296. Obligation and power of State Government to make rules. -

(1) The [State Government] shall make rules consistent with this Act in respect to the matters described in Sections [95, 127, 153 and 235].

(2) The [State Government] may make rules consistent with this Act, -

(a) providing for any matter for which power to make provision is conferred expressly or by implication, on the [State Government] by this or any other enactment in force at the commencement of this Act;

(b) generally for the guidance of a [Municipality] or any Government officer in any matter connected with the carrying out of the provisions of this or any other enactment relating to municipalities;

[(c) for the appointment of an ad hoc committee to advice the] [Municipality] on the preparation of master plan for the [municipal area] and its execution; and (d) providing for the layout of public streets, residential and non-residential areas.

297. Power to make regulations as to procedure, etc. -

(1) A [Municipality] may, by special resolution make regulations consistent with this Act, or with any rule under Section 296 or regulation under sub-section (2) made by the [State Government], as to all or and of the following matters, -

(a) the time and place of the meetings of a [Municipality];

(b) the manner of convening meetings, and of giving notice thereof;

(c) the conduct of proceedings [including the asking of questions by members] at meetings, and the adjournment of meetings;

(d) the establishment of committees, other than merely advisory committees, for any purpose, and the determination of all matters relating to the constitution and procedure of such committees;

(e) the avoidance of any entry shown in the third column of Schedule II;

(f) with reference to sub-section (2) of Section 77, the augmentation of any maximum or minimum monthly salary specified in Sections 74, 75 or 76 with reference to powers over the staff;

(g) the delegation of powers, duties or functions to -

(i) the [President] of the [Municipality];

(ii) a committee constituted under clause (d);

(iii) a Chairman of such committee;

(iv) the executive officer; or

(v) [* * *] any other servant of a [Municipality];

[(vi) any] [person in the service of the Government] who is employed as civil surgeon, medical officer-in-charge of a hospital or dispensary, medical officer of health, deputy inspector of schools or sub-deputy inspector of schools;

(h) the absentee or other allowances of the servants employed by [Municipality];

(i) the amount and nature of the security to be furnished by a servant of a [Municipality] from whom it is deemed expedient to require security;

(j) the grant of leave to servants of a [Municipality] and the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave;

(k) the [conditions of service including] period of service of all servants of a [Municipality] and the conditions under which such servants, or any of them, shall, receive gratuities or compassionate allowances on retirement or on their becoming disabled through the execution of their duty, and the amount of such gratuities or compassionate allowance, and the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty;

(l) the payment of contributions, at such rates and subject to such conditions as maybe prescribed in such regulations, to a pension or provident fund established by the [Municipality] or with approval of the [Municipality], by the said servants;

(m) the conditions subject to which sums due to a [Municipality], may be written off as irrecoverable, and the conditions subject to which the whole or any part of fee chargeable for distress may be remitted; [* * *] [

(n) all matters similar to those set forth in clauses (e) to (m) and not otherwise provided for in this sub-section; and

(o) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section.]

(2) Provided that the [State Government] may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses [(d) and] (h) to [(n)] of sub-section (1), and any regulations so made shall have the effect of rescinding any regulation made by the [Municipality] under the said sub-section in respect of the same matter or inconsistent therewith. 

298. Power of [Municipality] to make bye-laws. -

(1) A [Municipality] by a special resolution may, and where required by the State Government shall, make, bye-laws applicable to the whole or any part of the [municipal area], consistent with this Act and with any rule, for the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the [municipal area] and for the furtherance of municipal administration under this Act.

