Section 1

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

Inserted by Act 4 of 1994, section 16 w.e.f. 23-4-1994. 282 (a) the principles which should govern -- (i) the distribution between the Union territory and the municipal councils of the net proceeds of the taxes, duties, tolls and fees leviable by the Union territory, which may be divided between them and the allocation between the municipal councils of their respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the municipal councils; and (iii) the grants-in-aid to the municipal councils from the Consolidated Fund of the Union territory of Puducherry; (b) the measures needed to improve the financial position of the municipal councils; and (c) any other matter referred to the Finance Commission by the Administrator in the interests of sound finance of the municipal councils. (2) The Administrator shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly of the Union territory]. * 193. Constitution of the municipal fund. – (1) Save as otherwise provided in this Act: -- (a) all moneys received by or on behalf of the municipality under the provisions of this Act or of any other law for the time being in force, or under any contract; (b) all proceeds of the disposal of property by, or on behalf of, the municipality; (c) all rents accruing from any property of the municipality; (d) all moneys raised by any tax, rate or cess, levied for the purposes of this Act; (e) all fees collected and all fines levied under this Act or under any rules, regulation or bye-law made thereunder; * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 283 (f) all moneys received by or on behalf of the municipality from the Government or any individual or association of individuals by way of grant or gift or deposit; (g) all interests and profits arising from any investment of, or from any transaction in connection with any money belonging to the municipality, including loans advanced under this Act; and (h) all moneys received by or on behalf of the municipality from any other source whatsoever; shall form one fund to be entitled the municipal fund (hereinafter in this Act referred to as “the municipal fund”). (2) The municipal fund shall be held by the municipality in trust for the purposes of this Act. * 194. Municipal fund to be in Government treasury, etc., and operation of accounts. – (1) All moneys received by the council shall be lodged in the nearest Government treasury or, with the sanction of the Government in a bank: Provided that the municipal council may, with the sanction of the Government, invest any sums not required for immediate use either in a Government savings bank or in Government securities or in any other security which may be approved by the Government. (2) All orders or cheques against the municipal fund shall be signed by the Commissioner or by some person duly authorised in this behalf by him. The treasury or bank in which the fund is lodged shall, so far as the funds to the credit of the council admit, pay all orders or cheques against the fund which are so signed. (3) If the council shall have given previous authority in writing such treasury or bank may at once pay out of the municipal fund without such order or cheque any expense, which the Government have incurred on behalf of the council. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 284 * 195. Payment not to be made unless covered by a budget-grant. – No payment of any sum out of the municipal fund shall be made unless the expenditure of the same is covered by a current budget-grant and a sufficient balance of such budget- grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act: Provided that this section shall not apply to payment made in the following classes of cases, namely: - (a) refund of taxes and other moneys which are authorised under this Act; (b) repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the municipal fund by mistake; (c) sums payable in any of the following circumstances -- (i) under orders of the Government on failure of the municipal council to take any action as required by that Government; or (ii) under any other enactment for the time being in force; or (iii) under the decree or order of a civil or criminal court passed against municipal council; or (iv) under a compromise of any claim, suit or other legal proceedings; or (v) on account of cost incurred in taking immediate action by the municipal council or any of the municipal authorities to avert a sudden threat of danger to the property of the municipal council or to human life; (d) temporary payments for works urgently required by the Government in the public interest; (e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder; (f) expenses incurred by the municipal council on special measures taken on the outbreak of dangerous diseases. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 285 * 196. Procedure when money not covered by a budget-grant is expended. --- Whenever any sum is expended under clause (c), clause (e) or clause (f) of the proviso to section 195 the Commissioner shall forthwith communicate the circumstances to the municipal council which may take such action under the provisions of this Act as shall in the circumstances appear possible and expedient for covering the amount of the additional expenditure. * 197. Application of money received and expenditure from fund – All moneys received by the municipal council shall be applied and disposed of in accordance with the provisions of this Act and other laws: Provided that the municipal council shall have power subject to such rules as may be prescribed to direct that the proceeds of any tax or additional tax levied under this Act shall be earmarked for the purpose of financing any specific public improvement. A separate account shall be kept of the receipt from every such tax or additional tax and the expenditure thereof. * 198. Expenditure from municipal fund. – (1) The purposes to which the municipal fund may be applied include all objects expressly declared obligatory or discretionary by this Act or any rules made thereunder or by any other laws or rules, and in general everything necessary for, or conducive to, the safety, health, convenience of the inhabitants or to the amenities of the municipality and everything incidental to the administration; and the fund shall be applicable thereto within and outside the municipality, subject to such rules or special orders as the Government may prescribe or issue. (2) It shall be the duty of every municipal council to provide for the payment of --- (i) any amount falling due on any loan contracted by it; (ii) salaries and allowances, pension, and gratuities and pensioner and provident fund contributions of its officers and servants; (iii) sums due under any decree or order of the court; and (iv) any other expenses rendered obligatory by or under this Act or any other law. (3) The municipal council, may, with the sanction of the Government, contribute any fund for the defence of India. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 286 (4) The municipal council, may, with the sanction of the Director also- (i) contribute towards the expenses of any public exhibition, ceremony or entertainment in the municipal area; (ii) contribute to any charitable fund, or to the funds of any institution for the relief of the poor or the treatment of disease or infirmity or the reception of diseased or infirm persons or the investigations of the causes of the disease; and (iii) defray any other extraordinary charges. * 199. Budget estimates. – (1) The municipal council shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget to the Government before such date as may be fixed by it in that behalf. (2) The budget shall contain provision adequate in the opinion of the Government for the due discharge of all liabilities in respect of loans contracted by the council and for the maintenance of a working balance; and if the budget as submitted to the Government fails to make these provisions, the Government may modify any part of the budget so as to ensure that such provisions are made. * 200. Revised or supplemental budget. – If in the course of a year a municipal council finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services it undertakes, it may submit a supplemental or revised budget provided that no alteration shall be made without the consent of the Government in the amount allotted for the service of debt or in the working balance. * 201. Reduction or transfer of budget grants. – The municipal council may, if it thinks necessary, at any time during the year -- (a) reduce the amount of a budget-grant; or (b) transfer and add the amount, or a portion of the amount of one budget-grant to the amount of any other budget-grant: * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 287 Provided that --- (i) due regard shall be had, when making any such reduction or transfer, to all the requirements of this Act; (ii) the aggregate sum of the budget-grants contained in the budget estimate adopted by the council shall not be increased except by the council under section 200. * 202. Re-adjustment of income and expenditure to be made by the council during the course of the year, whenever necessary. -- (1) If it shall at any time during any year appear to the council that, notwithstanding any reduction of budget grants that may have been made under section 201, the income of the municipal fund during the said year will not suffice to meet the expenditure sanctioned in the budget estimate of the said year and to leave at the close of the year such cash balance as may be prescribed, it shall be incumbent on the council either to diminish the sanctioned expenditure of the year so far as it may be possible so to do with due regard to all the requirements of this Act or to have recourse to supplementary taxation, or to adopt both of these expedients in such measure as may be necessary to secure the cash balance at the close of the year. (2) Whenever the council determines to have recourse to supplementary taxation in any year, it shall do so by increasing for the unexpired portion of the year, the rate at which any tax or duty is being levied, subject to the conditions, limitations and restrictions laid down in Chapter VIII and in this Chapter. * 203. Powers of the Government over budget. – The Government may direct a council to modify their estimates in keeping with the provisions of this Act or on grounds of any excessive or inadequate appropriations in any of the items in the budget. *204. Provisions as to unexpended budget-grant. – If the whole or any part of any budget-grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years the municipal council may sanction the expenditure of such budge-grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget-grant was originally made and not for any other purpose or object. