State of Madhya Pradesh - Act
The M.P. Municipal Corporation Act, 1956
MADHYA PRADESH
India
India
The M.P. Municipal Corporation Act, 1956
Act 23 of 1956
- Published on 25 October 1956
- Commenced on 25 October 1956
- [This is the version of this document from 27 January 2023.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by THE MADHYA PRADESH NAGARPALIK VIDHI (CHATURTH SANSHODHAN) ADHINIYAM, 2022 (Act 6 of 2023) on 27 January 2023]
1. Short title, extent and commencement.
2. Repeal of Enactment.
3. Transfer of liabilities.
- On the application of this Act to any city under sub-section (3) of Section 1-4. Provisional Appointment of Commissioner.
- The 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 on the Commissioner until that officer is appointed under Section 54.5. Definitions.
- In this Act, unless there is anything repugnant in the subject or context ;-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 this Act shall be-7. [ Constitution of Municipal Corporation. [Substituted by M.P. Act No. 16 o1 1994.]
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 [and bye-laws] [Inserted by M.P. Act No. 13 of 1961.] made thereunder, to transfer any property held by itself and to contract and do all other things necessary for the purpose of this Act.9. [ Composition of Municipal Corporation. [Substituted by M.P. Act No. 18 of 1997.]
10. [ Determination of number and extent of wards and conduct of elections. [Substituted by M.P. Act No. 16 of 1994.]
11. [ Reservation of seats. [Substituted by M.P. Act No. 16 of 1994.]
11A. [ Reservation of the office of the Mayor. [Inserted by M.P. Act No. 18 of 1997.]
12. [ Qualification of voters and their registration. [Substituted by M.P. Act No. 11 of 1978.]
- Subject to the qualifications of Sections 13 and 14 every person who-13. Disqualification fur voters.
- Sub-sections (1) and (1-a), [(1) A person shall be disqualified for registration in the electoral roll if he-(a)is not citizen of India; or(b)is of unsound mind and stands so declared by a competent Court; or(c)is convicted of an offence under the Protection of Civil Rights Act. 1955 (No. 22 of 1955), unless a period of five years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or(d)is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election.(1-a) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included :Provided that the name of any person struck off the electoral roll by reason of a disqualification under clause (d) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force removed under any law authorising such removal.] [Substituted for sub-section (1) by M.P. Act No. 11 of 1978.]14. [ Preparation of electoral rolls and conduct of elections. [Substituted by M.P. Act No. 12 of 1995.]
14A. [ Account of Election expenses. [Inserted by M.P. Act No. 18 of 1997.]
14B. Lodging of account of Election expenses.
- Every contesting candidate at an election of Mayor shall, within thirty days from the date of election of the returned candidate lodge with the officer notified by the State Election Commission an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under Section 14-A.14C. Disqualification for failure to lodge account of election expenses.
- If the State Election Commission is satisfied that a person-14D. [ Removal or Reduction of period of disqualification. [Inserted by M.P. Act No. 29 of 2003.]
- The State Election Commission, on making an application within thirty days from the date of publication of the order, passed under clause (b) of Section 14-C, in the Official Gazette may for reasons to be recorded in writing remove any disqualification or reduce the period of any such disqualification.]15. [ Eligibility for voting. [Substituted by M.P. Act No. 18 of 1997.]
- Every person registered as a voter in the Municipal Electoral Roll, for the time being in operation of a ward, and no person who is not so registered, shall be eligible to vote at any election of the Councillors or Mayor :Provided that no person shall vote more than once in any election of the Councillors or any election of the Mayor, as the case may be].16. [ Qualification for election as Mayor or Councillor. [Substituted by M.P. Act No. 18 of 1997.]
17. General disqualification for becoming a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.].
17A. [ Power to disqualify Ex-Mayor, [Speaker] [Inserted by M.P. Act No. 59 of 1976.] etc.
17B. [ Oath or affirmation by the Mayor and the Councillor. [Inserted by M.P. Act No. 29 of 2003.]
18. [ Election of Speaker. [Substituted by M.P Act No. 18 of 1997.]
18A. [ Powers and functions of the Speaker. [Inserted by M.P. Act No. 29 of 2003.]
19. Removal of Councillors.
19A. [ Automatic vacation of all offices on ceasing to be Councillor. [Inserted by M.P. Act No. 18 of 1997.]
- A person who ceases to be the Councillor shall automatically vacate all the offices in the Corporation which he holds by virtue of his being a Councillor.]19B. [ Removal of Mayor or Speaker or Chairman of a Committee. [Inserted by M.P. Act No. 18 of 1997.]
19C. [ Resignation of Mayor. [Inserted by M.P. Act No. 18 of 1997.]
20. [ Duration of the Municipal Corporation. [Substituted by M.P. Act No. 16 of 1994.]
21. [ Filling of casual vacancies. [Substituted by M.P. Act No. 18 of 1997.]
22. [ Notification of election of [Mayor and Councillor] [Substituted by M.P. Act No. 16 of 1994.]
- Every election of a [Mayor and Councillor] [Substituted by M.P. Act No. 18 of 1997.] shall be notified by the State Election Commission in the Official Gazette.]23. [ Resignation of Speaker & Councillors. [Substituted by M.P. Act No. 18 of 1997.]
23A. [ No confidence motion against Speaker. [Inserted by M.P. Act No. 18 of 1997.]
24. [ Recalling of Mayor. [Substituted by M.P. Act No. 11 of 1999.]
25. [ Powers and functions of the Mayor. [Substituted by M.P. Act No. 18 of 1997.]
25A. [ Duties of the Councillors. [Inserted by M.P. Act No. 29 of 2003.]
- Subject to the provisions of the Act, every Councillor shall have the following duties :-25B. [] [Renumbered by M.P. Act No. 29 of 2003.] [Honorarium] [Substituted by M.P. Act No. 29 of 2003, for the word 'remuneration'.] and [allowances to Mayor, Speaker and Councillors. [Substituted by M.P. Act No. 18 of 1997.]
- The Mayor, Speaker and the Councillors shall be entitled to receive such [honorarium] or allowances or both, as the State Government may prescribe].26. Procedure in case of non-payment of Corporation dues by Councillors and Office bearers of Corporation.
Chapter III
Conduct Of BusinessTransaction of business by the Corporation27. [ Meeting of the Corporation and Committees. [Substituted by M.P. Act 18 of 1997.]
- The Corporation shall meet at least once in every two months and every Committee shall meet at least once in every month for the transaction of its business].28.
[x x x] [Omitted by M.P. Act No. 12 of 1995.]29. Convening of meetings.
30. [ Power of Speaker and Mayor to call special meeting. [Substituted by M.P. Act No. 18 of 1997.]
- The Speaker or in the event of his being incapable of acting by the Mayor, may, whenever he thinks fit, call a special meeting and shall be bound to do so within two weeks of the receipt of written requisition signed by the not less than one third of the total number of elected Councillors :Provided that if on receipt of requisition the special meeting is not convened within the stipulated time by the Speaker or the Mayor, as the case may be, the Municipal Commissioner shall convene such meeting under intimation to the State Government].31. Adjournments.
- Any meeting of the Corporation may, with the consent of a majority of the [elected] [Inserted by M.P. Act No. 16 of 1994.] councillors present, be adjourned from time to time, to a later hour on the same day or to any other date; but no business other than 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.32. Public to be admitted to the meeting of Corporation.
- The meeting of the Corporation shall ordinarily be open to the public :Provided that the presiding authority may either suo motu or on the suggestion of any member exclude the public from a meeting temporarily or otherwise :Provided further that the presiding authority may at any time cause any person who interrupts the proceedings to be removed.33. [ Chairman of meeting. [Substituted by M.P. Act No. 18 of 1997.]
34. Quorum.
35. Disability of Councillors for voting etc.
36. Reservation of order.
37. [ Constitution of Mayor-in-Council. [Substituted by M.P. Act No. 20 of 1998.]
45. Power [Mayo-in-Council] [Substituted by M.P. Act No. 20 of 1998.] to appoint sub-committees.
- The [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] may appoint one or more sub-committees from amongst its members, which shall consist of such number of members as it may fix and may refer to it any matter pending before it for enquiry and report or opinion.[x x x] [Omitted by M.P. Act No. 18 of 1997.]46. [ Advisory Committees. [Substituted by M.P. Act No. 20 of 1998.]
47. Reference by Mayor.
48. Election of Special Committees for consultative purposes.
- The Corporation may also appoint from lime to time and for such period as it may think lit, special committees, consisting 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 purpose of this Act.48A. [ Constitution and composition of Ward Committees. [Inserted by M.P. Act No. 16 of 1994.]
48B. [ Constitution and composition of Mohalla Committees. [Inserted by M.P. Act No. 12 of 2000.]
- In every Municipal area which is notified by the State Government in this behalf, the Mohalla Committees shall be constituted within three months from the date of notification.49. Quorum of the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] or any other Committee.
- The quorum for the meeting of the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] or any other Committee appointed under Section 46 or 48 shall be one-half of total of its members.50. [ Decision on questions by majority of votes. [Substituted by M.P. Act No. 18 of 1997.]
- Except as otherwise provided by or under this Act all questions brought before any meeting held under this Act shall be decided by majority of the votes of the Mayor and elected councillors present and in the case of an equality of votes the presiding authority of the meeting shall have a second or casting vote :Provided that in the case of equality of votes in the election of the Speaker, or the Chairman of any Committee, the presiding authority shall not exercise his casting vote, and the result shall be decided by lot].50A. [ Removal of Member of the Committee. [Inserted by M.P Act No 18 of 1997.]
- The Corporation may remove any member of a Committee by a majority of atleast two thirds of the elected Councillors, on the recommendation of such Committee, and may elect a new member in its place, in accordance with the provisions of this Act.]51. 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, [Speaker] [Substituted by M.P. Act No. 18 of 1997.], presiding authority, any councillor or member thereof, or any detect or irregularity in any such act or proceeding not affecting the merits of the case.52. Proceeding of meeting to be deemed to be good and valid.
