The City of Panaji Corporation Act, 2002
Goa · state statute
Open in Lexace · Ask the AI about this act--1-- GOVERNMENT OF GOA Department of Law & Judiciary Legal Affairs Division Notification 7/28/2002/LA The City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003), which has been passed by the Legislative Assembly of Goa on 26 -8-2002 and assented to by the Governor of Goa on 21-1-2003, is hereby published for the general information of the public. S. G. Marathe, Under Secretary (Drafting). Panaji, 1[23rd January, 2003]. Sections The City of Panaji Corporation Act, 2002 Contents Title of Sections PART I CHAPTER I Preliminary 1. Short title, extent and commencement. 2. Repeal of enactment. 3. Transfer of liabilities. 4. Provisional appointment of Commissioner. 5. Definitions. Sections PART II Constitution and Government CHAPTER II The Municipal Authorities 6. Municipal authorities charged with the execution of this Act. 7. Incorporation of Corporation. 8. Power of Corporation to acquire and hold movable and immovable property. 9. Constitution of Corporation and division of City into wards. 10. Reservation of seats. 11. State Election Commission. 12. Power of State Election Commissioner to issue directions to prevent impersonation. --2-- 13. Preparation of Municipal Election Roll. 14. Qualification of candidates. 15. Disqualifications of candidates. 16. Notification of election, etc. of Councillor, Mayor and Dy. Mayor. 17. Duration of the term of Corporation. 18. Term of office of Councillor. 19. Election to constitute Corporation. 20. Filling of casual vacancies. 21. Effect of subsequent disabilities. 22. Election of Mayor and Deputy Mayor. 23. Removal of Councillor. 24. Procedure in case of non-payment of Corporation dues by Councillors and office- bearers of Corporation. CHAPTER III Conduct of Business Transaction of Business by the Corporation 25. Meetings. 26. First meeting after general election. 27. Convening of meetings. 28. Power of Mayor and Deputy Mayor to call special meeting. 29. Adjournments. 30. Public to be admitted to the meeting of Corporation. 31. Chairman of Meeting. Sections 32. Quorum. 33. Disability of Councillors for voting, etc. 34. Preservation of order. 35. Constitution of Standing Committee. 36. Election of Standing Committee. 37. Election of the Chairman of Standing Committee. 38. Absence from meeting of Standing Committee. 39. Casual vacancies in the Standing Committee. 40. Each Standing Committee to continue in office till a new Committee is constituted. 41. Constitution of Wards Committees. Special Consultative Committees 42. Special Consultative Committees, their term, election and filling of casual vacancies. 43. Election of special Committees for consultative purposes. 44. Decision of questions by majority of votes. 45. Vacancies etc., not to invalidate proceedings. 46. Proceedings of meeting to be deemed to be good and valid. 47. Minute Books. --3-- CHAPTER IV Municipal Officers and Servants 48. Appointment of Commissioner. 49. Power of Commissioner. 50. Salary of Commissioner. 51. Appointment and Salary of principal officers, other officers and servants. 52. Appointment of other officers and servants. 53. Acting Appointments. 54. Municipal officer or servant not to be interested in any contract with Corporation. 55. Discharge on infliction of penalties. 56. Extraordinary pension in case of officer or servant injured or killed in execution of his duty. 57. Re-instatement or re-employment of a convicted officer or servant and payment of salary and allowances to such officer or servants. 58. Essential officers and servants. CHAPTER V Powers, Duties and Functions of the Municipal Authorities Obligatory and Discretionary Duties of the Corporation Sections 59. Matters to be provided for by Corporation. 60. Matters which may be provided for by Corporation at its discretion. 61. Entrustment of certain functions by State Government to Corporation. 62. Performance of functions by agencies. 63. Environment Status Report. 64. (1) Functions of the several municipal authorities. (2) Municipal Government of the City vests in the Corporation. (3) Special functions of Commissioner. (4) Municipal officers may be empowered to exercise the powers of Commissioner. 65. Corporation may call for extracts from proceedings, etc., from the Standing Committee etc. 66. Corporation may require Commissioner to produce documents. 67. Exercise of functions to be subject to sanction by Corporation of the necessary expenditure. 68. Procedure for making contracts on behalf of Corporation. 69. Mode of execution of contract. CHAPTER VI Municipal Property and Liabilities 70. Transfer to Corporation of property of Municipality of Panaji. 71. Property of public institutions managed by municipal authority to be held in trust. 72. Acquisition of immovable property or easement by agreement. 73. Procedure when immovable property or easement cannot be acquired by agreement. 74. Decisions of claims to property by or against Corporation. --4-- 75. Provisions governing the disposal of municipal property or property vesting in or under the management of Corporation. 76. Property vested in Corporation. 77. Record of immovable property. 78. Resumption by Government. 