1995(2) ALL INDIA LAND LAWS REPORTER 297

 

81.      Recovery of taxes, etc. – (1)           Any rears of any tax, water rate, 1[rent] application to a Magistrate having jurisdiction within the limits of the municipality, or in any other place where the person from whom the money is claimable may for the time being be resident, by the distress and sale of any immovable property within the limits of his jurisdiction belonging to such person. 2[The cost of such proceedings shall be recoverable from the defaulter in the same manner as the said arrears.]

           3[(2)    An application made under sub-section (1) shall be in writing and shall be signed by the 4[President, a Vice-President or the Secretary] of the committee, but it shall not be necessary to present it in person.]

 

CASE LAW

           - Section 81 – Plaintiffs – Respondents are the tenants of municipality paying rent regularly, having taken the shops on lease in a public auction – Municipality unilaterally increased the rent, resisted by tenants – Municipality proceeded to recover the amount in a summary way – Trial Court held in favour of tenants – Municipal is in appeal – Held – Under Section 81 summary recovery will be made in respect of “claimable” sums and not “any sum” – Municipality has not been able to point out any provision in the Act under which shops in dispute were leased by the Committee – Sum in dispute is not “Claimable” – Orders of the Trial Court upheld.

 

1994 (3) ALL INDIA LAND LAWS REPORTER 41

 

5[81-A. Recovery of water tax and water rate as arrears of land revenue: - When a committee has made over to the 6[State] Government its water works for maintenance, any arrears of water tax and water rate or both due to the committee under this Act, may be recovered by the 7[State] Government on behalf of the committee as arrears of land revenue.]

 

82.      Recovery of octroi and tools: - (1) In case of non-payment of any octroi 8[or terminal tax] or of any toll on demand, the officer empowered to collect there same may seize any articles on which the octroi 9[or terminal tax] is chargeable or any vehicle or animal on which the toll is chargeable, or any part of its burden of sufficient value to satisfy the demand.

(2)       The committee after the lapse of five days from the seizure, and after the issue of a proclamation fixing the time and place of sale, may cause any property to be seized, or so much thereof, as may be necessary to be sold by auction to satisfy the demand with the expenses occasioned by the seizure, custody and sale thereof, unless the demand and expenses are in the meantime paid:

 

Provided that, by order of the 10[President or a Vice-President] article of a perishable nature which could not be kept for five days without serious risk of damage may be sold after the lapse of such shorter time as he may, having regard to the nature of the articles, think proper.

Provided that, by order of the 10[President or a Vice-President] article of a perishable nature which could not be kept for five days without serious risk of damage may be sold after the lapse of such shorter time as he may, having regard to the nature of the articles, think proper.

 

83.      Powers to lease the collection of octroi or tolls: - The collection of any octroi 1[or terminal tax] or toll may be leased by the committee, with the previous sanction of the 2[Deputy Commissioner] for any period not exceeding one year; and the lessee and all persons employed by him in the management and collection of the octroi 3[or terminal tax] or toll shall in respect thereof. -

(a)         be bound by any orders made by the committee for their guidance;

(b)        have such powers exercisable by officer of a committee under this Act, as the committee may, from time to time; confer upon them; and

(c)        be entitled to the same remedies and be subject to the same responsibilities as if they were employed by the committee for the management and collection of the octroi 4[or terminal tax] or toll.

 

84.      Appeals against taxation: - (1) An appeal against the assessment or levy of any or against the refusal to refund any tax under this Act shall lie to the Deputy Commissioner or to such other officer as may be empowered by the State Government in this behalf:

 

Provided that, when the 5[Deputy Commissioner] or such other officer as aforesaid is, or was when the tax was imposed, a member of the committee, the appeal shall lie to the [State Government].

(2)       If, on the hearing of an appeal under the section, any question as to the liability to, or the principle of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application of any person interested, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the 6[High Court].

(2)             On a reference being made under sub-section (2), the subsequent proceedings in this case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in section 113 and Order XLVI of the code of Civil Procedure.

(3)             In every appeal the costs shall be in discretion of the officer deciding the appeal.

(4)             Costs awarded under this section into the Committee shall be recoverable by the committee as though they were arrears of a tax due from the appellant.