- Until the contrary is proved-53. [ Minutes of the meeting. [[Substituted by M.P. Act No 29 of 2003, Prior to substitution Section 53 reacts as under :-
'53. Minutes Book.-(1) Minutes recording the proceedings at every meeting of the Corporation and of any of its Committees and the names of the members present thereat shall be entered in the Minute Book in Hindi, written in devnagri script and confirmed at the same or the next ensuing meeting.Chapter IV
Municipal Officers And Servants
The Commissioner54. Appointment and removal of Commissioner.
55. Power of Commissioner.
- The Commissioner shall be the principal executive officer of the Corporation and all other officers and servants of the Corporation except the servants and officers of the Corporation office shall be subordinate to him. He shall have the right to speak at, and otherwise lake part in any meeting of the Corporation or any Committee thereof, but shall not be entitled to vote or to move any proposition.56. Salary of Commissioner.
57. Grant of leave of absence to Commissioner.
58. [ Appointment and conditions of service of Corporation Officers and servants. [Substituted by M.P Act No. 12 of 1995.]
59. Municipal Officer or servant not to be interested in any contract with Corporation.
60. Discharge and infliction of penalties.
61. Extraordinary pension 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-62. Reinstatement or re-employment of a convicted officer or servant and payment of salary and allowances to such officers or servant.
- Any Municipal Officer or servant who has been sentenced by a criminal Court to imprisonment for an offence punishable with imprisonment for a term exceeding six months and involving moral turpitude shall, if such sentence is not set-aside or reversed in appeal or revision and if such officer or servant shall not have been dismissed, [cease] [Substituted by M.P. Act No. 13 of 1961.] to be a Municipal Officer or servant on such conviction and the Corporation shall not reinstate or re-employ any such officer or servant without the previous sanction of the Government.63. Liability to vacate Municipal Premises.
64. Essential officers and servants.
- No essential officer or servant shall-65. Power of Government to declare emergency.
- If the Government is of opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of the services essential to the life of the community in the city, it may, by notification in the Gazette, declare that an emergency exists in the city and that in consequence thereof no member of such of tire essential services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force, or any agreement-Chapter V
Powers, Duties and Functions of the Municipal AuthoritiesObligatory and discretionary ditties of the Corporation66. Matters to be provided fur by Corporation.
67. 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 may in its discretion provide from time to time either wholly or partly for all or any of the following matters, namely :-68. Entrustment of certain functions by State Government to Corporation.
69. Functions of several municipal authorities.
70. Corporation may call for proceedings, etc. from Committee.
- The Corporation may at any time call for any extract from any proceeding of any committee and for a return, statement, account or a report concerning or connected with any matter with which any such Committee is empowered by this Act to be; and every such requisition shall he complied with by such committee without unreasonable delay.71. Corporation may require Commissioner to produce documents.
72. 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 duly imposed by or under this Act which is likely to involve expenditure shall, except in any case specified in the proviso to Section 94 be subject to the following conditions, namely :-73. [ Contracts by or on behalf of the Corporation. [Substituted by M.P. Act No. 29 of 2003.]
Chapter VI
Municipal Property and Liabilities76. Transfer to Corporation of property of municipality.
- All property movable and immovable and all interest of whatsoever nature or kind therein, vested in the Municipality of a City to which the provisions of this Act are applied [x x x] [Omitted by M.P. Act No. 12 of 1995.] with all rights of whatsoever description used, enjoyed, or possessed by the said municipality shall on such application vest in the Corporation of the city constituted under this Act.77. Property of public institutions managed by municipal authorities to be held in trust.
78. Acquisition of immovable property or easement by agreement.
79. Procedure when immovable property or easement cannot be acquired by agreement.
79A. [ Decision of claims to property by or against Corporation. [Inserted by M.P. Act No. 13 of 1961.]
80. Provisions governing the disposal of municipal property or property vesting in or under the management of Corporation.
- [(1) No streets, lands, public places, drains or irrigation channels shall be sold, leased or otherwise alienated, save in accordance with such rules, as may be made in this behalf.] [Substituted by M.P. Act No. 16 of 1994.]81. Power of Corporation to enforce covenant against owner for the time being of land.
- A covenant concerning any immovable property for the purposes of this Act entered into with the Corporation by the owner of such property or by any person to whom such property of the Corporation has been transferred by sale or exchange shall be enforceable by the Corporation against any person deriving title under the covenant or notwithstanding that the Corporation is not in possession of or interested in any immovable property tor the benefit of which the covenant was entered into, in like manner and to the like extent as it has been possessed of or interested in such property.81A. [ Management of Nazul lands. [Inserted by M.P. Act No. 13 of 1961.]
82. Property vested in Corporation.
- [(1)] [Renumbered as sub-section (1) by M.P. Act No. 29 of 2003.] Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the city, shall vest in and be under the control of the Corporation, and with all other property which has already vested, or may hereinafter vest in the Corporation shall be held and applied by it for the purposes of this Act, namely :(a)all public gates, markets, slaughter-houses, manure and night-soil deposits and public buildings of every description which have been constructed or maintained out of the municipal fund;(b)all public streams, rivers, springs, and works for the supply, storage and distribution of water for public purposes and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any public tank or well;(c)all public sewers and drains, and all sewers, drains, culverts and watercourses in or under any public street or constructed by or tor the Corporation along side any public street, and all works, materials and things appertaining thereto;(d)all dust, dirt, dugs, ashes, refuse, animal matter, or filth or rubbish of any kind, or dead bodies, of animals, collected by the Corporation from the streets, houses, privies, sewers, cesspools or elsewhere or deposited in places fixed by the Corporation;(e)all public lands, lamp-posts and apparatus connected therewith or appertaining thereof;(f)all land or other property transferred to the Corporation by the Government or acquired by gift, purchase or otherwise for local public purposes;(g)all public streets, not being land owned by the Government and the pavements, stone and other material thereof and also trees growing on, and erections, materials, implements and things provided for such streets;(h)all open lands which are neither the property of any person nor of the Government.83. Record of immovable property.
- [(1)] [Renumbered as sub-section (1) by M.P. Act No. 29 of 2003.] The Corporation shall maintain a register and a map of all immovable properly of which it is the proprietor or which vests in it otherwise or which it holds in trust for the Government.83A. [ Custody and destruction of the record. [Inserted by M.P. Act No. 29 of 2003.]
- The State Government may prescribe the manner in which the record of the Corporation shall be maintained and kept in custody and also the manner and the procedure subject to which record shall be destroyed.]84. Resumption by Government.
- The 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 building or works subsequently erected or executed thereon by the Corporation :Provided that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer.85. Management of public institutions.
Chapter VII
The Municipal Fund
86. Municipal fund to be sole and to be held in trust.
- There shall be one Municipal Fund and it shall be held by the Corporation in trust for the purposes of this Act, subject to the provision therein contained.87. Credit of moneys to municipal fund.
88. Application from Municipal Fund.
- All the moneys from lime to time credited 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 Section 3.Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in Sections 66 and 67 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-89. Constitution of Special Funds.
- The Corporation may constitute such special funds as are prescribed by [bye-laws] [Substituted by M.P. Act No. 13 of 1961.] and such other funds as may be necessary for the purposes of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed by [bye-laws] [Substituted by M.P. Act No. 13 of 1961.],90. Receipts and disposal of payments on account of the Municipal Fund.
- All moneys payable to the credit of the Municipal Fund shall be received by the Commissioner and shall be forthwith deposited with the Municipal treasury. The Municipal Commissioner shall deposit with the Government treasury or any scheduled or Co-operative Bank in the State any surplus funds with the Municipal treasury which may not be required for the current charges.91. Drafts on the Municipal Fund.
92. Deposit of portion of Municipal Fond outside the city.
- Notwithstanding anything contained in Section 90 or 91, the Commissioner, with the previous approval of the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] may, from time to time remit any portion of the municipal fund to a bank or other agency approved by the Government and carrying on business at any place beyond the city at which it may be desirable for the Corporation to have funds in deposit; and any money payable to the credit of or chargeable against the municipal fund which may, in the opinion of the Commissioner, be most conveniently paid into or out of the account of the Corporation at am such bank or agency may be so paid.93. Investment of surplus money.
- Surplus money at the credit of the municipal fund, which cannot immediately or at an early dale be applied to the purposes of this Act or of any loan raised thereunder, may from time to lime be deposited in any bank or co-operative society approved by the Government or may be invested in public securities.Chapter VIII
Budget Estimate94. 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 99 or 100 :Provided that the following items shall be excepted from this prohibition, namely :-95. Municipal Fund where to be expended.
- Expenditure by the Corporation out of the municipal fund shall, save as otherwise provided by this Act, be made within the city only, but may, by a resolution of the Corporation, supported by not less than half the total number of [elected Councillors] [Substituted by M.P. Act No. 12 of 1995.] be made outside the city for any of the purposes of this Act.96. Expenditure under certain of these exceptions to be reported by Commissioner to [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.].
- Whenever any sum is expended by the Commissioner under clause (d), (e) or (g) of the proviso to Section 94. he shall forthwith communicate the circumstances to the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] which shall take such action under Section 99 or recommend to the Corporation to take such action under Section 100 as shall, in the circumstances, appear lawful and expedient for covering the amount of the additional expenditure.97. Estimates of income and expenditure to be prepared annually by Commissioner.
