Section 358 in The Chhattisgarh Municipalities Act, 1961
358. Power to make bye-laws.
- In Addition to any power specially conferred by this Act, the Council may, and if so required by the State Government shall, make bye-laws for-(1)Municipal administration-(a)regulating the conduct of its business;(b)regulating the appointment and constitution of Consultative Committees;(c)regulating the conduct of business of Committees;(d)regulating the mode of asking and answering of questions connected with the administration of this Act, at the meetings of the Council and its Committees;(e)regulating the inspection of minute books and the supply of copies of minutes to Councillors or other persons on payment of fees or otherwise;(f)fixing the amount and the nature of security to be furnished by any officer or servant from whom it may be deemed expedient to require security in view of the nature of duties performed by such officer or servant;(g)regulating the contracts made by, or on behalf of a Council;(h)determining the rates of fees for notice, warrant or maintenance of livestock under Chapter VIII;(i)regulating entry and inspection for the purposes of this Act;(j)generally for the guidance of Municipal Officers and servants in all matters relating to municipal administration;(2)Taxation-(a)the maintenance of tax books and registers by Chief Municipal Officer and the particulars which such books and registers should contain;(b)the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;(c)the requisition by the Chief Municipal Officer of information and returns from persons liable to pay taxes;(d)the notice to be given to the Council by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;(e)the submission of returns by person liable to pay any tax under this Act;(f)[* * *] [Omitted by M.P. Act No. 50 of 1976.](g)fixing terminal limits and stations providing for the exhibition of tables of terminal tax, and regulating the mode of recovering such tax;(h)any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act;(3)Buildings-(a)the regulation or restriction of the use of sites for building for different areas;(b)the regulation or restriction of buildings in different areas;(c)the form of notice of erection of any building or execution of any work and the fee in respect of the same;(d)the plans and documents to be submitted together with such notice and the information and further information to be furnished;(e)the level and width of foundation level of lowest floor and stability of structure;(f)the construction of buildings and the materials to be used in the construction of building;(g)the height of buildings whether absolute or relative to width of streets or to different areas;(h)the number and height of storey's composing a building and height of rooms and the dimensions of rooms intended for human habitation;(i)the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried;(j)the provision of open spaces, external and internal, and adequate means of light and ventilation;(k)the provision of means of egress in case of fire, fire-escapes and water-lifting devices;(l)the provisions of secondary means of access for the removal of house refuse;(m)the materials and methods of construction of external and party walls, roofs and floors;(n)the position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, latrines, drains and cesspools;(o)the provision of lifts;(p)the paving of yard;(q)the restrictions on the use of inflammable materials for buildings;(r)the restriction on construction of foundation on certain sites;(s)the measures to be taken to protect buildings from damp arising from sub-soil;(t)the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;(u)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;(v)the supervision of buildings;(w)the setting back of garages and shops from the regular line of a street;(x)the construction of portable structures and permission for such construction;(y)requiring an owner of a building divided into two or more separate tenements to provide adequate means of lighting at night time at staircase, passage, private court of or any such building, the space near or leading to latrines or urinals and washing places therein and of extinguishing such lights;(z)the qualifications of surveyors or persons by whom plans required under Section 187 are to be prepared, or of plumbers, for licensing persons to be surveyors or plumbers and, fixing the fees chargeable for such licences; and for modifying the provisions of or revoking such licences, and prohibiting any alterations or repairs or fittings to water or drainage pipes or house connections to be carried out or made except by such persons;(aa)preventing the erection of buildings, without adequate provision being made for location and laying of streets, and for the payment of compensation in such case, when necessary;(bb)regulating in any manner not specifically provided for in this Act, the erection of any enclosure wall, fence, tent, awning or other structure of whatsoever kind or nature on any land within the Municipal limits;(4)Streets-(a)Determining the information and plans to be submitted to the Council in connection with application for permission to lay out new street or to construct or reconstruct buildings;(b)regulating the conditions subject to which permission may be given for temporary occupation of or erection of temporary structures, on public streets or for projections over public streets and places;(c)the closure of streets when any work is in progress and alternative passage during the progress of such work;(d)the erections of a temporary nature during festivals;(e)the setting up of hoards on buildings adjacent to streets during their construction or repair;(f)the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;(g)the permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation;(h)any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made;(5)Drains, privies, cesspools, sewage disposal and scavenging-(a)regulating in any particular way not specifically provided for in this Act, the construction, maintenance and control of drains, sewers, ventilation shafts, receptacles for dung and manure, cesspools, water-closets, privies, latrines, urinals and drainage or sewage works of every description, whether the property of the Council or not;(b)prescribing the conditions for construction of a drain, privy, latrine, urinals, cesspool or other receptacle within fifty feet of any source of water;(c)the regulation or prevention of the discharge into Municipal drains of sewage, soilage, polluted water and other offensive matter from private buildings, lands and factories;(d)for controlling and regulating the duties of sweepers and other persons employed by the Council or any other agency for the purpose of sanitation and conservancy;(e)provision for any other matter relating to house scavenging;(6)Water Supply-Conserving and preventing injury to source and means of water-supply and appliances for the distribution of water, whether within or without the limits of the Municipality and regulating all matters and things connected with the supply and use of water and turning on or turning off and preventing the waste of water and the construction, maintenance and control of Municipal water works, and of pipes and fittings in connection therewith the property of the Council or not;Explanation.