(5)             If the committee fall to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the officer awarding the costs may order the person having the custody of the balance of the municipal fund to pay the amount.

 

CASE LAW

           - Ss. 84 and 86 – Civil Procedure Code, 1908 – Section 9 – Appeal is against the levy of House tax – And consequential actions – Section 86 of the Act ousts the jurisdiction of Civil Court – S.84 provides for appeal to be filed before Deputy Commissioner/State Government – Section 9 of the Code also ousts suits cognizance of which are expressly or impliedly barred – Exceptions are there – But do not cover the present Case – Held – Jurisdiction of Civil Court regarding valuation or assessment or liability of a person taxed is barred – Alternative remedy provided under S.8f4 of the Act – Appeal dismissed in limine.

 

1996 (2) ALL INDIA LAND LAWS REPORTER 190

 

85.      Limitation of appeal: - (1) No appeal shall lie in respect of a tax on any land or building unless it is referred within one month after the publication of the notice prescribed by Section 66 or Section 68, or after the date of any final order under Section 61, as the case may be and no appeal shall lie in respect of any other tax unless is preferred within one month from the time when the demand for the tax is made:

           Provided that an appeal may be admitted after the expiration of the period prescribed therefore by this section if the appellant satisfied the officer before whom the appeal is preferred that he had sufficient cause for not presenting the appeal within that period.

           (2)       No appeal shall be entertained unless the appellant has paid all 1[-] municipal taxes due from him to the committee upto the date of such appeal.

 

86.      Taxation not to be questioned except under this Act: - (1)   No objection shall be taken to any valuation or assessment, nor shall the liability of any person to be assessed or taxed be questioned, in any other manner or by any other authority than is provided in this Act.

           (2)       No refund of any tax shall be claimable by any person otherwise than in accordance with the provisions of this Act and the rules thereunder.

 

CHAPTER VI

(MUNICIPAL POLICE)

87.      Police Establishment: - (1) every committee shall, unless relieved of this obligation by the State Government, maintain a sufficient police establishment for police requirements within municipal limits and for the performance of the duties imposed on it by this Act.

           (2)       The establishment maintained under sub-section (1) shall consist either of a body of part of watchmen or of the general police force under the State Government with the meaning of section 2 of Act V of 1861, or partly of one and partly of the other, as the State Government may determine; and shall consist of such number of officers and men who shall respectively receive such pay, leave, allowances, gratuities and pensions as the committee may from time to time after consultation with the District Magistrate and the Inspector General of Police, and subject to the final decision of the State Government, direct.

 

88.      Relief of committee from police charges: - (1) The State Government may relieve any committee of the whole or part of the cost of the police establishment, and may enter into a contract with the committee, on such terms as may be agreed on, that in consideration of such relief, the committee shall pay periodically a sum not exceeding the amount thereof, or undertake any services within the municipality ot which the municipal fund can properly be applied and which are estimated to cost not more than the amount of the relief.

 

(2)       When a committee has been relieved under this section of the whole or part of the cost of the police establishment which it is required to maintain, the State Government shall maintain such police establishment as it shall consider necessary, and the establishment so maintained may consist either of a body of the watchmen or of a part of the general police force under the State Government within the meaning of section 2 of Act V of 1861, or parlty of one and partly of the other.

 

89.      Appointment, liabilities and duties of municipal watchmen. – (1) If the establishment maintained under this chapter consists wholly or in part of watchmen, they:

(a)   shall be under the orders of the Superintendent of Police, subject to the general control of the District Magistrate:

(b)   shall be appointed and promoted, and shall e liable to dismissal, suspension, reduction or fine, under such rules as the State Government may, make in this behalf;

(c)   shall perform such duties as the State Government may, subject to the provisions of this Act, direct; and

(d)   shall possess the same powers, be entitled to the same assistance, enjoy the same protection, be subject to the same responsibilities and be liable to the same penalties, as if they were police officers enrolled under Act V of 1861.

 

     (2)      Any person obstructing any such watchmen in the discharge of his duties may be arrested without warrant by a police officer or by any such watchman.

