Section 458 in The Maharashtra Municipal Corporations Act, 1949
458. Bye-laws for what purpose to be made. - The Corporation may from time to time make bye-laws not inconsistent with this Act and the rules, with respect to the following matters, namely :-
(1)regulating, in any particular not specifically provided for in this Act or the rules, the construction, maintenance, protecting, flushing, cleansing and control of drains, ventilation-shafts or pipes, cesspools, water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to the Corporation or other persons, municipal water-works, private communication pipes, private streets and public streets;(2)regulating all matters and things connected with the supply and use of water;(3)regulating the maintenance, supervision and use of public and private cart-stands and the levy of fees for the use of such of them as belong to the Corporation;(4)prescribing the forms of notice under sections 253 and 254, the information, documents and plans to be furnishing therewith in respect of different classes of structures or works, the manner in which and the persons by whom notices shall be signed and the manner in which plans, sections, descriptions, structural drawings or structural calculations shall be drawn, given, prepared and signed;(5)regulating the manner in which, the supervision under which, the agency through which and the conditions and restrictions under which the work of erecting or re-erecting buildings of particular classes and any work such as is described in section 254 shall be carried out;(6)the structure of wails, foundations, roofs and chimneys, the number, width and position of staircases, the width of corridors and passages, the materials, dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns of buildings, for securing stability and the prevention of fires and the safety of the inmates in the event of fire and for purposes of health, either generally or with reference to the type of the structure and the use to which it is intended to be put;(7)the construction of scaffoldings for building operations to secure the safety of the operatives and of the general public;(8)the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings;(9)the provision and maintenance of suitable means of access to buildings and preventing encroachment thereon;(10)the provision and maintenance of house-gullies and service-passages;(11)regulating the conditions on which frame buildings may be constructed;(12)regulating the use of land as building sites, prescribing the minimum size of such sites, either generally or for specified areas and prescribing set-backs from the street margin for all or particular classes of buildings on specified streets or classes of streets or in specified localities;(13)regulating the height of structures generally or with reference to the materials of which they are constructed or the width of the streets on which they front or the areas in which they are situated or the purposes for which they are intended to be used;(14)regulating the number and height above the ground or above the next lower storey of the storeys of which a building may consist;(15)prescribing the form of the completion certificate required under section 263 and the manner in which and the person by whom it shall be signed and subscribed;(16)regulating the intervals at which, the manner in which and the persons by whom buildings shall be periodically inspected under section 265;(17)regulating the management, maintenance, control and use of dwelling intended for the poorer sections of the community vesting in the Corporation;(18)prescribing the qualifications and experience of licensed surveyors, architects, engineers, structural designers, clerks of works and plumbers;(19)regulating in any particular not specifically provided for in this Act conservancy and sanitation, the destruction of rodents and other vermin, preventive and remedial measures against mosquitoes, flies and other insect pests;(20)the control and supervision of all premises used for any of the purposes mentioned in section 376 and of all trades and manufactures carried on thereon and the prescribing and regulating of the constructions, dimensions, ventilation, lighting, cleansing, drainage and water-supply of any such premises;(21)the inspection of milch-cattle, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of cattle-sheds and dairies;(22)securing the cleanliness of milk-stores, milk-shops and milk-vessels used by dairymen or milk-sellers for containing milk;(23)regulating the sale of milk in the City; the protection of milk against contamination and the prevention of the sale of contaminated milk;(24)requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing precautions to be taken for protecting milch-cattle and milk against infection or contamination;(25)regulating the measures to be taken in the event of the outbreak of any disease among animals which is communicable to man and the supply of information which will facilitate the taking of such measure;(26)securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold;(27)the control and supervision of butchers carrying on business within the City or at a municipal slaughter-house without the City;(28)regulating the use of any municipal market building, market place or slaughter-houses or any part thereof;(29)controlling and regulating the sanitary condition of markets and slaughter-houses and preventing the exercise of cruelty therein;(30)the licensing of hand-carts, other than those exempted from taxation under section 143 or those plying for hire in respect of which licences have been issued under the Bombay Public Conveyances Act, 1920, and the seizure and detention of any such hand-carts that have not been duly licensed;(31)requiring notice to be given of the concurrence of cases of any infectious, epidemic or endemic disease, not being a dangerous disease, which may be specified and prescribing the precautions to be taken by persons suffering from, or exposed to infection from, any such disease;(32)regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary conditions, due regard being had to the religious usages of the several classes of the community;(33)regulating the use of any place for the skinning and cutting up of the carcasses of animals;(34)facilitating and securing complete and accurate registration of births and deaths;(35)the registration of marriages;(36)securing the protection of public parks, gardens, public parking places and open spaces vested in or under the control of the Corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them;(37)regulating the use of barbed wire or other material for the fencing of land or premises abutting on any street, pathway or place which the public are entitled to use or frequent;(38)regulating trade in rags, bones or second-hand clothing, bedding or other similar articles, including measures for disinfecting on import or before removal, sale or exposure for sale or use in any manufacturing process of any such article;(39)regulating the holding of fairs and industrial exhibitions in the City;(40)regulating and prohibiting the stocking of inflammable materials and of the lighting of fires in any specified portion of the City;(41)regulating the charges for services rendered by any municipal authority;(42)regulating admission to, and use by members of the public of, municipal hospitals, dispensaries, infirmaries, homes and similar institutions and the levy of fees therein;(43)the protection of the property of the Corporation;(44)regulating the inspection by members of the public of municipal records and the fees to be charged before such inspection is allowed;(45)regulating the grant of certified copies of extracts from municipal records and the fees chargeable for such copies or extracts;(46)regulating the appointment by owners of buildings or lands in the City who are not resident therein of agents residing in or near the City to act for such owners for all or any of the purposes of this Act or the rules, regulations or bye-laws;(47)regulating generally matters affecting the conduct of the Transport Undertaking and the travelling in or upon vehicles of the Undertaking used for the conveyance of passengers, subject to the provisions of any other enactment applicable to the Undertaking and the provisions of any rules, bye-laws, regulations, permit or licence issued thereunder, and in particular; the observance by municipal officers and servants appointed in connection with the Undertaking of sobriety, courtesy and special vigilance to prevent danger to persons or vehicles using the streets;(48)carrying out generally the provisions and intentions of this Act.