98. Final adoption of budget estimates.
- The Corporation may on or before the 15th day of February, after considering the [Mayor-in-Council's] [Substituted by M.P. Act No. 20 of 1998.] proposals in this behalf, refer the budget estimates back to the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] for further consideration or adopt the budget estimates or any revised budget estimates submitted to it, either as they stand or subject to such alterations [as it deems expedient and shall submit copies of the budget as adopted by it to the Government for information] [Substituted by M.P. Act No. 13 of 1961.]:Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in sub-clauses (i) and (iii) of clause (a) of sub-section (1) of Section 97 :Provided further that if the budget estimates are not finally adopted by the Corporation on or before the 31st day of March, the estimates recommended by the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] shall be deemed to be the budget estimates finally adopted by the Corporation, until the estimates are so adopted :[Provided also that if in the opinion of the State Government the conditions of indebtedness of any Corporation is such that it is desirable to have control of the Government over its budget; the Government may direct that the budget of such Corporation shall be subject to the sanction of the Government and the power to vary or alter budget grants under Sections 99 and 100 shall be subject to such conditions as may be prescribed by rules.] [Inserted by M.P. Act 13 of 1961.]99. Power of [Mayor-in-Council] [Substituted by M.P Act No. 20 of 1998.] to reduce or transfer budget grants.
100. 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 sub-clause (iii) of clause (a) of sub-section (1) of Section 97.101. Power of Corporation to re-adjust income and expenditure during the year.
Chapter IX
Loans
102. Power of Corporation to borrow money.
103. Power of Corporation to open credit or cash accounts with a bank.
104. Limit of borrowing power.
- Notwithstanding anything hereinbefore contained, the borrowing powers of the Corporation shall be limited so that the sums payable under this Act shall not at any time exceed together with the balances of all the outstanding loans and debts due by Corporation in the whole, double the annual value of lands and buildings in the city as defined in Section 138.105. Form, exchange, transfer and effect of debentures.
106. Signature of coupons attached to debentures.
- All coupons attached to the debentures issued under this Act shall hear the signatures of the Chairman of the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] and the Commissioner on behalf of the Corporation; and such signatures may be engraved, lithographed or impressed by any mechanical process.107. Debentures issued to two or more persons jointly.
- Notwithstanding anything contained in Section 45 of the Indian Contract Act.108. Issue of duplicate securities.
109. Renewal of debenture.
- A person claiming to he entitled to a debenture issued under this Act may, on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner, obtain a renewed debenture payable to the person applying.110. Liability in respect of debentures renewed.
111. Discharge in certain cases.
- When the duplicate debenture has been issued under Section 108, or when a renewed debenture has been issued under Section 109 or when the principal sum due on a debenture in respect of which an order has been made under Section 108, for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued or in respect of which such payment has been made, as the case may be :-112. Indemnity.
- Notwithstanding anything contained in section 109, the Commissioner may in any case arising thereunder :-113. Repayment of loans.
- Every loan raised by the Corporation under Section 102, shall he repaid within the time approved under proviso (iii) to sub-section (1) of the said section and by such of the following methods as may be approved, namely :-114. Establishment and maintenance of sinking funds for such loans.
- Whenever the repayment of a loan from sinking fund has been sanctioned under proviso (iii) to sub-section (1) of Section 102 the Corporation shall establish such fund and shall pay into it on such dates as may have been approved under the said proviso, such sum as will with accumulation of compound interest, be sufficient, after payment of all expenses, to pay off the loan at the time approved :Power to discontinue payment into the sinking fund. - Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that if allowed to accumulate at compound interest it will be sufficient to repay the loan at the time approved, then with the permission of the Government, further payment into such fund may be discontinued.115. Power of Corporation to consolidate loans.
116. Investment of sinking fund.
117. Power of Corporation to invest in its own debentures.
118. Application of sinking fund.
- Until any loan is wholly repaid, the Corporation shall not apply the sinking fund established in respect,of that loan to any purpose other than the repayment of that loan :Provided that when any loan or part thereof, is consolidated under Section 115, the Corporation shall transfer to the sinking fund established for such consolidated loan, the sum standing to the credit of the sinking fund of the original loan, or if part only of a loan is consolidated, then such part of the sum standing to the credit of sinking fund of the original loan as is proportionate to the amount of the original loan which is incorporated in the consolidated loan.119. Provisions of loans raised by the municipality of the city.
- In the case of all loans raised by the municipality before the provisions of this Act are made applicable to a city, the following provisions shall apply :-120. Annual examination of sinking funds.
121. Attachment of municipal fund in default of repayment of loan.
122. Attachment of municipal fund for securing payments.
- If the Corporation fails to make any payment as required by sub-section (2) of Section 120, the Government may attach the Municipal Fund or any part thereof, and the provisions of sub-section (2) of Section 121 shall, with all necessary modifications, be deemed to apply.123. Annual statement to be prepared by Commissioner.
124. [ Application of law relating to loans by local authorities. [Substituted by M.P. Act No. 13 of 1961.]
- The provisions of the law relating to loans by local authorities in force in the region in which the Corporation is situate shall apply to all loans borrowed by such Corporation so far as the said provisions are not inconsistent with the provisions of this Act.]Chapter X
Audit and Accounts125. [ Accounts of receipts and expenditure. [Substituted by M.P. Act No. 16 of 1994.]
- Accounts of receipts and expenditure of the Corporation shall be kept in such manner and in such form as may be prescribed by the State Government.]126. 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 Government, the accounts in such forms as the Government may from time to time direct.127. Annual administration report and statement of accounts by Corporation.
128. Monthly abstract of accounts.
129. Audit of municipal accounts.
- There shall be an auditor specially appointed by the Government to examine and audit accounts of the Corporation. The auditor shall from time to time examine and audit accounts in accordance with the arrangements approved by the Government in this behalf.130. Audit report.
130A. [ Social Audit. [Inserted by M.P. Act No. 29 of 2003.]
- Notwithstanding anything contained in this Act. the Corporation shall arrange for Social Audit in sUch maimer as may be prescribed by the State Government.]131. Municipal authorities to remedy defects and report to Government.
131A. [ Municipal Accounts Committee. [Inserted by M.P. Act No. 11 of 1999.]
132. [ Taxes to be imposed under this Act. [Substituted by M.P. Act No. 18 of 1997.]
133. [ Imposition of taxes and fees. [Substituted by M.P. Act No. 12 of 1995.]
133A. [ Power to impose additional stamp duty on transfer of immovable property. [Inserted by M.P Act No. 13 of 1961.]
133B. [ Power of State Government to require Corporation to impose taxes. [Inserted by M.P. Act No. 29 of 2003.]
- Whenever it appears to the State Government that the balance of Municipal Fund of any Corporation or its revenue is insufficient for the discharge of its duties or obligatory functions imposed upon it under the Act or for meeting the expenditure to be incurred under Section 418 or for the performance of any duties in respect of which it shall have been declared under Section 419 to have committed default, the State Government alter giving a notice of fifteen days to the corporation and to the local public in a prescribed manner may require the Corporation to impose within the Municipal area any tax which it is empowered to impose under Section 132 or to enhance any existing rate of tax in such manner or to such extent as the State Government considers fit, and the Corporation shall forthwith proceed to impose or enhance in accordance with the requisition such tax under the provisions of this Chapter, as if a resolution of the Corporation had been passed for the purpose under Section 133 :Provided that :-134. Recovery of Taxes.
- A Municipal tax may be recovered by one or more of the following processes or in accordance with the [bye-laws] [Substituted by M.P. Act No. 13 of 1961.] made for the purpose :135. [ Imposition of property tax. [Substituted by M.P. Act No. 18 of 1997.]
136. [ Exemptions. [Substituted by M.P. Act No. 50 of 1976.]
- The property tax levied under Section 135 shall not be leviable in respect of The following properties, namely :-137. Discount on property tax.
138. [ Annual letting value of land or building. [Substituted by M.P. Act No. 18 of 1997.]
139. 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.140. Treatment of property which is let to two or more persons in separate occupancies.
- When any building or land is let to two or more persons holding in severalty, the Assessing Authority may, for the purpose of assessing, or revising the assessment list or amending a current assessment list for such building or land to the property taxes, cither treat the whole thereof as one property, or with the written consent of the owner of such building or land, treat each several holding therein or any two or more of such several holdings together, or each floor or flat, as a separate property and a building or land so treated as a single property shall, for the purposes of property tax, be deemed to be a single tenement.141. [ Responsibility for payment of property tax. [Substituted by M.P. Act No. 50 of 1976.]
142. Employment for the purposes of assessment.
143. Assessment of annual value and duration of assessment.
- [(1) The annual value of any land or building situated within the city as determined under the Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964 (No. 14 of 1964) or the rules made thereunder, and in force for the purpose of that Act immediately before the 1st day of April, 1976 shall be deemed to be the annual value for the assessment of property lax on such land or building under this Act, until such time as the Commissioner makes a fresh valuation and determines annual value under this Act of the land and buildings therein and the annual value of such land or buildings shall remain unchanged for a period of one year and may be revised thereafter by the Commissioner at the termination of successive period of one year] [Substituted by M.P. Act No. 50 of 1976.].144. Returns for purposes of valuation.
145. Public notice and inspection of valuation.
146. Notice when valuation made for the 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 143 give special notice thereof, to the occupier of the same, and when the valuation is so increased, the said notice shall contain a statement of grounds of the increase.147. Notice of objection of valuation.
148. Investigation of objections by Commissioner.
149. Appeals to District Courts.
150. Valuation when to be final.
151. Keeping of municipal Assessment list.
152. Authentication of assessment list when all objections have been disposed of.
153. Power of Commissioner to amend assessment list.
154. Notice of increase of rent.
155. Notice to be given to Commissioner of demolition or removal of a building.
156. Failure to give notice of increase of rent.
- Whoever fails to give notice of an increase of rent required by sub-sections (1) and (2) of Section 154 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 consequence of such increase in respect of such building or land or any portion thereof of which he is the owner.157. Period for which revised valuation to continue in force.
- When the valuation of any land or building is revised in consequence of an objection made under Section 147 or an appeal is preferred under Section 149, 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 conditions as the original valuation.158. Payment of property tax how affected by objection to valuations.