 

90.      Duties of municipal police enrolled under Act V of 1861: - If the establishment maintained under this chapter or any portion thereof consist of part of the general police force, the State Government may notwithstanding anything contained in Act V of 1861, or in any other Act for the time being in force, define, subject to the provisions of this Act, the duties which the officers and men of the establishment or such portion thereof may or may not be required to perform.

 

91.      Powers and duties of police in respect of offences against Act Rules, and assistance to Municipal Authorities: - (1) Every member of a police establishment under this Act shall give immediate information to the committee of any offence committed against this Act or the rules or bye-laws, and shall be bound to assist all members, officers and servants of the committee in the exercise of their lawful authority.

           (2)       Every member of such police establishment may arrest any person committing in his view any offence against this Act or the rules or bye-laws -

(a)      if the name and address of the person are unknown to him, and

(b)     if the person declines to give his name and address, or if there is reason to doubt the accuracy of the name and address if given.

(3)       A person arrested under this section may be detained until his name and address have been correctly ascertained;

Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a magistrate except under the order of magistrate for his detention.

 

92.      Police protection at fairs, etc.: - When special police protection is, in the opinion of the State Government, requisite on the occasion of any fair, agriculture show or industrial exhibition, managed by a committee, or for the purpose of guarding houses evacuated on account of plague, the State Government may provide such protection and the committee shall pay the whole charge thereof or such portion of such charge as the State Government may consider equitably payable by it.

 

CHAPTER VII

EXTINCTION AND PREVENTION OF FIRE

 

93.      Establishment and maintenance of Fire-Brigade: - 1[For the prevention and extinction of fire, the committee may and, if the State Government so direct shall, establish and maintain a fire-brigade, and provide implements, machinery or means of communicating intelligence for the efficient discharge of their duties by the brigade.]

 

94.      Power of fire brigade and other persons for suppression of fires: (1) On the occasion of a fire in a municipality and magistrate, the secretary of the committee, any member of committee, any member of a fire-brigade maintained by the committee then and there directing the operations of men belonging to the brigade, and 2[---] any police officer 3[not below the rank of Sub-Inspector may]-

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

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

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

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

(e)   call on the persons in-charge of any fire-engine to render such assistance as may by possible; and

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

 

When any Government building is endangered by such a fire the officer of the Public Works Department for the time being in-charge of the building may exercise the powers conferred on a magistrate by this sub-section.

 

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

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

 

95.      Limitation of operation of chapter: - The powers conferred by the last foregoing section shall be subject to any regulations, conditions or restrictions which may be imposed by rule.

 

CHAPTER VIII

WATER SUPPLY

 

96.      1[Provision of water: - The committee may, and when the 2State Government so directs shall, provide the area under its control or any part thereof with a supply of wholesome water sufficient for public and domestic purposes.

           (2)       For the purpose of providing such supply within the municipality the committee shall cause such tanks, reservoirs, engines, pipes, taps and other works as may be necessary to be constructed or maintained, whether within or without the municipality; and shall erect sufficient stand pipes or other conveniences for the gratuitous supply of water to the public.

           (3)       When required by the Medical Officer of Health, the committee shall arrange for the examination of water supplied for human consumption for the purpose of determining whether the water is wholesome.

 

97.      Supply of water to connected premises: - (1) The committee may, on application by the owner of any building arrange for supplying water from the nearest main to the same for domestic purposes in such quantities as it deems reasonable, and may at any time limit the amount of water to be so supplied whichever it considers it necessary.

           (2)       No additional charge shall be payable in respect of such supply in any municipality in which a water tax is levied, but for water supplied in excess of the quantity to which such supply is under sub-section (1) limited, and in other municipalities for all water supplied under this section payment shall be made at such rate as may be fixed by the committee with the approval of the 3[State] Government.

 

Explanation- A supply of water for domestic purposes shall not be deemed to include a supply-

(a)   for animals or for washing vehicles where such animals or vehicles are kept for sale or hire,

(b)  for any trade, manufacture or business,

(c)  for fountains, swimming baths, or for any ornametal or mechanical purpose.

(d)  For gardens or for purposes of irrigation,

(e)   For watering roads and paths,

(f)   For building purposes.

