THE UTTAR PRADESH MUNICIPAL CORPORATION ACT, 1959

1. [(1) This Act may be called the Uttar Pradesh Municipal Corporation Act, 1959.]3 (2) It extends to the whole of the State of Uttar Pradesh. (3) This Chapter shall come into operation at once, and the remaining provisions of this Act shall in relations to a City come into operation from such day as the State Government may by notification in the official Gazette appoint in that behalf [and different dates may be appointed for different provisions:]1 Provided that for the limited purpose of constituting a [Corporation]2 for a City under this Act, the provisions of Chapter II including- (a) the delimitation of wards in the City; (b) the preparation and publication of electoral rolls; (c) the qualifications and disqualifications for being chosen as Nagar Pramukh, [***]4 or Sabhasad of a [Corporation]2 and for nomination as candidate for election as Nagar Pramukh, [***]4 or Sabhasad: and (d) generally, the conduct of election and all other matters necessary for the due constitution of the [Corporation]2 ; shall come into operation in and in respect of such City from the date of notification under section 3 and notwithstanding anything in any other enactments all acts may be, done and all proceedings taken as may be necessary for holding the elections in accordance with the provisions of the said Chapter and rules made thereunder for the due constitution of the [Corporation]2.

2. In this Act unless there be something repugnant in the subject or context- (1) "advertisement" means any word, letter, model, sign, placard board, notice, device or representation whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement, announcement or direction and includes any hoarding or similar structures used or adapted to be used for the display of advertisement; (2) "appointed day" with reference to a City means the day on which the due constitution of the [Corporation]2 for the City is notified in the official Gazette; (3) "Assembly Rolls" mean the electoral rolls prepared for the Assembly constituencies under and in accordance with the provisions of the Representation of the People Act, 1950 ; (4) "bakery or bake-house" means any place in which bread, biscuits or confectionery are baked, cooked or prepared in any manner whatsoever for the purposes of sale or profit; (5) "budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by rules and adopted by the [Corporation]2 and includes any sum by which such budget grant may be increased or reduced by a transfer from or to other heads in accordance with the provisions of this Act and rules ; (6) "building" includes a house, out-house, stable, shed, hut and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed' platforms, plinths, door-steps, walls including compound walls and fencing and the like but does not include a tent or other such portable temporary structures; (7) "building-line" means a line which is in rear of the street-alignment and to which the main wall of a building abutting on a street may lawfully extend and beyond which, no portion of the building may extend except as prescribed in the building rules ; (8) “bye-law" means a bye-law made under the provisions of this Act; (9) "cesspool" includes a settlement tank or other tank for the reception or disposal of foul matter from building ; [(10) "City" means a larger urban area as notified under clause (2) puff article 243-Q of the Constitution;]3 [(10-A) “Commercial building” means any building not being a factory which is used or occupied for carrying on any trade or commerce or any work connected therewith or incidental or ancillary thereto.]1 (11) "Commissioner of Division" with reference to a City means the Commissioner of the Division in which the City is situated and includes any Additional Commissioner to whom the Commissioner of the Division has delegated his functions under this Act ; [(11-A) ‘Corporation’ or ‘Municipal Corporation’ means the Municipal Corporation constituted for a city under sub-clause (c) of clause (1) of article 243-Q of the constitution;]4 (12) "cubical contents" when used with reference to the measurement of a building means the space contained, within the, external surfaces of its walls and roof and the upper surface of the floor, of its lowest storey or, when the building consists of one storey only, the upper surface of its floor; (13) "dairy" includes any farm, cattle-shed, milk-store, milk-shop or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured into butter; ghee, cheese, curds or dried or condensed milk for sale and, in the case of a dairyman who does. not occupy any place for the sale of milk, includes the place where he keeps, the vessels used by him for the sale of milk but does not include a shop of other place in which milk is sold for consumption on the premises only; (14) "dairyman" includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or intended to be offered for sale for human consumption and any purveyor of milk and any occupier of a dairy; (15) "dairy produce" includes milk, butter, ghee, curd, butter-milk, cheese and every product of milk; (16) "dangerous disease" means cholera, plague, smallpox, or any other epidemic or infectious disease by which the life of human beings is, endangered and which the [Corporation]4 may from time to time by public notice declare to be a dangerous disease ; (17) [***]3 [(17-A) 'Director' means the Director of Local Bodies, Uttar Pradesh appointed by the State Government under Section 5-A;]1 (18) "District Judge" includes an Additional District judge to whom. any function of the District Judge has been transferred under this Act; (19) "drain" includes a sewer, tunnel, pipe, ditch, gutter-or channel and cistern, flush-tank, septic-tank, or other devices for carrying off or treating sewage offensive matter, polluted water, sullage, waste water, drain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejectors) compressed air mains, sealed sewage mains and special machinery or apparatus for raising collecting, expelling or removing sewage offensive matter from any place ; (20) "eating house" means any premises to which the public or any section of the public are admitted and where any kind of food is prepared or supplied for consumption on the premises or elsewhere for the-profit or gains of any person owning or having an interest in or managing such premises; (21) "elector" in relation to a ward means a person whose name is for the time being entered in the electoral roll of that ward; [(22) "essential services" means a service referred to in section 112-B]2; (23) "factory" means a factory as defined in the [***] 1 Factories Act, 1948; (24) "filth" includes sewage, night-soil and all offensive matter; [(24-A) ‘Finance Commission’ means the Finance Commission [constituted under]3 article 243-I of the Constitution;]2 (25) "financial year" means the year commencing on the first day of April; (26) "food" includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavoring and colouring matters and spices and condiments; (27) "frame building" means a building the external walls of which are constructed of timber framing or iron framing, and the stability of which depends on such framing; (28) ”house-drain" means, any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communicating there from with a [Corporation]1 drain; (29) "house-gully" or "service passage” means a passage or strip of land constructed, set apart or utilized for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to [Corporation]1 servants or to persons employed in the clean-sing thereof or in the removal of such matter therefrom ; (30) "hut" means any building which is constructed principally of wood, mud, leaves, grass, cloth, or thatch and includes any temporary structure of whatever size or any small building of whatever material made which the [Corporation]1 may declare to be a hut for the purpose of this Act; (31) "inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owing or occupying immovable property therein ; (32) "the judge" means the Judge of the Court Of Small Causes having jurisdiction in the City under the Provincial Small Cause Court Act, 1887; (33) "land" includes land which is being built upon or is built upon or is covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street: (34) "licensed plumber", "licensed surveyor", "licensed architect", licensed engineer", "licensed structural designer" and "licensed clerk of works" respectively, mean a person licensed by the [Corporation]1 as a plumber, surveyor, architect, engineer; structural designer or a clerk of works under this Act; (35) "lodging house" means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration and includes a collection of building or a building, or part of a building used foe the accommodation of pilgrims and travelers whether on payment or otherwise; (36) "market" includes anyplace where persons assemble for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person; (37) "masonry' building" means any building other than a frame building or a hut and includes any structure a substantial part of which is made of masonry or of steel, iron or other metal ; [(38) “member of a Corporation” means a Sabhasad, a Paden Sadasya, a Nam-Nirdishta Sadasya or a Chairperson of a Committee, if any, established under clause (e) of section 5, if he is not member of the Corporation and, unless the contrary is indicated, includes a Nagar Pramukh;]2 [(39) "Mukhya Nagar Adhikari" means the Mukhya Nagar Adhikari appointed under section 58 and includes an Apar Mukhya Nagar Adhikari appointed under the said section, an Upa Nagar Adhikari and a Sahayak Nagar Adhikari appointed under section 107 while exercising powers and performing duties under section 112;]3 (40) [Corporation]1 drain" means a drain vested in the [Corporation]1 ; (41) “[Corporation]1 market" means a market vested in or managed by the [Corporation]1 ; (42) “[Corporation]1 slaughter-house" means a slaughter-house vested in or managed by the [Corporation]1 ; (43) "[Corporation]1 office" means office of the [Municipal Corporation]1; (44) "[Corporation]1 tax" means any impost levied under the provisions of this Act; (45) "[Corporation]1 waterworks" means water work belonging to or vesting in the [Corporation]1 ; [(45-A) ‘Metropolitan area’ means an area as defined in clause (c) of of Article 243-P of the Constitution; (45-B) ‘[Municipal Corporation]1’ means an institution of self government constituted under section 4; (45-C) ‘municipal area’ means the territorial area of a Corporation;]2 (46) "nuisance" includes any act, omission, place or thing which causes or is likely to came injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious, to health or property; (47) "occupier" includes- (a) any person who for the time being is paying or is liable to pay the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner living in or otherwise using his land or building ; (c) a rent- free tenant ; (d) a licensee in occupation of any land of building ;and (e) any-person who is liable to pay to the 'owner damages for' the use and occupation of any land or building; (48) "offensive, matter includes animal carcasses, dung, dirt and putrid or putrefying substances other than sewage ; (49) "Officer of the [Corporation]1 means a person holding for the time being an office created or continued by or under this Act but shall not include a member of the [Corporation]1 or of a Committee as such; (50) "Official Gazette" means the Gazette issued under the authority of the State Government; (51) "Order" means an order published in the Official Gazette or in the manner prescribed; [(51-A) ‘backward classes’ means the backward classes of citizens specified in Scheduled I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994;]3 (52) "owner" means- (a) when used with reference to any premises the person, who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes; (i) an agent or trustee who receives such rent on account of the owner; (ii) an agent or trustee who receives the rent of or is entrusted with, or concerned for any premises devoted to religious or charitable purposes. (iii) a receiver, sequestrate or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of, the said premises, and (iv) a mortgagee-in-possession ; (b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or boat; [(52-A) ‘Panchayat’ means a Panchayat referred to in clause (f) of Article 243-P of the Constitution;]4 (53) "part of a building" includes any wall, underground room or passage, verandah, fixed platform, plinth" staircase or door step attached to or within the compound of an existing building or constructed on ground which is to be the site or compound of a projected building; [(53-A) ‘population’ means the population as ascertained at the last preceding census of which the relevant figures have been published;]5 (54) ["premises" means any land or building]1; (55) "prescribed" means prescribed by this Act or by rule or order made thereunder or by or under any other enactment ; (56) "prescribed authority" means an officer or a body corporate, appointed by the State Government in this behalf by notification in the official Gazette, and if no such officer or body corporate is appointed, the Commissioner of the Division in which the City is situate; (57) "petroleum" means petroleum as defined in the [Petroleum Act, 1934]2 ; (58) "private street" means a street which is not a public street ; (59) "privy" means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and the fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, aqua privy, a latrine and a urinal ; (60) "public place" includes any public park or garden or any ground to which the public have or are permitted to have access; (61) "public securities" means- (a) securities, of the Central Government or any State Government; (b) securities, stocks debentures or shares the interest whereon has been guaranteed by the Central or the State Government; (c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of the Republic of India; (d) securities expressly authorized by any order which the State Government makes in this behalf; (62) "public street", means any street- (a) heretofore leveled, paved, metal led, channeled, skewered or repaired out of [Corporation]1 or other public funds; or (b) which under the provisions of section 290 is declared to be, or under any other provision of this Act becomes, a public street; (63) (a) A person is deemed to "reside" in any dwelling which, or some portion of which, he sometimes uses, whether interruptedly or not, as a sleeping apartment; and (b) A person is not deemed to cease, to "reside" in any such dwelling merely because he is absent from it or has else-where another dwelling in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it; (64) "rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter of sewage; (65) "rules" means rules made under powers conferred by this Act; (66) "Schedule" means the schedule appended to this Act; (67) [***]2 (68) The expression "Scheduled Bank" shall have the meaning assigned to it in the Reserve Bank of India Act, 1934 ; (69) "Servant of the [Corporation]1 means any person in the pay and service of the [Corporation]1 ; (70) "sewage" means night-soil, and other contents of water-closets, latrines, privies, urinals, cesspools, or drains and polluted' water from sinks, bath-rooms, stables, cattle-sheds, and other like places and includes trade effluent and discharges from manufactories of all kinds; (71) "sky-sign" means any word, letter, model, sign, device or other representation, in the nature of an advertisement, announcement or direction, which is supported on or attached to any post, pole, standard, framework or other support wholly or in part upon over or above any building or structure, and which is wholly or in part visible against the sky from any point in any street or public place, and includes- (a) every part of such support, and (b) any balloon, parachute or similar device employed wholly or in part for the purposes of any advertisement or announcement, on over or above any building, structure or erection of any kind or on or over any street or public place; but shall not be deemed to include-- (i) any flagstaff, pole, vane or weathercock unless adapted or used wholly or in part for the purposes of any advertisement or announcement; (ii) any sign on any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, on the cornice or blocking course or any wall, or to the ridge of a roof, if such contrivance be of one continuous face and not open work and does not extend in height more than three feet above any part of such wall, parapet or ridge, or (iii) any representation which relates exclusively to the business of a railway administration as defined in the Indian Railways Act, 1890, and which, is placed wholly upon or over any railway station yard, platform or station approach, or premises belonging to such railway administration, and which, is also so placed that it could not fall into any street or public place; (72) "special fund" means a fund constituted under section 139 ; (73) "State Government "means the Government of Uttar Pradesh; [(73-A) ‘State Election Commission’ means the State Election Commission referred to in Article 243-K of the Constitution appointed by the Governor;]2 (74) "street" includes any highway and any causeway, bridge, viaduct, arch, road, lane, foot-way, sub-way court, alley or riding path or passage, whether a thorough fare or riot, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years; and when there is a foot-way as well a carriage way in any street, the said term includes both; (75) "street alignment" means the line dividing the land comprised in and forming part of a street from the adjoining land; (76) "sweetmeat shop" means any premises or part of any premises used for manufacture, treatment or storage for sale or for the sale, wholesale or retail, of any ice-cream, confections or sweetmeats, whatsoever, for whomsoever intended and by whatsoever name the same may be known and whether the same be for consumption on or outside the premises ; (77) "theatre tax" means a tax on amusements or entertainments : (78) "trade effluent" means any liquid either with or without particles of matter in suspension therein, which is so wholly or in part produced in the course of any trade or industry carried on at trade premises and in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage; (79) "trade premises" means any premises used or intended to be used for carrying on any trade or industry; (80) “trade premises” means and includes the refuse of any trade, manufacture or business; (81) '''vehicle'' includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, motorcar and every wheeled conveyance which is used or is capable of being used on a street; [(82) "ward" means the territorial constituency of a Corporation;]3 [(82-A) ‘ward Committees’ means the Ward Committees [referred to in article 243-S of the Constitution]4 ;]2 (83) "water closet" means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action; (84) "water connection" includes- (a) any tank, cistern, hydrant, stand-pipe, meter or, tap, situated on a private property and connected with a water-main or pipe belonging to the [Corporation]1, and (b) the water-pipe connecting such a tank, cistern, hydrant, stand-pipe, meter or tap, with such water-main or pipe; (85) "water-course" includes any river, stream, or channel whether natural or artificial; (86) "water for domestic purposes" shall not include water for cattle or for horses, or for washing vehicles, when the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, for watering gardens, or streets or for fountains or for any ornamental or mechanical purposes ; (87) "waterworks" includes a lake, stream, spring, well, pump, reservoir, cistern tank, duct, whether covered or open sluice, main-pipe, culvert, engine, water-truck, hydrant, stand-pipe, conduit and machinery, land building or thing for supplying or used for supplying water or for protecting sources of water-supply; (88) "workshop" means any building, place or premises, or any part thereof, not being a factory, to or over which the employer or the persons working therein have the right of access or control and in which or within the compound or precincts of which, any manual labor is employed or utilized in aid of or incidental to any process for the following purposes : (a) the making of any article or part thereof, or (b) the altering, repairing, ornamenting or finishing of any article, or (c) the adopting for sale of any article. [(89) The expressions ‘transitional area’ and ‘smaller urban area’ shall have the meanings respectively assigned to them in the U.P. [Municipal corporation]4 Act, 1916.]2

[3- (1) Any area specified by the Governor in a notification under clause (2) of article 243-Q of the Constitution with such limits as are specified therein to be a larger urban area, shall be known as a City, by such name as he may specify: 5[Provided that the Governor may, by subsequent notification under Clause (2) of Article 243-Q of the Constitution, include or exclude any area in or from any larger urban area referred in this sub-section.] (2) Where, by a subsequent notification under clause (2) of article 243-Q of the Constitution the Governor includes any area in a city, such area shall thereby become subject to all notifications, rules, regulations, bye-laws, orders and directions issued or made under this or any other enactment and in force in the City at the time immediately preceding the inclusion of such area and all taxes, fees and charges imposed under this Act, shall be and continue to be levied and collected in the aforesaid area.]3

[4- A Municipal Corporation constituted under sub-clause (c) of clause (1) of Article 243-Q of the Constitution in accordance with part IX-A thereof shall be known as the Municipal Corporation of ....................... (name of the City) and be a body corporate.]6

5- The [Corporation]3 authorities charged with carrying out the provisions of this Act for each City shall be- (a) the [Corporation]3; [(aa) the Ward Committees;]4 (b) an Executive Committee of the [Corporation]3 ; [(bb) the Nagar Pramukh;]1 (c) a Development Committee of the [Corporation]3 ; (d) a Mukhya Nagar Adhikari [and an Apar Mukhya Nagar Adhikari]5 appointed for the [Corporation]3 under this Act, and (e) in the event of the [Corporation]3 establishing or acquiring electricity supply or public transport undertaking or other public utility services, such other committees of the [Corporation]3 as the [Corporation]3 may with the previous sanction of the State Government establish with respect thereto.

[5-A (1) The State Government shall appoint an officer to be the Director of Local Bodies, Uttar Pradesh. (2) In addition to the functions expressly assigned to him by or under this Act, the Director shall exercise such powers of the State Government in relation to the affairs of the [Corporation]3 (not being powers under sections 538 and 539), as the State Government may, by notification in the Gazette, and subject to such conditions and restrictions (including the condition of review by itself) as may be specified in such notification, delegate to him.] 2

[6- (1) The Corporation shall consist of a Nagar Prarnukh, and- (a) Sabhasads whose number shall be such as the State Government may, by notification in the official Gazette, fix but which shall not be less than [forty]3 and not more than [one hundred]3, which number shall be in addition to the members nominated under clause (b); [(b) Nirdishta Sadasya, who shall be nominated by the State Government by a like notification from amongst persons having special knowledge or experience in municipal administration and whose number shall not be more than one fifth of the total number of corporator determined under clause (a) by the State Governmet; Provided that in nomination, the representation to the Schedule Castes, Scheduled Tribes, Women, Other Backward Castes and Minority Community shall be given as per necessity.]5 (c) Paden Sadasyas comprising the members of the House of the People and the State Legislative Assembly representing constituencies comprising the whole or part of the City; (d) Paden Sadasyas comprising the members of the Council of States and the State Legislative Council who are registered as electors in the City; (e) the Chairpersons of the Committees, if any, established under clause (e) of section 5, if they are not members of the Corporation: Provided that the persons referred to in clause (b) shall not have the right to vote in the meetings of the Corporation : Provided further that any vacancy in any category of members referred to in clauses (a) to (e) shall b eno bar to the constitution or reconstitution of a corporation. (2) The Subheads shall be chosen by direct elections from the wards.]2

6-A (1) Each Wards Committee, constituted under clause (1) of article 243 S of the constitution within the territorial area of a Corporation having a population of three lakh or more, shall consist of ten wards. (2) The territorial area of a Ward Committee shall consist of the territorial areas of the wards comprised in such Committee. (3) Each Wards Committee shall consist of – (a) all the Sabhasads representing the wards within the territorial areas of the Wards Committee; (b) such other members, not exceeding five, as may be nominated by the State Government from amongst persons registered as electors within the territorial area of the concerned Wards Committee who have special knowledge or experience in [municipal corporation]4 administration. (4) The Ward Committee shall, at its first meeting after its constitution and at its first meeting in the same month in each succeeding year, elect one of the members, mentioned in clause (a) of sub-section (3) as the chairperson of that Committee. (5) The duration of the office of the Chairperson shall be one year but he shall hold office until his successor is elected and shall be eligible for re-election. (6) The Chairperson shall vacate office as soon as he ceases to be a Sabhasad. (7) In the event of the office of the Chairperson falling vacant, due to resignation or otherwise, before the expiry of his term, the Ward Committee shall, as soon as may be, on the occurrence of the vacancy elect a new Chairperson in accordance with sub-section (4) : Provided that a Chairperson so elected shall hold office only for the remainder of the period for which the person in whose place he is elected would have held it if such vacancy had not occurred. (8) The duration of the Wards Committee shall be co-terminous with the term of the Corporation. (9) Subject to the provisions of this Act, the Wards, Committee shall exercise such powers and perform such functions as may be prescribed by rules.]2

