State of Goa - Act
The City of Panaji Corporation Act, 2002
GOA
India
India
The City of Panaji Corporation Act, 2002
Act 1 of 2003
- Published on 21 January 2003
- Commenced on 21 January 2003
- [This is the version of this document from 21 January 2003.]
- [Note: The original publication document is not available and this content could not be verified.]
7.
/28/2002/LA. - An Act to provide for and constitute a Municipal Corporation for a Larger Urban area for Panaji Municipal area and other developed areas.Be it enacted by the Legislative Assembly of Goa in the Fifty-third year of the Republic of India as follows:-Part I – Chapter I
Preliminary1. Short title, extent and commencement.
2. Repeal of enactment.
3. Transfer of liabilities.
4. Provisional appointment of Commissioner.
- The State Government may, by notification, appoint a person to exercise, perform or discharge the powers, duties and functions which are conferred or imposed by or under this Act as the Commissioner until that officer is appointed under section 48.5. Definitions.
- In this Act, unless there is anything repugnant to the subject or context:-Part II – Constitution and Government
Chapter II
The Municipal Authorities
6. Municipal authorities charged with the execution of this Act.
- The Municipal authorities charged with carrying out the provisions of the Act shall be-7. Incorporation of Corporation.
- The Corporation shall by the name of the Corporation of the City of Panaji be a body corporate, and have perpetual succession and a common seal, and shall by that name sue and be sued.8. Power of Corporation to acquire and hold movable and immovable property.
- The Corporation shall have power to acquire and hold property, both movable and immovable, within or without the limits of the City, and subject to the provisions of this Act and the rules made thereunder, to transfer any property held by itself and to enter into contracts and to do all other things necessary for the purposes of this Act.9. Constitution of Corporation and division of City into wards.
10. Reservation of seats.
11. State Election Commission.
12. Power of State Election Commissioner to issue directions to prevent impersonation.
- The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing the electors to produce, at the time of polling, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951.13. Preparation of municipal election roll.
- The Assembly roll for the time being in force, on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to different wards in the City; and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorized by him, shall be the ward roll for each ward.14. Qualifications of candidates.
15. Disqualifications of candidates.
- No person shall be eligible for election, as a Councillor if he-16. Notification of election, of Councillors, Mayor and Dy. Mayor.
- Every election, of a Councillor, and every election of the Mayor or Deputy Mayor shall be notified in the prescribed manner and such persons shall enter in their respective offices from the date specified for that purpose in such notification.17. Duration of the term of the Corporation.
18. Term of Office of Councillors.
- Except as provided for in the transitory provisions hereinafter made, the term of office of the Councillors shall be co-terminus with the duration of the Corporation.[Provided that the term of office of the Councillors of the Corporation formed immediately after the commencement of this Act shall in no case extend beyond the period of two years and six months from the date of constitution of the Corporation;Provided further that after the expire of set period of two years and six months, the consequences as laid down in section 380 of this Act shall ensure.] [Inserted by the City of Panaji Corporation (Amendment) Act, 2006 published in the Official Gazette, Series I No. 3 (Extraordinary 2) dated 21-4-2006 and come into force w.e.f. 1-10-2005.]19. Election to constitute Corporation.
- An election to constitute the Corporation shall be completed:-20. Filling up of casual vacancies.
- In the event of failure to accept office by a person elected, to be a Councillor, or of the death, resignation or vacancies or disqualification of a Councillor, or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as soon as conveniently may be but not later than six months by the election, of a person thereto as Councillor, who shall take office forthwith and shall hold such office in the unexpired term of his predecessor.21. Effect of subsequent disabilities.
- If any person having been elected, a Councillor-22. Election of Mayor and Deputy Mayor.
- The elected Councillors of the Corporation shall, at the first meeting of the Corporation each year, elect from amongst themselves, a Mayor and a Deputy Mayor.23. Removal of Councillor.
24. Procedure in case of non-payment of Corporation dues by Councillors and office-bearers of Corporation.
Chapter III
Conduct of Business
Transaction of Business by the Corporation25. Meetings.
- The Corporation shall meet at least once every month or when so directed by the State Government for the transaction of business.26. First meeting after general election.
- After every general election, notwithstanding anything contained in this Act, the Commissioner shall call the first meeting of the Corporation on the date specified in the notification issued under section 16, to elect the Mayor, the Deputy Mayor, the Standing Committee and the Special Consultative Committees.27. Convening of meetings.
28. Power of Mayor and Deputy Mayor to call special meeting.
- The Mayor, or in any such event as aforesaid, the Deputy Mayor, may whenever he thinks fit call a special meeting, and shall be bound to do so within two weeks of the receipt of a written requisition signed by not less than three members of the Standing Committee.29. Adjournments.
- Any meeting of the Corporation may, with the consent of a majority of the Councillors present or under the directions of the State Government, be adjourned to any other date; but no business other than that left over at the adjourned meeting shall be transacted at the next meeting. A notice of such adjournment posted in the municipal office on the day on which the meeting is adjourned shall be deemed sufficient notice of the next ensuing meeting.30. Public to be admitted to the meeting of Corporation.
31. Chairman of meeting.
32. Quorum.
33. Disability of Councillors for voting, etc.
34. Preservation of order.
35. Constitution of Standing Committee.
- The Standing Committee shall consist of six Councillors.36. Election of Standing Committee.
37. Election of the Chairman of Standing Committee.
38. Absence from meeting of Standing Committee.
- Any member of the Standing Committee who absents himself from all meetings of the Standing Committee during two consecutive months shall cease to be a member of the Standing Committee, and his office as such member shall be vacant, and he shall not be eligible for re-election to the Committee during the unexpired term of the Corporation.39. Casual vacancies in the Standing Committee.
- If any casual vacancy occurs in the office of a member of the Standing Committee, the Corporation shall, as soon as may be after the occurrence of such vacancy, elect one of its member to fill the vacancy and every Councillor so elected shall continue in office for the unexpired term of his predecessor.40. Each Standing Committee to continue in office till a new Committee is constituted.
- The Standing Committee in existence on the day for the retirement of Councillors shall continue to hold office until such time as a new Standing Committee is constituted under section 36 notwithstanding that the members of the said Committee, or some of them, may no longer be Councillors.41. Constitution of Wards Committees.
42. Special Consultative Committees, their term, election and filling of casual vacancies.
43. Election of Special Committees for consultative purposes.
- The Corporation may also elect from time to time for such period as it may think fit, Special Committees including the Women and Child Welfare Committee, so however that the number of such Committees shall not exceed five and each such Committee shall consist of such number of Councillors as it may think fit, and may refer to such Committees for inquiry and report, or for opinion, any matter relating to the purposes of this Act:Provided that, on the Women and Child Welfare Committee not less than seventy-five per cent of the members shall be from amongst women Councillors:Provided further that, the chairperson and the Deputy Chairperson of the women and Child Welfare Committee shall be from amongst the women Councillor members thereof.Explanation:- For the purpose of computing the number of members at seventy-five per cent., fraction, if any, shall be rounded off to one.44. Decision of questions by majority of votes.
- Except otherwise provided by or under this Act, any questions brought before any meeting held under this Act, shall be decided by a majority of the votes of the members present, and, in the case of an equality of votes, the presiding authority at the meeting shall have a second or casting vote:Provided that in the case of an equality of votes at the election of the Mayor or Deputy Mayor or any member of the Standing or Special Consultative Committee, the presiding authority shall not exercise his casting vote, and the result shall be decided by lot.45. Vacancies, etc., not to invalidate proceedings.
- No act or proceeding of the Corporation or of any Committee appointed under this Act, shall be questioned on account of any vacancy in the membership or any defect in the election or qualification of the Mayor, Deputy Mayor, Presiding Authority, any Councillor or member thereof, or any defect or irregularity in any such act or proceeding not affecting the merits of the case.46. Proceedings of meeting to be deemed to be good and valid.
- Until the Contrary is proved-47. Minute books.
Chapter IV
Municipal Offices and Servants
48. Appointment of Commissioner.
49. Power of Commissioner.
- The Commissioner shall be the principal executive officer of the Corporation and all other officers and servants of the Corporation shall be subordinate to him. He shall have the right to speak at, and otherwise take part in, any meeting of the Corporation or any committee thereof, but shall not be entitled to vote or to move any proposition. The Commissioner shall be accountable and answerable to the State Government for performance of his functions, duties and powers under this Act.50. Salary of Commissioner.
51. Appointment and salary of principal officers, other officers and servants.
52. Appointment of other officers and servants.
53. Acting appointments.
54. Municipal officer or servant not to be interested in any contract with Corporation.
55. Discharge on infliction of penalties.
56. Extraordinary pension in case of officer or servant injured or killed in execution of his duty.
- The Corporation may give an extraordinary pension, gratuity or compassionate allowance in accordance with the rules or bye-laws framed in this behalf-57. Re-instatement or re-employment of a convicted officer or servant and payment of salary and allowances to such officer or servant.
