Section 427 in The M.P. Municipal Corporation Act, 1956
427. Bye-laws.
- [The Corporation may, and if so required by the Government shall, make bye-laws consistent with the provisions of this Act and the rules made thereunder] [Substituted by M.P. Act No. 13 of 1961.] for carrying out the provisions and intentions of this Act, and in particular and without prejudice to the generality of the foregoing power, it may make bye-laws to regulate all or any of the following matters, namely :-(1)[] [Inserted by M.P. Act No. 13 of 1961.] (a) the extent of general supervision and control to be exercised by the Commissioner over servants of the State placed at the disposal of Corporation under Section 68;(b)the conditions on which property may be acquired by the Corporation or on which property vested in the Corporation may be transferred by sale, mortgage, lease, exchange or otherwise;(c)the authority on which money may be paid from the Municipal fund and the management and regulation of provident funds;(d)the preparation of plans and estimates for works partly or wholly to be constructed at the expense of the Corporation, and for the preparation, and periodical revision of maps and registers made under Section 83, and for the authorities by which and the conditions subject to which plans, estimates, maps and registers are to be prepared and sanctioned;(e)the preparation of estimates of income and expenditure of the Corporation and as to the persons by whom and the conditions subject to which such estimates may be sanctioned;(f)the manner in which the accounts are to be kept by the Corporation, the conditions on which such accounts are to be open to inspection by inhabitants paying any tax under this Act, the manner in which such accounts are to be audited and published and the power of the auditors in respect of disallowance and surcharge;(g)the conditions on which the Corporation may receive animals or articles into a bonded warehouse, and the agreement to be signed by traders and other wishing to deposit animals or articles therein;(h)the m.inner in which public notices may be given;(1-A) (a) the time and place of committees;(b)the manner in which notice of such committees may be given;(c)the quorum necessary for the transaction of business at any committee;(d)the filing of vacancies on committee other than the Mayor-in-Council;(e)any other matter relating to the proceedings of the Corporation or of the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.], the holdings and regulation of meetings and the conduct of debates and the mode of asking and answering of questions connected with the administration of this Act and the inspection of minute books and the supply of copies of minutes to Councillors or other person on payment of fees or otherwise;(f)the language in which the business shall be transacted, proceeding recorded and notice issued;(1-B) the exercise by the Commissioner or tiny other officer or any of the servants of the Corporation of the powers conferred upon the Corporation by this or any other Act for the time being in force, and the conditions and limitations subject to which such powers may be exercised;[1-C & 1-D Omitted] [Omitted by M.P. Act No. 12 of 1995.](1-E) the manner in which notice of any enquiry or order shall be given under sub-section (1) of Section 79-A;(1-F) the conditions and limitations under which immovable property vested in the Corporation may be transferred or disposed of;(1-G) (a) the form and contents of the report and statement to be prepared under Section 123;(b)the publication of the said report and statement;(c)the submission of a copy thereof by the Commissioner;(1-H) (a) the manner in which and the persons by whom contracts may be executed;(b)the security to be demanded for the due performance of contract;(c)the submission of estimates of works before contracts are entertained;(d)the examination and acceptance of tenders;(e)the kind of works which may be executed otherwise than by contract;(1-I) the manner in which and the person by whom payment may be made out of the Municipal fund or cheques drawn upon the said fund may be signed;(1-J) the manner in which and the person by whom coupons attached to debentures issued under this Act may be issued;(1-K) the custody of the common seal of the Corporation and the manner in which and the person by whom the common seal may be affixed;(1-L) the manner in which the budget estimates shall be prepared;[(1-M) Toll and cess on imports. - The classes of goods on which, and the rate at which tolls and cess on imports may be imposed; and the manner of collection of such cess or toll] [Renumbered by M.P. Act No. 13 of 1961.];(2)[ Time and mode of collection of taxes, etc. - The regulation of the time and mode of collection of any tax which may be imposed under Section 132 or which is charged and levied under Section 135.] [Substituted by M.P. Act No. 50 of 1976.](3)Assessment, collection, remission, refund and recovery of taxes, cesses, etc. - (a) The date before which, and rates at which municipal taxes to be levied shall be determined;(b)the assessment, collection, composition, remission, refund and recovery of taxes and cesses and the exemption from such taxes and cesses, and