178. Notice of intention to erect building or make well. -

(1) Before beginning, within the limits [municipal area], -

(a) to erect a new building or new part of a building, or

(b) to re-erect, or make a material alteration in a buildings, or

(c) to make or enlarge a well; a person shall give notice of his intention to the [Municipality].

(2) The notice referred to in sub-section (1) as required in the case of a building shall only be necessary where the building, abuts on, or is adjacent to, a public street or place, or property vested in Government, or in the [Municipality], unless, by a bye-law applicable to the area in which the building is situated, the necessity of giving notice is extended to all buildings.

(3) An alteration in a building shall, for the purposes of this chapter and of any bye-law, be deemed to be material, if, -

(a) it affects or is likely to affect pre-judicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene, or

(b) it increases or diminishes the height of, area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law, or

(c) it converts into a place for human habitation a building or part of a building originally constructed for other purposes, or

(d) it is an alteration declared by a bye-law made in this behalf to be a material alteration.

179. Plans and specifications required to validate notice. -

(1) Where a bye-law has been made prescribing and requiring any information and plan in addition to a notice, no notice under Section 178 shall be considered to be valid until the information, if any, required by such bye law has been furnished to the satisfaction of the [Municipality].

(2) In any other case, the [Municipality] may, within one week of the receipt of the notice required by Section 178, require a person who has given such notice to furnish a plan and specification of any existing or proposed building, or part of a building, or well together with a site plan of the land, with such reasonable details as the [Municipality] may prescribe in its requisition, and in such case, the notice shall not be considered to be valid until such plans and specification have been furnished to the satisfaction of the [Municipality].

180. Sanction of work by [Municipality]. -

(1) Subject to the provisions of any bye-law the [Municipality] may either refuse to sanction any work of which notice has been given under Section 178 or may sanction it absolutely or subject to, -

(a) any written directions that the [Municipality] deems fit to issue in respect of all or any of the matters mentioned in sub-head (h) of heading A of Section 298, or

(b) a written direction requiring the set-back of the building or part of a building to the regular dine of the street prescribed under Section 222, or, in default of any regular line prescribed under that Section, to the line of frontage of any neighbouring building or buildings.

(2) In the case of refusal to sanction under sub-section (1), the [Municipality] shall communicate in writing the reasons for such refusal to the person giving notice under Section 178.

(3) Should the [Municipality] neglect or omit for one month after the receipt of a valid notice under Section 178 to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by a written communication call the attention of the [Municipality] to the omission of neglect, and, if such omission or neglect continues for a further period of fifteen days, the [Municipality] shall be deemed to have sanctioned the proposed work absolutely.

(4) Provided that nothing in sub-section (3) shall be construed to authorise any person to act in contravention of this Act or of any bye-law.

[(5) No person shall commence any work of which notice has been given under Section 178 until sanction has been given or deemed to have been given under this section.]

[(6) The] [Municipality] may within six months cancel or modify a sanction granted by it under sub-section (1) if it is found that the sanction was secured through fraud or misrepresentation and any work done thereunder shall be deemed to have been done without such sanction :

Provided that before cancelling or modifying any sanction, the [Municipality] shall give a reasonable opportunity to the party concerned of being heard.

180A. Restriction on the power of a [Municipality] to sanction construction of a place of entertainment in certain cases. -

Notwithstanding anything contained in this Act, or any bye law made thereunder, the construction of, or any addition to any building of public entertainment or any addition thereto, shall not, except with the previous approval of the State Government, be sanctioned by a [Municipality], if the site of, or proposed for such building is, -

(a) within a radius of one furlong from -

(i) any residential institution attached to a recognized educational institution such a college, a high school or girls' school, or

(ii) a public hospital with a large indoor patient ward, or

(iii) an orphanage containing one hundred or more in mates; or

(b) in any thickly populated residential area which is either exclusively residential or reserved or used generally for residential as distinguished from business purposes; or

(c) in any area reserved for residential purposes by any housing or planning scheme or otherwise under any enactment :

Provided that no permission to construct any building intended to be used for cinematograph exhibition shall be given unless the [Municipality] is satisfied that sanction to the plans and specifications have been obtained in accordance with the rules famed under the Cinematograph Act, 1918. [* * *]

181. Duration of sanction. -

(1) A sanction given or deemed to have been given by a [Municipality] under [Section 180] shall be available for one year or for such lesser period as may be prescribed by bye-law [unless it is extended by the] [Municipality] for a further period up to one year.

(2) After the expiry of the said period the proposed work may not be commenced except in pursuance of a fresh sanction applied for and granted under the [same] section.

182. inspection of works requiring sanction. -

The [President], the executive officer and if authorised in this behalf by resolution any other member, officer or servant of the [Municipality] may, at any time and without warning inspect any work in respect of which notice is required under Section 178, -

(a) while under construction, or

(b) within one month of the receipt of a report that it has been completed or, in default of such report, any time after completion.

183. Compensation for damage sustained through order passed under Section 180. -

Notwithstanding anything contained in Section 125, a person giving notice under Section 178, shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a [Municipality] under Section 180, unless, -

(a) the order is passed on some ground other than the proposed work would contravene a bye-law or be prejudicial to the health or safety of the public or any person, or

(b) the order contains a direction of the nature specified in clause (b) of sub-section (1) of Section 180, or

(c) the order is an order of refusal to sanction the re-erection of a building on the ground that it is unsuitable in plan or design to the locality, or is intended for a purpose unsuitable to the locality, or contravenes a bye-law under sub-head (f) of heading A of Section 298.

