Section 412

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

Pound-fees and expenses chargeable to be fixed.- (1) The pound-fee chargeable shall be such as the Government may, from time to time by rules prescribe for each kind of cattle. (2) The expenses chargeable shall be at such rates for each day during any part of which any cattle is impounded, as the council may, by bye-laws, fix. * 413. Complaints of illegal seizure of detention.- (1) Any person whose cattle have been seized under this chapter, or having been so seized, have been detained, in contravention thereof, may, at any time, within ten days from the date of the seizure, make a complaint to a Magistrate of the First Class. (2) The complaint shall be made by the complaint in person or by an agent personally acquainted with the circumstances of the case. If the Magistrate on examining the complainant or his agent has reason to believe that the complaint is well founded, he shall summon the persons complained against, and make an inquiry into the case. (3) If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant for the loss caused by the seizure or detention reasonable compensation not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complaint in procuring the release of the cattle, and if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fees and expenses leviable under this Chapter shall be paid by the person who made the seizure or detained the cattle. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 373 (4) The compensation, fees and expenses, mentioned in this section, may be recovered as if they were fines imposed by the Magistrate. CHAPTER – XVII EVICTION OF PERSONS FROM MUNICIPAL PREMISES * 414. Definitions.- For the purposes of this Chapter, (a) “municipal premises” means any lands or any building or part of a building belonging to or vesting in, the municipal council and includes -- (i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (b) “unauthorised occupation”, in relation to any municipal premises, means the occupation, by any person of the municipal premises without authority for such occupation and includes the continuance in occupation by any person of the municipal premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. * 415. Issue of notice to show cause against order of eviction.- (1) If the Commissioner is of opinion that any persons are in unauthorised occupation of any municipal premises and that they should be evicted, the Commissioner shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (2) The notice shall, --- (a) specify the grounds on which the order of eviction is proposed to be made; and * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 374 (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the municipal premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof. (3) The Commissioner shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the municipal premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned. (4) Where the Commissioner knows or has reason to believe that any persons are in occupation of the municipal premises, then without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person in the manner provided in section 467. * 416. Eviction of unauthorised occupants.- (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 115 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Commissioner is satisfied that the municipal premises are in unauthorised occupation, the Commissioner may, on a date to be fixed or the purpose, make an order of eviction for reasons to be recorded therein directing that the municipal premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the municipal premises. (2) If any person refuses or fails to comply with the order of eviction within thirty-five days of the date of its publication under sub-section (1), the Commissioner or any other officer duly authorised by the Commissioner in this behalf may evict that person from, and take possession of, the municipal premises and may, for that purpose, use such force as may be necessary. * 417. Disposal of property or property left on municipal premises by unauthorsied occupants. – (1) Where any persons have been evicted from any municipal premises under section 416, the Commissioner may, after giving fourteen days’ notice to the person from whom possession of the municipal premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 375 (2) Where any property is sold under sub-section (1) the sale proceeds shall, after deducting the expenses of the sale and amount, if any, due to the municipal council on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the Commissioner to be entitled to the same: Provided that where the Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final. * 418. Power to recover rent or damages in respect of municipal premises as arrears of land revenue.- (1) Where any person is in arrears of rent payable in respect of any municipal premises, the Commissioner may, by an order in writing, require that person to pay the same within such time and such instalments as may be specified in the order. (2) Where any person, is, or has at any time been in unauthorised occupation of any municipal premises, the Commissioner may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may by an order in writing, require that person to pay the damages within such time and in such instalments as may be specified in the order. (3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Commissioner. * 419. Power of Commissioner.