- When an objection to a valuation has been made under Section 147 the property tax shall, pending the final determination of the objection, be paid on the previous valuation.159. 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 Appellate Authority, as the case may be, that appellant has paid any sum or sums of money in consequence of assessment which he ought not to have paid, the Commissioner or the Appellate Authority, as the case may be, shall direct the excess payment to be refunded to the appellant.Supplemental Provisions160. 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 such sum as may be prescribed by [bye-laws] [Substituted by M.P. Act No. 13 of 1961.] by the Corporation, and the Commissioner or a person authorised by him in this behalf shall, if required, certify the copy or extract in such manner as may be prescribed.161. Tax not invalid for defect of form.
162. Power of the Corporation in regard to taxes.
163. Power of the Government in regard to taxes.
163A. [ Creation of Infrastructure Development Fund. [Inserted by M.P. Act No. 27 of 2000.]
164.
[x x x] [Omitted by M.P. Act No. 50 of 1976.]165. Duty of furnishing true information regarding liability to municipal taxation.
166. 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 139 furnishes information which is untrue to his knowledge he shall be punishable with fine which may extend to [one thousand rupees] [Substituted by M.P. Act No. 29 of 2003 for the word 'one hundred rupees'.].167. Notice of transfer of title, when to be given.
- Whenever the title in any land or building or in any part or share of any land or building is transferred, the transferor and the transferee shall, within three months of the registration of the deed of transfer, or if it be not registered, within three months of the execution of the instrument of transfer, or, if no such instrument be executed, after the transfer is effected, give notice in writing of such transfer to the Commissioner.168. Power of entry for the purpose of valuation of taxation.
- The Commissioner may authorise 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-169. Power to examine article liable to toll or cess on imports.
- Every person bringing or receiving within the limits of the city any articles in respect of which a toll or cess on imports payable shall, when required by an officer or servant duly authorised by the Commissioner in this behalf and so far as may be necessary for ascertaining the amount of tax chargeable-170. Power to search where toll or cess on imports is leviable.
171. 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 article upon which payment of the toll or cess on imports due on such introduction has neither been made nor rendered, shall be punishable with fine which may extend either to ten times the value of such toll or cess or imports or to [one thousand rupees] [Substituted by M.P. Act No. 29 of 2003 for the words 'fifty rupees'.] whichever may be greater.172. Extension of taxation limits by agreement.
Chapter XII
Recovery of Corporation's Claims173. Presentation of bill for taxes and other demands.
174. If bill not paid within 15 days notice of demand to issue.
175. In what case warrant may issue.
176. Power of Corporation to remit certain fees.
- The Corporation may in its discretion remit the whole or any part of any fee chargeable under sub-section (2) of Section 174 or sub-section (3) of Section 175.177. Power of officer to break open door or window.
- The officer charged with the execution of a warrant of distress issued under Section 175 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-178. Warrant how to be executed.
- Any officer charged with the execution of a warrant of distress issued under Section 175 shall, if authorised by the warrant, distrain whenever 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 :-179. Sale of goods distrained in special cases.
180. Attachment of rent due.
181. 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 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 179 and to exercise the powers and perform the duties of the Commissioner under sub-sections (1) and (2) of Section 179 in respect of such sale except the power of suspending the warrant. Such person shall after deducting all costs of recovery in current 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 179.182. Fees and costs chargeable.
- The fees for every notice or warrant issued and for the maintenance of any livestock 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 175.183. Summary proceedings may be taken against persons about to leave the city.
184. Appeals.
185. 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.186. Receipt to be taken fur 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 lax on account of which it has been paid.187. Writing off irrecoverable taxes.
- The Commissioner may, with the previous approval of the [Corporation] [Substituted by M.P Act No. 12 of 2000.] 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.188. Recovery of toll and cess on imports.
189. Taxation not to be questioned except under this Act.
189A. [ Recovery of taxes by public auction or private contract. [Inserted by M.P. Act No. 16 of 1994.]
- Notwithstanding anything contained in this Act, the Corporation may, by public auction or private contract lease the recovery of any of the taxes and fees which may be imposed under this Act, subject to the condition and limitation, if any, prescribed by the State Government in this behalf.]Part-V Public Health, Safety and ConvenienceChapter XIII
Public Convenience
Municipal Drains190. Cleansing 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.191. Places for emptying of drains and disposal of sewage.
- The Commissioner may 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 Government may prohibit the Commissioner from causing any municipal drains to empty into any place or from disposing of any sewage at any place or in any manner, which it considers unsuitable.192. Provision of means for disposal of sewage.
- For the purpose of receiving, storage, disinfecting, treating, purifying, distributing or otherwise disposing of sewage the Commissioner may-193. Alteration and discontinuance of drains.
- The Commissioner may enlarge, arch over or otherwise improve any municipal drains 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, provided for his use some other drains as effectual as the drain which has been discointinued, closed up or destroyed.Drains and Privies194. Latrines and urinals.
- The Corporation shall provide latrines and urinals for the use of the public at such places as it may deem convenient and necessary.195. Provision of drains, privies etc.
- [(1) Where the Commissioner is of the opinion that:-(a)any drain, privy, latrine, urinal, absorption pit, disposal work, cess pools or other receptacle for filth or refuse may be moved or removed;(b)any privy or cess pool or addtional privies or cess pools should be provided in or on any building or land or that in any Municipal Corporation in which a water closet system has been introduced such water closets should be substituted for the existing privies in or on any building of land, or that additional water closet should be provided theirin or thereon; or(c)Pour-water Hush latrines or any other type of latrines should he substituted for the existing service latrines in any building or on land within the limits of Corporation,he may, by written notice call upon the owner or occupier of such building or land-(i)in cases falling under clause (a) to move or remove such drain, privy, latrine, urinal, absorption pit, disposal work, cess pools or other receptacle for filth or refuse;(ii)in cases falling under clause (b) to provide such privies, cess pools, or water closets;(iii)in cases falling under clause (c), to close service latrines and provide in their place, pour water Hush latrines or such other types of latrines, as may be specified in the notices, at such sites and within such period as may he specified in the notice or within such period as may be extended by the Commissioner by order in writing.]196. Repair and closing of drains, privies, latrines, urinals, etc.
197. Power of Commissioner to demolish drains, etc.
- The Commissioner may, by notice [may construct any new drain, privy, latrine, urinal, absorption pit,] [Substituted by M.P Act No. 13 of 1961.] disposal work, cesspool or receptacle for filth or refuse without his permission in writing or contrary to his directions of the provisions of this Act or the rules or bye-laws made thereunder or who may construct, rebuilt or open any drain, privy, latrine, urinal, absorption pit, work, cesspool or receptacle for filth or refuse which the Commissioner has ordered to be demolished or 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.198. Unauthorised 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.199. Removal of latrine, etc., near any source of water supply.
200. 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 [five hundred rupees] [Substituted by M.P. Act No. 29 of 2003, for the words 'twenty rupees'.].201. 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 [five hundred rupees] [Substituted by M.P Act No. 29 of 2003, for the words 'fifty rupees'.].202. Power to require removal of nuisance arising from tanks and the like.
- The Commissioner may, by notice, require the owner or occupier of the land or building to cleanse, repair, cover, fill up or drain off any private well, lank, 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.203. New building not to be erected without drains.
- It shall not be lawful to erect or re-erect any building, or premises any part of which is within one hundred feet 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-204. Sewage and rain water drains to be distinct.
- Wherever 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 emptying into separate municipal drains or other places set apart by the Commissioner for the discharge of drainage, or into other suitable places.205. Rights of owners and occupiers of premises to carry drains through lands belonging to other persons.
206. 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 208.207. 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 a joint owner thereof.208. Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint owner thereof.
209. Power of Commissioner to drain premises in combination.
210. Connecting drains to be constructed at the expenses of owners of premises.
211. Affixing of pipes for ventilation of drains.
212. Right of Corporation to drains constructed at charge of municipal fund.
- All drains and fittings thereof (including ventilation shafts and pipes) constructed or set up at the cost of the municipal fund all drains constructed at the cost of a private person on or under any municipal land shall vest in the Corporation.Chapter XIV
Conservancy213. Deposit of rubbish, offensive matter, sewage and carcasses.
214. Collection and removal of sewage.
- The Commissioner may give public notice that the collection and removal of sewage, offensive matter and rubbish from the lands and buildings in any part of the city will be undertaken by municipal agency, and he shall then forthwith take measures for the due collection and removal of such matter from any lands and buildings situated in the said part of the city.215. Collection and temporary deposit of rubbish and offensive matter by occupiers of premises.
216. Prohibition of accumulations of offensive matter.
- No person-Chapter XV
Sanitary ProvisionsRegulations of Public Bathing, Washing, etc.217. Construction of places for public bathing, etc.
- The Commissioner may from time to time-218. Prohibition of corruption of water by steeping therein animal or other matter.
- No person shall-219. Regulation of washing of clothes by washermen.
Chapter XVI
Water Supply220. 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-221. Supply of water.
222. Making connections with municipal water works.
- Where an application under Section 221 has been received all necessary communication pipes and fittings shall be supplied by the Commissioner and the work of laying and applying such communication and fitting 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 of 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.223. 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 work 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.224. 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 reasonably 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.225. Cutting off water supply to premises.
- If any person whose premises are supplied with water neglects to pay any sum payable under Section 221 when due, or to give notice as provided in Section 223 or wilfully or negligently misuses or causes waste of water the Commissioner may cut off the supply of water to the premises.226. 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.227. Injuring water works misappropriating water and tampering with meters.
- No person shall-228. Misuse of and leaving open valves and tampering with valves and hydrants.
- No person shall-229. Prohibition of erection of any building which would injure sources of water supply.
- Except with the permission of the Corporation, no person shall-230. 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
231. 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 rules or bye-laws made under the provisions of this Act made in this behalf, 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.232. Least practicable nuisance to be caused.
233. 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, brackets or other similar contrivance in an effective state for the purpose for which it is intended to be used or for removing the same.234. Provision as to wires, pipes or drains laid or carried about 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.235. Previous notice to be given.
- Except in cases to which Sections 372, 373 and 374 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 233.236. Connection with main not to be made without permission of Commissioner.