79. Management of Public institutions. PART III Finance Sections CHAPTER VII The Municipal Fund 80. Municipal fund to be held in trust. 81. Credit of moneys to municipal fund. 82. Application from municipal fund. 83. Receipts and disposal of payments on account of the municipal fund. 84. Drafts on the municipal fund. CHAPTER VIII Budget Estimate 85. Only sums covered by a budget grant to be expended from the Municipal fund. 86. Expenditure under certain of these exceptions to be reported by Commissioner to the Standing Committee. 87. Preparation of budget estimates. 88. Power of Standing Committee to reduce or transfer budget grants. 89. Power of Corporation to alter budget grants. 90. Power of Corporation to readjust income and expenditure during the year. CHAPTER IX Loans 91. Power of Corporation to borrow money. 92. Limit of borrowing power. 93. Repayment of loans. 94. Attachment of municipal fund in default of repayment of loan. 95. Attachment of municipal fund for securing payment. 96. Annual statement to be prepared by Commissioner. 97. Application of the Local Authorities Loans Act, 1914. CHAPTER X Audits and Accounts Sections --5-- 98. Accounts to be kept in a form approved by the Standing Committee. 99. Transmission of accounts to Government. 100. Annual administration report and statement of accounts by Corporation. 101. Monthly abstract of accounts. 102. Audit of municipal accounts. 103. Municipal authorities to remedy defects and report to State Government. PART IV CHAPTER XI Taxation 104. Taxes to be imposed under this Act. 105. Procedure for imposing taxes. 106. General Tax on what properties to be levied. 107. Control of State Government on the rate of taxes. 108. Exemption from general tax. 109. Value of land or building how to be ascertained. 110. Requisition of name of owner. 111. Treatment of property which is let to two or more persons in separ ate occupancies. 112. Responsibility for payment of property tax. 113. Employment of assessor. 114. Assessment of annual value and duration of assessment. 115. Returns for purposes of valuation. 116. Public notice and inspection of valuations. 117. Notice when valuation made for the first time is increased. 118. Notice of objection to valuation. 119. Investigation of objections by Commissioner. 120. Appeal to District Court. 121. Valuation when to be final. 122. Keeping of municipal assessment list. 123. Authentication of assessment list when all objections have been disposed of. 124. Power of Commissioner to amend assessment list. 125. Notice of increase of rent. 126. Notice to be given to Commissioner of demolition or removal of a building. Sections 127. Failure to give notice of increase of rent. 128. Period for which revised valuation to continue in force. 129. Payment of property taxes, how affected by objections to valuations. 130. Refund of excess payment. 131. Duty of Corporation to recover all taxes. Supplemental Provisions 132. Commissioner to supply copies on payment. 133. Tax not invalid for defect of form. 134. Power of the State Government in regard to taxes. 135. Refund of Tax on unoccupied property. 136. Duty of furnishing true information regarding liability to municipal taxation. 137. Duty of occupier to furnish true information regarding owner’s name and address. --6-- 138. Notice of transfers of title, when to be given. 139. Power of entry for the purposes of valuation of taxation. 140. Power to examine article liable to toll or cess on imports. 141. Power to search where toll or cess on imports is leviable. 142. Punishment for evading payment of toll or cess. 143. Levy of Street tax. CHAPTER XII Recovery of Corporation’s Claims 144. Presentation of bill for taxes and other demands. 145. If bill not paid within fifteen days, notice of demand to issue. 146. In what case warrant may issue. 147. Power of Corporation to remit certain fees. 148. Power of officer to break open door or window. 149. Warrant how to be executed. 150. Sale of goods distrained in special cases. 151. Sale outside the City. 152. Fees and costs chargeable. 153. Summary proceedings may be taken against persons about to leave the City. 154. Appeal to Magistrate. 155. Liability of buildings, lands, etc., for taxes. 156. Receipts to be given for all payments. 157. Writing off irrecoverable taxes. 158. Recovery of toll and cess on imports. 159. Taxation not to be questioned except under this Act. PART V 2[Public Health, Safety and Convenience] CHAPTER XIII Public Convenience Municipal Drains Sections 160. Cleansing drains. 161. Places for emptying of drains and disposal of sewage. 162. Provision of means for disposal of sewage. 163. Alteration and discontinuance of drains. Drains and Privies 164. Latrines and urinals. 165. Provisions of drains, privies etc. 166. Repair and closing of drains, privies, latrines, urinals, etc. 167. Power of Commissioner to demolish drains etc. 168. Unauthorised buildings over drains, etc. 169. Removal of latrine, etc., near any source of water-supply. 170. Discharging sewage. 171. Making or altering drains without authority. 172. Power to require removal of nuisance arising from tanks and the like. 173. New buildings not to be erected without drains. 174. Sewage and rain-water drains to be distinct. 175. Rights of owners and occupiers of premises to carry drains through lands belonging to other persons. 