( 2) In particular, and without prejudice to the generality of the power conferred by sub-section (1), the [* * *] [Municipality], wherever situated, may, in the exercise of the said power, make any bye-law described in List I below and the [* * *] [Municipality], wholly or in part, situated in a hilly tract may further make, in the exercise of the said power, any bye-law described in List II below :

LIST I

BYE-LAWS FOR ANY [MUNICIPALITY]

A - Building

(a) Extending, with reference to sub-section (2) of Section 178, the necessity of giving notice to all buildings;

(b) declaring, with reference to clause (d) of sub-section (3) of Section 178, an alteration of any specific description to be a material alteration;

(c) determining the information and plans to be furnished to the [Municipality] under Section 179;

(d) prescribing that, on payment of fees in accordance with such scale as specified in this behalf plans and specifications shall be obtainable from the [Municipality] or from an agency prescribed by the [Municipality];

(e) fixing, with reference to Section 181, the period for which a sanction shall remain in force;

(f) prescribing the type or description of buildings which may or may not, and the purposes for which a building may or may not be erected in any prescribed area or areas;

(g) prescribing the circumstances in which a mosque, temple, church or other sacred building may or may not be erected, re-erected or altered;

(h) prescribing with reference to the erection, re-erection or alteration of buildings or of any class of buildings, or any of the following matters -

(i) the materials and method of construction to be used for external and party walls, roofs and floors;

(ii) the position and the materials and method of construction of fire-places, chimneys, drains, latrines, privies, urinals and cesspools;

(iii) the height and slope of the roof above the upper most floor upon which human beings are to live or cooking operations are to be carried on;

(iv) the ventilation and the space to be left about the building to secure free circulation of air and to facilitate scavenging and for prevention of fire;

(v) the level and width of foundation, level of lowest floor, and stability of structure;

(vi) the number and height of the storeys of which the building may consist;

(vii) the means to be provided for egress from the building in case of fire;

(viii) any other matter affecting the ventilation or sanitation of the building; and

(ix) the conditions subject to which sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of the water or danger to any person using the well;

(i) regulating, in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent awning or other structure, of whatsoever kind or nature, on any land within the limits of the [municipal area].

B - Drains, privies, cesspools, etc.

(a) regulating in any manner not specifically provided for in this Act, the construction, alteration, maintenance, preservation, cleansing and repair of drains, ventilation shafts and pipes, water closets, privies, latrines, cesspools and other drainage works;

(b) regulating or prohibiting the discharge into drains or deposit therein, of sewage, sullage polluted water and other offensive or obstructive matter;

(c) prescribing the size and nature of the works which owners or occupiers may be required to construct under Sections 192, 267 and 268, and the agency which shall or may be employed for executing such works.

C - Extinction of fire

(a) prescribing the officer to whom and the place at which the outbreak of a fire shall be reported; and

(b) generally making provision for the procedure and precautions to be adopted by the public on the occasion of a fire and for any other thing relating to fires in respect of which provision is necessary.

D - Scavenging

(a) prescribing the times and places at which receptacles of filth, rubbish or other offensive matter shall be in readiness for the removal of the contents by the municipal scavenging agency;

[(aa) regulating the work of house-scavenging by the customary sweepers and providing for grant of licences to them and the conditions of any such licence; and]

(b) making provision for any other matter relating to house-scavenging.

E - Streets

(a) determining the information and plans to be furnished to the [Municipality] under Section 203;

(b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors, or by any person for the sale of articles, or for the exercise of any calling or for the setting up of any booth or stall, and providing for the levy of fees for such use or occupation;

(c) regulating the conditions on which permission may be given under Section 209 for projections over streets and drains and under Section 265 for the temporary occupation of streets.

F - Markets, slaughter-houses, sale of food, etc.

(a) prohibiting, subject to the provision of Section 241, use of any place as a slaughter-house, or as a market or shop for the sale of animals intended for human food or of meat or of fish, or as a market for the sale of fruit or vegetables, in default of a licence granted by the [Municipality] or otherwise than in accordance with the conditions of a licence so granted;

(b) prescribing the conditions subject to which and the circumstances in which and the areas or localities in respect of which, licences for such use may be granted, refused, suspended or withdrawn;

(c) providing for the inspection of, and regulation of conduct of business, in a place used as aforesaid, so as to secure cleanliness therein or minimize any injuries, offensive or dangerous effect arising or likely to arise therefrom;

