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.
(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.
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.
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 committees 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
104 Omitted2
Section
105 Omitted3
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.
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.
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.]
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[121A. 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.