58. Essential officers and servants.
- No essential officer or servant shallChapter V
Powers, Duties and Functions of the Municipal Authorities
Obligatory and Discretionary Duties of the Corporation59. Matters to be provided for by Corporation.
60. Matters which may be provided for by Corporation at its discretion.
- In addition to the other powers and duties conferred or imposed on it by or under this Act or any other Act for the time being in force, the Corporation subject to any specific, special or ordinary orders of the State Government may in its discretion provide from time to time either wholly or partly for all or any of the following matters, namely:-61. Entrustment of certain functions by State Government to Corporation.
62. Performance of functions by agencies.
- Where any duty has been imposed on, or any function has been assigned to the Corporation under this Act or any other law for the time being in force, or the Corporation has been entrusted with the implementation of a scheme:-63. Environment Status Report.
- The Commissioner shall be responsible, before the 31st day of July every year to place before the Corporation with a copy endorsed to the State Government, the report on the status of environment within the City of Panaji in respect of the last preceding financial year covering such matters, and in such manner as may be specified by the State Government from time to time.64.
65. Corporation may call for extracts from proceedings, etc., from the Standing Committee, etc.
- The Corporation may at any time call for an extract from any proceedings of the Standing Committee and for a return, statement, account or report concerning or connected with any matter with which the Standing Committee is empowered by this Act to deal; and every such requisition shall be complied with by the Standing Committee without unreasonable delay.66. Corporation may require Commissioner to produce documents.
67. Exercise of functions to be subject to sanction by Corporation of the necessary expenditure.
- The exercise or performance by any municipal authority of any power conferred or duty imposed by or under this Act which is likely to involve expenditure shall, except in any case specified in the proviso to section 85, be subject to the following conditions namely:-68. Procedure for making contracts on behalf of Corporation.
- With respect to the making of contracts under or for any purpose of this Act, including contracts relating to the acquisition and disposal of immovable property or any interest therein, the following provisions shall have effect, namely:-69. Mode of execution of contract.
Chapter VI
Municipal Property and Liabilities
70. Transfer to Corporation of Property of Municipality of Panaji.
- All property movable and immovable, and all interest of whatsoever nature or kind therein, vested in the Municipality of Panaji or in village panchayats, for panchayat areas indicated in Schedule I at the commencement of this Act, with all rights of whatsoever description used, enjoyed or possessed by the said Municipality or panchayats as the case may be shall be deemed to be vested in the Corporation as constituted under this Act.71. Property of public institutions managed by municipal authority to be held in trust.
72. Acquisition of immovable property or easement by agreement.
73. Procedure when immovable property or easement cannot be acquired by agreement.
74. Decision of claims to property by or against Corporation.
75. Provisions governing the disposal of Municipal, property or property vesting in or under the management of Corporation.
76. Property vested in Corporation.
- Subject to any special reservation made or to any special conditions imposed by the State Government all property of the nature hereinafter in the section specified and situated within the city except those belonging to or under the control of the State Government, shall vest in and be under the control of the Corporation, and with all other property which has already vested, or may hereafter vest in the Corporation, shall be held and applied by it for the purposes of this Act, that is to say-77. Record of immovable property.
- The Corporation shall maintain a register and a map of all immovable property of which it is the proprietor or which vests in it otherwise or which it holds in trust for the State Government.78. Resumption by Government.
- The State Government may resume any immovable property transferred to the Corporation by itself or by any local authority, where such property is required for a public purpose, without payment of any compensation other than the amount, paid by the Corporation for such transfer and the market value at the date of resumption of any buildings or works subsequently erected or executed thereon by the Corporation with the intention that such buildings or works should be permanent:Provided that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer.79. Management of public institutions.
Part III – Finance
Chapter VII
The Municipal Fund
80. Municipal fund to be held in trust.
- Subject to the provisions of this Act, there shall be a municipal fund, and it shall be held in trust for the purposes of this Act.81. Credit of money to municipal fund.
82. Application from municipal fund.
- The moneys credited from time to time to the municipal fund shall be applied in the following order of preference:-Firstly, in making due provisions for the repayment of all loans payable by the Corporation under the provisions of Chapter IX.Secondly, in discharge of all liabilities imposed on the Corporation by sub-section (1) of section 3.Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in sections 59 and 60 and for otherwise carrying this Act into effect, or of which the payment shall be duly or directly sanctioned under any of the provisions of this Act inclusive of-83. Receipts and disposal of payments on accounts of the municipal fund.
- All moneys payable to the credit of the municipal fund shall be received by the Commissioner and shall be forthwith paid into the State Bank of India at Panaji or into any other Bank approved by the State Government to the credit of an account which shall be styled "The account of the municipal fund of the City of Panaji".84. Drafts on the municipal fund.
Chapter VIII
Budget Estimate
85. Only sums covered by a budget grant to be expended from the municipal fund.
- Except as hereinafter provided, no payment of any sum shall be made out of the municipal fund unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under section 88 or 90:Provided that the following items shall be excepted from this prohibition, namely:-86. Expenditure under certain of these exceptions to be reported by Commissioner to Standing Committee.
- Whenever any sum is expended by the Commissioner under clauses (d), (e) or (g) of the proviso to section 85, he shall forthwith communicate the circumstances to the Standing Committee which shall take such action under section 88 or recommend to the Corporation to take such action under section 89 as shall, in the circumstances, appear lawful and expedient for covering the amount of the additional expenditure.87. Preparation of budget estimates.
88. Power of Standing Committee to reduce or transfer budget grants.
89. Power of Corporation to alter budget grants.
- The Corporation may, from time to time during the financial year, transfer the amount or a portion of the amount of one budget grant from one major head to another in the budget estimate, or increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not in such a way as to bring the estimated cash balance at the close of the year below the amount fixed under clause (d) of sub-section (2) of section 87.90. Power of Corporation to re-adjust income and expenditure during the year.
Chapter IX
Loans
91. Power of Corporation to borrow money.
92. Limit of borrowing power.
- Notwithstanding anything herein before contained the borrowing limits of the Corporation shall be limited to fifty crores.93. Repayment of loans.
- Every loan raised by the Corporation under section 91 shall be repaid within the time approved under proviso (iii) to sub-section (1) of the said section and by such methods as may be approved by the State Government.94. Attachment of municipal fund in default of repayment of loans.
95. Attachment of municipal fund for securing payment.
- If the Corporation fails to make any payments the State Government may attach the municipal fund or any part thereof, and the provisions of sub-section (2) of section 94 shall, with all necessary modifications, be deemed to apply.96. Annual Statement to be prepared by the Commissioner.
97. Application of the Local Authorities Loans Act, 1914.
- The provision of the Local Authorities Loans Act, 1914 shall apply to all loans borrowed under this chapter so far as the said provisions are not inconsistent with the provisions herein contained.Chapter X
Audits and Accounts
98. Accounts to be kept in a form approved by the Standing Committee.
- Subject to any rules made by the Government in this behalf, account of receipts and expenditure of the Corporation shall be kept in such manner and in such forms as the Standing Committee made from time to time prescribed.99. Transmission of Accounts to Government.
- The Corporation shall, as soon as the accounts of the past year have been finally passed by it transmit to the State Government an account in such form as the State Government may from time to time direct.100. Annual Administration Report and Statement of Accounts by Corporation.
101. Monthly abstract of accounts.
102. Audit of municipal accounts.
103. Municipal authorities to remedy defects and report to State Government.
Part IV – Chapter XI
Taxation104. Taxes to be imposed under this Act.
105. Procedure for Imposing Taxes.
106. General tax on what properties to be levied.
107. Control of State Government on the rate of taxes.
- The State Government while regulating the imposition, assessment and collection of taxes under this Act, apart from specifying maximum amounts of rates for any tax and for preventing evasion of assessment and payment of tax, may also provide that all or any of the property taxes, general taxes or any such other taxes may be imposed on a graduated scale.108. Exemption from general tax.
109. Annual value of land or building how to be ascertained.
- For the purpose of assessing land or buildings to the property taxes-110. Requisition of name of owner.
- The Commissioner may, by written notice, require the occupier of any land or building to furnish him within fifteen days with the name and address of the owner of such land or building.111. Treatment of property which is let to two or more persons in separate occupancies.
- Where any building constructed or adapted for the purpose of a single dwelling, or constructed or adapted for that purpose as two parts and for another purpose as to the rest, is let out to two or more tenants severally, the assessing authority in preparing, or revising the assessment list, or amending a current assessment list may, if it thinks fit, having regard to all the circumstances of the case, including the extent, if any, to which the parts separately occupied have been severed by structural alteration, treat the building or part thereof as a single property, and a building or part of a building so treated as a single property shall for the purposes of the property taxes, be deemed to be a single property.112. Responsibility for payment of property taxes.