the prevention of evasion;(c)the date, place and manner of paying any tax or instalment of tax payable under this Act and the person to whom it shall be paid;(d)the fees for notices of demand of any tax and the execution of warrants of distress and the rates to be charged for maintenance of any livestock distrained; and the persons authorised to receive payment of any sums so payable;(e)the manner in which the annual values of buildings and land shall be determined for the purposes of assessment;(4)Drains. - (a) the maintenance and improvement of existing drains;(b)the construction of new drains;(c)the alteration and discontinuance of drains;(d)the Hushing and cleaning of drains;(e)the drainage of any building of land;(f)the drainage of private streets;(g)the construction and position of close accommodation, water-closets, privies, urinals and similar conveniences, public or private, and bathing and washing places and the prevention of nuisance arising therefrom;(h)the construction and maintenance of a sufficient number of some or all of the aforesaid conveniences in all buildings;(i)the payment of the cost of agency under the authority conferred by this Act;(5)Latrines and washing places. - (a) The maintenance and regulation of urinal, closet accommodation, water-closet, bathing and washing place and premises appurtenant thereto, belonging to the Corporation;(b)the regulation of urinals, closet accommodation, water closet, bathing and washing places provided for the common use of the inhabitants of one or more buildings;(6)Scavenging and disposal of refuse. - The scavenging of streets and the removal or disposal of sewage and rubbish and offensive matter from all buildings and lands within the City;(7)(a)Waterworks;(b)the inspection of waterworks;(c)the power to enter waterworks;(d)the protection of waterworks from waste, injury or contamination;(e)fire-hydrants;(f)boating, fishing or bathing in any waterworks;(g)the terms and conditions of the supply of water to lands and buildings and the provision of meters;(h)the cutting-off of private water-supplies and the regulation of water-supply;(i)the prevention of fraud in connection with water-supply or the use of meters;(j)the digging or construction of any new well, lank, pond, cistern, or fountain;(k)the prevention of the pollution of water within the city;(8)Streets. - (a) The maintenance and improvement of public streets,(b)projections, obstructions, or encroachments in public streets and the issue of licences and the conditions under which they may be issued, including the payment of rent or fees;(c)the execution of works in or near public streets and the temporary occupation of public streets;(d)the cleansing of private streets and keeping them free of dust by asphalting, tarring or other means;(e)bill-posting and sky signs including prohibition of the same; (t) dangerous places;(g)the lighting of public streets(h)the watering of public streets;(9)street traffic and the reduction of noise caused by such traffic;(10)Prohibition or restriction and regulation of use of barbed wires, etc. - the use of the barbed wire or any material likely to cause injury to persons or animals on any land or premises abutting on any street, pathway, or place which the public are entitled to use or frequent;(11)Hedges. - the removal, trimming and cutting of trees, shrubs and hedges;(12)Lodging houses. - (a) the number of persons who may occupy a lodging-house and the licences necessary for keepers of lodging-houses;(b)the inspection of lodging-houses;(c)the cleanliness and ventilation of lodging-houses;(d)the lighting of common spaces and staircases in lodging-houses;(e)the precautions to be taken in the case of any dangerous or infectious disease breaking out in a lodging-house;(f)the general control of lodging houses;(13)Overcrowding. - the number of persons who may occupy any building;(14)Rest-houses etc. - the inspection and control of stables, camping grounds, pounds and rest-houses;(15)Camping on public ground. - the encamping or picketing of animals, or the collection or parking of vehicles in any public place, or the use of such places for the halting of animals or vehicles;(16)Keeping of animals. - (a) the keeping of animals in the city;(b)establishment and construction of Gwala colonies, dairies and cattle pens within r without the city;(c)the importation of animals into the city and the transport of animals within the city;(d)measure to be taken with stray animals or animals likely, if at large in any street or public place, or cause annoyance or intimidation;(e)the prevention of cruelty to animals;(f)the disposal of carcasses of animals dying in the city;(g)the destruction of any animals which from old age or other causes are in a moribund or infirm state or have received such injuries or are suffering from such dangerous disease that their recovery therefrom is unlikely;(h)the prevention of the sale or use as human food .of the carcasses of animals which die naturally or from disease;(i)the prohibition of importation into, or sale or disposal or use within the Corporation limits of any animals or of the hide or any portion of the carcass of any animal dying or slaughtered on account of, or suffering