LexThe Gujarat Provincial Municipal Corporations Act, 1949
Gujarat · state statute
Open in Lexace · Ask the AI about this act1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 i GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT The Gujarat Provincial Municipal Corporations Act, 1949 (Bombay Act No. LIX of 1949) (As modified upto the 30 th November, 2017) PRINTED IN INDIA BY THE MANAGER GOVERNMENT PRESS, V ADODARA. PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING AND STATIONERY , GANDHINAGAR, GUJARAT STATE. 2017 (Price : ` 185-00 ) H-2002–(i) ii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 iii THE GUJARAT PROVINCIAL MUNICIPAL CORPORATIONS ACT, 1949 CONTENTS. Preamble. SectionS. Page N o. CHAPTER I. Preliminary. 1. Short title, extent and commencement. 2 2. Definitions. 2 3. [ Deleted.] 10 3A. Consequences on alteration of limites of City. 10 CHAPTER II. conStitution. Municipal Authorities. 4. Municipal authorities charged with the execution of the Act. 12 5. Constitution of Corporation. 12 5A. [Deleted.] 13 6. Duration of Corporation. 13 6A. Term of office of Councillors. 13 6B. Election to constitute the Corporation. 13 6C. Transitory Provision. 14 7. Resignation of office by Councillors. 14 7A. Provision for appointment of Administrator after expiry of normal term of office of Councillors. 14 Qualifications and disqualifications of voters and councillors. 8. List of voters. 14 9. Qualification for election as Councillor. 15 10. Disqualification for being a Councillor. 15 11. Disabilities from continuing as Councillor. 17 12. Questions as to disqualification to be determined by the Judge. 17 13. Liabilities of councillors to removal. 17 Election of Councillors. 14. Election by State Election Commission. 17 15. Casual vacancies how to be filled. 18 16. Election petitions. 18 iv Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioNS. Page N o. Obligation to vote. 16A. Obligation to vote. 19 16B. Declaration of a voter to be a defaulter voter. 20 16C. V alid and sufficient reasons for not voting. 20 16D. Notice. 20 16E. Appeal. 20 17. [Deleted.] 20 18. Procedure if election fails or is set aside. 20 19. Mayor and Deputy Mayor. 20 Honoraria, fees and allowances. 19A. Honoraria, fees or allowances. 21 Standing Committee. 20. Constitution of Standing Committee. 21 21. Appointment of Chairman of Standing Committee. 21 22. Member of Standing Committee absenting himself from meetings to vacate seat. 22 2 3 . C a s u a l v a c a n c i e s i n S t a n d i n g C o m m i t t e e h o w t o b e fi l l e d . 2 2 24. Standing Committee may delegate powers to Special Committee or Sub-Committee. 22 The Transport Committee. 25. Appointment of Transport Committee. 22 26. Disqualification of members of Transport Committee. 23 27. Chairman of Transport Committee. 24 28. Conveyance charges for attendance at meetings of Transport Committee. 24 29. Sub-Committees of Transport Committee. 24 29A. Constitution of Wards Committee. 24 Special and Ad hoc Committees. 30. Special Committees of the Corporation. 25 31. Appointment of Ad hoc Committees. 26 Joint Committees. 32. Joint transactions with other local authorities. 26 Provisions regarding Validity of Proceedings. 33. V acancy in Corporation, etc. not to invalidate its proceedings. 27 34. Proceedings of Corporation, etc. not vitiated by disqualification, etc. of members thereof. 27 35. Proceedings of meetings to be good and valid until contrary is proved. 27 The Municipal Commissioner. 36. Appointment of the Commissioner. 27 37. Salary of Commissioner. 28 38. Grant of leave of absence to Commissioner and leave allowance. 28 39. Appointment and remuneration of acting Commissioner. 28 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 v SectioNS. Page No. Transport Manager. 40. Appointment of Transport Manager. 28 41. Leave of Transport Manager. 28 Disqualifications of the Commissioner. 42. Commissioner not to be interested in any contract, etc. with Corporation. 29 CHAPTER III. ProceedingS of the corPoration, S tanding committee, tranSPort committee and other bodieS. 43. Proceedings of the Corporation, Standing Committee, etc. 29 44. Right to ask questions. 29 CHAPTER IV . municiPal officerS and S erv antS—their aPPointment and conditionS of S erviceS. City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner. 45. Appointment of City Engineer, etc. 30 46. Powers and duties of City Engineer and Medical Officer of Health. 30 47. Powers and duties of Municipal Chief Auditor. 30 48. Powers and duties of Municipal Secretary. 31 49. Powers and duties of Deputy or Assistant Municipal Commissioner. 31 50. Conditions of service of statutory officers of Corporation. 32 Other Officers and Servants. 51. Number designations, grades, etc. of other municipal officers and servants. 32 52. Restriction on employment of permanent officers and servants. 33 53. Power of appointment in whom to vest. 33 54. Manner of making appointment. 33 55. Saving in respect of officers and servants appointed under Chapter XX. 34 Imposition of Penalties. 56. Imposition of penalties on municipal officers and servants. 