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 288 * 205. Appointment of auditors of accounts. – (1) The Government shall appoint auditors of the accounts of receipts and expenditure of the municipal fund. (2) Such auditors shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860). * 206. Powers of auditors. – (1) The auditors may -- (a) by summons in writing, require the production of any book, deed, contract, account, voucher, receipt or other document the perusal or examination of which they consider necessary; (b) by summons in writing require any person having the custody or control of any such document or accountable for it to appear in person before them; (c) require any person so appearing to make and sign a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto. (2) The auditors shall – (a) report to the council any material impropriety or irregularity which they may observe in the expenditure or in the recovery of moneys due to the council or in the municipal accounts; (b) furnish to the council such information as it may require concerning the progress of their audit; (c) report to the council any loss or waste of money or other property owned by or vested in the council caused by neglect or misconduct, with the names of persons, directly or indirectly, responsible for such loss or waste; and (d) submit to the council a final statement of the audit and a duplicate copy thereof to the Government within a period of three months from the end of the financial year, or within such other period as the Government may notify. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 289 * 207. Defect and irregularities to be rectified by the Commissioner – The Commissioner shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and report the same to the council. * 208. Remarks of the council on the final statement of the audit. – The council shall forward its remarks, if any, on the final statement of the audit to the Government through the Examiner of Local Fund Accounts within a period of three months from the date of the receipt of the said statement by the council. * 209. Audit, surcharge and disallowance. – (1) The auditors may disallow every item contrary to law and surcharge the same on the person making, or authorising the making of, the illegal payment; and may charge against any person responsible therefor the amount of any deficiency, loss or unprofitable outlay incurred by the negligence or misconduct of that person or of any sum which ought to have been, but is not, brought into account by that person and shall, in every such case, certify the amount due from such person. Explanation. – It shall not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency or loss, to contend that notwithstanding his negligence or misconduct the deficiency or loss would not have occurred but for the negligence or misconduct of some other person. (2) The auditors shall state in writing the reasons for their decision in respect of every disallowance, surcharge or charge and furnish by registered post a copy thereof to the person against whom it is made. (3) If the person to whom a copy of the auditor’s decision is so furnished refuses to receive it, he shall nevertheless be deemed to have been duly furnished with a copy of such decision within the meaning of sub-section (2). The period of fourteen days fixed in sections 210 and 211shall be calculated from the date of such refusal. * 210. Appeal against the decision of the auditor. – (1) Any person aggrieved by disallowance, surcharge or charge made may, within fourteen days after he has received or been served with the decision of the auditor, apply to the Director, who may after considering the decision of the auditor and after making such further inquiry as he considers necessary, confirm, modify or remit such disallowance, surcharge or charge. A copy of such order shall be immediately communicated to the Commissioner with intimation to the person concerned. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 290 (2) In case where the order of the Director is against the person concerned, the Commissioner shall direct such person to pay to the municipality before a fixed date to be specified in the notice, the amount required to be reimbursed as per the orders of the Director referred to in sub-section (1). It the amount is not so paid, it shall be recovered in the manner prescribed under section 175 and credited to municipal fund. (3) An appeal shall lie to the District court against the order of the Director made under sub-section (1). But no such appeal shall be held by such court, unless it is brought within one month from the receipt by the concerned person of the order of the Director or of the notice of the Commissioner whichever is later and the amount claimed has been deposited by him with the Commissioner, and the court after taking such evidence as it thinks necessary, may confirm, modify, or remit such amount and make such order as to costs as it thinks proper in the circumstances. * 211. Recovery of amount certified to be due. – Every sum certified to be due from any person by auditors under this Act shall be paid by such person to the Commissioner within fourteen days after the intimation to him of the decision of the auditors; and such sum if not so paid, shall be recoverable in the manner prescribed under section 175. * 212. Powers of the Government to waive. – Notwithstanding anything contained in the preceding sections, the Government may, at any time direct that the recovery of the whole or any part of the amount certified to be due from any person by auditors under this Act shall be waived if in their opinion such a course is necessary considering all the circumstances of the case. * 213. Contributions to expenditure by other local authorities. – (1) If the expenditure incurred by the Government or by any other municipality to which this Act applies or by any other local authority in the Union territory for any purpose authorised by or under this Act is such as to benefit the inhabitants of a municipality, the municipal council may, with the sanction of the Government, make a contribution towards such expenditure. (2) The Government may direct a municipal council to show cause, within a month after receipt of the order containing the direction, why any contribution described in sub-section (1) should not be made. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 291 (3) If the municipal council fails to show cause within the said period to the satisfaction of the Government, the Government may direct it to make such contribution as it shall name, and it shall be paid accordingly. * 214. Recovery of loans and advances made by the Government. – Notwithstanding anything contained in the Local Authorities Loans Act, 1914 (Central Act 9 of 1914) the Government shall be entitled to recover in the manner provided by sub-section (7) of section 107 or by suit any loan or advance paid to any municipal council for any purpose to which the funds of the said council may be applied under this Act. * 215. Grant by Government to the municipal fund. -- The Government may contribute every year to the funds of any municipality by way of such grant and subject to such terms and conditions and in such manner as it deems fit for all or any of the following purposes, namely: - (a) water-supply; (b) drainage; (c) development plan and town planning schemes under any law for the time being in force in the Union territory. (d) Public health; (e) Construction and maintenance of roads; and (f) such other amenities or objects connected with the municipal administration as the Government may, from time to time, determine. CHAPTER – X WATER-SUPPLY, LIGHTING AND DRAINAGE Water-supply ** 216. Vesting of works in municipal councils.- (1) All public water-courses and springs and all public reservoirs, tanks, cisterns, fountains, wells, stand-pipes, and other water works existing at the commencement of this Act or after wards made, laid or erected, and whether made, laid or erected at the cost of the municipal councils or otherwise, and also any adjacent land (not being private property) appertaining thereto shall vest in the council and be subject to its control: * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. ** The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. 292 Provided that nothing contained in this section shall apply to any work which is, or is connected with, a work or irrigation or to any adjacent land appertaining to any such work. (2) The Government may, by notification, limit or define such control or may assume the administration of any public source of water-supply and public land adjacent and appertaining thereto after consulting the municipal council and giving due regard to its objections, if any. * 217. Construction and maintenance of water works.- (1) The municipal council may, with the sanction of the Government, direct the construction of such works as it deems fit outside the limits of the municipality for supplying it with water and may provide channels, tanks, reservoirs, cisterns, engines, mains, wells, fountains, stand- pipes, and other works as it may deem fit within the said limits for the use of the inhabitants. (2) The council may cause existing works for the supply of water to be maintained and supplied with water, or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water. * 218. Constitution of water boards for local authorities.- (1) Notwithstanding anything contained in section 216, the Government may constitute a water board for one or more municipalities or other local authorities for the construction and maintenance of water works for the supply of water to such municipalities or local authorities. (2) The local authority or authorities, for which water board is constituted under sub-section (1) shall, subject to such conditions as may be prescribed, be bound to take water from such water board on and from the date of completion of the construction or of the commencement of the maintenance of a water works by such water board. * 219. Trespass on premises connected with water supply.- It shall not be lawful for any person, except with permission duly given and obtained, to enter upon land belonging to or vested in a municipal council along which a conduit or pipe runs, or upon any premises connected with the water-supply. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. 293 * 220. Prohibition of building over water mains.- (1) Without the permission of the council no building, wall or other structure shall be newly erected and no street shall be constructed over any municipal water mains. (2) If any building, wall or other structure be so erected or any street be so constructed, the council may cause the same to be removed or otherwise dealt with as shall appear to it fit and the expenses thereby incurred shall be paid by the persons offending. Supply for domestic use. * 221. Council to provide water for domestic use.- The municipal council, shall so far as the funds at, its disposal may admit, provide a sufficient supply of water fit for the domestic use of the inhabitants. * 222. Control over house-connections.- All house connections, whether within or outside the premises to which they belong, with any water-supply mains which may have been constructed by a municipal council shall be under the control of the council, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which they belong or for the use of which they were constructed, and in conformity with bye-laws and regulations made by the council in this behalf. * 223. Private water-supply for consumption and domestic use and powers of Commissioner to enforce provision of water supply.- (1) In municipalities in which there is a pipe supply of water, the Commissioner may, at his discretion on application by the owner or occupier of any building, arrange, in accordance with the bye-laws, to supply water thereto for domestic consumption and use: Provided that the Commissioner shall not, without the sanction of the council agree to supply water to any building assessed at an annual value of less than one hundred and twenty rupees. (2) Whenever it appears to the Commissioner that any dwelling-house assessed at an annual value of not les than two hundred rupees is without a proper supply of water for domestic consumption and use and that such a supply can be furnished from a main not more than thirty meters distant from any part of such building, the Commissioner, may, by notice, require the owner to obtain such supply and to execute all such works as may be necessary for that purpose in accordance with the bye-laws and regulations. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. 294 (3) The cost of making the connection and the cost or hire of meters shall be borne by the owner or applicant and shall be recoverable in the same manner as the property tax. Explanation Supply of water for domestic consumption and use shall not be deemed to include a supply – (a) for any trade, manufacture or business; (b) for gardens or for purposes of irrigation; (c) for building purposes; (d) for fountains, swimming baths or public baths within the municipality or for any ornamental or mechanical purposes; (e) for animals, or for washing vehicles, where such animals or vehicles are kept for sale or hire; but shall be deemed to include a supply --- (i) for flushing latrines; (ii) for all baths other than swimming baths or public baths; (iii) for the consumption and use of inmates of hotels, boarding-houses and the like and for baths used by such inmates. Private water-supply for non-domestic purposes. * 224. Power of Commissioner to supply water for non-domestic purposes.- The Commissioner may, at his discretion, supply water for any purpose other than domestic consumption and use on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed. * 225. Power of council to make bye-laws for water-supply.- (1) For all water supplied under section 223, payment shall be made on such basis, at such times, and on such conditions as may be laid down in the bye-laws made by the council, and shall be recoverable in the same manner as property tax. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. 295 (2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may --- (a) provide for the classification of supply of water under the following categories, namely: - (i) supply to residential buildings; (ii) supply to residential hotels; (iii) supply to shops, commercial establishments (other than Industrial undertakings), restaurants, eating-houses, theatres and places of public amusement or entertainment; (iv) supply to industrial undertakings; (v) supply to non-residential buildings not falling within the scope of category (ii), category (iii) or category (iv). Explanation. – In this clause, unless the context otherwise requires, the expressions “commercial establishment”, “eating-house”, “residential hotel”, “restaurant”, “shop” and “theatre” shall have the meanings assigned to them in the Puducherry Shops and Establishments Act, 1964 (9 of 1964). (b) provide for the levy of different rates of charge in respect of water supplied to the different categories specified in clause (a). (c) in cases of supply to all buildings lay down that the charge for water supplied shall be based on the number of taps allowed, irrespective of the quantity of water consumed. * 226. Supply outside the municipality.- The council may, with the sanction of the Government and shall on the direction of the Government, supply water to a local authority or other person outside the municipality on such terms, if any, as may be approved by the Government. Cutting off water-supply * 227. Power to cut off water-supply.- (1) The Commissioner may cut off the supply of municipal water from any premises --- * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. 296 (a) if the premises are unoccupied; (b) if any water tax or any sum due for water for the cost of making a connection or for the cost of hire of a meter or for the cost of carrying out any work or test connected with the water- supply which is chargeable to any person by or under Act, is not paid within fifteen days after a bill for such tax or sum has been presented; (c) if, after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of any bye-law made under this Act; (d) if the owner or occupier neglects, within a period specified in any notice issued by the Commissioner under any bye-law made under this Act, to put up a meter or to comply with any other lawful order or requisition; (e) if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying municipal water; (f) if the occupier refuses to admit the Commissioner into premises which he proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of making any examination or inquiry in connection with the water-supply, or prevents the Commissioner doing such work, placing or removing such apparatus or making such examination or inquiry; (g) if any pipes, taps, works or fittings connected with the municipal water-supply are found on examination by the Commissioner to be out of repair to such an extent as to cause waste or contamination of water; (h) if the owner or occupier causes pipes, taps, works or fittings connected with the municipal water-supply to be placed, removed, repaired or otherwise interfered with in violation of the bye-laws: Provided that in cases under clauses (e), (f), (g) and (h) the Commissioner shall not take action unless notice of not less than twenty-four hours has been given to the owner or occupier of the premises. (2) The expense of cutting off the supply shall be paid by the owner or occupier of the premises. 297 (3) In cases under clause (b) of sub-section (1) as soon as any money for non- payment of which water has been cut off together with the expense of cutting off the supply, has been paid by the owner or occupier, the Commissioner shall cause water to be supplied as before on payment of the cost, if any, of reconnecting the premises with the municipal water works. (4) No action taken under this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred. * 228. Non-liability of council for reduction of stoppage of supply in certain cases.- The municipal council not be liable to any penalty or damages for cutting off the supply of water or for not supplying water (save in the case of express stipulation in an agreement for the supply of water for other than domestic purposes) in the case of any drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes. Lighting. ** 229. Provision for lighting public street.- (1) It shall be the duty of municipal council so far as the funds at its disposal admit, to make reasonable provision for the lighting of public streets in built-up areas and for that purpose to provide such lamps and works as it thinks necessary. (2) The municipal council may also make such provision as it thinks necessary for the lighting of public streets in areas other than built-up areas. Public drainage * 230. Maintenance of system of drainage by council.- The municipal council shall, so far as the funds at the disposal may admit, provide and maintain a sufficient system of public drains. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 298 Private drainage * 231. Control over house-drains, privies and cess-pools and connection of house- drains with public drains.- (1) All house-drains whether within or outside the premises to which they belong and all private latrines and cess-pools within the municipality shall be under the control of the municipal council but shall be altered, repaired, and kept in proper order, at the expense of the owner of the premises to which the same belong or for the use of which they were constructed, and in conformity with the bye-laws and regulations made by the council in this behalf. (2) The Commissioner shall on application by the owner or occupier of any premises or the owner of a private street arrange, in accordance with the bye-laws, for the connection of the applicant’s drain with any public drain at a distance not exceeding ninety metres therefrom at the applicant’s expense. (3) If there is a public drain or outfall within a distance not exceeding thirty metres of the nearest point on any premises or if within such distance a public drain or outfall is about to be provided or is in the process of construction, the Commissioner, may, by notice, direct the owner of the said premises to construct a drain leading therefrom to such drain or place of outfall and to execute all such works as may be necessary in accordance with the bye-laws and regulations at the owner’s expense. (4) If any premises are in the opinion of the Commissioner without sufficient means of effectual drainage but no part thereof is situated within thirty metres of a public drain or its place of outfall, the Commissioner may, by notice, direct the owner of the said premises to construct a cess-pool or septic tank or filters of such material, dimensions and description, in such position and at such level as the Commissioner thinks necessary, and to construct a drain or drains emptying into such cess-pool, tank or filters and to execute all such works as may be necessary in accordance with the bye-laws and regulations: Provided that, -- (a) no requisition shall be made under this section on any person who has been exempted from payment of the property tax under sub-section (5) of section 124; * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 299 (b) no person shall be required under this section to expend a sum exceeding five times the property tax on any such building, with the land assessed with it as part of the same premises, or in the case of buildings, exempted under section 124, five times the property tax which would be payable on such building with the land which would be assessed with it to the property tax if such buildings were not exempt and if any amount exceeding the said sum is expended, the excess shall be borne by the council. * 232. Commissioner may close or limit the use of existing private drains.- (1) Where a drain connecting any premises with a public drain or other place set apart by the municipal council for the discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobjectionable but is not in the opinion of the Commissioner adapted to the general drainage system of the municipality or of the part of the municipality in which such drain is situated, the Commissioner with the approval of the council, may -- (a) subject to the provisions of the sub-section (2) close, discontinue or destroy the said drain and do any work necessary for that purpose; or (b) direct that such drain shall from such date as may be specified by him in this behalf be used for sullage and sewage only, or for water unpolluted with sullage or sewage only and by notice require the owner of the premises to make, at his own expense, an entirely distinct drain for water unpolluted with sullage or sewage or for sullage and sewage. (2) No drain shall be closed, discontinued or destroyed by the Commissioner under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with a public drain or other place aforesaid and the expense of the construction of any drain so provided by the Commissioner and of any work done under the said clause (a) shall be paid by the council. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 300 * 233. Power of Commissioner to drain premises in combination.- (1) When the Commissioner is of opinion that any group or block of premises, any part of which is situated within thirty metres of a municipal drain already existing, or about to be provided or in the process of construction may be drained more economically or advantageously in combination than separately, the Commissioner may, with the previous approval of the council, cause such group or block of premises to be drained by such method as appears to the commissioner to be best suited therefor and the expenses incurred by the Commissioner in so doing shall be paid by the owners in such proportions as the council may decide. (2) Not less than fifteen days before any work under this section commenced, the commissioner shall give notice to the owners of --- (a) the nature of the intended work, (b) the estimated expenses thereof, and (c) the proportion of such expenses payable by each owner. (3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall, in the proportion in which it is determined that they are to contribute to the expenses incurred by the commissioner under sub-section (1), be responsible for the expense of maintaining every such drain in good repair and efficient condition. * 234. Building, etc., not to be erected without permission over drains.