- The property taxes leviable upon any land or building shall be primarily paid by owner failing which by the occupier thereof.Explanation:- For the purpose of this section a tenant of land or building or both, under a lease for any agreed period with a covenant for its renewal thereafter, shall be deemed to be owner thereof.113. Employment of assessor.
114. Assessment of annual value and duration of assessment.
115. Returns for purposes of valuation.
116. Public notice and inspection of valuation.
117. Notice when valuation made for first time is increased.
- The Commissioner shall, in all cases in which any land or building is for the first time, valued, or in which the valuation of any land or building previously valued is increased under section 114, give special notice thereof to the owner or occupier of the same, and when the valuation is so increased, the said notice shall contain a Statement of the grounds of the increase.118. Notice of objection to valuation.
119. Investigation of objections by Commissioner.
120. Appeal to District Court.
121. Valuation when to be final.
122. Keeping of municipal assessment list.
123. Authentication of assessment list when all objections have been disposed of.
124. Power of Commissioner to amend assessment list.
125. Notice of increase of rent.
126. Notice to be given to Commissioner of demolition or removal of a building.
127. Failure to give notice of increase of rent.
- Whoever fails to give notice of an increase of rent required by sub-section (1) and (2) of section 125, or gives notice of an increase of rent which in substance is untrue, shall in addition to any punishment to which he may be liable, be precluded from objecting to any assessment made by the Commissioner in respect of such building or land or any portion thereof of which he is the owner.128. Period for which revised valuation to continue in force.
- When the valuation of any land or building is revised in consequence of any objection made under section 118 or an appeal is preferred under section 120, the revised valuation shall take effect from the quarter in which the first valuation would have taken effect in the same manner and for the same period and subject to the same condition as the original valuation.129. Payment of property taxes, how effected by objections to valuation.
- When an objection to a valuation has been made under section 118, the property taxes shall, pending the final determination of the objection, be paid on the previous valuation.130. Refund of excess payment.
- If upon the hearing of any objection or appeal from any valuation it is made to appear to the Commissioner or the court, as the case may be, that the appellant has paid any sum or sums of money in consequence of assessment which he ought not to have paid, the Commissioner or the court as the case may be, shall direct the excess payment to be refunded to the appellant.131. Duty of the Corporation to recover all other taxes.
- The Corporation Commissioner, and every authority under this Act, shall be duty bound to assess, and recover from such persons, such tax, fees or compensation which is levied by any other law enacted by the State Legislature, for the time being in force or that may be levied hereafter, and upon such recovery and collection, the amount shall be credited to the State Government by the Corporation without any delay.Supplemental Provisions132. Commissioner to supply copies on payment.
- The Commissioner shall furnish to any person who applies for it, a copy of the valuation or assessment list for the time being in force or any extract from any such list on payment of a sum not exceeding the rate of five rupees for every page numbered separately, and the Commissioner or a person authorized by him in this behalf shall, if required, certify the copy or extract in such manner as may be prescribed.133. Tax not invalid for defect of form.
134. Power of the State Government in regards to taxes.
135. Refund of tax on unoccupied immovable property.
136. Duty of furnishing true information regarding liability to Municipal taxation.
137. Duty of occupier to furnish true information regarding owner's name and address.
- If the occupier of any land or building neglects or refuses, without reasonable cause, to comply with a notice served under section 110 or furnishes information which is untrue to his knowledge he shall be punishable with fine which may extend to two thousand rupees.138. Notice of transfers of title, when to be given.
139. Power of entry for the purpose of valuation of taxation.
- The Commissioner may authorize any person to do the following acts at any time between sunrise and sunset after giving twenty-four hours notice to the occupier, or, if there be no occupier, to the owner, of a building or land-140. Power to examine article liable to toll or cess of imports.
- Every person bringing or receiving within limits of the City any article in respect of which a toll or cess on imports is payable, shall when required by an officer duly authorized by the Commissioner in this behalf and so far as may be necessary for ascertaining the amount of tax chargeable-141. Power to search where toll or cess or imports is leviable.
142. Punishment for evading payment of toll or cess.
- If animals or articles passing the limits of the Corporation are liable to the payment of a toll or cess on imports, then every person who, with intention to defraud the Corporation causes or abets the introduction of, or himself introduces or attempts to introduce within the said limits, any such animals or articles upon which payment of the toll or cess on imports due on such introduction has neither been made nor tendered, shall be punishable with fine which may extend either to ten times the value of such toll or cess on imports, or to five thousand rupees, whichever may be greater.143. Levy of Street tax.
Chapter XII
Recovery of Corporation's Claims
144. Presentation of bill for taxes and other demands.
145. If bill not paid within fifteen days, notice of demand to issue.
146. In what case warrant may issue.
147. Power of Corporation to remit certain fees.
- The Corporation may in its discretion may remit the whole or any part of any fee chargeable under sub-section (2) of section 145 or sub-section (3) of section 146.148. Power of officer to break open door or window.
- Any officer, charged within the execution of a warrant, of distress issued under section 146 may, if authorised by a general or special order in writing by the Commissioner between sunrise and sunset break open any outer or inner door or window of a building in order to levy distress-149. Warrant how to be executed.
- The officer charged with the execution of a warrant of distress issued under section 146 shall, if authorized by the warrant, distrain, wherever it may be found, any movable property or attach any immovable property of the person named in the warrant subject to the following conditions, namely:-150. Sale of goods distrained in special cases.
151. Sale outside the City.
- Where the warrant is to be executed outside the limits of the City, the Commissioner may by endorsement direct the person to whom the warrant is addressed to sell the property distrained or attached; and in such a case it shall be lawful for such person to sell the property and to do all things incidental to the sale in accordance with the provisions of section 150 and to exercise the powers and perform the duties of the Commissioner under sub-section (1) and (2) of section 150 in respect of such sale except the power of suspending the warrant. Such person shall after deducting all costs of recovery incurred by him, remit the amount recovered under the warrant to the Commissioner who shall dispose of the same in accordance with the provisions of section 150.152. Fees and costs chargeable.
- The fees for every notice or warrant issued and for the maintenance of any live-stock seized under this Chapter shall be chargeable at the rates specified in this behalf in the bye-laws of the Corporation and shall be included in the cost of recovery to be levied under section 146.153. Summary proceedings may be taken against persons about to leave the City.
154. Appeal to Magistrates.
155. Liability of buildings, lands, etc., for taxes.
- All sums due from any person in respect of taxes on any land or building shall, subject to prior payment of any land revenue in respect of it due to the Government, be a first charge upon the said land or building and upon any movable property found within or upon such land or building and belonging to the said person:Provided that no arrears of any such tax shall be recoverable from any occupier who is not the owner, if such arrears are for a period during which the occupier was not in occupation.156. Receipt to be given for all payments.
- For every sum paid on account of any tax under this Act a receipt shall be tendered by the person receiving these payments, stating the sum and the tax on account of which it has been paid.157. Writing off irrecoverable taxes.
- The Commissioner may, with the previous approval of the Standing Committee, order to be struck off the books any sum due on account of any tax or of the costs of recovering any tax, which may appear to him to be irrecoverable.158. Recovery of tolls and cess on imports.
159. Taxation not to be questioned except under this Act.
Part V – Public Health, Safety and Convenience
Chapter XIII
Public Convenience
160. Cleaning drains.
- For the purpose of flushing and cleansing drains the Commissioner may construct or set up such reservoirs, sluices, engines and other works as he may from time to time deem necessary.161. Places for emptying of drains and disposal of sewage.
- The Commissioner may subject to any orders of the Government cause all or any municipal drains to empty into any place, whether within or without the limits of the Corporation, and may dispose of the sewage at any place, whether within or without the limits of the Corporation, and in any manner which he may deem suitable:Provided that the State Government may prohibit the Commissioner from causing any municipal drains to empty into any place or from disposing any sewage at any place or in any manner, which it considers unsuitable.162. Provision of means for disposal of sewage.
- For the purpose of receiving, storing, disinfecting, treating, purifying, distributing, or otherwise disposing of sewage the Commissioner may-163. Alteration and discontinuance of drains.
- The Commissioner may enlarge, arch over or otherwise improve any municipal drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary:Provided that if, by reason of anything done under this section, any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be, provide for his use some other drain as effectual as the drain which has been discontinued, closed up or destroyed.Drains and Privies164. Latrines and urinals.
- The Corporation shall provide latrines and urinals for the use of the public.165. Provision of drains, privies, etc.