176. Obligation of owner of drains to allow use of or joint ownership therein to others. 177. How right of use of joint ownership of a drain may be obtained by a person other than the owner. --7-- 178. Commissioner may authorize person other than the owner of a drain to use the same or declare him to be a joint owner thereof. 179. Power of Commissioner to drain premises in combination. 180. Connecting drains to be constructed at the expenses of owners of premises. 181. Affixing of pipes for ventilation of drains. 182. Right of Corporation to drains constructed a charge of municipal fund. CHAPTER XIV Conservancy 183. Deposit of rubbish, offensive matter, sewage and carcasses. 184. Collection and removal of sewage. Sections 185. Collection and temporary deposit of rubbish and offensive matter by occupiers of premises. 186. Prohibition of accumulations of offensive matter. CHAPTER XV Sanitary Provisions Regulation of Public Bathing, Washing etc. 187. Construction of places for public bathing etc. 188. Prohibition of Corruption of water by steeping therein animal or other matter. 189. Regulation of washing of clothes by washermen. CHAPTER XVI Water Supply 190. General Powers of supplying the City with water. 191. Supply of water. 192. Making connections with municipal water-works. 193. Obligation of owner or occupier to give notice of waste of water. 194. Responsibility for damage caused by leakage of water. 195. Cutting off water-supply to premises. 196. Presumption as to correctness of meter. 197. Injuring water-works, misappropriating water and tampering with meters. 198. Misuse of and leaving open valves and tampering with valves and hydrants. 199. Prohibition of erection of any building which would injure sources of water-supply. 200. Prohibition of bathing in or polluting water. CHAPTER XVII General Provisions with reference to Drainage Water-supply and other Mains 201. Occupier of premises to be primarily liable for certain offence against the Act. 202. Least practicable nuisance to be caused. 203. Power of carrying wires, pipes, drains, etc. 204. Provisions as to wires, pipes or drains laid or carried above surface or ground. 205. Previous notice to be given. 206. Connections with main not to be made without permission of Commissioner. Sections 207. Power of Commissioner to require the owner to make provision for drainage. 208. Power to establish meters and the like. 209. Communication and connections, etc. to be executed subject to inspection by and to the satisfaction of Commissioner. 210. Power of Commissioner to fix scale of charges. --8-- 211. Troughs and pipes for rain-water. 212. Control by Corporation and the Standing Committee. 213. Building not to be erected without permission over drains or water or air mains. 214. Control by the State Government. 215. Power of access to municipal water-works. 216. Compensation for damage. CHAPTER XVIII Public Health Safety Regulation of Factories and Traders 217. Factories not to be established, etc., without permission of Commissioner. 218. Sanitary regulation of factories, etc. 219. Regulation of dangerous and offensive trades. 220. Premises not to be used for certain purposes without a licence. 221. Prohibition of corruption of water by chemicals etc. 222. Inspection of premises used for manufactures, etc. 223. Prohibition of cinematography and dramatic performances except in licensed premises. CHAPTER XIX Market and Slaughter Places 224. Power of Corporation to permit opening of new private markets. 225. Private markets not to be kept open without a licence. 226. Selling animals meat, etc. outside a market without a licence. 227. Power of Corporation to regulate the manufacture, preparation and sale of food and drink. 228. Places for slaughter of animals for sale. 229. Disposal of dead animals. CHAPTER XX Food, Drink, Drug and Dangerous Articles 230. Prohibition of sale of diseased animals or unwholesome articles intended for human consumption. 231. Prohibition of adulterants in places where butter, ghees, etc., are manufactured or stored. Sections 232. Prohibition of sale of certain articles which are not of the prescribed standard of purity. 233. Substitutes. 234. Prohibition of sale, etc., of food or drink not of the nature, substance or quality of the article as represented. 235. Licence required for dealing in milk, etc. 236. Provisions relating to prosecutions. 237. Liability of warrantors. 238. Inspection of place for sale of food or drink and seizure of unwholesome articles or utensils found therein. 239. Destruction of animals and articles seized under section 248. 240. Taking before magistrate of animals and articles seized under section 238. 241. Food, drink or drugs directed to be destroyed deemed to be the property of the Corporation. 242. Application of provisions of this Chapter to other articles. 242A. Sealing of premises carrying on any trade or occupation without licence --9-- CHAPTER XXI On Restraint of Infection 243. Information to be given of existence of dangerous disease. 244. Powers of Medical Officer of Health to inspect places and take measures to prevent spread of dangerous disease. 245. Prohibition of use for drinking or for other domestic purposes of water likely to cause dangerous disease. 