34 vi Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioNS. Page No. Leave of absence, acting appointments, etc. 57. Leave of absence. 35 58. Acting appointments. 36 Disqualification of municipal officers and servants. 59. Disqualification of municipal officers and servants. 36 60. Occupation of and liability to vacate premises provided by Corporation for municipal 36 officers and servants. 60A. Provident Fund to be deposited in Government Treasury. 37 CHAPTER V . eSSential S erviceS. 61. Members of essential services not to resign, etc. without permission. 37 62. Power of State Government to declare emergency. 37 CHAPTER VI. dutieS and PowerS of the municiPal authoritieS and officerS. Obligatory and Discretionary Duties of the Corporation. 63. Matters to be provided for by the Corporation. 38 64. Corporation to provide for anti-rabic treatment. 39 65. Corporation to provide for maintenance of lunatics and lepers. 40 66. Matters which may be provided for by Corporation at its descretion. 40 Respective functions of the several Municipal Authorities. 67. Functions of the several municipal authorities. 42 68. Commissioner to exercise powers and perform duties of Corporation under other laws. 43 69. Municipal officers may be empowered to exercise certain of the powers, etc. of the Commissioner 44 or the Transport Manager. 70. Corporation may call for extracts from proceedings, etc. from the standing Committee, etc. 44 71. Corporation may require Commissioner to produce documents and furnish returns, reports, etc. 44 72. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure. 45 CHAPTER VII. contractS. 73. Power to Commissioner to execute contracts on behalf of Corporation. 45 74. Mode of executing contracts. 46 75. Contracts relating to Transport Undertaking. 46 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 vii CHAPTER VIII. municiPal ProPerty. Acquisition of Property. SectioNS. Page No. 76. Powers of Corporation as to acquisition of property. 46 77. Acquisition of immovable property. 47 78. Procedure when immovable property cannot be acquired by agreement. 47 Disposal of Property. 79. Provisions governing the disposal of municipal property. 48 79A. Obligation annexed to property binding on transferee. 49 80. Decision of claims to property by or against the Corporation. 49 81. Power of Corporation to enforce covenants against owner for the time being of land. 49 CHAPTER IX. the municiPal fund and other fundS. The Municipal Fund. 82. Constitution of Municipal Fund. 50 83. Commissioner to receive payments on account of Municipal Funds and to lodge them in a bank. 50 84. How the Fund shall be drawn against. 50 85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when convenient. 51 86. Restrictions on expenditure from Municipal Fund. 51 87. Procedure when money not covered by budget-grant is expended under clause (e), (f), (g) or (h) 51 of sub-section (2) of section 86. 88. Purpose for which Municipal Fund is to be applied. 51 89. Municipal Fund where to be expended. 52 90. Temporary payments from Municipal Fund for works urgently required for public service. 52 Special Funds. 91. Constitution of Special Funds. 52 Disposal of Balances. 92. Investment of surplus moneys. 53 Accounts. 93. Accounts to be kept in forms prescribed by Standing Committee. 53 94. Preparation of annual administration report and statement of accounts. 53 viii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioNS. Page No. Annual Budget Estimate. 95. Estimates of income and expenditure to be prepared annually by Commissioner. 53 96. Budget estimates to be prepared by Standing Committee. 54 97. Estimates of expenditure and income of the Transport Undertaking to be prepared annually by 55 Transport Manager. 98. Budget Estimate “B” to be prepared by Transport Committee. 55 99. Fixing of rates of taxes. 56 100. Final adoption of budget estimates. 56 101. Corporation may increase amount of budget grants and make Additional grants. 56 102. Provision as to unexpended budget grants. 56 103. Reductions or transfers. 56 104. Readjustment of income and expenditure to be made by the Corporation during course of official 56 year whenever necessary. Scrutiny and Audit of Accounts. 105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the 57 Standing Committee. 106. Report by the Chief Auditor. 57 107. Application of sections 105 and 106 to accounts of Transport Fund. 57 108 A Special audit may be directed by State Government. 58 108A. Audit and technical guidance and supervision over audit. 58 CHAPTER X borrowing PowerS. 109. Powers of Corporation to borrow money. 58 110. Power of Corporation to borrow from banks against public securities. 59 110A. Corporation may take advances from banks and grant mortgages. 59 111. when and how loan shall be repaid. 59 112. Maintenance and application of sinking fund. 59 113. Investment of sinking fund. 60 114. Investment of sinking fund and surplus moneys in debentures issued by Corporation. 60 115. Annual examination of sinking funds. 61 116. Provision for loans raised before the appointed day. 61 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 ix SectioNS. Page No. 117. Attachment of Municipal Fund or, Transport Fund in default of re-payment of loan. 62 118. Form of debentures. 