Section 342

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

[(1) Notwithstanding anything in this Act, all the powers, functions and duties of every Municipal Board its president and Committees, Notified Area Committee and its Chairman, or Town Area Committee and its Chairman, as they stood immediately before the commencement of the Uttar Pradesh Local Self Government Laws (Amendment) Act, 1994 shall on such commencement vest in and be exercised, performed and discharged by the District Magistrate who shall in respect of Municipal Board, its President and Committees, be deemed to be Municipal Council, its President and Committees and in respect of Notified Area Committee and its Chairman or Town Area Committee and its Chairman be deemed to be Nagar Panchayat and its Chairman.]5 (2) The District Magistrate May delegate all or any of the powers functions and duties to any other person or authority. 1- Subs. by section 72 of chapter III of U.P. Act No. 12 of 1994. 2- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. 3- Ins. by section 51 (a) ibid. 4- Ins. by section 51 (b) ibid. 5- Subs. by section 52 (a) ibid. [The [Uttar Pradesh]4 Municipalities Act, 1916] [Schedule I] (3) The District Magistrate in whom the powers, functions and duties of a Municipal Board and its President, or a Notified Area committee and its Chairman or a Town Area Committee and its Chairman are vested under the Uttar Pradesh Municipalities Notified Areas and Town Areas (Alpakalik vyavastha ) Adhiniyam 1994 including the person or authority to whom the District Magistrate has delegated his powers, shall be deemed to be vested with such powers, functions and duties under the provisions of this section. [(4) Notwithstanding anything in this section, the election to constitute the Municipal Councils and the Nagar Panchayats shall be held within a period of one and a half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the constitution of the 331 Municipal Council or the Nagar Panchayat, as the case may be, the provisions of sub-section (1), (2) and (3) shall cease to have effect.]5 ]3 SCHEDULE I THE POWERS AND FUNCTIONS OF A [MUNICIPALITY]2 [Section 50 (e) (ii), 111(1) and 112 (1) (a)] Section Power or duty Remarks 1 2 3 2 [***]1 3 [***]1 * [***]1 * [***]1 44A To elect a president in a casual vacancy. 47A To pass a vote of non-confidence in the President 52 To require the President to furnish reports etc. 54 To elect, or accept the resignation of a Vice- President 57 [To appoint and employ and executive officer and a medical officer of health. 58 [[To dismiss, remove or otherwise punish, an executive officer of health] 59 To appoint a person to officiate as executive officer in cases where the vacancy exceeds two months 61 To entertain appeals from orders of the executive officer or the medical officer of health May be delegated 63 To require the executive officer or the medical officer of health in furnish returns, etc 66 To appoint a secretary, to dismiss, remove or otherwise punish the secretary. 1- Subs. by U.P. Act No. 7 of 1953. 2- Subs. by section 72 of chapter III of U.P. Act No. 12 of 1994. 3- Subs. by section 161 ibid. 4- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. 5- Subs. by section 52 (b) ibid. [The [Uttar Pradesh]4 Municipalities Act, 1916] [Schedule I] (1) (2) (3) 67 [To dismiss, remove or otherwise punish] a secretary. 68 To appoint Civil Engineer, Assistant Civil Engineer, Electrical engineer Assistant Electrical Engineer, Water- Works Engineer Assistant Water works Engineer, Electrical and Water Works Engineer, Assistant Electrical & Water Works Engineer, qualified Overseer or sub Overseer, Secretary, Superintendent or Lady Superintendent of Education. 69 To dismiss remove or otherwise punish any officer appointed under section 68. 70(a) To prohibit the employment of temporary servants for 332 any particular work. 71 To determine the number and salaries of the Board’s permanent staff. 72 To appoint one person to discharge the duties of two or more officers. 74 and 76(2) [***] 79(2) To establish a provident fund. 79(3) (4) and (5) To grant a gratuity, or compassionate allowance or to grant or purchase an annuity. 81 To institute a suit against a member. 82(2)(f) To fix the amount up to which a member may be interested in occasional sales to the [Municipality]. 