237. 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 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 provisions for the drainage of the premises or to do such other work within such time as may, in the opinion of Commissioner, be necessary for remedying the cause complaint or to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Commissioner thinks necessary and drain or drains emptying into such cesspool.238. 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.239. Communications and connections, etc., to be executed subject to inspection by and to the satisfaction of the Commissioner.
- The ferrules, communication pipes, connections, meters, standpipes and all fittings thereon or connected therewith, leadings from mains or service cables, wires, pipes, drains, or channels into 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, be executed to the satisfaction of the Commissioner.240. Power of Commissioner to fix scale of charges.
- Subject to the provisions of any law for the time being in force, the Commissioner may with the approval of the Mayor-in-Council, from time to time, fix the scales of charges which the Corporation may make for establishing communications from and connections with main or service cables or for installing wires and pipes for the supply of electricity or water or for use of meters or other appliances for testing the quality or quantity thereof and may levy such charges from the owner or occupier as the circumstances may require.241. Troughs and pipes for water and soilage.
242. Control by Corporation and the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.].
- In dealing with municipal drainage, sewage and water-works schemes, the Commissioner shall follow the general principles laid down by the Corporation, for any scheme of sewage or drainage or water-works and may refer to the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] any question connected with the carrying out of such a scheme 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 [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] 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.243. Buildings not to be erected without permission over drains or water or airmains.
243A. [ Control by Government. [Inserted by M.P. Act No. 13 of 1961.]
- No drainage, sewage or waterworks 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 Government.] [Substituted by M.P. Act No. 7 of 1988]244. Power of access to municipal water-works.
- Any municipal sewage or drainage scheme or any municipal water-works may he inspected by a person appointed by the Government in this behalf, and the Commissioner or any such person may at all reasonable times-245. Compensation of damage.
- If in the exercise of any of the powers conferred by Section 233 or 244 any damage or inconvenience is caused, which in the circumstances could reasonably have been avoided, the Corporation or the Government shall pay compensation according as the damage or inconvenience is caused by the Corporation or by a person appointed by the Government.Chapter XVIII
Public Health and SafetyRegulation of Factories and Trades246. Factories not to be established, etc. without permission of Commissioner.
- No person shall-247. Sanitary regulation of factories, etc.
- Whenever it appears to the Commissioner that any factory, workshop or workplace or any building or place in which mechanical power is employed is not kept in a cleanly stale, or is not ventilated in such a manner as to render as far as practicable harmless any gas, vapour, soot or other impurity generated in the course of work carried therein, or is so overcrowded during working hours as to be dangerous or injurious to the health of the persons employed therein, or that any machinery therein is so fixed or so insecurely fenced as to he dangerous to life or limb, the Commissioner may by written notice require the owner thereof to take such order [in respect thereof] [Inserted by M.P. Act No. 13 of 1961.] as the Commissioner shall think fit to order.248. Regulations of dangerous and offensive trades.
- Except in accordance with the provisions of this Act, no person shall-249. Premises not to be used for certain purposes without a licence.
250. Prohibition of corruption of water by chemicals, etc.
251. Inspection of premises used for manufactures, etc.
252. Prohibition of cinematographs and dramatic performance except in licensed premises.
Chapter XIX
Markets and Slaughter Places
253. Power of Corporation to permit opening of new private markets.
254. Private markets not to be kept open without a licence.
255. Selling animals, meat, etc. outside a market without a licence.
256. Power of Corporation to regulate the manufacture, preparation and sale of food and drinks.
- The Corporation may, and if required by the Government shall, by bye-law-257. Places for slaughter of animals for sale.
258. Disposal of dead animals.
Chapter XX
Food, Drink, Drug and Dangerous Articles259. 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 or unfit for human consumption.260. Prohibition of adulterants in places where butter, ghee, etc. are manufactured or stored.
261. Prohibition of sale of certain articles which are not of the prescribed standard of purety.
- 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 Government has by notification applied this section unless it fulfills the conditions specified in such notification.262. Substitutes.
- No person shall sell, or offer, expose, manufacture or store for sale, as being specified drug or article of food or drink to which the Government has by notification applied this section, any article hereinafter referred to as substitute which resembles or purports to be notified drug or article but differs therefrom in nature, substance or quality.263. Prohibition of sale, etc., food or drink not of the nature, substance or quality of the article as represented.
264. 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-265. Provisions relating to prosecution.
- -In any prosecution under Sections 259, 260, 261 and 262 :-266. Liability of warrantors.
- When any person has been discharged or acquitted of an offence on the grounds mentioned in clause (c) of Section 265 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 265 shall apply in a like manner as if he were himself the seller or storer, as the case may be.267. Inspection of place for sale of food or drink and seizure of unwholesome articles or utensils found therein.
268. Destruction of animals and articles seized under Section 267.
269. Taking before Magistrate of animals and articles seized under Section 267.
270. Food, drink, or drugs directed to be destroyed deemed to be the property of the Corporation.
- Any animal, food, drink, 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.271. 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 also as the Government may by notification in the Gazette declare to be dangerous for human use.[Chapter XXI [Inserted by M.P. Act No. 13 of 1961.] On Restraint of Infection272. Information to be given of existence of dangerous disease.
- Whoever-273. Power of Health Officer to inspect places and take measures to prevent spread of dangerous disease.
- The Health Officer or any other Municipal Officer authorised by him in this behalf, may, at any lime 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 suspended to exist, and take such measures as he may think fit to prevent the spread of the disease beyond such place.274. Prohibition of use for drinking or for other domestic purposes of water likely to cause dangerous disease.
275. Power of Health Officer to remove patient to hospital in certain cases.
276. Power of Health Officer to disinfect building, tank, pool or well.
277. Power of Health Officer to destroy huts and sheds.
278. Infected building nut to be let without being first disinfected.
- No person shall let a building or any part of a building in which lie knows or has reason to know that a person has been suffering from a dangerous disease-279. Provision of places for disinfection, washing or destruction of infected articles and power of Commissioner to disinfect or destroy such articles.
- (I) The Corporation shall provide a place or places with [all necessary apparatus and establishment for the disinfection] [Substituted by M.P. Act No. 13 of 1961.] of conveyances, clothing, bedding or other articles which have become infected, and when any articles have been brought to any such place for disinfection, shall cause them to be disinfected either-(a)free of charge; or(b)in its discretion, on payment of such fees as it may from time to time fix in this behalf.280. Infected articles not to be transmitted, etc., without previous disinfection.
281. Restriction of carriage of patient or dead body in public conveyance.
282. Disinfection of public conveyance after carriage of patient or dead body.
283. Power of Corporation to provide special conveyance for patient or dead body.
284. Destruction of huts or sheds when necessary.
- The Commissioner may on being satisfied that it is in the public interest so to do, by written order direct that any lodging-house or any place where articles of food and drink are sold or prepared, stored or exposed for sale being a lodging-house or place in which a case of a dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:Provided that such lodging-house or place may be declared to be open if the Health Officer certifies that it has been disinfected or is free from infection.285. Power of Corporation to take special measures on outbreak of dangerous disease or infectious epizootic disease.
- In the event of the city being at any time visited or threatened with tin outbreak of any dangerous disease, or in the event of any infectious epizootic disease breaking our or being likely to be introduced into the city, the Corporation, if it considers that the other provisions of this Act, or the provision of any other enactment for the time being in force are insufficient for the purpose, may, with the sanction of the Government-Chapter XXII
Disposal of the Dead286. Provision of new places for disposal of the dead.
- If the existing places for the disposal of the dead appear to the Corporation at any time to he insufficient, it shall provide further proper and convenient places for the purposes :Provided that except with the written permission of the Government, no place shall he so provided-287. Power of Government to direct the closing of any place for the disposal of the dead.
288. Power of Government to direct re-opening of place closed under Section 287 or other enactment.
289. Prohibition of certain acts without the permission of Commissioner.
290. Routes for removal of corpses.
Chapter XXIII
Town Planning
291. Town planning scheme.
292. Restriction on Corporation's power to undertake town planning scheme.
- Notwithstanding anything contained in Section 291, no town planning scheme shall be made by the Corporation for any area for which a scheme has been sanctioned under the provisions of Town Improvement Act.[Chapter XXIII-A] [Inserted by M.P. Act No 18 of 1997.] Colonization292A. Registration of [Coloniser or builder] [Substituted by M.P. Act No. 29 of 2003, for the word 'Colonizer'.].
- [(1) Any person who-(a)as a colonizer intends to undertake the establishment of a colony in the area of Municipal Corporation for the purpose of dividing the land into plots, with or without developing the area, transfers or agrees to transfer gradually or at a time, to person desirous of settling down on those plots by constructing residential or non-residential or composite accommodation; or(b)as a builder constructs or causes to be constructed on any land in a municipal area, whether held by him or any other person, independent buildings or a single building with apartments; or converts or causes to be converted an existing building or any part of such building into apartments, for the purpose of transfer by sale or otherwise all or some of them to persons other than members of his family and includes his assignees shall apply to the Commissioner for the grant of a Registration Certificate.]292B. [ The Registration certificate granted under Development of Colonies. [[Substituted by M.P. Act No. 29 of 2003. Prior to substitution it read as under -
'292-B. Development of Colonies.-The Registration Certificate shall entitle the Colonizer to undertake the development of colonies in the municipal area subject to the provisions of this Act and the rules made in this behalf.']]292C. Punishment for illegal colonization.