62 119. Coupons attached to debentures to bear signature of Chairman of Standing Committee and 62 Commissioner. 120. Debentures issued to two or more persons jointly. 62 121. Issue of duplicate securities. 62 122. Renewal of debentures. 63 123. Liability in respect of debentures renewed. 64 124. Discharge in certain cases. 64 125. Indemnity. 64 126. Annual statement to be prepared by Commissioner. 64 CHAPTER X-AA. finance commiSSion. 126AA. Finance Commission. 65 CHAPTER X-A. financial aSSiStance to corPorationS. 126A. Power of State Government to make grants. 65 CHAPTER X-B. taxation by the State government. 126B. Levy of fifty paise cess on every rupee of land revenue. 65 126C. Levy of cess on water rate. 66 126D. Manner of levying cess described in section 126B. 66 126E. Manner of levying cess described in section 126C. 66 126F. Collection and credit of local cess on land revenue and water rates. 66 126G. Suspension and remission of local cess. 66 126H. V alidation of levy, assessment and collection of cess on land revenue and water-rate in Cities. 66 CHAPTER XI. municiPal taxation. 127. Taxes to be imposed under this Act. 67 128. Manner of recovering municipal taxes. 68 H-2002–(ii) x Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX ProPerty taxeS. Property Taxes Leviable. SectioNS. Page No. 129. Property taxes of what to consist and at what rate leviable 69 129A. Temporary reduction in minimum rate of general tax in respect of Corporations of Baroda and 70 Surat and validation of action taken. 129B. Temporary reduction in minimum rate of general tax in respect of the Corporation of Rajkot 70 and validation of action taken. 130. Water tax on what premises levied. 70 131. Conservancy tax on what premises to be levied. 70 132. General tax on what premises to be levied. 71 133. Payments to be made to Corporation in lieu of general tax by State Government. 71 Special provisions relating to water and conservancy taxes. 134. Fixed charges and agreements for payments in lieu of taxes for water supplied. 72 135. Government to be charged for water by measurement. 72 136. Supply of water at public drinking fountains, etc. not to be taxed. 72 137. Conservancy tax may be fixed at special rates in certain cases. 73 138. Water tax or conservancy tax paid by any person may be recovered by him from the occupier of the 73 premises for which it is paid. Liability for Property Taxes. 139. Primary responsibility for property taxes on whom to rest. 73 139A. Apportionment of responsibility for property tax when the premises assessed are let or sub-let. 74 140 When occupiers may be held liable for payment of porperty taxes. 74 141. Property taxes to be a first charge on premises on which they are assessed. 74 141A. Levy of interest on the sum due on account of property tax. 75 Property Taxes. 141AA. Property taxes of what to consist and at what rate leviable. 75 141B. General taxes at what rate leviable. 76 141C. Property taxes on what buildings and Lands to be levied. 77 141D. Payments to be made to Corporation in lieu of property taxes. 77 141E. Rebate in certain cases. 77 141F. Application of certain sections to levy of property taxes. 77 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xi SectioNS. Page No. Tax on Vehicles, Boats and Animals. 142. Tax on vehicles, boats and animals. 77 143. Exemptions from the tax. 78 144. Livery-stable keepers and others may be compounded with. 78 145. Power to inspect stables and summon persons liable to the tax. 78 Tax on Mobile Towers 145A. Tax on Mobile Towers. 79 Exemptions from Theatre Tax. 148. Exemptions from theatre tax. 79 Other Taxes. 149. Procedure to be followed in levying other taxes. 79 Supplementary Taxation. 150. Any tax imposable under this Act may be increased or newly imposed by way of imposing 80 supplementary taxation. Refunds. 151. Refunds of taxes how obtainable. 80 Writing off of taxes. 152. Writing off of irrecoverable taxes. 80 152A. Assessment, levy, etc. of property taxes in the City of Ahmedabad for past years in respect of 80 certain properties. CHAPTER XII. drainS and drainage. Municipal Drains. 153. Drains to be constructed and kept in repair by the Commissioner. 81 154. Adoption by Corporation of drains and drainage or sewage disposal works. 81 155. Powers for making drains. 82 156. Alteration and discontinuance of drain. 82 157. Cleansing drains. 83 Drains of Private Streets and Drainage of Premises. 158. Po wer to connect drain of private street with municipal drain. 83 159. Right of owners and occupiers of buildings and lands to drain in to municipal drains. 83 160. Powers of Commissioner to require drain or proposed drain to be so constructed as to 83 form part of general system. xii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioNS. Page No. 161. Connections with municipal drains not to be made except in conformity with section 158 or 1 59. 84 162. Right of owners and occupiers of premises to carry drain through land belonging to other persons. 