94(6) To modify or cancel a resolution 96(1) [To sanction contracts for which budget provision does not exist or involving a value or amount exceeding ten thousand rupees in the case of a contract by a Municipal Council and three thousand rupees in the case of a contract by a Nagar Panchayat.]2 96 (2) To empower a committee or officer or servant of the [Municipality]1 to sanction other contracts. 96(3) To empower engineer to sanction contracts. 97(2)(b) [***]3 99 To sanction a budget and to vary or alter a budget. 104(1) To appoint and remove members of committees. 104(2) To establish and appoint the members of advisory committees. 105 To appoint persons other than members of the [Municipality]1 to committees. 106 To fill up vacancies in committees. 107(1) To appoint the [President] of any committee. 109 To call for returns etc. from a committee. 110 To appoint joint committees and to vary or rescinded any written instrument by virtue of which any joint committee has been appointed. 1- Subs. by section 72 of chapter III of U.P. Act No. 12 of 1994. 2- Subs. by section 162 (a) (i) ibid. 3- Omitted by section 162 (a) (ii) ibid. 4- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]3 Municipalities Act, 1916] [Schedule I] (1) (2) (3) 112 To delegate powers or duties conferred or imposed on a [Municipality]2. 115 To invest or place any portion of the municipal fund in deposit. 117 To undertake State Government to acquire land. 118 To undertake the management or control of property entrusted to it 119 To manage,control and administer, and hold in trust the funds of public institutions. 333 124 To transfer any property vested in the [Municipality]2 May be delegated if the transfer relates to movable property. 125 To make compensation out of the municipal fund. 128to 137 To take any action relating to a tax. 141 To cause an assessment list to be prepared and to appoint a person to make the assessment list. May be delegated 143(3) To hear and decide objections, or to delegate the power to hear and hear and decide objections. May be delegated 147(1) To amend an assessment list. May be delegated 156 To permit compounding for taxes. 157(1)and (2) To exempt from taxation. 186 [***]1 187 To establish and maintain a fire brigade. 189 [***]1 190 [***]1 196(a) and (b) By public notice to undertake the house scavenging or cleansing of latrines or privies, and to relinquish undertaking 197(2) To pass orders on an application for the exclusion of a house from a notice under section 196(a). May be delegated 211 [***]1 212 -A To control and regulate the construction of any building or street and drains beyond [municipal area]4 up to a distance of two miles. 217(1) (a) To give a name to a street. 1- Omitted by U.P. Act No. 27 of 1964. 2- Subs. by section 72 of chapter III of U.P. Act No. 12 of 1994. 3- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. 4- Subs. by section 53 (a) (ii) ibid. [The [Uttar Pradesh]3 Municipalities Act, 1916] [Schedule I] (1) (2) (3) 219 To make, alter, divert or close a public street, to provide building sites thereon, to take steps to acquire land for such purposes and to sell or dispose or land so acquired. 221 To declare a street as public street. 222(1) and (3) To define “the regular line of the street”. 224 To construct and alter water-works. 237(1) To fix premises for the slaughter of animals for sale. 334 238 To fix premises for the slaughter or animals not intended for sale or slaughterd for religious purpose, and to prohibit such slaughter elsewhere. 245(1) [***]1 250(1) To require the muzzling of dogs. 253(proviso) To direct that the section shall not apply to vehicles proceeding at not more than a walking pace. 257 (1) To direct that roofs and external walls shall not be made of inflammable materials without the [Municipality’s]2 consent. 259 To prohibit the stacking or collecting of inflammable materials, etc. 269 To require the removal of a nuisance from tanks and the like, when such removal involves the [Municipality]2 acquiring or providing land. 237(1) (b) and (c) To appoint places for disposal of offensive matter and rubbish and to issue directions as to the time manner and conditions of removal thereof. 257(3) To prescribe fees for the disposal of dead bodies of animals. 278 [***]1 282 To prohibit any cultivation use of manure or irrigation injurious to health. 285 To provide or close, or give permission for the making of, burning and burial grounds, to except private burial places from a public notice and to give permission to use an unrecognized burial or burning ground. 