Municipal Administration Ordinance 1960

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MUNICIPAL ADMINISTRATION ORDINANCE, 1960

ORDINANCE X OF 1960

An Ordinance to consolidate and amend the law relating to municipal administration in Pakistan

[Gazette of Pakistan Extraordinary, 11th April 1960]

Whereas it is expedient to consolidate and amend the law relating to municipal administration in Pakistan ;

Now, therefore, in pursuance of the Proclamation of the seventh day of October', 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-

1. Short title,. extent and commencement.-(1) This Ordinance may be called the Municipal Administration Ordinance, 1960.

(2) It extends to the whole of Pakistan.

(3) This section and section 3 shall come into force at once, and the remaining provisions of the Ordinance shall come into force in such areas and on such dates as the Government may, by notification in the official Gazette, appoint in this behalf.

2. Power to except local areas from provisions unsuited thereto.---(1) Should the circumstances of any area in which this Ordinance has been brought into force be such that, in the opinion of the Government, any of the provisions of the Ordinance are unsuited thereto, the Government may, by notification in the official Gazette, except that area from the operation of those provisions and thereupon the said provisions shall not apply to such area until the notification is rescinded.

(2) While such exception as aforesaid remains in force, the Government may make rules for the regulation of the matters so excepted.

3. Definitions.-(1) In this Ordinance, unless there is anything repugnant in the subject or-context:-

(1). "annual letting value" means the annual rent at which a building or land exclusive of furniture or machinery contained or situate therein or thereon, may reasonably be expected to be let from year to year, and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy ;

(2) "appointed member" means a member who is neither an elected member nor an official member;

(3) "budget" means an official statement of the income and expenditure of a Municipal Committee for a financial year;

(4) "building" includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps ;

(5) "building line" means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed ;

(6) "bye-laws" means bye-laws made under this Ordinance;

(7) "Chairman" means the Chairman of a Municipal Committee;

(8) "Commissioner" means the chief officer in charge of the revenue administration of the Division concerned and, as respects the Federal Capital, the Administratorof Karachi, and includes any officer specially appointed by the Government to perform all or any of the functions of a Commissioner under this Ordinance;

(9) "conservancy" means the removal and disposal of refuse ;

(10) "Controlling Authority" means in the case of such Municipal Committees or class of Municipal Committees as the Government may from time to time, by notification in the official Gazette, specify in this behalf, the Government, and in all other cases, the Commissioner;

(11) "dairy" includes any farm, cattle-shed, cow-house, milk-store, milk?shop, or other place from where milk or milk products are supplied for sale;

(12) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage or rain water ;

(13) "drug" means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use;

(14) "dwelling house" means any building used or adapted to be used wholly or principally for human habitation ;

(15) "elected member" means the Chairman of every Union Committee in a municipality or, where the number of such Committees exceeds thirty, every such Chairman elected under the Ordinance to be a member,

(16) "erect or re-erect a building" means the construction of a new build?ing and includes such material alterations of a building as may be prescribed ;

(17) "factory" has the meaning assigned to it under the Factories Act, 1934 (XXV of 1934) ;

(18) "food" includes every article used for food or drink by human beings but does not include drugs and water;

(19) "Government" means, in the case of the Federal Capital, the Central Government, and in other cases, the Provincial Government;

(20) "improvement trust" means any body or authority, including a development authority entrusted with the functions of town improve?ment ;

(21) "land" includes land which is being built upon, or is built up or is covered with water ;

(22) "market" means a place where persons assemble for the sale and purchase of meat, fish, fruit, vegetable, or any other article of food or for the sale and purchase of livestock or animals and includes any place which may be notified as a market in accordance with the rules ;

(23) "member" means a member of a Municipal Committee;

(24) "Municipal Committee" means a Municipal Committee constituted under this Ordinance;

(25) "Municipal Fund" means the fund of a Municipal Committee;

(26) "municipality" means an urban area, declared to be a municipality under this Ordinance ;

(27) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property ;

(28) "occupier" includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used ;

(29) "official member" means a member who is an official;

(30) "Order" means the Basic Democracies Order, 1959 (P. O. 18 of 1959) ;

(31) "owner" includes the person for the time being receiving the rent `of land and buildings, or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to' a tenant;

(32) "prescribed" means prescribed by rules made under this Ordinance;

(33) "Principal Officer" means a servant of a Municipal Committee notified as such by the Government ;

(34) "public place" means any building, premises or place to which the public have access ;

(35) "refuse" includes rubbish, offal, night soil, carcasses of animals, deposits of sewage, waste And any other offensive matter ;

(36) "regulations" means regulations made under this Ordinance ;

(37) "remuneration" includes salary, allowances and pension ;

(38) "rent" means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land ;

(39) "rules" means rules made under this Ordinance;

(40) "street line" means a line dividing the land comprised in, and form?ing part of, a street from the adjoining land ;

(41) "sullage" includes sewerage, polluted water, rain water, and any other offensive matter carried by a drain ;

(42) "tax" includes any toll, rate, fee, or other impost leviable under this Ordinance ;

(43) "vehicle" means a wheeled conveyance capable of being used on a street;

(44) "Vice-Chairman" means the Vice-Chairman of a Municipal Committee;

(45) "water work" includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliance, and anything for supplying or used for supplying water ;

(2) Words and expressions used but not defined in this Ordinance shall, unless the context otherwise , requires, have the meaning assigned to them in the Order.

4. Repeals and Savings.-(1) On the coming into force of this Ordinance in any area, the enactments mentioned in the First Schedule shall if and in so far as applicable to that area, stand repealed.

(2) Where an enactment stands re-pealed under subsection (1), any appointment, rule regulation, or bye-law made, notification, order or notice issued, tax imposed or assessed, contract entered into, suit instituted or action taken under such enactment shall, so far as it is not inconsistent with the provision of this Ordinance and the rules, be deemed to have been respectively made, issued, imposed or assessed, entered into, instituted or taken under this Ordinance.

**5. Succession.-**A Municipal Committee constituted under this Ordin ance shall be the successor of such local authority constituted under any of the repealed enactments as the Controlling Authority may, by notification in the official Gazette, specify, and the extent to which or the purpose or purposes for which a Municipal Committee shall be such successor may also be specified in such notification.

6. Certain matters to be prescribed.-Where this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision has been made as respects the authority .by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.

7. Declaration etc., of Municipality.-The Government may, in the prescribed manner, declare any urban area other than a Cantonment to be a municipality, and extend, curtail or .otherwise alter the limits thereof, or declare that any urban area shall, from a date to be specified, cease to be a municipality.

8. Constitution of Municipal Committees.-(1) As soon as may be, a Municipal Committee shall be constituted for every municipality in accordance with the provisions of this Ordinance.

(2) Every Municipal Committee shall be a body corporate, having perpetual succession and a common seal, with power, subject to the pro visions of this Ordinance and the rules, to acquire and hold property, both movable and immovable, and shall by its name sue and be sued.

9. Composition. -(I) Subject to clause (2), a Municipal Committee shall consist of----

(a) the elected members, whose number shall in no case exceed thirty, and

(b) such official members and appointed members, if any, as the Con trolling Authority may, in the prescribed manner, fix.

(2) The total number of official and appointed members shall not exceed the total number of elected members.

(3) In the matter of appointment of members, regard shall be had to the ability of persons to render service to the people, and due consi deration shall be given to the representation of minorities and women, of organizations concerned with the agricultural, industrial or community development, and of other special interests of importance to the muni cipality.

10. Chairman.-(t) For every Municipal Committee, there shall be a Chairman, who shall be appointed by, and hold office during the pleasure of, the Government.

(2) The Chairman shall be an official member and shall be so regarded for purposes of clause (2) of Article 9.

(3) The other terms and conditions pertaining to the office of Chairman shall be such as the Government may in each case determine, and in so doing, the Government may specify if the salary and allowances`, or any portion thereof, shall be paid from the Municipal Fund.

11. Vice-Chairman.-(L) Every Municipal Committee shall, in the prescribed manner, elect one of its elected members to be its Vice -Chairman.

(2) Subject to the provisions of subsection (3), the term of office of a Vice-Chairman shall be five years, or the residue of his term of office as a member, whichever is less.

(3) A Vice-Chairman shall vacate office if a vote of no confidence is passed against him in the prescribed manner, by a majority of the total number of members.

(4) A Vice-Chairman shall perform such functions as may be prescribed, and, subject to any regulations,, such other functions as may be entrusted to him by the Chairman.

12. Term of Office.-(I) The term of office of a Municipal Committee shall be a period of five years commencing on the day on which it assumes office.

(2) A Municipal Committee shall assume office on such date not later than thirty days from the day on which the names of its members are notified in the official Gazette, as may be appointed by the Controlling Authority.

(3) If on the expiry of the term' of office of a Municipal Committee, there be any delay in the assumption of office by the next reconstituted Municipal Committee, the powers and functions of the Municipal Committee shall be exercised and performed for the interim period by such person or persons ag the Controlling Authority may appoint in this behalf.

13. Oath of Office.-Every person elected or appointed to be a member shall, before taking his seat, make or subscribe an oath in the prescribed form.

14. Casual vacancy.-If the seat of an elected or appointed member becomes vacant during the course of the term of office of a Municipal Committee, a new member shall be elected or appointed, as the case may be, and such member shall hold office for the residue of such terns.

15. Resignation of Chairman, Vice-Chairman and Members.-(I) Any member may resign his office by tendering his resignation to the Chairman, and if he is the Chairman or the Vice-Chairman, to the Controlling Authority and the seat of the member, or the office of Chairman or Vice-Chairman, as the case may be, shall become vacant when. the resignation is accepted by the Controlling Authority.

(2) if the member tendering resignation be an elected member, he shall be deemed to have vacated his office as Chairman of the Union Committee on the acceptance of his resignation by the Controlling Authority under subsection (1).

16. Removal of members.-(1) A member shall render himself liable to removal from membership,-

(a) if he incurs any of the disqualifications specified in Part II of the Second Schedule to the Order ;

(b) If he, without reasonable excuse, absents himself from' three con secutive meetings of the Municipal Committee ; or

(c) If he is guilty of an abuse of power or of any misconduct in the discharge of his duties as a member, or has been responsible for any loss or misapplication of any money or property of the Municipal Committee, or of any local council or other local authority.

(2) The Controlling Authority may, after such enquiry, if any, as may be considered necessary, remove any appointed member, who is liable to removal under this section, from such membership.

(3) An elected member shall not be removed from such membership unless, at a special meeting of the District Council concerned, to be convened in accordance with the provisions of the Order, a resolution to the effect that he is liable to be removed under this section is passed by a majority of such members of the District Council concerned as are the Chairmen of the Union Councils, of the Town and Union Committees. Vice-Chairmen of the Municipal Committees, in the District, and the Vice-President of the Cantonment Board therein, and on the passing of such resolution the member shall stand removed.

(4) A person removed under this section shall cease to be a member of every local council or other local authority of which he may be a member, and shall not be eligible for election or appointment to any local council or other local authority for such period, not exceeding five years, as the Controlling Authority may fix in each case.

(5) Nothing in this section shall apply to any official member.

(6) No Court shall have jurisdiction to enquire into or question the validity of anything done, or any order made under this section.

17. Notification of election, appointment, resignation and removal of members.-Every election, appointment, resignation or removal of a member shall be notified by the Controlling Authority in the official Gazette.

**18. Compulsory and optional functions of Municipal Committees.**Subject to rules, and such directions as the Government may from time to time give, and within the limits of the funds at its disposal, a Municipal Committee shall undertake such of the functions given in detail in Part IV as are required to be undertaken by Municipal Committees and may undertake---

(a) all or any of the functions so given which may be undertaken by a Municipal Committee, and

(b) such other functions as are declared by the Government to be appropriate matters for administration by Municipal Committees generally or by any particular Municipal Committee.

19. Delegation of functions to Union Committees.-A Municipal Committee may, by order in writing issued with the previous approval of the Controlling Authority, and subject to such terms and conditions as may be specified in the order, delegate any of its functions under this Ordinance to all or any of the Union Committees within the municipality.

20. Co-ordinative functions.-Subject to the provisions of the Order, and the rules made or directions given thereunder, a Municipal Committee shall, in the prescribed manner, co-ordinate the activities of all the Union Committees within the municipality.

21. Transfer of functions from Municipal Committees to Government and vice-versa.-Notwithstanding anything in this Ordinance, or in any other law for the time being in force, -the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,--

(a) any institution or service maintained by a Municipal Committee shall be transferred to the management and control of . the Government, and ,

(b) any institution or service maintained by the Government shall be transferred to the management and control of a Municipal Committee.

22. Executive Powers.-(I) The executive powers of a Municipal Committee shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance.

(2) Save as otherwise provided in this Ordinance and the rules, the executive powers of a Municipal Committee shall vest in and be exercised by its Chairman, either directly or through other persons authorised by him in accordance with this Ordinance or the rules.

(3) All acts of a Municipal Committee, whether executive or not, shall be expressed to be taken in the name of the Municipal Committee, and shall be authenticated in the manner prescribed.

23. Disposal of business.-(1) All business of a Municipal Committee shall, to the extent and in the manner prescribed, be disposed of at its meet ings, or at the meetings of its sub-committees, or by its Chairman, Vice-Chairman or servants.

(2) All meetings of a Municipal Committee shall be presided over by the Chairman, and in his absence by the Vice Chairman, and in the absence of both, by a member chosen for that purpose by the members present.