184. Effect of sanction under Section 180. -

(1) A sanction given or deemed to have been given under Section 180 shall not, beyond exempting the person to whom the sanction is given or deemed to have been given from any penalty or consequence to which he would otherwise beliable under Sections 185, 186 or 222, confer or extinguish any right or disability, or operate as an estoppel or admission or affect any title to property or have any other legal effect whatsoever.

(2) In particular such sanction shall not operate to relieve any person from the obligation imposed by Section 209 to obtain separate sanction for any structure referred to therein.

185. Illegal erection or alteration of a building. -

Whoever begins, continues or completes the erection or re-erection of, or any material alteration in a building or part of a building or the construction or enlargement of a well, without giving the notice required by Section 178, or in contravention [of the provisions of Section 180, sub-section (5) or], of an order of the [Municipality] refusing sanction or any written directions made by the [Municipality] under Section 180 or any bye-law, shall be liable upon conviction to a fine which may extend to [one thousand rupees but which, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, shall not be less than two hundred and fifty rupees].

186. Power of [Municipality] to stop erection 2nd to demolish building erected. -

The [Municipality] may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case where the [Municipality] considers that such erection, re-erection, alteration, construction or enlargement is an offence under Section 185 and may, in like manner, direct the alteration or demolition as it deems necessary of the building, part of a building, or the well, as the case may be.

Extinction of fire

187. Establishment and maintenance of fire-brigade. -

The [Municipality] may establish and maintain a fire-brigade and may provide any implements, machinery, or means of communicating intelligence which it thinks necessary for the prevention and extinction of fire.

188. Power of fire-brigade and other persons for suppression of fires. -

(1) On the occasion of a fire in a [municipal area] any Magistrate, any member of the [Municipality], the executive officer, the engineer or a secretary of the [Municipality], or any member of the fire-brigade directing its operations and (if required so to do by a Magistrate, a member of the [Municipality], the executive officer, the engineer or a secretary of the [Municipality]), any police officer above the rank of constable, may, -

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

(b) close any street or passage in or near which a 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 used for the passage of hoses or other appliances any premises;

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

(e) call ort the person in-charge of a fire-engine to render such assistance as may be possible; and

(f) generally take such measures as may appear necessary for the preservation of life or property.

(2) No person shall be liable to pay damages for an act done by him under sub-section (1) in good faith.

(3) Any damage done in the exercise of a power conferred for a duty imposed by this section shall be deemed to be damaged by fire within the meaning of a policy of insurance against fire.

Public drains

189. Construction of public drains. -

(1) The [Municipality] may construct, within, or, subject to the provisions of sub-section (2) of Section 120, outside the [municipal area], such drain as it thinks necessary for keeping the [municipal area] properly cleansed and drained and carry such drains through, across or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through or under any buildings or land.

(2) Provided that no drain shall be constructed within the limits of a cantonment without the approval of the [State Government] and otherwise than with the concurrence of the General Officer Commanding of the division in which such cantonment is situate or, in the event of such concurrence being withheld, the previous sanction of the [Central Government].

190. Alteration of public drains. -

(1) The [Municipality] may, from time to time, enlarge, lessen, alter the course of, cover in or otherwise improve a public drain and may discontinue, close up or remove any such drain.

(2) The exercise of the power conferred by sub-section (1) shall be subject to the condition that the [Municipality] shall provide another and equally effective drain in place of any existing drain of the use of which any person is deprived by the exercise of the said power.

191. Use of public drains by private owners. -

(1) The owner or occupier of a building or land within the [municipal area] shall be entitled to cause his drains to empty into the drains of the [Municipality], provided that he first obtains the written permission of the [Municipality], and that he complies with such conditions consistent with any bye-law as the [Municipality] prescribes as to the mode in which, and the superintendence under which the communications are to be made between drains not vested in the [Municipality] and drains which are so vested.

(2) Whoever, without the written permission of the [Municipality] or in contravention of any bye-law or of any direction or condition made or imposed under sub-section (1), makes or causes to be made or alters or causes to be altered, a connection of a drain belonging to himself or to some other person with a drain vested in the [Municipality], shall be liable upon conviction to a fine which may extend to fifty rupees, and the [Municipality] may by written notice require such person to close, demolish, alter, remake or otherwise deal with such connection as it deems fit.

192. Power of [Municipality] to enforce drainage connection with public drains. -

(1) When a building or land situated within one hundred feet of a public drain is at any time not drained to the satisfaction of the [Municipality] by any or a sufficient drainage connection with such drain the [Municipality] may, by notice require the owner or occupier of such building or land to make and maintain a drainage connection with the drain in such manner as the [Municipality], subject to the provisions of any bye-law directs.

(2) The provisions of Sections 306 to 312 (inclusive) shall apply to default in compliance with any such requisition, notwithstanding that part of the land through which the said drainage connection is required to pass may not belong to the person so making default, unless he shall prove that the default was caused by the act of the owner or occupier of such last mentioned land, and he has made application to the [Municipality] under Section 193.

193. Power of private person to carry a drain through the land of another person. -

(1) Any person desiring that an existing or proposed drain on his land shall be carried through or under the building or land, or connected with the drain, of another person owning a building or land abutting on, or a drain connected with a municipal drain my apply to the [Municipality].

(2) The [Municipality] on receiving an application under sub-section (1) may call upon the other person to show cause, within specified period, why the applicant's drain should not be carried through or under his building or land or connected with his drain.

(3) The [Municipality] shall hear any objection made by such person if submitted within the specified period, and thereafter, if it considers that the drain or drainage connection shall be made, shall record and order to this effect.