286 To set apart bathing and washing places to prescribe conditions for the use of such places and to prohibit bathing and washing at other places. 1- Omitted U.P. Act No. 27 of 1964. 2- Subs. by section 72 of chapter III of U.P. Act No. 12 of 1994. 3- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]2 Municipalities Act, 1916] [Schedule II] (1) (2) (3) 290(2) To sanction execution of water-works or a work under section 192, 267 and 168 at the charge of the municipal fund. 290(3) To transfer the [Municipality’s]1 interest in appliances appertaining to a water or drainage work to the owner of a building or land . 297 To make regulations. 298 To make bye-laws. 299 To direct that the breach of bye-laws shall be 335 punishable with fine. General Any power, duty or function which any rule requires to be exercised, performed or discharged by the [Municipality]1 itself by means of a resolution. SCHEDULE II SCHEDULED POWERS OF EXECUTIVE OFFECERS [Section 60 (a)(d) and 61 (1)(a)] Section Nature of powers or duties Remarks (1) (2) (3) 75 To appoint permanent [***] inferior staff. 76 [To dismiss remove or otherwise punish permanent inferior staff.] 79 (1) To pay leave allowances to officer or servant. 142 To give public notice of the place where an assessment list may be inspected. 143(1) To give public notice of the time fixed for considering valuation and assessments and to give notice to owners or occupiers of property. 143(2) To receive objection to valuations and assessments 147(2) To give notice to persons interested in an alteration proposed in an assessment list of the date on which the alteration will be made. 148(1) To receive notice of building newly built, rebuilt or enlarged. 150 (2) To exercise the option of levying the tax from the lessor . 151(1) and(2) To remit or refund a tax in case of a building, tenement or land remaining vacant and unproductive of rent 1- Subs. by section 72 of chapter III of U.P. Act No. 12 of 1994. 2- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]2 Municipalities Act, 1916] [Schedule II] (1) (2) (3) 152(1) To receive notice of the re-occupation of a building or land. 158 To call for information effecting liability to taxation 166 To present bills for taxes and other dues. 168 To cause a notice of a demand to be served. 169 To issue a distress warrant. 172(1) and (2) To sell goods distained. 336 172(3) To receive applications for a refund and to make a refund . 173 To apply to a Magistrate for the issue of a warrant 176 To sue for a demand . 178(1) To receive a notice of the intention to erect, re-erect or make a material alteration in a building etc. 179(1) To determine when information regarding such notice is satisfactory. 179(2) To require plans, specification and further information [186 To direct by notice that the erection, re-erection or alteration of a building etc., shall be stopped or that a building etc. be altered or demolished. ]1 Appealable [189 To construct drains. ]1 [190 To alter and discontinue municipal drains.]1 191(1) To give permission and to prescribe conditions for the connection of private drains with municipal drains. 191(2) To require that a drain made in contravention of bye- law or of the terms of permission or without permission shall be closed etc. Appealable 192(1) To enforce a drainage connection with a public drain. 193 To receive applications to call for objections to issue orders thereon, to construct drains and recover cost of construction and compensation. Appeal lies against an order recorded under sub- section (3) 194 To give permission for diversion of drain and to prescribe conditions for such diversion . Appealable 196(c) and (d) With the consent of an occupier, undertake house scavenging or the removal of night soil or other offensive matter or rubbish and relinquish such undertaking. 201(1) To complain to a Magistrate of the negligence of a customary sweeper. 1- Subs. by U.P. Act No. 27 of 1964. 2- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]1 Municipalities Act, 1916] [Schedule II] (1) (2) (3) 202(1) To complain to a Magistrate of the failure of an agriculturist to provide for proper house scavenging. 204 [To receive application for permission to lay out and make a street]. 