from any contagious or infectious disease;(17)Wash-houses. - public wash-houses and the exercise of their calling by washerman at places other than those appointed or approved by the Commissioner;(18)Dangerous and offensive trades and factories. - (a) (i) the articles to be included in the description contained in clause (a) of Section 248;(ii)the prohibition or regulation by licence or otherwise of the storage or keeping of such articles;(b)(i)the trades, manufactures, industries or operations to be included in the description contained in clause (c) of Section 248;(ii)the prohibition or regulation by licence or otherwise of the exercise of such trades, manufactures, industries, or operations;(iii)the supervision and sanitary regulation of factories and workshop;(19)Exemption of articles anti trade operations. - the articles or quantity thereof and the trade operations connected with trade which may be exempted;(20)Standard of water used in aerated waters, etc. - the control of the manufacture preparation or sale of aerated water or of cordials;(21)Lables and inscriptions. - the form or kind of label to be attached to packages containing articles of food or drink or drugs or any mixture thereof and the inscription on the label of such particulars, directions, statement, information or words as may be specified;(22)Nuisances. - (a) the discharge of smoke, steam, dust, fumes or noxious vapours;(b)the use of whistles, trumpets and noise-producing instruments operated by any mechanical or other means;(c)the prevention of other nuisances;(23)Advertisement. - the exhibition or advertisements and hoardings and similar structures used for the purpose of advertising;(24)Management of Municipal markets, etc., and the supervision of the manufacture, storage and sale of food. - (a) The sale of the flesh of any four-footed animal not slaughtered in a Corporation slaughter-house and the importation within the Corporation limits of the flesh of any such animal from outside these limits;(b)the sale of meat;(c)the regulation and sanitary conditions of municipal slaughter-houses;(d)the regulation and sanitary conditions of municipal markets;(e)the destruction of diseased animals;(f)the manufacture for sale and the sale of articles of food, drink or drugs either by licence or otherwise;(g)the qualifications of persons who may compound, mix, prepare, dispense or sell any drugs and the certificates or permissions necessary;(h)the hours and manner of importation into, or of transport within the city of any articles of food and drink or drugs, by licence for such importation or transport or otherwise;(i)the places at which articles of food and drink or drugs shall be produced for inspection prior to importation, transport or exposure for sale;(j)the places in which articles of food and drink or drugs may or may not be manufactured, kept, sold or exposed for sale;(k)the notice boards to be exhibited by the vendors and labels to be affixed by them to adulterated articles of food and drink or drugs exposed for sale and the particulars which such notice boards and labels shall contain;(l)the importation or transport within the city of any articles of food or drink produced under such conditions as will make them or are likely to make them injurious to the health of persons consuming them;(m)the supervision and sanitary condition of bakeries, places where sweets are manufactured, public eating-houses, stalls aerated water and ice factories and dairies, stables and buildings or enclosures where animals are kept, whether or not the animals therein are kept for profit;(n)the exposure of goods for sale on streets and the levying of fees from persons setting up stall or otherwise selling or exposing goods for sale on the streets;(o)the regulation of the manner in which foodgrains intended for sale may be stored;(p)the precautions to be taken for protecting milch-cattle, milk and milk products against infection or contamination;(q)the giving of notice of the outbreak of any contagious disease among animals and prescribing precautions to be taken for preventing the spread of any such disease;(r)the hawking of articles of food and drink;(s)the prevention of undesirable or diseased persons from entering municipal markets;(25)Private Markets. - (a) the construction and structural and architectural features of private markets;(b)the drainage, water-supply, ventilation, lighting, sanitary conditions and regulation of private markets;(c)the prevention of cruelty, nuisance, obstruction and overcrowding in, or in the approaches to, or in the passage of, private markets;(d)the supervision of private markets;(e)the days on which and the hours during which any private market may be held or closed:(f)the prevention of all undesirable or diseased persons from entering private markets;(g)the prohibition of all persons from selling in a private market in respect of which a licence has been refused, cancelled, or suspended:[(25-A) licence to pawn brokers, the conditions for such licences and the determination of the amount to be paid for such licences;] [Inserted by M.P. Act No. 13 of 1961.](26)Registration of birth and deaths, etc. - the registration of all births, deaths and marriages which