292D. [ Punishment for abatement of the offence of illegal diversion of land or illegal colonization. [[Substituted by M.P. Act No 29 of 2003. Prior to substitution it read as under -
'292-D. Punishment for abatement of the offence of illegal construction.-Whoever in the area of illegal diversion or illegal colonization : -292E. [ Commissioner to take over the management of the land of illegal Colonization. [[Substituted by M.P. Act No. 29 of 2003. Prior to substitution it read as under -
'292-E. Transfer of plots in an area of illegal diversion or illegal colonization to be void.-(1) Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code. 1959 (No. 20 of 1959) the transfer or agreement to transfer of plots made by a colonizer, in an area of illegal diversion or illegal colonization shall be void.292F. [ Forfeiture of the land involved in illegal colonization. [[Substituted by M.P. Act No. 29 of 2003. Prior to substitution it read as under-
'292-F. Forfeiture of the land involved In illegal colonization.-The right, title and interest of the colonizer in the land under illegal colonization, shall upon and from the date of conviction of the colonizer under sub-section (3) of Section 292-C stand forfeited and vested in the Corporation free from all encumbrances.']]- The right, title and interest of the colonizer in the land under illegal colonization, shall upon and from the date of taking over management of the land under sub-section (2) of Section 292-E stand forfeited and vested in the Corporation free from all encumbrances.]292G. [ Punishment for not taking action against the illegal colonization. [Inserted by M.P. Act No. 29 of 2003.]
- Any officer or servant subordinate to the Commissioner who has been authorised by him either to inspect, report, stop or to remove any construction on illegal colonization knowingly omits to take action against such illegal colonization or construction therein, forthwith or a police officer responsible to provide police assistance for removal of illegal colonization or illegal construction therein, does not provide adequate protection and support, shall be punished with a simple imprisonment which may extend to three years or with fine which may extend to ten thousand rupees or with both.]Chapter XXIV
Building Control293. Prohibition of erection or re-erection of buildings without permission.
294. Notice of buildings.
295. Commissioner to refuse erection or rE-erection of buildings.
296. Grounds on which site of proposed building may be disapproved.
- The Commissioner may on all or any of the following grounds refuse to approve the site on which an applicant proposes to erect or re-erect any building-297. Grounds on which permission to erect or re-erect building may be refused.
298. Supervision of building and works.
- Every person who intends to erect a new building or executes any such work as is described in Section 294, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restrictions as may be prescribed by the bye-laws.299. Power of Commissioner to direct modification of a sanctioned plan of a building before its completion.
- The Commissioner may before any work has been commenced in pursuance of any permission granted by it under [Section 293] [Substituted by M.P. Act No. 13 of 1961.] revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules, and bye-laws made thereunder, with reference to the matters mentioned in the [said section] [Substituted by M.P. Act No. 13 of 1961.] as it thinks proper, and may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any street have been decided to its satisfaction.299A. [ Power of State Government to cancel or revise permission for construction of a building. [Inserted by M.P. Act No. 20 of 1998.]
- [If it is found that any permission for construction of a building has been given in violation of any provision of this Act or Rules or bye-laws made thereunder or in the opinion of the State Government it is necessary in the Public interest that the permission granted by the Municipal Corporation deserves to he cancelled or revised] the State Government shall have power to cancel or revise such permission and on such cancellation or revision, as the case may be, any construction contrary to the order regarding cancellation or revision shall be deemed to be without permission and shall be dealt with in accordance with the provisions of this Act and the rules made thereunder :Provided that no such order shall he passed unless the aggrieved party has been given an opportunity of being heard.]300. 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 293. If the erection or re-erection of the building is not commenced within one year and completed within two years or such longer period as may have been allowed by the Commissioner the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for fresh sanction under the foregoing provision of this Act.301. Completion certificate and permission to occupy or use.
302. Power of Commissioner to stop progress of building work unlawfully commenced or carried on.
303. Power of Commissioner to direct removal of person from building in which works are unlawfully carried on or which are unlawfully occupied.
304. Erection and use of temporary building to be approved by Commissioner.
305. Power to regulate line of buildings.
306. Compensation.
307. Power to require, removal or alteration of work not in conformity with bye-laws or any scheme or any other requirement.
308. Buildings or works commenced contrary to Act may be cut into and laid open for purpose of inspection.
308A. [ Compounding of offences of construction of buildings without permission. [Inserted by M.P Act No. 16 of 1994.]
- [Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or bye-laws made thereunder, the Commissioner may compound the offence of constructing buildings without permission or contrary to the permission granted, if -308B. [ Relaxation in compounding the unauthorised construction. [Inserted by M.P. Act No. 29 of 2003.]
Chapter XXV
Dangerous and Insanitary Buildings
309. Provisions regarding buildings unfit for human habitation.
310. Removal of buildings in dangerous state.
311. 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 owner, if such person is resident within the limits of the Corporation and shall 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 to as aforesaid or from being seriously detrimental to the amenities of the neighbourhood.312. Reclamation of low lying sites.
312A. [ Power to prohibit re-erection of building on inaccessible sites. [Inserted by M.P. Act No. 13 of 1961.]
- If any building so situate as to be inaccessible to a fire-engine or as to cause obstruction to a fire-engine from reaching other buildings is demolished or destroyed by fire or otherwise, the Commissioner may by a notice in writing addressed to the owner of the building demolished or destroyed as aforesaid, direct that no building shall be erected which would be inaccessible to a fire-engine or which would cause obstruction to a fire-engine from reaching other buildings.313. 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 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 to the occupiers of the said premises or to persons residing in the neighbourhood 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, he necessary or expedient to abate the nuisance or prevent a recurrence thereof.314. Power of Commissioner to call for statement of accommodation.
315. Cleaning and disinfecting of buildings.
316. Buildings to include part of a building for purposes of this Chapter.
- For the purpose of this chapter the expression 'building' includes a part of a building.Chapter XXVI
StreetsPublic Streets317. Closing of public streets.
317A. [ Laying railways, tramways or electrical, telephone poles. [Inserted by M.P Act No 13 of 1961.]
318. Prohibition of projection upon streets.
319. Procedure to be followed by Commissioner on conviction of a person under Section 434.
- When any person has been convicted under Section 434, the Commissioner may-320. Restriction on powers of municipal authorities in relation to streets.
321. 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.Obstruction in Streets322. [ Prohibition of obstruction in streets. [Substituted by M.P. Act No. 16 of 1994.]
322A. [ Maintenance of record and submission of report of encroachment. [Inserted by M.P. Act No. 29 of 2003.]
323. Streets not to be opened or broken up and building materials not to be deposited therein without permission.
324. 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 door, gate, bar or window altered so as not to open outwards.325. Power to require removal of old projections.
326. Notice to be given to Commissioner of intention to lay out lands for, building and for private streets.
327. Level of the 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.328. New streets not to be made and buildings on either side thereof not to be erected except in accordance with the direction of Commissioner.
329. [ Levelling, metalling, etc. of streets. [Substituted by M.P. Act No. 11 of 1977.]
330. Power to declare streets, when metalled, etc. public streets.
331. Power to construct or maintain public bridges.
- The Commissioner when authorised by the Corporation in this behalf may agree- (a) with any person to adopt and maintain any existing or proposed bridge, viaduct or arch and approaches as part of a public street, or as properly vested in the Corporation; orChapter XXVII
General Provisions as to Street and Public Nuisance332. Power to require protection of streets during cutting down of trees, erection, demolition of buildings, etc.
333. Powers 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.334. Destroying direction posts, lamp posts, etc.
- Whoever, without being authorised by the Commissioner defaces or disturbs or causes damage to any municipal direction-post, lamp-post or lamp or any property of the Corporation or extinguishes any municipal light in any public place, shall be punishable with fine which may extend to [one thousand rupees] [Substituted by M.P. Act No. 29 of 2003, for the words 'ten rupees'.].335. Hill sticking without permission.
336. Indecent or obscene pictures or printed or written matter.
337. Naming of streets and numbering of houses.
338. Inflammable materials.
- The Commissioner may, where it appears It) him to be necessary for the prevention of danger to life or property, by special or general notice, prohibit any person or persons from stacking or collecting timber wood, dry grass, straw, or other inflammable materials or placing mats or thatched huts or lighting fires in any places or within any limits specified in the notice.339. Roofs and external walls not to be made of inflammable materials.
340. Picketing animals or collecting carts.
341. 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 [fifty rupees] [Substituted by M.P. Act No. 29 of 2003. for the words 'five rupees'.],342. Heating of drums etc.
343. Use of steam, whistle, etc.
344. Discharging fire arms.
- Whoever 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 or annoyance 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 [two hundred rupees] [Substituted by M.P. Act No. 29 of 2003, for the word 'twenty rupees'],345. 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 line which may extend to [five hundred rupees] [Substituted by M.P. Act No. 29 of 2003, for the word 'fifty rupees'.].346. 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] [Substituted by M.P. Act No. 12 of 1995.], or in case of a second or subsequent breach, to [two thousand rupees] [Substituted by M.P. Act No. 12 of 1995.],346A. [ Spitting on any place other than drain or receptacle. [Inserted by M.P. Act No. 13 of 1961.]
- Whoever spits in any place other than a drain or a receptacle provided for the purpose by the Corporation shall be punishable with fine which may extend to [two hundred fifty rupees ].]Part-VII Chapter XXVIIICo-Operation of Police347. Co-operation of Police.
348. Power of Police to arrest offenders.
349. Power of District Superintendent to arrest a person on requisition from Commissioner.
- On a written requisition from the Commissioner, the District 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.350. Police protection at fairs, etc.
- When special police protection is in the opinion of the Government, necessary on occasion of any fair, agricultural show or industrial exhibition managed by the Corporation or for [the purpose of guarding houses evacuated due to plague or other epidemic] [Substituted by M.P. Act No. 13 of 1961.] the Government may provide such protection, and the Corporation shall pay the charges there of or such part of them as the Government considers equitable.Chapter XXIX
Prevention or Extinction of Fires351. Maintenance of fire brigade and arrangements for the prevention and extinction of fire.
352. Power of fire brigade and other person for suppression of fire.
353. Power to make regulation for fire brigades.
354. 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 XXX
Dangerous Animals355. Disposal of mad and stray dogs and other animals.
356. Allowing dogs to be at large.
- Whoever, being the owner or person inchargc of any dog, allows it to be at large in any street without a muzzle-357. Control of elephants, etc.