(d) providing for the establishment, and except so far as provision may be made by bye-laws under sub-head (c) for the regulation and inspection of markets and slaughter-houses, of livery stables, of encamping grounds of sarais, of flour-mills, of bakeries, of places for the manufacture, preparation or sale of specified articles of food or drink, or for keeping or exhibiting animals, for sale on hire or animals of which the produce is sold, and of places of public entertainment, or resort, and for the proper and cleanly conduct of business therein;

[(dd) prescribing the conditions subject to which, and the circumstances in which, and the areas or locality in respect of which, licences for the purposes of sub-head (d) may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licences, and prohibiting the establishment of business places mentioned in sub-head (d) in default of licence granted by the] [Municipality] or otherwise than in accordance with the conditions of a licence so granted; and

(e) in a [municipal area], where a reasonable number of slaughterhouses has been provided or licensed by the [Municipality], controlling and regulating the admission within [limits of the municipal area], for purposes of sale, of the flesh (other than cured or preserved meat) and any cattle, sheep, goats or swine slaughtered at a slaughter-house or place not maintained or licensed under this Act.

G - Offensive Trades

(a) except where and so far as is inconsistent with anything contained in the Indian Petroleum Act, 1899 (Act No. VIII of 1899) [or in rules made thereunder, prohibiting the use of any place, in default of a licence granted by the] [Municipality] or otherwise than in accordance with the conditions of a licence so granted, as a factory or other places of business, -

(i) for boiling or storing offal, blood, bones, guts or rags;

(ii) for storing hides, horns or skins;

(iii) for tanning;

(iv) for the manufacture of leather or leather goods;

(v) for dyeing;

(vi) for melting tallow or sulphur;

(vii) for burning or baking bricks, tiles, pottery or lime;

(viii) for soap making;

(ix) for oil boiling;

(x) for storing hay, straw, thatching grass, wood, coal or other dangerously inflammable material;

(xi) for storing petroleum or any inflammable oil or spirit;

(xii) for storing and pressing cotton and cotton refuse;

(xiii) for any other purpose if such use is likely to cause a public nuisance or involve risk of fire.

(b) prescribing (but not so to derogate from any power conferred on a [Municipality] by Section 245) the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn; and

(c) providing for the inspection and regulation of the conduct of business in a place used as aforesaid, so as to secure cleanliness therein or to minimize any injuries, offensive or dangerous effect arising or likely to arise therefrom.

H - Public safety and convenience

(a) prescribing for the standard weights and measures to be used within the [municipal area], and providing for the inspection of the same;

(b) providing for the regulation or prohibition of any description of traffic in the streets where such regulation or prohibition appears to the [Municipality] to be necessary;

(c) imposing the obligation of taking our licences on the proprietors of drivers of vehicles [other than motor vehicles], boats or animals kept or plying for hire, or on person hiring themselves out for the purpose of carrying loads within the limits of the [municipal area], and fixing the fees payable for such licences and the conditions on which they are to be granted and may be revoked;

(d) limiting the rates which may be demanded for the hire of a carriage, cart, boat or other conveyance, or of animals hired to carry loads, or for the services of persons hired to carry loads, and the loads to be carried by such conveyances, animals or persons when hired within the [municipal area] for a period not exceeding twenty-four hours or for a service which would ordinarily be performed within twenty-four hours;

(e) prohibiting, in any specified street or area, the residing of public prostitutes and the keeping of brothel, or the letting or other disposal of a house or building to public prostitutes or for a brothel;

(f) for the regulation of the posting of bills and advertisements; (g) fixing and regulating the use of places at which boats may be moored, loaded and unloaded, and prohibiting the mooring, loading and unloading of boats except at such places as may be prescribed by the [Municipality];

(h) providing for the seizure and confiscation of ownerless animals straying within the limits of the [municipal area];

(i) providing for the registration of [animals];

(j) providing for the imposition of an annual fee for such registration;

(k) requiring that every registered [animal], shall wear a collar to which shall be attached a token to be issued by the [Municipality];

(l) providing that [an animal], unless registered and wearing such token, may, if found in any public place, be destroyed or otherwise disposed of;

(m) prohibiting or regulating, with a view to promoting the public safety or convenience, any act which occasions or is likely to occasion a public nuisance and for the prohibition or regulation or which no provision is made under this heading;

[(n) providing for the confinement, removal or destruction of animals];

[(o) regulating the keeping and the tethering of cattle].