246. Power of Medical Officer of Health to remove patient to hospital in certain cases. 247. Power of Medical Officer of Health to disinfect building, tank, pool or well. 248. Power of Medical Officer or Health to destroy huts and sheds. 249. Infected building not to be let without being first disinfected. 250. Provision of places for disinfection, washing or destruction of infected articles and power of Commissioner to disinfect or destroy such articles. 251. Infected articles not to be transmitted, etc. without previous disinfection. 252. Restrictions on carriage of patient or dead body in public conveyance. 253. Disinfection of public conveyance after carriage of patient or dead body. 254. Power of Corporation to take special measures on out-break of dangerous disease or infection epizootic disease. PART VI Sections 255. Town Planning. 3[Lands, Buildings and Streets] CHAPTER XXII Town Planning --10-- CHAPTER XXIII Building Control 256. Prohibition of erection or re-erection of buildings without permission. 257. Notice of buildings. 258. Commissioner to refuse erection or re-erection of buildings. 259. Grounds on which site of proposed building may be disapproved. 260. Grounds on which permission to erect or re-erect building may be refused. 261. Power of Commissioner to direct modification of a sanctioned plan of a building before its completion. 262. Lapse of sanction after one year from the date of such sanction. 263. Completion certificate and permission to occupy or use. 264. Power of Commissioner to stop progress of building work unlawfully commenced or carried on. 265. Power of Commissioner to direct removal of person from buildings in which works are being unlawfully carried on or which are unlawfully occupied. 266. Erection and use of temporary buildings to be approved by Commissioner. 267. Power to regulate line of buildings. 268. Compensation. 269. Power to require removal or alteration of work not in conformity with bye-laws or any scheme or any other requirement. 270. Bar on jurisdiction. CHAPTER XXIV Dangerous & Insanitary Buildings 271. Provisions regarding building unfit for human habitation. 272. Removal of buildings in dangerous state. 273. Abandoned or unoccupied premises. Sections 274. Reclamation of low-lying sites. 275. Power to prohibit re-erection of building on inaccessible sites. 276. Removal of building materials from any premises in certain cases. 277. Power of Commissioner to call for statement of accommodation. 278. Cleaning and disinfecting of buildings. 279. “Building” to include part of a building for purposes of this Chapter. CHAPTER XXV Streets Public Streets 280. Closing of public streets. 281. Laying railways, skybus, or electrical, telephone poles. 282. Prohibition of projections upon streets. 283. Procedure to be followed by Commissioner on conviction of a person under Section 421. 284. Restriction on powers of municipal authorities in relation to streets. 285. Footings of buildings not to establish title to land belonging to Government or vesting in Corporation. --11-- Obstruction in streets 286. Prohibition of obstructions in streets. 287. Streets not to be opened or broken up and building material not to be deposited therein without permission. 288. Ground floor doors, etc. not to open outwards on street. 289. Power to require removal of old projections. Streets 290. Commissioner may call for further particulars. 291. Level of new street to be determined by Commissioner. 292. New streets not to be made and buildings on either side thereof not to be erected except in accordance with the direction of Commissioner. 293. Levelling, metalling, etc., on streets. Conversion of Streets into Public Streets 294. Power to declare streets when metalled, etc., public streets. 295. Power to construct or maintain public bridges. CHAPTER XXVI General Provision as to Streets and Public Nuisance Sections 296. Power to require protection of streets, during cutting down of trees, erection, demolition of building, etc. 297. Power to attach brackets for lamps. 298. Destroying direction posts, lamp posts, etc. 299. Bill-sticking without permission. 300. Indecent or obscene pictures or printed or written matter. 301. Naming of streets and numbering of houses. 302. Inflammable materials. 303. Roofs and external walls not to be made of inflammable materials. 304. Picketing animals or collecting carts. 305. Driving vehicles without proper lights. 306. Beating drums, etc. 307. Discharging fire-arms. 308. Quarrying, blasting, cutting timber or building. 309. Lopping of branches, etc. of tree or plant on a public place. PART VII CHAPTER XXVII Co-operation of Police 310. Co-operation of Police. 311. Powers of Police to arrest offenders. 312. Power of Superintendent to arrest a person on requisition from Commissioner. 313. Police protection at fairs, etc. CHAPTER XXVIII Prevention and Extinction of Fires 314. Requisition of fire brigade and arrangements for the prevention and extinction of fire. 315. Power of fire brigade and other persons for suppression of fire. 316. Precautionary measures for places of public entertainment. --12-- CHAPTER XXIX Dangerous Animals Sections 317. Disposal of mad and stray dogs and other animals. 318. Allowing dogs to be at large. 