 

98.      Supply of water for other than domestic purposes: - (1) The committee may supply water for any purpose, on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.

           (2)       For all water supplied under sub-section (1) payment shall be made at a rate not less than the rate prescribed under sub-section (2) of Section 97.

           (3)       The committee may withdraw such supply at any time if it should appear necessary to do so in order to maintain a sufficient supply or water for domestic purpose.

 

99.      Making connections with municipal water works: - (1)  Where an application under Section 97 or Section 98 has been received, all necessary communication pipes and fittings shall be supplied by the committee and the work of laying and applying such communication pipes and fittings shall be executed by municipal agency under the committee’s order but the cost of making any such connection and of all communication pipes and fittings so supplied and of all works so executed, shall be paid by the owner or the person making such application.  The committee ma either provide a meter and charge rent for the same or may requires the owner or applicant to provide a meter of such size, material and description as it shall approve.

           (2)       Notwithstanding anything in sub-section (1) the committee may require any owner or person applying for a supply of water to provide all communication pipes and fittings and to carry out at his own cost under its supervision and inspection all the work of laying and applying such communication pipes and fittings.

 

100.     Obligation of owner or occupier to give notice or waste of water. – Any owner or occupier of any building or land, in or on which water supplied under this Act is misused from negligence or other circumstances under his control, or used without permission in excess of the quantity fixed under Section97 or Section 98, or in which the pipes mains or other works are out of repair to such an extent as to cause waste of water shall if he has knowledge thereof, be bond to give notice of the same to such officer as the committee may appoint in this behalf.

 

101.     Cutting off of supply to premises. – If any person whose premises are supplied with water, neglects to pay the water-tax or any sum payable under Section 97 or Section 98 when due, or to give notice as provided in the last proceeding section, or willfully or negligently misuses or causes waste of water, the committee may cut off the supply of water form the said premises.

 

102.     Power of the committee in respect of communications, etc. – For the purpose of providing or maintaining the water supply or of making or maintaining communications or connections with the mains, or generally for the purposes of this chapter, the committee shall have all powers which are conferred upon it in respect of drainage and supply of gas by Section 132 to 140/

 

Section 103 – Omitted1

 

Section 104 – Omitted2

 

Section 105 – Omitted3

 

CHAPTER IX

POWERS FOR SANITARY AND OTHER PURPOSES

 

106.     Bathing and washing places – (1) The committee may set apart suitable places for the purposes of bathing and may specify the times at which, and the sex of the persons by whom, such places may be used, and may also set apart suitable places for washing animals or clothes, for any other purposes connected with the health, cleanliness or comfort of the inhabitants; and may, by public notice, prohibit bathing or washing animals or clothes, in any public place not so set apart, or at times or by persons other than those specified, and nay other act by which water in public places may be rendered foul or unfit for use, and may charge fees for the use of such places by any specified class or classes of persons or by the public generally.

(2)       The committee may fix, by notice, places at which articles of clothing, bedding; or other articles which have been exposed to infection shall be washed, and, no person shall wash any such article at any place not so fixed.

 

BURIAL AND BURNING PLACES

 

107.     Powers in respect of burial and burning places. 1[(1) The committee may by public notice order and, if so directed by the State Government shall within one month of the notification of such direction be deemed to have ordered, any burial or burning ground situate within municipal limits or with in one mile thereof which is certified by the Medical Officer of Health to be dangerous to be health of persons living in the neighborhood to be closed, form a date to be specified in the notice, and shall in such case, If no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose.

(2)       Private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the committee may impose in this behalf:

Provided that the limits of such burial places, are sufficiently defined, and that they shall only be used for the burial of members of the family of the owner thereof.

           2[(3)    No burial or burning ground, whether public or private, shall be made or formed after the commencement of this Act, except with the sanction in written of the committee which shall not be granted unless the Medical Officer of Health ahs certified in writing for the information of the Committee that such burial or burning ground is not prejudicial to public health:

           Provided that no such burial or burning ground shall be made or formed except with the sanction of the State Government.