[7- (1) In every Corporations, seats shall be reserved for the [Scheduled Castes, the Scheduled Tribes and the Backward Classes]3 and the number of seats so reserved shall as nearly as may be, bear the same perportion to the total number of seats to be fueled by direct election in the Corporation, as the population of the Scheduled Castes in the [municipal area]9 or of the Scheduled Tribes in the [municipal area]9 [or of the backward classes in the [municipal area]9]4 bears to the total population of such area and such seats may be allotted by rotation to different wards in a Corporation in such order as may be prescribed by rules : [Provided that the reservation for the Backward Classes shall not exceed [fourteen]8 percent of the total number of seats in a Corporation : Provided further that if the figures of population of the Backward Classes are not available, their population may be determined by carrying out a survey in the manner prescribed by rules.]5 (2) [***]6 (3) Not less than one-third of the seats reserved under [sub-section (1)]7 shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be. (4) Not less than one-third of the total number of seats to be filled by direct election in a Corporation, including the number of seats reserved under sub-section (3), shall be reserved for women and such seats may be allotted by rotation to different wards in the Corporation in such order as may be prescribed by rules. (5) The offices of the [Nagar Pramukhs and the Upa-Nagar Pramukh]4 of the Corporations in the State shall be reserved for the Scheduled Castes, the Scheduled Tribes and the backward classes and women in such manner as may be prescribed by rules; [Provided that if the office of the Nagar Pramukh of a Corporation is reserved the office of Upa Nagar Pramukh of that Corporation shall not be reserved.]5 (6) The reservation of the seats and the offices under this section for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution. Explanation— It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and the women from contesting elections to unreserved sears and offices.]2

[8- (1) A Corporation, unless sooner dissolved under section 538, shall contuse for five years from the date appointed for its first meting and no longer. (2) An election to constitute a Corporation shall be completed— (a) before the expiry of its duration specified in sub-section (1); (b) before the expiration of a period of six months from the date of its dissolution under section 538; Provided that where the remainder of the period for which the dissolved Corporate would have continued is les than six months, it shall not be necessary to hold any election for constituting the Corporation for such period. (3) A Corporation constituted upon its dissolution before the expiration of its duration shall continue only for the reminder of the period for which the dissolved Corporation would have contused under sub-section (1), had it not been so dissolved.]3 [(4) Where the terms of a Nagar Nigam has expired or a new Nagar Nigam Board has not been constituted, then until the due constitution of the new Board— (a) all powers, functions and duties of the Nagar Nigam, its Mayor, Deputy Mayor, Ward Committee, Executive committee, Development committee and Other Committees, constituted under sub-section (e) of section 5, shall be vested in and be exercised, performed and discharged by an officer appointed in this behalf by the State Government (hereinafter referred to as the Administrator) and he/she shall be deemed in law to be the Administrator, Nagar Nigam or the Committees, as the occasion may require; (b) such salary and allowances of the Administrator, as the State Government may, by general or special order in that behalf, fix shall be paid out of Nagar Nigam Fund; (c) the State Government may, from time to time by Notification in the Gazette, make such incidental or consequential provisions, which include provisions for adapting, altering or modifying any provision of this Act, without affecting the substance, as may appear to it to be necessary or expedient for carrying out the purpose of this section : Provided that the term of Administrator, appointed under this section shall not exceed six months or till the constitution of new Nagar Nigam Board, whichever is earlier.]7

8-A [***]2

[8-AA (1) [Where any area has been specified to be a larger urban area under clause (2) of Article 243-Q of the Constitution]5 and the State Government is of opinion that until the due constitution of [Corporation]1 for such area [under this Constitution]6, it is expedient so to do, then the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by order direct that- (a) [the Municipal Council]3 or any other local authority constituted for exercising jurisdiction in such area shall, with effect from such date as may be specified in the said order, hereinafter in this section referred to as specified date stand dissolved or, as the ease may be, cease to exercise jurisdiction in such area; (b) all powers, functions and duties of the [Corporation]1, its Nagar Pramukh, [Wards Committee]4, Executive Committee, Development Committee and other Committees established under clause (e) of section 5 and of the Mukhya Nagar Adhikari shall as from the specified date, be vested in and be exercised; performed and discharged by an officer appointed in that behalf by the State Government (hereinafter referred to as the Administrator) and the Administrator shall be deemed in law to be the [Corporation]1, the Nagar Pramukh, [Wards Committee]4, Executive Committee, Development Committee or other Committees, or the Mukhya Nagar Adhikari as the occasion may require; (c) such salary and allowances of the Administrator as may be, fixed by general or special orders of the State Government in that behalf, shall be paid out of the [Corporation]1 fund. (2) Subject to any general or special orders of the State Government, the Administrator may, in respect of all or any of the powers conferred on him by clause (b)- (i) consult such committee or other body, if any, constituted in such manner as may be specified in that behalf; or (ii) delegate, subject to such conditions as he may think fit to impose, the power so conferred to any person or Committee or other body constituted under sub-clause (i), to be specified by him in that behalf. (3) The provisions of this section shall be in addition to, and not in derogation of, the provisions contained in section 579 and section 580.] 1

9- As soon as may be after the election of the Sabhasads, [xxx] 2 and the Nagar Pramukh of a [Corporation]5 for any City has been completed, the State Government shall notify by publication in the official Gazette that the [Corporation]5 for that City has been duly constituted.

10. (1) There shall be an Upa Nagar Pramukh for each [Corporation]5. (2) While the Nagar Pramukh is for any reason unable to act, or the office of Nagar Pramukh his vacant, all the duties of the office shall be performed by the Upa Nagar Pramukh until the Nagar Pramukh resumes his duties or, as the case may be, the vacancy is filled.

11. (1) No person shall be qualified for election as Nagar Pramukh- (a) if he is not an elector in the City; (b) if he has not attained the age of 30 years; (c) if he is disqualified under sub-section (1) of section 25 for election as a Sabhasad [XXX]3 or (d) if he was defeated at the poll at an election to any seat of [XXX]4 Sabhasad unless at least six months have elapsed since the date of declaration of the result of that election. (2) [***]6 (3) No person who is not a [Sabhashad]7 shall be eligible for election as Upa Nagar Pramukh.

[11-A (1) The Nagar Pramukh shall be elected on the basis of adult suffrage by electors in the City. (2) An outgoing Nagar Pramukh shall except as provided in section 16, be eligible for re-election. (3) The provisions of this Act and the rules framed thereunder in relation of elections (including disputes relating to elections and electoral offences) of a Sabhasad shall, mutatis mutandis, apply in relation of the election of the Nagar pramukh. (4) If in a general election, a person is elected both as a Nagar Pramukh and as a Sabhasad or being a Sabhashad is elected Nagar Pramukh, in any bye-election, he shall cease to be a sabhashad from the date of his election as Nagar Pramukh.]7

12- (1) [The [***]8 Upa Nagar Pramukh]4 shall be elected as soon as may be after the election of sabhasad has been completed.]1 (2) [xxx]2 (3) The [[***]8 Upa Nagar Pramukh]4 shall be elected by the members in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. (4) If an [***]8 Nagar Pramukh is elected Nagar Pramukh the office of the Upa Nagar Pramukh shall become vacant from the date Upa Nagar Pramukh holds the office of Nagar Pramukh. (5) The provisions of section 47 shall, as far as may be, be applied to the election of [the [***]8 Upa Nagar Pramukh.]4

13- For the purposes of [the election of]5 [***]3 Upa Nagar-Pramukh]5 the election of [***]9 the Sabhasads shall, notwithstanding any scat remaining unfilled, be deemed to be completed if at least four-fifths of the total number of Sabhasads fixed under section 6 have been elected.

14- If a casual vacancy occurs in the office of Nagar Pramukh or Upa Nagar Pramukh owing to death or resignation or any other cause a Nagar Pramukh or Upa Nagar Pramukh, as the case may be, shall be elected as soon as may be thereafter in the manner provided [in section 11-A or section 12:]10 Provided that where the remainder of the term is two months or less the vacancy shall remain unfilled unless the [Corporation]5 resolves otherwise.

15- (1) Except as otherwise provided in this Act, -- (a) the term of office of a Nagar Pramukh shall be co-terminus with the term of the Corporation; [(b) the term of office of Deputy Mayor shall be for period of two years and six months from the date of his election or the residue of his term as a Corporate, whichever is less; (c) the provisions of clause (b) shall also apply to a Deputy Mayor, who is declared elected in his last election.]3 (2) The term of office, of a Nagar Pramukh or an Upa Nagar Pramukh elected to fill a casual vacancy shall be the remainder of the term of office of his predecessor. (3) A Nagar Pramukh or an Upa Nagar Pramukh shall, unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor assumes office as Nagar Pramukh or Upa Nagar Pramukh, as the case may be.

[15-A [***]2

4[16- (1) Where the State Government has reason to believe that- (a) There has been any default on the part of the Mayor or Deputy Mayor in the discharge of his duties; (b) The Mayor or Deputy Mayor has- (i) Acquired any disqualification mentioned in section 11 and 25; or (ii) intentionally earned any share or interest, whether financial or other-wise, directly or indirectly by him or o n his behalf or by any partner in any contract with the Nagar Nigam or any employment in the Nagar Nigam under section 463; or (iii) As a Mayor or Deputy Mayor or corporate intentionally worked in any such matter in which he or his partner has directly or indirectly has any share or interest, whether financial or otherwise or had professional interest on behalf of any client, owner or any other person; or (iv) Against the Nagar Nigam or the State Government attended as a Lawyer and worked on behalf of any individual in any suit or other legal proceedings in connection with any nasal land under the management of the Nagar Nigam, worked or attended any criminal proceeding on behalf of any such person against whom any criminal proceeding has been instituted by him or the Nagar Nigam; or (v) Has vacated his usual place of residence under [municipal corporation]3 area of the Nagar Nigam, or (v) Has been guilty of misconduct in discharge of his duties; or (vii) Has grossly misused his office as Mayor or Deputy Mayor during the current or earlier term of the Nagar Nigam acting as chairman or Corporator or in any other capacity whatsoever, during any period or intentionally acted in contravention of any provision of this Act, or any rule, regulation or bylaw or caused such damage or loss to the fund or the property of the Nagar Nigam which disqualifies him to continue as Mayor or Deputy Mayor; or (viii) He is guilty of any other misconduct whether such act has been done as a Mayor or Deputy Mayor or Corporator; or (ix) Has acted against the interest of the Nagar Nigam; or (x) Has obstructed any meeting of the Nagar Nigam in such manner that the conduct of the meeting becomes impossible or abetted any one to do so; or (xi) has intentionally acted in contravention of any order or direction of the State Government issued under this Act; or (xii) misbehaved with the officers or employees of the Nagar Nigam without any valid reason; or (xiii) Disposed of any property of the Nagar Nigam for a price less than its market value; or (xiv) Encroached upon any land, building or any other immovable property of the Nagar Nigam or assisted or abetted any other person for such an encroachment. The State Government any require him to show cause within the period specified in the notice that why he should not be removed from his post. (2) The state Government after considering the explanation submitted by the mayor or Deputy Mayor or after such inquiry as may be deemed necessary recording the reason may remove the mayor Deputy Mayor from such post. (3) Any order issued by the state Government under sub-section (2) shall be final and no objection shall be raised against it in any court of law. (4) The Mayor or Deputy Mayor removed under sub-section (2) shall not remain even as Corporator and shall not be eligible for re-election a Mayor or Deputy Mayor for a period of 5 years from the date of his removal on any ground under clause (a) and (b) of sub-section (1).]2

17- [(1) A Nagar Pramukh shall be ex-officio member of the Corporation.]6 (2) A Nagar Pramukh shall have only a casting vole in the event of equality of votes when presiding at meetings of the [Corporation]3 or any Committee thereof and not vote as a member.

[18- The Nagar Pramukh and the Upa Nagar Pramukh may be given such allowances or facilities, as the [Corporation]3 may, with the previous approval of the State Government, fix.]1

19- (1) A Nagar Pramukh wishing to resign his office may do so by writing under his hand addressed to the State Government and it shall take effect from the date of the information to the Mukhya Nagar Adhikari that it has been accepted by the State Government. (2) An Upa Nagar Pramukh may at any time resign his office by writing under his hand addressed to the Nagar Pramukh and it shall take effect as soon as it is received by the Nagar Pramukh.

20- [X X X]2

21- [X X X]2

22- [X X X]2

[23- The provisions of sections 24, 25, 26, 28, 29, 30-A, 81, 82, 83, 85, 87, 538, 565, 570 and 572 as they apply to Sabhasads shall, mutatis mutandis apply to Nam- Nirdishta Sadasyas.]4

[24- A person shall not be qualified for being chosen as, and for being a Sabhasad unless he -- (a) is an elector in the City, (b) has attained the age of a twenty one years; and (c) belongs in respect of a seat reserved for the Scheduled Castes, the Scheduled Tribes, Backward Classes or women, to such category, at the case may be.]5 (d) [***]7

25- (1) A person shall, notwithstanding that he is otherwise qualified, be disqualified for being chosen as, and for being a [Sabhasad]2, if he- [(a) whether before or after the commencement of this Act has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than two years unless a period of five years or, such less period as tile State Government may allow in any particular case, has elapsed since his release;]1 (b) is an undercharged insolvent; (c) holds any place of profit In the gift or disposal of the [Corporation]4; (d) is in the service of a State Government or the Central Government or any local authority or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate, or an Honorary Munif or an Honorary Assistant Collector ; (e) has whether by himself or by any person in trust for him or for his benefit or to his account, any share or interest in a contract for supply of goods to, or for the execution of any works or the performance of any services undertaken by the [Corporation]4; (f) is in arrears in excess of one year's demand, of any tax payable to the [Corporation]4, to which section 504 applies or of any charges for water supplied by the [Corporation]4; (g) having held any, office under the Government of India or the Government of any State he has been dismissed for corruption, or disloyalty to the State, unless a, period of [six years]3 has elapsed since, his dismissal; (h) is debarred from practicing as a legal practitioner by order of any competent authority ; (i) is disqualified under section 80 or 83 of this Act from being a member of a [Corporation]4; (j) [***]6 is suffering from any of the infectious diseases to be specified by the State Government by order and has been declared by a medical officer not below the rank of a [Chief Medical Officer] 7 to be incurable of such disease: [(k) is so qualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;]8 Provided further that arrears of any tax or water charges due to the [[Municipal Corporation]8 Council]4 or any other local authority, exercising jurisdiction within the area which has since been [notified a City]5 shall for the purposes of clause (1) be deemed to be arrears of tax or water charges payable to the [Corporation]3; [(l) He has more than two children of whom one is born after expiry of 300 days from the date of notification of this part; or (m) has been convicted of any offence against a woman; or, (n) has an interest or share, in a publication where in advertisement regarding activities of the [Municipal Corporation]8 can be published; or, (o) is a paid employee of any institution, receiving financial aid from the [Municipal Corporation]8 or, (p) the person or any member of his/her family or his/her legal heir is in unauthorized occupation of any land or building owned or managed by the [Municipal Corporation]8 / Government or a public road or pavement, canal, drain, or is a beneficiary of such unauthorized occupation; or, (q) is a representative or office bearer of any federation or union of any cadre or class of employees of the [Municipal Corporation]8; or (r) has been convicted of any offence involving violation of any Act, Rules, Sub-rules, regulations and Govt. orders relating to [Municipal Corporation]8 and has been found guilty or working against the interest of the [Municipal Corporation]8.]6 [(s) is a candidate from more than one ward.]7 (2) [x x x]1 (3) [x x x]1 (4) Having been elected as [xxx]2 a Sabhasad a person shall be disqualified for continuing as [xxx]2 a Sabhasad if he- (i) is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with which he is engaged in a professional capacity in connexion with any cause or proceeding in which the [Corporation]5 or the Mukhya Nagar Adhikari is interested or concerned, or (ii) absents himself for six consecutive months from the meetings of the [Corporation]5, except on account of illness or any other cause accepted by the [Corporation]5. (5) A person shall not be deemed to have incurred any disqualification under clause (c) of sub-section (I) by reason only of his receiving- (i) any pension, (ii) any allowance or facility for serving as the Nagar, Pramukh or Upa Nagar Pramukh or as a Sabhasad [x x x]1 ; (6) A person shall not be deemed to have incurred disqualification under clause (e) of sub-section (1) by reason merely of his having any share or interest in- (i) any joint stock company or any society registered or deemed to be registered under the [Uttar Pradesh Co-operative Societies Act, 1965,]5 which shall contract with, or be employed by it he Mukhya Nagar Adhikari on behalf of the [Corporation]4; (ii) the occasional sale to the Mukhya Nagar Adhikari on behalf of the [Corporation]4 of any article in which he regularly trades to a value not exceeding in the aggregate in any one calendar year two thousand rupees. [(7) Any person who, after being elected as Shabhasad, becomes disqualified under this section shall not remain a Sabhasad and his seat shall become vacant with effect from the date of incurring such disqualification.]2

26- (1)The term of a Sabhasad [xxx]3 other than Sabhasad [xxx]3 chosen to fill a casual vacancy shall be co-terminus with the term of the [Corporation]4. (2) The term of a Sabhasad [xxx]3 chosen to fill a casual vacancy shall be the remainder of his predecessor's term.

27- (1) The Sabhasad shall be elected on the basis of adult suffrage in accordance with the provisions of this Act and the rules framed there-under. (2) An outgoing Sabhasad shall be eligible for re-election,

28- Where before the expiration of the term of office of a Sabhasad his seat becomes vacant owing to death or resignation or any other, cause a Sabhasad shall be elected as soon as may be after the occurrence of the vacancy in the same manner as far as may be, but subject to any other provisions of the Act in that behalf, as is provided for the election of Sabhasads at a general election by, and under this Act: Provided that where the term of an outgoing Sabhasad would in the ordinary course expire within four months of the occurrence of the vacancy, the vacancy shall be left unfilled unless the [Corporation]4 resolves otherwise.

29- A Sabhasad may at any time resign his office by writing under his hand addressed to the Nagar Pramukh, and his resignation shall take effect upon the receipt of the same by the Nagar Pramukh.

30- [***]8

[30-A The Sabhasads [xxx]2 may be paid such conveyance allowance, or be given such facilities in lieu of conveyance allowance, for attendance at meetings of the [Corporation]3 and its committees as may be provided by rules]1

31- (1) For the purpose of the election of Sabhasads [each [municipal corporation]9 area]7 shall be divided into [territorial constituencies to be known as]4 wards in the manner provided in section 32 and there shall be a separate electoral roll for each ward. [(2) Each ward shall be represented by one Sabhasad in tee Corporation;]5 (3) [***]6

*32- (1) The State Government shall by order -- (a) devide a [[municipal corporation]8 area]5 into wards in such manner that the population in each ward shall, so for as practicable, be the dame throughout the [[municipal corporation]8 area; (b) determine the number of wards into which a [[municipal corporation]8 area]5 shall be devided; (c) determine the extent of each ward; (d) determine the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women.]4 (2) The draft of the Order under sub-section (1) shall be published in the official Gazette for objections for a period of less than [seven days]6. (3) The State Government shall consider any objections filed under sub-section (2) and the draft Order shall, if necessary, be amended, altered or modified accordingly and thereupon it shall become final.

33- (1) The State Government may by a subsequent Order, alter or amend any final Order under sub-section (3) of section 32. [(1-A) For the alteration or amendment of any order under sub-section (1), the provisions of sub-sections (2) and (3) of section 32 shall mutatis mutandis apply.]7 (2) Upon alteration or amendment of any final Order tinder this section the State Government shall apportion the existing Sabhasads to the altered or amended wards so as to provide so far as is reasonably practicable tor their continuing to represent as large a number as possible of their former constituents. (3) An existing Sabhasad shall hold his office in the ward to which he is assigned for the same period that he would have' held it had the wards, remained unaltered and unamended.

34- [***]2

[35- There shall be an electoral roll for each ward which shall be prepared in accordance with the provisions of this Act, under the Superintendence, direction and control of the State Election Commission.]3

36- [Subject to the provisions of sections 37 and 38, every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepaid or revised and who is ordinarily resident in the area of the ward shall be entitled to be registered in the electoral roll for the ward. Explanation- (i) A person shall not be deemed to be ordinarily resident in the area of a ward on the ground only that he owns, or is in possession of, a dwelling house therein; (ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (iii) A member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the area of a ward merely by reason of his absence from that area in connection with the duties as such member. (iv) Any other factors that may be prescribed shall be taken in to consideration for deciding as to what persons mayor may not be deemed to be ordinarily residents of a particular area at any relevant time. (v) If in any case a question arises as to where as to where a person is ordinarily resident at any relevant time, the question shall be determined, with reference to all the facts of the case.]1

37- [(1) A person shall be disqualified for registration in an electoral roll, if he- -- (i) is not a citizen of India; or (ii) is of unsound mind and stands so declared by a competent court ; or (iii) is for the time being disqualified from voting under the provisions, of any law relating to corrupt practices and other offences in connection with elections.]2 (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll of the ward in which it is included : Provided that the name of any person struck off the electoral roll of a ward by reason of disqualification under sub-section (I) shall fourth with be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under the provisions of this Act or under any other' law authorizing such removal.