(4) The order shall set out in writing, -

(a) the period within which the parties shall come to an agreement as to the construction of the drain or drainage connection;

(b) the period within which the drain or drainage connection shall be made;

(c) the respective responsibilities on the parties concerned for the maintenance, repair and cleansing of the drain or drainage connection when made; and

(d) the sum (if any) payable, whether in the form of rent or otherwise, by the person making the application to the owner of the land, building or drain, as the case may be.

(5) If the sum awarded under clause (d) of sub-section (4) takes the form of a lump payment, the [Municipality] may recover it in the manner provided by Chapter VI and pay any sum recovered to the person to whom it is due. If a rent has been awarded, the person to whom it is due may recover it by suit in any civil court having jurisdiction.

(6) If the parties concerned fail to agree within the period specified in the order, or if the drain or drainage connection is not constructed within the period specified for its construction, the [Municipality] may itself construct it and may recover the cost from the applicant in the manner provided by Chapter VI.

194. Right of owner to divert drain on his land. -

The owner of any land into, through or under which a drain has been carried under the provisions of the preceding section may, at any time, with the written permission of the [Municipality] and subject to such conditions as the [Municipality] impose, divert the drain at his own expense.

Scavenging and cleansing

195. Definition of house-scavenging. -

House-scavenging means the removal of filth, rubbish, odour or other offensive matter from the dust-bin, privy, cesspool or other receptable for such matter in or pertaining to a house or a building.

196. Adoption and relinquishment by [Municipality] of house-scavenging, etc. -

Subject to the provisions hereinafter contained with respect to the rights of customary sweepers and of agriculturists, the [Municipality] may, -

(a) by public notice, undertake the house-scavenging of any houses or buildings or the [collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools] in the [municipal area] from a date not less than two months after issue of the notice;

(b) after giving, by public notice or otherwise not less than two months notice to the parties concerned, relinquish an undertaking under clause (a);

(c) on the application or with the consent of the occupier, at any time undertake the house scavenging of a house or building or the [collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools] in any building or on any land or the removal of other offensive matter or rubbish from a building or land, on terms to be fixed by bye-law in this behalf; and

(d) after giving not less than two months notice to the occupier, relinquish an undertaking under clause (c).

197. Objections to adoption. -

(1) The occupier of a house or building affected by a notice issued under clause (a) of Section 196 may at any time after the issue thereof, apply to the [Municipality] to exclude that house or building from the notice.

(2) The [Municipality] shall consider and pass orders upon such application within six weeks of the receipt thereof, and may by such order exclude such house or building from the notice.

(3) In deciding whether to exclude a house or building from the notice, the [Municipality] shall consider, among other matters, the efficiency of the arrangements for house-scavenging made by the occupier.

198. Continuance of house-scavenging once adopted by [Municipality]. -

When the [Municipality] has undertaken the house-scavenging of a house or building under Section 196, it may continue to perform such house-scavenging with or without the consent of the occupier for the time being of such house or building.

199. Powers of municipal servants for house-scavenging. -

The servants of the [Municipality] employed in house-scavenging may, at all reasonable times, do all things necessary for the proper performance of any house-scavenging undertaken by the [Municipality].

200. Savings in favour of customary sweepers and of agriculturists. -

Notwithstanding anything in Section 196, the [Municipality] shall not, except in accordance with the provisions of Sections 201 and 202, -

(a) undertake the house-scavenging of a house or building in respect whereof a sweeper has a customary right to do such house-scavenging without the consent of the sweeper; or

(b) undertake the house-scavenging of a house or building occupied by an agriculturist who himself cultivates a land within [municipal area] or in a village coterminous therewith without the consent of the occupier.

201. Punishment of customary sweepers for negligence. -

(1) Should a sweeper who has a customary right to do the house-scavenging of a house or building (hereinafter called the customary sweeper) fail to perform such house-scavenging in a proper way the occupier of the house or building or the [Municipality] may complain to a Magistrate.

(2) The Magistrate receiving such complaint shall hold an enquiry, and, should it appear to him that the customary sweeper has failed to perform the house-scavenging of the house or building in a proper way or at reasonable intervals, he may impose upon such sweeper a fine which may extend to ten rupees, and upon a second or any later conviction in regard to the same house or building may also direct the right of the customary sweeper to do the house-scavenging of the house or building to be forfeited, and thereupon such right shall be forfeited [:]

[Provided that the Magistrate may at any stage during the pendency of the case under this sub-section authorise the] [Municipality] to undertake the house-scavenging of such house or building till final orders in the case are passed by him.

202. Procedure in case of default by agriculturists. -

(1) Should an agriculturist who himself cultivates land within [municipal area] or in a village coterminous therewith fail to provide for the proper house-scavenging of a house or building occupied by him, the [Municipality] may complain to a Magistrate.

(2) The Magistrate receiving the complaint shall hold an inquiry and should it appear to him that the agriculturist has not provided for the proper house-scavenging of the house or building, he may pass an order empowering the [Municipality] to undertake the same, and thereupon the [Municipality] shall be entitled to undertake such house-scavenging.

Street regulations

203. Provisions of laying out and making a street before the construction of a building on a site which does not abut a public or private street. -

[Except where a site abuts a public or private street, if any person owning or possessing any land not hitherto used for building purposes intends to utilise, sell, lease or otherwise transfer such land or any portion thereof as site for the construction of a building, he shall, before utilising, selling, letting or otherwise transferring such site, lay out and make a street which shall connect such site with an existing public or private street].