           (4)       Should any person, without the permission of the committee, bury or burn, or cause or permit to be buried or burnt, any corpse at any place which is to a burial or burning ground or in any burial or burning ground made or formed contrary to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishment with fine which may extend to fifty rupees.]

 

108.     Removal of corpses. (1) The committee may, by public notice, prescribe routes for the removal of corpses to burial or burning places.

           (2)       Whoever carries a corpse along a route prohibited by the committee, or in a manner likely to cause annoyance to the public, shall be punishable with fine which may extend to ten rupees.

 

DANGEROUS ANIMALS

109.     Disposal of mad and stray dogs and other animals. (1) The committee may-

(a)   authorize any person-

(i)        to destroy, or cause to be destroyed, or confine, or cause to be confined for such period as the committee may direct, any dog or other animal suffering, or reasonably suspected to be suffering from rabies, or bitten by any dog or other animal suffering or suspected as aforesaid;

(ii)       to confine, or cause to be confined, any dogs found wandering about streets or public places without collars or other marks distinguishing them as private property and charge a fee for such detention and destroy or otherwise dispose of any such dog if it is not claimed within one week, and the fee paid;

 

(b)       issue a temporary or standing order that any dog without collars or other marks distinguishing them as private property, found straying on the streets or beyond the enclosures of the houses of the owners of such dogs may be destroyed and destroy or cause them to be destroyed accordingly.  Public  notice shall be given of any such order.

(2)       No damages shall be payable in respect of any dogs or other animal destroyed or otherwise disposed of under this section.

 

110.     Suffering dogs to be at large: - Whoever, being the owner or person in charge of any dog, neglects to restrain it so that it shall not be at large in any street without a muzzle-

(a)      if such dog is likely to annoy or intimidate passengers, or

(b)     if the committee has by public notice during the prevalence of rabies directed that dogs shall not be at large without muzzles.

shall be punishable with fine which may extend to twenty rupees.

 

111.     Control of elephants, bears or camels. – Whoever, being incharge of any elephant, camel or bear, omits on being requested to do so to remove as far as may be practicable his elephant camel or bear, to a safe distance on the approach of a horse whether ridden or driven, shall be punishable with fine which may extend to twenty rupees.

 

112.     Taking elephants along public roads. – Whoever, contrary to any orders of the committee, takes an elephant along a street, shall be punishable with fine which may extend to twenty rupees.

 

DANGEROUS OR INSANITARY BUILDINGS OR PLACES

 

113.     Power to require buildings, wells, tanks, etc., to be secured. – Should any building or any well, tank, reservoir, pool, depression or excavation be, for want of sufficient repair, protection or enclosure, dangerous to the persons dwelling or working therein or in the neighbourhood or to persons passing by, the committee may, 1[by notice], require the owner or occupier thereof to repair, protect or enclose the same and should it appear to 2[it to be necessary in order to prevent imminent danger, it shall forthwith take such steps to aver the danger as may be necessary].

 

114.     Buildings, etc., in dangerous state. – Should any buildings, wall or structure, or anything affixed thereto, or any bank or tree, be deemed by the committee to be in a ruinous state or in any way dangerous, or there be any fallen building or debris or other material which is unsightly or is likely to be in any way injurious to health, it may 3[by notice] require the owner thereof either to remove the same or to cause such repairs to be made to the buildings, wall, structure or bank, as the committee may consider necessary for the public safety, and should it appear to 1[be necessary in order to prevent imminent danger the committee shall forthwith take such steps, at the expense of the owner, to avert the danger as may be necessary].

 

115.     Cleaning of filthy building or land. – Should the owner, 2[part owner] or occupier of any building or land suffer the same to be in a filthy or unwholesome state, the committee may, by notice, require him within twenty-four hours to cleanse the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state and If it appears to be necessary for sanitary purpose to do so, may at any time by notice, direct the occupier of any building to lime-wash or otherwise cleanse the said building inside and outside in the manner and within a period to be specified in the notice.

 

115-A. Paving or draining of cattle stands. – The committee may by notice require the owner or occupier of any land on which cattle or other animals are habitually tethered to have the same properly paved or drained or both.