38- (1) No person shall be entitled to be registered ill the electoral roll for more than one ward in the same city. (2) No person shall be entitled to be registered in the electoral roll for any ward more than once. [(3) No person shall be entitled to be registered in the electoral roll for any ward; if his name is entered in any electoral roll pertaining to any other city, or to any [smaller urban area, transitional areas, cantonment or Gram Panchayat]3 unless he shows that his name has been struck, off such, electoral roll.]1

[39- (1) [Subjects to the Superintendence, direction and control of the State Election Commission the electoral roll for each ward shall be prepared and published in the manner prescribed by rules by an Electoral Registration Officer under the supervision of the Chief Election Officer (Urban Local Bodies). (2) The Chief Election Officer (Urban Local Bodies) and the Electoral Registration Officer, referred to in sub-section (1) shall be such officers of the State Government as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf. (3) Upon the publication of the electoral roll it shall, subject to any alteration, addition or correction made in accordance with this Act or the rules made thereunder, bhe the electoral roll for the ward prepared in accordance with this Act. (4) The Electoral Registration Officer may, for the purpose of preparation of electoral roll for a ward, adopt, in accordance with the directin of the State Election Commission, the Assembly roll for the time being in force so far as it relates to the area of that ward: Provided that the electoral roll for that ward shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such ward and before the completion of such election. (5) Where the Electoral Registration Officer is satisfied after making such enquiry as it he think fit, whether on an application made to him or on his own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, he shall subject to the provisions of this Act and rules and orders made there under, delete or correct or add the entry, as the case may be : Provided that no such deletion, correction or addition shall be made after the last date for making nomination for an election in the ward and before the completion of that election : Provided further that no deletion or correction affecting the interest of any person adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. (6) An appeal shall lie within such time and manner and to such officer or authority as may be prescribed by rules against any order of the Electoral Registration officer in regard to the inclusion, deletion or correcting of a name in the electoral roll.]4

[40- The State Election Commission may, if it thinks it necessary so to do, for the purposes of general or bye-election, direct a revision of the electoral roll for all or any of the wards in such manner as it may think fit : Provided that subject to the other provisions of this Act, the electoral roll for the ward as enforce at the time of issue of any such direction, shall continue to be in force until the completion of revision so directed.]2

41- [In so far as provision with respect to any of the following matters is not made by this Act or the rules made there under, the State Election Commission may]4, by order make provisions in respect of the following matters concerning the electoral rolls, namely- (a) the date on which the electoral rolls first prepared and subsequently prepared under this Act shall come into force and their period of operation; (b) the correction of any existing entry in the electoral rolls on the application of the elector concerned. (c) the correction of clerical or printing errors in the electoral rolls; (d) correction of electoral rolls in case of large omissions of names there from in respect of any area; (e) the inclusion in the electoral rolls of the name of any person--- (i) whose name is included in the Assembly Rolls for the area relatable to the ward but is not included in the electoral roll of the ward or whose name has been wrongly included in the electoral roll of some other ward, or (ii) whose name is not included in the Assembly Rolls and who is otherwise qualified to be registered in the electoral roll of the ward; (f) exclusion of the names of persons who are disqualified for registration; (g) the maintenance of the record of persons disqualified for voting; (h) fees payable on application for inclusion and exclusion of names; (I) [XXX]3 (j) custody and preservation of the electoral rolls; and (k) generally for at matters relating to the preparation and publication of the electoral rolls.

42. (1) No person who is not and, except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any ward shall be entitled to vote in that ward. (2) No person shall vote at any election in any ward if he is subject to any of the disqualifications referred to in section 37. (3) No person shall vote at a general election in .more than one ward of a [Corporation]1 and if a person votes in more than one such ward, his votes in all such wards shall be void. (4) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll for that ward more than once, and if he does so vote, all his votes in that ward shall be void. (5) No person shall vote at any election if he is confined in a prison whether under a sentence of imprisonment or transportation or otherwise or in the lawful custody of the police: Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.

43- [***]2

44- At every election in a ward where a poll is taken votes shall be given by secret ballot [or voting machine]5 and no vote shall be received by proxy.

[45- [(1)]4 The Superintendence, direction and control of the conduct of elections of the Nagar Pramukh, Upa Nagar Pramukh and Sabhasads of the Corporation shall be vested in the State Election Commission.]3 [(2) Subject to sub-section (1) the Chief Election Officer (Urban Local Bodies), referred to in sub-section (2) of section 39, shall supervise the conduct of the elections of the Nagar Pramukh, Upa-Nagar Pramukh and Sabhasads of the Corporation.]4 [(3) State Election Commission shall obtain from all the candidates a declaration in the form of an affidavit containing the following information and any other information it deems necessary and shall, except information contained in clause (c) and (e), make public the same for the information of the electorate :-]6 (a) Whether the candidate has been convicted/ acquitted/ discharged of any criminal offence in the past and, if convicted, whether he was punished with imprisonment of fine ? (b) prior to six months of filing of nomination, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the court of law, if so, the details thereof; (c) The assets (immovable, movable, bank balances etc.) of a candidate and of his/her spouse and, that of dependants; (d) Liabilities, if any, particularly whether there are any over dues of any public Financial Institutions or Government dues; (e) His/her source of income and full details of present Monthly/ Annual income; (f) Whether he/she is married/ unmarried; (g) Number of Children, their ages, and their educational expenses; (h) Details of his/her income tax; projections tax/fees payable annually; (i) The educational qualifications of candidate.]5

46- In so far as provision with respect to any matter is not made by this Act, [the State Commission]3 may, by order, provide for matters concerning conduct of elections to the offices of Nagar Pramukh and Upa Nagar Pramukh and to the seats of [XXX]1 Sabhasads, that is to say- -- (a) [XXX]4 (b) the appointment, powers and duties of Nirvachan Adhikaris (Returning Officers), Sahayak Nirvachan Adhikaris (Assistant Returning Officers), Nirvachan Adhykshas (Presiding Officers) and Matdan Adhikaris (Polling Officers) and clerks; (c) appointment of dates for nomination, scrutiny, withdrawal and polling; (d) the manner of presentation and the requirements for a valid nomination, scrutiny of nominations and withdrawal of candidatures; (e) appointment and duties of election agents, polling agents and counting agents; (f) procedure at general elections including death of candidate before poll, procedure in contested and uncontested elections, [xxx]7; (g) identification of voters; (h) hours of polling; (i) adjournment of poll and fresh poll ; (j) manner of voting at elections; (k) scrutiny and counting of votes including recount of votes and procedure to be followed in case of equality of votes and declaration of results-; (l) the notification of the names of the persons elected as Sabhasads, [xxx]1 Nagar Pramukh and Upa Nagar Pramukh ; (m) refund and forfeiture of deposits; (n) manner in which votes are to be given by Nirvachan Adhyaksha (Presiding Officer), polling agent or any other person who being an elector for a ward is appointed for duty at a polling station at which he is not entitled to vote; (o) the procedure to be followed in respect of the tender of vote by person representing himself to be an elector after another person has voted as such elector; (p) the safe custody of ballot boxes, ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; (q) [xxx]6 (r) issue of copies of election papers and fixing of charges for such copies; (s) maintaining of list of Sabhasads [xxx]2 for the purposes of elections of [xxx]2 [[xxx]8 the Upa Nagar Pramukh]4 ; and (t) generally on all matters relating to conduct of elections.

47- (1) If at any election of Sabhasads [XXX]3 any seat remains unfilled, a fresh election shall be held to fill the vacancy. (2) For the purposes of conduct of election and ascertainment of the term of a Sabhasad [xxx]2 and election under sub-section (1) shall be deemed to be an election to fill a casual vacancy.

48- [(1) The provisions of sections 125, 126,127, 127-A, 128,129, 130, 131, 132, 134, 134-A, 135, [135-A]10 and 136 of Chapter III of Part VII of the- Representation of the People Act, 1951 shall have effect as if- (a) the reference therein to an election were a reference to an election held under this Act; (b) for the word ‘constituency’ the word 'ward' had been substituted; (bb) in section 127-A in sub-section (2) in clause (b), in sub-clause (i), for the words the Chief Electoral Officer the words the [“Chief Election Officer (Urban Local Bodies)”]9 had been substituted; (c) in sections 134 and 136 for the words by or under this Act the words by or under the Uttar Pradesh [Municipal Corporation Act,]7 1959 had been substituted;]3 (2) If the [“Chief Election Officer (Urban Local Bodies)”]9 has reason to believe that any offence punishable under section 129 or 134 [or 134-A]4 under clause (a) of sub-section (2) of section 136 of the said chapter has been committed in reference to any election to a [Corporation]6 he may cause such enquiries to be made and such prosecutions to be instituted as the, circumstances of the case may appear to him to require. (3) No court shall take cognizance of any offence punishable under section 129 or under section 134 [or under section 134-A]5 or under clause (a) of sub-section (2) of section 136 unless there is a complaint made by order of or under authority from the [“Chief Election Officer (Urban Local Bodies)”]9 .

49- [No civil court shall have jurisdiction- (a) to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a ward; or [(b) to question the legality of any action taken by or under the authority of the State Election Commission in respect of preparation and publication of electoral roll; or]8 (c) to question the legality of any action taken or of any decision given by the Nirvachan Adhikari (Returning Officer) or by any other person appointed under this Act in connection with an election.]2

[50- (1) A general election shall be held for the purpose of constituting or reconstituting a Corporation. (2) For the said purpose, the State Government shall, by notification published in the official Gazette, on such date as may be recommended by the State Election Commission, call upon all wards in the City to elect Subheads and the Nagar Pramukh in accordance with the provisions of this Act and of the rules and orders made there under. (3) If a casual vacancy occurs in the office of Nagar Pramukh, Upa Nagar Pramukh or a Sabhadad owing to death or resignation or any other cause, such officer or seat, as the case may be, shall be declared vacant by the State Government by notification published in the official Gazette. (4) When an office or seat has been declared vacant, the State Election Commission shall, by a notification in the official Gazette, call upon the ward concerned or, as the case may be, the Sabhashads, to elect a person for the purpose of filling the vacancy so caused in accordance with the provisions of this Act and of the rules and orders made thereunder before such date as any be specified in the notification.]5

51- (1) The Executive Committee shall consist of- (a) the [Nagar Pramukh]1 who shall be ex-officio Chairman of the Executive Committee; and (b) twelve persons to be elected by the [Corporation]4 out of Sabhashads [xxx]3. [(2)The Deputy Mayor shall be ex-officio Chairman of the Executive Committee.]6 (3) [***]7 (4) The persons referred to in clause (b) of sub-section (1) shall be elected by the [Corporation]4 at its first meeting after general elections. (5) One-half of the members of the Executive Committee shall retire every succeeding year .at noon on the first-day of the month in which the first meeting of the [Corporation]4 mentioned in sub-section (4) was held : Provided that all the members of the Executive Committee in office when general elections are held shall retire from office on the election of a new committee under sub-section (4). (6) The members who shall retire under sub-section (5) one year after their election under sub-section (4) shall be selected by lot at such time previous to the date for retirement specified in sub-section (5) and in such manner as the Chairman of the Executive Committee may determine, and in succeeding years the members who shall retire under this section shall be those who have been longest in office: Provided that, in the case of a member who has been re-appointed, the term of his office for the purposes of this sub-section shall be computed from the date of his re-appointment. (7) The [Corporation]2 shall at its meeting held in the month preceding the date of retirement specified in sub-section (5) appoint fresh members of the Executive Committee to fill the offices of those who are due to retire on the said date. (8) A casual vacancy in the seat of a member of the Committee shall be filled by electing a member for the remainder of the term of the member outgone: Provided that where the remainder of the term of the Committee is less than two months, the vacancy shall not be filled unless the [Corporation]2 resolves otherwise. (9) A retiring member shall be eligible for re-election.

52- The election of members of the Executive Committee and of the Vice-Chairman thereof shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

53- A member of the Executive Committee wishing to resign his office may do so in writing under his hand addressed to the Nagar Pramukh and it shall take effect from the moment of its receipt by the Nagar Pramukh.

54- (1) The Development Committee shall consist of- (a) the Upa Nagar Pramukh who shall be its ex-officio Chairman; (b) ten persons to be elected by the [Corporation]2 out of Sabahsads [xxx]1; and (c) two persons to be co-opted by the members referred to in clauses (a) and (b) from among persons who in the opinion of the said members have experience of [Corporation]2 administration of matters pertaining to development improvement or planning. (2) The Development Committee shall at its first meeting and so often thereafter as may be necessary on account of a vacancy in the once of Vice-Chairman elect one of its elected members to be its Vice-Chairman. (3) A Vice-Chairman shall cease to hold office as soon as he ceases to be a member. (4) A co-opted member shall have the right to speak in and other-wise to take part in the proceedings of the Development Committee or of any sub-committee thereof of which he may be a member but shall not by virtue of this sub-section be entitled to vote. (5) The term of a co-opted member shall be one year. (6) The persons referred to in clause (b) of sub-section (1) shall be elected by the [Corporation]1 at its first meeting after general elections. (7) One-half of the members of the Development Committee shall retire every succeeding year at noon on the first day of the month in which the first meeting of the [Corporation]1 mentioned in sub section (6) was held: Provided that all the members of the Development Committee in office when general elections are held shall retire from office on the election of a new Committee under sub-section (6). (8) The members who shall retire under sub-section (7) one year after their elections under sub-section (6) shall be selected by lot at such time previous to the date for retirement specified in sub-section (7) and in such manner as the Chairman of the Development Committee may determine, and in succeeding years the members who shall retire under this section shall be those who have been longest in office: Provided that, in the case of a member who has been re-appointed, the term of his office for the purposes of this sub-section shall be computed from the date of his re-appointment. (9) The [Corporation]1 shall at its meeting held in the month preceding the date of retirement specified in sub-section (7) appoint fresh members of the Development Committee to fill the offices of those who are due to retire on the said date. (10) A casual vacancy in the seat of a member of the Committee shall be filled for the remainder of the term of the member outgone: Provided that if the remainder of the term is less than two months, the vacancy shall not be filled unless the [Corporation]1 resolves othewise. (11) A retiring member whether elected or co-opted shall be eligible for re-election or re-co-option.

55- The election of members of the Development Committee and its Vice-Chairman shall be held in accordance with the system of proportional representation by means of the single, transferable vote and the voting at such election shall be by secret ballot.

56- A member of the Development Committee wishing to resign his office may forward a written resignation signed by him to the Nagar Pramukh and his resignation shall take effect upon the receipt of-such writing by the Nagar Pramukh.

57- (1) A committee constituted under clause (e) of section 5 shall consist of as many members not exceeding twelve as the [Corporation]1 may determine. (2) Subject to the directions, if any, of the State Government in this behalf, the members of a committee referred to in sub-section (1) shall elect from among themselves a Chairman and a Vice-Chairman and shall fill any casual vacancy in the office of Chairman or Vice-Chairman by fresh election. (3) The provisions relating to the term and manner of election of members of Executive Committee shall, as far as may be, apply to a committee constituted under clause (e) of section 5.

2[57-A (1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole. (2) The Metropolitan Planning Committee, referred to in sub-section (1) shall consist of a Chairperson who shall be chosen in such manner as may e prescribed by rules and such number of members not less than twenty one and not more then thirty, as the State Government may by order specify. (3) Out of the total number of members specified under sub-section (2)— (a) two thirds of the members shall be elected by and from amoungs, the elected members of the [Municipal Corporation]3and chairpersons of the Panchayats in the Metropolitan area in proportion ot the ratio between the population of the [Municipal Corporation]3and of the Panchayats in the area; and (b) one third of the members shall be nominated by the State Government from amoungst – (i) an officer, not below the rank of Deputy Secretary to the Central Government in the Ministry of Urban Development; (ii) an officer, not below the rank of Join Secretary to the State Government in the Urban Development Department; (iii) an officer not below the rank of Joint Secretary to the State Governemtn in the Forest Department; (iv) the Chief Town and Country Planner, Uttar Pradesh; (v) Director, Environment, Uttar Pradesh; (vi) the Managing Director of Jal Nigam established under the Uttar Pradesh Water Supply and Sewerage Act, 1975; (vii) the General Manager of Jal Sansthan established under the Uttar Pradesh Water Supply and Sewegate Act, 1975 situated in the Metropolitan area; (viii) a Superintending Engineer of the Public Works Department; (ix) a Superintending Enginee of the Uttar Pradesh State Electricity Board; (x) Vice Chairman of the Development Authority in the Metropolitan Area. (3) The elected member of the Metropolitan Planning Committee referred to in clause (a) of sub-section (3) shall cease to hold office as soon as he ceases to hold the office by virtue of which he became such member. (4) A member referred to in sub-clause (i) of clause (b) of sun-section (3) shall be nominated on the recommendation of the Secretary to the Government of India in the Urban Development Department. (5) Any vacancy of members shall be no bar to the constitution or reconstitution of the Metropolitan Planning Committee. (6) The Metropolitan Planning Committee shall, in preparing the draft development plan – (a) have regard to – (I) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the municipalities and the panchayats including coordinated spatial planning or the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of Indian and the State Government; (iv) the extent and nature of investment likely to be made in the metropolitan area by agencies of the Government of India and other available resources whether financial or otherwise. (b) consult such institutions and organizations as the Governor may by order, specify. (7) The Chairperson of a Metropolitan Planning Committee shall forward the development plan as recommended by such Committee to the State Government. Explanation—For the purposes of this section “Municipalities” means the Municipal Corporation, Municipal Council and Nagar Panchayat.]2

[58- (1) For every Municipal Corporation, the State Government shall appoint a Mushya Nagar Adhikari and one or more Apar Mukhya Nagar Adhikari as it may consider necessary :-- Provided that no person not already in the service of [the Government may be appointed as Mukhya Nagar Adhikari]7 unless his appointment has been approved by the State Public Service Commission.]5 [Provided further that no person may be appointed as Apar Mukhya Nagar Adhikari unless he is an Upa Nagar Adhikari of the Corporatino in the senior most scale.]8

59- (1) The Mukhya Nagar Adhikari [and the Apar Mukhya Nagar Adhikari]6 shall receive from the [Corporation]4 Fund such monthly salary and allowances, as the State Government may from time to time determine. (2) The other, terms of employment including leave, pension, contribution to Provident Fund, shall be such as the State Government may prescribe.

60- No election under this Act shall be called in question except as provided by or under this Act.

61- (1) The election of a person as [Nagar Pramukh or Upa Nagar Prarnukh]3 may be questioned by any unsuccessful candidate or by any person whose nomination paper was rejected of by any member of the [Corporation]4 by presenting a petition to the District Judge exercising jurisdiction in the city on anyone or more of the grounds mentioned in section (2) The petition shall be presented within seven days of the declaration of the result of election.

62- [(1) The election of any person as Sabhasad may be questioned by any unsuccessful candidate at the election of by any person whose Domination paper was rejected at the election or by any elector of the ward concerned.]1 (2) The petition may be presented on any one or more of the- grounds mentioned in section 71. (3) The election of any person as [xxx]2 Sabhasad shall not be questioned on the ground that the name of any person qualified to vote, has been omitted from, or the name of any person not qualified to vote, has been inserted in the electoral roll or rolls. [(4) The petition shall be presented to the District Judge exercising jurisdiction in the city within 30 days of the declaration of result of the election.]3

63- (1) An election petition shall specify the ground or grounds on which the election of respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies, and shall set forth full particulars of any corrupt practice which the petioner alleges, including as full a statement as possible as to the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice. (2) The petition and if there is any ,schedule or annexure to the petition, such schedule or annexure also, shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings. (3) A petitioner shall join as respondent to his petition: (a) where the petitioner claims a declaration under [XXX]1 section 64, all the contesting candidates, other than the petitioner, and in any other case all the returned candidates; and (b) any other candidate against whom allegations of any corrupt practice are made in the petition.

64- A petitioner, may in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected.

65- (1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election: Provided that the returned. candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within 21 days of the service upon him of notice of the election petition in case the election questioned is as [XXX]2 Sabhasad and three days in all other cases given a notice to the. District Judge trying the election petition of his intention to do so and has also given the security, if any, prescribed under section 79. (2) Every notice referred to in sub-section (1) shall be accompanied by the specification, statement and particulars required by section 63 in the case of an election petition and shall be signed and verified in like manner.

66- If an election petition has not been presented within the time allowed by this Act or it does not comply with any provisions made under section 79 relating to deposit of security or the necessary court fee payable thereon is not furnished within the time allowed therefor it shall forthwith be rejected by the District Judge.

67- (1) An ejection petition not rejected under section 66 shall be heard by the District Judge. (2) The District Judge hearing the petition shall follow such procedure as may be prescribed by rules under section 79.

68- (1) On the application of any party to an election petition and after notice to the other parties thereto and after hearing such of them as desire to be heard or, of its own motion without such notice, the High Court may at any stage- (a) transfer an election petition pending before a District Judge for trial to any other District Judge; or (b) re-transfer the same for trial to the District Judge from whom it was withdrawn. (2) Where any election petition has been transferred or re-transferred under sub-section (1), the, District Judge who thereafter tries such petition may, subject to any direction in the order of transfer to the contrary, proceed from the point at which it was transferred or re-transferred : Provided that he may, if he thinks fit, recall and re-examine any of the witnesses already examined.

69- If the petition has not otherwise been dismissed in the course of hearing, the District Judge shall at the conclusion of the trial of an election petition make an order- -- (a) dismissing the election petition; or (b) declaring the election of all or any or the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.

70- At the time of making an order under section 69 the District Judge shall also make an order- (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording- (i) a finding whether any corrupt practice has or has not been proved to have been committed by, or with the consent of, any candidate or his agent at the election, and the nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice ; and (b) fixing the total. amount of costs payable, and specifying the persons by and to whom costs shall be paid : Provided that no person shall be named in the order under sub-clause (ii) of clause (a) unless- (a) he has been given notice to appear before the District Judge and to show cause why he should not be so named; and (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the District Judge and has given evidence against him, of calling evidence in his defence and of being heard.

71- If the District Judge is of opinion-- (a) that on the 'date of his election a returned candidate was not qualified, or was disqualified to be chosen to fill the seat under this Act; or (b) that any corrupt practice specified in section 78 has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent ; or (c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected- (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or his election agent or a person acting with the consent of such candidate or election agent, or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non compliance With the provisions of this Act or of any rules or orders made thereunder, the District Judge shall declare the election of the returned candidate to be void.