lake place within the city, the taking of a census and the verification of death and the causes of deaths;(27)Licensing of theatres, etc. - (a) the safety, sanitation and internal arrangement 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;(b)the licensing of such entertainments;(28)Construction of building. - (a) the information and plans to be submitted with applications for the approval of sites for buildings and for permission to erect or re-erect any buildings;(b)the period within which sanction for erection or re-erection of a building must be granted or refused;(bb)[ the appointment of a person to supervise the work of erection or re-erection of building or of any specified class or classes of buildings and his qualifications;] [Inserted by M.P. Act No. 13 of 1961.](c)the grant of a completion certificate for newly erected or re-erected buildings and the persons by whom such certificates shall be granted;(d)the heights of buildings;(e)the level and width of the foundations, the level of the lowest floor or plinth and the stability of the structure;(f)the number and height above the ground, or above the next lower storey, of the storeys of which any buildings may consist;(g)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 on and the provisions of chimneys for cooking operations;(h)the space to be left about any buildings to secure the free circulation of air and to facilitate scavenging and to prevent fire and the minimum width of streets in front of building;(i)the ventilation and drainage of buildings and the minimum dimensions of doors and windows;(j)the means and appliances to be provided and maintained for egress from buildings and protection of life in case of fire;(k)the material to be used and the method of construction to be adopted for any building or class of buildings and the provision of impervious floors and damp-proof courses for walls;(l)the position, materials and method of construction of fireplaces, smoke-escapes, chimneys, staircases, water-closets, water-closet accommodation and drains in building;(m)the parts or portions of building sites on which no building shall be erected;(n)the paying of any passage between two buildings or appurtenant to any building;(o)the restriction on the use of inflammable materials in buildings;(p)the precautions to be taken for the purposes of preventing danger or injury to the public or to the persons employed in erecting a building and of securing the stability of the various parts of the building and buildings and other property in the vicinity thereof, during the progress of the building or of any demolition or excavation incidental thereto;(q)the line of frontage where a building abuts on a street;(r)the materials and methods of construction to be used tor godowns intended for the storage of foodgrains in excess of fifty mounds;(s)the minimum requirements, including dimensions of accommodation for human beings and of accommodation for animals;(t)the position and dimensions of projections beyond the outer lace of any external wall of a building;(u)the height of factory chimneys and the consumption of smoke;(29)Removal or improvement of insanitary building. - (a) the removal or improvement of insanitary buildings and building in a ruinous of dangerous condition;(b)the marking of vacant uninhabitable buildings;(c)the cleansing, lime-washing, painting, or repair of such buildings;(d)the exercise of compulsion upon the owners or occupiers to take such order with abandoned, unoccupied or neglected buildings or lands as the Commissioner may direct;(e)the excavation of earth, stone or other materials from any place;[(29-A) the assessment of compensation by the Corporation under Section 306;] [Inserted by M.P Act No. 13 of 1961.](30)Passenger-lifts. - (a) the construction, maintenance and working of passenger-lifts, and all machinery and apparatus pertaining thereto;(b)the construction, maintenance, fencing and lighting of shafts, landings, hatches and gates connected with passenger-lifts;(c)the entry upon, and inspection of any premises containing a passenger-lift by such persons as the Commissioner may authorise in this behalf;(d)the prohibition of the use of any lift where any bye-law made under this sub-section has not been complied with :Provided that such bye-laws shall not affect any provisions of the Factories Act, 1948, or of the Indian Electricity Act, 1910, or any rules framed thereunder.Explanation. - A lift actually used as a lift by passengers is, for the purposes of this sub-section, passenger-lift notwithstanding that it may not have been constructed for that purpose and that its use as passenger-lift is not authorised by the owner or occupier thereof;(31)Precautions in demolition of buildings. - (a) the precautions to be taken for the prevention of danger or injury to the public during, and to persons engaged in, the demolition of buildings or parts of a building and for the protection of other parts of the same building and of other buildings in the vicinity thereof;(b)the notice to be given by any person intending to demolish a building or part of a building to the Commissioner together with particulars of the purposed demolitions and of the precautions to be taken