84 163. Owner of land to allow others to carry drains through the land. 84 164. Commissioner may enforce drainage of undrained premises situate within hundred feet of 85 municipal drain. 164A. Premises deemed to be without effectual drainage. 85 165. Commissioner may enforce drainage of undrained premises not situate within hundred feet of 85 municipal drain. 166. Special provisions relating to trade effluent. 85 166A. Special provisions regarding drainage of trade effluents. 85 167. Power of Commissioner to drain premises in combination. 86 168. Commissioner may close or limit the use of existing private drains. 86 169. V esting and maintenance of drains for sole use of properties. 87 170. Right of Corporation to drains, etc. constructed, etc. at charge of Municipal Fund on premises, 87 not belonging to Corporation. 171. New building not to be erected without drains. 87 172. Obligation of owners of drains to allow use or joint ownership to others. 87 173. How right of use or joint ownership of a drain may be obatined by a person other than the owner. 87 174. Sewage and rain water drains to be distinct. 88 175. Affixing of pipes for ventilation of drains, etc. 88 Disposal of Sewage. 176. Appointment of places for emptying of drains and disposal of sewage. 88 177. Provision of means for disposal of sewage. 89 Water-closets, Privies, Urinals, etc. 178. Construction of water-closets and privies. 89 178A. Power of Commissioner to require owner to provide water-closet or privy accommodation. 89 179. Water-closets and other accommodation in buildings newly erected or re-erected. 90 180. Public necessaries. 90 Inspection. 181. Drains, etc. not belonging to Corporation to be subject to inspection and examination. 90 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xiii SectioNS. Page No. 182. Power to open ground, etc. for purposes of inspection and examination. 90 183. Expenses of inspection and examination. 90 184. Commissioner may require repairs, etc. to be made. 91 185. Cost of inspection and execution of works in certain cases. 91 185A. Power of Commissioner to provide house drain, water connections, etc. in premises where 91 owner is not willing to do so. General Provisions. 186. Prohibition of acts contravening the provisions of the Act, rules or by-laws or done without 92 sanction. 187. Water closets, etc. not to be injured or improperly fouled. 93 188. Commissioner may execute certain works under this Act without allowing option to persons 93 concerned of executing the same. CHAPTER XIII. water SuPPly. Construction and Maintenance of Municipal Water Works. 189. Water supply. 93 190. Inspection of municipal water works by persons appointed by State Government. 93 191. Power of access to municipal water works. 93 192. Power of carrying water-mains, etc. 94 193. Fire-hydrants to be provided. 94 194. Prohibition of certain acts affecting the municipal water works. 94 195. Buildings, etc. not to be erected over municipal water-main without permission. 94 Public Gratuitous Water-Supply. 196. V esting of public drinking fountains, etc. in the Corporation. 95 197. Public drinking fountains, etc. may be set apart for particular purposes. 95 Private Water Supply. 198. Conditions as to use of water not to be contravened. 95 199. Water pipes, etc. not to be placed where water will be polluted. 95 200. Prohibition of Fraudulent and unauthorised use of water. 95 General. 201. Power to supply water without the City. 96 xiv Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioNS. Page No. CHAPTER XIV . StreetS. Construction, Maintenance and Improvement of Streets. 202. V esting of public streets in Corporation. 96 203. Power of Commissioner in respect of public streets. 96 204. Disposal of land forming site of closed streets. 96 205. Power to make new public streets. 96 206. Minimum width of new public streets. 97 207. Power to adopt, construct or alter any sub-way, bridge, etc. 97 208. Power to prohibit use of public streets for certain kinds of traffic. 97 209. Power to acquire premises for improvement of public streets. 97 210. Power to prescribe street lines. 98 211. Setting back buildings to the regular line of the street. 99 212. Additional power of Commissioner to order setting back of buildings to regular line of street. 99 213. Acquisition of open land or of land occupied by platforms, etc. within regular line of street. 100 214. Acquisition of the remaining part of building and land after their portions within a regular line of 100 the street are acquired. 215. Setting forward of buildings to the line of the street. 100 216. Compensation to be paid and betterment charges to be levied. 101 Provisions regarding Private Streets. 217. Notice to be given to Commissioner of intention to lay out lands for building and for private 101 streets. 218. Commissioner may call for further particulars. 102 219. Commissioner may require plans to be prepared by licensed surveyor. 102 220. Laying out of land, dimensions and areas of each building plot; laying out of private streets 102 and buildings and heights of buildings to be determined by Commissioner. 