-Sources and means of water supply shall include private wells, which are used by the public;(7)Public Health, Safety, Nuisance and Sanitation-(a)regulation of sanitation and conservancy by Municipal agency or otherwise;(b)controlling and regulating the use and management of burial and burning grounds and fixing the fees to be charged where such grounds have been provided by the Council and prescribing or prohibiting routes for the removal of corpses to burial or burning grounds;(c)declaring that no place, unless specially exempted, shall be used as a lodging house unless it has been duly licensed as such by the Council, and prescribing the conditions subject to which such licence may be granted, refused, suspended or withdrawn and fixing the fees payable for such licences;(d)providing, in default of a bye-law made under the preceding sub-head, for the registration and inspection of lodging houses, the prevention of overcrowding, the promotion of cleanliness and ventilation and prescribing the notices to be given and the precautions to be taken in the case of any infectious or contagious disease breaking out therein, and generally for the proper regulations of lodgings houses;(e)prohibiting the digging of excavations, cesspools, tanks or pits within specified areas except with the permission of the Council, and specifying the conditions subject to which such permission may be given;(f)prohibiting or regulating, with a view to sanitation or the prevention of disease, any act which occasions or which is likely to occasion a public nuisance and for the prohibition or regulation of which no provision is made under this heading;(g)regulating or prohibiting any particular description of traffic in a street;(h)prescribing the conditions on or subject to which licence may be granted, refused, suspended or withdrawn, for the use of any vehicles and barrows, and providing for the seizure and detention of any vehicle or barrows which have not been duly licensed in pursuance of the bye-laws made under this section;(i)(a)vehicles or animals plying for hire within the limits of the Municipality, the issue of licences to proprietors or drivers of such vehicles or animals, the prescription of types and specification of vehicles or animals to be licensed and the fixing of fees payable for such licence and the conditions on which they may be granted, suspended or revoked;(b)The rates which may be demanded for the hire of any carriage, cart or other conveyance or animals hired to carry loads or persons, and restriction on the loads or persons which may be carried by any animals or carriage, cart or other conveyance plying for hire, within the limits of the Municipality:Provided that no bye-laws made under clauses (a) and (b) shall apply to vehicle to which the Hackney Carriage Act, 1879 (XIV of 1879), applies in any area where that Act is in force:Provided further that the operation of any bye-law made under the provisions of clause (a) or (b) or of any rules made under the Hackney Carriage Act, 1879 (XIV of 1879), may, with the sanction of the State Government, be extended to:-(i)any railway station;(ii)the whole or any part of any street so far as such street is situate within ten miles of the limits of the Municipality;(iii)the whole or any part of any street leading from the limits of the Municipality to the limits of any Municipality, notified area, Cantonment or Panchayat if the distance between the limits of the Municipality and the boundaries of these authorities does not exceed fifty miles and the Municipality and the authorities concerned each consent to the extension of such bye-laws or rules;(j)prohibiting vehicular traffic in any particular street so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such streets or portion of such streets prohibiting the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or to any construction thereon or risk of obstruction to other vehicles or to pedestrians along or over any street, except under such condition as to time, mode of traction or locomotion, use of appliances for protection of the roadways, number of lights and assistants and other general precaution as may be prescribed either generally in such bye-laws or in special licence to be granted in each case upon terms as to time of application and payment of fees thereof as may be prescribed in such bye-laws:Provided that no such bye-laws relating only to any particular street or portion of any street shall be deemed to be in force, unless and until notices of such prohibition shall have been posted up by the Council in conspicuous place as or near both ends of such street or portion of a street;(k)measures to be taken with stray animals or animals likely, if at large in any street or public place, to cause annoyance or intimidation;(l)regulating transport of animals within Municipal limits;(m)[ regulating and prohibiting the stationing of carts or picketing of animals on any ground under the control of the Council or the using of such ground as halting place of vehicles or animals or as a place for encampment or the causing or permitting of any animal to stray and imposition of fees for such use;] [Substituted by M.P. Act No. 31 of 1973.](n)the seizure and confiscation of ownerless animals straying within the limits of the Municipality;(o)providing for the registration of cattle and dogs and imposition of fees for the same;(p)search of inflammable material;(q)prohibiting except under certain conditions and on payment of fees, if any, the