Bare ActsThe Daman and Diu Municipalities Regulation 1994

Section 317

Power ~f council ko make bye-laws

Amendment status not verified — confirm the current text below against the official source.

Power ~f council ko make bye-laws.- I I ) The Power to make all bye-laws under this Regulation shall be exercisable by each Council, subject ta t h e previous sanction of the Director or the Government , - as herein-after providede t ( 2 ) Without prejudice to any power to make bye- laws contained elsewhere in this Regulation, a Council may make bye-laws consistent with this Regulation and the rules made thereunder for thesadministration of its affairs and -for the guidance of its Committees, officers and servants. ( 3 ) (a) The Council whenever it desires to make bye-laws under this Regulation, shall by a resolution at a special meeting approve a draft of such bye-laws. (b) The Council shall put up the draft on its notice board and publish it in a local newspaper. as soon as may be possible, after such resolution in passed, inviting the inhabitants to submit their objections and suggestions to the Council within a resonable period to be specified in such notice. (c) The Council at a special meeting shall then consider the objections and suggestions received, if any, and shall by a resolution approve the final draft of the bye-laws. fd) Within seven days of the passing of such resolution, the Council shall send such final draft to the Director. Ie) The Director shall examine the final draft of the bye-laws sent to him ullder clause !d: and may - fi) refuse to sanction them or return them to the Council-if in his opinion,- ( A ) the bye-laws are inconsistent with this Regulation ok the rules made thereunder and the inconsistency cannot be removed except by materially altering the bye-laws; or f B ) objection, if any, to the bye-laws has not been duly considered by the Council; or (C) there is any new objection to the bye-law&; or I (Dl the ratea of taxes or fees proposed in the bye-laws are inadequateror (ii) sanction them, with or without such modifications as he considers necessary, The Director shall publish the bye-laws as sanctioned by him in the Official Gazette and the bye-laws so published shall take effect from the date of their publication in the Official Gazette or aueh other subsequent date as may be mentioned therein ; ff) Notwithstanding anything contained in clause (el, if the bye-laws sent by any Council under clause ( d ) relate to imposition, abolitaon, remission, alteration or regulation of any tax, the Director shall forward them to the Government for sanct~on and thereupon the provisions of clause (e) shall apply as if for the word <<Director>> in the said clause the the word <<Government>> had been subtituted. ( 4 ! If it appears to the Government that an amend- ment of any of the bye-laws of a Council is necessary . or desirable in the interests of the general public or because they are inconsistent with any provision8 of this,.Regulation or the rules made thereilnder, the Govern-ment mag, after consulting the Council, by notifi-cation in the official Gazette, amend or cancei any of the bye-laws, and on the issue of such notifi-cation the bye-laws shall be deemed to have been duly amended or cancelled, as the case may be, accordingly, without prejudice to the validity of anything previously done or omitted to be done.

Section 317 – The Daman and Diu Municipalities Regulation 1994 | DailyLaw.ai