166. Repair and closing of drains, privies, latrines, urinals, etc.
167. Power of Commissioner to demolish drains, etc.
- The Commissioner may, by notice, require any person who may construct any new drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or receptacle for filth or refuse without his permission in writing or contrary to his directions or the provisions of this Act or the rules or byelaws made thereunder or who may construct, rebuild or open any drain, privy, latrine, urinal, absorption pit, disposal work cesspool or receptacle for filth or refuse which the Commissioner has ordered to be demolished for stopped or not to be made, to demolish the drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or receptacle, or to make such alteration therein as he may think fit.168. Unauthorized building over drains etc.
- The Commissioner may, by notice, require any person who without his permission in writing may newly erect or rebuild any building over any drain, conduit, water-course, pumping main, or water pipe vested in the Corporation to pull down or otherwise deal with the same as the Commissioner may think fit.169. Removal of latrine, etc., near any source of water-supply.
170. Discharging sewage.
- Whoever, without the permission of the Commissioner causes or knowingly or negligently allows the contents of any sink, cesspool or any other offensive matter to flow, drain or be put upon any street or public place, or into any irrigation channel or any drain not set apart for the purpose, shall be punished with fine which may extend to two thousand rupees.171. Making or altering drains without authority.
- Whoever, without the permission of the Commissioner, makes or causes to be made, or alters or causes to be altered, any drain, leading into any of the drains vested in the Corporation, shall be punished with fine which may extend to two thousand rupees.172. Power to require removal of nuisance arising from tanks and the like.
- The Commissioner may, by notice, require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off any private well, tank, reservoir, pool, depression or excavation therein which may appear to the Commissioner to be injurious to health or offensive to the neighbourhood:Provided that if for the purpose of effecting any drainage under this section it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person, the Corporation shall provide such land or pay such compensation.173. New buildings not to be erected without drains.
- It shall not be lawful to erect or re-erect any building, any part of which is within fifteen metres of a municipal drain or of some place set apart by the Commissioner for the discharge of drainage or to occupy any such building newly erected or re-erected unless and until-174. Sewage and rain-water drains to be distinct.
- Whenever it is provided in this Act that steps shall or may be taken for the effectual drainage of any premises, the Commissioner may require that there shall be one drain for offensive matter and sewage and another drain for rain-water and unpolluted sub-soil water, each employing into separate municipal drains or other places set apart by the Commissioner for the discharge of drainage, or into other suitable places.175. Rights of owners and occupiers of premises to carry drains through land belonging to other persons.
176. Obligation of owner of drain to allow use of or joint ownership therein to others.
- Every owner of a drain connected with a municipal drain or other place set apart by the Commissioner for drainage shall be bound to allow the use of it to other persons, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 178.177. How right of use or joint ownership of a drain may be obtained by a person other than the owner.
- Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner may make a private arrangement with the owner for permission to use his drain, or may apply to the Commissioner for authority to use such drain or to be declared an joint owner thereof.178. Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint owner thereof.
179. Power of Commissioner to drain premises in combination.
180. Connecting drains to be constructed at the expenses of the owners of premises.
181. Affixing of pipes for ventilation of drains.
182. Right of Corporation to drains constructed at charge of Municipal fund.
- All drains and fittings thereof including ventilating, shafts and pipes constructed or set up at the cost of the municipal fund shall vest in the Corporation.Chapter XIV
Conservancy
183. Deposit of rubbish, offensive matter, sewage and carcasses.
184. Collection and removal of sewage.
- The Commissioner may give public notice that the collection and removal of sewage, offensive matter and rubbish from the land and buildings in any portion of the city will be undertaken by municipal agency, and he shall then forth-with take measures for the due collection and removal of such matter from any lands and buildings situated in the said portion of the City.185. Collection and temporary deposit of rubbish and offensive matter by occupiers of premises.
186. Prohibition of accumulations of offensive matter.
- No person -Chapter XV
Sanitary Provisions, Regulations of Public Bathing, Washing etc.
187. Construction of places for public bathing etc.
- The Commissioner may from time to time-188. Prohibition of corruption of water by steeping therein animal or other matter.
- No person shall-189.
Chapter XVI
Water Supply
190. General powers for supplying the city with water.
- For the purpose of providing a supply of water proper and sufficient for public and private purposes, the Commissioner may, either within or without the City-191. Supply of water.
192. Making connection with municipal water-works.
- Where an application under section 191 has been received, all necessary communication-pipes and fittings shall be supplied by the Commissioner and the work of laying and applying such communication-pipes and fittings shall be executed by municipal agency under the Commissioner's orders: but the cost of making any such connection and of all communication-pipes and fittings so supplied and all work so executed, shall be paid by the owner or the person making such application. The Commissioner shall provide a meter and charge rent for the same.193. Obligation of owner or occupier to give notice of waste of water.
- Any owner or occupier of any land or building in or on which water supplied under this Act is misused from negligence or other circumstances under his control or in which the pipes, mains or other works are out of repair to such an extent as to cause waste of water shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the Commissioner may appoint in this behalf.194. Responsibility for damage caused by leakage of water.
- Neither the owner nor occupier of any land or building in which pipes, mains or other works are situated, nor the Corporation shall be liable to pay compensation to any person for any damage caused by any leakage of water or any failure to keep in repair such pipes, mains or other works, unless the owner or occupier or the Corporation has knowledge thereof and has failed to take reasonable prompt action to report the same to the prescribed officer or to stop the leakage or to execute the required repairs as the case may be.195. Cutting off of water-supply to premises.
- If any person whose premises are supplied with water neglects to pay any sum payable, under section 191 when due, or to give notice as provided in section 193 or wilfully or negligently misuses or causes waste of water, the Commissioner may cut off the supply of water to the said premises.196. Presumption as to correctness of meter.
- Whenever water is supplied under this Chapter through a meter, it shall be presumed, that the quantity indicated by the meter has been consumed, until the contrary is proved.197. Injuring water-works, misappropriating water and tampering with meters.
- No person shall-198. Misuse of and leaving open valves and tampering with valves and hydrants.
- No persons shall-199. Prohibition of erection of any building which would injure sources of water-supply.
- Except with the permission of the Corporation, no person shall-200. Prohibition of bathing in or polluting water.
- Except as provided hereinafter, no person shall-Chapter XVII
General Provisions with Reference to Drainage, Water-Supply and Water and Other Mains
201. Occupier of premises to be primarily liable for certain offences against the Act.
- If an offence against any provision of Chapters XIII, XIV, XV or XVI or against any rule or bye-law made under the provisions of this Act relating to water-supply has been committed on any premises to which a private supply of water is furnished by the Corporation, it may be presumed, until the contrary is proved, that such offence has been committed by the occupier of the said premises.202. Least practicable nuisance to be causes.
203. Power of carrying wires, pipes, drains etc.
- Subject to the provisions of any law for the time being in force, the Commissioner may carry any cable, wire, pipe, drain or channel of any kind required for the establishment or maintenance of any system of drainage, water-supply or lighting through, across, under or over any street or any place laid out as or intended for a street, and also after giving reasonable notice in writing to the owner or occupier, through, across, under, over or along side any land or building whatsoever within or without the City, and may place and maintain in any immovable property in the City or without the City any posts, poles, standards, brackets or other contrivances for supporting cables, wires, pipes, channels and lights and may do all acts necessary or expedient for repairing, and maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it intended to be used or for removing the same.204. Provision as to wires, pipes or drains laid or carried above surface or ground.
- In the event of any cable, wire, pipe, drain, sewer, or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.205. Previous notice to be given.
- Except in cases to which sections 328, 329 and 330 relate the Commissioner shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing any operations under section 203.206. Connection with main not to be made without permission of Commissioner.
207. Power of Commissioner to require the owner to make provision for drainage.
- Where any premises have no drain communicating with a public sewer, or a drain communicating with the public sewer, but insufficient for the effectual drainage of the premises, or a drain not adapted to the general sewerage system of the city, or a drain which is in the opinion of the Commissioner, otherwise objectionable, the Commissioner may, by notice, require the owner of the premises to make satisfactory provision for the drainage of the premises or to do such other work within such time as may, in the opinion of the Commissioner, be necessary for remedying the cause of complaint.208. Power to establish meters and the like.
- The Commissioner may establish meters or other appliances for the purpose of testing the quantity or quality of electricity supplied to the premises of any person or for the use of any person or business.209. Communications and connection, etc., to be executed subject to inspection by and to the satisfaction of Commissioner.
- The ferrules, communication-pipes, connections, meters, stand-pipes and all fittings thereon or connected therewith, leading from mains or services cable, wires, pipes, drains, or channels onto any house or land and the wires, pipes, fittings and works inside any such house or within the limits of any-such land, shall in all cases, other than cases which the State Government may by general or special order exempt from the operation of this section, be executed to the satisfaction of the Commissioner.210. Power of Commissioner to fix scale of charges.