 

116.     Power to prohibit use for human habitation of buildings unfit for such use. – Should any building appear to the committee to e unfit for human habitation in consequence of the want of proper means of drainage or ventilation or any, sufficient reason, the committee may 3[by notice] prohibit the owner or occupier thereof from using the same for human habitation, or suffering it to be so used until it has been rendered fit for such use to the satisfaction of the committee, and no such owner or occupier shall inhabit such building or suffer it to be inhabited until the committee shall have informed in writing the owner or occupier that the prohibition has been withdrawn.

 

CASE LAW

           - Ss. 116, 151 and 394B – Non-payment of octroi – Composition of offence – Under S. 151, commissioner with previous sanction of Corporation can allow any person to compound for any tax for a period of one year at a time – Section dose not talk of composition of offence – Similarly S.394B authorizes the Commissioner or any other person to compound any offence but not unilaterally – Petitioner had never applied for compounding of offence – Imposition of penalty can be under S.116 of the Act but the same is not applicable to this case as per SUPP. VOL. 17 ALL INDIA LAND LAWS REPORTER 112 – Orders levying penalty are quashed – Amount of half penalty is ordered to be refunded.

 

1997 ALL INDIA LAND LAWS REPORTER 336

 

117.     Power to require owner to clear away noxious vegetation. – The committee may, by notice, require the owner or occupier of any land to clear away and remove any thick vegetation or undergrowth which may appear to the committee to be injurious to health or offensive to the neighbourhood.

 

118.     Power to require hedges and trees to be trimmed. – The committee may, by notice, require the owner or occupier of any land to cut or trim within three days the hedges growing thereon which overhang any bordering on any street or any branches of trees growing thereon which overhang any street and obstruct the same or cause danger, or which so overhang any well tank or other source from which water is derived from public use as to be likely to pollute the water thereof 4[or are in any way offensive or injurious to health].

 

119.     Power to require untenanted building becoming a nuisance to be secured or enclosed. – The committee may, by notice, require the owner or part-owner, or person claiming to be the owner or part owner of any building or land which by reason of abandonment or disputed ownership or other cause has remained untenanted and become a resort of idle and disorderly persons or otherwise a nuisance to secure or enclose the same within a reasonable time fixed in this notice.

 

1[120. Prohibition of cultivation, use of manure or irrigation injurious to health. – If the Medical Officer of Health certifies that the cultivation of any description of crop or the use of any kind of manure or the irrigation of land in any specified manner-

(a)   in any place within the limits of an municipality is injurious or facilitates practices which are injuries to the health of persons dwelling in the neighbourhood; or

(b)  in any place within or beyond the limits of any municipality is likely to contaminate the water supply of such municipality or otherwise tender it unfit for drinking purposes;

the committee may prohibit the cultivation of such crop, the use of such manure or the employment of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent such injury or contamination:

 

Provided that if it is notified by the State Government that the cultivation of such crops, the use of such manure, or the employment of such method of irrigation is prohibited or conditions are imposed with respect thereto, the committee shall be deemed to have ordered such prohibition, or imposed such conditions and shall issue notice in accordance with the notification:

Provided also that, when on any land to which such prohibition applies the act prohibited has been practiced during the five years next preceding the prohibition in the ordinary course of husbandry, compensation shall be paid from the municipal fund to all persons interested therein for any damage caused to hem by the effect of such prohibition.

(2)       Should any person fall within six months from the date of its service to comply with a prohibitory notice issued under sub-section (1), he shall be punishable with fine which may extend to fifty rupees and with a further fine which may extend to five rupees for every day during which the offence is continued.]

 

DANGEROUS OR OFFENSIVE TRADES

121.     Regulation of offensive and dangerous trade. (1) No place within a municipality shall be used for any of the following purposes: -

     melting tallow, 2[dressing raw hides] boiling bones, offal or blood,

     as a soap house, oil boiling house, dyeing house or tannery;

     as any other manufactory, engine-house, storehouse or place of business from which offensive or unwholesome smell, gases, noises or smoke arise;

     as a yard or depot for trade in unslaked lime hay, straw, thatching grass, wood, charcoal or coal, or other dangerously inflammable material;

     as a store-house for any explosive or for petroleum or any inflammable oil or spirit:

     except under a license from the committee which shall be renewable annually:

 

           Provided that no such license shall be necessary in the case of any such premises which were used for any such purposes at the time that the Punjab Municipal Act, 1891, came into force, and were registered under that Act and in the case of brickfields, which were used at the time that his Act come into force, but the owner or occupier of the brickfields so excepted shall register the same in a book to be kept by the committee for the purpose.