- (1) Without the permission of the council, no person shall place or construct any fence, building, culvert, drain-covering, drain or other structure or any street or cable over, under, in or across any public drain, or stop up, divert, obstruct or in any way interfere with any public drain, whether it passes through public or private ground. (2) The commissioner may remove or otherwise deal with anything placed or constructed in contravention of sub-section (1) as he shall think fit and the cost of so doing shall be recoverable from the owner thereof in the manner provided in section 175. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 301 * 235. Construction of culverts or drain-coverings by owner or occupier.- (1) The Commissioner may, by notice, require the owner or occupier of any building or land adjoining a public street to construct culverts or drain-coverings over the side- channels or ditches at the entrances to the said building or land. (2) All culverts or drain-coverings or pails maintained over side-channels or ditches by the owners or occupiers of adjacent buildings or land shall be of such form and size and consist of such materials and be provided with such means of ventilation as the Commissioner may, by notice, require and shall be maintained and kept free from all obstruction at the expense of the said owners or occupiers. * 236. Maintenance of troughs and pipes for catching water.- The owner or occupier of any building in a public street, shall, within fifteen days after receipt of notice in that behalf from the Commissioner, put up and thenceforward maintain proper troughs and pipes for catching and carrying the water from the roof and other parts of such building and for discharging such water in such manner as the Commissioner may permit. Public latrines. **237. Provision of public latrines.- The council shall, so far as the funds at its disposal may admit, provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleansed and kept in proper order. Private latrines. ** 238. Provision of flush-out or other latrines by owner or occupier.- (1) The Commissioner may, by notice, require the owner or occupier of any building within the time specified in such notice to provide a flush-out or other latrine or alter or remove from an unsuitable to a more suitable place any existing flush-out or other latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to keep it clean and in proper order. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974. 302 (2) Every owner or occupier of the ground on which any group of six or more huts stand shall provide flush-out or other latrines of such description and number and in such position as the Commissioner may, by notice, require within such time as may be fixed in the notice for the use of the inhabitants of such huts. * 239. Provision of flush-out or other latrines for labourers.- Every person employing workmen, labourers or other persons exceeding ten in number shall provide and maintain for the separate use of person of each sex so employed flush- out or other latrines of such description and number and in such position as the Commissioner may by notice require, within such time as may be fixed in the notice. * 240. Provision of flush-out or other latrines for markets, cart-stands, cattle- sheds, choultry, etc.- The Commissioner may, by notice, require the owner or manager of a market, cart-stand, cattle-shed, choultry, theatre, railway station, dock- wharf, or other place of public resort within the time specified in such notice to provide and maintain for the separate use of persons of each sex flush-out or other latrines of such description and number and in such position as may be specified in such notice. * 241. Flush-out or other latrines to be screened from view and kept clean.- All flush-out or other latrines shall be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper order. General powers * 242. Power to carry wire, pipes, drains etc., through private property subject to causing as little inconvenience as possible and paying for direct damage. – The Commissioner may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, or lighting, through, across, under, or over any road, street or place laid out for a road or street, and after giving reasonable notice to the owner or occupier, through, across, under, over or up the side of, any land or building in the municipality, and may place and maintain posts, poles, * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 303 standards, brackets, or other contrivances to support wires and lights on any pole or post in the municipality not vested in the Government and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used or for removing the same: Provided that such works shall be done so as to cause the least practicable nuisance or inconvenience to any person: Provided further that the Commissioner, shall, with the sanction of the council, pay compensation to any person who sustains damage by the exercise of such power. * 243. Prohibition against making connection with mains without permission.- (1) No person shall, without the previous permission of the Commissioner, make any connection with any municipal cable, wire, pipe, drain or channel or with the house connection of any other person. (2) The Commissioner may, by notice, require any connection made in contravention of sub-section (1) to be demolished, removed, closed, altered or remade. * 244. Powers in respect of works outside the municipality. – (1) The municipal council shall not undertake new works beyond the limits of the municipality without the sanction of the Government. (2) The council may, in the execution and for the purpose of any works beyond the limits of municipality sanctioned by the Government, whether before or after the commencement of this Act, exercise all the powers which it may exercise within the municipality throughout the line of the territory through which conduits, channels pipes, lines of posts and wires and the like run, and with the sanction of the Government, -- (a) over any lake, tank or reservoir, from which a supply of water for drinking, for producing electric energy or for other purposes is derived, and over all lands within two kilometers of the high water level of any such lake, tank or reservoir. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 304 (b) over any water-courses from which a supply of water for drinking, for producing electric energy or for other purposes is derived, within two kilometers above and one kilometre below any point at which water is taken for such use, and (c) over any lands used for sewage farms, sewage disposal tanks, filters and other works connected with the drainage of the municipality. CHAPTER - XI SCAVENGING * 245. Municipality to arrange for the removal of rubbish and filth.- Every municipal council shall make adequate arrangements for : -- (a) the regular sweeping and cleaning of the streets and removal of sweeping therefrom; (b) the regular cleaning of latrines and cess-pools in private premises and the daily removal of filth and the carcasses of animals, from such premises; and (c) the daily removal of rubbish from dust bins and private premises; and with this object, it shall provide: -- (i) depots for the deposit of filth, rubbish and the carcasses of animals; (ii) covered vehicles or vessels for the removal of filth; (iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish; (iv) dustbins for the temporary deposit of rubbish. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 305 * 246. Contribution from persons having control over places of pilgrimage, etc.- Where a mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs, festivals or for other like purposes is situated within the limits of a municipality or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary shall be made by the municipal council, and the council may require the trustee or other person having control over such place to make such recurring or non-recurring contribution as the Government may determine to the funds of the municipal council. * 247. Prohibition of improper disposal of carcasses rubbish and filth.- No person shall after due provision has been made under section 245 by the municipal council for the deposit and removal of the same, -- (a) deposit the carcasses of animals, rubbish or filth, in any street, or on the verandah of any building, or on any unoccupied ground, alongside any street, or on any public quay, jetty or landing-place, or on the bank of a water-course or tank; or (b) deposit filth or carcasses of animals in any dustbin or in any vehicle not intended for the removal of the same; or (c) deposit rubbish in any vehicle or vessel intended for the removal of filth save for the purpose of deodorising or disinfecting the filth. * 248. Prohibition against keeping filth on premises too long, etc.- No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours any filth on such premises or any building or on the roof thereof or in any out- building or on the roof thereof or in any out-building or any place belonging thereto, or fail to comply with any requisition of the Commissioner as to the construction, repair, paving or cleaning of any latrine on or belonging to his premises. * 249. Prohibition against allowing outflow of filth.- No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street except a drain or a cess-pool or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of a street. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 306 * 250. Prohibition against using any cart without cover in the removal of filth etc. – No person shall, in the removal of filth, use any cart or receptacle not having a covering proper for preventing the escape the contents thereof, or of the stench therefrom, or intentionally or negligently spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled, or place, or set down in any public place any filth whether in a vessel closed or open. * 251. Prohibition against throwing rubbish or filth into drains. – No person shall put or cause to be put any rubbish or filth into any public drain not intended for rubbish or filth or into any drain communicating with any such public drain. CHAPTER - XII STREETS Public streets * 252. Maintenance and repair of streets.- (1) The municipal council shall, at the cost of the municipal fund, cause the public streets and bridges to be maintained and repaired and may from the same fund meet the cost of all improvements to the same which are necessary or expedient for the public safety or convenience. (2) The council may entrust to any other local authority with the consent of such authority the maintenance of any public street or portion thereof, the cost of maintenance being provided by the council. * 253. Powers of municipal authorities.- (1) The council may.- (a) layout and make new public streets; (b) construct bridges and sub-ways; (c) turn, divert or with the special sanction of the Government permanently close any public street or part thereof; (d) widen, open, extend or otherwise improve any public street. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 307 (2) Compensation shall be paid to the owners and occupiers of any land or buildings which are required for or affected by any such purposes. * 254. Power to dispose of permanently closed street.- When a public street is permanently closed under section 253, the municipal council may, with the sanction of the Government, dispose of the site or of so much thereof as is no longer required, in such manner as may be approved by the Government, provided that compensation is made to any person injured by such closing. (2) In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street at or about the same time that the public street on account of which the compensation is paid, is closed. * 255. Acquisition of land and buildings for improvement of streets.- (1) The council may acquire : -- (a) any land required for the purpose of opening, widening, extending, or otherwise improving any public street, or of making any new public street, and the buildings, if any, standing upon such land; and (b) any land outside the proposed street alignment, with the buildings, if any, standing thereon: Provided that, in any case in which it is decided to acquire any land under clause (b) of this sub-section, the owner of such land may retain it by paying to the municipal council an annual sum to be fixed by the council in that behalf, or a lump- sum to be fixed by the council, not being less than twenty-five times such annual sum and subject to such conditions as the council thinks fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters. * The section came into force on the 12th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 308 (2) If any sum payable in pursuance of the proviso to sub-section (1) in respect of any land be not duly paid, it shall be recoverable in the manner provided by this Act for the collection of taxes and if not so recovered, the Commissioner may enter upon the land, and sell it, with any erections standing thereon by public auction subject to the conditions, if any imposed under sub-section (1) and may deduct the said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance, if any, to the defaulter. (3) Any sum paid in pursuance of the proviso to sub-section (1) or recovered under sub-section (2) in respect of any land shall be left out of account in determining the annual value of such land for the purpose of assessing it to the property tax. (4) Any land or building acquired under clause (b) of sub-section (1), may be sold, leased or otherwise disposed of after public advertisement, and any conveyance made for that purpose may comprise such conditions as the council thinks fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters. (5) The council may require any person to whom any land or building is transferred under sub-section (4) to comply with any conditions comprised in the said conveyance before it places him in possession of the land or building. * 256. Powers to declare any street a public street, subject to objections by owners.- (1) The council may, at any time, by notice fixed up in any street or part of a street which is not a public street, give intimation of its intention to declare the same to be a public street and unless within one month next after such notice has been so put up, the owner, or if there are more than one owner, the owners of the greater portion of such street or of such part of a street lodges or lodge objections thereto at the municipal office, the council may, by notice in writing put up in such street, or such part, declare the same to be a public street. (2) If such owner or owners object to the proposal under sub-section (1), the council may, after considering such objections and with the previous sanction of the Government, declare such street to be a public street, and the owner or owners so objecting shall be entitled to compensation under section 479. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 309 (3) Every such street, which becomes a public street under this section, shall vest in the council. * 257. Power to prescribe building line and street alignment.- The Council may -- (a) prescribe for any public street a building line or a street alignment or both; (b) from time to time define a fresh line in substitution for any line so defined or for any part thereof: Provided that in either case: -- (i) at least one month before the meeting of the council at which the matter is decided, public notice of the proposal has been given and special notice thereof has also been put up in the street or part of the street for which such line is proposed to be defined; and (ii) the council considers all objections or suggestions to the said proposal made in writing and delivered at the municipal office not less than three clear days before the day of such meeting: Provided further that in respect of any public street in a municipality maintained by the Public Works Department of the Government, the council shall exercise its powers under this section in consultation with the said Department. * 258. Building not to be constructed within street alignment or building line.- (1) No person shall construct any portion of any building within a street alignment defined under section 257. (2) No person shall erect or add to any building between a street alignment and a building line defined under section 257 except with the previous permission of the Commissioner who may, when granting the permission, impose such conditions as the council may lay down for such cases. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 310 * 259. Setting back projecting building walls.- (1) When any building or part thereof abutting on a public street is within a street alignment defined under section 257, the Commissioner may, whenever it is proposed, -- (a) to rebuild such building or take it down to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic metres, or (b) to remove, reconstruct or make any addition to any portion of such building which is within the street alignment, in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building, to be set back to the street alignment. (2) When any building or any part thereof within the street alignment falls down or is, whether by order of the Commissioner or otherwise, taken down, or when any private land without any building thereon lies within the street alignment, the Commissioner may forthwith take possession on behalf of the council of the portion of land within the street alignment and if necessary, clear it. (3) Land acquired under this section shall be deemed a part of the public street and shall vest in the municipal council. (4) When any building is set back in pursuance of any requisition made under sub-section (1), or when the Commissioner takes possession of any land under sub-section (2), the council shall make compensation to the owner for any direct damage which he may sustain thereby. Explanation. – For the purposes of this section, the expression “direct damage” with reference to land means the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of the site. * 260. Setting buildings forward to improve line of street. – The council may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, by notice, require any building to be set forward in the case of reconstruction thereof or of a new construction. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 311 Explanation. – For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line. * 261. Projected streets.- (1) The council may prepare schemes and plans of proposed public streets showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable. (2) The width of such proposed streets shall not ordinarily be less than twelve metres, or in any area covered by huts, six metres. (3) It shall be the duty of the council to lay out public streets in areas covered by huts, so far as may be practicable both for the purpose of securing proper ventilation for huts in such areas, and in view of the contingency of buildings being erected therein. (4) When any plan has been prepared under sub-section (1), the street to which it refers shall be deemed to be a projected public street, and the provisions of section 259 shall apply to all buildings so far as they stand across the street alignment or building line of the projected street. * 262. Watering of streets.- The council shall so far as it considers it requisite for the public convenience and so far as funds admit, cause the chief public streets to be watered, and for that purpose may provide such water-carts, animals and apparatus as it thinks necessary * 263. Temporary closure of streets.- The Commissioner may, by order in writing temporarily, close any street to traffic for repair, or in order to carry out any work connected with drainage, or lighting or any of the purposes of this Act: Provided that such work shall be completed and such street reopened to traffic as expeditiously as practicable. * 264. Protection of appurtenances and materials of streets.- It shall not be lawful for any person, without the permission of the Commissioner, to displace, take up, or make any alteration in the fences, posts, pavements, flags or other materials of any public streets. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 312 * 265. Power of municipality to recover expenses caused by extraordinary traffic.- When by a certificate of the municipal engineer or of the Commissioner where there is no municipal engineer it appears to the council that, having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the municipal council in repairing a street by reason of the damage caused by excessive weight passing along the street, or extraordinary traffic thereon, the council may recover in the civil court having jurisdiction from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by such council, by reason of the damage arising from such weight or traffic as aforesaid: Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with the council for the payment to it of compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section. Private streets * 266. Owner’s obligation to make a street when disposing of land as building sites.- (1) If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings, he shall, save in such cases as the site or sites may abut on an existing public or private street, lay out and make a street or streets giving access to the site or sites and connecting with an existing public or private street. (2) In regard to the laying out or making of any such street or streets, the provisions of section 267 shall apply. (3) If, in any case, the provisions of sub-sections (1) and (2) have not been complied with the Commissioner may, by notice, require the defaulting owner to lay out and make a street or streets, on such land, in such manner and within such time as may be specified in the notice. (4) If such street or streets are not laid out and made in the manner and within the time specified in the notice, the Commissioner may lay out and make the street or streets and the expenses incurred shall be paid by the defaulting owner. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 313 (5) The Commissioner may, in his discretion, issue the notice referred to in sub-section (3) or recover the expenses to in sub-section (4) to or from the owners of any building or lands abutting on the street or streets concerned, but any such owner shall be entitled to recover all reasonable expenses incurred by him or all expenses paid by him, as the case may be, from the defaulting owner referred to in sub-section (3). * 267. Making of new private streets.