[204. Permission to lay out and make a street. -

(1) Every person before beginning to lay out or make a new private street shall submit an application in writing to the] [Municipality] seeking permission to lay out or make such street and shall, alongwith such application, submit plans showing the following particulars, -

(a) the proposed level, direction and width of the street;

(b) the street alignment and the building line and shall also state in the application the arrangements to be made for the levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting of the street.

(2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of a public street and the height of a building abutting thereon shall apply to the case of a street referred to in sub-section (1), and all other particulars referred to in that sub-section shall be subject to the approval of the [Municipality].

(3) Within 60 days after the receipt of an application under sub-section (1) the [Municipality] shall either sanction the laying out or the making of the street on such conditions as it may think fit to impose or disallow it, or ask for further information with respect to it within a specified reasonable period.

(4) Such sanction may be refused, -

(i) if the proposed street would conflict with any arrangements which have been made or which are in the opinion of the [Municipality], likely to be made for carrying out any general scheme of street improvement, or

(ii) if the proposed street does not conform to the provisions of the Act, rules and bye-laws referred to in sub-section (2), or

(iii) if the proposed street is not designed so as to connect at least at one end with a public or a private street which is already connected with a public street.

(5) No person shall lay out or make any new private street or road without, or otherwise than in conformity with the orders of the [Municipality]. If further information is asked for under sub section (3) the laying out or making of the street shall not be commenced until orders have been passed on the application after receipt of such information :

Provided that the passing of such order shall not in any case be delayed by more than 30 days after the [Municipality] has received all the informations which it considers necessary for the final disposal of the application.

[205. Sanction of the] [Municipality] to be presumed for laying out and making of a street in certain cases. -

Should the [Municipality] neglect or omit for 60 days after the receipt of an application under sub-section (1) of Section 204 or if an order has been issued under sub-section (3) asking for further information, fail within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the [Municipality], such person may, by a written communication, call the attention of the [Municipality] to the omission, neglect or failure, and if such omission, neglect or failure continues for a further period of 30 days, the [Municipality] shall be deemed to have sanctioned the laying out and making of the proposed street absolutely :

Provided that nothing contained herein shall be construed to authorise any person to act in contravention of any provisions of the Act or any bye-laws.

206. Duration of sanction. -

(1) A sanction given or deemed to have been given by a [Municipality] under [Sections 204 and 205] shall be available for one year. (2) After the expiry of the said period the proposed street may not be commenced except in pursuance of a further sanction applied for and granted under the foregoing section.

207. Illegal making of a street. -

Whoever begins, continues or completes the laving out or making of a street without giving the notice required by Section [204] or in contravention of any written directions made by the [Municipality] under Section 205 or any bye-law or any provision of this Act shall be liable upon conviction to a fine which may extend to five hundred rupees.

208. Power of [Municipality] to alter unsanctioned street and demolish the same. -

[(1) If any person lays out or makes any street referred to in Section 204, without or otherwise than in conformity with the orders of the] [Municipality], the [Municipality] may, notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing, -

(a) require the offender to show sufficient cause by a written statement signed by him and sent to the [Municipality] on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the [Municipality], or if such alteration be impracticable, why such street should not be demolished, or

(b) require the offender to appear before the [Municipality] either personally or by a duly authorised agent, on such day of such time and place as may be specified in the notice, and show cause as aforesaid.

(2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the [Municipality], the [Municipality] may pass such order directing the alteration or demolition of the street as it thinks fit.

209. Sanction of [Municipality] to projections over streets and drains. -

(1) Subject to any rules made by the [State Government] prescribing the conditions for the sanction by a [Municipality] of projections over streets or drains, a [Municipality] may give written permission, where provision is made by a bye-law for the giving of such permission, -

(a) to the owners or occupiers of buildings in or on streets to erect or re-erect open verandahs, balconies, or rooms, to project over the street from any upper storey thereof, at such height from the surface of the street, and to such an extent beyond the line of the plinth or basement wall as are prescribed in such bye-laws; and

(b) to the owner or occupier of any building or land to erect or re-erect any projection or structure so as to overhang, project into, or encroach on or over a drain in a street to such an extend, and in accordance with such conditions, as are in like manner prescribed.

(2) In giving permission, under clause (a) of sub-section (1), a [Municipality] may prescribe the extent to which, and the conditions under which, any roofs, caves, weather-boards, shop-boards and the like may be allowed to project over such streets.

210. Penalty for construction of projections over streets or drains without permission. -

Any person erecting or re-erecting any such projection or structure as is referred to in Section 209 without the permission thereby required or in contravention of any permission given thereunder shall be liable for conviction to a fine which may extend to [one thousand rupees and in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court shall not be less than two hundred and fifty rupees.]

211. Power to remove encroachments and projections over streets and drains. -

The [Municipality] may, by notice, require the owner or occupier of a building to remove, or to alter a projection or structure overhanging, projecting into or encroaching on a street, or into, on or over any drain, sewer or aqueduct therein :

Provided that in the case of any such projection or structure lawfully in existence on or before the tenth day of March 1900, the [Municipality] shall make compensation for any damage caused by the removal or alteration, which shall not exceed ten times the cost of erection and demolition.

212. Power to require levelling, paving, etc. of a street. -

[(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved, or lighted to the satisfaction of the] [Municipality], the [Municipality] may by notice require the owners or occupiers of premises [or lands], fronting, or abutting such street or part thereof to carry out any work which in its opinion may be necessary and within such time as may be specified in such notice.