(2)             The license shall not be withheld unless the committee consider that the business which it is intended to establish or maintain would be the cause of annoyance or danger to persons residing in or, frequenting the immediate neighbourhood or that the area should be for general reasons kept clear of the establishment of such business.

(3)             The committee may charge any fees according to a scale to be approved by the 1[Deputy Commissioner] for such licenses, and may impose such conditions in respect furnace used in connection with such trade shall, so far as practicable, consume its own smoke.

(4)             The owner or occupier of any place registered under sub-section (1) may apply to have that place licensed under this section.  When any such place has been licensed the registration that place shall thereby be cancelled, and shall not be renewed.

(5)             Whoever, without registration or without a license uses any place for any such purpose as is specified in this section or in contravention of the condition of any such license, shall be punishable with fine which may extend to fifty rupees and with a further fine not exceeding ten rupees for every day during which the offence is continued.

CASE LAW

           - Sections 121 and 123 – Writ petitioner challenges orders of the Executive Officer of the Municipality, to discontinue the working of a printing press in a residential colony as it was a source of nuisance – Stay issued – Held – Executive Office has no power under Section 123 to order closure of a printing press – Since the press was working under stay and since there has been no renewal of the licence to operate it, the proprietors may apply for a licence under section 121 – Thereafter it is for the Municipality to do as considered necessary.

 

1995 (2) ALL INDIA LAND LAWS REPORTER (516)

 

2[121–A. Consent of committee to use of new factories: - (1) Within any municipality to which this section shall have been extended by the State Government no person shall use as a factory any place which has not previously been so used without having obtained the consent of the committee.

           (2)       The consent of the committee may be given without condition or subject to the condition that the owner or user of the said factory shall provide adequate housing accommodation for labourers employed in the factory or for any proportion or class of such labourers.

           Provided that the consent of the committee shall not be withheld for any reason except the refusal of such owner or user comply with such condition.

           Provided further that if the committee neglect or omit to give their consent within a period of two months from the date of application, such consent shall be deemed to have been given without condition.

           3[(3)    Whosoever commits a breach of the provisions of sub-sections (1) and (2) shall, on conviction, be punishable with a fine which may extend to one thousand rupees, and when the breach is a continuing one, with further fine which may extend to one hundred rupees for every day, after the first, during which the breach continues].

 

122      Prohibition of cinematographs and dramatic performances except in licensed premises. – (1) No exhibition of pictures or other optical effects by means of a cinematograph or other similar apparatus for the purpose of which inflammable films are used, and no public dramatic 4[or circus] performance or pantomime, shall be given in any municipality elsewhere than in premises for which a license has been granted by the committee under this section.

           (2)       If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes part in any public dramatic or circus performance or pantomine, or if the occupier of any premises allows those premises to be used, in contravention of the provisions of this section or of any condition of a license granted under this section he shall be liable to a fine not exceeding two hundred rupees and in the case of a continuing offence, to a further penalty of fifty rupees for each day during which the offence continues, and the license if any shall be liable to be revoked by the committee.

 

123.     Power to prohibit such trades. – 1[(1) whenever it appears that any place registered or licensed under the preceding sections is a nuisance to the neighborhood or likely to be dangerous to life, health or property, the committee may, and if so required by the State Government shall, by notice require the occupier thereof to discontinue the use of such place, or to effect such alternations, additions or improvements as well, in the opinion of the committee, render it no longer a nuisance or dangerous.

           (2)       Whoever, after any notice has been given under this section, uses such place or permits to be used in such a manner as to a nuisance to the neighborhood or dangerous, or does not effect such alterations, addition or improvements, shall be punishable with fine which may extend to two hundred rupees and with a further fine not exceeding fifty rupees for every day during which the offence is continued.

 

 

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