- The Commissioner shall, for the purpose of holding any inquiry under this Chapter, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit, in respect of the following matters, namely: -- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) any other matter which may be prescribed. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 376 * 420. Appeal.- (1) An appeal shall lie from every order of the Commissioner made in respect of any municipal premises under section 416 or section 418 to an appellate officer who shall be the District Judge or any other Judge not below the rank of a Subordinate Judge as may be specified by him in this behalf. (2) An appeal under sub-section (1) shall be preferred, --- (a) in the case of an appeal from an order under section 416, within fifteen days from the date of publication of the order under sub- section (1) of that section; and (b) in the case of an appeal from an order under section 418, within fifteen days from the date on which the order is communicated to the appellant: Provided that the appellate officer may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) Where an appeal is preferred from an order of the Commissioner, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. (5) The cost of any appeal under this section shall be in the discretion of the appellate officer. * 421. Finality of orders.- Save as otherwise expressly provided in this Chapter, every order made by the Commissioner or appellate officer under this Chapter shall be final and shall not be called in question in any original suit, application or execution proceedings. * 422. Offences and Penalties.- (1) If any person who has been evicted from any municipal premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 377 (2) Any Magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any action that may be taken against him under this Act. * 423. Power to make rules.- (1) The Government may, by notification, make rules generally to provide for or to regulate matters in respect of eviction from municipal premises to be made under this Act. (2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely: -- (a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served; (b) the holding of inquiries under this Act; (c) the procedure to be followed in taking possession of municipal premises; (d) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages; (e) the manner in which appeals may be preferred and the procedure to be followed in appeals; (f) any other matter which has to be or may be, prescribed. CHAPTER – XVIII THE PREVENTION OF DISEASE Infectious diseases * 424. Definition of “infectious disease”.- In this Act, “infectious disease” means – (a) acute influenzal pneumonia; (b) anthrax; * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 378 (c) cerebrospinal fever; (d) chicken pox; (e) cholera; (f) diphtheria; (g) enteric fever; (h) leprosy; (i) measles; (j) plague; (k) rabies; (l) relapsing fever; (m) scarlet fever; (n) smallpox; (o) tuberculosis; (p) typhus; or (q) any other disease which the Government may, from time to time, by notification, declare to be an infectious disease, either generally throughout the Union territory or in such part or parts thereof as may be specified in the notification. * 425. Obligation of medical practitioner or owner or occupier to report infectious disease.- (1) If any medical practitioner becomes cognizance of the existence of any infectious disease in any private or public dwelling (not being a public hospital) in the municipality he shall inform the Commissioner with the least practicable delay. (2) (a) The information shall be communicated in such form and with such details as the Commissioner may require. (b) The Commissioner may pay a fee not exceeding one rupee for each intimation by a private medical practitioner of a case occurring in his practice. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 379 (3) The provisions of this section shall apply to a hakeem or a vaidyan. (4) With the previous approval in all cases of the Director, the Commissioner may direct the compulsory notification, by the owner or occupier of every house within the municipal limits during such period and to such officer, as the Commissioner may specify, of all deaths from, or occurrence of infectious diseases in his house. * 426. Power of entry into suspected places.- The Commissioner or health officer or any person duly authorised by the Commissioner or health officer may, at any time by day or by night without notice, or after giving such notice as may appear to him reasonable, inspect any place in which any infectious disease is reported or suspected to exist, and take such measure as he may think fit to prevent the spread of such disease beyond such place. * 427. Disinfection of buildings and articles.- (1) If the Commissioner or health officer is of opinion that the cleaning or disinfecting of any premises or part thereof, or of any article therein which is likely to retain infection, will tend to prevent or check the spread of any infectious disease, he may, by notice require the occupier to cleanse or disinfect the same in the manner and within the time specified in such notice. (2) If the Commissioner or health officer considers that immediate action is necessary, or that the occupier is, by reason of poverty or otherwise, unable effectually to comply with his requisition, the Commissioner or health officer may himself, without notice cause such premises or article to be cleansed or disinfected and for this purpose may cause such article to be removed from the premises, and the expenses incurred by the Commissioner or health officer shall be recoverable from the said occupier in cases in which he is, in the opinion of the Commissioner or health officer, able effectually to comply with such requisition. * 428. Provision of places for disinfection and power to destroy infected articles.