- (1) Any person intending to make or lay out a new private street shall send to the municipal office a written application with plans and sections showing the following particulars, namely: -- (a) the intended level, direction and width of the street. (b) the street alignment and the building line, and (c) the arrangements to be made for levelling, paving, metalling, flagging, channeling, swearing, draining, conserving and lighting the street. (2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of public streets and the height of buildings abutting thereon shall apply also in the case of streets referred to in sub-section (1); and all the particulars referred to in that sub-section shall be subject to approval by the council. (3) Within sixty days after the receipt of any application under sub-section (1), the council shall either sanction the making of the street on such conditions as it may think fit, or disallow it, or ask for further information with respect to it. (4) Such sanction may be refused.- (i) if the proposed street would conflict with any arrangements which have been made, or which are in the opinion of the council likely to be made, for carrying out any general scheme for the laying out of streets, or (ii) if the proposed street does not conform to the provisions of this Act and rules and bye-laws referred to in sub-section (2), or (iii) if the proposed street is not designed so as to connect at one end with a street which is already open. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 314 (5) (a) No person shall make or lay out any new private street without or otherwise than in conformity with the orders of the council. (b) If further information is asked for, no steps shall be taken to make or lay out the street until orders have been passed upon receipt of such information: Provided that the passing of such order shall not in any case be delayed for more than sixty days after the council has received all the information which it considers necessary to enable it to deal finally with the said application. Any application not disallowed within a period of one hundred and twenty days from the date of its receipt in the municipal office shall be deemed to have been sanctioned. * 268. Application of sections 257, 258 and 269 to private streets.- The provisions of sections 257, 258 and 259 shall apply, so far as may be, to private streets, including streets to be laid out and made under section 266 or section 267. * 269. Alteration or demolition of street made in breach of section 267.- (1) If any person makes or lays out any street referred to in section 267 without or otherwise than in conformity with the orders of the council, the Commissioner may, whether or not the offender be prosecuted under this Act, by notice - (a) require the offender to show sufficient cause, by a written statement signed by him and sent to the Commissioner on or before such day as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable, why such street should not be demolished, or (b) require the offender to appear before the Commissioner either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice, and show cause as aforesaid. (2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Commissioner why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 315 * 270. Power of Commissioner to order work to be carried out or to carry it out himself in default.- (1) If any private street or part thereof is not leveled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may, by notice, require the owners of buildings or lands fronting or abutting on such street or part thereof to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice. (2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners in default according to the frontage of their respective buildings or lands and in such proportion as may be settled by the Commissioner. * 271. Right of owners to require street to be declared public.- If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted to the satisfaction of the Commissioner, such street shall, on the requisition of not less than three-fourths of the owners thereof be declared a public street by the municipal council. Encroachment in streets * 272. Prohibition against obstructions in or over streets.– (1) No one shall build any wall or erect any fence or other obstruction or projection, or make any encroachment in or over any street except as hereinafter provided. * 273. Prohibition and regulation of doors, ground-floor windows and bars opening outwards. –(1) No door, gate, bar or ground-floor window shall, without a licence from the Commissioner, be hung or placed so as to open outwards upon any street. (2) The Commissioner may, by notice, require the owner of such door, gate, bar or window to alter it so that no part thereof when open shall project over the street. * 274. Removal of encroachment. – (1) The Commissioner may, by notice, require the owner or occupier of any premises to remove or alter any projection, encroachment or obstruction (other than a door, gate, bar or ground-floor window) situated against or in front of such premises and in or over any street. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 316 (2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any municipal authority duly empowered in that behalf and that the period, if any, for which the permission or licence is valid has not expired, the municipal council shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same. * 275. Power to allow certain projections, etc.- (1) The council may grant a licence, subject to such conditions and restrictions, as it may think fit to the owner or occupier of any premises to put up verandahs balconies sun-shades, weather-frames and the like, to project over a street, or in street, in which the construction of arcades has been sanctioned by the council, to put up an arcade; or to construct any step or drain-covering necessary for access to the premises. (2) The Commissioner may grant a licence, subject to such conditions and restrictions as he may think fit, for the temporary erection of pandas and other structures in a public place the control of which is vested in the council or in any pubic street in the municipality which is placed under the control of the Public Works Department. (3) The council shall have power to lease road sides and street margins vested in it for occupation on such terms and conditions and for such period as the council may fix. (4) Any proposal for the grant of a licence under sub-section (1) or of a lease under sub-section (3) shall be taken into consideration by the municipal council only at the instance of the Commissioner but neither a licence under sub-section (1) nor a lease under sub-section (3) shall be granted, if in the opinion of the Commissioner, the projection, construction or occupation is likely to be injurious to health or causes public inconvenience or otherwise materially interferes with the use of the road or street as such. (5) The powers under sub-sections (1) and (3) shall be exercised by the Commissioner in the case of public streets in the municipality which are placed under the control of the Public Works Department. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 317 (6) The Government may by notification, restrict and place under such control as it may think fit, the exercise by municipal councils in general or by any municipal council in particular, of the powers under sub-sections (1) and (3), and by the Commissioner of the powers under sub-sections (1), (2) and (3). (7) On the expiry of any period for which a licence had been granted under this section, the Commissioner may, without notice, cause any projection or construction put up under sub-section (1) or sub-section (2) to be removed and the cost of so doing shall be recoverable in the manner provided in section 175 from the person to whom the licence was granted. * 276. Power of council to set up hoardings and levy fees.- Subject to the provisions of sections 152 to 157 (both inclusive) the Commissioner may, with the sanction of the council, set up, for the exhibition of advertisements, hoardings, erections or other things in suitable places owned by, or vested in, the municipal council and may permit any person to use any such hoarding, erection or thing on payment of such fee as may be prescribed by regulations made by the council in this behalf. Explanation 1. – For the purposes of sections 155 and 156, the person who has been permitted to use any hoarding, erection, or other thing under this section shall be deemed to be the owner or the person in occupation of such hoarding, erection or thing. Explanation 2. – Any fee payable by any person who has been permitted to use any hoarding, erection or other thing under this section shall be, in addition to the advertisement tax, be payable by him under section 152 on advertisement exhibited by him on such hoarding, erection or thing. * 277. Precautions during repair of streets.- (1) The Commissioner shall, during the construction or repair of any street, drain or premises vested in the municipal council, --- (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 to be fixed across or in any street in which any such work is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 318 (2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during the night while under construction or repair. (3) The Commissioner shall, with all reasonable speed, complete the said work, fill in the ground, and repair the said street, drain or premises and remove the rubbish occasioned thereby. * 278. Prohibition against removal of bars and lights.- No person shall, without lawful authority, remove any bar, chain, post or shoring timber or remove extinguish any light set up under section 277. * 279. Prohibition against making holes and causing obstruction.- (1) No person shall make a hole or cause any obstruction in any street, unless, he previously obtains the permission of the Commissioner and complies with such conditions as that officer may impose. (2) When such permission is granted, the person to whom permission has been granted shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night. * 280. Licence for work on buildings likely to cause obstruction.- If any person intends to construct or demolish any building, or to alter or repair the outward part thereof, and if any street or factory is likely to be obstructed or rendered inconvenient by reason of such work, he shall first obtain a licence from the Commissioner in that behalf and shall also --- (a) cause the said building to be fenced and guarded; (b) sufficiently light it during the night; and (c) take proper precautions against accidents during such time as the public safety or convenience requires. * 281. Clearing of debris of fallen houses, etc., by occupiers.- If any obstruction is caused in any street by the fall of trees, structures or fence, the owner or occupier of the premises concerned shall, within twelve hours of the occurrence of such fall, or within such further period as the Commissioner may by notice allow, clear the street of such obstruction. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 319 Naming of streets * 282. Naming or numbering of public streets.- (1) With the previous approval of the Government or any authority or officer authorised by the Government in this behalf, the council shall give names or numbers to new public streets and may alter the name or number of any public street. (2) The Commissioner shall cause to be put up or painted in English and in the regional language on a conspicuous part of some building, wall or place, at or near each end, corner or entrance the name or number of every public street. (3) No person shall without lawful authority destroy, pull down, or deface any such name or number or put up any name or number different from that put up by order of the Commissioner. Numbers on buildings * 283. Numbering of buildings.