221. Land not to be appropriated for building and private street not to be laid out until expiration 102 of notice nor otherwise than in accordance with Commissioner’s directions. 222. Renewal of notice of intention to carry out works not executed in pursuance of approval given 103 under section 220. 223. Levelling and draining of private streets and means of access. 103 224. Power to declare private streets when sewered, etc. public streets. 103 225. Applicability of sections 223 and 224 when a street is in part public and in part private. 103 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xv SectioNS. Page No. Projections and Obstructions. 226. Prohibition of projections upon streets, etc. 104 227. Projections over streets may be permitted in certain cases. 104 228. Ground floor doors, etc. not to open outwards on streets. 104 229. Prohibition of structures or fixtures which cause obstruction in streets. 105 230. Prohibition of deposit, etc. of things in streets. 105 231. Commissioner may, without notice, remove anything erected, deposited or hawked or 105 exposed for sale in contravention of Act. 232. Power to require removal of any structure or fixture erected or setup before the appointed day. 105 233. Prohibition of tethering of animals in public streets. 105 Temporary Erections on Streets during Festivals. 234. Commissioner may permit booths, etc. to be erected on streets on festivals. 106 Provisions concerning Execution of Works in or near to Streets. 235. Street when broken up for any municipal purposes to be restored without delay. 106 236. Commissioner may close street in which work is in progress. 106 237. Commissioner to provide for traffic, etc. pending execution of municipal work in any street. 106 238. Precautions to be taken for public safety whilst municipal works are in progress in 106 any street. 239. Streets not to be opened or broken up and building materials not to be deposited thereon 107 without permission. 240. Precautions for public safety to be taken by person to whom permission is granted under 107 section 239. 241. Persons to whom permission is granted under section 239 must reinstate streets, etc. 107 242. Provisions to be made by persons granted permission under section 239 for traffic, etc. 107 243. Buildings at corners of street. 107 Sky-signs and Advertisements. 244. Regulations as to sky-signs. 108 245. Regulation and control of advertisements. 108 Dangerous places and places where some work affecting human safety or convenience is carried on. 246. Hoards to be set up during work on any building adjacent to street. 109 247. Commissioner to take proceedings for repairing or enclosing dangerous places or places 109 where some work affecting safety or convenience is carried on. xvi Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioNS. Page No. 248. protective measures during demolition work. 110 Lighting of Streets. 249. Public streets to be lighted. 110 Watering of Streets. 250. Measures for watering streets. 110 Miscellaneous. 251. Prohibition of removal, etc. of lamps or any other municipal property on streets. 110 252. Persons accidentally breaking lamp to repair the damage. 110 CHAPTER XV . Building RegulationS. Notices regarding Erection, etc. of Buildings. 253. Notice to be given to Commissioner of intention to erect building. 111 254. Notices to be given to Commissioner of intention to make additions, etc. to building. 112 255. Plans, etc. submmitted to be rejected if not drawn, etc. in prescribed manner. 112 256. Effect of non-compliance with requisition made by Commissioner. 112 Commencement of Work. 257. Supervision of buildings and works. 113 258. Power to Commissioner to cancel permission on the ground of material misrepresentation by 113 applicant. 259. Inspection of buildings in course of erection, alteration, etc. 113 260. Proceedings to be taken in respect of building or work commenced contrary to rules or bye-laws. 113 261. Buildings or works commenced contrary to Act, may be cut into and laid open for purpose of 113 inspection. 262. Enforcement of provisions concerning buildings and works. 114 263. Completion certificates : permission to occupy or use. 114 Lawfully erected structures infringing rules or bye-laws 263A. Power to require demolition or alteration of lawfully constructed hats or sheds infringing rules 114 or bye-laws. Dangerous Structures. 264. Removal of structures, etc. which are in ruins or likely to fall. 114 265. Periodic inspection of buildings. 115 266. Dangerous openings in buildings. 116 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xvii SectioN. Page No. Works unlawfully carried on. 267. Powers of Commissioner to direct removal of persons directing unlawful work. 116 Power to vacate premises. 268. Power of Commissioner to vacate any building in certain circumstances. 116 Regulation of certain classes of buildings in particular localities. 269. Power to regulate future construction of certain classes of buildings in particular streets 117 or localities. CHAPTER XVI. ImProvement SchemeS. 270. Commissioner to make draft improvement scheme. 118 271. Particulars to be provided for in an improvement scheme. 118 272. Procedure on completion of scheme. 