- Subject to the provisions of any law for the time being in force the Commissioner may, from time to time, fix the scales of charges which the Corporation may make for establishing communications from and connections with sewer mains or with any drainage system, provided for by the Corporation or the State Government and may levy such charges from the owner or occupier as the circumstances may require provided however, in cases of any charges being recovered from the owner or occupier, such charges in connection with the drainage system provided by the State Government shall be reimbursed to the State Government.211. Troughs and pipes for rain-water.
212. Control by Corporation and the Standing Committee.
- In dealing with municipal drainage, sewage and waterworks schemes the Commissioner shall follow the general principles laid down by the Corporation, with the approval of the State Government, for any schemes of sewage or drainage or water-works and may refer to the Standing Committee any question connected with the carrying out of such schemes in which the intention of the Corporation does not appear to him to have been clearly expressed, or in which the provisions of the scheme appear to him to require modification. The Standing Committee shall in its discretion either decide the question or refer the matter for the orders of the Corporation:Provided that any question involving the expenditure of a sum, exceeding one lakh of rupees shall be referred to the Corporation for orders.213. Buildings not to be erected without permission over drains or water or air mains.
214. Control by the State Government.
- No drainage or sewage or water-works scheme involving an expenditure of a sum of five lakhs of rupees or more shall be sanctioned by the Corporation without the previous approval of the State Government.215. Power of access to municipal water-works.
- Any municipal sewage or drainage schemes or any municipal water-works may be inspected by a person appointed by the State Government in this behalf and the Commissioner or any such person may at all reasonable times-216. Compensation for damage.
- If in exercise of any of the powers conferred by section 203 or 215 any damage or inconvenience is caused, which in the circumstances could reasonably have been avoided, the Corporation or the Government shall pay compensations according to the damage or inconvenience is caused by the Corporation or by a person appointed by the Government.Chapter XVIII
Public Health and Safety Regulation of Factories and Trades
217. Factories not to be established, etc., without permission of Commissioner.
- No person shall-218. Sanitary regulating of factories, etc.
219. Regulation of dangerous and offensive trade.
- Except in accordance with the provision of this act, no person shall-220. Premises not to be used for certain purpose without a licence.
221. Prohibition of corruption of water by chemical, etc.
222. Inspection of premises used for manufactures, etc.
223. Prohibition of cinematographs and dramatic performances except in licensed premises.
Chapter XIX
Market and Slaughter Place
224. Power of Corporation to permit opening of new private markets.
225. Private markets not to be kept open without licence.
226. Selling animals, meat, etc., outside a market without a licence.
227. Power of Corporation to regulate the manufacture, preparation and sale of food and drink.
- The Corporation may, and if required by the State Government shall, by bye-laws-228. Places for slaughter of animals for sale.
229. Disposal of dead animals.
Chapter XX
Food, Drink, Drug and Dangerous Articles
230. Prohibition of sale of diseased animals or unwholesome articles intended for human consumption.
- No person shall sell, expose or hawk or keep for sale any animal intended for human consumption which is diseased, and no person shall sell, store for sale, expose or hawk for sale or manufacture any food, drink or drug intended for human consumption or medical treatment which is unsound, unwholesome, adulterated, unfit or prohibited for human consumption.231. Prohibition of adulterants in places where butter, ghee, etc., are manufactured or stored.
232. Prohibition of sale of certain articles which are not of the prescribed standard of purity.
- No person shall, directly or indirectly, sell, expose or hawk for sale, or manufacture or store for sale any drug or article of food or drink to which the State Government has by notification applied this section unless it fulfills the conditions specified in such notification.233. Substitutes.
- No person shall sell, or offer, expose, manufacture or store for sale, as being a specified drug or article of food or drink to which the State Government has by notification extended this section, article (hereinafter referred to as "substitute") which resembles or purports to be a notified drug or article but differs therefrom in nature, substance or quality.234. Prohibition of sale etc., of food or drink not of the nature, substance or quality of the article as represented.
235. Licence required for dealing in milk, etc.
- No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf-236. Provisions relating to prosecutions.
- In any prosecution under sections 230, 231, 232 and 233-237. Liability of warrantors.
- When any person has been discharged or acquitted of an offence on the grounds mentioned in clause (c) of section 236 and the warranty proves to be incorrect or misleading, the warrantor shall be liable to be prosecuted for such offence and the provisions of section 236 shall apply in a like manner as if he were himself the seller or storer, as the case may be.238. Inspection of place for sale of food or drink and seizure of unwholesome articles or utensils found therein.
239. Destruction of animals and articles seized under section 248.
240. Taking before magistrate of animals and articles seized under section 238.
241. Food, drink or drugs directed to be destroyed deemed to be the property of the Corporation.
- Any animal, food, drink or drug in respect of which any authority exercising powers under this Chapter passes an order of destruction or disposal so that it cannot be used as food or medicine, shall thereupon be deemed to be the property of the Corporation.242. Application of provisions of this Chapter to other articles.
- The provisions of this Chapter shall, so far as they are applicable, apply to such other articles as the State Government may by notification in the Gazette declare to be dangerous for human use.Chapter XXI
On Restraint of Infection
243. Information to be given of existence of dangerous disease.
- Whoever-244. Powers of Medical Officer of Health to inspect places and take measures to prevent spread of dangerous diseases.
- The Medical Officer of Health, or any other municipal officer authorised by him in this behalf, may, at any time by day or by night, without notice, or after giving such notice of his intention as may, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reported or suspected to exist, and take such measures as he may think fit to prevent the spread of the disease beyond such place.245. Prohibition of use for drinking or for other domestic purposes of water likely to cause dangerous disease.
246. Power of Medical Officer of Health to remove patient to hospital in certain cases.
247. Power of Medical Officer of Health to disinfect building, tank, pool or well.
248. Power of Medical Officer of Health to destroy huts and sheds.
249. Infected building not to be let without being first disinfected.
- No person shall let a building or any part of a building in which he knows or has reason to know that a person has been suffering from a dangerous disease,-250. Provision of places for disinfection, washing or destruction or infected articles and power of Commissioner to disinfect or destroy such articles.
251. Infected articles not to be transmitted, etc., without previous disinfection.
252. Restrictions on carriage of patient or dead body in public conveyance.
253. Disinfection of public conveyance after carriage of patient or dead body.
254. Power of Corporation to take special measures on outbreak of dangerous disease or infections epizootic disease.
- In the event City being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infectious epizootic disease breaking out or being likely to be introduced into the City, the Corporation, if it considers that the other provisions of this Act, or the provisions of any other enactment for the time being in force are insufficient for the purpose, may, with the sanction of the State Government-Part VI – Lands, Buildings and Streets
Chapter XXII
Town Planning
255. Town Planning.
Chapter XXIII
Building Control
256. Prohibition of erection or re-erection of buildings, without permission.
257. Notice of buildings.
258. Commissioner to refuse erection or re-erection of buildings.
259. Grounds on which site of proposed building may be disapproved.
- The Commissioner may on all or any of the following grounds may refuse to approve the site on which an applicant proposes to erect, or re-erect any building:-260. Grounds on which permission to erect or re-erect buildings may be refused.
261. Power of Commissioner to direct modification of a sanctioned plan of a building before its completion.
- If at any time before the completion of a building, of which the erection has been sanctioned under Section 258, the Commissioner finds that any modification of the sanctioned plan is necessary, the Commissioner may, subject to compensation for any loss to which the owner may be put, direct that the building may be modified accordingly.262. Lapse of sanction after one year from the date of such sanction.
- Every sanction for the erection or re-erection of any building shall remain in force for one year only from the date of such sanction or for such longer period as the Commissioner may have allowed when conveying sanction under section 256. If the erection or re-erection of the building is not commenced within one year and not completed within two years or such longer period as may have been allowed by the Commissioner the sanction shall be deemed to have been lapsed; but such lapse shall not bar any subsequent application for fresh sanction under forgoing provisions of this Act.263. Completion certificate and permission to occupy or re-use.
264. Power of Commissioner to stop progress of building work unlawfully commenced or carried on.
265. Power of Commissioner to direct removal of person from buildings in which works are being unlawfully carried on or which are unlawfully occupied.
266. Erection and use of temporary buildings to be approved by Commissioner.
267. Power to regulate line of buildings.
268. Compensation.
269. Power to require removal or alteration of work not in conformity with bye-laws or any scheme or any other requirement.