(3) A Municipal Committee shall have power to act notwithstanding any vacancy in its membership.

(4) No proceedings shall be invalid by reason only that some person who was not entitled to do so, sat or voted, or otherwise took part in the proceedings.

(5) Minutes of the proceedings of every meeting of a Municipal Com mittee shall be drawn up and recorded in a book to be kept for the purpose.

(6) All decisions of a Municipal Committee shall be reported to the Controlling Authority within the prescribed period.

**24. Sub-Committees.-**A Municipal Committee may appoint such sub committees consisting of such number of its members, and co-opted members, if any, to perform such functions as may be prescribed by regulations.

25. Municipal Improvement Sub-Committee.-(1) The Government may, in any municipality where there is no improvement trust constituted under any enactment, by notification in the official Gazette, entrust to the Munici pal Committee any function relating to town improvement.

(2) Where any function is entrusted to a Municipal Committee under subsection (1), the Government may, in the prescribed manner appoint a Municipal Improvement Sub-Committee, which shall exercise such powers and perform such functions with regard to town improvement as may be prescribed.

26. Contracts.-(1) All contracts made by or on behalf of a Municipal Committee shall be-

(a) in writing and expressed to be made in the name of the Municipal Committee;

(b) executed in such manner as may be prescribed; and

(c) reported to the Municipal Committee by the Chairman at the meet ing next following the execution of the contract.

(2) A Municipal Committee may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chairman shall act in accordance with such resolution.

(3) No contract executed otherwise than in conformity with the pro visions of this section shall be binding on the Municipal Committee.

27. Works.-The Government may, by rules, provide for----

(a) the preparation of plans and estimates for works to be executed by a Municipal Committee;

(b) the authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanc tioned ; and

(c) the agency by which such plans and estimates shall be prepared and such work shall be executed.

28. Record, reports and returns.-A Municipal Committee shall-

(a) maintain such record of its working as may be prescribed ;

(b) prepare and publish such periodical reports and returns as may be prescribed ;

(c) adopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the Municipal Committee.

29. Servants of Municipal Committees, etc.----The Government may from time to time specify the posts in the Municipal Committees which shall be filled by persons belonging to the Local Councils Service constituted under Article 44 in Chapter VIII of Part II of the Order, and the other provisions of that Chapter shall mutatis mutandis apply in relation to the servants of Municipal Committees as they apply in relation to the servants of local councils as if the said provisions had been enacted in this Ordinance, and

(a) any reference to a local council were a reference to a Municipal Committee;

(b) any reference to the Controlling Authority were a reference to the Controlling Authority under this Ordinance ;

(c) any reference to the Order were a reference to this Ordinance; and

(d) any reference to Secretary included a reference to chief officer.

30. Municipal staff for Union Committees.-(1) The Controlling Autho rity may require a Municipal Committee to appoint for or depute to a Union Committee or Union Committees within the municipality such staff as may be specified in the order, and the .Municipal Committee shall thereupon appoint or depute such staff.

(2) The staff appointed or deputed under subsection (1), shall be the servants of the Municipal Committee but shall work with the Union Com mittee or Committees concerned subject to such terms and conditions as may be determined by the Controlling Authority.

**31. Constitution of Municipal Fund.-**For every Municipal Committee there shall be formed a fund which shall be known as the Municipal Fund.

32. Other provisions relating to funds and property of Municipal Com mittees.-The provisions of clause (1) of Article 48 and Articles 49, 50, 51, 52, 53, 54; 55, 56, and 58 of the Order shall mutatis mutandis apply to Municipal Committees as they apply to local councils as if the said pro visions had been enacted in this Ordinance, and

(b) any reference to Local Fund were a reference to Municipal Fund ;

(c) any reference to the Controlling Authority were a reference to the Controlling Authority under this Ordinance; and

(d) any reference to the Order were a reference to this Ordinance.

33. Municipal Taxation.-A Municipal Committee, with the previous sanction of the Government, may levy, in the prescribed manner, all or any of the taxes, rates, tolls and fees-mentioned in the Third Schedule.

34. Notification and enforcement of taxes.-(1) All taxes, rates, tolls and fees levied by a Municipal Committee shall be notified in the official Gazette and, unless otherwise directed by the Government, shall be subject to previous publication.

(2) Where a proposal for the levy of a tax, rate, toll or fee or for a modification of tax, rate, toll or fee which is in force, is sanctioned, the sanctioning authority shall specify the date for the enforcement thereof, and such tax, rate, toll, or fee or the modification shall come into force on such date.

35. Model tax schedules.-The Government may frame model tax schedules, and where such schedules have been framed, the Municipal Com mittees shall be guided by them in levying a tax, rate, toll or fee.

36. Directions with regard to levy of tax, etc.-(1) The Government may direct any Municipal Committee-

(a) to levy any tax, rate, toll or fee which the Municipal Committee is competent to levy under section 33 ; or

(b) to increase or reduce any such tax, rate, toll or fee, or the assess ment thereof, to such extent as may be specified ; or

(c) to suspend, abolish or exempt any person or class of persons or property or class of property from the levy of any such tax, rate, toll or fee.

(2) If a direction issued under subsection (1) is not complied with, with in the specified time, if any, the Government may make an order giving effect to the direction.

37. Liability on account of taxes.-(1) A Municipal Committee may, by notice, call upon any person to furnish such information, produce such record or accounts, or to present such goods or animals liable to any tax, rate, toll or fee, as may be necessary for the purpose of determining the liability of such person, goods or animals to a tax, rate, toll or fee, or the assessment thereof.

(2) Any official' of a Municipal Committee authorised in this behalf may, after due notice, enter upon any building or premises for the purposes of assessing the liability of such building or premises to any tax, or inspecting any goods or animal therein liable to any tax.

(3) Any official of a Municipal Committee authorized in this behalf may, in the prescribed manner, seize and dispose of any goods on which any octroi, terminal tax or toll is due and is not paid.

38. Collection and recovery of taxes.-(1) All taxes, rates, tolls and fees levied under this Ordinance shall be collected in the prescribed manner.

(2) All arrears of taxes, rates, tolls and fees, and other moneys claimable by a Municipal Committee under this Ordinance, shall be recoverable as a public demand or as arrears of land revenue.

(3) Notwithstanding the provisions of subsection (2), the Government may empower any Municipal Committee to recover arrears of taxes, rates, tolls, fees and other moneys claimable by the Municipal Committee under this Ordinance by distress and sale of movable property belonging to the person concerned, or by attachment and sale of the immovable property belonging to him.

(4) The Government may by rules specify the officials or classes of officials by whom the power under subsection (3) shall be exercised, and pres cribe the manner in which it shall be exercised.

39. Petitions against valuatian, assessment, etc.-No assessment of a tax, rate, toll or fee under this Ordinance, or valuation therefor, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority; in such manner and within such period as may be prescribed.

40. Deduction of taxes from salaries.-If a Municipal Committee levies a tax on professions, trades or callings, it may require the, employer of the person liable to such tax to deduct the tax from the salary or wages payable to such person, and on such requisition the amount of the tax due shall be deducted from the salary or wages of the person concerned and credited to the Municipal Fund provided that the amount so deducted shall in no case exceed twenty-five per cent of the salary or wages.

41. Taxation Rules.-(1) All taxes, rates, tolls, fees and other charges levied by a Municipal Committee shall be imposed, assessed,. leased, com pounded, administered, and regulated in such manner as, may be provided by rules.

(2) Rules framed under this section may, among other matters, provide for the obligations of the tax-payer and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.

42. Responsibility for sanitation.-A Municipal Committee shall be responsible for the sanitation 9f the, municipality, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.

43. Insanitary buildings.-(1) A Municipal Committee may by notice require the owner or occupier of any building or land which is in an insanitary or unwholesome state-

(a) to clean or otherwise put it in a proper state ;

(b) to make arrangements to the satisfaction of the Municipal Com mittee for its proper sanitation ;

(c) to limewash the building and to make such essential repairs' as may he specified in the notice ; and

(d) to take such other steps in regard to such building or land as may be so specified.

(2) If any requirement of a notice issued under subsection (1) is not complied with, within such period as may be specified in the notice, the Municipal Committee tray cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the Municipal Committee shall be deemed to be a tax levied on the owner or occupier under this Ordinance.

44. Removal, collection and disposal of refuse.-(1) A Municipal Committee shall make adequate arrangements for the removal of refuse from all public streets, public latrines, urinals, drains, and all buildings and land vested in the Municipal Committee, and for the collection and proper disposal of such refuse.

(2) The occupiers of all other buildings and lands within the municipality shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Municipal Committee.

(3) The Municipal Committee may cause public dust-bins or other suitable receptacles to be provided at suitable places and in proper and convenient situations in streets or other public places, and where such dust-bins or receptacles are provided, the Municipal Committee may by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dust-bins or receptacles.

(4) All refuse removed and collected by the staff of the Municipal Committee or under their control and supervision and all refuse deposited .n the dust-bins and other receptacles provided by the Municipal Committee shall be the property of the Municipal Committee.

45. Latrines and urinals.-(1) A Municipal Committee may, and if so required by the Controlling Authority shall, provide and maintain, in sufficient number and in proper situations, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order, and to be properly cleaned.

(2) The occupier of any premises to which any latrine or urinal per tains shall keep such latrine or urinal in a proper state to the satisfaction of the Municipal Committee and shall employ such staff for the purpose as may be necessary, or as may be specified by the Municipal Committee.

(3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Municipal Committee may by .notice require the owner of such premises-

(a) to provide such or such additional, privy or urinal accommodation as may be specified in the notice ; or

(b) to make such structural or other alterations in the existing privy or urinal accommodation as may be so specified ;

(c) to remove the privy or urinal ; and

(d) where there is an underground sewerage system, to substitute connected-privy or connected-urinal accommodation for any service-privy or service-urinal accommodation.

46. Births, deaths and marriages.-(1) A Municipal Committee shall register all births, deaths and marriages within the limits of the munici pality and information of such births, deaths and marriages shall be given by such persons or authorities, and shall be registered in such manner, as the bye-laws may provide.

(2) The bye-laws made under subsection (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.

47. Infectious diseases.-(1) A Municipal Committee shall adopt such measures to prevent infectious diseases and to restrain infection within the municipality as the rules and bye-laws may provide.

(2) A Municipal Committee may, and if required by the Government shall, establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases.

(3) A Municipal Committee may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious dis eases.

48. Health and maternity centres, etc.-A Municipal Committee may, and if required by the Government shall-

(a) establish, manage, maintain or contribute towards the mainte nance of health centres; maternity centres, and centres for the welfare of women, infants and children ;

(b) provide for the training of dais ; and

(c) adopt such other measures as may be necessary to promote the health and welfare of women, infants and children.

49. Promotion of public health.-Subject to the provisions of this Ordinance and the rules, a Municipal Committee may, and if the Govern ment so directs shall, take such measures for promoting public health, including education, in health, as it considers necessary or, as the case may be, the Government directs.

50. Hospitals and dispensaries.-(1) A Municipal Committee may, and if so required by the Government shall, establish and maintain such num ber of hospitals and dispensaries as may be necessary for the medical relief of the inhabitants of the municipality, and the people visiting it.

(2) Every hospital and dispensary maintained by a Municipal Com mittee shall be managed and administered in such manner as may be pres cribed.

(3) Subject to any directions that may be given in this behalf by the Controlling Authority, every hospital and dispensary maintained by a Municipal Committee shall be provided with such drugs, medicines, ins truments, apparatuses, appliances, equipments and furniture in accordance with such scale and standards as may be prescribed.

51. Medical aid and relief, and medical education, etc.-A Municipal Committee may, and if so required by the Government shall, take such measures as maybe necessary or as may be specified by the Government for-

(a) the provision and maintenance of first aid centres ;

(b) the provision and maintenance of mobile medical aid units ;

(c) the promotion and encouragement of societies for the provision of medical aid ;

(d) the promotion of medical education ;

(e) the payment of grants to institutions for medical relief ; and (f) the medical inspection of school children.

52. Water-supply. *-(1)*A Municipal Committee shall, within the limits of the funds at its disposal, ' provide, or cause to be provided, to the municipality a supply of wholesome water sufficient for public and private purposes.

(2) AMunicipal Committee may, and if required by the Controlling Authority shall, in the prescribed manner, frame and execute a water-supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary.

(3) Where a piped water-supply is provided, the Municipal Com mittee may supply water to private and public premises in such manner and on payment of such charges as the bye-laws may provide.

53. Private sources of water-supply.-(1) All private sources of water-supply within a municipality shall be subject to control, regulation and inspection by the Municipal Committee.

(2) No new well, water-pump or any other source of water for drinking purposes shall be dug, constructed, or provided except with the sanction, of the Municipal Committee.

(3) A Municipal Committee may by notice require the owner or any person having the control of any private source of water-supply used for drinking purposes-

(a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying matter ;

(b) to protect the same from contamination in such manner as, the Municipal Committee may direct ; and

(c) if the water therein is proved to the satisfaction of the Municipal Committee to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.

54. Drainage.-(1) A Municipal-Committee shall, within the limits of the funds at its disposal, provide an adequate system of public drains in the municipality, and all such drains , shall be constructed, maintained, kept, cleared and emptied with due regard to the health and convenience of the public.