319. Letting loose horse or other animals. CHAPTER XXX Beggars 320. Soliciting alms. 321. Importing beggar. PART VIII CHAPTER XXXI Procedure Licences and written permissions 322. Licences and written permissions. Evidence 323. Proof of consent, etc., of municipal authorities or municipal officers. Signature and Service of Notices, etc. 324. Signature on notices, etc., may be stamped. 325. Service of notice, etc., how to be effected on owner or occupier of premises. 326. Service of notice, etc., how to be effected on any person otherwise than as owner or occupier of premises. 327. The two preceding sections, inapplicable to Magistrate’s summonses. Powers of Entry and Inspection 328. Power of entry on premises for purposes of inspection, survey or execution of necessary work. 329. Power of entry on lands adjacent to works. 330. Right of entry into and inspection of premises licensed for any purpose. 331. Prohibition of obstructing entry. Enforcement of Orders to Execute Works, etc. 332. Execution of work which any person is required to execute by Commissioner at such person’s cost. Recovery of Expenses Sections 333. Power of Commissioner to accept agreement for payment of expenses in installments. 334. Execution of work by occupier in default of owner and deduction of expenses from rent. 335. Limitation of liability of agent or trustee or owner. --13-- Payment of Compensation 336. General power of Commissioner to pay compensation. 337. Compensation to owner for value of immovable property deteriorated. 338. Principle on which and manner in which compensation should be determined. Complaint on Injury 339. Procedure on complaint of injury. 340. Compensation to be paid by offenders against this Act for any damage caused by them. Recovery of Expenses or Compensation in case of Disputes 341. Reference by Commissioner to the District Court, North Goa at Panaji. 342. Application to District Court. 343. Recovery of sums ascertained under section 366 to be due. 344. Saving of right to claim damages for injury. Recovery of Certain Dues 345. Recovery of certain dues by distress and sale. 346. If the defaulter is the owner of premises in respect of which expenses are payable the occupier may also be liable for payment thereof. Proceedings before Courts 347. Decision of the District Court. 348. Procedure in inquiries before Civil Courts. 349. Fees in proceedings before Civil Courts. 350. Limitation of time. Proceedings before Magistrates 351. Procedure in prosecution. 352. Power of Magistrate to hear case in absence of accused. 353. Limitation of time for prosecution. Legal Proceedings Sections 354. Power of Commissioner to institute legal proceedings and obtain legal advice. 355. Notice, limitations and tender of amends in suit against Corporation, etc. 356. Bar to grant of injunctions. 357. Indemnity of Acts done in good faith. Appeals 358. Order passed under this Act and the rules thereunder. 359. Appeals and revisions. CHAPTER XXXII Supplemental Provisions 360. Power of State Government to include certain areas within the limits of the City. 361. Effect of inclusion. 362. Exclusion of specified areas from the operation of certain provisions. General Provisions 363. Power of authority to require any one or more of a number of things to be done. 364. Determination of owner or occupier where there are gradations of owners or occupiers. --14-- 365. Councillors and Municipal Officers, etc., to be deemed public servants. 366. Prohibition of obstruction to municipal contractors. 367. Prohibition of removal of mark. Construction of References 368. Construction of References. Supplemental Provisions 369. Informalities and error in assessments, notices, bills, etc., not to be deemed to invalidate assessment, etc. 370. Disputes between Corporation and local authorities. 371. Disputes between State Government and Corporation. PART IX CHAPTER XXXIII Control 372. Power of State Government to require returns etc. 373. Power of State Government to depute officers to make inspection or examination and report. Sections 374. Power of State Government to require municipal authority to take action. 375. Procedure by State Government when municipal authority fails to take action. 376. Power to demand punishment or dismissal. 377. Power to prevent extravagant establishment. 378. Power of State Government to suspend any resolution or order. 379. Power of Government to supersede Corporation in case of incompetency or default or excess or abuse of power. 380. Consequences of dissolution. 381. Reconstitution of Corporation. 382. Control of the State Government. 383. Enforcement of orders. 384. Certain officials entitled to attend meetings of Corporation or Standing Committee. 385. Rules for inspection of institution and works of Corporation. PART X CHAPTER XXXIV Bye-laws 386. Bye-laws. 387. Penalties for breach of Bye-laws. 388. Conditions precedent to the making of bye-laws. 389. Bye-laws to be subject to sanction of State Government. 390. Publication of bye-laws and rules in Gazette and effect of such publication. 391. Power of State Government to make rules. PART XI CHAPTER XXXV Punishment of Offences 392. Certain offences punishable with fine. --15-- 393. Punishment of certain offences. 394. Power of Corporation in the event of non-compliance. 395. Penalty for obstruction. 