(2) If such work is not carried out within the time specified in the notice, the [Municipality] may, if it thinks fit, execute it and the expenses incurred shall be recovered from the owner or occupiers in default under Chapter VI according to the frontage of their respective premises [or lands] and in such proportion as may be settled by the [Municipality].

(3) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of the preceding sub-sections, such street shall, on the requisition of not less than three-fourths of the owners thereof, be declared a public street.

212A. Power of the [Municipality] to control and regulate the construction of any building or street and drains beyond [Municipal area]. -

[Notwithstanding anything contained elsewhere in this Act, a] [Municipality] may subject to such conditions and limitations as may be prescribed, control and regulate under this Chapter the construction of any building, street or drain, beyond the [limits of municipal area] up to a distance of five miles.

213. Power to require the protection of streets during erection of buildings, etc. -

(1) No person shall cut down any tree or cut off a branch of any tree, or erect or re-erect or demolish any building or part of to building, or alter or repair the outside of any building where such action is of a nature because obstruction, danger or annoyance or risk of obstruction, danger or annoyance, to any person using a street, without the previous permission in writing of the [Municipality].

(2) The [Municipality] may at any time by notice require that any person doing or proposing to do any of the act referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains, and provides from sunset to sunrise with sufficient lighting such hoardings or screens as are specified or described in the notice, and may further at any time by notice required the removal, within a time to be specified in the notice, of any screen or hoarding erecting in anticipation or in pursuance of any of the said acts.

(3) Whoever contravenes the provisions of sub-section (1) shall be liable on conviction to a fine which may extend to [five hundred] rupees and to a further fine which may extend to [ten] rupees for every day on which contravention continues after the date of the first conviction.

214. Power to require trimming of hedges and trees. -

The [Municipality] may, by notice, require the owner or occupier of any land to cut or trim the hedges growing thereon and bordering on a street, or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.

215. Power to remove accidental obstructions. -

When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain and encumber a street, the [Municipality] may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter VI, or may, by notice, require the owner to remove the same within a time to be specified in the notice.

216. Regulation of troughs and drain water pipes affecting a street. -

The [Municipality] may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land, and for discharging the same in such manner as the [Municipality] may think fit, so as not to inconvenience persons passing along the street.

217. Naming of streets and numbering of buildings. -

(1) The [Municipality] may, -

(a) [with the prior approval of the Prescribed Authority] cause a name or a new name to be given to a street; and

(b) cause the name or a new name to be affixed to or marked on any building in such position as it thinks fit; or

(c) require by a written notice the owner or occupier of any building to affix thereto a number plate or new number plate to a pattern approved by the [Municipality] or itself cause a number or a new number to be affixed to or marked on any building.

(2) Any person destroying, pulling down, defacing or altering any name or number or number plate affixed to or marked on a building under sub-section (1) or affixing to or marking on a building a different name or number from that affixed or marked by or under the order of the [Municipality] shall be liable on conviction to a fine which may extend to [two hundred and fifty] rupees.

218. Power to attach brackets to buildings, etc. -

(1) The [Municipality] may erect upon any premises, or attach to the outside of any building or to any tree, -

(a) posts, brackets or other supports for oil, gas, electric or other lamps;

(b) posts, brackets or other supports for telegraph wires, telephone wires or wires conducting electricity for locomotive purposes; or

(c) shafts or pipes deemed necessary for the proper ventilation of drains and water-works.

(2) Provided that the erection or attachment of such supports, shafts and pipes shall not be effected in a manner to occasion injury or inconvenience and shall be subject, so far as may be, to any provisions of the Indian Telegraph Act, 1885, applying to the attachment, removal or alteration of a telegraph line or posts. 

Public streets

219. Power to construct, improve and provide sites on public streets. -

A [Municipality] may,

(a) lay out and make a new public street and construct tunnels and other works subsidiary to the same; and

(b) widen, lengthen, extend, enlarge or otherwise improve any existing public street if vested in the [Municipality]; and

(c) turn, divert, discontinue or close any public street so vested; and

(d) provide within its discretion building sites of such dimensions as it thinks fit to abut on or adjoin any public street made, widened, lengthened, extended, enlarged or improved by the [Municipality] under clauses (a), (b) and (c) or by the State Government; and

(e) subject to the provisions of any rule prescribing the conditions on which property may be acquired by the [Municipality], acquire any land alongwith the buildings thereon, which it considers necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred by the preceding clauses; and

(f) subject to the provisions of any rule prescribing the conditions on which property vested in the [Municipality] may be transferred, lease, sell or otherwise dispose of any property acquired by the [Municipality] under clause (e) or any and used by the [Municipality] for a public street and no longer required therefor, and in doing so impose any condition as to the removal of any building existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed, and as to any other matter that it deems fit.

220. Use of public streets by vendors and other persons. -

Notwithstanding any right or privilege (previously) acquired, accrued, or enjoyed in a [municipal area] for which bye-laws under sub-head (b) of heading E of Section 298 have been made and are in force, no itinerant vendor, or any other person, shall be entitled to use or occupy any public street or place for the sale of articles or for the exercise of any calling or for the setting up of any booth or stall without the permission of the [Municipality] given in accordance with such bye-laws.

221. Adoption of a street as a public street -

[(1) A] [Municipality] may at any time, and shall, when required by a requisition under sub-section (3) of Section 212 by public notice posted up in a street, that is not a public street, or in part of such street, give intimation of its intention to declare the same a public street. Within two months next after such notice has been so posted up the owner or owners of such street or such part of a street, or of a greater portion thereof, may lodge objections at the municipal official against the notice. The [Municipality] shall consider the objections lodged, and if it rejects them, may, by further public notice posted up in such street or such part, declare the same to be a public street.

