunder are still in force.

(2) Notwithstanding the provisions of sub-section (I) of this

section -
 LatestLaws.com

(a) Any appointment,notification,odm, scheme, rule,

form; notice or bylaw made or issued and any
license or established permission granted by a
Town Commitlee established under the Assam
~ rbal
i Areas (~dministrationof Town Committee)
Regulation, 1950 and in force immediately &fore
the establishment of the municipalities,shall in so
far as it is not inconsistent with the provisions of
this Act,continuein force and k deemed to have
been made, issued or granted under h e provisions
of this Act, unless and untiI i t is superseded by
any appintment ,notification, order,scheme, rule
notice or byelaw made or issued or any Iicense
or permission granted under the provisions of this
Act.

(b) All debts, obligation and liabilities incurred, all

contracts entered into and all mattes and things
engaged to be done by, with or for a Town
Committee established immediately before [he
establishment of a municipality shal I be deemed
to have been incurred, entered into or engaged to
be done by, with or for such municipality.

(c) All budget estimates, assessments, valuations,

measurements w divisions made by a Town
Committee shalI in so far as they are not
inconsistent with the provisions of this Act,
continue in force and deemed to have ken made
under the provisions of this Act unless and until
they are superseded by any budget estimate,
assessment,valuation, measurement or division
made by a municipality under this Act.
 LatestLaws.com

(d) All properties, movable and immovable and all

interests of whatsoever nature and kind therein,
vested in a Town Committee immediatelybefore
the established of a municipality under this Act
shall, with all the rightof whatsoever description,
used, enjoyed or possessed by a Town
Committee, v&t in the municipality.

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

money due to a Town Committee immediately
before theestablishmentof a municipality shall k
deemed to be due to the municipality.

(f) All rates, taxes rents,fares and othercharges shall,

until and unless they are varied by a municipality.
continue to be levied at the same rate at which
they were being levied by a Town-Committee
immediately before the establishment of a
municipdity.

(g) All suits proceedings and other legal proceedings

instituted or which might have been instituted by
or against a Town Committee may be continued
or instituted by a municipality.
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LatestLaws.com

THE NAGALAND MUNCIPAL (FIRST

AMENDMEXW) ACT, 2006
{Act No. 4 of 2006)
Received the assent of the Governor on 30.08.06 and publishedin
the Nagaland Gazette extra-ordinarydated 13.09.2006
An
Act

to amend the Nagaland MuncipalAct, 2001

Be it enacted by the Nag.aland Le~slativeAssembly in the fifty

seventh year of the Republic of India as follows :

Shod title a~zdcottme~r

cement
1. (I) This Act may be calIed the Nagaland Muncipal (First
Amendment) Act, 2006.
(2) lt shall extend to whole of Nagalmd.
(3) It shall come into foxe at once.

2. In section 2 of the Nagaland Muncipal Act, 2001, hereinafter

referred to as tl~cprincipal Act, h e followingwiI1 be inserted:
"(12)A. "Ex oficio member" means a member of the
Nagaland Legislative Assembly represented in the
MuncipaIity under sections 9 and21.
(25)A. "Muncipality" means Muncipal Council or Town
CounciI.
(27)A. "Nominated member" means a person having
special knowIedge or experience in Muncipal administration
represented in the Muncipnli ty under sections 9 and 2 1."
 LatestLaws.com

3. For the existing section 9 of the principal Act, the following shall
be substituted,namely:
composition of Municipal Council
Every Municipal Council shdI have the following memhrs:
(1) members direct1y elected from territorial constituencies
known as wards;
(2) persons having special knowledge or experience i n
Municipal administration in terms of article 243-R (2) (a) (i)
of the Constitution, nominated by the Government, whose
number shall not exceed one third of the total number of
directly elected members;

(3) members of the NagaIand Legisfative Assembly reprcsented

in the MunicipaI Council in accordance with article 243-R
(2) (a) (ii) of the Constitution; and,

(4) Chairpersons of Committees constituted under clause ( 5 )

of article 243-S of the Constitution.
Provided that under clause (2) above, the Government
shalI not nominate any person who has lost the latest election
to the Muncipal Council."

Inserlion of a new section PA

4. After the section 9 in the principal Act, the folIowing shall be
inserted, namely:
 LatestLaws.com

"9A. Voting rights of members

Notwithstanding anything contained in this Act, all mem-
bers, except the members who have been nominated under
article 243-R(2) (a) (i) of the Constitution, shall have the
right to vote in the meetings of the Muncipal Council."

5. In section 12 of the principal Act, for the existing clauses (1) and
(2), the the following shall be substituted,namely:
(I) '%elected and the ex officio members of heMunicipa1
Council shall eIect one uf the elected memhrs to be the
Chairperson in the manner as may be prescribed in this
behalf.
(2) The elecled and the ex officiomemkrs of the Municipal
Council shalI also elect one of the elected members to
be the Deputy Chairperson in themanner as may be
pmcrjbcd in this behalf."