- (1) The Commissioner shall, from time to time, notify places at which conveyances, clothing, bedding or other articles, which have been exposed to infection from any infectious disease shall be washed or disinfected. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 380 (2) The Commissioner may direct any clothing, bedding or other articles likely to retain such infection to be disinfected or destroyed and shall, on demand, give compensation for any article destroyed under this sub-section. (3) No person shall wash such clothing or bedding or other articles in any place other than those set apart for such purposes under sub-section (1). * 429. Prohibition against transfer of infected articles.- No person shall, without previously disinfecting it, give, lend, let, hire, sell, transmit, or otherwise dispose of any article which he knows or has reason to believe has been exposed to infection from any infectious disease: Provided that noting in this section shall apply to a person who transmits with proper precaution any article for the purpose of having it disinfected. * 430. Power of council to prohibit use of water likely to spread infection.- If the Director of Medical Services, the health officer or the local medical officer certifies that the water in any well, tank or other place within the limits of the municipality is likely, if used for drinking to endanger or cause the spread of any infectious disease, the council may, by public notice, prohibit the removal or use of such water for drinking and domestic purpose during a specified period. * 431. Commissioner may order removal of patients to hospital.- When a hospital or other place for the reception of persons suffering from infectious diseases is provided by the municipal council, the Commissioner may, on a certificate signed by a registered medical practitioner arrange for, or direct, the removal to such hospital or place of any person suffering from an infectious disease who is in the opinion of such medical practitioner, without proper lodging or accommodation, or without medical supervision directed to prevent the spread of the disease, or who is in a place occupied by more than one family. * 432. Prohibition against infected person carrying on occupation.- If any person knows or has been certified by the health officer, the local medical officer or a registered medical practitioner that he is suffering from an infectious disease, he shall not engage in any occupation or carry on any trade or business unless he can do so without risk of spreading the disease. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 381 * 433. Prohibition against diseased person entering public conveyance.- (1) No person who is suffering from any infectious disease shall, without taking proper precautions against spreading such disease, cause or suffer himself to be conveyed in a public conveyance. (2) No person who is suffering from any infectious disease shall enter a public conveyance without previously notifying to the owner or driver or person in charge of such conveyance that he is so suffering. (3) No owner, driver, or person in charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as aforesaid in contravention of sub-section (1). (4) Notwithstanding anything contained in any law relating to public conveyances for the time being in force no owner or driver or person in charge of a public conveyance shall be bound to convey any person suffering as aforesaid unless and until the said person pays or tenders a sum sufficient to cover any loss and costs that may be incurred in disinfecting such conveyance. (5) (a) A court convicting any person of contravening sub-section (1) or sub-section (2) may levy, in addition to the penalty for the offence provided in this Act, an additional fine of such amount as the court deems sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting the conveyance. (b) The amount of any additional fine so imposed shall be awarded by the court to the owner or driver of the conveyance: Provided that if such additional fine is imposed in a case which is subject to appeal the amount shall not be paid to the owner or driver before the period allowed for presenting the appeal has lapsed, or, if any appeal is presented, before the decision of the appeal. (6) At the time of awarding compensation in any subsequent civil suit relating the same matter, the court shall take into account any sum which the plaintiff shall have received under this section. * 434. Letting of infected building.- (1) No person shall let or sub-let or for that purpose allow any person to enter a building or any part of a building in which he knows or has reason to believe that a person has been suffering from any infectious disease without having the same and all articles therein liable to retain infection disinfected to the satisfaction of the Commissioner. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 382 (2) For the purposes of sub-section (1), the keeper of a hotel or lodging house shall be deemed to let the same or part of the same to any person accommodated therein. * 435. Power to order closure of places of public entertainment.