(2) Any public notice required under sub-section (1) shall, in addition to being posted up in the street, be published in a local paper (if any) or in such other manner as the [Municipality] thinks fit.

222. Power to regulate line of buildings on public streets. -

(1) Whenever the [Municipality] considers it expedient to define the general line of buildings on each or either side of any existing or proposed public street, it shall give public notice of its intention to do so.

(2) Every such notice shall specify a period within which objections will be received.

(3) The [Municipality] shall consider all objections received within the specified period and may then pass a resolution defining the said line, and the line so defined shall be called "the regular line of the street".

(4) Thereafter it shall not be lawful for any person to erect, re-erect or alter a building or part of a building so as to project beyond the regular line of the street, unless he is authorised to do so by a sanction granted under Section 180 or by a permission in writing (and the [Municipality] is hereby empowered to grant such permission) under this section.

(5) Any owner of land who prevented by the provisions of this section from erecting, re-erecting or altering any building on any land may require the [Municipality] to make compensation for any damage which he may sustain by reason of such prevention, and upon the payment of compensation in respect of any land situated within the regular line of the street such land shall vest in the [Municipality].

(6) The [Municipality] may, by notice, require the alteration or demolition of any building or part of a building erected, re-erected of altered in contravention of sub-section (4).

223. Duties of [Municipality] when constructing public streets, etc. -

(1) The [Municipality] shall, during the construction or repair of a public street or of any water works, drains or premises vested in it, or whenever any public street, water-works, drains or premises vested in it have, for want of repair or otherwise become unsafe for use by the public, take all necessary precautions against accident by, -

(a) shoring up and protecting adjacent buildings; and

(b) fixing bars, chains or posts across or in any street for the purpose of preventing or diverting traffic during such construction or repair; and

(c) guarding and providing with sufficient lighting from sunset to sunrise any work in progress.

(2) Whoever, without the authority or consent of the [Municipality] in any way interferes with any arrangement or construction made by the [Municipality] under sub-section (1) or guarding against accident shall be liable on conviction to a fine which may extend to fifty rupees.

Water supply

224. Power of [Municipality] to construct and alter water-works. -

The [Municipality] may, -

(a) construct water-works within or, subject to the provision of sub-section (2) of Section 120, outside the [municipal area], and may carry such works through, across, over or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through, over or under any buildings or land;

(b) from time to time enlarge, lessen, alter the course of, cover in or otherwise improve any water-works and discontinue, dose up or remove the same;

(c) with the previous sanction of the State Government, grant to any person or company a licence to supply water within [municipal area] and for this purpose to lay down mains and pipes, construct water-works and do all other necessary acts or things; and

(d) with the same sanction, transfer all or any part of it existing waterworks to the management of such licensee :

Provided that such sanction shall not be given unless the State Government is satisfied that it will be in the best interest of the public concerned.

224A. Powers and liabilities of licensee. -

(1) When a licence is granted under clause (c) of Section 224, the rate at which, the manner in which, and the person by whom, payments shall be made to the licensee for water supplied by him and the terms and conditions on which the licensee may grant water connections to the consumers shall be settled between the [Municipality] and the licensee and entered in the licence, and the [Municipality] may delegate to the licensee any of the powers conferred on it by this Act or rules relating to water works and water-supply :

Provided that the power of assessment of water-tax and of its recovery otherwise than by a civil suit shall not be delegated to the licensee.

(2) Such licensee with the previous sanction of the [Municipality] may exercise the powers conferred on the [Municipality] by Sections 225 and 227 of this Act.

[224B. Revocation of existing licences. -

Every licence granted under clause (c) of Section 224 shall, if not already revoked, stand revoked with effect from June 13, 1975.]

[224C. Provisions where licence of a licensee is revoked. -

(1) Where the licence of a licensee is revoked under Section 224-B as it stood immediately before the commencement of the U.P. Municipalities (Amendment) Act, 1975, or where such licence stands revoked by virtue of the new Section 224-B as substituted by the said Act, all the property pertaining to the water-works (namely, all existing water supply services, including all plants, machinery, water-works, pumping sets, filter beds, water mains and pipes laid down along, over or under any public street, and all buildings and other works, materials, stores and things appurtenant thereto) belonging to or vested in the licensee immediately before the date of revocation of the licence (hereinafter in this section referred to as the 'said date') shall as from the said date vest in and stand transferred to the] [Municipality] free from any debt, mortgage or similar obligation of the licensee attached to such property :

Provided that any such debt, mortgage or similar obligation shall attach to the amount referred to in sub-section (2) in substitution for such property.

(2) Where any property belonging to the licensee vests in the [Municipality] under sub-section (1), not being water-works of which only the management was transferred to him by the [Municipality] under clause (d) of Section 224 the [Municipality] shall pay to such licensee an amount determined as hereinafter provided in this section :

Provided that the licensee shall, in addition to the said amount, be paid interest thereon on the Reserve Bank rate ruling on the said date plus one per centum for the period from the said date to the date of payment of the said amount.

(3) The State Government shall appoint, by order in writing, a person having adequate knowledge and experience in matters relating to accounts, to be Special Officer to assess any amount payable under this section to the licensee after making the deductions mentioned in this section.

(4) (a) The Special Officer may call for the assistance of such officers and staff of the State Government in the Local Self-Government Engineering Department or of the licensee as he may deem fit for assessing the net amount payable.