119 273. Right of owner to demand acquisition on issue of notification when building operations are 120 in progress. 274. Right of owner to demand acquisition or withdrawal by Corporation after lapse of two 120 years from date of notification. 275. Standing Committee after publication and service of notices to forward scheme to Corporation 121 for approval. 276. Corporation to consider improvement scheme and to approve or disapprove. 121 277. Commissioner to apply to State Government for sanction to the scheme. 121 278. On receipt of sanction declaration to be published giving particulars of land to be acquired 122 and on publication of such declaration Commissioner to be authorised to execute scheme. 279. If Corporation fails to acquire the land, owner may call upon Corporation to acquire it or to 122 withdraw from proposal. Clearance areas. 280. Power to declare an area to be a clearance area. 123 281. Clearance orders. 123 282. Acquisition of land surrounded by or adjoining clearance area. 125 283. Provisions with respect to property of the Corporation within, surrounded by, or adjoining, 125 clearance area. 284. Acquisition of land in a clearance area. 125 284A. Treatment of a clearance area. 125 284B. Arrangements where acquisition of land in clearance area unnecessary. 126 284C. Power to acquire cleared land which owners have failed to redevelop. 126 284D. Power of Court to determine lease where premises demolished. 127 H-2002–(iii) xviii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioN. Page No. Redevelopment areas. 284E. Power to declare an area to be re-development area. 127 284F. Re-development plan. 127 284G. Acquisition of land for purposes of re-development. 128 General provisions as to land purchased for clearance or re-development. 284H. Extinguishment of ways easement, etc. over land acquired under sections 284, 284C and 284G. 129 Provision of housing accommodation for the poorer classes. 284-I. Mode of provisions of accommodation. 130 284J. Power of Commissioner to acquire land for housing accommodation. 130 284K. Mode of acquision of land for housing accommodation. 130 284L. Power of dealing with land acquired or appropriated for provision of housing accommodation. 131 284M. Supplementary powers in connection with provision of accommodation. 131 Land Acquisition. 284N. Extent to which land Acquisition Act shall apply to acquisitions of land otherwise than by agreement. 132 284-O. Determination by special Tribunal in certain cases. 133 284P . Special provisions as to compensation. 133 284Q. Collector to take possesion after making an award and transfer land to Corporation. 134 Levy of betterment charges. 284R. Condition for leving betterment charges in clearance and development areas. 134 284S. Method of calculating charge. 135 284T. Procedure for determining charge. 135 CHAPTER XVII. MuniciPal fire-brigade. 285. Maintenance of firemen and of necessary fire engines, etc. 136 286. Powers of Chief Officer of Fire-Brigade at a Fire. 136 287. Police and Municipal officers and servants to aid the fire-brigade. 136 288. Damage done by fire-brigade to be deemed damage by fire. 136 289. Report of fire to be submitted. 136 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xix SectioN. Page No. CHAPTER XVIII. Sanitary-ProviSionS. Scavenging and cleansing. 290. Commissioner to provide for cleansing of streets and removal refuse. 136 291. Refuse, etc. to be the property of the Corporation. 137 292. Provisions and appointment of receptacles, depots and places for refuse, etc. 137 293. Provision may be made by Commissioner for collection, etc. of excrementitions and pollute matter. 137 294. Special sanitary arrangements at certain places. 137 295. Scavenger’s duties in certain cases may not be discharged by private individuals without 137 Commissioner’s permission. Inspection and Sanitary Regulation of Premises. 296. Power to inspect premises for sanitary purposes. 137 297. Cleansing and lime-washing of any building may be required. 137 298. Buildings or rooms in building unfit for human habitation. 137 299. Power to require repairs of in sanitary buildings. 138 300. Power to order demolition of insanitary buildings. 138 301. Procedure where demolition order made. 139 302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations 139 made subsequently. 303. Power to order demolition of obstructive building. 139 304. Effect of order for demolition of obstructive building. 140 305. Compensation for acquiring obstructive buildings recoverable in certain cases as improvement 140 expenses. 306. Appeal against demolition orders. 141 306A. Prohibition of back-to-back buildings. 141 307. Over crowded dwellings. 141 308. Insanitary huts and sheds. 142 Disposal of Carcasses of Animals. 309. Removel of carcasses of dead animals. 142 Regulation of Public Bathing, Washing, etc. 310. Places for public bathing, etc. to be fixed by Commissioner and regulation of use of such places. 142 311. Prohibition of bathing, etc. contrary to order. 