(2) Every owner or occupier of any land or building within the municipality may, with the previous permission of the Municipal Com mittee, and subject to such terms and conditions, including the payment of fees, as the Municipal Committee may impose, cause his drains to 'be emptied into public drains.

(3) All private drains shall be subject to control, regulation and inspection by the Municipal Committee, and the Municipal Committee may, in such manner as the bye-laws may provide, require the provision, alteration, covering, clearing and closing of private drains.

55. Drainage Schemes.-(1) A Municipal Committee may, and if so required by the Controlling Authority shall, prepare a Drainage Scheme in the prescribed manner for the construction of drains at public and private expense, and other works for the effective drainage and disposal of sullage.

(2) A Drainage Scheme prepared under subsection (1) shall be submitted for approval to the Controlling Authority, which may approve it, reject its or approve it subject to such modifications as it may deem fit,

(3) The Drainage Scheme as approved by the Controlling Authority shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Controlling Authority.

(4) A Municipal Committee may by notice require the owner of any building or land within the Municipality.

(a) to construct such drains within the building or land or the street adjoining such building or land, as my be specified in the notice ;

(b) to remove, alter, or improve any such drains ; and

(c) to take such other steps for the effective drainage of the building or land as may be so specified.

56. Bathing and washing places.-(1) A Municipal Committee may from time to time-

(a) set apart suitable places for use by the public for bathing, for washing clothes, or far drying clothes ;

(b) specify the times at which and the sex of persons by whom such places may be used ; and

(c) prohibit by public notice, , the use by the public for any of the said purposes of any place not so set apart.

(2) No person shall establish, maintain or run a hamam or a bath for public use except under a licence granted by the Municipal Com mittee, and in conformity with the conditions and terms of such licence.

57. Dhobi ghats and washermen.-(1) A Municipal Committee may provide dhobi ghats for the exercise of their calling by washermen, and may by bye-laws regulate the use of dhobi ghats and levy tees for their use.

(2) A Municipal Committee may by bye-laws provide for the licensing of washermen. and the regulation of their calling.

58. Public water-courses.-(1) A Municipal Committee may with the previous sanction of the Controlling Authority, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the municipality, which is not private property, to be a public water-course.

(2) A, Municipal Committee may, in respect of any public water-course provide such amenities, make such. arrangements for life-saving, execute such works, and subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof, as the bye-laws may provide.

59. Public ferries.-(I) A Municipal Committee may by bye-laws provide for the licensing of boats and other vessels plying for hire in a public water course and may prescribe the terms and conditions for, the grant of licences and the fees to be charged therefor.

(2) The Government may declare any part of a public water-course to be a public ferry and may entrust the management thereof to the Municipal Committee, and thereupon the Municipal Committee shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed.

60. Public fisheries.-A. Municipal Committee may with the previous sanction of the Government, declare any public water-course as a public fishery, and thereupon the right of fishing in such water-course shall vest in the Municipal Committee, which may exercise such right in such manner as may be prescribed:

61. Bye-laws for articles of food and drink.--A Municipal Committee may by bye-laws-----

(a) prohibit the manufacture, sale or preparation, or the exposure for sale, of any specified article of food or drink in any place or , premises not licensed by the Municipal Committee ;

(b) prohibit the import into the municipality for sale; or the sale, or the hawking for sale, of any specified article of food or drink by persons not so licensed ;

(c) prohibit the hawking of specified articles of food and drink in such parts of the municipality as may be specified ;

(d) regulate the time and manner of transport within the municipality of any specified article of food or drink ;

(e) regulate the grant and withdrawal of licences under this section and the levying of fees therefor ; and

(f ) provide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased, or any article of food or drink which is noxious.

62. Milk supply.-(1) Except under a licence granted by the Municipal Committee, and in conformity with the conditions of such licence, no person shall, within a municipality, keep milch cattle for the sale of milk, or sell milk, or expose or import milk for sale, or manufacture butter, ghee, or any other milk or dairy product, nor shall any premises be used for any such purpose.

(2) A Municipal Committee may, in the prescribed manner, and with the previous sanction of the Controlling Authority, frame and enforce a Milk Supply Scheme, which may, among other matters, provide for the establishment of milkmen's colonies, the prohibition of the keeping of milch cattle in the municipality or any part thereof, and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public. .

**63. Public markets.-(**1) A Municipal Committee. may establish and maintain public markets, or may provide places for use as public markets, for the sale of articles of food and drink and of animals, and secure the proper management and sanitation of such markets.

(2) A Municipal Committee may, in respect of a public market, provide, by bye-laws-

(a) the fees to be charged for the use of, or for the right to expose goods in the market ;

(b) the fees to be levied on vehicles and animals bringing goods therein for sale ;

(c) the fees to be charged for the use of shops, stalls, pens, or stamps ;

(d) the fees to be charged in respect of animals brought for sale or sold ; and

(e) the fees to be charged from brokers, commission agents, weighmen and other persons practising their calling therein.

64. Private markets.-(1) No private market for the sale of articles of food or drink or for the sale of animals shall be established or main tained within a municipality except under a licence granted by the Municipal Committee, and in conformity with the conditions of such licence.

113 (2) Notwithstanding the provisions of subsection (1), the owner of every private market within a municipality for the sale of articles of food or drink or for the sale of animals, maintained immediately before the coming into force of this Ordinance, shall within three months, apply for a licence to .the Municipal Committee and .until the licence is granted shall continue to maintain the same.

(3) A Municipal Committee may levy such fees in respect of private markets as the bye-laws may provide.

(4) If a Municipal Committee is satisfied that in public interest any private market should be discontinued or taken over by the Municipal Committee, it may direct that the market should be discontinued, or that; subject to the payment of such compensation as would have been payable if it had been acquired under the Land Acquisition Act, 1894, (IV of 1894) ; the market should be taken over by the Municipal Committee.

(5) A Municipal Committee may by notice require the owner of any private market to construct such works, provide such conveniences, and make such arrangements for the maintenance of the market, and within such period, as may be specified In the notice.

65. Slaughter-houses.-A Municipal Committee shall provide and maintain at such site or sites within or, without the limits of the munici pality as the Controlling Authority may approve one or more slaughter houses for the slaughter of animals for sale or of any specified description of animals.

66. Animal husbandry.-.(I) A Municipal Committee may, and if so required by the Government shall, provide for the establishment and main tenance of veterinary hospitals and dispensaries, and by bye-laws regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries.

(2) A Municipal Committee may by bye-laws define contagious disease among animals and provide for measures that shall be adopted for prevention of the spread of such diseases, including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with. carriers of any such disease.

67. Stray animals.-(1) A Municipal Committee may by bye-laws provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land.

(2) A Municipal Committee may, and if so required by the Controlling Authority shall, establish and maintain cattle ponds for the impounding of cattle and charge such fines and fees for the impounding of cattle as the bye-laws may provide.

(3) No animal shall be picketed or tethered in such streets or places as may be specified by the Municipal Committee, and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.

68. Animal homes and farms.-(1) A Municipal Committee may, with the previous approval of the Controlling Authority, establish and maintain Animal Homes, where, subject to such terms and conditions and on the pay ment. of such fees and other charges, as the bye-laws may provide, the animals of private persons may be kept.

(2) A Municipal Committee may, with the previous approval of the Controlling Authority, establish and maintain cattle farms and poultry farms, and such farms shall be managed and administered in such manner as the bye-laws may provide.

69. Registration of the sale of cattle.-A Municipal Committee may by bye-laws require that every sale of such of the animals as may be specified shall be registered with the Municipal Committee in such manner, and subject to the payment of such fees, as the bye-laws may provide.

**70. Livestock improvement.----**A Municipal Committee may, with the previous approval of the Controlling Authority, frame and execute a Live stock Scheme, which may, among other matters, provide that no person shall keep such animals above such age as may be specified, unless they are castrated or are certified by competent authority to be fit for breeding.

71. Dangerous animals.-A Municipal Committee may by bye-laws define the animal which shall be deemed to be dangerous animals and the circums tances under which animals not otherwise dangerous shall be deemed to be dangerous, and such bye-laws may, among other matters, provide for the detention, destruction or disposal otherwise of such animals.

72. Cattle shows, zoos, etc.-(1) A Municipal Committee may hold cattle shows and fairs within the limits of the municipality and charge such fees from the people attending such shows or fairs as the bye-laws may provide.

(2) A Municipal Committee may, with the previous approval of the Controlling Authority, maintain or contribute towards the maintenance of zoological gardens.

**73. Disposal of carcasses.-**Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption, or for some other religious purpose, such person shall either-

.

(a) convey the carcass within twenty-four hours to a place, if any, fixed by the Municipal Committee for the disposal of the dead bodies of animals, or to a place beyond the limits of the municipality, not being a place within one mile of such limits; or

(b) give notice of the death to the Municipal Committee, whereupon the Municipal Committee shall cause the carcass to be disposed of and charge such fees from the person concerned as the bye-laws may provide.

Explanation.-In this section "animal" shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine, dogs, cats and other large animals.

74. Master Plan.-A Municipal Committee may, and if so required by the Controlling Authority shall, draw up a Master Plan for the municipality which shall, among other matters, provide for-

(a) a survey of the municipality including its history, statistics, public services and other prescribed particulars ;

(b) development, expansion, and improvement of any area within the municipality;

(c) restrictions, regulations, and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the municipality.,

75. Site Development Schemes.-(1) Where a Master Plan has been drawn up under section 74 and such Master Plan has been approved, with or without any modifications, by the Controlling Authority, no owner -of land exceeding such area as may be specified in this behalf in the Master Plan as so approved, shall develop the site or erect or re-erect a building or any plot of land covered by, the Master Plan, except in conformity with the provisions of a Site Development Scheme sanctioned for the area in the prescribed manner.

(2) Among other matters, a Site Development Scheme may provide for-

(a) the division of the site into plots ;

(b) the streets, drains, and open spaces to be provided ;

(c) the land to be reserved for public purposes and to be trans ferred to the Municipal Committee;

(d) the land to be acquired by the Municipal Committee;

(e) the price of plots ;

(f) the works that shall be executed at the cost of the owner or owners of the site or sites; and

(g) the period during which the area shall be developed.

76. Execution of Site Development Schemes.-(1) The execution of a Site Development Scheme shall be subject to the inspection and control of the Municipal Committee, and the Committee may give such directions with regard to the execution of the scheme as may be necessary for the proper development of site.

(2) If any area is developed or otherwise dealt with in contraven tion of the provisions of the sanctioned Site Development Scheme, the Municipal Committee may by notice require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, the Municipal Com mittee may, in the prescribed manner, require and enforce the demoli tion of the offending structure, and notwithstanding anything to the contrary contained in any law, no compensation shall be payable for such demolition.

(3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Develop ment Scheme, and further extension is not allowed by the Municipal Committee, or if the development is not in conformity with the terms of the Site Development Scheme, the Municipal Committee may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Municipal Committee shall be deemed to be a tax levied on the owner or owners under this Ordinance.

77. Erection and re-erection of Buildings.-(1) No person shall erect or re-erect a building or commence to erect or re-erect a building unless the site bas been approved, and the building plan has been sanctioned by the -Municipal Committee.

(2) A person intending to erect or re-erect a. building shall apply for sanction in the manner provided in the bye-laws, and shall pay such fees as may be levied by the Municipal Committee with the previous sanction of the Controlling Authority.

(3) All building applications presented under this section shall be registered in the manner provided in the bye-laws, and shall be disposed of as early as possible, but not later than sixty from the date of the registration of the application, and if no order is passed on an application within sixty days of its registration, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of the building Bye-laws, or of the Master Plan or Site Development Scheme, if any.

(4) A Municipal Committee may, for reasons to be stated in writing reject a site plan or a building plan, but any person aggrieved thereby may appeal to the Controlling Authority, within thirty days of the order of rejection, and the order passed by the Controlling Authority in appeal shall be final.

(5) A Municipal Committee may, sanction a site plan or a building plan, subject to such modifications or terms as may be specified in the order of sanction.

(6) Nothing in this section shall apply to any work, addition or alteration which the Municipal Committee may by bye-law declare to be exempt.

78. Completion of buildings, alterations of buildings, etc.-(1) Every person who has erected or re-erected a building shall, within thirty days of the completion of the building, report such completion; to the Munici pal Committee.

(2) The Municipal Committee shall cause every building which has been completed to be inspected, and if it has been constructed in viola tion or contravention of any provision of this Ordinance, the rule or the bye-laws or of the Master Plan or Site Development Scheme, if any,, the . Municipal Committee may require the alteration of the building so as to be in compliance therewith, and where such alteration is not possible, the Municipal Committee may require the 'building or any part thereof to be demolished, or on the application of the owner of such building, compound the offence, provided that no offence shall be so compounded if it involves any violation or contravention of the provisions of a Master Plan or of a sanctioned Site Development Scheme.

(3) If a building is required to be demolished under the provisions of subsection (2), and such requirement is not complied with within the specified period, the Municipal Committee may have the building demo lished through its own agency, and the cost so incurred thereon by the Municipal Committee shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.

79. Regulation of buildings.-(1) If any building, or anything fixed thereon be deemed by the Municipal Committee to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers-by, the Municipal Committee may by notice require the owner or occupier of such building to take such action in regard to the building as may be specified in the notice, and if there is default, the Municipal Committee may take the necessary steps itself and the cost incurred thereon by the Municipal, Committee shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.