(b) The Special Officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters

(i) enforcing the attendance of any person and examining him on oath;

(ii) compelling the production of documents; and

(iii) issuing commissions for the examination of witnesses.

The Special Officer shall also have such further powers as may be specified by the State Government by notification in the Gazette.

(5) The gross amount payable to such licensee shall be the aggregate value of-the amounts specified below, -

(i) the book value of all completed works in beneficial use pertaining to the water-works and taken over by the [Municipality] (excluding works paid for by the consumers), less depreciation calculated in accordance with the Table appended to this section;

(ii) the book value of works in progress taken over, excluding works e paid for by the consumers or prospective consumers;

(iii) the book value of all stores, including spare parts taken over and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the Special Officer;

(iv) the book value of all other fixed assets in use on the said date and taken over, less depreciation calculated in accordance with the said Table;

(v) the book value of all plants and equipments existing on the said date, if taken over, but no longer in use owing to wear and tear or to obsolescence, to the extent such value has not been written off in accordance with the said Table.

Explanation. -

The book value of any fixed asset means its original cost, and shall comprise, -

(i) the purchase price paid by the licensee for the assets, including the cost of delivery and all charges properly incurred in erecting and bringing the assets into beneficial use, as shown in the books of the licensee;

(ii) the cost of supervision actually incurred, but not exceeding fifteen per cent of the amount referred to in paragraph (i) :

Provided that before deciding the amount under this sub-section, the licensee shall be given an opportunity by the Special Officer of being heard, after giving him a notice of at least 15 days therefor.

(6) The [Municipality] shall be entitled to deduct the following sums from the gross amount payable under sub-section (5) to the licensee, -

(a) all amounts and arrears of interest, if any, thereon, due from the licensee to the [Municipality];

(b) all amounts and arrears of interest, if any, thereon, due to the State Government or the State Electricity Board;

(c) any amount of wages, bonus, gratuity, provident fund or other payments due to remaining unpaid on the said date to persons employed as workmen (within the meaning of the U.P. Industrial Disputes Act, 1947), in connection with the water-works;

(d) any amount which licensee may have failed to pay in respect of either Iris contribution or the employees' contribution realised by him or any other dues recoverable from licensee under the Employees' Provident Fund Act, 1952 or the Employees' State Insurance Act, 1948 in respect of persons employed in connection with the water-works.

(7) The liability of the licensee towards the State Government or the State Electricity Board or towards his employees, as the case may be, to the extent of deduction made under sub-section (7) shall stand discharged. Upon any such deduction being made the [Municipality] shall to that extent be liable to make payment to the State Government, the State Electricity Board or the workmen, as the case may be.

(8) Where the gross amount payable to the licensee is equal to or less than the amount to be deducted under this section no payment shall be made to the licensee by the [Municipality].

(9) The amount, if any, payable by the [Municipality] to the licensee shall be as determined by the Special Officer under sub-sections (5), (6) and (8) and nothing in Section 324 shall be construed to apply in relation to the determination of the amount payable by the [Municipality] under this section.

Table of depreciation based on the period of life expectancy of various assets

There shall be deducted for each year in respect of fixed assets employed in the licensee's undertaking such an amount as would, if set aside annually throughout the period specified in the following table and accumulated at compound interest at four per cent per annum, produce at the end of the said period an amount equal to ninety per cent of the original cost of the asset after taking into account the sums already written off or set aside in the books of licensee :

225. Power to require private water-course, etc. to be cleaned or closed. -

(1) The [Municipality] may, by notice, require the owner of, or the person having control over a private water-course, spring, tank, well or other place, the water of which is used for drinking, to keep and maintain the same in good repair and to clean the same, from time to time, of silt, refuse or decaying vegetation and may also require him to protect the same for pollution in such manner as the [Municipality] may think fit.

(2) When the water of any such water-course, spring, tank, well or other place is proved to the satisfaction of the [Municipality] to be unfit for drinking, the [Municipality] may, by notice, require the owner, or person having control thereof to desist from so using such water or permitting others to so use it, and if, after such notice such water is used by any person for drinking, the [Municipality] may, by notice, require the owner or person having control thereof to close such well either temporarily or permanently, or to enclose or fence such water-course, spring, tank, well or other place in such manner as it may direct, so that the water thereof may not be so used.

226. Emergent powers on outbreak of epidemic -

In the event of a [municipal area], or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf by the State Government, the [President] of the [Municipality] or any person authorised by him in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further, take such steps as he deems fit to prevent the removal of water therefrom.

227. Removal of latrines, etc. near any source of water supply. -

The [Municipality] may by notice require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is, or may be, derived for public use, to remove or close the same within one week from the service of such notice.

228. Obligation of [Municipality] imposing water-tax. -

(1) [Every municipality] in which a water-tax is imposed, shall be bound, -

(a) throughout a prescribed area or prescribed areas -

(i) to maintain a system of water-supply through pipes, and

(ii) to lay on water at a prescribed pressure and during prescribed hours, and

(iii) to supply in all the chief streets in which mains have been laid, water to stand-pipes or pumps situated at such intervals as are prescribed; and

(b) [subject to the rules as may be framed] to allow the owner or occupier of any building or land assessed to a prescribed minimum water-tax to connect for the purpose of obtaining water for domestic purposes, the building or land with a main by means of a communication pipe of the prescribed size and description; and

(c) to supply, within every twenty-four hour, to every owner or occupier entitled to a house connection under clause (b) whose land or building is provided therewith such amount of water as is prescribed with reference to the water-tax payable by him and his estimated requirements for domestic purposes, into a storage cistern erected in or on the building or land, of a capacity not less than such amount and of a prescribed pattern and at an altitude not exceeding the maximum prescribed for the same.