72- If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the District Judge is of opinion- (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the returned candidate by corrupt practice the petitioner or such other candidate would have obtained majority of the valid votes; the, District Judge shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

73- If during the trial of an election petition it appears that there is- an equality of votes between any candidates, at the election and that the addition of a vote would entitle any of these candidates to be declared elected then -- (a) any decision made by the Nirvachan Adhikari (Returning Officer) under, the provisions of-this Act shall, in so far as it determines the question between these candidates, be effective also for the purpose of the petition; and (b) in so far as that question is not determined by such a decision, the District Judge shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

74- (1) An appeal shall lie from every order made by the District Judge under section, 69 or section 70 to the High Court within thirty days from the date of the order: Provided that the High Court may entertain an appeal after the expiry of the said period thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within-such period. (2) Every person who prefers an appeal under sub-section (1) shall enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees has been made by him either in a Government Treasury or in the State Bank of India in favour of the High Court as security costs of the appeal. (3) The High Court shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this Chapter as if the appeal were an appeal from an original decree passed by a civil court situated within the local limits of its civil appellate jurisdiction: Provided that every appeal under this section shall be heard by a bench of not less than two judges. (4) Every appeal shall be decided as expeditiously as possible and endeavour shall be made to determine it finally within three months from the date on which the memorandum of appeal is presented to the High Court. (5) A copy of the order of the High Court on appeal shall be sent by the Registrar of the High Court to the State Government for information. (6) Where an appeal has been preferred against an order under clause (b) of section 69, the High Court may, on sufficient cause being shown, stay operation of the order appealed from and in such a case the order shall be deemed never to have taken effect under section 77 and shall not take effect until the dismissal of the appeal.

75- The decision of the High Court on appeal under section 74 and subject only to such decision the order of the District Judge under section 69 or section 70 shall be final and conclusive.

76- The District Judge shall after pronouncing his orders made under sections 69 and 70 send a copy thereof to the State Government.

77- An order of the District Judge under section 69 or section 70 shall take effect on the day next following the day on which the same is pronounced.

78- The following-shall be deemed to be corrupt practices for the purposes of this Act: (1) Bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person of any gratification to any person whom so ever, with the object directly or indirectly of inducing- (a) a person to stand or not to stand as, or to withdraw from being a candidate, or to retire from contest at an election; (b) an elector to vote or refrain from voting at an election, or as a reward to- (i) a person for having so stood or not stood or for having withdrawn his candidature, or for having retired from contest; or (ii) an elector for having voted or refrained from voting. Explanation-For the purposes of this clause the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward. (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the free exercise of any electoral right at an election : Provided that-- (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who- (i) threatens any candidate, or any elector or any person in whom a candidate or any elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. (3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, 'such as the national flag or the national emblem for the furtherance of the prospects of that candidate's election. (4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the candidature, or withdrawal, or retirement from contest, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election. (5) The procuring or abetting or attempting to procure by a candidate or his agent, the application by a person whether for a ballot paper in the name of any other person, whether living or dead or in a fictitious name, or by a person for a ballot paper in his own name when by reason of the fact that he bas already voted in the same or some other ward, he is not entitled to vote. (6) The hiring or procuring, whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person, for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under order issued in pursuance of section 46 : Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is it vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation-In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose or road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or, by any other person, any assistance (other than tile giving of vote), for the furtherance of the prospects of that candidate's election, from any person in the service of the Government and belonging to any of the following classes, namely: - (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the Union; (d) members of, the police forces: (e) excise officers ; (f) revenue officers including village accountants, such as patwaris, lekhpals, talatis, karnams and the like but excluding other village officers; and (g) such other class of persons in the service of the Government as may be prescribed.

79- The State Government may make rules with respect to the following matters- (a) appointment and remuneration of staff for District Judge trying election petitions: (b) abatement and withdrawal of ejection petitions; (c) dismissal of election petitions for non-appearance, non-prosecution or non-compliance with orders of court, and with the provisions of the Act and orders made there under; (d) procedure at hearing of election petitions; (e) powers of District Judge trying election petitions; (f) place of trial; (g) deposit of security and additional security; (h) refund and forfeiture of security deposits ; (I) recovery of costs awarded under section 70; (j) substitution of parties ; (k) consignment and weeding out of records of decisions of election petitions ; (l) any other matter about which provision is necessary in the opinion of the State Government.

80- (1) Offences punishable with imprisonment under section 171-E or section l71-F of the Indian Penal Code, 1860, and offences punishable under section 135 or section 136 of the Representation of the People Act, 1951 as applied to election under this Act by section 48 shall entail disqualification for membership of a [Corporation]2 . (2) The corrupt practices specified in section 78 shall entail disqualification for membership of a [Corporation]2. (3) The period of disqualification shall be five years commencing in the case of disqualification under sub-section (1) from the date of the conviction for the offence and in the case of disqualification under sub- section (2) from the date on which the finding of the District Judge under section 70 take, effect under section 77.

81- If a person sits or votes as a Nagar Pramukh, Upa Nagar Pramukh or member of a [Corporation]2 at a meeting of the [Corporation]2 or any Committee thereof before he has complied with the requirements of sub-section (1) of section 85 or when he knows that he is not qualified or that he is disqualified for being a Nagar Pramukh, Upa Nagar Pramukh, [xxx]1 or Sabhasad as the case may be, he shall be liable in respect of each day on which he so sits or votes to a penalty of fifty rupees to be recovered as a debt due to the State.

82- If any question arises as to whether a member of a [Corporation]2 has become subject to any of the disqualifications mentioned in section 25 the question shall be referred in the manner prescribed for ·decision to the State Government and the decision of the State Government shall be final.

83- (1) The State Government may remove a member of the [Corporation]2 or of any Committee thereof on any of the following grounds:- (a) that he has acted as a [xxx]1 Sabhasad or member of any Committee, as the case may be, by voting or taking part in the discussion of any matter other than a matter referred to in clause (e) of section 25 in which he has directly or indirectly a personal interest or in which he is professionally interested on behalf of a client, principal or other person; (b) that he has become physically or mentally incapacitated for performing his duties as such member; (c) that he has been guilty of gross misconduct in the discharge of his duty as such member: Provided that no order of removal shall be made by the State Government under this section unless a [xxx]1 Sabhasad or member of Committee to whom it relates has been given a reasonable opportunity of showing cause why such order should not be made. (2) The removal shall be made by notification in the official Gazelle and shall become effective from the date of publication of such notification. (3) The Stale Government may direct a member who is suffering from any of the serious infectious diseases to be specified by the State Government, by order not to attend any meeting of the [Corporation]2 or any Committee, Joint Committee or sub-committee thereof and any member who has been so directed shall not be qualified to attend any meeting of the [Corporation]2 or any Committee, Joint Committee or sub-committee thereof until upon his furnishing proof to the satisfaction of the State Government of his having been cured of the disease the Stare Government withdraw the direction. (4) A person who has been removed from membership of the [Corporation]2 under sub-section (l) shall be disqualified for, being elected and for being a member of the [Corporation]2 for a period of four years from the date of his removal and a person who has been removed from the membership of any committee of the [Corporation]2 shall be disqualified for being elected or for being a member of such committee for a period of four years from the date of his removal: Provided that the State Government may at any time by order remove the disqualification.

84- [xxx]1

85- [(1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected a Sabhasad [xxx]3 or co-opted as a member of the Development Committee and every person who is elected a Nagar Pramukh shall before taking his seat make an oath or affirmation in the following form, namely: “I,-------- A.B., having been elected Sabhasad (co-opted member of the Development Committee) [xxx]4 Nagar Pramukh of this [Corporation]9 do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.]1 [(1-A) Within seven days of t he constitution under section 9 or reconstitution under section 538 [***]11 of the [Corporation]9 the Mukhya Nagar Adhikari shall convene a meeting of the Nagar Pramukh, [and Sabhasads]5 who have been declared elected. The Commissioner of the Division and in his absence the District Magistrate shall administer the oath or affirmation to the Nagar Pramukh and thereafter the Nagar Pramukh shall administer the oath or affirmation to such Sabhasads [x x x]6 as may be present.]2 (2) Any person who having been elected a Sabhasad or Nagar Pramukh [xxx]7 or co-opted a member of the Development Committee fails to make within three months of the dale on which his term of office commences or at one of the- first three meetings of the [Corporation]9 held after the said date, whichever is later, the oath or affirmation laid down in and required to be taken by sub-section (1) shall cease to hold his, office and his seat shall be deemed to have become vacant. (3) Any person required under sub-section (1) to make an oath or affirmation shall not take his seat at, a meeting of the [Corporation]9 in the case of a person co-opted a member of the Development Committee. at a meeting of such Committee, or do any act as Sabhasad, [xxx]8 or Nagar Pramukh or such member of the Development Committee, as the case may be, unless he has made an oath or affirmation as laid down in sub-section (1).

86- (1) All expenditure incurred in connection with the preparation and revision of electoral rolls for a city and the conduct of all elections under this Act in respect of that City shall except as otherwise directed by the State Government be charged to and be realizable from the [Corporation]9 to the extent and in the manner laid down by the State Government. (2) The Nirvachan Adhikari (Returning-Officer) or any officer charged with the duty of conducting any election may require the [Corporation]3 to advance such sum as may be necessary for the conduct of that election and the [Corporation]3 shall thereupon make that sum available to the Nirvachan Adhikari (Returning Officer) or other officer concerned.

87- (1) The State Government may make rules in respect of matters to be prescribed but which are not prescribed in the Act or by order. (2) Without prejudice to the generality of the foregoing power such rules may provide for- (a) the manner of notification of election of Nagar Pramukh, Upa Nagar Pramukh, [xxx]2 or Sabhasad, and of a vacancy in the office of Nagar Prarnukh, Upa Nagar Pramukh, [xxx]2 or Sabhasad; (b) manner of election of members of Executive Committee, Development Committee and committees constituted under clause (e) of section 5 and of co-option of members of the Development committee; (c) manner of election of Vice-Chairman of the Executive Committee and Development Committee and Chairman and Vice- Chairman of committees constituted under clause (e) of section 5; (d) maximum salary and allowances of Mukhya Nagar Adhikari; (e) manner of reference under section 82 of any question as to disqualification of member; (f) procedure for ascertaining if a member is suffering from a serious infectious disease for the purposes of sections 25 and 83; and (g) matters relating to 'taking of oath under section 85.

88- (1) The [Corporation]3 shall meet for the transaction of business six times at least in every year and more than two months shall not intervene between its last sitting and the date appointed for the first sitting of the next meeting. (2) The Nagar Pramukh and in the absence of the Nagar Pramukh, the Upa Nagar Pramukh may whenever he thinks fit, and shall, upon a requisition made in writing by not less than one-sixth of the total number of members of the [Corporation]3 call a meeting of the [Corporation]3. The requisition may be delivered to the Nagar Pramukh or, as the case may be, to the Upa Nagar Pramukh by any member subscribing the same, or sent to him by registered post [The meeting on such requisition shall be convened within fifteen days from the date of delivery or service thereof.]1 [(2-A), Notwithstanding anything contained in. sub-section (2), where a meeting has already been called to be held within a period of fifteen days from the date of delivery or service of a requisition. the Nagar Pramukh or Upa Nagar Pramukh, as the case may be, may instead of calling a separate meeting upon that requisition, include, subject to the provisions· of sub-section (I) of section 91, the matters mentioned in such requisition in the list of business to be transacted at the meeting already called and thereupon such meeting shall be deemed to be a meeting convened on that requisition as well. (2-B) The Nagar Pramukh or tile Upa Nagar Pramukh, as the case may be, may, for reasons to be recorded, postpone a, meeting, other than a meeting, convened on requisition of members, by giving such notice as may be provided by bye-laws in this behalf.]1 (3) Every meeting of the [Corporation]2 shall be open to the public unless the Presiding Officer considers that the public shall be excluded during the whole or any part of the meeting.

89- (1) The Executive Committee, [the Development Committee, the Wards Committees]3 and any other Committee constituted under section 5 shall meet once at least in every month for the transaction of business. (2) The Chairman or in the absence of the Chairman the Vice- Chairman of any Committee referred to in sub-section (1) may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than one-fourth of the total number of members or the Committee, call a meeting of the Committee.

90- (1) Where any business is required to be transacted by special resolution, the quorum for the transaction of such business shall be at least one-half of members of the [Corporation]2 or the Committee, as the case may be. (2) No business shall, except as provided in sub-section (3), be transacted at any meeting of the [Corporation]2, the Executive Committee, [the Development Committee, the Wards Committees]3or any other Committee constituted under section 5 unless at least one-fifth of the total number of members thereof be present throughout the meeting. (3) Where any meeting fails or is unable to continue to transact its business for want of quorum, the Presiding Officer of the meeting shall direct that a meeting be held at such time and place as he thinks fit and thereupon the Mukhya Nagar Adhikari shall give notice to all members of the time and place of such meeting and the business which had been listed for transaction at the original meeting may be brought forward and transacted in the usual manner at such meeting but no quorum shall be necessary thereat.

91- (1) A list of the business to be transacted at every meeting except an adjourned meeting, shall be sent to the address, given by him self of each member of the [Corporation]2 , the Executive Committee, [the Development Committee, the Wards Committees]3, or other Committee constituted under clause (e) of section 5, as the case may be, at least ninety-six hours in the case of a meeting of the [Corporation]2 and seventy-two hours in the case of a meeting of any such Committee before the time fixed for such meeting and no business, except as provided in sub-section (2), shall be brought or transacted at any meeting other than a business of which notice has been given: Provided that if the list of business aforesaid is sent by post it shall be sent under a certificate of posting. (2) Any member of the [Corporation]2 or of a Committee referred to in sub-section (i), as the case may be, may send or deliver to the Mukhya Nagar Adhikari notice of any resolution with a copy thereof proposed to be moved by him at any meeting of which notice has been sent under section (1). The notice shall be sent or delivered at least forty-eight hours in the case of a meeting of the [Corporation]2 and twenty-four hours in the case of a meeting of any Committee before the date fixed for the meeting and thereupon the Mukhya Nagar Adhikari shall with all possible despatch cause to be circulated such resolution to every member, in such manner as he may think fit. Any resolution so circulated may, unless the meeting otherwise decides, be considered and disposed of thereat.

92- (1) All matters required to be decided by the [Corporation]2 or by any Committee thereof shall, save as otherwise provided in this Act, be determined by a majority of the members present and voting at the meeting. [xxx]1 (2) The voting at all meetings shall be by show of hands but the bye-laws to be framed by the [Corporation]2 may provide that any question or class of questions as may be specified, be decided by secret ballot. (3) At any meeting, unless a poll be demanded by at least one-fourth of the members present, a declaration by the Presiding Officer at such meeting that the resolution has been carried or lost and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. (4) If a poll be demanded by at least one-fourth of the members present at a meeting the votes of all the members present who desire to vote shall be taken under the direction of the Presiding Officer of the meeting and the result of such poll shall be. Deemed to be the resolution of the [Corporation]2 at such meeting.

93- The Presiding Officer of any meeting of the [Corporation]2 or of any Committee referred to in section 89 at which a quorum of the members is present may, with the consent of the majority of the members present, adjourn the meeting from time to time.

94- (1) The Nagar Pramukh and in his absence the Upa Nagar Pramukh shall preside at meetings of the [Corporation]1. (2) In the absence of the Chairman of any Committee the Vice-Chairman thereof shall preside at meetings of the Committee. (3) The members present at any meeting shall in the absence of the Nagar Pramukh and the Upa Nagar Pramukh in the case of the [Corporation]1 and the Chairman or Vice-Chairman, in the case of any Committee referred to in section 89, choose one of their members to preside at the meeting. (4) Subject to the provisions of section 17 a person presiding at a meeting of the [Corporation]1 or of any Committee may vote on any motion before the [Corporation]1 or the Committee, as the case may be, and in the case of equality of votes shall have also a casting vote.

95- (1) The [Corporation]1 may from time to time by special resolution constitute a Special Committee consisting of such members and other persons, it any, as it may think fit, to enquire into and report upon any matter connected with its powers, duties or functions: Every member of a Special Committee shall have the right to speak in and otherwise to take part in the proceedings of, the Committee, but no member who is not a member of the [Corporation]1 shall have a right to vote at any meeting of the Committee. (2) The [Corporation]1 may from time to time by resolution appoint a Joint Committee of any two or more of the committees mentioned in section 5 in respect of matters in which such committees may be jointly interested. (3) Every Special Committee and Joint Committee shall conform to any instructions that may from time to time be given to by the [Corporation]1. (4) The [Corporation]1 may at any time dissolve or alter the constitution of any Special Committee or Joint Committee or may at any time withdraw from any Special Committee any of the powers, duties and functions delegated to it. (5) Every Special Committee and Joint Committee shall appoint one of their members to be the Chairman, provided that no member of the [Corporation]1 may be the Chairman of more than one Special Committee or Joint Committee and no person who is not a member of the [Corporation]1 shall be appointed Chairman of any committee. (6) In the absence of a Chairman at any meeting the members of a Special Committee or Joint Committee shall choose one of their members to preside at the meeting provided that no person who is not a member of the [Corporation]1 shall be so chosen. (7) The report of any Special Committee shall, as soon as may be practicable, be laid before the [Corporation]1 which may thereupon take such action as it thinks fit or may refer back the matter to the Special Committee for such further investigation and report as it may direct.

96- (1) The [Corporation]1 may from time to time and shall if so required by the State Government, join with a Cantonment authority or any other local authority or with a combination of such authorities- (a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a Chairman of such committee; (b) in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies, and (c) in framing and modifying bye-laws for regulating the proceedings of, any such committee in respect of the purpose for which the committee is appointed. (2) Where the [Corporation]1 has requested the concurrence of any other local authority under the provisions of sub-section (l) in respect of any matter and such other local authority has refused to concur, the State Government may pass such orders as it deems, fit requiring the concurrence of such other authority, not being a Cantonment authority, in the matter aforesaid and such other authority shall comply with such orders. (3) If any difference of opinion arises between the [Corporation]1 and any such other local authority which has joined the, [Corporation]1 under this section, the matter shall be referred to the State Government whose decision thereon shall be final and binding : Provided that, if the authority concerned is a Cantonment authority, any such decision shall not be binding unless it is confirmed by the Central Government. (4) The [Corporation]1 may from time to time enter into an agreement with a Cantonment authority, or a local authority or with a combination of such authorities for the levy of octroi or terminal tax or tolls by the [Corporation]1 on behalf of the authorities so agreeing and, in that event, the provisions of this Act shall apply in respect of such levy as if the area of the City were extended so as to include the area or areas subject to the control of such authority or such combination of authorities. (5) The terms on which the [Corporation]1 proposes to join with a Cantonment authority or a local authority or a combination of such authorities under sub-section (1) or sub-section (4) shall be reduced to writing and be subject to prior approval of the State Government. (6) Subject to the prior approval of the State Government the terms referred to in sub-section (5) may be varied or rescinded with the concurrence of all the local authorities concerned and any such variation or rescission shall take effect from such date as may be agreed upon and specified by the said local authorities.

97- (1) The Executive Committee, [the Development Committee, the Wards Committees]3or any Committee appointed under clause (e) of section 5 or a Joint Committee may appoint one or more sub-committees for any purpose with which it is entitled to deal and which, in its opinion, can be more usefully carried out by a sub-committee. (2) A sub-committee appointed under sub-section (l) shall possess such powers and perform such duties and functions as the Committee appointing it may from time to time delegate or confer.

98- A Sabhasad [xxx]1 may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the [Corporation]2 government of the City.

99- With the permission of the Nagar Pramukh the Chairman of any committee of the [Corporation]2 may be present at and address a meeting of any other Committee, of the [Corporation]2 but he shall not, by virtue of this section, be entitled to vote thereat.

100- Whenever the office of the Nagar Pramukh as well as of the Upa Nagar Pramukh is vacant, the 1;1ukhya Nagar Adhikari shall, subject to any directions which the Prescribed Authority may give in this behalf, carryon the routine duties of the Nagar Pramukh till a Nagar Parmukh or Upa Nagar Pramukh is elected.

101- (1) The Mukhya Nagar Adhikari shall have the right of being present at a meeting of the [Corporation]2 or of any Committee, sub-committee, Joint Committee or Special Committee constituted under this Act and of taking part in the discussion thereat and with the permission of the Presiding Officer, may at any time make a statement or explanation of facts but shall not be at liberty to vote upon or to make any proposition at such meeting. (2) The [Corporation]2 or any Committee, Special Committee, Joint Committee or sub-committee referred to in sub-section (1) may require any of the officers of the [Corporation]2 to attend any of its meetings or meeting at which any matter dealt with by such officer in the, course of his duties is being discussed and if any officer is required to attend at such meeting, he may be' called upon to make a statement or explanation. of facts or supply such I information in his possession relating to any matter dealt with by him as the [Corporation]2, or any Committee, Special Committee, Joint Committee or sub-committee, as the case may be, may require. (3) Any officer specially authorized by the State Government in this behalf shall be entitled to attend the meeting of the [Corporation]2 and to address it on any matter affecting his department or in respect of which he has special knowledge. (4) The [Corporation]2 may request the State Government to direct the Head of any Government department or any other officer of that department to attend a meeting of the [Corporation]2.