(2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Municipal Committee. may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Municipal Committee.

80. Public streets.-(1) A Municipal Committee shall provide and maintain such public streets and other means of public communication as may be necessary for the comfort and convenience of the inhabitants of the municipality, and of the visitors thereto.

(2) A Municipal Committee shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Controlling Authority may alter or amend the Programme in such manner as it considers necessary.

81. Streets.-(1) No new street shall be laid out except with the previous sanction of the Municipal Committee, and in conformity with the terms and conditions of such sanction.

(2) All streets other than public streets shall be maintained in such manner as the bye-laws may provide.

(3) A Municipal Committee may by notice require that any street may be paved, metalled, drained, channelled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the Municipal Committee may have the necessary work done through its agency, and the cost incurred thereon by the Municipal Committee shall be deemed to be a tax levied on the person concerned under this Ordin ance.

(4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.

82. General provisions about streets.-(1) A Municipal Committee may, with the previous sanction of the Controlling Authority, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end, corner or entrance of the street.

(2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Municipal Committee, remove the same.

(3) A Municipal Committee may, in the manner provided in the bye-laws, lay down street lines, and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines.

(4) A Municipal Committee may by bye-laws define, nuisances and offences with regard to streets, and provide for their prevention and abatement.

83. Encroachments.-(1) No person shall make an encroachment, movable or immovable, on, over or under a street or a drain, except under a licence granted by the Municipal Committee and to the extent permitted by the licence-

(2) (2) Subject to bye-laws, a Municipal Committee may by notice require the person responsible for any such encroachment to remove the same within such period as may be specified, and if the encroachment is not removed within such period, the Municipal Committee may cause the encroachment to be removed through its own agency, and the cost incurred thereon by the Municipal Committee shall be deemed to be a tax levied on the person res ponsible for the encroachment under this Ordinance.

(3) Any person aggrieved by a notice issued under subsection (2) may, within such period as the bye-laws may provide, appeal to the Controlling Authority, whose decision thereon shall be final.

(4) Notwithstanding anything in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.

84. Street lighting.--(1) A Municipal Committee shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Municipal Committee by oil, gas, electricity or such other illuminant as the Municipal Committee may determine.

(2) A Municipal Committee may, with the previous sanction of the Controlling Authority, frame and enforce a Street Lighting Scheme in the prescribed manner.

**85. Street Watering.-**A Municipal Committee shall take such measures as may be necessary for the watering of public streets 'for the comfort and convenience of the public, and may, for this purpose, maintain such vehicles, staff, and other apparatus as may be necessary:

86. Traffic control.-A Municipal Committee shall by bye-laws make such arrangements for the control and regulation of traffic as may be neces sary to prevent danger to and ensure the safety, convenience and comfort of the public. .

87. Public vehicles.-(1) No person shall keep or let foe hire, or drive or propel within the limits of a municipality any public vehicle, other than a motor vehicle, except under a licence granted by the Municipal Committee, and in conformity with the conditions of such licence.

(2) No horse or other animal shall be used for drawing a public vehicle within the limits of a municipality except under a licence granted by the Municipal Committee concerned and in conformity with the conditions of such licence.

(3) A Municipal Committee shall, in such manner as bye-laws may provide, and with the previous approval of the Controlling Authority, fix the rate fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof.

Explanation.-In this section, a "public vehicle" means any vehicle which ordinarily plies for hire.

88. Fire fighting.-(1) For the prevention and extinction of fire, a Municipal Committee may, and if so required by the Controlling Authority shall maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of com municating intelligence as may be prescribed.

(2) On the occurrence of a fire within a municipality, any magistrate, any official of a fire brigade directing the operations, and any police officer not below the rank of Sub-Inspector, may---

(a) remove or order the removal of any person who by his presence interferes or impedes the operations for extinguishing the fire or for saving life and property ;

(b) close any street or passage in or near which any fire is burning ;

(c) for the purpose of extinguishing the fire, break into or through, or pull down or cause to be broken into or through, or pulled down, or use for the passage of hoses or other appliances, any premises ;

(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred ;

(e) call on the persons in charge of any fire engine to render such assis tance as may be possible ; and

(f ) generally take such measures as may appear necessary for the pre servation of life and property.

(3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section.

(4) Notwithstanding the provisions of subsection (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purposes of any policy of insurance against fire.

89. Civil Defence.-A Municipal Committee shall be responsible for the Civil Defence of the municipality, and it shall, in this behalf, perform such functions as may be prescribed.

90. Floods.-For the fighting of floods, rescuing of people from flood-affected areas, and affording relief to flood-stricken people, a Municipal Committee may, and if so required by the Controlling Authority shall, provide such boats, appliances and equipment as may be specified by the Controlling Authority.

91. Famine.-In the event of a famine, a Municipal Committee may, with the sanction of the Controlling Authority, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Controlling Authority.

92. Dangerous and offensive articles and trades.-(I) The Government may by rules define the articles and trades which shall be deemed to be dangerous or offensive for the purposes of this section.

(2) Except under and in conformity with the conditions of a licence granted by the Municipal Committee---

(a) no person shall carry on any dangerous or offensive trade ;

(b) no premises shall be used or suffered to be used for any dangerous or offensive trade ; and

(c) no person shall store or keep in any premises----

(i) any dangerous or offensive article except for domestic use ; or

(ii) any dangerous or offensive article in excess of such limits as may be fixedby the bye-laws.

(3) A Municipal Committee may, with the previous sanction of the Controlling Authority, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specified areas within the municipality, and for the restriction of such trades in any area not so specified.

93. Burial and burning places.-(I) A Municipal Committee may, and if so required by the Controlling Authority shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and burning places.

(2) The Government may, by notification in the official Gazette, declare that any burial or. burning place which is open to public for burial or burning shall vest in a Municipal Committee, and thereupon such burial or burning place shall vest in the Municipal Committee, and the Municipal Committee shall take all measures necessary for the proper maintenance and administration thereof.

(3). Every burial or burning place which is not administered by a Municipal Committee shall be registered with the Municipal Committee and shall be subject to regulation, supervision and inspection by the Municipal Committee in such manner as .the bye-laws may provide.

(4) No new burial or burning place shall be established 'within a munici pality, except under a licence granted by the Municipal Committee, and in conformity with the conditions of such licence.

94. Arboriculture.-(I) A Municipal Committee shall plant trees on public streets and other public places within the municipality and take all such steps as may be necessary for the plantation and protection of trees on such streets and places.

(2) A Municipal Committee may in the prescribed manner and with the previous sanction of the Controlling Authority, frame and enforce an Arboriculture Plan.

95. Gardens. (1) A Municipal Committee may, and if so required by the Controlling Authority shall, lay out and maintain within the municipality such public gardens as may be necessary for the recreation and convenience of the public, and such public gardens shall be maintained and administered in such manner as the bye-laws provide.

(2) For every public garden, there shall be framed and enforced, in the prescribed manner, a Garden Development Plan, which shall provide for the development and improvement of the garden.

96. Open spaces.-A Municipal Committee may provide and maintain within the municipality such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the bye-laws may provide.

97. Forests.-A Municipal Committee may, in the prescribed manner, frame and enforce Forest Plans providing for the improvement, develop ment and exploitation of forests-and plant, maintained and work forests in accordance with such Plans.

98. Nuisances pertaining to trees and plantations.-(1) A Municipal Committee may by bye-laws determine the pests of trees and plants and provide for their destruction.

(2) If any land or premises within a municipality is grown with rank or noxious vegetation, or undergrowth, a Municipal Committee may by notice require the owner or occupier of such land. or premises to clear such vegetation or undergrowth, within a specified time and if he fails to do so within such time, the Municipal Committee may have such vegetation or undergrowth cleared, and the cost incurred thereon by the Municipal Committee shall be deemed to be a tax levied on the owner or occupier under this Ordinance.

(3) A Municipal Committee may, in the manner provided in the bye-laws, require the felling of any tree which is dangerous, or the trimming of the branches of any tree which overhang and are likely to interfere with traffic or are otherwise inconvenient.

(4) A Municipal Committee may, in the manner provided in the bye-laws, prohibit the cultivation of any crop which is considered dangerous to public health within such part of the municipality as may be specified.

**99. Tanks and low lying areas.-**A Municipal Committee may and if so required by the Controlling Authority shall take such steps with regard to the excavation, and re-excavation of tanks and the re-clamation of low-lying areas as it thinks fit, or; as the case may be the Controlling Authority directs.

100. Education.-(1) A Municipal Committee shall maintain such educa tional institutions as may be required by the Controlling Authority, and may, with the previous approval of the Controlling Authority, maintain such other educational institutions as may be necessary for the promotion of education in the municipality.

(2) All educational institutions maintained by the Municipal Committee shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed.

(3) A Municipal Committee may levy such fees for the use of educational institutions as may be prescribed.

(4) A Municipal Committee, may, with the previous approval of the Controlling Authority, give financial aid to private educational institutions within the municipality.

101. Compulsory education.-Subject to any law for the time being in force, a Municipal Committee shall be responsible for the enforce ment of compulsory education in the municipality, and it may in this behalf adopt all such measures as may be necessary to ensure that every child of school going age in the municipality attends a school recognized by the Municipal Committee.

102. General provisions about education.-A Municipal Committee may----

(a) construct and maintain buildings to be used as hostels for students ;

(b) give scholarships to deserving or specially bright students ;

(c) provide for the training of teachers ;

(d) promote adult education ;

(e) provide school books to orphans and indigent students free of cost or at concessional rates ;

(f ) maintain depots for the sale of school books and articles of stationery ; and

(g) with the previous approval of the Controlling Authority ;

(i) promote and assist educational societies ;

(ii) undertake educational survey and enforce educational plans';

(iii) provide, whether free of charge or on payment, milk or meals for school children ;

(h) adopt any other measures likely to promote the cause of education.

103. Culture.-A Municipal Committee may, and if so required by the Controlling Authority shall-

(a) establish and maintain information centres for the furtherance of civic education and the dissemination of information on such matters as community development, and other matters of public interest ;

(b) maintain radio sets at public institutions and public places ;

(c) organize museums, exhibitions, and art galleries ;

(d) provide and maintain public halls, and community centres ;

(e) celebrate the Holy Prophet's Birthday, Pakistan Day, Quaid-i-Azam's Birthday, and other national holidays

(f ) providefor the reception of distinguished visitors visiting the municipality ;

(g) encourage national and regional languages ; ???????????????????????

(h) promote physical culture, and encourage public games and sports and organize rallies and tournaments ;

(i) promote tours to the municipality and adopt measures for the preservation of the historical and indigenous characteristics of the municipality ;

*(j ) -provide,*promote or subsidize facilities for the recreation of the public; and

(k) adopt any other measures likely to promote cultural progress and advancement.

104. Libraries.-A Municipal Committee may, and if so required by the Controlling Authority shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.

105. Fairs and shows etc.-A Municipal Committee shall, with the previous approval- of the Controlling Authority, make such arrangements on the occasion of any fairs,, shows or public festivals within the muni cipality as may be necessary for the public health, public safety and public convenience, and may levy fees on the persons attending such fairs and shows.

106. Social Welfare.-A Municipal Committee may, and if so required by the- Controlling Authority, shall,---

(a) establish, manage and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed ;

(b) provide for the burial and burning of paupers found dead within the municipality at its own expense ;

(c) adopt such measures as may be prescribed for the prevention of beggary, prostitution; gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils ;

(d) organize social service -volunteers ;

(e) adopt such measures as may be prescribed for the promotion of the welfare of backward classes, families of the persons serving in the Armed Forces, and women and children ; and

(f ) adopt any other measures likely to promote social welfare.

107. Development Plans.-(t) A Municipal Committee may, and if so required by the Government shall, prepare and implement development plans for such periods and in such manner as may be specified.

(2) Such plans shall be subject to the sanction of the prescribed authority, and shall provide for---

(a) the promotion, improvement and development of such function or functions of the Municipal Committee as may be specified ; .

(b) the manner in which the plan shall be financed, executed, imple mented and supervised ;

the agency through which the plan shall be executed and imple mented ; and

(d) such other matters as may be necessary.

(3) The Government may direct that any specified item of income of a Municipal Committee shall wholly or in part be earmarked and applied in the implementation of a development plan.

108. Community Development Projects.-A Municipal Committee may, in the prescribed manner sponsor or promote community development projects for the municipality, or any part thereof and may in this behalf perform such functions as may be prescribed.

109. Commercial Schemes.-A Municipal Committee may, in the prescribed manner, and with the, previous sanction of the Government promote, administer, execute and implement schemes for, undertaking any commercial or business enterprise.

110. Administration of Municipal Committees.-The provisions of Articles 73, 75, 76, 77 and 79 in Chapter It of Part V of the Order shall mutatis mutandis apply to Municipal Committees as they apply to local councils as if the said provisions had been enacted in this Ordinance, and

(a) any reference to a local council were a reference to a Municipal Committee ;

*(b)*any reference to Local Fund were a reference to Municipal Fund ;

(c) any reference to the Controlling Authority were a reference to the Controlling Authority under this Ordinance ; and

111. Control over the activitiesof Municipal Committees.-(1) If, in the opinion of the Controlling Authority, anything done or intended to be done by or on behalf of a Municipal Committee is not in conformity with law, or is in any way against public interest, the Controlling Authority may, by order,-

(a) quash the proceedings ;

(b) suspend the execution of any resolution passed or order made, by the Municipal Committee ;

(c) prohibit the doing of anything proposed to be done;

(d) require the Municipal Committee to take such action as may be specified,

(2) Where an order under subsection (1) is made by a Controlling Authority other than the Government, the Municipal Committee concerned may, within thirty days of the receipt of the order, represent against it to the Government and the Government may either confirm or modify or set aside the order.