letting of fire-arms, fire-works, fire balloons, etc.;(r)regulating the beating of drums and the sounding of musical instruments;(s)regulating the abatement of nuisance;(t)regulating the use of public bathing and washing places within the Municipality;(u)the safety, sanitation and internal arrangements of theatres or other places of public entertainment or resort and the control and inspection thereof, in order to ensure the safety, health and convenience of persons employed in or visiting, attending or resorting to the same;(v)inspecting and regulating the use of encamping grounds and halting places;(8)Markets, Slaughter-houses, Trades, Occupations and Sale of Food-Stuffs-(a)the regulation and inspection of market and slaughterhouses for the proper and cleanly conduct of business therein and for inspection of animals before slaughter and of organs and meat after slaughter for the purpose of certification;(b)fixing the rent and other charges to be levied for the use of markets and slaughter-houses belonging to the Council and for regulating the conduct of business therein;(c)prescribing the conditions on or subject to which, and the circumstances in which and the area or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of any land, premises or place not belonging to Council-(i)as a market;(ii)as a slaughter-house;(iii)for the manufacture, preparation, storing, sale or supply for the purpose of trade of any article or thing intended for human food or drink whether such food or drink is to be consumed in such place or not;(iv)for carrying on any offensive or dangerous trade and providing for the inspection and regulation of the conduct of business in any land, premises or place used as aforesaid, so as to secure cleanliness therein and to minimise any injuries, offensive or dangerous effect arising or likely to arise therefrom;(d)The regulation and inspection of all places used by or for animals which are for sale or hire or the produce of which is sold and for the proper and cleanly conduct of business therein;(e)licensing and conditions for sale of articles of foods and drinks mentioned in Section 268;(f)licensing of butchers;(g)the regulation and inspection of places used for manufacture and/or sale of sweet-meats;(h)prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for hawking exposing for sale in any public place or street any article whatsoever, whether it be for human consumption or not;(i)for licensing brokers/commission agents, measures and weighman practising their calling in public places within the Municipality, and fixing the fees payable for such licences and the conditions on which they are to be granted and may be revoked;(j)for regulating the posting of bills and advertisements and the position, size, shape and style of name-boards, signboards and signposts;(k)prescribing the conditions on and subject to which permission may be granted, renewed, suspended or withdrawn for erecting, exhibiting, fixing or retaining any business advertisement, over any land, building, or structure, or for announcing any business advertisement by loud-speaker;(l)regulation of smoke and sanitation in factories, workshop and trade premises;(m)prescribing the condition on and subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of whistles and trumpets operated by steam or mechanical means in factories and other places for the purposes of summoning or dismissing workmen or person employed;(n)prevention of nuisance in any market building, market place, slaughter-house or any factory, workshop or trade premises;(9)Miscellaneous-(a)prevention and extinction of fire;(b)prohibiting stalling or herding of horses, cattle, donkeys, sheep or goats otherwise than in accordance with regulation prescribed in such bye-laws in regard to the number thereof, and the places to be used for the purpose as may be necessary to prevent danger to the public health;(c)the inspection of milch cattle, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleaning, drainage and water-supply dairies and cattle sheds in the occupation of person following the trade of dairymen or milk-sellers;(d)prescribing the conditions subject to which and the circumstances in which, and the areas and localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of any place or building for use as Sarai or Dharamshala and providing for the inspection and regulation of such places or buildings;(e)regulating the management of Nazul lands transferred to the Council by the State Government;(f)protecting from injury or interference anything within the limits of the Municipality being the property of the State Government or of the Council or under the control or management of the Council;(g)(i)securing the protection of public parks, gardens, open spaces play-grounds, commons, swimming tanks, vested, in or under the control of the Council, from injury or misuse, regulating their management and the manner in which they may be used by the public, and providing for the proper behaviour of persons in them;(ii)regulating the use of common pasture land provided by the Council and rates of fees for use thereof;(h)the holding of fairs and industrial exhibitions within the Municipality or under the control of the Council and fixing the fees to be levied thereat;(i)prohibiting, in any specified street or area, the residing of public prostitutes and the keeping of a brothel, or the letting or otherwise disposal of house or building to public prostitutes or for a brothel;(j)inspection and control of brothels;(k)fixing and regulating the use of places, at which boats may be moored/loaded and unloaded, prohibiting the mooring, loading and unloading of boats, except at such places as may be prescribed by the Council;(l)prohibiting or regulating, with a view to promoting the public safety or convenience, any act which occasions, or is likely to occasion, a public nuisance, and for the prohibition or regulation of which no provision is made;(m)providing for the installation and maintenance of radio receiving stations;(n)providing for the establishment and maintenance of body-folds and rescue homes for women;(o)providing for the removal of social disabilities of Scheduled Castes and Backward Classes;(p)taking measures for the control of beggary;(q)taking measures for the removal of prostitutes from a specified area to another specified area;(r)generally for the regulation of matters relating to Municipal administration.