102- The meeting of the, [Corporation]1, the Executive-Committee, [the Development Committee, the Wards Committees]2 and all other Committees and sub-committees shall be held and the business before them conducted and disposed of in the manner prescribed by bye-laws made by the [Corporation]1.

103- (1) Subject to and consistent with the provisions of this Act, the [Corporation]1 may make bye-laws for regulating the holding of and the conduct of business at its meeting and the meetings of Executive, Committee, [the Development Committee, the Wards Committees]2 Committees constituted under section 5, Special Committees, Joint Committees and sub committees. (2) Without prejudice to the generality of powers conferred under sub-section (1) the bye-laws may provide for:-- (i) the time and place of meetings of the [Corporation]1, committees and sub-committees; (ii) the manner in which notice of such meetings shall be given; (iii) the management and adjournment of such meetings, and the regulation of orderly conduct of business thereat, including the withdrawal or suspension of members guilty of disorderly conduct; (iv) the procedure at meetings of the [Corporation]1, committees and sub-committees; (v) the minute book and keeping of record of proceedings of [Corporation]1, Committees and sub-committees; (vi) inspection of minutes and report of proceedings and supply of copies thereof to members and other persons on payment of fee or otherwise; (vii) constitution of Committees and sub-committees; (viii) appeal from decisions of sub-committees to the Committee appointing it; (ix) Conditions attaching to the right to ask questions and the answering of such questions. (3) The bye-laws made under this section shall be subject to the provisions of sections 542, 543, 544, 546, 547 and 549.

104- (1) No act or proceeding of the [Corporation]1 or of any Committee or sub-committee appointed under this Act shall be invalid or be questioned on account of any vacancy in its body. (2) No disqualification of, or defect in, the .election or appointment of any person acting as a Sabhasad [x x x]1 or as Nagar Pramukh or Upa Nagar Pramukh or Presiding Officer of the [Corporation]2 or as Chairman or Vice-Chairman or member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate any act or proceeding of the [Corporation]2 or of any such Committee or sub-committee, as the case may be, in which such person has taken part, provided, the majority of the persons who were parties to such act or proceedings were entitled to act. (3) Until the contrary is proved, every meeting of the [Corporation]2 or of a Committee or sub-committee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act or the bye-laws shall be deemed to have been duly convened and held, and. all the members of the meeting shall be deemed to have been duly qualified; and where the proceeding are proceedings of a Committee or-sub-committee, sub-committee or sub-committee shall be deemed to have been drily constituted and to have had power to deal with the matters referred to in the minutes.

105- No act done or proceeding taken under this Act shall be called in question in any court on the ground merely of any defect or, irregularity in procedure not affecting the substance.

106- (1) Subject to such conditions as may be prescribed a [Corporation]2 may from time to time create one or more of the following posts, as it may consider necessary, in connexion with its affiairs; namely,- (i) Upa Nagar Adhikari; (ii) Sahayak Nagar Adhikari ; [(iii) Mukhya Abhiyanta ;]3 (iv) Nagar Swasthya Adhikari ; (v) Mukhya Nagar Lekha Parikshak ; and (vi) other posts of officers, staff and other servants necessary for the efficient discharge of its functions: Provided that where the State Government orders to the effect that the [Corporation]2 do create a post, it shall be obligatory for the [Corporation]2 to create such post: Provided further that a post created under the firs, proviso shall not be abolished without the sanction of the State Government. (2) The qualifications of persons to be appointed to posts created under sub-section (1) shall be such as may be prescribed by the State Government.

107. (1) [Appointments to the posts of Upa Nagar Adhikari, Sahayak Nagar Adhikari, [Mukhya Abhiyanta, Nagar Swasthya Adhikari, Mukhya Nagar Lekha Parikshak and to other posts as the State Government may specify, [shall be made by the Nagar Pramukh]8]6 after consultation with the State public Service Commission in the manner prescribed and riot otherwise.]3 Provided that the appointment of Nagar Swasthya Adhikari shall preferably be made out of officers of the Public Health Department of the State Government whom the State Government may be agreeable to send on deputation and in such case consultation with the Public Service Commission shall not be necessary . (2) [[Appointments to the posts not included in the posts referred to in sub-section (1)]7 shall be made after consultation with the State public Service Commission in the manner prescribed and not otherwise.]4 The authority to appoint such officers and servants of the [Corporation]5 shall vest- (a) in respect of those officers and servants who are immediately subordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and (b) in respect of all other officers and servants, in the Mukhya Nagar Adhikari. (3) All other appointments except those specified in sub-sections (1), (2) and (5) shall be made in accordance with the recommendations of a Selection Committee constituted under sub-section (4) and the authority to make such appointments shall vest- (a) in respect of those officers and servants, who are immediately sub- ordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and (b) in respect of all other officers, and servants, in the Mukhya Nagar Adhikari. (4) The Selection Committee referred to in sub-section (3) shall consist of the Mukhya Nagar Adhikari or his nominee, [the Mukhya Nagar Lekha Parikshak]2 and the Head of the department for which the appointment is to be made. The Mukhya Nagar Adhikari and, in his absence the members designated by him for the purpose, shall be the Chairman of the Selection Committee : [Provided that the Committee referred to above which may be constituted in-connection with, the appointment of officers and servants immediately subordinate to the Mukhya Nagar Adhikari or the Mukhya Nagar Lekha Parikshak shall consist of the Mukhya Nagar Lekha Parikshak as the case may be, as Chairman and two other officers of the [Corporation]5, who shall be nominated by the Executive Committee as members.]1 (5) Appointments to posts in the engineering, [public-health and other departments of the [Corporation]3 carrying Scales of pay lower than the scales of pay of the posts referred to in sub-section (3)]4 shall be made by the Heads of the departments concerned specified under section 112 subject however to any bye-laws made by the [Corporation]3 in this behalf. (6) In the case of any difference of opinion between the appointing authority and the State Public Service Commission a reference shall be made by the Mukhya Nagar Adhikari to the State Government whose decision shall be final.

108. Notwithstanding anything contained in section 107 officiating and temporary appointments to posts mentioned in sub-sections (1), (2) and (3) of the said section may be made by the appointing authorities specified in those sub-sections, without consulting the State Public Service Commission or obtaining the recommendation of the selection Committee but to such appointment nor shall be made where it is expected to last for more than a year, without consulting the State Public Service Commission or otherwise than in accordance with the recommendation of the Selection Committee, as the case may be.

[108-A Notwithstanding anything in sections 107 and 108,- (a) the appointment of a, teacher in any college, affiliated to any University as defined in the Uttar Pradesh State Universities Act 1973 and- maintained by a [Municipal Corporation]3 shall be made in accordance with the provisions of that Act, and (b) the appointment of a teacher or Head of an institution recognised in accordance with the Intermediate Education Act, 1921, and maintained ·by a [Municipal Corporation]3 shall be made in accordance with the provisions of that Act.]1

109- The emoluments and other conditions of service of officers, staff and other servants of the [Corporation]3 shall be such as may be prescribed by the State Governmen

110- [(1) No officer or servant of the [Corporation]3 shall be dismissed or removed or otherwise punished by an authority subordinate to that by which he was appointed: Provided that in the case of an officer or servant whose appointment is required to be made in consultation with the State Public Service Commission under section 107, it shall be necessary for the authority concerned to consult the Commission in the manner prescribed, before passing an order for the dismissal removal or reduction in rank of any such officer or servant.]2 (2) Punishment of officers and servants of the [Corporation]3 shall be subject to such right of appeal as may be prescribed.

111- Where any authority specified in section 107 fails within a reasonable time to make appointment to any post specified in section 106 or created there under the State Government may after giving the authority due opportunity and consulting the State Public Service Commission, if necessary, male appointment thereto and such appointment shall then be deemed for all purposes to have been made by the authority concerned.

112- (1) [The Apar Mukhya Nagar Adhikari, Upa Nagar Adhikari]5 and Sahayak Nagar Adhikari shall, subject to the control of the Mukhya Nagar Adhikari, exercise such powers and perform such duties of the Mukhya Nagar Adhikari as the Mukhya Nagar Adhikari may specify in this behalf. (2) All acts done and jurisdictions exercised by [the Apar Mukhya Nagar Adhikari or]6 the Upa Nagar Adhikari or the Sahayak Nagar Adhikari in pursuance of the powers delegated to him under sub-section (1) shall, for all purposes, be deemed to have been performed and done by the Mukhya Nagar Adhikari. (3) [The Mukhya Abhiyanta]7, the Nagar Swasthya Adhikari, the Mukhya Nagar Lekha Parikshak and such other officers as may be specified by the State Government shall be called the Heads of the Departments or the [Corporation]4 and shall perform such duties and shall exercise such powers as are imposed upon them by or under this Act or any other enactment for the time being in force.

[112-A (1) Notwithstanding anything contained in sections 106 to 110, the State Government may at any time by rules provide for the creation of one or more services of such officers and servants as the State Government may deem fit, common to the [Corporations]4 or to the [Corporations]4, [Nagar Panchayat, Municipal Council]8 and Jal Sansthans of the State, and prescribe the method of recruitment and conditions of service of persons appointed to any such service.]3 1[(2) When any such service is created, officers and servant serving on the posts included in the service as well as officers and servants performing the duties and functions of those posts under sub-clause (1) of clause (ee) of section 577 may, if found suitable, be absorbed in the service, provisionally or finally, and the services of others shall stand determined, ill the prescribed manner: [Provided that such absorption in the service shall not operate as a bar against holding or continuing to hold any disciplinary proceedings against a member of the service 10 respect of any act committed before the date of such absorption.]2 (3) Without prejudice to the generality of the provisions of sub- sections (I) and (2) such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-section.]1 [(4) Notwithstanding anything contained in the preceding sub- sections (1), (2) and (3) or in an other provision of the Act, the State Government may by rules also provide for regularisation of temporary and adhoc appointments, made before the prescribed date, without consolation with the State Public Service Commission.]1 [Explanation—For the purposes of this sub-section it is clarified that services common to Nagar Panchayats and Munnicipal Councils or Nagar Panchayats, Municipal Councils, Municipal Corporations and Jal Sansthan in the districts comprised in the kumaun and Garhwal divisions of the State may be created.]3

112-B The following services of the [Corporation]2 shall be the essential services, namely- (a) medical and public health services; (b) water works and mechanical engineering services; (c) sweepers; (d) staff of the lighting department; (e) transport services; and (f) such other services as may be specified in the rules.

112-C No member of an essential service shall- (a) resign his office or withdraw or absent himself from the duties thereof, except- (i) after obtaining written permission from the Mukhya Nagar Adhikari or any officer authorised by him in this behalf; or (ii) in the event of illness or accident disabling him from the discharge of his duties or for such other reasons as the Mukhya Nagar Adhikari or other officer authorised by him in this behalf may consider sufficient; or (iii) after giving three months notice in writing to the Mukhya Nagar Adhikari; or (b) neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Mukhya Nagar Adhikari or such other officer, as aforesaid, is inefficient.

112-D (1) If the State Government is of the opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or to the maintenance of services essential to the life of the community in the city it may, by notification in the official Gazette, declare that an emergency exists in the City and specify the period for which such declaration shall be in operation. (2) While a declaration of emergency under sub-section (1) is in operation no member of such of the essential services as may be specified in the notification shall, notwithstanding any law or agreement to the contrary for the time being in force- (a) withdraw or absent himself from his duties except in the event of illness or accident disabling him from the discharge of his duties; or (b) Neglect or refuse to perform his duties or wilfully perform them in a manner which in the opinion of such officer as the State Government may specify in this behalf is inefficient.]1

113- (1) The State Government may make rules for the purposes of carrying into effect the provisions of this chapter. (2) Without prejudice to the generality of the foregoing powers such rules may provide for :- (a) the method of recruitment, and qualification of persons to be appointed, to the posts created in connexion with the affairs of the [Corporation]5 ; (b) the designation and grade of posts of officers, staff and other servants created under clause (vi) of sub-section (1) of section 106; (c) the appointment of persons in temporary or officiating capacity; (d) the salaries emoluments and other allowances of persons appointed to the aforesaid posts; (e) the leave, punishment, including dismissal and removal, appeal and other disciplinary matters and other conditions of service of the officers, staff and other servants of the [Corporation]5 ; [xxx]2 (f) specification of officers as Head of department of the [Corporation]5 [; and]3 [(g) the creation of municipal services under section 112-A and recruitment thereto, absorption of existing officers and servants therein, and transfer, leave, punishment, including dismissal and removal, appeal and other disciplinary matters and other conditions of service of such officers and servants.]4

114- It shall be incumbent on the [Corporation]1 to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely- (i) erection, where there are no natural boundary marks, of substantial boundary marks of such description and in such a position as shall be approved by the State Government defining the limits or any alteration in the limits of the City; (ii) the naming or numbering of streets and of public places vesting in the [Corporation]1 and the numbering of premises; (iii) the collection and, removal of se wage, offensive matter and rubbish and treatment and disposal thereof including establishing and maintaining farm or factory; (iv) the watering, scavenging and cleansing of all public streets and places in the City and the removal of all sweepings there from; (v) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, waterclosets, urinals and similar conveniences; (vi) supplying, constructing and maintaining, in accordance with the general system approved by the [Corporation]1 receptacles, fittings pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the [Corporation]1; (vii) the management and maintenance of all [Corporation]1 waterworks and the construction or acquisition of new works necessary for a sufficient supply of water [for domestic, industrial and commercial purposes]2; (viii) guarding from pollution water used for human consumption and preventing polluted water from being so used; (ix) the lighting of public streets, [Corporation]1 markets and public buildings and other public places vested in the [Corporation]1; [(ix-a) the construction and maintenance of parking plots, bus-stops and public conveniences;]3 (x) the establishment, maintenance or support of public hospitals and dispensaries including hospitals for the insolation and treatment of persons suffering or suspected to be infected with a contagious or infectious disease and carrying out other measures necessary for public medical relief; (xi) preventing and checking the spread of contagious, infectious and dangerous disease's; (xii) provision for anti-rabic treatment; (xiii) maintenance of ambulance service; (xiv) establishing and maintaining a system of public vaccination; (xv) the registration of vital statistics including births and deaths; [(xvi) establishing, maintaining and assisting maternity centres and child welfare and birth control clinics and promoting population control, family welfare and small family norms;]2 (xvii) the organization, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or adulteration or for researches connected with public health; (xviii) the reclamation of unhealthy localities, the removal of noxious. vegetation and generally the abatement of all nuisances; (xix) the regulation and abatement of offensive, and dangerous trades, callings or practices including prostitution ; (xx) the maintenance, fixing and regulation of places for the disposal of the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies or aiding within its means any arrangement made with the same objects by any other institution ; (xxi) the construction and maintenance of public markets and slaughter-houses [tannerties]3 and the regulation of all markets and slaughter houses; (xxii) the securing or removal of dangerous buildings and places; (xxiii) maintaining hydrants and rendering such assistance, including the maintaining or managing of a fire brigade in extinguishing fires and protecting life and property when fires occur, as the State Government may by general or special order direct from time to time; (xxiv) the removal of obstructions and projections in or upon streets, bridges and other public places; (xxv) establishing, maintaining, aiding and suitably accommodating schools for primary education including nursery education; (xxvi) establishing and maintaining or granting aid to institutions of physical culture; (xxvii) maintaining or contributing to the maintenance of veterinary hospitals; (xxviii) the construction or acquisition and maintenance of cattle- pounds; (xxix) the construction, maintenance, alteration and improvement of public streets, bridges, subways culverts, causeways and the like. (xxx) planting and maintaining trees on road sides and other public places; (xxxi) regulation of traffic and provision of traffic signs; (xxxii) assisting by constructing and maintaining residential quarters, by giving loans in the proper housing of [Corporation]1 conservancy staff and all sections of working classes; (xxxiii) town planning and improvement including slum clearance and preparation and execution of housing schemes and laying out of new streets; [(xxxiii-a) promoting urban forestry and ecological aspects and protection of the environment;]2 (xxxiv) maintaining and developing the value of property vested in, or entrusted to the management of the [Corporation]1; [(xxxiv-a) safeguarding the interest of weaker sections of society including the handicapped and mentally retarded; (xxxiv-b) the promotion of cultural, educational and aesthetic aspects; (xxxiv-c) the construction and maintenance of cattle punds and prevention of cruelty to animals;]3 (xxxv) the maintenance of a [Corporation]1 office and of all public monuments and open space and other property, vesting in the [Corporation]1; (xxxvi) the issue of a Bulletin reporting proceedings or substance of proceeding of the [Corporation]1 and of its committees and, giving other information about the activities of the [Corporation]1; (xxxvii) prompt attention to official letters and preparation and submission of such return, statements and reports as the state Government requires the [Corporation]1 to submit, and, (xxxviii) fulfillment of any obligation imposed by or under the Act or any other law for the time being in force; [(xxxix) slum improvement and upgradation; (xl) urban proverty alleviation; (xli) providing urban amenities and facilities such as parks,, gardens and play-grounds.]4

115- The [Corporation]1 may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following, matters namely:- (i) the organization, maintenance or management of institutions including lunatic asylums, leper homes, orphanages and rescue homes for women, within or without the City for the care of persons who are infirm, sick or incurable; or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children; (ii) the provision of milk to expectant or nursing mothers or infants or school children; (iii) swimming pools, public wash houses, bathing places and other institutions designed for the improvement and construction of bathing ghats on river banks; (iv) dairies or farms within or .without the City for the supply, distribution and processing of milk or milk products for the benefit of the residents of the City; (v) the construction and maintenance in public streets or places of drinking fountains or drinking sheds or stand-posts for human beings and water-troughs for animals; (vi) encouraging music and other fine arts and providing music in public place or places of public resort; (vii) making grants to educational and cultural institutions situated with in and outside the City; (viii) the provision of [***]2 recreation grounds, installing statues and beautifying the City; (ix) the holding of exhibitions, athletics or games; (x) the regulation of lodging houses camping grounds and rest houses in the City; (xi) the construction establishment and maintenance of theatres, rest- houses and other public buildings; (xii) the organization or maintenance , in time of scarcity, of shops or stalls for the sale of necessaries of life; (xiii) the building or purchase and maintenance of dwellings for [Corporation]1 officers and servants; (xiv) the grant of loan for building purposes to [Corporation]1 servants on such terms and subject to such conditions as may be prescribed by the [Corporation]1; (xv) any other measures for the welfare of [Corporation]1 servants or any class of them; (xvi) with the State Government's previous sanction, the purchase of any undertaking for the supply of electrical energy or gas or the starting or subsidizing of any, such undertaking which may be in the general interest of the public; (xvii) with the State Government's previous sanction the construction, purchase, organization, maintenance or management of tramways, trackless trams or motor transport facilities for the conveyance of the public or goods within or without the City; (xviii) the furtherance of educational objects other than those mentioned in clause (xxv) of section 114 and making grants to educational institutions within or without the City; (xix) the establishment and maintenance or the aiding of libraries, museums and art galleries, botanical or zoological collections and the purchase or construction of buildings therefor; (xx) construction, establishment, maintenance or contribution to the maintenance of baths, bathing ghats, washing places, tanks, wells, dams and other works of public utility; (xxi) the construction or maintenance of infirmaries or hospitals for animals; (xxii) the destruction of birds or animals causing a nuisance or of vermin, and the confinement or destruction of , stray or ownerless dogs; (xxiii) contributions towards any public fund raised for the relief of human suffering within the City or for the public welfare; (xxiv) presentation of civic addresses and holding of civic receptions; (xxv) the acquisition and maintenance of grazing grounds and the establishment and maintenance of a breeding stud; (xxvi) grant of loans or other facilities to any person, society or, institution interested in the provision of dwellings or the execution of house scheme; (xxvii) the provision of poor relief; (xxviii) the-building or purchase and maintenance of gaushalas and of sanitary stables of horses, ponies or cattle used in hackney carriages or carts; (xxix) surveys of buildings or lands; (xxx) relief measures to meet any calamity affecting the public in the City; (xxxi) the adoption of any measure likely to promote the public safety, health or convenience than a measure specified in section 114 or in the other clauses of this section; (xxxii) subject to the provision in the budget, the making of a contribution towards any public ceremony or entertainment in the City; (xxxiii) the establishment and maintenance of tourist bureau; (xxxiv) the establishment and maintenance of a press and workshop for [Corporation]1 work as-also for undertaking private work on charges in spare time; (xxxv) making arrangement for preparation of compost manure from night soil and rubbish; (xxxvi) taking measures to promote trade and industry and establishing a [Corporation]1 bank; (xxxvii) establishing Labour Welfare Centres for its employee; and subsidizing the activities of any association, union or club of such employees by grant or loan for its general advancement; (xxxviii) organizing or contributing to municipal board unions; (xxxix) making provision for removal of social disabilities of scheduled castes and backward classes; (xl) taking measures for the control and relief of beggary; (xli) with the previous sanction of the State Government, the setting up and maintenance of a [Corporation]1 police force for taking over and discharging such police duties. and in .such manner as may be prescribed; (xlii) with the previous sanction of the State Government, the under taking of any commercial duty providing or promoting amenity or employment or removing unemployment; (xliii) the doing of anything whereupon expenditure is declared by the State Government or by the [Corporation]1 with the sanction of the State Government to be an appropriate charge on the [Corporation]1 fund: Provided that the State Government may in respect of any [Corporation]1 or all [Corporations]1 by notification in the official Gazelle declare any of the functions mentioned in this section to be a duty of the [Corporation]1 or all [Corporations]1 and thereupon the provisions of this Act shall apply thereto as if it had been a duty imposed by section 114.