112. Supersession of Municipal Committees.-(1) If, after such inquiry as may be necessary, the Government is of the opinion that a Municipal Committee----

(a) is ,unable to discharge or persistently fails in discharging its duties, or

(b) is unable to administer its affairs or meet its financial obligations, or

(c). generally acts in a manner contrary to public interest, or

(d) otherwise exceeds or abuses its powers, the Government may, by notification in the official Gazette, declare the Municipal Committee to be superseded for such period, not exceeding the residue of the team of such Municipal Committee, as may be specified.

(2) On the publication of a notification under subsection (1)-

(a) the persons holding office as Chairman, Vice-Chairman and members of the Municipal Committee shall cease to hold office ;

(b) all functions of the Municipal Committee shall, during 'the period of supersession, be performed by such person or authority as the Government may appoint in this regard.

(c) all funds and property belonging' to the Municipal. Committee during the period of supersession, vest in the Government-

(3) On the expiry of the period of supersession, the Municipal Com mittee shall be reconstituted in accordance with the provisions of this Ordinance and the rules.

113. Joint Committees.-Any Municipal Committee may join any other Municipal Committee or Committees, or any local council or councils, or any other local authority or authorities; in appointing a. joint committee for any purpose in which such Municipal Committees, councils or autho rities may be jointly interested, and may delegate to such Joint Com mittee any power which may be exercised by it, including the power to make regulations for the conduct of business.

114. Disputes between Municipal Committees and Local Councils---. If any dispute arises between two or more Municipal Committees, or between a Municipal Committee and a local council, the matter shall be referred-

(a) to the Commissioner if the parties concerned are Within the same Division, and

(b) to the Government, if the parties concerned are in different Divisions or if one of the parties is a Cantonment Board or a Union Committee in a Cantonment Area or within the jurisdiction of the Municipal Committees at Karachi, Dacca and Lahore, and the decision of the Commissioner or the Government, as the case may be, shall be final : ,

Provided that if one of the parties to the dispute is a Cantonment Board, or a Union Committee in a Cantonment Area or within the jurisdiction of the Municipal Committee at Karachi; the decision of the Government, not being a decision of the Central Government, shall not take effect unless the Concurrence of the Central Government has been obtained.

115. Offences.-Every act or omission specified in the Second Schedule shall be an offence under this Ordinance.

116. Punishment.-An offence under this Ordinance shall be punished with fine which may extend to five hundred, rupees, and if the offence is a continuing one, with a further fine which may extend to twenty rupees for every day after the date of the first commission during which period the offender has persisted in the offence.

117. Compounding of offences.-The Chairman, or any person generally or specially authorised by the Controlling Authority in this behalf, may compound any offence under this Ordinance.

118. Cognizance of offences---No Court shall take. cognizance of any offence under this Ordinance except on a complaint in writing received from the Chairman, or a person generally or specially authorized by the Municipal Committee in this behalf. '

119. Appeals.-(1) Any person aggrieved by an order passed by a Municipal Committee or its Chairman or Vice-Chairman in pursuance of this Ordinance or the rules ore bye-laws, may appeal to such' authority, in such manner and within such period as may be prescribed.

(2) Any order passed in appeal. shall be final and shall not be called in question in any Court.

120. Standing orders.-The Government may, by Standing Orders issued from time to time---

(a) define and regulate the relations of Municipal Committees inter se, and with local councils and other local authorities ;

(b) provide for coordinating the activities of Municipal Committees and Government departments ;

(c) provide for giving financial assistance to Municipal Committees including the making of grants for specified purposes, on specified terms and conditions ;

(d) provide for the making of financial contributions by one Municipal Committee to another Municipal Committee or to any other local authority;

(e) provide for the general guidance of Municipal Committees in carrying out the purposes of this Ordinance.

121. Power to make rules.-(1) The Government may make rules to carry out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in the Fourth Schedule, and all matters incidental, consequential and supplemental thereto.

122. Bye-laws.-(I) A Municipal Committee may, and if required by the Government stall, make bye-laws, not inconsistent with the rules, to carry out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the matters enumerated in the Fifth Schedule, and all matters incidental, consequential and supple mental thereto.

**123. Regulations.-**A Municipal Committee may make regulations to regulate the procedure in respect of all or any of the matters enumerated in the Sixth Schedule, and all matters incidental, consequential and supple mental thereto.

124. General Provisions relating to rules etc.-(1) All bye-laws shall be made subject to the condition of previous publication.

(2) All bye-laws and regulations made by a Municipal Committee shall be subject to the sanction of the Controlling Authority, and the Controlling Authority may sanction any bye-laws or regulations subject to modifications.

(3) The Government may frame model bye-laws and regulations, and in framing their bye-laws and regulations the Municipal Committees shall be guided by such model bye-laws and regulations. .

(4) All rules, bye-laws and regulations shall be notified in the official Gazette.

(5) Copies of rules, and of bye-laws and regulations pertaining to a Municipal Committee, shall be kept available at the office of the Municipal Committee for inspection and sale. .

(6) All rules and bye-laws when duly made shall be deemed to form part of this Ordinance and shall have effect accordingly.

125. Delegation of powers.-(1) The Government may, by notification in the official Gazette, delegate any of its powers under this Ordinance or the rules to a Commissioner or any other officer subordinate to it.

(2) A Commissioner may With the previous sanction of the Govern ment delegate any of his powers under this Ordinance or the rules not being powers delegated to him under clause (1) to any officer subordinate to him.

126. Licences and sanctions.-(1) Wherever it is provided- in this Ordinance, or the rules or bye-laws, that the permission or sanction of a Municipal Committee shall , be necessary to the doing of any act, such permission or sanction shall be in writing.

(2) Every licence, sanction or permission granted by or under the authority of a Municipal Committee shall be signed by the Chairman; or with the permission of the Chairman, by the Vice-Chairman, or 'by such official of the Municipal Committee as may be authorized in this behalf by rules or regulations.

127. Other miscellaneous matters.-The provision of articles 94, 95, 96, 97 and 98 in Chapter V of the Order shall mutatis mutandis apply to Municipal Committees as they apply to local councils as if the said provisions had been enacted in this Ordinances, and

(a) any reference to a local council were a reference to a Municipal Committee; and

(b) any reference to the Order were a reference to this Ordinance.

128. Interim authorities, rules, bye-laws, taxes, etc.-(1) In any area within the jurisdiction of a local body or bodies in which the provisions of this Ordinance are brought into force but a Municipal Committee is not constituted, the Government notwithstanding anything in this Ordi nance, may, by order empower any person or persons to perform all or any of the functions of such body or bodies as had jurisdiction therein immediately before such enforcement, as may be specified in the order, until a properly constituted Municipal Committee for the area assumes office in accordance with the provisions of this Ordinance.

(2) Whereas a Municipal Committee is constituted under this Ordi nance in any area, not being an area within the jurisdiction of any local body, the Government may enforce such rules and, without observing the procedure for previous publication, such bye-laws and such taxes, rates, tolls or fees in that area for such period, not exceeding six months, as may be considered necessary, for enabling the Municipal Committee so constituted to prepare for carrying out the purposes of this Ordinance.

129. Interim arrangement for the maintenance of Institutions to be transferred to Municipal Committee.-Where, on the enforcement of this Ordinance in any area, any service undertaken or institution maintained by the Government is required under any of the provisions of this Ordinance, to be compulsorily undertaken or maintained by a Municipal Committee such service or institution shall, notwithstanding anything contained in this Ordinance, continue to . be undertaken or maintained by the Government until the management thereof is duly transferred to the Municipal Committee.

130. Abolition of offices or posts.-(1) If, as a consequence of the enforcement of this Ordinance, any post held by a person under a local body or other local authority is abolished or its designation changed, such person----

(a) may be appointed - to such corresponding or other suitable post. if any, on such terms and conditions as the Controlling Authority may determine ; and

(b) if there be no corresponding or other suitable post under the Municipal Committee to which he may be appointed, then, notwithstand ing anything to, the contrary contained in any other enactment, rule or contract, shall be deemed to have vacated the post on such enforcement.

(2) If the service of any person stands terminated under the provi sions of subsection - (1), such person shall be paid the gratuity and pension to which he may be entitled under the rules of his service, and where he is not so entitled, such gratuity or pension as the Controlling Authority may, subject to rules, determine.

THE FIRST SCHEDULE

ENACTMENTS TO STAND REPEALED

(See section 4)

  1. The Sind District Municipal Act, 1901 (Sind Act III of 1901).

2.. The Baluchistan Bazars Regulation, 1910 (Reg. V of 1910).

  1. The Punjab Municipal Act, 1911 (Punjab Act III of 1911).

  2. The Assam Municipal Act, 1923 (Assam Act I of 1923).

  3. The Sind Municipal Boroughs Act, 1925 (Sind Act XVIII of 1925).

  4. The Sind Local Fund Audit Act, 1930 (Sind Act XXV of 1930).

  5. The Punjab Municipal (Executive Officer) Act, 1931 (Punjab Act 11 of 1931).

  6. The Bengal Municipal Act, 1932 (Bengal Act XV of 1932).

  7. The City of Karachi Municipal Act, 1933 (Bombay Act XVII of 1933).

  8. The- City of Lahore Corporation Act, 1941 (Punjab Act XV of 1941):

  9. The Quetta Municipal Law, 1946.

  10. The Sind Local Authorities' Service Act, 1947 (Sind Act XLIV of 1947).

  11. The West Punjab Municipal Fire Brigade Act, 1949 (West Punjab Act XXII of 1949).

  12. The North-West Frontier Province Municipal Act, 1950 (N.-W. F. P.

THE SECOND SCHEDULE

OFFENCES UNDER THE ORDINANCE

(See section 115)

  1. Evasion of the payment of a tax or other impost lawfully levied by a Municipal Committee.

  2. Failure to furnish on requisition information in respect of any matter which a Municipal Committee is authorised to call for under any of the provisions of this Ordinance, or the rules or bye-laws, or furnishing wrong information.

  3. Doing an act without licence or permission when the doing of such act requires a licence or permission under any of the provisions of this Ordinance, or the rules or bye-laws.

  4. Erection -or re-erection of a building without the sanction required under this Ordinance.

  5. Development of a site without the sanction required under this Ordinance.

  6. Laying out, making or commencing to lay out or make a street without the sanction of the Municipal Committee.

  7. Making an encroachment on any public road, public street, or public place without the sanction of the Municipal Committee. .

  8. Picketing, parking animals or collecting carts or vehicles on any street or using any street as a halting place for vehicles or animals or as a place of encampment without the permission of the Municipal Committee.

  9. Causing or permitting animals to stray.

  10. Without the permission of the Municipal Committee; causing or knowingly or negligently. allowing the contents of any sink, sewer, drain, or cess-pool or any other offensive matter to flow, or drain to be put upon any street, or public place, or into any irrigation channel or any swear or drain not set apart for the purpose.

  11. Laying out a drain or altering any drain in a street without the sanction of the Municipal Committee.

  12. Connecting any house drain with a drain in a public street without the permission of the Municipal Committee.

  13. Throwing or placing any refuse on any street, or in any place not provided or appointed for the purpose by the Municipal Committee.

  14. Carrying on any dangerous or offensive trade, 'or storing any offensive or dangerous article, without the sanction of the Municipal Committee.

  15. Doing any act by which water for drinking, is rendered unfit for such use.

  16. Using water for drinking from any source which is suspected to be dangerous to public health, and the use whereof Chas been prohibited by the Municipal Committee.

  17. Watering cattle or animals, or bathing or washing at or near a well or other source of drinking water for the public.

  18. Steeping hemp, jute or any other plant in or 'near a pond or any other excavation within such distance of the residential area as may be specified by the Municipal Committee,

  19. Dyeing or tanning skins within such distance of the residential area as may be specified by the Municipal Committee.

  20. Wilfully or negligently injuring or suffering to be injured, wells, reservoirs, mains, pipes or other appliances for the supply of water under the management or control of the Municipal Committee.

  21. Drawing off, diverting or taking any water, except with the permission of the Municipal Committee from any main or pipe.

  22. Tampering with any main, pipe, meter, or any apparatus or appliance for the supply of water.

  23. Excavation of earth, stone or any other material within such distance of the residential area as may be specified by the Municipal Committee.

  24. Establishing a brick kiln, lime kiln, charcoal kiln, or pottery within such distance of the residential area as may be specified by the Municipal Committee.

  25. Disposing of carcasses of animals without the sanction of the Municipal Committee.

  26. Failure to provide, close, remove, alter, repair, clean, disinfect or put in proper order any latrine, urinal, drain, cess-pool or other recep tacle for filth, sullage, water, or refuse when so required by the Municipal Committee.

  27. Failure by the owner or occupier of any land to clear away and remove any thick vegetation or undergrowth which has been declared by the Municipal Committee to be injurious to health or offensive to the neighbourhood.