396. Punishment for acquiring share of interest in contract, etc., with Corporation. 397. Punishment for essential officer leaving employment. 398. Penalty for disobedience of orders of Corporation authorities. PART XII CHAPTER XXXVI Election Petitions Sections 399. Election petitions to be heard and disposed of by District Court. PART XIII CHAPTER XXXVII Transitory Provisions 400. Transitory provisions. 401. Removal of Difficulties 402. Overriding Effect SCHEDULE SCHEDULE I CHAPTER XXXVIII Removal of Difficulties --16-- The City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003) [21-1-2003] AN ACT To provide for and constitute a Municipal Corporation for a Larger Urban area for Panaji Municipal area and other developed areas. BE it enacted by the Legislative Assembly of Goa in the Fifty-third year of the Republic of India as follows:— PART I CHAPTER I Preliminary 1. Short title, extent and commencement.— (1) This Act may be called as the City of Panaji Corporation Act, 2002. (2) This Act shall apply to the areas specified in Schedule I of this Act: Provided that the State Government may by notification declare that any area or any part thereof, not forming a part of the city of Panaji Corporation, to be a Panchayat area under the Panchayat Raj Act. 4[(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be appointed for such or different areas of Schedule I, different Chapters or sections of this Act.] 2. Repeal of enactment.— (1) Subject to Section 1, on the commencement of this Act, the areas presently included in the Schedule I shall, save as hereinafter provided, be deemed to have been withdrawn from the operation of the Goa Municipalities Act, 1968 or the Goa Panchayat Raj Act, 1993 as the case may be. (2) This withdrawal shall no t affect the validity of anything done or suffered, or any right, title, or proceedings, obligation or liability accrued, before the commencement of this Act. (3) Nothing herein contained shall deprive any person of any right to property, or other private right, except as hereinafter provided. 3. Transfer of liabilities. — (1) All debts and obligations incurred, all contracts entered into with and all matters and things engaged to be done by, or for, the Municipality of Panaji and village panchayat areas indicated in Schedule I, before this Act comes into force shall be deemed to have been incurred, entered into with or engaged to be done by, or for, the Corporation as constituted under this Act. (2) Every appointment, rule, bye -law, form, notification, notice, tax, fees, levy, scheme, order, licence or permission/legal proceedings, process made, issued, imposed, sanctioned or given under the Goa Municipalities Act, 1968, or Goa Panchayat Raj Act, --17-- 1993, shall so far as it relates to the Municipality of Panaji or any panchayat area mentioned in Schedule I and so far as it is in force at the commencement of, and is not inconsistent with, this Act, be deemed to have been made, issued, imposed, sanctioned o r given under the provisions of this Act, and shall unless previously altered, modified, cancelled, suspended, surrendered or withdrawn, as the case may be, under this Act remain in force for the period, if any, for which it was so made, issued, imposed, sanctioned or given: Provided however, in matters concerning construction, sale of articles, trading and in all other matters the presently existing bye -laws applicable to Panaji Municipal Council immediately prior to commencement of this Act, shall continu e to apply to the Corporation area until new bye -laws are framed under this Act and the earlier bye -laws made applicable under this Act are repealed or superseded; (3) All rates, taxes, fees, levies and sums of money, due to the Municipality of Panaji or any panchayat area mentioned in Schedule I when this Act comes into force, shall be deemed to be due to the Corporation; (4) All suits or other legal proceedings, civil or criminal, instituted, by or against the Municipality of Panaji or any panchayat area mentioned in Schedule I may be continued by or against the Corporation. 4. Provisional appointment of Commissioner. — The State Government may, by notification, appoint a person to exercise, perform or discharge the powers, duties and functions which are conferred or imposed by or under this Act as the Commissioner until that officer is appointed under section 48. 5. Definitions.— In this Act, unless there is anything repugnant to the subject or context:— (1) “Administrator” means an Administrator appointed by the State Government under Section 380 of this Act, to exercise the powers and to perform the duties of the Corporation and its authorities; (2) “Assembly constituency” means constituency provided by law for the purpose of elections to the Goa Legislative Assembly, or any part thereof, which is for the time being comprised in the City; (3) “Assembly roll” means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the People Act, 1950; (4) “assessment list” means any municipal assessment register prescribed by section 122 of this Act and includes any register subsidiary thereto; (5) “authorized” means authorized by the Corporation either generally or specially; (6) “bakery” means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever for purposes of profit or sale; (7) “budget grant” means