- In the event of the prevalence of any infectious disease within the municipality, the council may by notice require the owner or occupier of any building, booth or tent used for purposes of public entertainment to close the same for such period as it may fix. * 436. Minor suffering from infectious disease not to attend school or college.- (1) No person being the parent or having the care or charge of a minor who is or has been suffering from an infectious disease or has been exposed to infection therefrom shall, after a notice from the health officer or the local medical officer that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the health officer the local medical officer or a registered medial practitioner a certificate that in his opinion such minor may attend without undue risk of communicating such disease to others. (2) No fee shall be charged by the health officer or the local medical officer for the grant of a certificate under this section. Small Pox * 437. Compulsory vaccination.- (1) Vaccination shall be compulsory in every municipality in respect of such persons and to such extent as may be prescribed. (2) The procedure prescribed in such rules for enforcing vaccination shall be observed. * 438. Obligation to give information of smallpox.- Where an inmate of any dwelling place is suffering from smallpox, the head of the family to which the inmate belongs and in his default, the occupier or person in charge of such place, shall inform the Commissioner with the least practicable delay. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 383 * 439. Restriction on entry of persons inoculated for smallpox.- No person who has undergone the operation of inoculation shall enter any municipality before the lapse of forty days from the date of inoculation without a certificate from a medical practitioner of such class as the council may authorise to grant such certificates, stating that such person is no longer likely to produce smallpox by contact or near approach CHAPTER – XIX RULES, BYE-LAWS AND REGULATIONS Rules * 440. Power of Government to make rules.- (1) Without prejudice to any power to make rules contained elsewhere in this Act, the Government may, by notification, make rules to carry out all or any of the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or regulate --- (a) all matters expressly required or allowed by this Act to be prescribed; (b) all maters not expressly provided for in this Act relating to the election of Chairman and Vice-Chairman; (c) the conditions on which property may be acquired by the municipal council or on which property vested in or belonging to the municipal council may be transferred by sale, mortgage, lease, exchanges or otherwise; (d) the conditions on which the property of any charitable endowment the management and superintendence of which have been made over to the municipal council may be acquired by it or on which property so acquired may be transferred by sale, mortgage, lease, exchange or otherwise; (e) the working of provident funds; * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 384 (f) the matters mentioned in section 198, the conditions on which grants-in-aid shall be paid from the municipal fund for purposes of medical relief and the conditions on which grants and loans may be made to co-operative building societies; (g) the intermediate offices, if any, through which correspondence between the municipal authorities and the Government or officers of the Government shall pass; (h) the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the municipal council and the power of the municipal authorities or officers of the Government to accord professional or administrative sanction to estimates; (i) the accounts to be kept by the municipal council; the manner in which such accounts shall be audited and published and the conditions under which the rate-payers may appear before auditors, inspect books and vouchers and take exception to items entered or omitted therein; (j) the estimate of receipts and expenditure returns, statements and reports to be submitted by municipal council; (k) the mode in which the officers of the Government shall advise and assist municipal councils in carrying out the purposes of this Act; (l) the interpellation of the Chairman by the members of the council; (m) the moving of resolutions at the meetings of the council; (n) the sharing between local authorities of the proceeds of the profession tax and other taxes or income levied or obtained under this Act or any other Act; (o) the form and the manner in which the registers for vital statistics shall be maintained, the form of returns or certificates and the fees in respect thereof; (p) the transfer of allotments entered in the sanctioned budget of a municipal council from one head to another; (q) the powers of auditors, inspecting and superintending officers and officers authorised to hold inquiries, to summon and examine witnesses, and to compel the production of documents and all other matters connected with audit, inspection and superintendence; 385 (r) determining the cost of buildings and lands; (s) the appeal against the orders of the Commissioner for which no provision has been made in this Act. (3) In making any rule, the Government may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees. (4) Every rule made under this Act, shall, as soon as may be after it is made, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. * 441. Power of Government to alter Schedule III.