  28. Failure by the owner or' occupier of any land to cut or trim the hedges growing thereon and bordering on any street, or any branches of trees growing thereon which overhang any street or obstruct the same or cause danger, or which so overhang any well, tank or other source from which water is derived for public use as to be likely to pollute the water thereof, or have been declared under this Ordinance to be in any way offensive or injurious to health.

  29. Cultivation of such crops, use of such manure or irrigation of any land in such manner as is declared by the Municipal Committee to be injurious to public health or offensive to the neighbourhood.

  30. Failure by the owner or occupier' of any land or building to clean, repair, cover, fill up, or drain off any private well, tank or other source of water-supply, which is declared by , the Municipal Committee to be injurious to health or offensive to the neighbourhood.

  31. Failure by the owner or occupier of any building or land to put up and keep in good condition proper troughs and pipes for receiving or carrying water or sullage from the building or land when so required by the Municipal Committee.

  32. Failure by a medical practitioner who during the course of such practice becomes cognizant of the existence of any infectious disease, to make a report about such infectious disease to the Municipal Committee.

  33. Failure by any person cognizant of the existence of any infectious disease in any building to communicate the information to the Municipal Committee.

  34. Failure by the owner to disinfect an infected building or-the letting of an infected building without disinfections.

  35. Failure by the owner or driver of a vehicle to disinfect any infected vehicle or carrying passengers in an infected vehicle.

  36. Feeding or allowing to be fed any animal meant for dairy or food purposes on deleterious substances, filth or refuse of any kind.

  37. Slaughtering animals for the sale of meat at a place other than the place set apart for the purpose.

  38. Selling to the prejudice of any purchaser any article of food or drink which is not of the nature, substance or quality demanded by such purchaser.

  39. Burying or burning a dead body at a place which is not a public or registered burial or burning place, except with the sanction of the Municipal Committee.

  40. Removal of a dead body by a route other than the routes specified by the Municipal Committee.

  41. Defacing or disturbing any municipal direction-post, lamp-post or lamp, or extinguishing any municipal light, except under due authority.

  42. Fixing any bill, notice, placard, or other paper or means of advertisement against or upon any building or place other than the places fixed for the purpose by the Municipal Committee.

  43. Exhibiting any obscene advertisement.

  44. Stacking or collecting of timber, wood, dry grass, straw or other inflammable material in a manner which is declared by the Municipal Committee to be dangerous.

  45. Driving or propelling any vehicle not properly supplied with lights during the period from half an hour after sunset to half an hour before sunrise.

  46. Failure while driving, leading or propelling a vehicle, without reasonable excuse to keep to the left or when passing a vehicle going in the same direction, to keep to the right of that vehicle, or to follow other specified rules of the road.

  47. Playing of music or radio, beating a drum or tomtom, blowing a horn or trumpet or beating or sounding any brass or other instrument or utensil in contravention of any general of special prohibition issued by the Municipal Committee.

  48. Discharging firearms or letting of fireworks, crackers, fire balloons or detonators, or engaging in any game, in such manner as causes or is likely to cause danger to persons passing-by or :living or working in the neighbourhood, or risk of injury to property: .

  49. Quarrying, blasting, cutting timber, or carrying on building operations in such manner .as causes or is likely to cause danger to persons passing-by or living or working in-the neighbourhood.

  50. Letting loose or setting on ferocious dogs or other dangerous animals.

  51. Failure to demolish or otherwise secure 'a building declared by the Municipal Committee to be dangerous building.

  52. Using or allowing the use for human habitation of a building declared by the Municipal Committee to be unfit for human habitation.

  53. Failure to lime-wash, or repair a building if so required by a Municipal Committee:

  54. Failure by the owner or occupier of a building to make adequate' arrangements for house scavenging when so required by the Municipal Committee.

  55. Wilfully obstructing any officer or servant of, or any person authorized by, the Municipal Committee in the exercise of powers conferred by or under this Ordinance.

  56. Begging importunately for alms, or exposing or exhibiting with the object of exciting charity any deformity or disease or any offensive sore or wound.

  57. Keeping a brothel or practising prostitution in such area as may be declared by the Municipal Committee to be the prohibited area.

  58. Being a member or a servant of a Municipal Committee knowingly to acquire directly or indirectly by self or a partner any share or interest. in any contract with, by, or on behalf of the Municipal Committee.

  59. Being an officer or servant declared by the Municipal Committee to be an essential officer or servant to be absent from duty, or to neglect or refuse to perform any of the duties or to perform them wilfully in an inefficient manner.

  60. Doing of any other act which is prescribed as an offence under this Ordinance.

  61. Contravening any of the provisions of this Ordinance, the rules; or bye-laws, or of any order, direction, notice, or declaration made or issued thereunder.

  62. Attempts and abetments of any of the offences aforesaid.

THE THIRD SCHEDULE

TAXES, RATES, TOLLS AND FEES WHICH MAY BE LEVIED BY A MUNICIPAL COMMITTEE

(See .section 33)

  1. Taxes on the annual value of buildings and lands.

  2. Tax on the transfer of immovable property.

  3. Tax on applications for the erection and re-erection of buildings.

  4. Tax on the import of goods for consumption, use or sale in a municipality.

  5. Tax on the export of goods from a municipality.

  6. Taxes of the nature of tolls.

7: Tax on professions, trades and callings.

  1. Tax on births, marriages, adoptions and feasts.

  2. Tax on advertisements.

  3. Tax on animals:

  4. Tax on cinemas, dramatic and theatrical shows and other entertain ments and

amusements.

  1. Tax on vehicles, other than motor vehicles and boats.

  2. Lighting rate and fire rate.

  3. Conservancy rate.

  4. Rate for the execution of any works of public utility.

1 6. Rate for the provision of water works or the supply of water.

  1. Cess on any of the taxes -levied by Government.

  2. School fees.

  3. Fees for the use of benefits derived from any works of public utility maintained by a Municipal Committee.

  4. Fees at fairs, agricultural shows, industrial exhibitions, tournaments and other public gatherings.

  5. Fees for markets.

  6. Fees for licences, sanctions, and permits granted by a Municipal Committee.

  7. Fees for specific services rendered by a Municipal Committee.

  8. Fees for the slaughtering of animals.

  9. Any other fee permitted under any of the provisions of this Ordinance.

  10. Any other tax which the Government is empowered to levy by law.

THE FOURTH SCHEDULE

MATTERS RESPECTING WHICH RULES MAY BE FRAMED

(See section 121)

  1. Municipalities.-(a) The manner in which any urban area may be declared a municipality.

(b) The division of municipalities into classes, and the conversion of a municipality from one class to another.

(c) The manner in which the limits of any municipality may be altered by including any area in the municipality, or excluding any area therefrom and the consequences of such alteration.

  1. Members.-(a) Regulation. of the conduct of members.

(b) The privileges, prerogatives, duties, responsibilities, obligations and liabilities of members.

(c) The training of members.

(d) All other matters likely to improve the efficiency and integrity of members.

  1. Chairman and Vice-Chairman.-(a) The powers and duties of Chairman.

(b) The election of Vice-Chairman.

(c) Manner of passing a vote of no-confidence against a Vice-?Chairman

  1. Functions.-(a) The functions of Municipal Committees.-

(b) The standards for the performance of various functions by Municipal Committees.

(c) The manner in which a Municipal Committee shall co-ordinate the activities of Union Committees in the Municipality.

  1. Excepted matters and other matters.-(a) The regulation of the natters excepted under section 2.

(b) Matters referred to in section 6.

  1. Municipal Improvement Sub-Committees.-(a) The constitution of Municipal Improvement Sub-Committees.

(b) The powers to be exercised and functions to be performed by Municipal Improvement Sub-Committees.

  1. Executive powers.-(a) The executive powers which shill vest in tire Chairman.

(b) The manner in which executive powers shall be exercised.

(c) The delegation of executive powers.

  1. Local Councils Service.-(a) The manner in which specified posts under Municipal Committees shall be filled by officers belonging to the Local Councils Service.

  2. Service Rules.-(a) The conditions of service of the officials and servants of Municipal Committees.

(b) The grades of pay for the officials and servants of Municipal Committees.

(c) The schedule of establishment setting forth the staff that shall be employed by the Municipal Committees.

(d) The qualifications for various posts under Municipal Committees.

(e) The principles to be followed in making appointments to various posts under Municipal Committees.

(f) The method for the holding of enquiries in cases where disciplinary action is proposed to be taken against officials and servants of Municipal Committees, and penalties.

(g) All other matters necessary for the efficient discharge of their duties by the servants of Municipal Committees.

  1. Contracts.-(a) The manner in which contracts shall be made, registered, watched, and enforced.

(b) The contracts which shall be subject to the sanction of the Controll?ing Authority.

(c) The principles which shall guide the Municipal Committees in the making of contracts.

  1. Works.-(a) The manner in which works shall be executed.

(b) Petty works, minor works, and major works.

(c) The specifying of the authorities whose administrative approval or technical sanction shall be necessary.

(d) The manner in which estimates and plans shall be prepared.

(e) The schedule of rates.

(f) The preparation of an annual works programme, and the manner in which it shall be sanctioned, and enforced.

(g) The registration of contractors, the fees to be charged for such registration, the security deposits to be made by contractors, and the con?ditions for the forfeiture of such deposits.

(h) The inspection of works, and the powers of inspecting officers.

(i) The certification and execution of works.

(j) The manner in which works may be executed departmentally.

(k) The manner in which the accounts for works shall be kept and maintained.

(l) All other matters necessary for the proper execution of works.

  1. Record, reports, and returns.-(a) The specifying of the record than shall be maintained.

(b) The various reports and returns that shall be prepared, and the manner in which they shall be published.

(c) The custody, proper maintenance, and destruction of unneces?sary record.

  1. Offences.-(a) The making of surveys for the detection of offences under this Ordinance.

(b) The registration, composition, and prevention of offences under this Ordinance.

(c) The regulation of the reporting of offences under this Ordinance.

(d) All other matters necessary for the effective control and regulation of offences under this Ordinance.

  1. Appeals.-(a) The manner in which appeals may be made, disposed of, and orders passed on appeal may be enforced.

  2. Municipal Fund.-(a) The regulation of the custody and investment of the Municipal Fund.

(b) The regulation of the operation of the Municipal Fund.

(c) The regulation of the maintenance of sinking funds, and other special funds.

(d) The regulation of the application of the Municipal Fund.

  1. Budget.-(a) The form and the manner in which the budget shall be prepared.

(b) The manner in which the budget shall be presented to the Municipal Committee, considered, and sanctioned.

(c) The manner in which the budget session of Municipal Committee may be convened and held.

(d) The manner in which moneys shall be allotted to various Heads.

(e) The manner in which the budget may be revised.

(f) All other matters necessary for the proper and effective budgeting.

  1. Accounts.-(a) The forms in which accounts shall be kept.

(b) The manner in which accounts shall be kept and maintained.

(c) The inspection of accounts by the public.

(d) The preparation, examination; certification and publication of monthly and annual accounts.

(e) All other matters necessary for the proper maintenance of accounts.

  1. Audit.-(a) The manner in which and the authorities by whom the accounts of Municipal Committees shall be audited.

(b) The manner in which the Resident Audit Scheme shall be worked and enforced.

(c) The principles which shall guide the audit authorities.

(d) The powers to be exercised by the audit authorities.

(e) The form of the ,audit report, the particulars which shall be included in the report, and the manner in and the period during which action shall be taken thereon.

(f) All other matters necessary for the effective audit of the accounts.

  1. Surcharge.-(a) The manner in which the liability of any person for any loss, waste, or misapplication of the funds or property of a Municipal Committee shall be determined.

(b) The form of the certificate of surcharge.

(c) The manner in which the notice of surcharge shall be given and served.

(d) The manner in which the order of surcharge shall be passed.

(e) Appeals against the order of surcharge.

(f) The manner in which the amount surcharged shall be recovered.

(g) All other matters necessary for preventing any loss, waste, or misapplication of the funds or property of a Municipal Committee, and making good of such loss, waste, or misapplication.

  1. Loans.-(a) The purpose for which loans may be raised.

(b) The limiting of the amount of loan which may be taken by a Municipal Committee.

(c) The manner in which a loan may be obtained from the Government or from a bank or the public.

(d) The manner in which the loan shall be repaid.

(e) The manner in which accounts relating to loans shall be maintained.

  1. Grants.-(a) The giving of grants to Municipal Committees.

(b) The terms and conditions subject to which grants shall be paid and spent:

(c) All other matters necessary for subsidizing the activities of Municipal Committees.

  1. Municipal property.-(a) The management and maintenance of property belonging to or vesting in the Municipal Committees.

(b) Vesting of the property in Municipal Committees.

(c) The framing and enforcement of Property Development Schemes with the sanction of the Controlling Authority.

(d) The registration, verification, and stock-taking of property, and the maintenance of maps and plans thereof.

(e) The manner is which property may be acquired.

(f) The? manner in which property may be alienated.

(g) All other matters necessary for the effective control, use and manage?ment of property belonging to, or vesting in, the Municipal Committee.

  1. Municipal Taxation.-(a) The manner in which taxes, rates, fees, tolls and other charges under this Ordinance may be imposed, levied, assessed, collected, leased, compounded, administered and regulated.

(b) The obligations of the tax-payers, including the furnishing of information and the presentation of accounts.

(c) The duties and powers of the officials and other agencies for the assessment and collection of taxes, rates, tolls and fees, and other charges.

(d) The manner in which annual taxation programme shall be framed and enforced.