142 312. Prohibition of corruption of water by steeping therein animal or other matter, etc. 143 xx Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioN. Page No. Regulation of Factories, Trades, etc. 313. Factory, etc. not so be newly established without permission of Commissioner. 143 314. Prohibition of Corruption of water by Chemicals, etc. 143 Prevention and checking spread of dangerous diseases. 315. Power of Commissioner, Medical Officer of Health, etc. in case of danagerous disease. 143 316. Any place may at any time be inspected for purpose of preventing spread of dangerous diseases. 144 317. Destruction of huts and sheds when necessary. 144 318. Closure of lodging and eating houses. 144 Special Sanitary Measures. 319. Commissioner may take special measures on out break of any dangerous disease. 144 Disposal of the Dead. 320. Places for disposal of the dead to be registered. 144 321. Provision of new places for disposal of the dead. 145 322. New places for disposal of the dead not to be opened without permission of Commissioner. 145 323. State Government may direct closing of any place for disposal of dead. 145 324. State Government may sanction reopening of places which have been closed for 145 disposal of dead. 325. Burials within places of worship and exhumations not to be made without permission of 146 Commissioner. 326. Acts prohibited in connection with disposal of dead. 146 CHAPTER XIX. marketS and Slaughter-houSeS. Maintenance and Regulation of Markets and Slaughter-houses. 327. What to be deemed municipal markets and slaughter- houses. 147 328. Provision of new municipal markets and slaughter houses. 147 329. Municipal markets, slaughter-houses and stock yards may be closed. 147 330. Prohibition of sale of commodities sold in municipal markets. 147 331. Opening of private markets and of private slaughter houses. 147 332. Levy of stallages, rents and fees in municipal markets, slaughter houses and stock-yards. 147 333. Removal of live cattle, sheep, goats or swine from any municipal slaughter-house, stock-yard, 148 market or premises. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxi SectioN. Page No. 334. Power to expel persons contravening rules, bye-laws, or standing order. 148 335. Prohibition of import of cattle, etc. into City without permission. 148 Inspection of Places of Sales, etc. 336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the 149 provisions of this Act is suspected. 337. Commissioner to provide for inspection of articles exposed for sale for human food. 149 338. Unwholesome articles, etc. to be seized. 149 339. Disposal of perishable articles seized under section 338. 149 340. Saving of Bombay Animal Preservation Act, 1948. 149 CHAPTER XX. the tranSPort undertaking. The Operation of the undertaking and the Construction and Maintenance of Works. 341. Provisions of this Chapter when applicable. 149 342. Management of Undertaking by Transport Manager. 150 Fares and Charges. 343. Levy of fares and charges for transport services. 150 Acquisition and Disposal of Property. 344. Acquisition of immovable Property. 151 345. Provisions governing disposal of municipal property. 151 Officers and Servants. 346. Statement of permanent officers and servants to be prepared by Transport Manager and 152 sanctioned by Transport Committee. 347. Restriction on appointment of permanent officers and servants. 152 348. Creation of temporary posts. 152 349. Power of appointment in whom to vest. 152 350. Leave of absence. 153 revenue and exPenditure. The Transport Fund. 351. Constitution of Transport Fund. 153 352. Transport Manager to receive payments on account of Transport Fund and to lodge them in bank. 153 353. How Transport Fund shall be drawn against. 153 354. Deposit of portion of Transport Fund may be made with bank or agency out of City when convenient. 153 xxii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioN. Page No. 355. Only sums covered by budget grant to be expended from Transport Fund. 154 356. Procedure when money not covered by budget grant is expended under clause (c), (d) or (e) of 154 sub-section ( 2) of section 355. 357. Purposes for which Transport Fund is to be applied. 154 358. Investment of surplus moneys. 155 Payments out of Surplus Balance. 359. Fixed annual payment to Municipal Fund. 155 360. Disposal of surplus balance of revenue. 156 Accounts. 361. Accounts of the Transport Undertaking. 156 362. Preparation of annual administration report and statement of accounts. 156 CHAPTER XXI. vital StatiSticS. Registration of Births and Deaths. 363. Appointment of Registrars. 157 364. Register books to be maintained. 157 365. Registrars to inform themselves of all births and deaths. 157 366. Information of births to be given within seven days. 157 367. Information respecting finding of new-born child to be given. 158 368. Information of death to be given. 158 369. Medical practitioner who attended a deceased person to certify cause of his death. 158 370. Correction of errors in registers of births or deaths. 158 371. Registration of name of child or of alteration of name. 158 CHAPTER XXII. licenceS and PermitS. I. Licensing of Surveyours, Architects or Engineers, Structural Designers, Clerks of Works and Plumbers. 