209 To give permission for projections. Appeal lies from orders recorded 337 refusing permission 211 To issue a notice for the removal or alteration of a projection Appealable 213 To give permission for erection and repair of building etc. and to issue orders regarding hoarding etc. 214 To require hedges and trees to trimmed. 215 To remove and recover the expense of removal of or to issue a notice requiring the removal of an obstruction caused by fallen house, etc. 216 To require the provision to trough and pipes for rain water. 217(1) (b) and (c) To affix the name of street or a house number to a building or to require the owner or occupier to affix a number plate and to cause or require such names and number to be altered. 218 To attach posts and brackets to buildings for lamps telegraph and telephone wires etc. 220 To give permission for the use or occupation of a public street or place. 224 To provide fencing and lighting during repairs of public street, etc. 225(1) To require private wells etc., to be cleansed, 225(2) To require a person to desist from using a private well, etc. or to close or fence the same. Appealable 227 To require the removal or closing of drains, latrines. etc. near a source of water- supply. Appealable 229 To supply water by agreement. 230 To charge for the supply of water. 236 To remove or otherwise deal with unauthorized building over drains, etc. or to issue notice for the removal of such buildings, etc. Appealable 240 To authorize an officer to seize flesh brought within the municipal limits in contravention of a bye-law and to issue orders as to the disposal of such flesh. 1- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]1 Municipalities Act, 1916] [Schedule II] (1) (2) (3) 244(1) and (2) To seize articles exposed for sale which appear to be unfit for the consumption of man and drugs suspected to being adulterated or spent: and to produce such drugs before a Magistrate. 245(1) To issue a notice relating offensive trades. Appealable 249 To authorize a person to destroy or confine dogs 338 suspected to be suffering from rabies, etc. 250(2) To authorize persons to destroy or confine unmuzzled dogs. 256 To give permission for the use of public land for halting animals or vehicles. 257(2) To require the removal of a roof and wall, if inflammable Appealable 258 To search for inflammable material and to seize any quantity in excess of the quantity permitted 260 To issue notices regarding dangerous quarrying and to put up hoarding and fences to prevent imminent danger. 261 To give permission for the displacing of pavements etc. and to recover expenses incurred by the [Municipality] by reason of such displacement etc, 263 To require by notice buildings, etc. in a dangerous or ruinous state to be demolished or repaired or wells, tanks, etc. to be repaired and enclosed and to take immediate action where the danger is imminent. Appeal lies against an order to repair or enclose a tank 264 To require unoccupied building or land which occasions a public nuisance to be secured or enclosed. Appealable 265 To give written permission for the temporary obst- ruction of a street and to remove any obstruction from a street and to recover the cost of removal. 266 To give permission for the removal of earth ,etc. from open spaces. 267 To require provision alteration, removal, closing, cleansing and screening of private drains, cesspools, dustbins, latrines etc. Appeal lies against an order under clause (a) of sub-section (1) requiring an owner or occupier to close or remove or under clause (b) of sub- section (1) to 1- Chapter-III subs. by section 32 of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]2 Municipalities Act, 1916] [Schedule II] (1) (2) (3) provide a latrine, urinal water-closet, drains, cess- pool, dust- bin or other receptacle 339 for filth sullagewater rubbish or refuse. 268 To require the provision and cleansing of latrines and urinals for factories etc. 269 (in part) To require the cleansing, repairing, covering filling up or draining off of wells, tanks, etc. 270 To inspect drains etc. and to cause the ground to be opened. 271 To require the cleansing of filthy building or lands. 273(1) (a) To provide receptacles and places for the temporary deposit of offensive matters, 275(1) To arrange for the disposal of dead bodies of animals. 275(3) (in part) To charge and recover fees for such disposal. 