(2) The word "prescribed" in sub-section (1) means prescribed by rule under Section 235.

229. Supply of water by agreement. -

Every [Municipality] may by agreement supply any owner or occupier of land with any water that he may require for any purpose for such remuneration, consistent with any rate or rates prescribed by rule, and on such terms and conditions, consistent with this Act and with any rule, as are agreed on between the [Municipality] and such owner or occupier.

230. Charges for water supply. -

(1) When any building or land is connected with a main, the [Municipality] may, so far as is consistent with any agreement made under Section 229, charge the owner, lessor, or occupier, whichever is prescribed by rule, for all water consumed at the rate or rates so prescribed.

(2) Provided that the [Municipality] shall deduct from the charge on account of water supplied in any month one-twelfth of the water-tax assessed on the building or land.

231. Exemption of [Municipality] from liability owing to accident, etc. -

Notwithstanding any obligation imposed on a [Municipality] by Section 228 or by any agreement made under Section 229, a [Municipality] shall not be liable to any forfeiture, penalty or damages for failure to supply water, if the failure to supply arises from accident or from unusual drought or other unavoidable cause.

232. Subordination to supply for domestic purposes of supply for other purposes. -

Notwithstanding any obligation to supply water imposed by an agreement under Section 229, the [Municipality] may at any time cease to supply water for other than domestic purposes, if it is of the opinion that such supply would interfere with the supply of water for domestic purposes, in such case the [Municipality] shall not be liable to any forfeiture, penalty or damages for so ceasing, -

(a) unless the failure to supply such water arises from a cause other than one specified in Section 231; and

(b) unless the [Municipality] has undertaken to supply water for other than domestic purposes by an agreement made under Section 229, making provision for forfeiture, penalty or damages upon failure to supply such water.

233. Subordination of rights of supply to restrictive rules. -

Notwithstanding anything contained in Section 228 or in any agreement under Section 229, the supply of water to any building or land shall be, and shall be deemed to have been granted, subject to the provisions of any rule made under Section 235, and in particular to any provision as to the limit or stoppage of the supply and as to the prevention of waste and misuse.

234. Provision as to meters and connection pipes. -

All meters, connection pipes and other works incidental to the supply of water to any building or land shall except as otherwise provided by rule, be supplied, repaired extended and altered as may be necessary, at the expense of the person requiring the supply, but shall be under the control of the [Municipality].

235. Water-supply rules. -

(1) The following matters relating to supply of water from municipal or public water works shall be regulated and governed by rules, namely, -

(a) any matter in respect of which this Act declares that provision shall be made by rule;

(b) the size and nature of the mains and pipes to be laid and the water works to be constructed by a [Municipality] for the supply of water;

(c) the construction, control and maintenance of municipal waterworks and of pipes and fittings in connection therewith;

(d) the size and nature of the stand-pipes or pumps to be erected by a [Municipality];

(e) the mains or pipes in which fire-plugs are to be fixed and the places at which keys of the fire-plugs are to be deposited;

(f) the periodical analysis by a qualified analyst of the water supply by a [Municipality];

(g) the conservation and prevention of injury or contamination to sources and means of water supply and appliances for the distribution of water, whether within or without [the municipal area];

(h) the manner in which connections with water works may be constructed or maintained and the agency which shall or may be employed for such construction or maintenance;

(i) the regulation of all matters and things connected with the supply and use of water and the turning on and turning off and preventing waste of water;

(j) the collection of water-tax and of charges relating to the supply of water and the prevention of evasion of the same; and

(k) any other matter relating to the supply of water in respect of which this Act makes no provision or insufficient provision and further provision is, in the opinion of the State Government, necessary.

(2) Provided that no rule shall be made under sub-section (1) affecting a cantonment or part of a cantonment without the previous sanction of the Central Government.

[235A. Rules relating to the supply of water by a person or company. -

The following matters relating to the grant of a licence under clause (c) of Section 224 of the Act shall be regulated and governed by rules to be made by the State Government subject to the conditions prescribed in Section 300, -

(1) the selection of a licensee;

(2) the form of application for a licence;

(3) the form of licence;

(4) the preparation and submission of returns and accounts by the licensee in a prescribed form;

(5) duties of a licensee;

(6) the securing of a regular and wholesome supply of water by the licensee to consumers;

(7) the appointment of an officer of a specified rank and class to ensure that the provisions of the Act and the rules relating to water-works are being properly carried out; and

(8) any other matter which is necessary for the proper working of the licence.] Power for removal of structures interfering with public works

236. Unauthorised construction of street over drain or water-work. -

(1) Where, on or after the 10th day of March, 1900, any street has been made or any building, wall or other structure has been erected or any tree has been planted without the permission in writing of the [Municipality] over a public drain or culvert or a water-work vested in the [Municipality], the [Municipality] may, -

(a) by notice require the person who has made the street, erected the structure or planted the tree, or the owner or occupier of the land on which the street has been made, structure erected or tree planted, remove or deal in any other way the [Municipality] thinks fit with the street, structure or tree; or

(b) itself remove or deal in any other way it, thinks fit with the street, structure or tree.

(2) Any expense incurred by a [Municipality] by action taken under clause (b) of sub-section (1) shall be recoverable in the manner prescribed by Chapter VI from the person by whom the street was made, structure erected or tree planted.