- (1) With the previous approval of the Government or any authority or officer authorised by the Government in this behalf, the Commissioner shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises and may alter any such number. (2) No person shall without lawful authority destroy, pull down or deface any such number. (3) When a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced and if he fails to do so, the Commissioner may by notice require him to replace it. * 284. Prohibition of plying hand-carts without licence.- (1) No person shall ply any hand-cart or carriage to be notified by the municipal council in any public street or place except under and in accordance with a licence granted under the bye-laws made by the council in this behalf. (2) The council or any other municipal officer authorised by him in this behalf may seize any hand-carts or carriages used in contravention of sub-section (1). * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 320 CHAPTER – XIII BUILDING REGULATIONS General powers * 285. Building rules.- (1) The Government may make rules – (a) for the regulation or restriction of the use of sites for building, and (b) for the regulation or restriction of building. (2) Without prejudice to the generality of the power conferred by clause (a) of sub-section (1), rules made under that clause may provide – (a) that no insanitary or dangerous site shall be used for building, and (b) that no site shall be used for the construction of a building intended for public worship, if the construction of the building thereon will wound the religious feelings of any class of persons. (3) Without prejudice to the generality of the power conferred by clause (b) of sub-section (1), rules made under that clause may provide for all or any of the following matters, namely: -- (a) information and plans to be submitted together with applications for permission to build; (b) height of buildings, whether absolute or relative to the width of streets; (c) level and width of foundation, level of lowest floor, and stability of structure; (d) number and height of storeys composing a building and height of rooms; (e) provision of sufficient open space, external or internal, and adequate means of ventilation; * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 321 (f) prohibition or restriction of the construction of buildings within such distance as may be specified, from the boundary of any street; (g) provision of means of egress in case of fire; (h) provision of secondary means of access for the removal of filth. (i) materials and methods of construction of external and party walls, roofs and floors; (j) position, materials and methods of construction of hearths, smoke-escapes, chimneys, stair-cases, latrines, drains and cess- pools; (k) paving of yards; (l) restrictions on the use of inflammable materials in building; and (m) in the case of wells, the dimensions of the well, the manner of enclosing it, and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water. * 286. Building site and construction or reconstruction of buildings.- No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this Act and of any rules or bye-laws made thereunder relating to the use of building-sites or the construction or reconstruction of buildings: Provided that the Government may in respect of all municipalities or with the consent of the municipal council in respect of any particular municipality or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this Chapter or rules and bye-laws. * 287. Power of council to regulate future construction of certain classes of buildings in particular streets or localities.- (1) The council may give public notice of its intention to declare --- * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 322 (a) that in any streets or portions of streets specified in the notice -- (i) continuous building will be allowed; (ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall, in respect of their architectural features, be such as the council may consider suitable to the locality, or (b) that in any localities specified in the notice, the construction of only detached buildings will be allowed, or (c) that in any streets, portions of streets localities specified in the notice the construction of shops, warehouses, factories, huts or buildings of a specified architectural character or buildings destined for particular uses will not be allowed, without the special permission of the council. (2) No objections to any such declaration shall be received after a period of three months from the publication of such notice. (3) The council shall consider all objections received within the said period and may then confirm the declaration, and before doing so, may modify it but not so as to extend its effect. (4) The Commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication. (5) No person shall, after the date of publication of such declaration, construct or reconstruct any building in contravention of any such declaration. * 288. Building at corners of streets.- (1) The council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent otherwise as it may determine, and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity. (2) In determining the amount of compensation to be awarded for the land acquired under sub-section (1) allowance shall be made for any benefit accruing to the same premises from the improvement of the streets. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 323 * 289. Prohibition against use of inflammable materials for buildings without permission. – No external roof, verandah, pandal or wall of a building shall be constructed or reconstructed of grass, leaves, mats or other inflammable materials except with the previous permission of the Commissioner. * 290. Prohibition against constructing door, ground-floor windows and bars so as to open outwards. – No door, gate, bar or ground-floor window which opens on any public street shall be constructed or reconstructed so as to open outwards except with the licence of the Commissioner under section 273. Buildings other than huts * 291. Application to construct or reconstruct buildings.- (1) If any person intends to construct or reconstruct a building other than a hut, he shall send to the Commissioner -- (a) an application in writing for the approval of the site together with a site plan of the land, and (b) an application in writing for permission to execute the work together with a ground plan, elevations and sections of the buildings, and a specification of the work. Explanation. --- In this sub-section “building” shall include a wall or fence of whatever height bounding or abutting on any public street. (2) Every document furnished under sub-section (1) shall contain the particulars and be prepared in the manner required by the rules or bye-laws. * 292. Necessity for previous approval of site.- The Commissioner shall not grant permission to construct or reconstruct a building unless and until he has approved of the site on an application made under section 291. * 293. Prohibition against commencement of work without permission.- The construction or reconstruction of a building shall not be begun unless and until the Commissioner has granted permission for the execution of the work. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 324 * 294. Period within which Commissioner is to signify approval or disapproval.- Within thirty days after the receipt of any application made under section 291 for approval of a site or of any information or further information required by the rules or bye-laws, the Commissioner shall, by order in writing, either approve the site or refuse on one or more of the grounds mentioned in section 297 to approve the site. * 295. Period within which Commissioner is to grant or refuse to grant permission to execute work.- Within thirty days after the receipt of any application made under section 291 for permission to execute any work or of any information or of documents or further information or documents required by the rules or bye-laws, the Commissioner shall, by order in writing, either grant such permission or refuse on one or more of the grounds mentioned in section 297 to grant it: Provided that the said period of thirty days shall not begin to run until the site has been approved under section 294. * 296. Reference to council if Commissioner delays grant or refusal of approval or permission.- (1) If within the period prescribed by section 294 or section 295, as the case may be, the Commissioner has neither given nor refused his approval of a building site, or his permission to execute any work, as the case may be, the council shall be bound, on the written request of the applicant, to determine by order in writing whether such approval or permission should be given or not. (2) If the council does not, within one month from the receipt of such written request determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made thereunder. * 297. Grounds on which approval of site for, or permission to construct or reconstruct, building, may be refused.- (1) The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely: -- * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 325 (a) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specification would contravene some specified provision of any law or some specified rule, bye-law, order or declaration made thereunder; (b) that the application for such permission does not contain the particulars or is not prepared in the manner required by the rules or bye-laws; (c) that any of the documents referred to in section 291 have not been signed as required by the rules or bye-laws; (d) that any information or documents required by the Commissioner under the rules or bye-laws has or have not been duly furnished; (e) that streets have not been made as required by section 266; (f) that the proposed building would be an encroachment upon any land belonging to or vested in the Central Government or any State Government or the municipal council; or (g) that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894). (2) Whenever the Commissioner or the council refuses to approve a building site for a building or to grant permission to construct or reconstruct a building the reasons for such refusal shall be specifically stated in the order of the Commissioner or the resolution of the council as the case may be. * 298. Lapse of permission.- If the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued. * 299. Inspection by Commissioner.- The Commissioner may inspect any building during the construction or reconstruction thereof, or within one month from the date of receipt of the notice given under section 141. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 326 * 300. Power of Commissioner to require alteration of work.- (1) If the Commissioner finds that the work --- (a) is otherwise than in accordance with the plans or specifications which have been approved, or (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made thereunder, he may, by notice, require the owner of the building within a period stated in such notice either --- (i) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans or provisions, or (ii) to show cause why such alteration should not be made. (2) If the owner does not show cause as aforesaid, the Commissioner shall be bound to make the alterations specified in such notice. (3) If the owner shows cause as aforesaid the Commissioner shall, by an order, cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he may think fit. * 301. Stoppage of work endangering human life.