276 To give permission for, and to prescribe conditions regarding the discharging of sewage, etc. 277 To enter and inspect a building and to direct that a building be disinfected, etc. [278 To issue orders regarding building unfit for human habitation.]1 Appealable 280 To remove to hospital a cholera or small pox patient, etc. 283 To require an owner or occupier to clear away noxious vegetation. 284(1) To require that excavation, etc. made in contravention of bye-laws or the conditions of a permission shall be filled up or shall be drained. 291 To apply to the Collector to recover rent of land. 293 To charge fees for the use or occupation of immovable property vested in, or entrusted to the management of the Municipality and to levy or recovers such charge. 294 To charge fees for licences, sanction and to permission 307 To cause a work to be executed and to recover the expenses thereof. 1- Subs. by U.P. Act No. 27 of 1964. 2- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]2 Municipalities Act, 1916] [Schedule III] (1) (2) (3) 308 To require an occupier to pay rent to a [Municipality] instead of to the defaulting owner, and to require an occupier to furnish information regarding the rent payable by him, etc. 309 To approve the execution of a work by an occupier, 340 312 To recover the cost of removal by sale of materials removed, to restore the materials to the owner under certain conditions, or to sell them when not claimed by the owner. 313(2) To give notice to a trustee or an agent to apply moneys received on behalf of an owner to the discharge of obligations of the owner. 314 To institute prosecutions by making complaints and giving information and to authorize other persons to make such complaints and give such information. 317 To receive information from a police officer. SCHEDULE III NOTICE OF PROPOSAL TO IMPOSE TAX [SUB-section (3) of Section 131] Notice is hereby given to the inhabitants of the [Municipal area]1 of ………. that the [municipal area]1 desires to impose the tax rate [***]3 or cess (as the case may be) described in the proposals appended in** lieu of the tax known as the ………… Any inhabitant of the [municipal area]1 objecting to the proposals or rules appended hereto may within a fortnight from date of this notice send his objections in writing to the [Municipality]1. PROPOSALS The proposals framed by the [Municipal area]1 under sub-section (1) of section 131 are to be appended here. RULES The proposals framed by the Municipality under sub-section (2) of Section 131 are to be appended here. 1- Subs. by section 162(b) of chapter III of U.P. Act No. 12 of 1994. 2- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. 3- Omitted by section 53 (b) ibid. [The [Uttar Pradesh]2 Municipalities Act, 1916] [Schedule IV-V] SCHEDULE IV FORM NOTICE OF DEMAND [Section 168] To, A,B……. residing at……….. 341 Take notice that the municipal area of…….. demands from…………………. to sum of ……………. due from …………….on account of ………….(here describe the property, occupation, circumstance or thing in respect of which the sum is leviable)…………………… leviable under ……………. for the period of …………………. commencing on the ………………..day of ……………. 20………….and ending on the………….….day of ……………..20……………….and that if, within fifteen days from the service of this notice, the said sum is not paid into the municipal office at………………..or sufficient cause for non-payment is not shown to the satisfaction of the municipal area, a warrant of distress will be issued for the recovery of the same with costs. Dated this…………………..day of………………………20……….. (Signed) By order of the Municipal area of …………………………………. SCHEDULE V FORM OF WARRANT [See sub-section(1) of Section 169] (Here insert the name of the officer charged with the………………………………. execution of the warrant). Whereas A, B,of………………..has not paid…………………and has not shown satisfactory cause for the non-payment of the sum of………………….due for the liability* …………………. mentioned in the margin for the period ……………… commencing on the …………………day of…………………. 20……………. and ending with the………………………..day of………………..20………………….and leviable under ……………….. And whereas fifteen days have elapsed since the on him of notice of demand for the same: This is to command you to distrain subject to the provisions of Section 171 of the United provinces Municipalities Act, 1916 the goods and chattels of the said A, B, to the amount of …………………………….being the amount due from him as follows: Rs. p. on account of the liability …………………….. ……………………. For service of notice …………………….. ……………….. and forthwith to certify to me together with this warrant all particulars of the goods seized by you there under. Dated this……………………day of……………………….20………………… (Signed) Chairman or other officer 1- Subs. by section 72 of Chapter-III of U.P. Act No. 12 of 1994. 2- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995 [The [Uttar Pradesh]3 Municipalities Act, 1916] [Schedule VI- VII] 342 [See Section 169 (2)] Note— It shall be necessary to execute the warrant if the defaulter makes full payment to you before to you before removal of his goods. SCHEDULE VI FORM OF INVENTORY OF GOODS DISTRAINED AND NOTICE OF SALE [See sub-section (4) of Section 171] To, A,B,………………………………residing at…………………… Take notice I have this day seized the goods and chattels specified in the inventory beneath this, for the value of……………………..due of the liability** mentioned in the margin for the period commencing with the ……………………day of…………………… 20…………………, and ending with the…………………….day of………………………… 20…………… …… ….., together with Rs……………………… due for service of notice of demand and that unless within 5 days from the date of the service of this notice you pay into the municipal office at……………………………….. the said amount together with the cost of recovery, the said goods and chattels will be sold. Dated this ……………………………..day of……………………..20 (Signature of officer executing the warrant) Inventory SCHEDULE VII POWERS OF THE [STATE GOVERNMENT] THAT MAY NOT BE DELEGATE [See Section 327] Section Power of duties (1) (2) [3(1) To specify with limits any area to be a transitional area or a smaller urban area as the case may be. 3 (2) To include or exclude any area in or from a transitional area or a smaller urban area as the case may be.]4 8 (1) (n) [To declare expenditure or anything to be an appropriate charge on the municipal fund]2 9 (a) To prescribe by notification the number of members of [Municipality]1 whom may be elected. [9(b) To nominate the members to the Nagar Panchayats or the Municipal Council as the case may be]5 10 [***]6 1- Subs. by section 72 of Chapter-III of U.P. Act No. 12 of 1994. 2- Subs. by section 162 (iii) ibid. 3- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. 4- Subs. by section 53 (c) (i) ibid. 5- Added by section 53 (c) (iii) ibid. 6- Omitted by section 53 (c) (iv) ibid. [The [Uttar Pradesh]12 Municipalities Act, 1916] [Schedule VII] 343 (1) (2) [13-A To appoint date or dates for general election to a Municipality.]13 13-D To remove a disqualification under (a) and (b) of this section. 13-I [***]2 30 To dissolve [***]3 a [Municipality]1 for a specified period. 31 [***]4 34(2) To rescind or modify an order passed under this section by the Prescribed Authority or the District Magistrate with respect to a city. 35(in part) [***]5 To fix a period for the performance of duty and if the duty is not performed within the period so fixed, to appoint the District Magistrate to perform it and to direct that the expense of performing it shall be paid by the [Municipality] 40(1) [To remove a member of a municipality.]6 40(2) [***]7 40(3) [To remove a member in certain circumstances. 40(5) [***]7 40(6) To warn [***]8 a member as a punishment]. 41(4) To declare a member removed by the State Government to be no longer ineligible for further election or nomination 47-A [***]9 48 To remove [***]10 a President. 55(3) To remove [***]11 a Vice- president 57 [To approve the appointment] of an executive Officer and a Medical Officer of Health. 57(2-A) To nominate Account Officers and to lay down the terms and conditions of their service. 58 To entertain and pass orders on an appeal by an Executive Officer against his dismissal, removal or other punishment to transfer a Medical Officer of Health from one [Municipality]1 to another. 1- Subs. by section 72 of Chapter-III of U.P. Act No. 12 of 1994. 2- Subs. by section 162 (c)(v) ibid. 3- Subs. by section 162 (c) (vi) ibid. 4- Added by section 162 (c) (vii) ibid. 5- Omitted by section 162 (c) (viii) ibid. 6- Subs. by section 162 (c)(ix) ibid. 7- Subs. by section 162 (c) (x) ibid. 8- Added by section 162 (c) (xi) ibid. 9- Omitted by section 162 (c) (xii) ibid. 10- Subs. by section 162 (c)(xiii) ibid. 11- Subs. by section 162 (c) (xiv) ibid. 12- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. 13- Subs. by section 53 (c)(v) ibid. [The [Uttar Pradesh]3 Municipalities Act, 1916] [Schedule VII] 344 (1) (2) 59(3) To approve to appointment of an officiating Executive officer if the term of appointment exceeds two months. 