(e) Appeals against the assessment and collection of taxes rates, tolls, fees, and other charges:

  1. Octroi.-(a) The specifying of the limits for the purpose of the collection of octroi and the fixation of octroi barriers.

(b) The working of octroi posts and other octroi offices.

(c) The presentation of goods and animals liable to octroi at the octroi posts and octroi offices.

(d) The manner with regard to the assessment and collection of octroi on goods or animals,

(i) imported by road ; (ii) imported by rail ;

(iii) imported by air ;

(iv) imported through parcel post ; (v) imported through private motor cars.

(e) The import of goods or animals not intended for consumption, use or sale within the municipality.

(f ) The registration of premises, and the charging of octroi at such premises instead of at the octroi posts, and the manner in which the collection of octroi shall be regulated at such premises.

(g) The prevention of the evasion of octroi, checking of goods in the municipality. liable to the payment of octroi, the organisation of octroi raids and the adoption. of such other measures as may be necessary for the effective administration of octroi.

  1. Recovery of taxes and other dues.-(a) The issuing of bills and notices for the recovery of taxes and other dues, and the manner for the service of such bills and notices.

(b) The manner in which any demand shall be declared as an arrear and the manner in which an arrear shall be recovered.

(c) The manner for the very of any tax or other dues by distress and sale of the movable property of. the defaulter.

(d) The manner in which any amount which is not recoverable may be written off.

26 Sanitation.-(a) The manner in which Sanitary Surveys shall be undertaken, and Sanitary Schemes shall be framed and implemented.

(b) The standards for sanitation.

(c) Such other matters as may be necessary for the effective sanitation of the municipality.

  1. Infectious diseases.-(a) The measures to be adopted for the prevention of infectious diseases, and the steps to be taken on the Outbreak of any infectious diseases to restrain infection.

(b) The working of the hospitals for the treatment of infectious diseases, and the removal of patients to such hospitals.

(c) The powers which may be vested in a Municipal Committee for combating any infectious disease or infection.

  1. Hospitals and Dispensaries.-(a) The maintenance, management, and administration of municipal hospitals and dispensaries.

(b) The standard which shall be maintained by municipal hospitals and dispensaries with regard to the provision of drugs, medicines, apparatuses, appliances, furniture, equipments and other necessities.

  1. Water-supply.-(a) The preparation and enforcement of Water? supply schemes.

(b) The manner for the laying out of the water mains and pipes in streets.

(c) The maintenance of water works.

  1. Drainage.-(a) The preparation and implementation of Drainage Schemes.

(b) The maintenance of drainage works.

(c) The disposal of sullage, and the maintenance of disposal works,

  1. Water-courses.-(a) The declaration of the courses of water as public water-courses.

(b) The declaration of any part of a public water-course as a public ferry.

(c) The exploitation of fisheries by Municipal Committees in public water-courses within Municipalities.

(d) The arrangements to be made for saving life at public water-courses.

(e) The management, and operation of public ferries.

(f) The tolls to be levied at public ferries.

  1. Milk supply.-(a) The preparation and implementation of Milk Supply Schemes.

(b) The establishment and regulation of milkmen's colonies.

(c) The establishment and maintenance of dairies by Municipal Committees.

  1. Public Markets.-(a) The establishment, maintenance and inspec?tion of public markets.

(b) The amenities to be provided in public markets.

  1. Slaughter-houses.-(a) The establishment, maintenance, and inspec?tion of slaughter-houses.

  2. Animals.-(a) The establishment, maintenance and administration of veterinary hospitals and dispensaries.

(b) The establishment, maintenance, and administration of cattle ponds.

(c) The establishment and maintenance of animal homes.

(d) The establishment and maintenance of cattle farms and poultry farms by Municipal Committees.

(e) The framing and enforcement of livestock improvement schemes.

(f) The establishment, maintenance, and administration of markets for the sale of animals, and cattle shows and fairs.

  1. Town Planning. -(a) The manner in which the Master Plan for a municipality shall be prepared and enforced.

(b) The manner in which the Site Development Schemes shall be framed and enforced.

(c) All other matters necessary for effective town planning.

  1. Building Control.-The manner in which a Municipal Committee shall exercise control and regulate the erection and re-erection of buildings in a municipality.

  2. Streets.-(a) The regulation of the layout of streets, the prescrip?tion of street lines and building lines.

(b) The regulation of the pavement of streets and the execution of other works by persons owning premises abutting on adjoining streets.

(c) The preparation, sanction and implementation of programmes for the maintenance of roads and streets.

(d) The naming of roads and streets.

(e) The -manner in which a private road 'or street may be converted into a public road or street.

(f) The definition and prevention of nuisances and offences pertaining to streets.

(g) All other matters necessary for the proper maintenance, preserva?tion, protection and improvement of streets.

  1. Fire Fighting.-(a) The maintenance of fire brigades by the Munici?pal Committees.

(b) The number of fire stations, the strength of staff of the fire brigade, and the implements, machinery and equipments to be provided for various fire stations.

(c) The training, discipline, and good conduct of men belonging to the fire brigades.

(d) The administration of fire-fighting service, and its maintenance in a due state of efficiency.

(e) The inspection of the fire-fighting service, and the submission of returns and reports.

(f ) The grant of rewards, gratuities, and certificates to persons who have rendered effective service on the occasion of a fire.

(g) The provision for requiring persons and establishments to take such measures for reducing risks of fire and for fire-fighting as maybe specified.

(h) All other matters necessary for promoting the efficiency of the fire?fighting service. ,

  1. Dangerous and offensive trades.-(a) The specifying of articles which shall be deemed to be dangerous or offensive, or to be, or likely to be, a nuisance to the public or dangerous to life, health, or property.

(b) The specifying of the trades which shall be deemed to be dangerous or offensive, or to be or likely to be, a nuisance to the public or dangerous to life, health or property, either by the nature of the trades or by reason of the mariner in which or the conditions under which the trades or any manufacturing process, industry or operation connected with such trades is carried on.

  1. Arboriculture.-(a) The framing and enforcement of Arboriculture Plans.

(b) The reports and returns that shall be prepared periodically about the progress of Arboriculture Plans and the authorities to whom such reports and returns shall be forwarded.

(c) The laying out of public gardens and open spaces, and their maintenance.

(d) The framing and enforcement of Garden Development Plans.

(e) The maintenance of forests by Municipal Committees.

(f) The specifying of the pests of trees and plants, and the manner in which such pests shall be destroyed or eradicated.

(g) All other matters necessary for ,promoting arboriculture wealth in the country.

  1. Education.-(a) The educational institutions which shall be maintained by Municipal Committees.

(b) The educational institutions which may be maintained by Municipal Committees and the terms and conditions subject to which such institutions shall be maintained.

(c) The standards to which the institutions maintained by Municipal Committees shall conform in respect of buildings, equipments, staff and other matters relating to administration and finance.

(d) The inspection of educational institutions, maintained by Municipal Committees, the publication of inspection notes, and the taking of action thereon.

(e) The payment of grants to Municipal Committees for the maintenance of educational institutions.

(f) The making of education surveys, and the particulars to be? included in such surveys.

(g) The making of Educational Development Plans anti their implemen?tation and enforcement.

(h) The matters pertaining to the enforcement of compulsory education.

(i) The education of adults, women, the? and? capped persons, and socially backward classes.

(j) The establishment and grant of scholarships.

(k) The establishment and operation of funds for the granting of loans for studies, and their payment.

(1) The fixing of the fees that may be levied in educational institutions.

(m) The giving of financial aid to educational institutions maintained by private organisations.

(n) The regulation of the appointment of managing committees or managers for educational institutions and the prescription of duties and powers of such managing committees or managers

(o) The making and implementation of schemes for making educational institutions financially self-sufficient.

(p) The supply of milk and meals to school children.

(q) The medical inspection of school children.

(r) The promotion of schemes for the supply of hooks, stationery and other educational requirements to school children.

(s) Matters pertaining to the amelioration of the conditions of teachers.

(t) All other matters necessary for educational advancement in the municipality.

  1. Libraries.-(a) The establishment, maintenance and general working of s public libraries and reading rooms.

(b) The construction of buildings for public libraries and reading rooms and their equipment.

(c) The enrolment of members, the levying of fees and finance, and the requiring of security deposits.

(d) The preservation and protection of books.

(e) The stock-taking of books every year.

(f) The maintenance of circulating libraries.

(g) The training of library staff.

(h) The framing and enforcement of schemes for the expansion and improvement of library services.

(f) All other matters likely to improve the working of libraries and reading rooms.

  1. Maktibs.-(a) The establishment of maktibs.

(b) The manner in which maktibs shall be maintained and managed. (c) The courses of studies at maktibs.

(d) The manner in which maktibs and other recognised schools shall be co-ordinated.

  1. Social Welfare.-(a) The manner in which the welfare aspect of the functions of Municipal Committees shall be emphasised.

(b) The registration of social service organisations, and the inspection and co-ordination of such organisations.

(c) The framing and implementation of social service schemes.

(d) The giving of financial assistance to social service organisations.

(e) The organisation of-social service volunteers, their training, conduct, discipline, powers and duties.

(f) The organisation of Social Welfare Department under Municipal Committees, and the definition of the functions and powers of such depart?ments.

(g) The appointment of Social Welfare Officers and the prescription of their duties and powers.

(h) The making of schemes for the relief of persons in distress and the enforcement of such schemes.

(i) The mitigation and prevention of social evils.

(j) All other matters necessary for the promotion of social welfare.

  1. Development.-(a) The manner in which the Development Plans of Municipal Committees shall be prepared, co-ordinated and sanctioned.

(b) The manner in which the Development Plans shall be financed, executed, implemented and supervised.

(c) The specifying of the agencies through which the Development Plans shall be executed and implemented.

(d) The specifying of the period of the Development Plans.

(e) The manner in which the progress of a Development Plan shall be;

(f) The reports and returns that shall be submitted about the imple?mentation of a Development Plan.

(g) The manner in which community development projects shall be promoted, sponsored, framed, sanctioned, and executed.

(h) All other matters necessary for the proper planning and efficient execution of community development.

  1. Public utility enterprises.-(a) The specifying of the public utility enterprises that may be undertaken by Municipal Committees.

(b) The manner in which public utility enterprises may be undertaken by Municipal Committees and the terms and conditions subject to which such enterprises shall be undertaken.

(c) The operation of public utility enterprises.

(d) The maintenance and operation of funds for public utility enterprises.

(e) All other matters necessary for the effective operation of public utility enterprises.

  1. Local Government Training Institutions.-(a) The compulsory training of the staff' and members of Municipal Committees.

(b) The curricula of such training.

(c) The holding of examinations, convocations, and the award of certificates and diplomas.

(d) Scholarships, medals, prizes and study tours for the staff.

(e) The administration of schools, colleges, and other institutions for such training.

THE FIFTH SCHEDULE

MATTERS RESPECTING WHICH BYE-LAWS MAY BE FRAMED

(See section 122)

  1. Licences.-(a) The manner in which licences, sanctions and permis sions shall be granted.

(b) The form of licences, sanctions and permits.

(c) The manner in which licences, sanctions and permits shall be registered, held and inspected.

(d) The fees that shall be levied for licences, sanctions and permissions.

  1. Notices.-(a) The form of public notices, special notices and other notices.

(b) Notice-boards and the fixing of notices thereon.

(c) The manner for the service of notices.

(d) All other measures necessary for bringing to the notice of the public or persons concerned such matters as may be necessary.

  1. Fairs and festivals.-(a) The holding and celebration of public and private fairs and festivals.

(b) The licensing of lodging houses, shops, places of entertainment at the site of the fairs or festivals.

(c) The licensing of private fairs.

(d) The definition of nuisances and offences at the site of fairs and festivals, and the prevention of such nuisances and offences.

(e) The inspection of the site of fairs and festivals.

(f) The protection of the health of the people attending the fairs and festivals.

(g) The regulation of the traffic to and from the fairs and festivals.

(h) All other matters necessary for ensuring proper order and conduct at the fairs and festivals.

  1. Recreation.-(a) The provision, promotion, or subsidization of facilities for public recreation, entertainment, amusement, and other cultural activities.

(b) The regulation of the conduct of people in places of public recrea tion, amusement and entertainment in the interest of public convenience, safety and order.

(c) The licensing of places and premises for public recreation, entertain ment and amusement under private management, including the levying of fees for such licences.

(d) All other matters necessary for public recreation; amusement and entertainment.

  1. Sanitation.-(a) The licensing of private sweepers.

(b) The matters pertaining to the sanitation of lands and buildings.

(c) The regulation of the sweeping and cleanliness of public and private streets.

(d) The inspection and visiting of lands and buildings for the purposes of sanitation.

(e) The removal and collection of refuse.

(f) The disposal of refuse by owners of premises.

(g) The definition of nuisances pertaining to sanitation and the abate ment and prevention of such nuisances.

(h) The making of sanitary surveys.

(i) The making and enforcement of sanitary schemes.

(j) The construction, maintenance and inspection of public and private latrines and urinals.

(k) The providing of receptacles and vehicles for the removal, collection and carriage of refuse.

(l) The providing of trenching grounds, incinerations, septic tanks and other devices for the disposal of refuse.

(m) The duties and obligations of the public with regard to sanitation.

(n) The promotion of education in sanitation.

(o) All other matters necessary for the effective promotion of sanitation.