6. In section 15 of the principal. Act, in the existing clause (41, the

words "excepting the ex afficiomembers and nominated
members", md in clause (G), the words "ex officio members and",
shall be deleted.
An1 ellrinlenf of section 21
7. For the existingsection 21 af the principal Act, the following shdI
be substituted, namely:
 LatestLaws.com

Cornposition of Town Council

LL21.
Every Town Council sl~allhave the following mernkrs:
(1) members directIy elected from tenitotial constituencies
known as wards:
(2) persons having special knowledge or experience in Munici-
pal administration in terms of article 243-R (2) (a) (i) of the
Constitution,nominated by the Government, whose num-
bershall not exceed one rhird of h e total n u m k r o f directly
elected members;
(3) membersoftheNagalmdLe~s1ativeAssemblyrepresented
in the Municipal Council in accordance with article 243-R
(2)(a) (ii) of the Constitution; and,
(4) ChaicpersonsofCommittesconstitutedundercIause(5)of
article 243-5 of the Consti tution.
Provided that under clause (2) above, the Govern-
ment shall not nominate any person who has lost the latest
election to theTown Council."

8. After the section 21in the principal Act, the following shall be
inserted,namely:
"21A. Voting rights of members
Notwithstanding anything contained in this Act, all mem-
bers, except the members who have been nominated under
article 243-R (2) (a) (i) of the Constitution, shall have the
right to vote in the meetings of the Town Council."
 LatestLaws.com

THENAGALANII (FIRSTAALENDMEKI.)
MUNICIPAL Am, 20015

Aniel~drrcentto the title for Clrapfer IV

5. In the caption for Chapter Nof Pm-TTof the principal Act, for
the words 'Election, Resignation, Removal and Casual Vacancy",
the words 'Election, Reservation, Resignation, Removal and
Casual Vacancy" shall be substituted.

10. After the existingsection 23 in the principal Act, the following

shall be inserted, nameIy:
"23A. Reservation of seats in Municipalities
(I) Seats in every Municipality shall be reserved for the
Scheduled Castes, the Scheduled Tribes and women,
including women from the Scheduled Castes and the
Scheduled Tribes, in accordance with the provisions
contained in clauses (1) to (3) of article 243-Tof the
Constitution.
(2) Within 90days from h e comn1em111entof h i s Amendment
Act, the Govemment shall notify in the official gazette the
number of seats in every Municipality that ought to have
been reserved forthe categories of~ r s o nincluded
s in clause
(1)in the firstelectionsto the Muncipalitiesheld in the State
in December, 2004.
(3) Within 180 days from the commermment ofthis Amendment
Act, the Government shall notify in the officialgazette the
allotment of mts to be reserved for the categories of persons
included in clause (1) by rotation to different wards in a
Mmiciphty.
 LatestLaws.com

(4) A11 members not belonging to theSchcduled Castes and the

Scheduled Tribes who were directly elected from those
wards in the Municipalities which have become reserved
for the Scheduled Castes and the ScheduledTribes, and a11
male memkrs who were direct!y electedfi'omthose wards
in the Municipalities which have become reserved for
women, including women beIongingto thescheduled Castes
and the Schduled Tribes, under clauses (1) to (3) of article
243-Tof the Constitulion, shall be deemed to have va-
cated their seats upon nvtifiration of the reservation of' seats
under clause (3)

( 5 ) Upon vacation of seats under clause (4), the Government

shall constitute, under article 2434 (5) of the Constitution,
by notification,as m y numberofsingIememkrCommit-
tees as are equal to the number of such members who have
vacaledtheir seats, and designate them as Chairman of such
Committeeswith specificfunctions. The Chairman so des-
ignated shall thereupon be deemed to have become mem-
bers of the respective Muncipality under article 243-R(2)
(a) {iv) of the Constilution.

6 ) The provisions contained in clauses (4) and (5)shall cease

to have effectwith the dissolution of the Municipalitites con-
stituted out of the first elections to the Muncipalities held i n
December, 2004.
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23%. Reservation of offices of Chairpersons in

Municipalities for SCs, STs, and women
The offices of the Chairpersons shall be reserved for the
Scheduled Castes, the ScheduledTribesand women, as
near1y as may be, in proportion to the number of seats
reserved for them in the Municipalities and the dloment of
such officesshall be made by rotation."

11. In theexishngsection57H in the principal Act, the words "majority

of vote of the members present and voting" shdl be substituted by
"majority of vote of the members, excludng the nominated members,
present and voling"

Review of the A cf
12. After theexisting section 484 in the principal Act, the folIowing
,s h d be inserted,namely:
:1

"Within ayear of commencement of this Amendment Act, the

Government shall review the Act so as to bring its provisions in
complete harmony with Pirt IX-A of the Constitution."