- (1) The Government, may, by notification, alter, add to, or cancel any of the provisions of Schedule III. (2) All references made in this Act to the aforesaid Schedule shall be construed as referring to such Schedule as for the time being amended in exercise of the powers conferred by sub-section (1). * 442. Procedure for the issue of notification under section 441.- A draft of the notification proposed to be made under sub-section (1) of section 441 shall be laid before the Legislative Assembly of Puducherry and the notification shall not be made unless the Assembly approves the draft either with or without modification or addition; but upon such approval being given, the notification may be made in the form in which it has been approved. * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. 386 Bye-laws * 443. Power of council to make bye laws.- The council may make bye-laws not inconsistent with this Act or the rules made thereunder or any other law to provide for all or any of the following matters, namely: -- (1) securing cleanliness, safety and order and the good Government and well-being of the municipality and carrying out all or any of this purposes of this Act; (2) all matters expressly required or allowed by this Act to be provided for or regulated by bye-law; (3) the due performance by all municipal officers and servants of the duties assigned to them; (4) the time and mode of collecting the taxes and duties under this Act; (5) determining the conditions under which lands shall be deemed to be appurtenant to buildings; (6) (a) the use of public tanks, wells, conduits and other places or works for water supply; (b) the regulation of public bathing, washing and the like; (c) the maintenance and protection of the water-supply system, and the protection of the water-supply from contamination; (d) the conditions on which house connections with the council’s water- supply mains may be made; their alteration and repair and their being kept in proper order; (e) supply of water for domestic consumption and use; (f) the prevention of waste of water; (g) the measurement of water; (h) the compulsory provision of cisterns and metres; (i) the supply of water in case of fires; * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 387 (7) the maintenance and protection of the lighting system; (8) (a) the maintenance and protection of the drainage system; (b) the construction of house drains and regulating their situation, mode of construction and materials; (c) the alteration and repair of house drains; (d) the cleaning of house drains; (e) the construction of cess-pools septic tanks, filters and drains; (f) the payment of apportionment of money payable on account of pipes or drains common to more premises than one; (9) the cleaning of latrines, earth-closets, ash-pits and cess-pools and the keeping of latrines supplied with sufficient water for flushing; (10) (a) the testing of water pipes and drains in private premises, the recovery or the apportionment of the cost of such testing, and the breaking-up of ground or of buildings for the purpose of such testing; (b) the licensing of plumbers and fitters and the compulsory employment of licensed plumbers and fitters; (11) (a) the laying out of streets and determining the information and plans to be submitted with applications for permission to lay out streets, and regulating the level and width of public streets and the height of buildings abutting thereon. (b) the protection of avenues, trees, grass and other appurtenances of public streets and other places; (12) The regulation of the use of parks, gardens and other public or municipal places but not including the regulation of traffic therein, the reservation thereof for particular kinds of traffic, or the closing thereof or parts thereof to traffic; (13) (a) the regulation of building; (b) determining the information and plans to be submitted with applications; (c) the licensing of builders and surveyors; and the compulsory employment of licensed builder and surveyors; 388 (14) the regulation of hotels, lodging houses, boarding houses, choultries, rest houses, emigration depots, restaurants, eating-houses, cafes, refreshment rooms, coffee-houses and any premises to which the public are admitted for repose or for the consumption of any food or drink; (15) regulating the mode of constructing stables, cattle-sheds and cow- houses and connecting them with municipal drains; (16) the sanitary control and supervision of places used for any of the purposes specified in Schedule III and of any trade or manufacture carried on therein; (17) (a) the control and supervision of slaughter houses and of places used for skinning and cutting up carcasses; (b) the control and supervision of the methods of slaughtering; (c) the control and supervision of butchers carrying on business in the municipality; (18) the inspection of milch cattle and the regulation of the ventilation, lighting, cleaning, drainage and water-supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy man or milk seller; (19) enforcing the cleanliness of milk stores and milk shops and vessels and utensils used by the keepers thereof or by hawkers for containing or measuring milk or preparing any milk product and enforcing the cleanliness of persons employed in the milk trade; (20) requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing the precautions to be taken in order to protect milch cattle and milk against infection and contamination. (21) (a) the inspection of public and private markets and shops and other places therein: (b) the regulation