  1. Registration of births, deaths, marriages and the taking of census. ----The regulation of the registration of births, deaths, and marriages.

  2. Infectious diseases.-(a) The restraint, segregation and isolation .of .f persons suffering from any infectious diseases.

(b) The removal, disinfection, and destruction of personal effects, goods .and other property exposed to infection.

(c) The disinfection of buildings and conveyances.

(d) The removal to hospitals and the treatment of persons suffering from any infectious disease or likely to suffer from any such disease owing to exposure to infection.

(e) The speedy burial or, cremation of the bodies of persons who have died from any infectious disease.

(f) Matters relating to house to house visiting and inspection.

(g) The duties and obligations of the public with regard to the preven tion of the spread of any infectious disease.

(h) The trade or profession of washermen, dairymen, hawkers, selling articles of food and drink, traders in rags, bones, second-hand clothings and such other trades and professions as may be specified in so far as such trades and professions concern the spread of infection.

(i) The destruction of flies, insects, rats, rodents, and other vermin, and the removal or abatement of conditions permitting the prevalence or multiplication of such insects, rodents and vermin.

(j) All other measures likely to control, restrain and prevent infectious diseases.

  1. Burial and burning places.-(a) The maintenance and licensing of public and private burial and burning grounds.

(b) The laying out, enclosing, fencing and providing roads and paths in public and private burial and burning places.

(c) The preservation of graves, monuments, tomb-stones and other works in public and private burial and burning places.

(d) The provision and improvement of public and private burial and burning places.

(e) The licensing of grave-diggers and other' persons working at public or private burial or burning places and the fees to be charged for such licences.

(f) The fees to be charged for burial and burning in public or private burial or burning places.

(g) The manner in which dead bodies shall be buried or burnt.

(h) The construction of graves and their registration.

(i) The removal of encroachments on public or private burial or burning places.

(j) The definition and prevention of offences pertaining to burial and burning places.

(k) The provision of conveniences and amenities at public and private burial or burning places.

(l) The carriage of dead bodies to burial and burning places and the prescription of routes to be followed.

(m) The provision for the burial and burning of the indigent and the poor..

(n) The burial and burning of persons who die of infectious diseases.

(o) All other matters necessary for the proper maintenance of burial and burning grounds and the effective and proper disposal of the dead.

  1. ' Offensive and dangerous trades.-(a) The regulation of offensive trades.

(b) The storing and keeping of dangerous and offensive articles.

(c) The definition, abatement and prevention of nuisances pertaining to -dangerous and offensive trades.

  1. Nuisances.-(a) The inspection of the, municipal area to ascertain the existence of nuisances.

(b) The reporting of nuisances.

(c) Matters pertaining to the abatement of nuisances.

  1. Encroachments.-(a) The licensing of encroachments.

(b) The removal of unlicensed encroachments.

(c) The fees to be levied for the licensing of encroachments.

(d) All other matters necessary for the effective regulation and control of encroachments.

  1. Vehicles.-(a) The licensing of public vehicles, drivers of public vehicles, the horses and other animals and persons to be used for carrying or propelling such vehicles.

(b) The prescription of a uniform and the wearing of badges by persons driving or propelling public vehicles.

(c) The branding of licensed horses and other animals.

(d) The medical inspection of persons propelling public vehicles. .

(e) The restriction of the number of public vehicles to be licensed.

(f) The inspection of public vehicles, horses and animals used for carry ing public vehicles and the premises where such vehicles, horses and animals are kept.

(g) The provision of stands and the manner of their use.

(h) The regulation of the conduct of drivers. and persons in charge of vehicles.

(i) The definition of offences pertaining to public vehicles.

(j) The regulation- of the use of vehicles other than public vehicles.

(k) All other matters necessary for improving the service of public vehicles.

  1. Traffic.-(a) The regulation of traffic.

(b) The rules of the road.

(c) The code of traffic signs and signals.

(d) The regulation of various classes of vehicles.

(e) The prohibition of vehicular traffic in streets and areas to be specified.

(f) The limiting of speed.

(g) The restriction of unwieldly traffic.

(h) The regulation of the hours of lighting.

(i) The obligations of the people in the matter of traffic and their educa tion in the rules of the road.

(j) All other matters necessary for the effective control of traffic.

  1. Buildings.-(a) The regulation 'of the erection and re-erection of buildings.

(b) The manner in which building applications for sanction shall be submitted, registered, scrutinized and sanctioned.

(c) The approval of the site.

(d) The specifying of the grounds op which a building application may be rejected.

(e) The regulation of the height, level, slope, ventilation, drainage, pave ment of floors, lighting, number of storeys, the dimensions of rooms, the material to be used, latrines, fire places, smoke-escapes, chimneys, kitchens, servant quarters, godowns, garages, foundations, doors, windows, arrange ments for the prevention of fire, courtyard and stairs.

(f) The space to be left around building, for the circulation of air and the line of frontage beyond which the building shall not abut.

(g) The determining of the use to which a building may be put.

(h) Provision for requiring the compulsory appointment of persons to supervise the work of the erection and re-erection of buildings or of specified class or classes of buildings, and the qualifications of such persons.

(i) The regulation of the architectural design of buildings.

( j) The inspection of buildings, the stopping of work proceedings in an unauthorized manner, the giving of certificates on the completion of buildings, the demolition of buildings erected in an unauthorised manner, and the making of appeals against the orders of demolition.

(k) The precautions that shall be taken in the erection or re-erection of buildings, the manner in which scaffoldings shall be constructed, the manner in which buildings under construction shall be lighted at night.

(1) The licensing of masons, and other professional workers employed on construction work.

(m) The fees that may be levied for the construction of buildings.

(n) The making of surveys for the detection of buildings constructed in an unauthorized manner, the registration of such buildings, and the taking of action with regard thereto.

(o) The definition of offences pertaining to erection and re-erection of buildings, and their prevention.

(p) The manner in which offences pertaining to erection and re-erection of buildings may be compounded.

(q) All other matters necessary for enabling the Municipal Committee .to exercise effective building control in the interests of public health, public convenience and public safety.

  1. Arboriculture.-(a) The plantation of trees on open private lands and premises and the obligations of the owners and occupiers of such lands and premises regarding the preservation and protection of plants and trees.

(b) The prohibition of the felling or cutting of any immature trees in any area except with the sanction of the Municipal Committee and the regulation of the conditions for the grant of such permission.

(c) The regulation of the clearance of lands and premises overgrown with rank or noxious vegetation.

(d) The regulation of the conduct of persons visiting public gardens and public open spaces.

(e) The felling of dangerous trees, and the felling of overhanging branches.

(f) The regulation of hedges facing streets.

(g) The definition of offences pertaining to trees, and their prevention.

(h) The prohibition of the cultivation of dangerous crops in residential areas.

  1. Parks.-(a) The conditions subject to which any person may enter or reside in a park.

(b) The hours and the conditions subject to which parks shall be open to public.

(c) The regulation of traffic in parks.

(d) The preservation, control, management of parks.

(e) The protection of the indigenous flora and fauna.

(f) The protection of trees, rocks, fences, seats and other objects in parks.

(g) The regulation of the use of parks.

(h) The fees which may be levied for admission into '.parks or for the enjoyment of any of the facilities or amenities provided in the parks.

(i) The powers and duties of the officials in charge of the parks, includ ing the powers to exclude any member of the public from the parks or any part thereof.

(j) All other matters necessary or expedient for the effective preservation, protection and management of parks.

  1. Tanks etc.-All matters pertaining to the excavation and re-exca vation of tanks and reclamation of low lying areas.

  2. Fire Fighting.-(a) The regulation, inspection and compulsory insu rance of buildings exposed to the risk of fire.

(b) The procedure for the giving of an alarm on the occurrence of a fire.

(c) The levying of charges on insurance companies in the event of any fire in an insured building.

(d) All other measures likely to minimise the risk of fire and necessary for the speedy control of fire.

  1. Water-Supply.-(a) The regulation of the making, maintenance, inspection, supervision, closing and cutting of private water connections.

(b) The regulation of the use of water supplied through private water connections.

(c) The charge to be levied for the supply of water.

(d) The regulation of the sources of private water-supply.

(e) The definition and prevention of nuisances pertaining to sources and works of public and private water-supply.

  1. Drainage.-(a) The provision for the construction of private drains including their material, size, lay-out, ventilation, level trapping and position.

(b) The connection of private drains with public drains.

(c) The-maintenance, cleanliness and inspection of drains.

(d) The provision for the employment of staff in connection with the cleaning of private and public drains.

(e) The enforcement of drainage for undrained land, ponds and buildings by a combined operation or otherwise.

( f ) The disposal of sullage.

(g) The administration of sullage farms.

(h) The working of works for the disposal of sullage.

(i) The regulation of private drains.

(j) The definition and prevention of nuisances and offences pertaining to drainage.

(k) The provision for the construction and regulation of cess-pools.

(1) The prohibition of the construction of a building in any area for which there is no proper system of drainage.

(m) The provision for the covering up of drains, provision of drain crossings and prohibition of the construction of buildings on drains.

(n) All other matters necessary for the effective drainage of the local area or the maintenance of drains in a sanitary state.

  1. Public Water-courses.-(a) The regulation, of the use of public water-courses.

(b) The licensing of boats and other vessels plying for hire in public water-courses.

(c) The definition of aquatic pests and their destruction.

(d) All other matters necessary for the proper maintenance of public water-courses and their protection from contamination.

  1. Markets.-(a) The provision for the establishment, maintenance, inspection and improvement of markets.

(b) The regulation of the prices of articles sold in the market.

(c) The licensing of private markets.

(d) The definition and prevention of nuisances in markets.

(e) The allotment of stalls and stands.

(f) The control of traffic, and the preservation of order within the markets and their immediate vicinity.

(g) The provision for the due performance of their duties by market .keepers, and the persons exercising their professions or callings within the markets.

(h) All other matters necessary for the proper maintenance and general improvement of the markets.

  1. Milk Supply.-(a) The regulation of the grant and withdrawal of licences to and from persons selling or exposing for sale, milk, importing milk for sale, or keeping milch cattle for the sale of milk.

(b) The regulation of the grant and withdrawal of licences for premises for the sale or exposure for sale of milk, the manufacture of butter, ghee and other milk and dairy products and the keeping of milch cattle or a dairy.

(c) The definition and prevention of mal-practices with regard to milk trade.

(d) All other measures necessary for ensuring the purity of milk supply.

  1. Animals.-(a) The definition of the contagious diseases of animals.

(b) The measures to be adopted for the prevention -of the spread of con tagious diseases among animals.

(c) The compulsory inoculation or destruction of animals suffering from any contagious disease.

(d) The seizure, detention, and impounding of animals found astray.

(e) The regulation of the tethering and picketing of animals in streets and private premises.

(f) The prohibition of the keeping of animals in premises meant for residence by human beings.

(g) The compulsory registration of the sale of cattle.

(h) The licensing of animals.

(i) The branding of animals.

(j) The castratim of animals.

(k) The definition of dangerous animals and the manner in which they shall be detained, destroyed or disposed of.

(I) The licensing of public contests, public exhibitions and public per formances of animals and birds and the prohibition of the sale of animals in markets not approved and licensed by the Municipal Committee.

(m) the licensing of stables.

  1. Slaughter-houses.-(a) The regulation of the slaughter of animals at the slaughter-houses.

(b) The inspection of animals before slaughter and the inspection of meat after slaughter.

(c) The fixing of the hours during which the slaughter-houses shall be opened for the slaughter of animals.

(d) The sanitation of slaughter-houses and the disposal of blood, offal, refuse and other offensive matter.

(e) The licensing of persons authorized to slaughter animals at the slaughter-houses.

(f) The levying of fees for the slaughter. of animals.

(g) The destruction or disposal otherwise of any flesh produced at the slaughter-houses found not fit for human consumption.

(h) The prohibition within the municipality of the sale of any flesh, other than cured or preserved meat, not slaughtered at any approved slaughter house, and the destruction or disposal otherwise of such flesh.

(i) The prohibition of the sale of any meat at the premises of the slaughter-houses.

(j) The regulation of the carriage of meat from the slaughter houses.

(k) The inspection of unauthorized places of slaughter and the seizure and forfeiture of animals and meat at such unauthorized places.

(1) All other matters necessary for the effective regulation of the slaughter of animals, and efficient working of the slaughter-houses.

++THE SIXTH SCHEDULE++

MATTERS RESPECTING WHICH REGULATIONS MAY BE FRAMED.

(See section 123)

(a) Conduct of business of Municipal Committees.

(b) Prescription of quorum.

(c) The interpollation of Chairman on matters pertaining to the adminis tration of the Municipal Committee.

(d) The moving of the motions of adjournment to call attention to public grievances.

(e) The moving of vote of no-confidence against the Vice-Chairman.

(f) The requisitioning of meetings.

(g) The recording of minutes.

(h) The execution of resolutions.

(i) The constitution of Sub-Committees and Joint Committees.

( j) The co-option of persons on Sub-Committees.

(k) The custody and use of the common seal.

(1) The organisation of the municipal office into departments and branches and the definition of the duties of various departments and branches.

(m) The delegation of powers by a Municipal Committee to its Chairman and Vice-Chairman.

(n) The delegation of the powers of the Chairman to any officers of the Municipal Committee.

(o) All other matters of procedural nature or required under any of the provisions of this Ordinance to be provided in the regulations.

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