60-A To direct that in any [municipality]2 the Medical Officer of Health and not the Executive officer shall exercise certain powers conferred on the executive Officer. 60-B To direct that in any [municipality]2 the principal officer of the Electrical, Public Works and Water Works Departments and Municipal Museum shall with reference to their departments exercise the power under clause (e) of sub section (1) of section 60. 65 In default of his appointment by a [Municipality]2 to appoint a person to be an executive officer or to as Executive Officer and to fix the salary contributions to provident fund or pension and other conditions appertaining to such appointment. 73and 74 [***]1 79(4) and(5) To sanction grant of compassionate allowance or grant or purchase of annuity by [Municipality]2. 99(2) To direct submission of budgets to specified officers. 102 To direct that budgets of specified [Municipality]2 shall be subject to sanction 104(1) To require a [Municipality]2 to appoint committees. 110 To require the appointment of joint committees. 114-A To permit a [Municipality]2 to raise loans. 115(2) To determine the amount of security of a banker. 116 To make reservation regarding property ordinarily vesting in [Municipality]2. 117 To acquire land for a [Municipality]2 under the Land Acquisition Act. 122(1) To declare by notification what portion of the property and liabilities of a [Municipality]2 shall be transferred to another local authority when a portion of the municipal area is placed under the control of such local authority. 122(2) To declare what portion of the property and liabilities of a [Municipality]2 shall be transferred to the state Government when a local area if excluded from the transitional area or the smaller urban area as the case may be and is not immediately placed under the control of another local authority. 122(4) To decide in any case falling under sub-section (1) or (2) that it is undesirable to transfer any portion of municipal funds or liabilities. 1- Omitted by U.P. Act No. 27 of 1964. 2- Subs. by section 72 of Chapter-III of U.P. Act No. 12 of 1994. 3- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. 4- Subs. by section 53 (c)(vi) ibid. [The [Uttar Pradesh]3 Municipalities Act, 1916] [Schedule VII] 345 (1) (2) 124(2) To sanction the transfer to Government of any property vested in [Municipality]1 126 To provide police protection at fairs, etc., and to determine the portion of the charges payable by a [Municipality]1. 130-A To require a [Municipality]1 to impose a tax to vary its rates. 133(2) To sanction, refuse to sanction or return for further consideration proposals for taxation under section 128, sub section (1) clauses (i) to (xii) submitted by a city, or proposals for taxation received from any [Municipality]1 under section 128 sub-section (1) clause(xiii). 135(2) To notify the imposition of a tax sanctioned by the State Government. 137(1) To require a [Municipality]1 to remove a defect in or relating to a tax. 137(2) To suspend, abolish or reduce a tax. 157(3) To exempt from taxation 160(1) To empower an officer to hear appeals against taxation. 180-A To approve construction of places of public entertainment. 279and 280 To notify infectious diseases. 296 (in part) To make rules except rules under clauses (a), (b) and (c) of Section 153 applicable to municipalities other than cities. 318 To appoint an officer to hear appeals from certain orders of [Municipality]1. 327 To delegate powers. 336-A To direct that during the transition period, the Act shall have effect subject to certain adaptations, alterations and modifications]1. 337 [***]2 338(1)(e) [***]2 338(2) [***]2 339 [***]2 1- Subs. by section 72 of Chapter-III of U.P. Act No. 12 of 1994. 2- Omitted by section 162 (c) (xv) ibid. 3- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]1 Municipalities Act, 1916] [Schedule VIII] 346 CHAPTER VIII LIST OF OFFENCES [Section 314] Section Description of offences Fine or other punishment that may be imposed 1 2 3 148(2) Failure to report for entry in property assessment list a new or altered building. Rupees 50 or ten times tax payable for three months. 