270. Bar on jurisdiction.
- Save as otherwise expressly provided in this Act or rules made thereunder, no Civil Court shall have jurisdiction to settle, decide or otherwise deal with any question which is by or under this Chapter is required to be settled, decided or dealt with by the Corporation or the Commissioner.Chapter XXIV
Dangerous and Insanitary Buildings
271. Provisions regarding buildings unfit for human habitation.
272. Removal of building in dangerous state.
273. Abandoned or unoccupied premises.
- If it appears to the Commissioner that any building or structure has been abandoned or is unoccupied and has become a resort of disorderly persons or is by reason of its condition seriously detrimental to the amenities of the neighbourhood, the Commissioner may give a written notice to the owner of such building or structure if he is known and found to be a resident within the limits of the Corporation, or to any person who is known or believed to claim to be the owner, if such person is resident within the limits of the Corporation, and/or shall also affix a copy of the notice on some conspicuous part of the building or structure requiring all persons having any right or interest therein to take such order with the said building or structure as may, in the opinion of the Commissioner, be necessary to prevent the same from being resorted as aforesaid, or from being seriously detrimental to the amenities of the neighbourhood.274. Reclamation of low-lying sites.
275. Power to prohibit re-erection of building on inaccessible sites.
276. Removal of building materials from any premises in certain cases.
- If it appears to the Commissioner that any stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises in such quantity or bulk or in such a way as to constitute a harbourage or breeding place for rats or other vermin or is otherwise a source of danger or nuisance or likely to spread any infectious diseases, virus or any infection to the occupiers of the said premises or to persons residing in the neighbourhood thereof or generally in the area surrounding thereof, the Commissioner may by a written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same as may, in the opinion of the Commissioner, be necessary or expedient to abate the nuisance or prevent a recurrence thereof.277. Power of Commissioner to call for statement of accommodation.
278. Cleaning and disinfecting of buildings.
279. "Building" to include part of a building for purposes of this Chapter.
- For the purposes of this Chapter the expression "building" includes a part of a building.Chapter XXV
Streets
Public Streets280. Closing of public streets.
281. Laying railway, skybus or electrical telephone poles.
282. Prohibition of projections upon streets.
283. Procedure to be followed by Commissioner on conviction of a person under section 421.
284. Restriction on powers of municipal authorities in relation to street.
285. Footings of buildings not to establish title to land belonging to Government or vesting in Corporation.
- No title to any land belonging to or vested in the Government or the Corporation shall be deemed to have been acquired by reason only that the footing of the foundations of any building, wall or other structure, project or have projected below the surface of such land.286. Prohibition of obstruction in streets.
- No person shall, except with the permission of the Commissioner and in accordance with such conditions including the payment of rent as he may impose either generally or specially in that behalf, place or deposit upon any street or drain, well or channel therein, any stall, chair, bench, box, ladder, bale, tray, goods or other things and the Commissioner may without giving notice remove any such stall, chair, bench, box, ladder, bale, tray, goods or other thing or may in lieu of such removal collect such rent for the use of the land as he may impose.287. Streets not to be opened or broken up and building materials not to be deposited therein without permission.
288. Ground floor doors, etc., not to open outwards on streets.
- If any door, gate, bar or window on the ground floor of any premises opens outwards upon a street or upon any land required for the improvement of a street in such a manner as, in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street, the Commissioner may at any time by a written notice require the owner of the said premises to have the said door, gate, bar or window altered so as not to open outwards.289. Powers to require removal of old projections.
290. Commissioner may call for further particulars.
291. Level of new street to be determined by Commissioner.
- The level, direction, width, and means of drainage of every new street and the height and means of drainage of the buildings to be erected on each side thereof shall be fixed and determined by the Commissioner.292. New streets not to be made and buildings on either side thereof not to be erected except in accordance with the direction of Commissioner.
293. Levelling, metalling, parking, etc., on streets.
294. Power to declare streets when metalled, etc., public streets.
295. Power to construct or maintain public bridges.
- The Commissioner, when authorized by the Corporation in this behalf, may agree,-Chapter XXVI
General Provisions as to Streets and Public Nuisance
296. Power to require protection of streets during cutting down of trees, erection demolition of building, etc.
297. Power to attach brackets for lamps.
- The Commissioner may attach brackets for lamps to the outside of any building but in such manner as not to occasion any injury to the building or inconvenience to persons using it or passing by it.298. Destroying direction-posts, lamp-posts, etc.
- Whoever, without being authorised by the Commissioner, defaces or disturbs any municipal direction-post, lamp-post or lamp or damages any municipal light in any public place, shall be punishable with fine which may extend to five hundred rupees.299. Bill-sticking without permission.
300. Indecent or obscene pictures or printed or written matter.
301. Naming of streets and numbering of houses.
302. Inflammable materials.
- The Commissioner may where it appears to him to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stacking or collecting timber, wood, dry grass, straw or other inflammable material, or placing mats or thatched huts or lighting fires in any place or within any limits specified in the notice.303. Roofs and external walls not to be made of inflammable materials.
- The Commissioner may by general or special order, direct that no roofs and external walls of huts or other buildings shall, within the specified limits be made of grass, mats, leaves, or other inflammable material, or repaired or renewed with the same, unless his permission in writing has been obtained.304. Picketing animals or collecting carts.
305. Driving vehicles without proper lights.
- Whoever drives or propels any vehicle not properly supplied with lights in any street during the period from half an hour after sunset to half an hour before sunrise shall be punishable with fine which may extend to five hundred rupees.306. Beating drums, etc.
307. Discharging fire-arms.
- Whoever, unless authorized, bound or justified discharges fire-arms or lets off fire-works, fire balloons, or detonators, or engages in any game in such a manner as to cause, or be likely to cause danger to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with fine which may extend to one thousand rupees.308. Quarrying, blasting, cutting timber or building.
- Whoever quarries, blasts, cuts timber or carries on building operations in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood, shall be punishable with fine which may extend to one thousand rupees.309. Lopping of branches, etc. of tree or plant on a public place.
- Whoever, without the permission of the Commissioner, lops or cuts the branches or twigs of any tree or plant standing on a public place, or plucks the fruits, flowers or leaves of such tree or plant, or causes any damage thereto, shall be punishable with fine which may extend to one thousand rupees, or in the case of a second or subsequent breach, to two thousand rupees.Part VII – Chapter XXVII
Co-operation of Police310. Co-operation of Police.
311. Powers of police to arrest offenders.
312. Power of the Superintendent to arrest a person on requisition from Commissioner.
- On a written requisition from the Commissioner, the concerned Superintendent of Police shall order arrest of any person who obstructs any Corporation Officer or servant engaged in the discharge of any duty imposed by this Act or by any rule or bye-laws made thereunder.313. Police protection at fairs, etc.
- When special police protection is, in the opinion of the State Government, necessary on the occasion of any fair, agricultural show or industrial exhibition managed by the Corporation, or for the purpose of guarding houses evacuated through plague or other epidemic, the State Government may provide such protection, and the Corporation shall pay the charges thereof or such part of them as the State Government considers equitable.Chapter XXVIII
Prevention and Extinction of Fires
314. Requisition of fire brigade and arrangements for the prevention and extinction of fire.
315. Power of fire brigade and other persons for suppression of fire.
316. Precautionary measures for places of public entertainment.
- The Commissioner may, by notice, require the manager or proprietor of any place of public entertainment to make such provision as he may direct for the prevention and extinction of fire, and for the easy exit of the audience in case of fire.Chapter XXIX
Dangerous Animals
317. Disposal of mad and stray dogs and other animals.
318. Allowing dogs to be at large.
- Whoever, being the owner or person in charge of any dog, allows it to be at large in any street without a muzzle-319. Letting loose horse or other animals.
- Whoever willfully or negligently lets loose any horse or other animal so as to cause, or negligently allows any horse or other animal to cause injury, danger, alarm or annoyance to any person or damage to property, shall be punishable with fine which may extend to five thousand rupees.Chapter XXX
Beggars
320. Soliciting alms.
321. Importing beggar.
- Whenever the Commissioner receives information that any person within the limits of the City lives wholly or in part on the proceeds of the begging of others, he may, in writing inform a Magistrate, who shall deal with such person as if the information received about him was of the description mentioned in section 109 of the Code of Criminal Procedure, 1973, and for the purposes of any proceedings under this section the fact that a person lives as aforesaid may be proved by evidence of general repute or otherwise.Part VIII – Chapter XXXI
ProcedureLicences and Written Permissions322. Licences and written permissions.
323. Proof of consent, etc., of municipal authorities or municipal officers.
- Whenever under this Act or any rule or bye-law made thereunder, the doing or the omitting to do any thing or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion, or satisfaction of -324. Signature on notices, etc., may be stamped.
325. Service of notice, etc. how to be effected on owner or occupier of premises.
- When any notice, bill, schedule, summons or other document is required by this Act or any rule or bye-law made thereunder to be served upon or issued or presented to any person as owner or occupier of any land or building, in so far as it concerns that land or building, the service, or issue or presentation thereof shall be effected either-326. Service of notice, etc. how to be effected on any person otherwise than as owner or occupier of premises.