- Notwithstanding anything contained in any of the preceding sections, the Commissioner may, at any time, stop the construction or reconstruction of any building if in his opinion the work in progress endangers human life. * 302. Completion certificates.- (1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work. (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act: * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 327 Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, such permission shall be deemed to have been granted. * 303. Restrictions on uses of buildings.- No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the condition, if any, of such permission -- (a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the rules or bye-laws made thereunder; (b) change or allow the change of the use of any land or building; (c) convert or allow the conversion of one kind of tenement into another kind. Wells * 304. Application of certain sections to wells.- The provisions of sections 291 to 301 (both inclusive) shall, so far as may be, apply to a well. Huts * 305. Application to construct or reconstruct huts.- (1) Every person who intends to construct or reconstruct a hut shall send to the Commissioner - (a) an application for permission to execute the work, and (b) a site-plan of the land. (2) Every such application and plan shall contain the particulars and be prepared in the manner required by the rules or bye-laws. * 306. Prohibition against commencement of work without permission.- The construction or reconstruction of a hut shall not be begun unless and until the Commissioner has granted permission for the execution of the work on an application sent to him under section 305. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 328 * 307. Period within which Commissioner is to grant or refuse to grant permission to execute the work.- Within fourteen days after the receipt of any application made under section 305 for permission to construct or reconstruct a hut or of any information or plan or further information or fresh plan required by the rules or bye-laws, the Commissioner shall, by order in writing, either grant such permission or refuse on one or more of the grounds mentioned in section 309 to grant it. * 308. Reference to the standing committee or council if Commissioner delays passing orders.- (1) If, within the period prescribed by section 307, the Commissioner has neither granted nor refused to grant permission to construct or reconstruct a hut the standing committee or if no such committee has been constituted the council, shall be bound, on the written request of the applicant to determine by order in writing whether such permission should be granted or not. (2) If the standing committee or as the case may be, the council does not, within thirty days from the receipt of such request determine whether such permission should be granted or not, such permission shall be deemed to have been granted and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or bye-laws made thereunder. * 309. Grounds on which permission to construct or reconstruct hut may be refused.- (1) Permission to construct or reconstruct a hut may be refused on any of the following grounds, namely: -- (a) that the work or use of the site for the work would contravene some specified provision of any law or some specified rule, bye- law, order or declaration made thereunder; (b) that the application for such permission does not contain the particulars or is not prepared in the manner required by the rules or bye-laws; (c) that any information or plan required by the Commissioner under the rules or bye-laws has not been duly furnished; (d) that streets have not been made as required by section 266; * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 329 (e) that the land on which the hut is to be constructed, or the street or streets on which such land abuts is not adequately drained, levelled or lighted; (f) that the proposed building would be an encroachment upon land belonging to or vested in the Central Government or any State Government or the municipal council; or (g) that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894. (2) Whenever the Commissioner or the standing committee or the council refuses to grant permission to construct or reconstruct a hut the reasons for such refusal shall be specifically stated in the order of the Commissioner or the resolution of the committee or council, as the case may be. * 310. Lapse of permission.- If the construction or reconstruction of any hut is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued. General * 311. Restriction on the power to refuse approval or permission for construction of buildings or huts.- Notwithstanding anything contained in section 297 or section 309, approval or permission shall not, without the previous sanction of the Government, be refused under section 297 or under section 309, as the case may be, on the ground that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894 and where such approval or permission is refused on the ground aforesaid, the provisions of the Land Acquisition Act, 1894 shall, within a period of six months from the date of such refusal, be applied to acquire the site if they have not already been put into force in respect of the site. External walls, alterations and additions * 312. Maintenance of external walls in repair.- The owner or occupier of any building adjoining a public or private street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the Commissioner. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 330 * 313. Application of provisions to alterations and additions.- (1) The provisions of this Chapter and of the rules or bye-laws made thereunder relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto: Provided that works of necessary repair which do not affect the position or dimension of a building or any room therein shall not be deemed an alteration or addition for the purposes of this section. (2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimension of a building or room such question shall be referred to the council whose decision shall be final. Powers of the Commissioner * 314. Demolition or alteration of building work unlawfully commenced, carried, on or completed.- (1) If the Commissioner is satisfied, -- (i) that the construction or reconstruction of any building or well-- (a) has been commenced without obtaining the previous permission of the Commissioner or (where an appeal or reference has been made to the council) in contravention of any order passed by the council, or (b) is being carried on, or has been completed otherwise than, in accordance with the plans or particulars on which such permission or order was based, or (c) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or bye-law made thereunder or of any direction or requisition lawfully given or made under this Act or any such rule or bye-law, or (ii) that any alteration required by any notice issued under section 300 have not been duly made, or (iii) that any alteration or addition to any building or any other work made or done for any purpose into or upon any building, has been commenced or is being carried on or has been completed in breach of section 313, * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 331 he may make a provisional order requiring the owner or the builder to demolish the work done or so much of it as, in the opinion of the Commissioner, has been unlawfully executed or to make such alterations as may in the opinion of the Commissioner, be necessary to bring the work into conformity with this Act, or with the rules, bye-laws, directions or requisition as aforesaid, or with the plans and particulars on which such permission or order was based; and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building or well. (2) The Commissioner shall serve a copy of the provisional order made under sub-section (1) on the owner of the building or well together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed. (3) If the owner fails to show cause to the satisfaction of the Commissioner, the Commissioner may confirm the order with any modification he may think fit to make, and such order shall then be binding on the owner. * 315. Power of Commissioner to impose penalty in the case of unauthorised constructions or alterations.- (1) Notwithstanding any action taken under section 300 or section 449 where in the opinion of the Commissioner any building has been constructed or altered otherwise than in accordance with the plans and specifications which have been approved or in contravention of any of the provisions of this Act or any rule, bye-law, order or declaration made thereunder, the Commissioner may direct the owner of such building to pay by way of penalty, a sum not exceeding fifty rupees for every half-year or part thereof in respect of every one hundred square meters or part thereof covered by the portion or portions of the buildings so constructed or altered, the area of the ground floor and the other floors, if any, being reckoned separately. (2) Such penalty shall be recovered in the same manner as the property tax until the portion or portions aforesaid are removed or rectified by the owner and the resulting construction is approved by the Commissioner. * The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. 332 Exemptions * 316. Exemptions. – (1) Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house, summer-house (not being a dwelling-house), poultry-house or aviary, shall be exempted from the provisions of this Chapter, other than section 291, provided the building be wholly detached from and situated at a distance of at least three metres from the nearest adjacent building. (2) (a) The Commissioner may grant permission at his discretion on such term as he may decide in each case to erect for a specified period temporary huts or sheds for stabling, for watching crops, for storing tools or materials, or for other similar purposes. (b) On the expiry of the period specified, the Commissioner may, by notice, require the owner of such hut or shed to demolish it. CHAPTER – XIV NUISANCES Dangerous structures, trees and places * 317. Precautions in case of dangerous structures.- (1) If any structure appears to the Commissioner to be in a ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures, the Commissioner may, by notice, require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom. (2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in section 175. (3) If, in the opinion of the Commissioner, the said structure is imminently dangerous to the inmates thereof, the Commissioner shall order the immediate evacuation thereof and any person disobeying may be removed by any police officer. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 333 * 318. Precautions in case of dangerous trees.- (1) If any tree or any branch of a tree or the fruit of any tree appears to the Commissioner to be likely to fall and thereby endanger any person or any structure, the Commissioner may by notice require the owner of the said tree to secure, lop or cut down the said tree or remove the fruit thereof so as to prevent any danger therefrom. (2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such other temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner of the tree in the manner provided in section