a sum entered on the expenditure side of a budget estimate which has been finally adopted by the Corporation, and in cludes any sum by which such budget grant may at any time be increased under sections 88, 89 or 90 of this Act; --18-- (8) “building” includes a house, outhouse, stable, hut, shed or other enclosure, whether used as a human dwelling or otherwise and shall include als o verandahs, fixed platforms, plinths, door-steps, walls and the like; (9) “building line” means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed; (10) “The Commissioner” means the Municipal Commissioner for the City appointed under section 48 and includes an acting Commissioner appointed under the Act and any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Commissioner to the extent to which such officer is so empowered; (11) “City of Panaji” or “the City” means the large urban area specified in the notification issued in this respect under clause (2) of Article 243 Q of the Constitution of India, known by the name of the City of Panaji; (12) “Closet accommodation” means a receptacle for human excreta, together with the structure comprising such receptacle and the fitting and apparatus connected therewith; (13) “the Corporation” or “Corporation Area” means the Municipal Corporation of the City of Panaji constituted or deemed to be constituted under this Act; (14) “Councillor” means any person who is duly continued under this Act or elected as a member of the Corporati on under this Act; and includes, a nominated Councillor who shall not have the right:- (i) To vote at any meeting of the Corporation and committees of the Corporation; and (ii) To get elected as a Mayor or a Deputy Mayor of the Corporation or a chairperson of any of the Committees of the Corporation; (15) “dangerous diseases” means cholera, plague, tuberculosis, diphtheria, malaria, and any disease which the Corporation or the State Government may, by public notice, declare to be a dangerous disease for the purpose of this Act; (16) “District Court” means the District Court, constituted for the North Goa district; (17) “drain” includes a sewer, tunnel, pipe, ditch, gutter or channel, and any cistern, flush, tank, septic tank, or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, drain water or sub-soil water and any culvert, ventilation, shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special mac hinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; (18) “drug” means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use; (19) “eating-house” means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owing or having an interest in or managing such premises; (20) the expression “erect or re-erect any building” with its grammatical variations and cognate expressions includes: --19-- (a) any material alteration or enlargement of any building; (b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation; (c) the conversion by structural alteration of one or more places of human habitation into a greater number of such places; (d) the conversion by structural alteration of two or more places of human habitation into a lesser number of such places; (e) such alteration of the internal arrangement of a building as effects a change in its drainage or sanitary arrangements or affects its stability; (f) the addition of any rooms, buildings, out-houses or other structure to a building; (g) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of wooden buildings; (h) any change over ground or in land; (21) the expression “essential officer or servant” means every person employed in the municipal corporation in a service declared to be essential by the Commissioner; (22) “factory” has the meaning assigned to it under the Factories Act, 1948; (23) “Finance Commission” means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India; (24) “food” includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enter into or is used in the composition or preparation of human food; and also includes confectionery, flavourin g and colouring matters and spices and condiments; (25) “keeper” means the person in charge of a lodging -house, and may include the owner for the purposes of any rules or bye-laws made under this Act; (26) “land” includes land which is being built upon or is built u pon or covered with water; (27) “licensed plumber”, “licensed surveyor” and “licensed architect” mean, respectively, a person licensed by the Corporation as a plumber or surveyor or architect under this Act; (28) “lodging — house” means a building or part of a build ing which is let for lodgings; (29) “market” includes any place within the City where persons assemble for the sale of meat, fish, fruit, vegetables, live -stock or any other article of food; or commodity and is declared to be so by the Commissioner; (30) “municipal drain” means a drain vested in the Corporation; (31) “municipal market” means a market vested in or managed by the Corporation; (32) “municipal slaughter-house” means a slaughter-house vested in or managed by the Corporation; --20-- (33) “municipal tax” means any impost levied by the Corporation under the provisions of this Act; (34) “municipal water -works” means a water -work vested in or managed by the Corporation; (35) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or