- When any notice, bill, schedule, summons or other document is required by this Act or by any rule or bye-law made thereunder to be served upon or issued or presented to any person, otherwise than as owner or occupier of any land or building, such service, issue or presentation shall be effected-327. The two preceding sections inapplicable to Magistrate's summonses.
- Nothing in the two preceding sections shall apply to any summons issued under this Act by a Magistrate.Powers of Entry and Inspection328. Power of entry on premises for purposes of Inspection, survey or execution of necessary work.
329. Power of entry on lands adjacent to works.
330. Right of entry into and inspection of premises licensed for any purpose.
- The Commissioner, or any Corporation officer authorised by him in that behalf, may at any time by day or night and without notice, enter into or upon any place or premises used or intended to be used for any purpose for which any licence or permission is required by or under this Act or any rule or bye-law or any condition of any licence or permission granted or required under this Act or any rule or bye-law made thereunder is being contravened, and whether any nuisance is being created in or upon such place or premises.331. Prohibition of obstructing entry.
- No person shall, in any way, obstruct any municipal officer duly authorised in that behalf in making any entry under sections 328, 329 or 330, or any other municipal officer or any other persons accompanying him at his request or acting under his orders for the purpose of such entry.Enforcement of Orders to execute Works, etc.332. Execution of works which any person is required to execute by Commissioner at such person's cost.
333. Power of Commissioner to accept agreement for payment of expenses in instalments.
334. Execution of work by occupier in default of owner and deduction of expenses from rent.
- Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act, or under any rule or bye-law made thereunder, the occupier (if any) of such land or building may, with the previous approval of the Commissioner, execute the said work and shall be entitled to recover from the owner the reasonable expenses incurred by him in so doing and may, without prejudice to any other right of recovery, deduct the amount thereof from the rent payable by him to the owner.335. Limitation of liability of agent or trustee or owner.
- No person who receives the rent of any land or building as an agent or trustee only shall be liable to do anything which by this Act or any rule or bye-law made thereunder is required to be done by an owner, if he proves to the satisfaction of the Commissioner that he has not in his hands funds belonging or payable to the owner sufficient for the purpose:Provided that nothing in this section shall be deemed to prevent the Commissioner from carrying out the necessary works and recovering the expenses so incurred from the actual owner.Payment of Compensation336. General power of Commissioner to pay compensation.
- In any case not otherwise expressly provided for in this Act, or in any rule or bye-law made thereunder, the Commissioner may, with the previous approval of the Standing Committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or by any such rule or bye-law, in the Commissioner, or in any municipal officer or servant.337. Compensation to owner for value of immovable property deteriorated.
338. Principle on which and manner in which compensation should be determined.
339. Procedure on complaint of injury.
340. Compensation to be paid by offenders against this Act for any damage caused by them.
341. Reference by Commissioner to the District Court, North Goa at Panaji.
342. Application to District Court.
- Where the Corporation or any municipal officer or servant or any other person is required by this Act or by any rule or bye-law made thereunder to pay any expenses or any compensation, the amount to be paid and, if necessary, the apportionment of the same, shall in case of dispute, be determined by the District Court, North Goa at Panaji, on application being made to him for this purpose at any time within six months from the date when such expenses or compensation first become claimable.This section shall not apply to any case which is otherwise provided for in the Land Acquisition Act, 1894.343. Recovery of sums ascertained under section 337 to be due.
- If the amount of any expenses, or compensation determined in accordance with section 337, is not paid on demand by the person liable to pay the same, it shall be recoverable as if the same were due under the decree of the Court of a District Judge.344. Saving of right to claim damages for injury.
- Nothing in this Act shall affect the right of any person who may suffer injury or whose property may be injuriously affected by reason of any act done in exercise of any power conferred by sections 160, 161, 162, 163, 181, 183, 184 and 254 to recover damages.Recovery of Certain Dues345. Recovery of certain dues by distress and sale.
- In any case not expressly provided for in this Act or in any rule or by-law made thereunder, any sum due to the Corporation on account of any charge, cost or costs, expenses, fees, rates or rent or any other account under this Act or under any such rule or bye-law, shall be recoverable by distress and sale of the movable property of the person from whom such sum is due, in the manner provided by Chapter XII.346. If the defaulter is the owner of premises in respect of which expenses are payable the occupier may also be liable for payment thereof.
- If the default referred to in the last preceding section is in connection with a building or a land and the defaulter is the owner thereof, the sum due may be demanded from any person who at the time when the said expenses were incurred occupied the same building or land under or from the said owner. In the event of the occupier failing to pay the sum due, it may be recovered by distress and sale of the goods and chattels of the said person as if the amount thereof were a property tax due by him:Provided that. -347. Decision of the District Court.
- Notwithstanding anything to the contrary in any other law for the time being in force, the District Court, North Goa at Panaji, shall exercise all the powers and jurisdiction expressly conferred on or vested in it by the provisions of this Act; and unless it is otherwise expressly provided by this Act, its decision shall be subject to revision by the High Court.348. Procedure in inquiries before Civil Courts.
349. Fees in proceedings before Civil Courts.
350. Limitation of Time.
- Where no time is prescribed by this Act for the presentation of an application or appeal, such application or appeal shall be presented, subject to the provisions of section 5 of the Indian Limitation Act, 1963, within thirty days after the date of the order on respect of or against which the application or appeal is made:Provided that if the application is an application for revision to the High Court, the period of limitation shall be ninety days.Proceedings before Magistrates351. Procedure in prosecution.
352. Power of Magistrate to hear the case in absence of accused.
- If any person summoned to appear before a Magistrate to answer a charge of an offence under this Act or against any rule or bye-law made thereunder fails to appear at the time and place mentioned in the summons, the Magistrate may, if -353. Limitation of time for prosecution.
- No Magistrate shall take cognizance of any offence under this Act or under any rule or bye-law made thereunder unless complaint of such offence is made-354. Power of Commissioner to institute legal proceedings and obtain legal advice.
- The Commissioner may on behalf of the Corporation,-355. Notice, limitation and tender of amends in suit against Corporation, etc.
356. Bar to grant of injunctions.
- Save as otherwise expressly provided, no injunction shall be granted by any Civil Court to interfere with the public duties of the Corporation, the Standing Committee or the Commissioner.357. Indemnity for acts done in good faith.
- No suit shall be maintainable against the Corporation or the Standing Committee, or any protected Corporation officer or servant, or any person acting under or in accordance with the direction of the Corporation or Standing Committee or any Corporation officer or servant, or of a Magistrate, in respect of anything in good faith done or intended to be done under this Act or under any rule or bye-law made thereunder.Appeals358. Order passed under this Act and the rules thereunder.
359. Appeals and revisions.
- Save as otherwise expressly provided, every final order passed by the District Court, North Goa at Panaji, or a Magistrate in exercise of original jurisdiction under the provisions of this Act shall be subject to appeal, and every final order passed by such Judge or Magistrate in exercise of appellate jurisdiction shall be subject to revision at the instance of either party, by the Court to which appeals or, as the case may be, revision from the Court which gave such decision, ordinarily lie.Chapter XXXII
Supplemental Provisions
360. Power of State Government to include certain areas within the limits of the City.
361. Effect of Inclusion.
362. Exclusion of specified areas from the operation of certain provisions.
363. Power of authority to require any one or more of a number of things to be done.
- Where a power is expressed as being conferred on any authority to require a person to do a number of things, that authority may from time to time in its discretion require that person to do any one or more of those things.364. Determination of owner or occupier where there are gradations of owners or occupiers.
- Whenever any right is conferred or duty imposed by or under this Act, or by any rule or bye-law made thereunder, on the owner or occupier of any premises, and, in consequence of there being gradations of owners or occupiers, doubt arises as to who is the owner or owners or occupiers, entitled to exercise such right or bound to perform such duty, the Commissioner may, after due inquiry determine from time to time which of such owners or occupiers shall be deemed to be so entitled or bound:Provided that if the name of any one of such owners or occupiers has been entered in the assessment list in pursuance of any decision given by the Commissioner, such owner or occupier shall be deemed to be so entitled or bound until his name is duly removed from the said assessment list.365. Councillors and Municipal Officers, etc., to be deemed public servants.
- Every officer or servant in the employment of the Corporation whether for the whole or part of his time, and every Councillor of the Corporation shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 and for the purposes of the Prevention of Corruption Act.366. Prohibition of obstruction to municipal contractors.
- No person shall obstruct or molest any person with whom the Commissioner has entered into a contract, in the performance or execution of his duty, or of anything which he is empowered or required to do by virtue or in consequence of this Act or any rule or bye-law made thereunder.367. Prohibition of removal of mark.