372. Grant of licences to Architects or Engineers, Structural Designers, Plumbers and Clerks of Works. 159 373. Orders may be prescribed for guidance of Surveyors, etc. 159 374. Fees and charges of licensed plumbers to be prescribed by Standing Committee. 159 375. Licensed Plumbers to be bound to execute work properly. 159 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxiii SectioN. Page No. II. Trade licenses and other licences for keeping animals and certain articles. 376. Certain things not to be kepts and certain trades and operations not to be carried on, without licence. 159 376A. Power to stop use of premises where such use is dangerous or causes nuisance. 161 III. Licences for sale in Municipal Markets. 377. Prohibition of sale in municipal markets without licence of Commissioner. 161 I V. Licences for Private Markets. 378. Private markets not to be kept open without licence. 161 379. Prohibition of sale in unauthorised private markets. 161 380. Slaughter of animals for skins. 162 V. Licences for sale of Articles of Food outside of markets. 381. Prohibition of sale of animals, etc. except in market. 162 VI. Licences of Butchers, etc. 382. Butchers and persons who sell flesh of animals to be licences. 162 VII. Licences for Dairy Products. 383. Licence required for dealing in dairy Produces. 162 VIII. Licences for Hawkings, etc. 384. Licences for sale in public places. 162 385. Licences for use of skill in handicrafts or rendering services for purposes of gain in public place 162 or street. IX. General provisions regarding Licences and Permits. 386. General provisions regarding grant, suspension or revocation of licences and written permissions and levy or fees, etc. 162 CHAPTER XXIII. Power of entry and inSPectionS. 387. Power of entry and inspection. 163 388. Time of making entry. 164 388A. Power of Commissioner to evict persons summarily in certain cases. 164 CHAPTER XXIV . comPenSation. 389. Doing minimum damage in certain cases. 164 390. Commissioner to determine Compensation. 165 391. Appeal. 165 xxiv Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX SectioN. Page No. CHAPTER XXV . PenaltieS. 392. Certain offences punishable with fine. 165 393. Offences punishable under the Penal Code. 166 394. Punishment for offences of preparing false election rolls. 166 395. Punishment for acquiring share or interest in contracts, etc. with Corporation. 167 396. Punishment for breach of section 61 or 62. 167 397. Punishment for offences against section 194. 167 398. Penalty for evasion of toll. 167 399. General penalty. 167 400. Extent of penal responsibility of agents of trustees and owners. 167 401. Offences by companies, etc. 167 402. Compensation payable by offenders against this Act for damage caused by them. 168 CHAPTEER XXVI. ProceedingS before Judge, aPPellate courtS and magiStrateS. I. Election Inquiries. 403. Procedure in election inquiries. 168 404. Disqualification for election as councillor for certain election offences. 169 II. References to the Judge. 405. References to the Judge. 169 III. Appeals against Valuations and Taxes. 406. Appeals when and to whom to lie. 169 407. Cause of complaint when to be deemed to have accrued. 170 408. Arbitration. 170 409. Appointment of expert valuer. 171 410. Reference to Civil Appellate Court. 171 411. Appeals to the Civil Appellate Court. 171 412. Costs of proceedings in appeal. 171 413. Unappealed values and taxes and decisions on appeal to be final. 171 IV . Appeals to the Judge and the Civil Appellate Court. 414. Appeals to the Judge. 172 415. Appeals against demolition orders. 172 416. Appeals against decision of the Judge regarding payment of expenses for works executed. 172 416A. Fees in appeals before Civil Appellate Court. 173 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxv SectioN. Page No. V. Proceedings before Judge. 417. Remedy of owner of building or land against occupier who prevents his complying with any 173 provisions of this Act. 418. Power to summon witnesses and compel production of documents. 173 419. Fees in proceeding before the Judge. 174 420. Exemption of poor persons from fees. 174 421. Repayment of half fees on settlement before hearing. 174 VI. Appointment of Magistrates. 422. Appointment of a Magistrate of the First Class. 174 VII. References to Magistrates. 423. References to Magistrates. 174 424. Disposal of animals and articles of non-perishable nature seized under section 338. 175 425. Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food. 175 426. Application for summons to be refused if not applied for within a reasonable time. 175 VIII. Proceeding before Magistrates and the Criminal Appellate Court. 427. Cognizance of offences. 175 428. Limitation of time within which complaints of offences 175 punishable under this Act shall be entertained. 429. Power of Magistrate to hear cases in absence of accused. 175 430. Report of Chemical Analyser to Government. 175 431. Complaint concerning nuisances. 176 432. Appeal to the Criminal Appellate Court from order passed under section 431. 176 IX. Arrest of offenders. 433. Offenders against this
Excerpt shown. Open the full act in Lexace.