- Whoever, being in charge of any elephant, camel or bear, omits on being requested so to do to remove as far may be practicable his elephant, camel or bear to a safe distance on the approach of a horse, whether, ridden or driven or any vehicle drawn by bullocks, shall be punishable with fine which may extend to [two hundred rupees] [Substituted by M.P. Act No. 29 of 2003, for the words 'twenty rupees.],358. 358. Letting loose or tethering cattle or other animals at public street or place.
Whosoever wilfully or negligently lets loose or tethers cattle or other animal at any public street or place, so as to cause injury to any person, or damage property, or obstruct or endanger the public traffic, or cause public nuisance, shall be punishable with such fine as may be prescribed by the State Government, not exceeding one thousand rupees. [Substituted by M.P Act [No. 6 of 2023]].Chapter XXXI
Beggars359. Commencement of the Chapter.
- The provisions of this chapter shall come into force on such date as the Government may by notification appoint in that behalf.360. Soliciting alms.
361. Importing beggar.
- Whoever within the limits of the city employs others for the purpose of begging alms and lives wholly or in part on the proceeds of their begging shall be punishable with imprisonment of either description which may extend to six months or with fine not exceeding [one thousand rupees] [Substituted by M.P. Act No. 29 of 2003, for the words one hundred rupees] or with both.Chapter XXXII
Disorderly Houses
362. Power over disorderly houses and prostitutes.
363. Brothels.
- On the complaint of the Commissioner, or of three or more persons residing within the limits of the city that a house within the said limits is used as brothel, or by disorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, or that any such house is used as a brothel in the neighbourhood of a cantonment or of an educational or charitable institution or boarding house or of any place of worship, any Magistrate of the first class having jurisdiction in the place where the house is situated, may summon the owner or the occupier of the house, and on being satisfied that the house is so used and that it is a source of annoyance or offence to the neighbours, or that it is in the neighbourhood of a cantonment or of an educational or charitable institution or boarding house, or of any place of worship, may order the owner or the occupier to discontinue such use of it; and if he fails to comply with such order within five days, may impose upon him a line not exceeding [five hundred rupees] [Substituted by M.P. Act No 29 of 2003, for the words twenty five rupees.] for every day thereafter, the house is so used.364. Control of prostitution.
- The Corporation may in accordance with the bye-laws made in this behalf grant licences, impose fees and otherwise control the practice of prostitution within the limits of the Corporation.364A. [ Provisions of this Chapter to he supplemental to Central Act, 104 of 1956 and action under this Act to be subject to the Central Act. [Inserted by M.P Act No. 13 of 1961.]
- The provisions contained in this Chapter shall be in addition to, and not in derogation of, the provisions of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956), and anything done or any action taken under this Chapter shall be subject to the provisions of the said Act.]Chapter XXXIII
Weights and Measures365. Power to inspect weights and measures and seize false weights, etc.
366. Licences and permissions.
367. 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 anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion, or satisfaction of-368. Signature on notices, etc., may be stamped.
369. 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, lite service, or issue or presentation thereof shall be effected either-370. Service of notices, 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-370A. [ The two preceding sections inapplicable to Court's summons. [Inserted by M.P Act No. 13 of 1961.]
- Nothing in the two preceding sections shall apply to any summons issued under this Act by a Court.]371. Public notices how to be made known.
- Whenever it is provided by or under this Act that public notice shall or may be given of anything, such public notice shall, in the absence of special provision to the contrary, be in writing under the signature of the Commissioner or of a municipal officer empowered under sub-section (4) of Section 69 to give the same, and shall be widely made known in the locality to be effected thereby, by affixing copy thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum, or by advertisement in the local newspapers, or by any two or more of these means and by any other means that the Commissioner shall think fit.Powers of entry and inspection372. Power of entry on premises for purposes of inspection, survey or execution of necessary work.
373. Power of entry on lands adjacent to works.
374. Right of entry into and inspection of premises licensed for any purpose.
- Any Councillor or any Committee authorised by the Mayor in that behalf or the Commissioner, or any Municipal officer authorised by him in that behalf may at any lime by day or right 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 made thereunder in order to satisfy himself whether any provision of 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.375. Prohibition of obstructing entry.
- No person shall, in any way, obstruct any Committee or Councillor or any municipal officer duly authorised in that behalf in making any entry under Sections 365, 372, 373 or 374 any other municipal officer or any other person accompanying him at his request or acting under his orders for the purpose of such entry.Enforcement of orders to execute, works, etc.376. Execution of works which any person is required to execute by Commissioner at such person's cost.
377. Power of Commissioner to accept agreement for payment of expenses in instalments.
378. Power to declare certain expenses to be improvement expenses.
- If [any cost or expenses] [Substituted by M.P. Act No. 13 of 1961.] recoverable under this Act have been incurred by the Commissioner under any provision of this Act or any rule or bye-law made thereunder in respect of, or for the benefit of, any land or building, the Commissioner may with the approval of the Corporation declare [such costs or expenses] [Substituted by M.P. Act No. 13 of 1961.] to be improvement expenses.379. Improvement expenses how recoverable and by whom payable.
380. Right of owner or occupier to redeem charge for improvement expenses.
- At any time before the expiry of the period for the payment of any improvement expenses, the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses as are still payable.381. 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.382. Limitation of liability of agent or trustee.
- 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 compensation383. 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 [Mayor-in-Council] [Substituted by M.P Act No. 20 of 1998.], 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.384. Compensation to owner for value of immovable property deteriorated.
385. Procedure on complaint of injury.
386. Compensation to be paid by offenders against this Act for any damage caused by them.
387. Arbitration in cases of compensation, etc.
388. Recovery of sums ascertained under Section 387 to be due.
- If the amount of any expenses, compensation or damages determined in accordance with Section 387 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 District Court.389. 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 190, 191, 192, 193, 211, 213, 214 and 285 to recover damages.Recovery of certain dues390. Recovery of certain dues by distress and sale.
- In any case not expressly provided for in this Act or in any rule or bye-law made thereunder, any sum due to the Corporation on account of any charge, costs, expenses, fees, rates or rent or on 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.390A. [ Recovery of dues under any lease, contract or agreement. [Inserted by M.P. Act No. 28 of 1986.]
- Any sum falling due to the Corporation whether prior to or after the commencement of the Madhya Pradesh Municipal Corporation Amendment) Act, 1986 under any lease, contract or agreement to which the Corporation is a party shall notwithstanding anything to the contrary in any law, lease, contract or agreement for the time being in force, be recoverable by distress and sale of movable property of the person from whom such sum is due in the manner provided by Chapter XII.]391. 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 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 said 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-392. Decision of the District Court.
- Notwithstanding anything to the contrary in any other law for the time being in force, the District Court 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.393. Procedure in inquiries before Civil Courts.
394. Fees in proceedings before Civil Courts.
395. Limitation.
- 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, 1908, which is hereby made applicable to such application or appeals within thirty days alter the date of the order in 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 [sixty] [Substituted by M.P. Act No. 13 of 1961.] days.Proceedings before Magistrates396. Procedure in prosecution.
- No Magistrate shall take cognizance of any offence under this Act or under any rule or bye-law made thereunder, except on a complaint signed by the Commissioner or by any Municipal Officer or the officer-in-charge of a police station authorised by the Commissioner in this behalf either generally in regard to all such offences or particularly in regard to specific offences or offences of a special class.397. Power of Magistrate to hear 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-398. 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-399. Proceedings if any occupier opposes the execution of the Act.
- If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land, any of the provisions of Act, after notice of his intention so to carry them into effect has been given by the owner to such occupier, any Magistrate upon proof, thereof and upon application of the owner, may make an order in writing requiring such occupier to permit the owner to execute all such works, with respect to such [building] [Substituted by M.P. Act No 13 of 1961.] or land, as may be necessary tor carrying into effect the provisions of this Act and may also, if he thinks fit, order the occupier to pay the owner the costs relating to such application or order; and if, after the expiration of eight days from the date of the order such occupier continues to refuse to permit such owner to execute any such work, such occupier shall for every day during which he so continues to refuse be punished with fine which may extend to [five hundred rupees] [Substituted by M.P. Act No. 29 of 2003, for the words 'fifty rupees'.] and every such owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.Legal proceedings400. Power of Commissioner to institute legal proceedings and obtain legal advice.
401. Notice, limitation and tender of amends in suit against Corporation etc.
402. Indemnity for Act done in good faith.
- No suit or prosecution shall be maintainable against the Corporation or the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.], or Councillor or any Corporation Officer or servant, or any person acting under or in accordance with the direction of the Corporation or [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] 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.Appeals403. Appeal against the order of the Commissioner and subordinate officers.
404. Suspension of orders pending appeal.
- When an appeal has been instituted against an order under the aforesaid sections, all proceedings to enforce such order and all prosecutions for a breach thereof may, by an order of the Appellate Authority or the Mayor when the Appeal Committee is not sitting, be suspended pending the decision of the Appeal.Chapter XXXV
Supplemental Provisions
405. [ Power of Governor to include or exclude certain area. [Substituted by M.P. Act No. 16 of 1994.]
406. Effect of inclusion.
407. Exclusion of specified areas from the operation of certain provisions.
408. Powers of authority to require anyone or more or 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 lime to lime in its discretion require that person to do any one or more of those things.409. Determination of owner or occupier where there are gradations of owners or occupiers.
- Whenever any right is conferred or duty is 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 occupier 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 do so entitled or bound until his name is duly removed from the said assessment list.410. Councillors and Municipal officers, etc. to be deemed public servant.
- Every officer or servant in the employ 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, 1860.411. 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 duly, 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.412. Prohibition of removal of marks.
- No person shall remove any mark set up tor 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 references413. Construction of references.
- In every enactment or instrument in force when the provisions of this Act are applied to a city unless a different intention appears-414. Informalities and errors in assessments, notices, bills, etc. not to be deemed to invalidate such assessment, etc.
415. 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 Government for decision and such decision may include an order as to the costs of any enquiry ordered by the 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 Government for decision, be referred to the decision of an arbitrator or arbitrators appointed under [the Arbitration Act, 1940, or to a Civil Court under Section 90 of the Code of Civil Procedure, 1908.] [Substituted by M.P. Act No. 13 of 1961.]416. Disputes between Government and Corporation.