I - Sanitation and Prevention of Disease

(a) regulating or prohibiting for the purpose of preventing danger to the public health, the stalling or heading of horses, camels, cattle, swine, donkeys, sheep or goats;

(b) prescribing and regulating the construction, dimensions, ventilation, lighting, cleaning, drainage, and water supply of dairies and cattle-sheds in the occupation of persons following the trades of dairymen or milk-sellers and providing for the inspection of milch-cattle and securing the cleanliness of milk stores, milk shops and vessels used by milk-sellers of buttermen for milk or butter;

(c) controlling and regulating the use and management of burial and burning grounds and fixing the fees to be charged where such grounds have been provided by the [Municipality], and prescribing or prohibiting routes for the removal of corpses or burial or burning-grounds; (d) regulating sanitation and conservancy;

(e) declaring that no place, unless specially exempted, shall be used as a lodging-house, unless it has been duly licensed as such by the [Municipality], and prescribing the conditions subject to which such licences may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licenses;

(f) providing in default of a bye-law made under the preceding subhead, for the registration and inspection of lodging, house, the prevention of overcrowding, the promotion of cleanliness and ventilation, and prescribing the notices to be given and the precautions to be taken in the case of any infectious or contagious disease breaking out therein, and generally for the proper regulation of lodging houses;

(g) prohibiting the digging of excavations, cesspools, tanks or pits within specified areas except with the permission of the [Municipality] and specifying the conditions subject to which such permission may be given;

(h) prohibiting or regulating with a view to sanitation or the prevention of disease, any act which occasions, or which is likely to occasion, a public nuisance and for the prohibition or regulation of which no provision is made under this heading.

J - Miscellaneous

(a) prohibiting or regulating any act which occasions or is likely to occasion, a public nuisance for the prohibition or regulation of which no provision is made elsewhere by or under this Act;

(b) providing for the registration of births, deaths and marriages, and the taking of a census within the [municipal area] and for compulsory supply of such information as may be necessary to make such registration or census effective;

(c) for the protection from injury or interference of anything within the [municipal area] being the property of Government or of the [Municipality], or being under the control of the [Municipality];

(d) fixing any charges or fees, or any scale of charges or fees to be paid for house scavenging or the cleansing of latrines and privies under Section 196(c) or for any other municipal service or undertaking or to be paid under Section 293(1) or Section 294 of the Act, and prescribing the times at which such charges or fees shall be payable, and designating the person authorized to receive payment thereof;

(e) providing for the holding of fairs and industrial exhibitions within the [municipal area] and under the control of the [Municipality], and fixing the fees to be levied threat;

(f) requiring and regulating, the appointment by owners of buildings and lands in the [municipal area] or persons residing within or near the [municipal area] to act as their agents for all or any of the purposes of this Act or of any rule or bye-law;

(g) specifying the records and documents belonging to, or in the possession of, the [Municipality] of which inspection may be made or copies given and the charges to be levied for inspection or copies of such records and documents, and regulating inspection and the giving of copies;

(h) providing for the granting of licences for the sale and for the dispensing of medicinal drugs;

[(i) providing for the registration and control of midwives and dais publicly practising their profession;]

[(j) providing for the establishment and maintenance of poor-houses and the conditions under which poor-houses may be recognised by the] [Municipality];

[(k) providing for the establishment and maintenance of maternity centres and child-welfare clinics;

(l) providing for the establishment, maintenance and grants-in-aid to institutions of physical culture and supply of milk;

(m) providing for the installation and maintenance of radio receiving stations;

(n) providing for the establishment and maintenance of baby-folds and rescue homes for women;

(o) providing for the removal of social disabilities of scheduled castes and backward classes;

(p) taking measures for the control of beggary;

(q) taking measures for the removal of prostitutes from a specified area to another specified area];

[(r) providing the manner of allotment of land to the persons engaged traditionally in the vocation of making earthen pottery.