116- (1) The respective functions of the several [Corporation]1 authorities shall be such as are specifically prescribed by or under this Act. (2) In the event of any doubt or dispute as to which [Corporation]1 authority any particular function belongs the Mukhya Nagar Adhikari may, and if the Nagar Pramukh so requires shall, refer the doubt or dispute to the State Government whose decision shall be final and not open to question in any court of law.

117- (1) Except as otherwise expressly provided in the Act, the [Corporation]1 administration of the City shall vest in the [Corporation]1. [(1-A) Except as otherwise expressly provided in this Act, every Ward Committee shall be vested, on behalf of the Corporation in relation to the area for which it has been constituted, with such powers and functions as may be prescribed by rules.]3 (2) Except as otherwise expressly provided in this Act the Executive Committee shall be vested, for and on behalf of the [Corporation]2, with the superintendence of the [Corporation]2 administration of the City. (3) The Development Committee shall perform the functions and have the powers mentioned in Chapter XIV. (4) The functions and powers of a Committee appointed under clause (e) of section 5 shall be such as may be assigned to it by the [Corporation]2 with the previous sanction of the State Government. (5) [Subject to the general control and direction of the Nagar Pramukh, and wherever it is hereinafter expressly so directed, to the sanction of the [Corporation]2]1 or of the Executive Committee, as the case may be, and subject to all other restrictions, limitations and conditions imposed by or under this Act, the executive power ,for the purposes of carrying out the provisions of this Act shall be vested in the Mukhya Nagar Adhikari who shall also perform all the duties and exercise all the powers specifically imposed or conferred on him. (6) Without prejudice to the generality of the provisions of sub-section (5), the Mukhya Nagar Adhikari shall also- (a) subject to the provisions of this Act and the rules made there-under, prescribe the duties of and exercise supervision and control over the acts and proceedings of all [Corporation]2 officers and servants other than the Mukhya Nagar Lekha Parikshak and the Mahapalika officers and servants immediately subordinate to him and dispose of all questions relating to, the service of the said officers and servants and privileges and allowances; (b) in any emergency take such immediate action for the service or safety of the public or the protection of the property of the [Corporation]2 as the emergency shall require notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the State Government: Provided that the Mukhya Nagar Adhikari shall report forthwith to the Executive Committee and to the [Corporation]2 the action taken by him and the reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action not already covered by a budget grant: Provided further that the Mukhya Nagar Adhikari shall not exercise his powers under this clause if the expenditure likely to be incurred over and above the budget grant in taking the particular action will--- (a) exceed Rs, 10,000 or where the Nagar Pramukh concurs in the taking of that action, Rs. 20,000; or (b) together with any expenditure over and above the budget grant already incurred under this clause in the financial year, exceed Rs.50,000, or, where the Nagar Pramukh concurs in the taking of that action, Rs. 1,00,000.

118- The Mukhya Nagar Lekha Parikshak shall- (a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the [Corporation]1 Fund as shall be required of him by the [Corporation] or by the Executive Committee ; (b) prescribe, subject to Such directions as the Executive Committee may from time to time give, the duties of the auditors, and assistant auditors, clerks and servants immediately subordinate to him; and (c) subject to the orders of the Executive Committee, exercise super-vision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and, subject to the rules dispose of all questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants.

119- (1) Subject to the other provisions of this Act arid the rules there under and subject to such conditions and restrictions as may be specified by the [Corporation]1-- (a) the [Corporation]1 may delegate to the Executive Committee or to the Mukhya Nagar Adhikari any of its functions' under this Act other than those specified in Part A of Schedule I ; (b) the Executive Committee may delegate to the Mukhya Nagar Adhikari any of its functions under this Act other than those specified in Part B of Schedule I; (c) the Development Committee may delegate to the Mukhya Nagar Adhikari any of its functions under the Act other than those specified in Part C of Schedule I; (d) the Mukhya Nagar Adhikari may delegate to any [Corporation]1 servant any of his functions other than those specified in Part D of Schedule-I : Provided that the State Government may from time to time by notification in the official Gazette declare any function specified in Part A, Part B, Part C or Part D of Schedule-I to be delegable or any function not specified therein to be, non-delegable and upon such declaration that function may be delegated or shall cease to be delegable, as the case may be, as if it were not specified in Schedule I or were specified therein. (2) Whenever there is delegation of functions by the Mukhya Nagar Adhikari, a copy of the order by which delegation is made shall be placed before the Executive Committee for information. (3) Notwithstanding the delegation by the Mukhya Nagar Adhikari of any function under the Act under this section, the Mukhya Nagar Adhikari shall continue to be responsible for the due performance of the function.

120- (1) Any powers, duties and functions conferred or imposed upon or vested in the [Corporation]1 by any other law for the time being in force shall, subject to the provisions of such law and to such restrictions, limitations and conditions as the [Corporation]1 may impose, be exercised, performed or discharged by the Mukhya Nagar Adhikari. (2) The Mukhya Nagar Adhikari may, subject to any rules in that behalf, by order in writing of which a copy shall be placed before the Executive Committee for information empower any [Corporation]1 Officer other than the Mukhya Nagar Lekha Parikshak to exercise, perform or discharge any such power, duty or function under the control of the Mukhya Nagar Adhikari and subject to his revision and to such conditions and limitations, if any, as he may think fit to impose.

121- The [Corporation]1 may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and call for a return statement, account or report concerning or connected with any matter with which any such Committee or sub-committee as is empowered by or under this Act to deal, and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.

122- (1) The [Corporation]1 or the Executive Committee may at any time require the Mukhya Nagar Adhikari- (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Mukhya Nagar Adhikari or which is recorded on files in his office or in the office of any [Corporation]1 officer or servant subordinate to him; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal administration of the City; (c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal administration of the City. (2) The Mukhya Nagar Adhikari shall comply with every such requisition unless in his opinion immediate compliance therewith would, be prejudicial to the interest of the [Corporation]1 or of the public, in which case he shall make a declaration in writing to that effect and shall if required by the [Corporation]1 or the Executive Committee refer the question to the Nagar Pramukh whose decision shall be final.

123- The exercise by any [Corporation]1 authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except where it is expressly provided otherwise by or under this Act, be subject to the conditions that- (a) such expenditure, so far as it is to be incurred in the financial year in which such power is exercised or duty performed, is provided for under a budget grant, and (b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said financial year, the sanction of the [Corporation]1 is taken before the liability for such expenditure is incurred.

124- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power such rules may provide for- (a) the manner of approval of the description and position of boundary marks under clause (i) of section 114; (b) the manner and the procedure relating to the discharge of duties or fulfillment of obligations referred to in sections 114 and 115, in cases for which no specific provision has been, made in the Act; (c) the procedure relating to the exercise of powers of superintendence by the Executive Committee of the municipal administration of the City; (d) the manner in which the executive powers shall be exercised by the Mukhya Nagar Adhikari; (e) the matters relating to the duties, supervision and control of the [Municipal Corporation]2 Officers and servants referred to in clause (a) of sub- section (6) of section 117; (f) the decision of doubts and disputes about functions of officers and servants subordinate to the Mukhya Nagar Adhikari; (g) the matters relating to the delegation of powers of the Mukhya Nagar Adhikari to any other officer under section 119 and sub-section (2) of section 120 ; (h) the procedure relating to the delegation of his powers by the Mukhya Nagar Adhikari under sub-section (2) of section 120; (i) the manner in which requisition for production of extracts from proceedings or other documents or papers, etc. shall be made under sections 121 and 122; (j) the procedure relating to the compliance of such requisition; (k) the manner in which the question regarding production of documents or other papers under sub-section (I) of section 122 shall be referred to the Nagar Pramukh for final decision; (l) the manner in which declaration of the Mukhya Nagar Adhikari under sub-section (2) of section 122 shall be communicated to the [Corporation]; (m) the guidance generally of the [Corporation] or the Mukhya Nagar Adhikari in any matter connected with the discharge of their duties or performance of their functions or exercise of their powers under this Chapter, and (n) The matters which are to be or may be prescribed under this Chapter.

125- (1) The [Corporation]2 shall, for purposes of this Act, have power to acquire, hold and dispose of property or any interest therein whether within or without the limits of the City. (2) All property and interests in property acquired by the [Corporation]2 shall vest in the [Corporation]2 for the purposes of this Act and subject to its provisions. (3) Any immovable property which may be transferred to the [Corporation]2 by the Government shall be held by it, subject to such conditions including resumption by the Government on the occurrence of a specified contingency and shall be applied to such purposes as the Government may impose or specify while making the transfer.

126- (1) As from the appointed day [and subject to any directions of the State Government in this behalf --]1 (a) all property, interests in property and assets including cash balances, wherever situate which immediately before such day were vested in any [Municipal Council]4, Improvement Trust or other local authority established for the area included in the City or any part of such area or in any local authority having jurisdiction both within and outside such area shall [xxx]1 vest in and be held by the [Corporation]3 of such City, for the. purposes of this Act, and (b) all rights, liabilities and obligations of the aforesaid [Municipal Council]4 Improvement Trust or other local authority [in relation to the area included in the city]2 whether arising out of any contract or otherwise, existing immediately before such day shall be the rights, liabilities and obligations of such [Corporation]3. (2) Where any doubt, or dispute arises as to whether any property, interest or asset has vested in a [Corporation]3 under sub-section (1) or any rights, liabilities or obligations have become the rights, liabilities or obligations of a [Corporation]3 such doubt or dispute shall be referred by the Mukhya Nagar Adhikari to the State Government whose decision shall unless superseded by any decision of a court of law be final.

127- (1) All acquisitions of property shall be made by the Mukhya Nagar Adhikari on behalf of the [Corporation]3. (2) Wherever it is provided that the Mukhya Nagar Adhikari may acquire or wherever it is necessary or expedient for any purpose of this Act that the Mukhya Nagar Adhikari shall acquire any movable or immovable property within or without the City or any interest in such property, the same may be acquired by the Mukhya Nagar Adhikari, whether by agreement or otherwise: Provided that- (a) the Mukhya Nagar Adhikari shall be bound by any resolution of the Executive Committee fixing terms, rates or maximum prices for a -particular case or for any class of case ; (b) the sanction of the Executive Committee shall be required- (i) for the compulsory acquisition, of any property, (ii) for the exchange of any immovable property, (iii) for the-taking of any property on lease for a term exceeding twelve months, or (iv) for the acceptance of any gift or bequest of property burdened by an obligation, and (c) the sanction of the [Corporation]1 shall be required- (i) For the acceptance of acquisition of any immovable property. if the value of the property which it is, proposed to accept, acquire or give in exchange exceeds five thousand rupees, (ii) for the taking of any property on lease for a term, exceeding three years, or (iii) For the acceptance of any gift of bequest or property burdened by an obligation if the value of such property exceeds five thousand rupees.

128- The [Corporation]1 shall, for the purposes of this Act, and subject to the provisions thereof and rules made thereunder, have power to sell, let on hire, lease, exchange, mortgage, grant or otherwise dispose of any property or any interest therein acquired by or vested in the [Corporation]1 under this Act : Provided that no property transferred to the [Corporation]1 by the Government shall be sold, let on hire, exchanged or mortgaged or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the State Government.

129- With respect to the disposal of property belonging to the [Corporation]1 the following provisions shall have effect, namely :- (1) Every disposal of property belonging to the [Corporation]1 shall be made by the Mukhya Nagar Adhikari on behalf of the [Corporation]1. (2) The Mukhya Nagar Adhikari may, in his discretion, dispose of by sale, letting out on hire or otherwise, any movable property belonging to the [Corporation]1 not exceeding in value in each instance five hundred rupees or such higher amount as the [Corporation]1 may, with the approval of the State Government, from time to time determine, or grant a lease of any immovable property belonging to the [Corporation]1 including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time: Provided that the Mukhya Nagar Adhikari shall report to the Executive Committee every lease of immovable property within fifteen days of the grant thereof unless it is a contract for a monthly tenancy or the annual rent thereof does not exceed three thousand rupees. (3) The Mukhya Nagar Adhikari may with the sanction of the Executive Committee dispose of by sale, letting out on hire or otherwise any movable property belonging to the [Corporation]1, of which the value does not exceed five thousand rupees; and may with the like sanction grant a lease of any immovable property belonging to the [Corporation]1, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immovable property belonging to the [Corporation]1 the value or premium whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees. (4) The Mukhya Nagar Adhikari may, with the sanction of the [Corporation]2 lease, sell, let out on hire or otherwise convey any property movable or immovable, belonging to the [Corporation]2. [(5) Except as provided in sub-sections (5-A) and (5-B), no immovable property belonging to the [Corporation]2 shall be sold, leased or otherwise transferred for a sum less than the market-value thereof except in the case of sale, lease or other transfer of land- (a) to a statutory corporation, (b) to a person displaced from any land (not being land held or occupied for purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming) or building by reason of the compulsory acquisition thereof under this Adhiniyam and who does not own any land or building within the city, or (c) for an educational, cultural or other charitable purpose (not including the practice or propagation of any religion and not involving discrimination in respect of the beneficiaries on the ground of religion, caste or place of birth) to a society registered under the Societies Registration Act, 1860 : Provided that except in the case of a sale, lease or other transfer of land with the previous approval of the State Government, the value of any concession so granted shall not exceed- (i) in the case of a lease, one-half of the annual rental value; (ii) in the case of any other transfer, one half of the market value or ten thousand rupees whichever is less. Explanation-If any question arises as to the value of a proposed concession or as to whether the purpose of a proposed transfer is an educational, cultural or other charitable purpose as aforesaid the decision of the State Government shall be final. (5-A) A house built or a plot of land acquired by the [Corporation]2 from a loan granted by the Central Government or the State Government or any other authority be sold, leased or otherwise transferred by the [Corporation]2 in accordance with the terms and conditions of such loan. (5-B) Subject to any general or special order of the State Government in that behalf, a house or a house-site belonging to the [Corporation]2 may be sold, leased or otherwise transferred either free of cost or on such concessional terms as the [Corporation]2 thinks fit, in favour of any member of the armed foces of the Union in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 has issued a certificate that he has been disabled by enemy action or where .the said prescribed authority has certified that he has died by enemy action, then in favour of such of his heirs as were dependant on him at the time of his death.]1 (6) The sanction of the Executive Committee or of the [Corporation]2 under sub-section (3) or sub section (4), may be given either generally for any class of cases or specially in any particular case. (7) The aforesaid provisions of this section and the provisions of the rules shall apply to every disposal of property belonging to the [Corporation]2 made under or for any purposes of this Act.

[129-A The provisions of chapter VII of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, shall apply in relation to any premises belonging to or vesting in the [Corporation]2 or taken on lease by the [Corporation]2 for the purposes of this Act as they apply in relation to Board premises as defined in that Act and the references therein to the Board and matters prescribed under that Act shall respectively be construed as references to the [Corporation]2 and matters prescribed under this Act.]1

130- (1) Whenever the Mukhya Nagar Adhikari is unable under section 127 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the [Corporation]2 or whenever any immovable property or any easement affecting any immovable property vested in the [Corporation]2 is required for the purposes of this Act, the State, Government may; in its discretion, upon the application of the Mukhya Nagar Adhikari made with the approval of the Executive Committee arid subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the [Corporation]2, as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 or other law which may be applicable to the case. (2) Whenever an application is made under sub-section (1), for the acquisition of land for the purpose of providing a new Street or for widening or improving an existing street it shall be lawful for the Mukhya Nagar Adhikari to apply for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of buildings to be erected on either side of the street, and such additional land shall be deemed to be required for the purpose of this Act. (3) This section does not apply to the acquisition under Chapter XIV.

131- Subject to the provisions of this Act, the [Corporation]2 shall have power to enter into contracts which may be necessary or expedient under or for any purposes of this Act.

132- (1) All contracts referred to in section 131 including contracts relating to the acquisition and disposal of immovable property or any interest therein made in connexion with the affairs of the [Corporation]1 under this Act, shall be expressed to be made, for and on behalf of the [Corporation]1, and all such contracts and all assurances of property made in exercise of that power shall be executed, for and on behalf of the [Corporation]1, by the Mukhya Nagar Adhikari or by such other officer of the [Corporation]1 as may be authorized in writing by the Mukhya Nagar Adhikari either generally or for any particular case or class of cases. (2) No contract for any purpose, which in accordance with any provisions of this Act or any rules made thereunder the Mukhya Nagar Adhikari may not carry out without the sanction of one of the other [Corporation]1 authorities, shall be made by him unless such sanction has been given. (3) No contract involving an expenditure exceeding [one lakh]2 rupees and not exceeding [five lakh]2 rupees shall be made by the Mukhya Nagar Adhikari unless, it has been sanctioned by the Executive Committee. (4) No contract involving an expenditure exceeding [five lakh]3 rupees shall be made by the Mukhya Nagar Adhikari unless it has been sanctioned by the [Corporation]1. (5) Every contract made by the Mukhya Nagar Adhikari involving an expenditure exceeding [fifty thousand]4 rupees and not exceeding [one lakh]4 rupees shall be reported to the Executive Committee within fifteen days after it has been made. (6) The foregoing provisions of this section shall apply to every variation or discharge of a contract as well as to an original contract.

133- (1) Every contract entered into by the Mukhya Nagar Adhikari on behalf of the [Corporation]1 shall be entered into in such manner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or discharged: Provided that- (a) the common seal of the [Corporation]1 shall be affixed to every contract which, if made between private persons, would require to be under seal, and (b) every contract for the execution of any work or the supply of any materials or goods which in involve an expenditure exceeding two thousand and five hundred rupees shall be in writing, shall be sealed with the seal of the [Corporation]1 and shall specify-- (i) the work to be done or the materials or goods to be supplied, as the case may be; (ii) the price to be paid for such work, materials, or goods; and (iii) the time or times within which the contract or specified portion thereof shall be carried out. (2) The common seal of the [Corporation]3 shall remain in the custody of the Mukhya Nagar Adhikari and shall not be affixed to any contract or other instrument except in the presence of a Sabhasad [XXX]1 who shall attach his signature to the contract or instrument in token that the same was sealed in his presence. (3) The signature of the said Sabhasad [xxx]2 shall be distinct from the signature of any witness to the execution of such contract or instrument. (4) No contract exeuted otherwise than as provided in this section shall be binding on the [Corporation]3.

134- The [Corporation]3 may determine either generally for any class of cases or specially for any particular case whether the Mukhya Nagar Adhikari shall execute the work by a contract or otherwise.

[135- (1) The Mukhya Nagar Adhikari may sanction any estimate the amount of which does not exceed one lakh rupees: Provided that an estimate, the amount of which exceeds fifty thousand rupees, may be sanction by the Mukhya Nagar Adhikari only with the prior approval of the Nagar Pramukh. (2) The Executive Committee may sanction any estimate the amount of which does not exceed five lakh rupees.]4

136- (1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds [five lakh rupees]6 - (a) the Mukhya Nagar Adhikari shall cause a detailed report to be prepared including such estimates and drawings as may be requisite and forward the same to the Executive Committee who shall submit the same before the [Corporation]3 with its suggestions, if any; (b) the [Corporation]3 shall consider the report and the suggestions and may reject the project or may approve it either in its entirety or subject to modifications. (2) (a) Where the [Corporation]2 approves the project and the entire estimated cost exceeds [ten lakhs of rupees]1 the report, subject to any modifications as aforesaid, shall be submitted to the State Government. (b) The State Government may reject the project or may sanction it either in its entirety or subject to modifications. (c) The work shall not be commenced before the project has been sanctioned by the State Government with or without modifications. (d) No material changes in the project sanctioned as aforesaid shall be carried into effect without the sanction of the State Government. Explanation-In this section and in section 135, the expression "estimate" means the total estimate for the whole of a project including the whole of the series of transactions constituting the project.

[136-A Notwithstanding anything contained in this Act, every contract or estimate in respect of an urban development project sponsored by the Government of India or receiving aid from the Work Bank or any other foreign organization, shall be made or sanctioned in accordance with the scheme approved by the State Government: Provided that the meeting of the Corporation for sanction of funds for such urban development projects shall be convened and decision taken within one month from the date of approval of the project by the State Government: Provided further that if the meeting of the Corporation is not convened or decision is not taken within the time specified in the first proviso, the Corporation shall be deemed to have sanctioned the fund and if the sanction is refused or is accorded with modification, the matter shall be referred to the State Government and the decision of the State Government shall be final and binding on the Corporation and the Corporation shall be deemed to have sanctioned the fund accordingly. The Mukhya Nagar Adhikari may thereupon excecute the project, spend funds and ensure the completion of project within the stipulated time: Provided also that the Corporation shall undertake regular monitoring of the projects and shall send its report to the State Government.]3

137- A covenant concerning any immovable property for the purposes of this Act entered into with the [Corporation]2 by the owner of such property or by any person to whom such property of the [Corporation]2 has been transferred by sale or exchange shall be enforceable by the [Corporation]2 against any person deriving title under the covenant or notwithstanding that the [Corporation]2 is not in possession of, or interested in, any immovable proper to for the benefit of which the covenant was entered into, in the like mariner and to the like extent as if it had been possessed of or interested in such property.

138- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for- (a) the procedure for ascertaining the property and assets to be vested in the [Corporation]1 under clause (a) of, sub-section (1) of section 126; (b) the procedure for ascertaining the rights, liabilities and obligations of the [Corporation]1 under clause (b) of sub-section (l) of section 126; (c) the procedure in general for the purchase or acquisition of the property, for and on behalf of the [Corporation]1, or sale, lease, hire, exchange, grant or disposal of the property vested in or acquired by the [Corporation]1 ; (d) the terms and the rates at which any immovable property may be purchased or acquired by agreement for the [Corporation]1; (e) the payment of the expenses and the compensation awarded and other charges incurred for the compulsory acquisition of property for and on behalf of the [Corporation]1; (f) the procedure relating to entering into contracts; (g) the manner in 'which contracts may be, executed; (h) the security to be demanded for the due performance of' contracts; (i) the preparation and sanctioning of detailed plans and estimates for works and the calling, examination and acceptance of tenders; (j) the execution of works and conditions of sanction; (k) The matters which are to be or may be prescribed.

[138-A (1) The Finance Commission shall review the financial position of the [Corporation]1 and make recommendations to the Governor as to – (a) the principles which should govern— (i) the distribution between the State and the [Corporation]1 of the new proceeds of the taxs, duties, tolls and fees leviable by the State which may be divided between them and allocation of share or such proceeds to the [Corporation]1 ; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the [Corporation]1 ; (iii) the grants-in-aid to the [Corporation]2 from Consolidated Fund of the State; (b) the measures needed to improve the financial positin of the Corporation; (c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the Corporation. (2) Every recommendation of the Finance Commission made under sub-section (1) shall, together with an explanatory memorandum as to the action taken theron, be laid before both the Houses of the State Legislature.] 3

139. (1) There shall, be established a fund for each [Corporation]2, hereinafter called the [Corporation]2 Fund, and, subject to the provisions of this Act and the rules made thereunder there shall be placed at the, credit thereof all moneys received by or on behalf of the [Corporation]2 under this Act or any other law, or contract, including- (a) the proceeds of the property of the [Corporation]2; (b) the rents of the property of the [Corporation]2; (c) the proceeds of all taxes or fees and fines (other than fines imposed by a court), levied by or under this Act; (d) all moneys received by way of compensation or for compounding offences under the provisions of this Act; (e) all interests and profits arising from any investment of, or from any transaction in connexion with, any money belonging to the [Corporation]2; (f) all moneys received by or on behalf of the [Corporation]2 from the Government [including grants-in-aid from the Consolidated Fund of the State]4 or public bodies, private bodies or other persons by way of grant, gift or deposit, subject, however, to the conditions, if any, attached to such grant, gift or deposit. (2) All moneys payable to the credit of the [Corporation]2 Fund shall be received by the Mukhya Nagar Adhikari and shall forthwith be paid into the State Bank of India [or with the previous sanction of the State Government into the U. P. Co-operative Bank or such other scheduled bank or banks as the [Corporation]2 may appoint]1 to the credit of an account which shall be styled the account of the [Corporation]2 Fund of : Provided that the Mukhya Nagar Adhikari may, subject to any general or special directions issued by the Executive Committee, retain such balances in cash as may be necessary for current payments (3) The [Corporation]2 [shall constitute a Development Fund and]1 may also constitute such special funds as may be prescribed and such other funds as may be necessary for the purposes of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed.

[140- The moneys credited to the [Corporation]4 Fund from time to time shall, in the first place, be applied for payment of salaries and allowances of Safai Mazdoars and then in the following order of preference :]2 Firstly, in making due provision for the repayment of all loans payable by the [Corporation]4 under the provisions of Chapter VIII: Secondly, in discharge of all liabilities imposed on the [Corporation]4 by clause (b) of sub-section (1) of-section 126 : Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in sections ,114 and 115 and; for otherwise carrying this Act into effect, or of which the payment shall be duly sanctioned under any of the provisions of this Act inclusive of-- (a) the cost of auditing the [Corporation]4 accounts; (b) the expenses of every election held under' this Act; (c) the salaries, allowances and contributions to pensions and leave salaries of the Mukhya Nagar Adhikari and of any other officer whose services may at the -request of the [Corporation]4 be placed by the State Government at the disposal of the [Corporation]4 ; [(d) the salaries and allowances of [Corporation]4 officers and servants other than Safai Mazdoors, and all pensions, gratuities, contributions and compassionate allowances payable to all officers and servants of [Corporation]4 under the provisions of this Act ;]3 (e) the salaries and fees of experts for service or advice in connexion with any matter arising out of the administration or undertaking of the [Corporation]4 ; (f) all expenses and costs incurred by the, [Corporation]4 or by any [Corporation]4 officer on behalf of the [Corporation]4 in the exercise of any power conferred, or the discharge of any duty imposed on it or them by this Act, including moneys which the [Corporation]4 is required or empowered to pay by way of compensation; (g) every sum payable- (i) by order of the State Government or under an, award made under the Arbitration Act, 1940, or a decree or order of a civil court, as the case may be ; (ii) under a decree or order of a civil or criminal court passed against the Mukhya Nagar Adhikari ; (iii) under a compromise of any suit or other legal proceeding or claim; (h) Contriutions to public institutions which the State Government may, after consulting the [Corporation]3, declare to be in the interest of the inhabitants of the City. [Explanation-For the purposes of this section, a person shall be deemed to be a Safai Mazdoor if he is employed by [Corporation]3 for the the purposes of sweeping and cleaning of, [Corporation]3 roads, lanes, path- ways, drains, sewers, latrines and urinals, carrying of dead animals and refuge and for other jobs of the like nature.]2

[140-A No expenditure from the [Corporation]3 fund shall be incurred without the prior sanction in writing of the Director for the purpose of defraying the costs of any proceeding instituted or commenced in any court of law by or on behalf of any [Municipal Corporation]3 or the Nagar Pramukh or any authority thereof in respect of any order made or purporting to have been made by the State Government under section 83, section 84, section 534, section 535, [section 537 or section 538]4.]1

141- (1) On the written requisition of the State Government, or the Prescribed Authority the Mukhya, Nagar Adhikari may at any time undertake the execution or any work certified by the State Government or such authority, as the case may be, to be urgently required for a work, of public utility and for this purpose may make payments from the [Corporation]3 Fund so far as the same can be made without unduly interfering with the regular working of the [Corporation]3 administration. (2) On receipt of requisition under sub-section (1) the Mukhya Nagar Adhikari shall forth with forward a copy there of to the [Corporation]3 together with a report of the action taken by him thereon for its information. (3) The cost of all work executed under sub-section (1) and of the establishment engaged in executing the same shall be paid by the State Government and credited to the [Corporation]3 Fund.

142- (1) The account of the receipt and expenditure of the [Corporation]3 shall be maintained in such manner as may be prescribed. (2) The Mukhya Nagar Lekha Parikshak shall conduct a monthly examination and audit of the [Corporation]1 accounts and shall within a month report thereon to the Executive Committee who shall publish monthly an abstract of the receipts and expenditure of the .month last preceding, signed by not less than two members of that committee and by the Mukhya Nagar Lekha Parikshak. (3) The Executive Committee may also from time to time and for such period as they think fit conduct independently an examination and audit of the [Corporation]1 accounts.

143- The State Government may at any time direct special examination and audit of [Corporation]1 accounts for such period as they think fit by auditors appointed by the State Government in that behalf and a report of such examination and audit shall be submitted by the said auditors to the State Government.

144- (1) For the purposes of examination and audit of accounts under section 142 or 143 the Mukhya Nagar Lekha Parikshak and the auditors appointed under section 143 shall have access to all the [Corporation]1 accounts and to all records and correspondence relating thereto and the Mukhya Nagar Adhikari shall forthwith furnish to the said auditors or to the Executive Committee any explanation- concerning receipts and disposal which they may call for. (2) All charges, fees and expenses necessary for the examination and audit of accounts under these sections shall be paid by the [Corporation]1.

145- (1) The Mukhya Nagar Adhikari shall, as soon as may be after the first day-of April in each year, have prepared a detailed report of the [Corporation]1 administration of the, City during the previous official year, together with a statement showing the accounts of the receipts and disbursements credited and debited to the [Corporation]1 Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Executive Committee. (2) The report shall be in such form and shall contain such information as the Executive Committee may from time to time direct. (3) The Executive Committee shall then examine the report and the statement, and a copy of the said statement together with a copy of the Committee's review shall be forwarded to the Slate Government and to each member and copies, thereof shall also be placed on sale at the [Corporation]1 office.

146- (1) The Mukhya Nagar Adhikari shall on or before the tenth day of December each year in the case of indebted [Corporations]1 and tenth day of January each year in the case of other [Corporations]1 cause to be prepared and laid before the Executive Committee in such form as, may be prescribed and in such manner as the Executive Committee may approve budget estimates of the income and expenditure of the [Corporation]1 Fund for the next financial year. (2) Such estimates shall- (a) take into account loans and grants from Government; (b) provide for the repayment of all loans including loans taken from Government with interest due thereon for the repayment of which the [Corporation]1 is liable; (c) provide for the discharge of liabilities imposed on the [Corporation]1 by clause (b) of sub, section (1) of section 126; (d) provide for payment in convenient installments or lump sum from the [Corporation]1 Fund of an amount equal to the grant assigned for education; (e) allow for a cash balance at the end of the said year of not less than such sum as may be prescribed by the State Government; (f) Provide for a sum of money not exceeding five thousand rupees to be spent by the Nagar Pramukh in his discretion on anyone or more of the matters specified in section 114 or 115. (3) The Executive Committee shall, on or as soon as may be after the tenth day of December or January, as the case may be, consider the budget estimates prepared by the Mukhya Nagar Adhikari and make such modifications thereto as it shall think fit and submit the same to the [Corporation]1 not later than the fifteenth day of January following in the, case of indebted [Corporations]1 and the fifteenth day of February in other cases. (4) The [Corporation]1 shall finally adopt the budget estimates before March 1, if it is an indebted [Corporation]1 and before the beginning of the year to which they relate, if it is not an indebted [Corporation]1 and shall forthwith submit copies thereof to the State Government: Provided that if for any reason the [Corporation]1 has not finally adopted the budget estimates before the commencement of the financial year to which they relate, the budget estimates as prepared by the Mukhya Nagar Adhikari or if the Executive Committee has submitted budget estimates under sub-section (3), such budget estimates shall be deemed to be the budget estimates for that year until action has been taken by the [Corporation]1: Provided further that in the case of an indebted [Corporation]1 the adoption of budget estimates under this sub-section shall be subject to confirmation by the State Government.

147- As soon as may be after the first day of September if it is an indebted [Corporation]1 and the first day of October if it is not an indebted [Corporation]1 revised budget estimates for the year shall be adopted by the [Corporation]1 and the revised estimates shall, as far as may be, but subject to the modifications mentioned herein, be subject to all the provisions of section 146. Modifications:-- (i) In sub sections (I) and (3) of section 146 for "tenth day of December” and tenth day of January", "tenth day of August" and tenth day of September" shall respectively be deemed to be substituted ; (ii) In sub section (3) of section 146 for "fifteenth day of January" and "fifteenth day of February", "fifteenth day of August" and "fifteenth day of September" shall respectively be deemed to be substituted, and (iii) For the first proviso at the end of the section the following proviso shall be deemed to be substituted: Provided that as long as the [Corporation]1 has not adopted the revised budget estimates the budget estimates in force under the provisions of this Act on the first day of October of the year in question shall subject to the provisions of sections 149 and 151 remain the budget estimates for the year.

148- The [Corporation]1 shall on or before February 15 if it is an indebted [Corporation]1 but on or before March 15 otherwise, after considering the proposal of the Executive Committee, determine, subject to the limitations and conditions prescribed in Chapter IX the rates at which [Corporation]1 taxes referred to in sub-section (1) of the section 172 shall be levied in the next ensuing financial year.

149- (1) On the recommendation of the Executive Committee (the [Corporation]1 may, from time to time during a financial year, increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year exclusive of the balance, if any, of any special fund shall be reduced below the amount prescribed under clause (e) of, sub-section (2) of section 146 or such higher amount as may have been fixed for the time being in this behalf by the [Corporation]1 in the case of either the [Corporation]1 Fund or other special funds. (2) Such increased or additional budget grants shall be deemed to be included in the budget estimates approved by the [Corporation]1 for the year in which they are made. (3) Reductions in and transfers from one budget head to another or within a budget head shall be made in accordance with the rules by the Executive Committee.

150- Except as may be provided by rules in this behalf, no expenditure shall be incurred or payment made of any sum out of the [Corporation]1 Fund unless the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made in accordance with the provisions of sub-section (3) of section 149 :

151- The [Corporation]1 may vary or alter from time, to time as circumstances may render desirable, the budget estimates adopted under section 146 or section 147 : Provided that in the case of an indebted [Corporation]1 every variation or alteration under this section shall be subject to confirmation by the State Government.

152- Where in the opinion of the State Government the condition of indebtedness of any [Corporation]4 is such as to make the control of the State Government over its budget desirable the State Government may by order notified in the official Gazette declare that such is the case and such [Corporation]4 shall for the purposes of this Act be deemed to be an indebted [Corporation]4.

[152-A (1) The Nagar Pramukh, Upa Nagar Pramukh, and every member, officer and servant of the [Corporation]4 shall be liable to surcharge for the loss, waste or misapplication of any money or property of the [Corporation]4, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such Nagar Pramukh, Upa Nagar Pramukh, member, officer or servant. (2) The procedure of surcharge and the manner of recovery of the amount involved in loss, waste or misapplication shall be such as may be prescribed by rules. (3) Where no surcharge proceedings are taken the Mabapalika may with the previous sanction of the State Government institute a suit for compensation against such Nagar Pramukh, Upa Nagar Pramukh, member, officer or servant.]1

153- The State Government may make rules to carry out all or any of the purposes of this Chapter, and in particularly without, affecting the, generality of the power conferred hereby, make rules for the following purposes- , (a) receiving of payment of the Mukhya Nagar Adhikari to the account of the [Corporation]4 Fund and lodging, of the money received in a bank or banks; (b) operation of the funds of the [Corporation]4 ; (c) deposit of portion of [Corporation]4 Fund with bank or agency outside the City; (d) investment or surplus moneys; (e) the account to be kept by the [Corporation]4, the manner in which accounts shall be audited and published [,]2 the power of auditors in respect of disallowance and surcharge [and the manner in which surcharge proceedings will be undertaken;]3 (f) reductions in or transfers 'from one budget head to another or without a budget head; (g) preparation of annual administration report and statement of accounts; (h) Manner of keeping of [Corporation]4 accounts.

154- (1) The, [Corporation]1 may, with the previous sanction of the State Government and subject to the provisions of section 31 of the Reserve Bank of India Act, 1934 from time to time, borrow or re-borrow and take up at interest by the issue of debentures or otherwise on the security of any immovable property vested in the [Corporation]1 or proposed to be acquired by it under this Act or of ,all or any taxes, duties, tolls, cesses, fees and dues which it is authorized to levy for the purposes of this Act, or of all or any of those securities, any sum necessary for the "purpose of- (a) defraying any costs, charges or expenses; incurred by, it in the execution of this Act ; (b) For discharging any loan contracted under' this Act or any other loan or debt for the repayment of. which the [Corporation]1 is liable ; (c) generally for carrying out the purposes of this Act, including the advance of lonas authorized thereunder: Provided that- (i) No loan shall be raised for the execution of any work other than a permanent work which expression shall include any work of which the cost should, in the opinion of the State Government, be spread over a term of years; (ii) no loan shall: be raised unless the State Government has approved the purpose and amount of the loan, the rate of interest and other terms thereof including the date of flotation and the period and method of repayment; (iii) The period within which the loan is to be repaid shall in no case exceed thirty years. (2) When any sum of money has been borrowed or re-borrowed under sub section (1)- (a) no portion thereof shall without the previous sanction of the State Government, be applied to any purpose other than that for which it was borrowed; and (b) no portion of any sum of money borrowed or re-borrowed for the execution of any work shall be applied to the payment of salaries or allowances of any [Corporation]1 officer or servant other than those who are exclusively employed upon the work for the construction of which the money was borrowed, or for meeting expenditure of recurring nature: Provided that such share of the cost on account of the salaries and allowances of [Corporation]1 officers or servants employed in part upon the preparation of plans and estimates or the construction or supervision of or upon the maintenance of the accounts of such work as the Executive Committee may fix, may be paid out of the sum so borrowed or re-borrowed.

155- Notwithstanding anything contained in section 154 but subject to the provisions of section 31 of the Reserve Bank of India Act, 1934 the [Corporation]1 may borrow for the purposes of this Act from any bank or banks in which the surplus moneys at the credit of the [Corporation]1 Fund may be deposited, against any public securities in which for the time being the cash balance for the [Corporation]1 may be invested; Provided that in the case of an indebted [Corporation]1, borrowing under this section shall be made with the previous approval of the State' Government.

156- (1) Every loan raised under section 154 shall be paid within the time approved therefor under the said section and by such of the following methods as may be approved under the said provision, namely- (a) by payment from a sinking fund established under section 157 in respect of the loan; (b) by equal payments of principal and interest ; (c) from any sum borrowed for the purpose under clause (b) of sub-section (1) of section 154; (d) partly from a sinking fund, established under section 157 in respect of the loan and partly from money borrowed for the purpose under clause (b) of sub-section (1) of section 154; (e) By such other method including drawings as the State Government may specify. (2) In the case of a loan borrowed before the appointed day, repayment shall normally be made by the method which was in operation for the repayment of such loan or if there was no such method, by any of the methods specified in sub-section (1).

157- (1) Whenever the repayment of a loan from a sinking fund has been sanctioned under proviso (ii) to sub-section (1) of section 154, the [Corporation]1 shall establish such a fund and shall pay into it, on such dates as may have been approved under the said proviso such sum as will, with accumulations of compound interest, be sufficient after payment of all expenses to payoff the loan within the period approved; Provided that if at any time the sum standing to the, credit of the sinking fund established for the repayment of any loan is of such amount that, if allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then, with the permission of the State Government further payments into such fund may be discontinued. (2) The [Corporation]1 may apply a sinking fund, or any part thereof, in or towards the discharge of the loan for which such fund is established, and, until such loan or part is wholly discharged, shall not apply the same for any other purpose.

158- (1) All moneys paid into a sinking fund shall, as soon as possible, be invested by the [Corporation]1 in the name of the Mukhya Nagar Adhikari- (a) in Government securities, or (b) in securities guaranteed by Government, or (c) in debentures of the [Corporation]1; and shall be held by the [Corporation]1, for the purpose of repaying from time to time the, debentures issued by it: (2) All dividends, interest and, other sums received in respect of any, such investment shall, as soon as possible after receipt, be paid into the appropriate sinking .fund and invested in the manner prescribed by sub- section (1). (3) Money standing to the credit of two or more, sinking funds may, at the discretion, of the [Corporation]1, he invested in a common fund and it shall not be necessary for the [Corporation]1 to allocate the securities held in such investments among the, several sinking funds. (4) When any part of sinking fund is invested in the debentures of the [Corporation]1 or is, applied to paying of any part of a loan before the period fixed, for repayment, the interest which would, otherwise have been payable on such debentures or on such part of the loan, shall be paid into the sinking fund and, investment in the manner laid down in sub-section (1). (5) Any investment made under this section may, subject to the provisions of sub-section (I), be varied or transposed: Provided that whenever any transposition is made the sinking fund from which any part is transposed shall be increased by a sum equal to, the sum transposed. (6) During, the year in which the, loan for the repayment of which, a sinking fund is, established is due for repayment, the sum to be set apart as portion of the principal of such sinking fund and the sum received on account of interest on moneys forming part of such sinking fund may be retained by the [Corporation]1 in such form as it thinks fit.

159- (1) In respect of any sinking funds which by this Act the [Corporation]1 is directed or authorized to invest in public. securities and in respect of any surplus moneys which by this Act the Mukbya Nagar Adikari on behalf of the [Corporation]1 is empowered to invest in the securities, it shall be lawful for the [Corporation]1 to reserve and set apart for the purpose of any such investment, any debentures issued or to be issued on account of any loan for which the sanction of the State Government shall have been duly obtained : Provided that the intention so to reserve and set apart such debentures shall have been notified to the State Government as a condition of the issue of the loan. (2) The issue of any such debentures direct to and in the name of the Mukhya Nagar Adhikari on behalf of the [Corporation]1 shall not operate to extinguish or cancel such debentures, but every 'debenture so issued shall be valid in all respects as if issued to and in the .name of any other person. (3) The purchase by, or the transfer assignment or endorsement to, the [Corporation]1 or the Mukhya Nagar Adhikari of any debenture issued by the [Corporation]1 shall not operate to extinguish, or cancel any such debenture, but the same shall be valid and negotiable in the same manner and to the same extent as if held by, or transferred, assigned or endorsed, to any other person.