during the progress of the work;(c)the prohibition of the commencement of demolition within a prescribed period except with the permission of Commissioner;(d)the prohibition of the commencement or continuation of the demolition until all precautions have been and are being taken in accordance with the [bye-laws] [Inserted by M.P. Act No. 13 of 1961.] and, with any directions and requisitions in writing which the Commissioner may issue to the person in charge of the work or to the person who submitted the notice, if any, required under the [bye-laws;] [Substituted by M.P. Act No. 13 of 1961.](32)Improvement of insanitary lands. - (a) the prohibition of accumulation of water in any pool, ditch, tank, well, pond, quarry hole, drain, water-course, cistern or other receptacle;(b)the prohibition of cultivation, use of manure or irrigation, injurious to health;(c)the paving and draining of cattle stands;(d)the adoption of measures generally to render insanitary lands sanitary;(33)Holding of fairs, etc. - the holding of fairs and industrial exhibitions within or without the city;(34)Protecting of property of the Corporation. - the protection of the property of the Corporation from injury;(35)Protection against fire. - the slacking of inflammable materials and of the lighting of fires in the city;(36)Charges for services by municipal authorities. - the charges for services rendered by any municipal authority;(37)Register of improvement charges. - the maintenance of a register showing charges on building or lands for improvement expenses under Section 357;(38)Appointment of agents by owners of lands not resident in the city. - the appointment by owners of buildings or lands in the city, who are not resident in the city of persons residing within or near the city to act as their agents for all or any of the purposes of this Act or any rule or bye-law made thereunder;(39)Inspection and control of brothels, etc. - Licensing and medicalExamination of prostitutes and inmates of brothels and inspection and control of brothels and disorderly houses;(40)Mode of performance of acts otherwise provided for-the person by whom and the time, place and manner at or in which anything prescribed under this Act, shall be done, where no express provision has been made therefor;(41)Licences and notices. - the form of licences and notices issued under this Act and the authority entitled to sign or issue them;(42)Burial and burning grounds. - the manner of carrying and the disposal of the dead; the control, use and management of burial and burning grounds; the maintenance of all such places in good order and in a safe and sanitary condition, and the prevention of encroachments thereon;(43)Vehicles or animals plying for hire. - (a) vehicles or animals plying for hire within the limits of the Corporation, 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 licences 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, motor vehicle or other conveyance or animals hired to carry loads on 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 Corporation :[Provided that no bye-laws made under sub-clause (a) or (b) shall apply to any vehicle to which the Hackney Carriage Act, 1897 (XIV of 1879), applies in any area where that Act is in force;Provided further that the operation of any bye-laws made under the provisions of sub-clause (a) or (b) may with the sanction of the 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 Corporation;(iii)the whole or any part of any street leading from the limits of the Corporation to the limits of any municipality, cantonment or Panchayat, if the distance between the limits of the Corporation and the boundaries of these authorities does not exceed fifty miles, and the Corporation and the authorities concerned each consent to the extension of such bye-laws;](44)Poor-houses. - (a) the maintenance of poor-houses by the Corporation or by private persons or institutions;(b)the maintenance of poor-houses before a poor-house managed by a private person or institution is approved by the Corporation;(c)the compulsion of able-bodied beggars to work;(d)the nature of the work which may be required of beggars and the kind of food to be supplied to them;(e)the authority by which exemption from the obligation to work may be granted in a poor-house on the ground of ill-health or debility;(f)the authorities for the inspection of poor-houses;(45)Preventing of use of false or incorrect weights, etc. - the preventing of use in any market of false or incorrect weights, scales or measures;[(45-A) the printing and sale of bye-laws made under this Act and provision for the exhibition thereof in suitable places; [Inserted by M.P. Act No. 13 of 1961.](45B)the formation and working of the municipal fire-brigade;(45C)generally for the guidance of the municipal authorities and public officers in carrying out the purposes of this Act;(45D)conditions, fees and limitations for compounding of offences;(45E)the naming and numbering of streets and the numbering of houses;(45F)the case in which inspection and copies of municipal records may be granted, and the procedure and the fees for the grant of such inspection or copies;](46)Generally for carrying out the purposes of this Act.