of their use and the control of their sanitary condition; (c) licensing and controlling brokers, commission agents, weighmen and measures practicing their calling in markets; (22) prescribing the method of sale of articles whether by measure, weight, tale or piece; 389 (23) prescribing and providing standard weights, scales and measures and preventing the use of any others; (24) the prevention of the sale or exposure for sale of unwholesome meat, fish or provisions and securing the efficient inspection and sanitary regulation of shops in which articles intended for human food are kept or sold; (25) (a) the regulation of burial and burning grounds and other places for the disposal of corpses; (b) the levy of fees for use of such burial and burning grounds and the mode of crematoria as are maintained by the council; (c) the period for which corpses shall be kept for inspection; (d) the period within which corposes shall be conveyed to a burial or burning ground and the mode of conveyance of corposes through public places; (26) the registration of vital statistics; (27) the training and licensing of dhais and midwives; (28) the enumeration of the inhabitants of the municipality; (29) the prevention of infectious diseases of human beings or animals; (30) the enforcement of compulsory vaccination; (31) the prevention of outbreaks of fire; (32) the prohibition and regulation of advertisements in public streets or parks; (33) generally for carrying out all or any of the purposes of this Act. * 444. Power to give retrospective effect to certain bye-laws.- Bye-laws with regard to the drainage of, and supply of water to buildings and water-closets, earth- closets, privies, ash-pits and cess-pools in connection with buildings and the keeping of water-closets supplied with sufficient water for flushing may be made so as to affect buildings erected before the commencement of this Act or the making of the bye-laws thereunder. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 390 * 445. Penalty for breaches of bye-laws.- In making a bye-law, the municipal council may, subject to the provisions of clause (1) of article 20 of the Constitution, provide that a breach thereof shall be punishable -- (a) with fine which may extend to fifty rupees, and in case of a continuing breach with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the Commissioner to discontinue such breach. * 446. Conditions precedent to making bye-laws.- The municipal council shall, before making or altering bye-laws or cancelling them, publish a draft of the proposed bye-laws and alteration or cancellation together with a notice specifying a date at or after which such draft will be taken into consideration, and shall, before making the bye-laws or alterations, or cancellation receive and consider any objections or suggestions which may be made in respect of such draft by any person interested therein before the date so specified. * 447. Confirmation of bye-laws by Government.- (1) No bye-law or alteration or cancellation of a bye-law shall have effect until the same shall have been approved and confirmed by the Government. Explanation. – The Government may, in approving a bye-law, make any change therein which it appears to it to be necessary. (2) Any bye-law or alteration, cancellation of a bye-law when it shall have been duly confirmed shall --- (a) be published in the Official Gazette in English and in the regional language; and (b) come into operation at the expiration of such period not being less than fifteen days, or more than three months from the date of its publication in English under clause (a) as may be specified in the rules made in this behalf in relation to any matter or class of matters. * 448. Publication of regulations.- Regulations made by the municipal authorities under this Act shall, save as otherwise provided by or under this Act, be published in such manner as the council may determine. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 391 CHAPTER – XX PENALTIES ** 449. Punishment for certain offences.- Whoever – (a) contravenes any provision of any of the sections, sub-sections or clauses or other provisions of this Act mentioned in the column 1 of the Table in Schedule XIII, or (b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections or clauses or other provisions, shall be punishable, (i) with fine which may extend to the amount specified in that behalf in the column 3 of the said Table; and (ii) in the case of continuing contravention or failure with an additional fine which may extend to the amount, if any, specified in the column 4 of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure. * 450. Penalty for acting as councillor, Chairman or Vice-Chairman when disqualified.- (1) Whoever acts as a member of a municipal council knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office shall be punishable with fine which may extend to two hundred rupees for every such offence. (2) Whoever acts as or exercises the functions of the Chairman or Vice- Chairman of a municipal council knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such functions shall be punishable with fine which may extend to one thousand rupees for every such offence. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. ** The provisions of section 449 read with schedule-XII, in so for as it relates to the regulation of milk trade was declared extended to the Commune Panchayats specified below with effect from 16th July, 1974 vide Extraordinary Gazette No.92, dated 22nd July, 1974.