- No person shall remove any mark set up for the purpose of indicating any level, measurement or direction necessary to the execution of works authorised by this Act or by any rule or bye-law made thereunder.Construction of References368. Construction of references.
- In every enactment or instrument in force at the commencement of this Act, unless a different intention appears,-369. Informalities and errors in assessments, notices, bills, etc., not to be deemed to invalidate such assessment, etc.
370. Disputes between Corporation and local authorities.
- If any dispute arises between the Corporation and any local authority as regards anything done or to be done under this Act, it shall be referred to the State Government for decision, and such decision may include an order as to the costs of any enquiry ordered by the State Government, and shall be final:Provided that it shall be competent to the Corporation and the local authority to agree in writing that any such dispute shall, instead of being referred to the State Government for decision, be referred to the decision of an arbitrator or arbitrators appointed under the Arbitration and Conciliation Act, 1996, or to a Civil Court under section 90 of the Code of Civil Procedure, 1908.371. Disputes between State Government and Corporation.
Part IX – Chapter XXXIII
Control372. Power of State Government to require returns, etc.
- The State Government may require the Commissioner to furnish it with-373. Power of State Government to depute officers to make inspection or examination and report.
374. Power of State Government to require municipal authority to take action.
- If the Commissioner fails within such period as may have been fixed by the State Government to furnish a document called for under section 372, or if on receipt of any document furnished under section 372 or of any report submitted under section 373, or of any information which appears to the State Government to require action under this section, the State Government is of opinion that-375. Procedure by the State Government when Municipal authority fails to take action.
376. Power to demand punishment or dismissal.
- Notwithstanding anything contained in this Act, if in the opinion of the State Government any officer or servant of the Corporation is negligent in the discharge of his duties, the Corporation shall, on the requirement of the State Government, suspend, fine or otherwise punish him, and if in the opinion of the State Government he is unfit for his employment, the Corporation shall dismiss him.377. Power to prevent extravagant establishment.
- If, in the opinion of the State Government, the number of persons employed by the Corporation as officers or servants, or whom the Corporation may propose to employ as such, or the remuneration assigned by the Corporation to those persons or any of them, is excessive, the Corporation shall, on the requirement of the State Government, reduce the number of those persons or the remuneration as the case may be.378. Power of State Government to suspend any resolution or order.
379. Power of Government to supersede Corporation in case of incompetency or default or excess or abuse of powers.
380. Consequences of dissolution.
381. Reconstitution of Corporation.
382. Control of the State Government.
383. Enforcement of orders.
- In all matters connected with this Act, if the Corporation makes default in carrying out any order made by the State Government or by any authority other than the Corporation in exercise of any powers conferred by this Act or any rule made thereunder, the State Government shall have all the powers necessary for the enforcement of such order including by appointing, an officer of the State Government to discharge any functions, powers or duties of any of the authorities at the cost of the Corporation.384. Certain officials entitled to attend meetings of Corporation or Standing Committee.
- Any officer of the Educational, Public Works, Medical, Sanitary and other Technical Departments or any other official, functionary or authority, whom the State Government may by general or special order appoint in this behalf, shall be entitled to attend any meeting of the Corporation or Standing Committee and address it on any matter affecting the work of his department or in matters connected with the Corporation but shall not be entitled, by means of this section to vote at such meeting.385. Rules for inspection of institution and works of Corporation.
- The State Government may make rules under this Act authorizing inspection by servant of the Government or institutions and works which are under the management and control of the Corporation and regulating such inspection, and until appropriate provisions are made in this behalf, issue general or special orders for the purpose of carrying out the provisions of this section as well as other provisions of this Act.Part X – Chapter XXXIV
Bye-laws386. Bye-laws.
- The Corporation may, and if so required by the State Government shall, make bye-laws 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,-387. Penalties for breach of bye-laws.
388. Conditions precedent to the making of bye-laws.
- The power to make byelaws under this Act is subject to the condition of the bye-laws being made after previous publication, and to the following further conditions, namely. -389. Bye-laws to be subject to sanction of State Government.
390. Publication of bye-laws and rules in Gazette and effect of such publication.
- All bye-laws and rules made and sanctioned under this Act or bye-laws cancelled under sub-section (3) of section 389 shall be published in the Gazette and shall thereupon have effect as if enacted in this Act.391. Power of State Government to make rules.
Part XI – Chapter XXXV
Punishment of Offences392. Certain offences punishable with fine.
| Section sub-section or clause | Subject | Maximum Fine Which may be Imposed | Daily fine which may be imposed when the offenceis a continuing one |
| (1) | (2) | (3) | (4) |
| Section 175 | New buildings not to be erected without drains | Twenty-five thousand rupees | Five hundred rupees |
| Section 175, sub-section (1) | Owner of land to allow others to carry drains through the land | Five hundred rupees | do |
| Section 176 | Owner of drain to allow use thereof or joint ownership,therein to others | do | Five hundred rupees |
| Section 178 | Resistance to order of the Commissioner regarding use of jointownership of a drain | do | do |
| Section 179 | Resistance to Commissioner draining premises in combination | do | do |
| Section 180 | Resistance to the Commissioner constructing drains or failureto maintain and keep in repair portion of a drain vesting in anowner | do | do |
| Section 181 | Resistance to the Commissioner affixing shafts or pipes forventilation of drains | do | do |
| Section 217 | Establishment, etc., of factory, etc., without permission ofthe Commissioner | Twenty-five thousand rupees | do |
| Section 219 | Storing dangerous or offensive articles or carrying ondangerous or offensive trades | Ten thousand rupees | do |
| Section 225, sub-section (1) | open a private market without permission | Five thousand rupees | Two hundred and fifty rupees |
| Section 225, sub-section (2) | Establishment, removal, reopening, re-establishment orenlarging of private market without permission | Ten thousand rupees | One thousand rupees |
| Section 226 | Selling animals, meat, etc., outside market without a licence | One thousand rupees | One hundred rupees |
| Section 228 sub-section (3) | Slaughter of animals without permission outside municipalslaughter-houses | do | |
| Section 230 | Sale of diseased or unwholesome animal or article intended forhuman food | Ten thousand rupees for first offence and twentythousand rupees for any subsequent offence | One hundred rupees |
| Section 231 | Keeping adulterants in place where butter, ghee, etc., aremanufactured | One thousand rupees | - |
| Section 232 | Sale, etc., of notified article which is not of prescribedstandard of purity | Ten thousand rupees for first offence and twentythousand rupees for any subsequent offence | - |
| Section 233 | Sale, etc. of substitutes | One thousand rupees for first offence and fivethousand rupees for any subsequent offence | - |
| Section 238 sub-section (3) | Removing, interfering or tampering with animal, food, drink,drugs, etc. seized and left in custody. | Two thousand rupees | - |
| Section 243 | Failure to give information of existence of dangerous disease | Five hundred rupees | - |
| Section 255 | Erection or re-erection of a building in contravention of atown-planning scheme | One lakh rupees | One thousand rupees |
| Section 256 | Prohibition of erection or re-erection of buildings withoutpermission of the commissioner | Ten thousand rupees | One thousand rupees |
| Section 263, sub-section (1) | Notice to be given to the commissioner of completion ofbuilding | One thousand rupees | - |
| Section 263, sub-section (4) | Prohibition of occupation of new or re-erected buildingwithout permission of the commissioner | One thousand rupees | - |
| Section 271, sub-section (3) | Entering into or remaining in a building which has beendeclared unfit for human habitation | Five thousand rupees | - |
| Section 272, sub-section (1) | Requisition to remove or repair buildings in ruinous ordangerous out state | Ten thousand rupees | Five hundred rupees |
| Section 272, sub-section (3) | Entering into or remaining in a ruinous or dangerous buildingfrom which occupants have been removed. | Ten thousand rupees | Five hundred rupees |
| Section 275, sub-section (3) | Erection or re-erection of building on inaccessible sites | Ten thousand rupees | One thousand rupees |
| Section 281, sub-section (1) | Laying a tramway or railway on a public street | Ten thousand rupees | One thousand rupees |
| Section 282, sub-section (1) | Prohibition of projections upon streets etc. | Ten thousand rupees | Fifty rupees |
| Section 282, sub-section (1) | Requisition to remove the same | Two thousand rupees | Fifty rupees |
| Section 288 | Requisition to alter ground floor doors, etc., opening onroads, or streets, etc. | Five hundred rupees | |
| Section 289 | Requisition to remove projections upon streets, etc. | Two thousand rupees | One hundred rupees |
| Section 292, sub-section (1) | Laying out of private street otherwise than in accordance withthe permission of the Commissioner | Ten thousand rupees | One thousand rupees |
| Section 300 | Regulation of posters depicting scenes from film etc. | One thousand rupees | One hundred rupees |