o ffence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property; (36) “occupier” includes any person for the time being paying, or liable to pay, to the owner the rent, fees or compensation or any porti on of the rent, fees or compensation of the land or building in respect of which the word is used or damages on account of the occupation of such land or building, and also an owner living in, or other -wise using, his own land or building and a rent -free tenant or a person declared to be a Mundkar under the Goa, Daman & Diu Mundkars (Protection from Eviction) Act, 1976; (37) “offensive matter” includes animal carcasses, dung, dirt, putrid or putrefying substances, and filth of any kind which is not included in “sewage” as defined in this section; (38) “Other Backward Classes” means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes (excluding creamy layer). (39) “owner” when used with reference to any land or building includes the person for the time being receiving the rent of the land or buildi ng or of any part of the land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver who would receive such rent if the land, building or part thereof were let to a tenant; (40) “population” means the population as ascertained at the last preceding Census of which the relevant figures have been published; (41) “prescribed” means prescribed by rules or bye-laws made under this Act; (42) “public analyst” means any person to be appo inted by the Corporation to perform the duties and to exercise the power of a public analyst prescribed under this Act; (43) “public place” includes any public park or garden, or any ground to which the public have or are permitted to have access; (44) the expression “public securities” means Government securities and any securities guaranteed by Government, securities issued by the Corporation and any other securities which the State Government may declare to be public securities for the purposes of this Act; (45) “public street” means any street— (a) heretofore levelled, paved, metalled, channelled sewered or repaired out of municipal or other public funds; or (b) which under the provisions of section 294 is declared to be, or under any other provision of this Act becomes, a public street; and includes --21-- (i) the roadway over any public bridge or causeway, (ii) the footway attached to any such street, (iii) public bridge or causeway, and the drains attached to any such street, public bridge or causeway; (46) “registered trade union” means a trade union registered under the Indian Trade Unions Act, 1926; (47) (a) a person shall be deemed to “reside” in any dwelling -house or hut which, or some portion of which, he sometimes, although not uninterruptedly, uses as a sleeping apartment; and (b) a person shall not be deemed to cease to “reside” in any such dwelling -house or hut merely because he is absent from it or has elsewhere another dwelling-house or hut in which he resides, if there is the liberty of returning to it at any time and no abandonment or the intention of returning to it; (48) “rubbish” includes dust, ashes, broken bricks, mortar, glass, garden or stable refuse or refuse of any kind which is not “offensive matter” or “sewage” as defined in this section; (49) “sewage” means night -soil and other contents of water -closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bath -rooms, stables, cattle - sheds and other like places, and .includes trade effluents and discharges from manufactories of all kinds; (50) “sewage connection” includes any drain set up by the Corporation or the State Government connecting any watery closets, latrines, privy, urinals, bath -room, sink, manhole or tap with any drain set apart by the Corporation for sewage and other offensive matter; (51) “State Election Commission” means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (I) of Article 243-K of the Constitution of India; (52) “street” means any road, land, gully, alley, passage, pathway, square or Court whether a thoroughfare or not, which is accessible to the public whether permanently or temporarily; and includes every vacant space, notwithstanding that it may be private property and obstructed wholly or partly by any g ate, post, chain or other barrier, if houses, shops, or other buildings abut thereon and if it is used by any persons whether occupiers of such buildings or not, as a means of access to or from any public place or thoroughfare but shall not include any par t of such vacant space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; (53) “street line” means a line dividing the land comprised in and forming part of a street from the adjoining land; (54) “traffic sign” includes all signals, warnings signposts, direction posts, signs or other devices, erected by any person or authority authorized by law to do so, for the information, guidance or direction of persons using roads or of wheeled and other traffic; --22-- (55) “vehicle” means a wheeled conveyance capable of being used on the street; (56) “Wards Committees” means the Wards Committees constituted under section 41; (57) “water-closet” means closet accommodation used or adapted or intended to be used in connection with Gove rnment or municipa
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