Part IX – Chapter XXXVI
Control417. Power of Government to require returns, etc.
417A. [ Power of the Government to depute officers to make enquiry, inspection or examination and report. [Inserted by M.P. Act No. 27 of 1974.]
418. Power of Government to require municipal authority to take action.
- If the Commissioner fails within such period as may have been fixed by the Government to comply with a requisition under Section 417 [or if on receipt of any report submitted under Section 417-A or any complaint or information] [Substituted by M.P. Act No. 13 of 1961.] it appears to the Government that-418A. [ Power of State Government to issue directions for implementation of welfare measures. [Inserted by M.P. Act No. 39 of 1984.]
418B. [ Public opinion to be obtained. [Inserted by M.P. Act No. 29 of 2003.]
- Notwithstanding anything contained in this Act the Corporation shall obtain public opinion on any question of public interest and in such manner as may be directed by the State Government.]419. Procedure by Government when municipal authority fails to take action.
- [(1) If within the period fixed by any order issued under Section 418, or directions issued under Section 418-A, any action directed thereunder has not been duly taken, or cause has not been shown as aforesaid, the Government may, by order-(a)appoint some person to take the action so directed;(b)fix reasonable remuneration to be paid to him; and(c)direct that such remuneration and the cost of taking such action shall be defrayed out of the municipal fund and, if necessary, that any one or more of the taxes authorised by Chapter XI shall be levied or increased.]420. Power to demand punishment or dismissal.
- Notwithstanding anything contained in this Act, if in the opinion of the Government any officer or servant of the Corporation is negligent in the discharge of his duties, the Corporation shall, on the requirement of the Government, suspend, fine or otherwise punish him, and if in the opinion of the Government he is unfit for his employment, the Corporation shall dismiss him.421. Power of Government to suspend any resolution or order.
422. [ Dissolution of the Corporation. [Substituted by M.P. Act No. 16 of 1994.]
422A.
[x x x] [Omitted by M.P. Act No. 16 of 1994.]423. [ Consequences of [x x x] [Substituted by M.P. Act No. 11 of 1966.] dissolution.
- [(1) When the Corporation is dissolved under Section 422, the following consequences shall ensue-(a)All Councillors [and Mayor] shall vacate their office from the date the order of dissolution of the Corporation comes into effect.(b)All powers and duties of the Corporation, the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] and the Appeal Committee under this Act, may until the Corporation is reconstituted be exercised and performed by such person, or a committee of persons as the State Government may appoint in that behalf.(c)All property vested in the Corporation shall, until the Corporation is reconstituted, vest in such person or committee in trust for the purposes of this Act.]424. [ [Omitted by M.P. Act No. 16 of 1994.]
- x x x]425. Enforcement of orders.
- In all matters connected with this Act. if the Corporation makes default in carrying out any order made by the Government or by any authority other than the Corporation in exercise of any of the powers conferred by this Act or any rule made thereunder, the Government shall have all the powers necessary for the enforcement of such order at the cost of the Corporation.425A. [ Certain officials entitled to attend meetings of Corporation or [Mayor-in-Council] [Inserted by M.P. Act Act No. 13 of 1961.].
- Any officer of the Education, Public Works, Medical. Sanitary and other Technical Departments whom the Government may by general or special order appoint in this behalf, shall be entitled to attend any meeting of the Corporation or [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] and address it on any matter concerning the work of his department.]426. Rules for inspection of institution and works of Corporation.
- The Government may make rules authorising inspection under this Act by servants of the Government, of Institutions and works which are under the management and control of the Corporation and regulating such inspection.426A. [ Removal of difficulties. [Inserted by M.P. Act No. 13 of 1961.]
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.]426B. [ Delegation of powers. [Inserted by M.P. Act No. 27 of 1994.]
- The State Government may, by notification delegate to any officer subordinate to it all or any of the powers conferred upon it by or under this Act except the powers [under Section 422].Part-X Chapter XXXVIIBye-Laws427. Bye-laws.
- [The Corporation may, and if so required by the Government shall, make bye-laws consistent with the provisions of this Act and the rules made thereunder] [Substituted by M.P. Act No. 13 of 1961.] for carrying out the provisions and intentions of this Act, and in particular and without prejudice to the generality of the foregoing power, it may make bye-laws to regulate all or any of the following matters, namely :-428. Penalties for breach of bye-laws.
429. Hearing by Corporation of objections to proposed bye-laws.
- No bye-law shall be made by the Corporation, unless-430. Bye-laws to be subject to sanction of Government.
431. Publication of bye-laws and rules in Gazette and effect of such publication.
- All bye-laws made and confirmed under this Act shall be published in the Gazette and shall thereupon have effect as if enacted in this Act.432. Government may modify or repeal bye-laws.
432A. [ Model bye-laws. [Inserted by M.P. Act No. 27 of 1974.]
433. Power of State Government to make rules.
Part XI – Chapter XXXVIII
Punishment of Offences434. Certain offences punishable with fine.
- Whoever-(a)contravenes any of the provisions of this Act or of the rules [or bye-laws] [Inserted by M.P. Act No. 13 of 1961.] made thereunder mentioned in the first column of the following table; or(b)fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under any of the said provisions or rules [or bye-laws] [Inserted by M.P. Act No. 13 of 1961.],shall be punishable with fine which may extend to the amount mentioned in the third column of the said table.| Section, sub-section or clause | Brief reference tosubject-matter | Maximum fine which may be imposed | Daily fine which may be imposed when the offenceis a continuing one |
| (1) | (2) | (3) | (4) |
| Section 203 | New Building not to be erected without drains | Five thousand rupees | Two hundred rupees |
| Section 205, sub-section (1) | Owner of land to allow other to carry drains through theland. | Five hundred rupees | Fifty rupees |
| Section 206 | Owner of land to allow use thereof right ownership therein toothers | Five hundred rupees | Fifty rupees |
| Section 208 | Resistance to order of the Commissioner regarding use ofjoint ownership of a drain. | Five hundred rupees | One hundred rupees |
| Section 209 | Resistance to Commissioner draining premises in combination. | Five hundred rupees | One hundred rupees |
| Section 210 | Resistance to the Commissioner constructing drains of failureto maintain and keep in repair portion of a drain vesting in anowner. | Five hundred rupees | Fifty rupees. |
| Section 211 | Resistance to the Commissioner affixing shafts or pipes forventilation of drains. | Five hundred rupees | One hundred rupees |
| Section 246 | Establishment of factory etc. without permission of theCommissioner. | Five hundred rupees | Five hundred rupees |
| Section 248 | Storing dangerous or offensive article or carrying ondangerous or offensive trades. | Five thousand rupees | Five hundred rupees |
| Section 254, sub-section (1) | Keeping open a private market without permission. | Two thousand five hundred rupees. | TWo hundred fifty rupees. |
| Section 254, sub-section (2) | Establishment, removal, opening, re-establishment orenlarging of private market without permission. | Five thousand rupees | Five hundred rupees |
| Section 255 | Selling animals, meat etc. outside market without a licence. | One thousand rupees | Five hundred rupees |
| Section 257, sub-section (3) | Slaughter of animals without permission out side municipalslaughter house. | Five thousand rupees | |
| Section 259 | Sale of diseased or unwholesome animals or articles intendedfor human food. | One thousand rupees for a first offence and five thousandrupees for any subsequent offence. | |
| Section 260 | Keeping adulterations in place where butter ghee, etc. aremanufactured. | One thousand rupees | |
| Section 261 | Sale, etc. of notified article which is not of prescribedstandard of purity | One thousand rupees for a first offence anil five thousandrupees for any subsequent offence. | |
| Section 262 | Sale, etc. of substitutes | One thousand rupees for a First offence and live thousandrupees for any subsequent offence. | |
| Section 267, sub-section (3) | Removing, interfering or tampering with animal, food, drink,drug etc. seized and left in custody. | One thousand rupees | |
| Section 272 | Failure to give information of existence of dangerousdiseases. | Five thousand rupees | |
| Section 289, sub-section (1), clause (a), (b), and (d) | Prohibition of burials etc. without permission. | Five thousand rupees | |
| Section 289, sub-section (1), clause (c) | Burial or burning of any corpse at any other place which isnot a burial or burning ground. | Five thousand rupees | |
| Section 291 | Erection or re-erection of building in contravention of atown planning scheme. | Five thousand rupees | Five hundred rupees |
| Section 293 | Prohibition of erection or re-erection of buildings withoutpermission of the Commissioner | Five thousand rupees | Five hundred rupees |
| Section 301, sub-section (1) | Notice to be given to the Commissioner on completion ofbuilding. | Five hundred rupees | |
| Section 301, sub-section (4) | Prohibition of occupation of new or re-erected buildingwithout permission of the Commissioner. | Five thousand rupees | One hundred rupees |
| Section 309, sub-section (3) | Entering into or remaining in a building which has beendeclared unfit for human habitation. | Five thousand rupees | One hundred rupees |
| Section 310, sub-section (1) | Requisition to remove or repair building in ruinous ordangerous slate. | Five hundred rupees | Filly rupees. |
| Section 310, sub-section (3) | Entering into or remaining in ruinous or dangerous buildingfrom which occupants have been removed. | Two thousand rupees | One hundred rupees |
| Section 318, sub-section (1) | Prohibition of projections upon street etc. | Two thousand rupees | One hundred rupees |
| Section 318, sub-section (2) | Requisition to remove the same. | Two thousand rupees | One hundred rupees |
| Section 324 | Requisition to alter ground floor doors, etc. opening onroads, or streets etc. | One thousand rupees | One hundred rupees |
| Section 325 | Requisition to remove projections upon streets etc. | Two thousand rupees | Five hundred rupees |
| Section 328, sub-section (1) | Laying out of private streets otherwise than in accordancewith the permission of the Commissioner. | Five thousand rupees | Five hundred rupees.] |