Explanation. -

A person shall be deemed to be engaged traditionally in such vocation if he belongs to such class of persons as may be notified by the State Government.]

LIST II

Further Bye-Laws For A Hill [Municipality]

H - Public Safety and convenience

(n) regulating or prohibiting the cutting or destroying of trees or shrubs, or the making of excavations or removal of soil or quarrying, and providing for the alteration, repair and proper maintenance of buildings and compounds, for the closing of roads and bye-paths and for the general protection of the surface land on the hillside where such bye-laws appears to the [Municipality] to be necessary for the maintenance of a water-supply, the preservation of the soil, the prevention of land slides or of the formation of ravines or torrents, the protection of land against erosion, or the deposit thereon of sand, gravel or stones;

(o) prohibiting the lighting of fires in the top storey of a building which, by reason of its contiguity to other buildings, might be a source of danger to the latter in the event of a fire breaking out within it, and the walls of which storey do not exceed seven feet in height, or the placing of stands for lamps and candles in any position which the [Municipality] may deem to be dangerous to the public safety;

(p) regulating the rule of the road;

(q) rendering licences necessary within the [municipal area] -

(i) for persons working as job porters for the conveyance of goods;

(ii) for animals, vehicles and other conveyances let out on hire for a day or part thereof; and

(iii) for persons impelling or carrying such vehicles and other conveyances;

(r) prescribing the conditions subject to which such licences may be granted, refused, suspended or withdrawn;

(s) regulating the charges to be made for the services of such job porters as aforesaid, and for the hire of such animals, vehicles and other conveyances and for the remuneration of persons who impel to carry such vehicles or conveyances.

I - Sanitation and Prevention of Disease

(i) rendering licences necessary for using premises within bazaars as stables or cow-houses or as accommodation for sheep, goats and fowls;

(j) preventing overcrowding in houses and inhabited sites; and

J - Miscellaneous

(i) providing for the registration, generally or within particular months, of persons entering or leaving the [municipal area]. 299. Infringement of rules and bye-laws. -

(1) In making a rule the State Government, and in making a bye-law the [Municipality] with the sanction of the State Government, may direct that a breach of it shall be punishable with fine which may extend to [one thousand] rupees and when the breach is a continuing breach, with a further fine which may extend to [twenty five rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

(2) The [Municipality] may with like sanction prescribe a similar penalty for the breach of a rule lawfully made under the United Provinces Municipalities Act, 1873 (Act XV of 1873) and still remaining in force.

300. Previous publication of rules, etc. made by the State Government. -

(1) The power of the [State Government] to make rules or regulations under this chapter is subject to the condition of the rules or regulations being made after previous publication and of their not taking effect until they have been published in the [Official Gazette].

(2) Any rule or regulation made by the [State Government] may be general for all municipalities or for all municipalities not expressly excepted from its operation or may be special for the whole or any part of any one or more than one municipality as the [State Government] directs.

[301. Regulations and bye-laws to be published. -

(1) The power of the municipality to make bye-laws under Section 298 shall be subject to the condition of the bye-laws being made after previous publication.

(2) The regulations made under Section 297 and U.P. Primary Education Act, 1919 and the bye laws made under Section 298 shall be published in the Official Gazette.]

[301A. State Government may modify or repeal bye-laws. -

(1) If, at any time, it appears to the State Government that any bye-law should be modified or repealed either wholly or in part, it shall cause its reasons for such opinion to be communicated to the municipality and prescribe reasonable period within which the municipality may make any representation with regard thereto which it shall think fit.

(2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the prescribed period, the State Government may at any time, by notification in the Official Gazette, modify, or repeal such bye-law either wholly or in part.

(3) The modification or repeal of a bye-law under sub-section (2) shall take effect from the date of the publication of the notification in the Official Gazette.]