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State of Meghalaya - Section

Section 302 in Meghalaya Municipal Act, 1973

302. Power to make bye-laws.

- The Board may, from time to time, at a meeting which shall have been convened expressly for the purpose, and of which due notice shall have been given, frame such bye-laws, as they deem fit, not being inconsistent with this Act, or with any other general or special la, for-
(i)regulating and preventing obstructions and encroachments and nuisance on or near public roads, or on or near pontoons, bridges, ghats, landing places, river banks or other places of public resort or on place near water works for the supply of drinking water;
(ii)prescribing a minimum width of wheel tyres or a minimum diameter and the maximum wheel tracks of wheels for different classes of carts and carriages kept or used within the municipality;
(iii)prescribing the manner in which notice of the intention to erect, re-erect or materially after a building shall be given to the Board;
(iv)requiring that with every such notice shall be furnished a site plan of the land on which it is intended to erect, re-erect or materially after such building and a plan and specification, and in the case erection or re-erection of a building, an estimate also of the cost of construction (excluding cost of land and its improvement) of the building all such characters and with such details as the bye-law, may require in respect of all or any of the matter following, viz-
(a)free passage or way in front of the building;
(b)space to be left about the building to secure free circulation of air and facilitate scavenging and for the prevention of fire;
(c)provision and position of latrines, urinals, cess-pools or drains;
(d)level and width of foundation, level of lowest floor, and the stability of the structure; and
(e)the line of frontage with neighbouring buildings, if the building abuts on a public road;
(v)regulating in respect of the erection, re-erection material alterations of any building, within the municipality or part thereof-
(a)the materials and method of construction to be used for external and partition walls, roofs and floors;
(b)the materials and method of construction and position of fire-places, chimneys, latrines, urinals, cess-pools and drains;
(c)the height and slope for the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on;
(d)the space to be left about the building to secure the free circulation of air and for the prevention of fire;
(e)the line of frontage, where the building abuts on a public road;
(f)the number and height of the storeys of which the building may consist;
(g)the means to be provided for access from the building in case of fire; and
(h)any other matter affecting the ventilation or sanitation of the buildings;
(vi)preventing the erection of building without adequate provisions being made for the laying out and location of roads;
(vii)regulating the level, means of drainage, alignment and width of roads constructed by private persons;
(viii)fixing and from time to time varying the number of person; who may occupy a building or part of a building, which is let in lodgings or which is situated within such congested areas as may be specified in the bye-law; or occupied by members of more than one family; and providing-
(a)for the registration and inspection of such buildings;
(b)for promoting cleanliness and ventilation in such buildings;
(c)for notice to be given and precautions to be taken in the case of any infections or contagious disease breaking out in such buildings;
(d)in the case of hotel, serai and lodging house-keepers and secretaries of residential clubs, for the maintenance of registers in such form as the Board may prescribe of visitors and lodgers; and;
(e)generally for the proper regulation of such buildings;
(ix)regulating the use of, and the prevention of nuisance in regard to public water-supply, bathing and washing places, streams, channels, tanks and wells;
(x)regulating either by rendering licenses necessary or otherwise, the washing of clothes by professional washermen, and fixing the places in which clothes may be so washed or in which they may not be washed;
(xi)prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells, tanks, pools, excavations, cisterns or other places or vessels containing or capable of containing water;
(xii)regulating the cutting of trees and bamboos within the municipality;
(xiii)defining the duties of persons employed in the removal of sewage within the municipality and required to take out license under Section 213;
(xiv)regulating the disposal of sewage, offensive matter, carcasses of animals and rubbish, and the construction and maintenance of latrines, urinals, cesspools, drains and sewers;
(xv)providing for the inspection and regulation of markets and for the preparation and exhibition of a price list thereat;
(xvi)regulating the hours and manner of transport within the municipality of any specified articles of food or drink;
(xvii)fixing the places in which any specified article of food or drink may be sold or exposed for sale or the places in which it may not be sold of exposed for sale;
(xviii)regulating either by rendering licenses necessary or otherwise the import into the municipality for sale, of milk and butter;
(xix)regulating, either by rendering licenses ,necessary or otherwise, or prohibiting for the purpose of preventing danger to the public health, the stalling or herding of horses, cattle, swine, donkeys, sheep or goats, geese, ducks and fowls;
(xx)providing for the inspection of milch cattle, and prescribing the measures to be taken on the occurrence amongst them of infectious or contagious diseases; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water-supply of dairies and cattle-sheds in the occupation of persons following the trade or dairymen or milk sellers;
(xxi)providing for the inspection and proper regulation of encamping grounds, pound, serais, bakeries and aerated water factories, ice factories, flour mills, oil mills, sweetmeat shops, factories, and other places in which mechanical or electrical power is employed, and slaughter houses;
(xxii)preventing nuisance affecting the public health, safety, or conveniences In places of public resort for purposes of recreation or amusement;
(xxiii)preventing nuisances affecting the public health, safety or conveniences;
(xxiv)providing for the guidance, discipline and conduct of the members of a volunteer firebrigade recognized by the Board. ,
(xxv)controlling and regulating the use and management of burial and burning ground and the disposal of corpses;
(xxvi)providing for inspection of weights and measures ,used in markets within the municipality;
(xxvii)providing for the holding of fairs and industrial exhibitions within the municipality or under the control of the Board and for fixing and collecting the fees to be levied thereat;
(xxviii)fixing the conditions on which licenses under this Act are to be granted and may be suspended or revoked;
(xxix)preventing and removing and encroachments on any municipal lands including markets, drains, roads, etc,; and
(xxx)giving effect to the objects of this Act, and may by such bye-laws impose on offenders against the same such reasonable penalties as they think fit, not exceeding the sum of fifty rupees for such offence, and, in case of a continuing offence, a further penalty not exceeding twenty rupees for each day after ,written notice of the offence from the Board :
Provided that no person shall be punishable for breach of any bye-law made under clause (xvii) of this section by reason of exposure for sale of any article in any premises which are at the time of the making of such bye-law used for such purpose until he has received from the Board six months' notice in writing to discontinue such exposure for sale in such premise.