152(2) Failure to report reoccupation of vacant building Rupees 50 or ten times tax due since occupation 155 [***]2 [***]2 185 Illegal erection or alteration of a building Rupees 1,000 subject to a minimum of Rs. 250 191(2) Illegal construction or alteration of a drain connection Rupees 50 201(2) Negligence by customary sweeper Rupees 10 207 Illegal making of street. Rupees 500 210 Construction of unauthorized projection over street or drain Rupees 1,000 subject to a minimum of Rupees 250. 213(3) Failure to obtain permission for, and to safeguard dangerous tree cutting and building operation Rupees 500 and rupees 10 for each day that offence is repeated after conviction 217(2) Improper interference with street names and house numbers Rupees 250. 223(2) Interference with arrangements made during street repair etc. Rupees 50. 237(4) Slaughter on unlicensed premises of animals for sale. Rupees 20 per animal. 242 Improper feeding of animal kept for dairy purposes or used for food. Rupees 50. 245 Failure to obey a notice prohibiting or regulating the use of premises for an offensive trade. Rupees 200 and Rupees 40 for each day that offence is repeated after conviction 246 Loitering and soliciting for immoral purposes. Rupees 50. 247(2) Disobedience to Magistrate’s order prohibiting use of houses as brothel Rupees 25 per day 1- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. 2- Omitted by section 162 (d) ibid. [The [Uttar Pradesh]1 Municipalities Act, 1916] [Schedule VIII] 347 (1) (2) (3) 248 Importunate begging Rupees 50. 252 Neglect of the rules of the road Rupees 10. 253 Driving vehicles without proper lights. Rupees 20. 254 Failure to remove elephant, etc. to safe distance Rupees 20. 255(1) Allowing cattle to stray or be tethered. Rupees 250. 256 Un-authorised use of municipal land as halting place. Rupees 100 and Rs 10 for each day that offence is repeated after conviction 257(3) Un-authorised erection or continuance of inflammable construction Rupees 25 and Rs 10 for each day that offence is repeated after conviction 261(1) Un-authorised interference with pavements and other municipal property Rupees 1,000. 262 Dangerous discharge of firearms or fireworks and indulgence in dangerous games. Rupees 20, 265 Obstruction of streets Rupees 500 and Rs 10 for each day that offence is repeated after conviction. 266 Unauthorized digging on public land Rs 500 and Rs 10 for each day that offence is repeated after conviction. 272 Failure of owner or occupier to remove offensive matter. Rs 50 and Rs 5 for each day that offence is repeated after conviction. 274 Improper disposal by owner or occupier of rubbish, night soil, etc. Rupees 250. 275(2) Failure to dispose of dead animals Rupees 10. 276 Improper discharge of sewage into a street or drain. Rupees 250. 279 Failure to give information of cholera,small pox, etc. Rupees 50. 281 Doing certain acts while suffering from infectious disorder. Rupees 50. 1- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]1 Municipalities Act, 1916] [Schedule VII] 348 285(5) Burial or burning of corpses in a place not recognized as a burial or burning ground. Rupees 500. 295 Obstruction to municipal employees. Rupees 1,000 or imprisonment for six months or both. 299 Contravention of rules or bye-laws to the breach of which penalty is attached. Any sum not exceeding Rupees 1,000 as prescribed and up to Rs. 25 for each day that offence is repeated after conviction. 306 Disobedience to public notice or provision of the Act applicable to the public. Rupees 1,000 and Rs. 25 for each day that offence is repeated after conviction. 307 Disobedience to notice issued to individual Rupees 1,00 and Rs. 25 for each day that offence is repeated after conviction . 310(3) Refusal by occupier to allow owner to take action required by notice. Rupees 25 for each day of refusal] SCHEDULE IX REPEALED ENACTMENTS [Section 334(1)] Section Description of offences Fine or other punishment that may be imposed Year No Short title or subject Acts of the State Government 1900 I The United Provinces Municipalities Act. 1901 V The United Provinces Municipalities (Amendment) Act 1907 I The United Provinces Municipalities (Amendment) Act. 1891 I The United Provinces Water works Act. 1895 II The United Provinces Water Works (Amendment) Act. 1901 I The United Provinces Water Works (Amendment) Act. 1908 1892 I I The United Provinces Water Works (Amendment) Act. The United Provinces Lodging House Act. 1894 III The United Provinces Water Works (Amendment) Act. 1- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. 349