160- (1) All sinking funds established or maintained under this, Act shall be subject to annual examination by the Examiner, Local Fund Accounts, who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom. (2) The amount which should be at the credit of a sinking fund shall be calculated on the basis of the present value of all future payments required to be made to such fund under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom. (3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current market value, except in the case of debentures issued under this Act which will be valued at par, provided that the [Corporation]1 shall make good immediately any loss which may accrue on the actual sale of such debentures, at the time of repayment of the loan. (4) The [Corporation]1 shall forthwith pay into any sinking fund any amount which the Examiner, Local Fund Accounts may certify to be deficient, unless the State Government specially sanctions a gradual re- adjustment. (5) If the cash and the value of the securities at the credit of any sinking fund are in excess of the amount which should be at its credit, the Examiner, Local Fund Accounts shall certify the amount of such excess sum and the [Corporation]1 may thereupon transfer the excess sum to the [Corporation]1 Funds. (6) If any dispute arises as to the accuracy of any certificate made by the Examiner, Local Fund Accounts under sub-section (4) or (5) the [Corporation]1 may, after making the payment or transfer, refer the matter to the State Government whose decision shall be final.

161- (1) If any money borrowed by the [Corporation]1 or any interest or costs due in respect thereof are not repaid according to the conditions of the loan, the State Government, if it has itself given the loan, may, and in other cases shall, on the application of the lender after considering the explanation of the [Corporation]1, if any, attach the [Corporation]1 Fund or a portion of the [Corporation]1 Fund. (2) After such attachment no person, except an officer appointed in this behalf by the State Government shall in any way deal with the attached fund or portion thereof but such officer may do an acts in respect thereof which any [Corporation]1 author its officer or servant might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interest and costs due in respect thereon and of all expenses caused by the attachment and subsequent proceedings : Provided that no such attachment shall defeat or prejudice any debt for which the Fund or portion thereof attached was previously pledged in accordance with law, and all such prior charges shall be paid out, of the proceeds of the Fund or portion thereof before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.

162- (1) Debentures issued under this Act shall be in such form as the [Corporation]1 may with the previous sanction of the State Government from time to time determine. (2) The holder of any debenture in any form duly authorized under sub-section (1) may obtain in exchange therefor, upon such terms as the [Corporation]1 shall from time to time determine, a debenture in any other form so authorized. (3) Every debenture issued by the [Corporation]1 under this Act shall be transferable by endorsement. (4) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder for the time being without any preference by reason of some of such debentures being prior in date to others.

163- All coupons attached to debentures issued under this Act shall be signed by the Chairman of the Executive Committee and the Mukhya Nagar Adhikari on be he if of the [Corporation]1 and such signatures may be engraved, lithographed or impressed by any mechanical process.

164- Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872- (1) Where any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such persons: Provided that nothing in this sub-section shall affect any claim by the legal representative of a deceased person against such survivor or survivors. (2) When two or more persons are joint holders of any debenture or security issued under this Act, anyone of such persons may give an effectual receipt, for an interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the [Corporation]1 by any other of such persons.

165- (1) When a debenture issued under this Act is alleged to have been lost, stolen or destroyed either wholly or in part or has been defaced or mutilated and a person claims to be the person to whom but for the loss, theft, destruction, defacement or mutilation it would be payable, he may, on application to the Mukhya Nagar Adhikari, and on producing proof of his satisfaction of the loss, theft, destruction, defacement or mutilation and of the justice of the claim, obtain from him an order- (a) if the debenture alleged to have been lost, stolen, destroyed, defaced or' mutilated is payable more than six years after the date of publication of the notification referred to in sub- section (2)- (i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture; and (ii) for the issue of a duplicate debenture payable to the applicant, or (b) if the debenture alleged to have been lost, stolen, destroyed, defaced or mutilated is payable not more than six years after the date of publication of the notification referred to in sub- section (2)--- (i) for the payment of interest in respect of the debenture, without the issue of a duplicate debenture; and (ii) for the payment of the applicant of the principal sum due in respect of the debenture on or after the date on which the payment becomes due. (2) An order shall not be passed under sub-section (1) until after the issue of such notification of the Joss, theft, destruction. defacement or mutilation of the debenture as may be prescribed by the [Corporation]1, and after the expiration of such period as may be prescribed by the [Corporation]1 nor until the applicant has given such indemnity as may be required by the [Corporation]1 against the claims of all persons deriving title under the debenture lost, stolen, destroyed, defaced or mutilated. (3) A list of the debentures in respect of which an order is passed under sub-section (1) shall be published in the official Gazette. (4) If at any time before the [Corporation]1 becomes discharged under the provisions of section 168 from liability in respect of any debenture the whole of which is alleged to have been lost, stolen, destroyed defaced or mutilated, such debenture is found, any order passed in respect thereof under this section shall be cancelled but subject to any payments of principal or interest already made.

166- (1) A person claiming to be entitled to a debenture issued under this Act, may on applying to the Mukhya Nagar Adhikari and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Mukhya Nagar Adhikari obtain a renewed debenture payable to the person applying. (2) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application of renewal has been made, the Mukhya Nagar Adhikari may- (a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party; (b) refuse to renew the debenture until such decision has been obtained ; or (c) after such inquiry as is herein after provided and on consideration of the result thereof declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration, issue a renewed debenture in favour of such party in accordance with the provisions of sub-section (1) unless within that period he has received notice that proceedings have been instituted by any person in a court of competent jurisdiction for the purpose of establishing a title to such debenture. Explanation-For the purposes of this sub-section the expression final decision" means a decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law, (3) For the purposes of the inquiry referred to in sub-section (2) the Mukhya Nagar Adhikari may himself record or may request the District Magistrate to record or to have recorded by any Magistrate subordinate to him the whole or any part of such evidence as the parties may produce. The Magistrate who records the evidence shall forward the record of such evidence to the Mukhya Nagar Adhikari. (4) The Mukhya Nagar Adhikari or any Magistrate acting under this section may, if he thinks fit, record evidence on oath.

167- (1) When a renewed debenture has been issued under section 166 in favour of any person, the debenture so issued shall be deemed to constitute a new contract between the Mahapilika and such person and all persons deriving title thereafter through him. (2) No such renewal shall affect the rights as against the [Corporation]1 of any other person to the debenture so renewed.

168- When a duplicate debenture has been issued under section 165 or when a renewed debenture has been issued under section 166 or when the principal sum due on a debenture in respect of which an order has been made under section 165 for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due the [Corporation]1 shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed ,debenture has been so issued or in respect of which such payment has been made, as the case may be- (a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub section (3) of section 165 or from the date of the last payment of interest on the original debenture, whichever date is later: (b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof, and (c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (2) of section 165.

169- Notwithstanding anything in section 166 the Mukhya Nagar Adhikari may in any case arising thereunder- (1) issue a renewed debenture upon receiving such indemnity in favour of the [Corporation]1 and the Mukhya Nagar Adhikari as he shall think fit against the Claims of all persons claiming under the original debenture, or (2) refuse to issue-a renewed debenture unless such indemnity is given.

170- (1) The Mukhya Nagar Adhikari shall, at the end of each year, prepare a statement showing- (a) the loan borrowed in previous years for which the [Corporation]1 is liable and which have not' been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year, the date of borrowing and the annual loan charges: (b) the loans borrowed by the [Corporation]1 in the year with particulars as to the amount and the date of' borrowing and the annual loan charges ; (c) In the case of every loan for which a sinking fund is maintained the amount of accumulation in the sinking fund at the close of the year showing separately the amount to the credit of the fund. in the year ; (d) the loans repaid in the year and, in the case of the loans repaid in instalments or by annual drawings, the amounts repair in the year, and the balance due at the close of the year; (e) The particulars of securities in which the sinking funds have been invested or reserved therefor. (2) Every such statement shall be laid before a meeting of the [Corporation]2 and shall be published in the official Gazette and a copy of such statement shall be sent to the State Government and to the Examiner, Local Fund Accounts.

171- The State Government may make rules to carry out all or any of the purposes of this chapter, and in particular, without affecting the generality of the power conferred hereby, make rules for the following purposes :- (a) procedure for obtaining sanction of the State Government under this Chapter; (b) establishment of sinking fund; (c) investment of money in the sinking fund ; (d) annual examination and audit of sinking fund; (e) manner of attachment of [Corporation]2 Fund; and (f) Printing of debentures.

172- (1) For the purposes of this Act and, subject to the provisions thereof and of article 285 of the Constitution of India the [Corporation]2 shall impose the following taxes, namely- (a) property taxes, (b) a tax on vehicles other than mechanically propelled vehicles, and other conveyances plying for hire or kept within the City or on boats moored therein, (c) a tax on animals used .for riding, driving, draught or burden, when kept within the City. (2) In addition to the taxes specified in sub-section (1) the [Corporation]2 may for the purposes of this Act and subject to the provisions thereof impose any of the following taxes; namely- (a) a tax on trades, callings and professions and holding of public or private appointments; (b) [***]1 (c) [***]1 (d) [***]1 (e) a tax on dogs kept within the City; (f) a betterment tax; (g) a tax on deeds of transfer of immovable property situated within the City; (h) a tax on advertisements not being advertisements published In newspapers; (i) a theatre tax, and (j) [***]1 [***]1 (3) The [Corporation]2 taxes shall be assessed and levied in accordance with the provisions of this Act and the rules and bye-laws framed thereunder. (4) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution of India: Provided that where any tax was being lawfully levied in the area included in the City immediately before the commencement of the Constitution of India such tax may continue to be levied and applied for the purposes' of this Act until provision to the contrary is made by Parliament.

173- (1) For the purposes of sub-section (1) of section 172 property taxes shall comprise the following taxes which shall subject to the exceptions, limitation and conditions hereinafter provided, be levied on buildings and lands in the City- (a) a general tax which may be levied, if the [Corporation]2 so determines, on a graduated scale; (b) a water tax; (c) drainage tax leviable in the areas provided with sewer system by the [Corporation]2; (d) a conservancy tax in areas in which the [Corporation]2 undertakes, the collection; removal and disposal of excrementious and , polluted-matter from privies, urinal and cesspools. (2) Save as otherwise expressly provided in this Act or rules made thereunder, these taxes shall be levied on the annual value of buildings or land, as the case may be : Provided that the aggregate of the property taxes shall in no case be less than 15 per cent nor more than 25 per cent of the annual value of the building or land or both assessed to such taxes.

174- "Annual value" means- [(a) in the case of railway stations, colleges, schools, hostels, factories, commercial buildings and other non-residential buildings, a proportion not below 5 per cent to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building, less depreciation at a rate to be fixed by rules, to the estimated value of the land appurtenant thereto, and]1 (b) in the case of a building or land not falling within the provisions of clause (a) the gross annual rent for which such building exclusive of furniture or machinery therein, or such land is actually let, or where the building or land is not let or in the opinion of the assessing authority is let for a sum less than its fair letting value, might reasonably be expected to be let from year to year, Provided that where the annual value of any building would, by reason of exceptional circumstances, in the opinion of the [Corporation]2, be excessive if calculated in the aforesaid manner, the [Corporation]2 may fix the annual value at any less amount which appears to it equitable; Provided further that where the [Corporation]2 so resolves, the annual value in the case of owner occupied buildings and land shall for the purposes of assessment of property taxes be deemed to be 25 per cent less than the annual value otherwise determined under this section.

[175- The imposition of a tax under clause (b) of sub-section (1) of section 173 shall be subject to the restriction that the tax shall not be imposed- (i) on any land exclusively" for agricultural- purposes, unless the water is supplied by the [Corporation]2 for such purposes; or (ii) on a plot of land or building' the annual, value whereof does not exceed rupees three hundred and sixty and to which no water is supplied by the [Corporation]2 ; or (iii) on any plot or building, no part of which is within the radius prescribed for the city, from the nearest stand-pipe or other water-works whereat water is made available to the public by the [Corporation]2 Explanation -For the purposes of this section- (a) 'building' shall include the compound, if any, thereof, and, where there are several buildings in a common compound, all such buildings and the common compound; (b) 'a plot of land' means any piece' of land held by a single occupier, or held in common by several' co-occupiers, whereof no one portion is entirely separated from any other portion by the land of another occupier or of other occupiers or, by public property.]3

176- The proceeds of the water, drainage and conservancy taxes and all other incomes derived from waterworks, drainage works, drains and excrementitious and polluted matter collected from privies, urinals and cesspools and from disposal of such matters and income from sullage farms shall be pooled together and shall be defrayed on purposes connected with the construction, maintenance, extension or improvement of such waterworks and drainage works and with the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools including maintenance of sullage farms.

177- The general tax shall be levied in respect of all buildings and land in the City except- (a) buildings and lands solely used for purposes connected with the disposal of the dead ; (b) buildings and lands, or portions thereof solely occupied and used for public worship or far a charitable purpose; [(c) building solely used as jails, court houses, treasuries, schools and colleges ; ]4 (d) ancient monuments as defined in the Ancient Monuments Preservation Act, 1904, subject to any direction of the State Government in respect of any such monument ; [(e) any building or land the annual value of which is rupees three hundred and sixty or less, provided ·that the owner thereof does riot own any other building or land in the same city [and provided further that in the case of a building situated within thirty metres from the main or branch sewer line of the [Corporation]4 it has a latrine with arrangements for flushing]2, and]1 (f) Buildings and lands vesting in the Union of India except where provision if of clause (2) of article, 285 of the Constitution of India Apply.

178- (1) When a building or land has remained vacant and unproductive of rent for ninety or more consecutive days during any year the Mukhya Nagar Adhikari shall, remit or refund so much of each of the property taxes of that year as may be proportionate to the number of days that the said building or land has remained vacant and unproductive of rent. (2) When a building consists of two or more separate tenements and one or more such tenements has remained vacant and unproductive of rent during any such period as aforesaid, the Mukhya Nagar Adhikari may remit or refund such portion (if any) of each tax or installment as may be prescribed: Provided that no remission shall be granted unless notice in writing of the fact of the building or land being vacant and unproductive of rent has been given to the [Corporation]1, and that no remission or refund shall take effect for any period previous to the day of the delivery of such notice. (3) The burden of proving the facts entitling a person to remission or refund under this section shall be upon the person claiming the same. (4) For the purposes of this section a building or land shall not be deemed to be vacant, if it is maintained as a pleasure resort or town or country house, or be deemed to be unproductive of rent, if it is let to a tenant who has a continuing right of occupation thereof, whether, he is in actual occupation or not.

179- (1) Except where otherwise prescribed, every tax (other than a drainage tax or a conservancy tax) on the annual value of buildings or lands shall be leviable primarily from the actual occupier of the property upon which the tax is assessed, if he is the owner of the buildings or lands or holds them on a building or other lease from the Central or the State Government or from the [Corporation]1 or on a building lease from any person. (2) In any other case the tax shall be primarily leviable as follows, namely- (a) if the property is let from the lessor ; (b) if the property is subjet from the superior lessor ; (c) if the property is unlet from the person in wham the right to let the same vests. (3) On failure to recover any sum due on account of such tax from the person primarily liable, the Mukhya Nagar Adhikari may recover from the occupier of any part of the buildings or lands in respect of which it is due that portion thereof which bears to the whole amount due the same ratio as the rent annually payable by such occupier bears to the aggregate amount of the rent payable in respect of the whole of the said building or lands, or to the aggregate amount of the letting value thereof in the authenticated assessment list. (4) An occupier who makes any payment for which he is not primarily liable under the foregoing provisions shall, in the absence of any contract to the contrary be entitled to be reimbursed by, the person primarily liable.

180- (1) A drainage tax, or a conservancy tax on the annual value of buildings or lands shall be levied from the actual occupier of the property upon which the taxes are assessed: Provided that, where such property is let to more occupiers than one, the Mukhya Nagar Adhikari may at his option levy the tax from the lessor instead of from the actual occupiers. (2) A lessor from whom a tax is levied under the proviso to sub-section (I) may, in the absence of a contract to the contrary, recover the tax from any or all of the actual occupiers.

181- (1) Property taxes due under this Act in respect of any building or land shall, subject to prior payment of the land revenue, if any, due to the State Government thereupon, be a first charge, in the case of any building or land held immediately from the State, upon the interest in such building or land' of the person liable for such taxes and upon the movable property, if any, found within or upon such building or land belonging to such person; and, in the case of any other building or land, upon the said building or land and. belonging to the person liable for such taxes. Explanation-The term "property-taxes" in this section shall be deemed to include any charges payable for water supplied to any premises and the costs of recovery of property taxes as specified in the rules. (2) In any decree in a suit for the enforcement of the charge created by sub-section (1), the Court may order the payment to [Corporation]1 of interest on the sum found to be due at such rate as the Court deems reasonable from the date of the institution of the suit-until realization, and such interest and the cost of enforcing the said charge, including the cost of the suit and the costs of bringing the premises or movable property in question to sale under the decree, shall subject as aforesaid, be a first charge on such premises and movable property along with the amount found to be due, and the Court may direct payment thereof to be made to the [Corporation]1 out of the sale proceeds.

182- (1) A tax under clause (b) or clause (c) of sub-section (1) of section 172 shall be 'levied at rates not exceeding those prescribed by rule by the State Government in this behalf, from time to time on vehicles and boats or an animals, as the case may be. (2) The [Corporation]1 shall from year to year, in accordance with section 148 determine the rates at which the tax referred to in sub-section (1) shall be levied. (3) A vehicle, boat or animal kept outside the limits of the City but regularly used within such limits shall be deemed to be kept for use in the City.

183- (1) The tax under clause (b) of sub-section (1) of section 172 shall not be leviable in respect of -; (a) vehicles and boats belonging to the [Corporation]1 ; (b) vehicles and boats vesting in the Union of India except where the provisions of clause (2) of article 285 of the Constitution of India apply; (c) vehicles and boats vesting in any State comprised in the Union of India and used solely for public purposes and not used or intended to be used for purposes of profit: (d) vehicles and boats intended exclusively for conveyance 'free of charge of the injured, sick or dead; (e) children's perambulators and tricycles; (f) Vehicles or boats kept by bona fide dealers in vehicles or boats for sale merely, and not used. (2) The tax under clause (c) of sub-section (1) of section 172 shall not be leviable in respect of- (a) animals belonging to the [Corporation]1 ; (b) animals vesting in the Union of India except where the provisions of clause (2) of article 285 of the Constitution of India apply; (c) animals vesting in any State comprised in the Union of India and used solely for public purposes and not used or intended to be used for purposes of profit. (3) If any question arises under clause (b) or clause (c) of sub-section (I) or clause (b) or clause (c) of sub-section (2) whether any vehicle, boat or animal vesting in the Union of India or any State comprised therein is or is not used or intended to be used for purposes of profit, such question shall be determined by the State Government whose decision shall be final.

184- "Betterment tax" means a tax to be charged on the increase in the value of the land comprised in a scheme put into operation under Chapter XIV, but not actually required for the execution thereof, or on the increase in the value of any land adjacent to and within one quarter of a mile of the boundaries of such scheme, provided that such adjacent land is situated within the City.

185- The Betterment tax shall be an amount equal to one-half of the difference between the market value of the land on the date specified-in the public notice under sub-section (2) of section 187 and the market value of such land on or immediately before the date on which the scheme was finally notified under Chapter XIV: Provided that for the purposes of calculation under this section the land shall be treated as free of all buildings.

186- Where a [Corporation]1 has imposed a tax mentioned in clause (f} of sub-section (2) of section 172 every owner of land mentioned in section 184 or any person, having an interest therein in respect of the increase in the value of such land, shall in the manner hereinafter provided pay to the [Corporation]1 such Betterment tax as may be determined by the Mukhya Nagar Adhikari,

187- (1) The State Government shall, by notification in the official Gazette, declare the date on which a scheme shall be deemed to have been completed. (2) Within one year of the date of the completion of the scheme declared in sub-section (1), the Mukhya Nagar Adhikari shall give public notice of the intention of the [Corporation]1 to levy a Betterment tax from a specified date.

188- (1) The Mukhya Nagar Adhikari shall at any time after one month from the publication of such notice assess the amount of Betterment tax payable by the person concerned and shall give a notice in writing to such person stating the amount of the tax and the instalments, if any, and the dates on which the tax shall be paid together-with such other particulars as may be necessary. (2) Any person on whom a notice of assessment is served in sub-section (1) may, within one month from the date of the service of such notice, file an objection against such assessment before the Mukhya Nagar Adhikari : Provided that an objection may be entertained even after the expiry of the period mentioned in sub-section (1) if the Executive Committee or sub-committee thereof referred to in sub-section (3) is satisfied that the failure to file objection was due to causes beyond the control of the objector. (3) After an opportunity has been given to the objector of being heard the Executive Committee or a sub-committee thereof appointed in this behalf shall decide the objection and may then confirm, modify or cancel the assessment. (4) If the person on whom a notice of assessment is served under sub-section (1) fails to file an objection, Under sub-section (2), the order of assessment shall be conclusive and shall not be questioned before any court of law or tribunal.

189- (1) A person liable to pay Betterment tax may at his option in stead of paying thereof to the [Corporation]2, execute an agreement with the [Corporation]2 to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of 6 per cent per annum. (2) A person who has exercised his option under sub-section (1) may at any time, subject to his giving six months notice of his intention, pay the amount of Betterment tax assessed under section 188.

190- Arrears of Betterment tax shall be realized in the manner provided in Chapter XXI.

191- (1) Where the [Corporation]2 has imposed a tax referred to in clause (g) of section 172, the duty imposed by the Indian Stamp Act, 1899 on any deed of transfer of immovable property shall, in the case of immovable property situated within the City, be increased by 2 per cent [on the amount or value of the consideration with reference to which the duty is calculated under the said Act.]1 (2) All collections resulting from the said increase shall, after the deduction of incidental expense-s, if any, be paid to the [Corporation]2 by the State Government in such manner as may be prescribed by rules. (3) For the purpose of this section, section 27 of the Indian Stamp Act, 1899, shall be so read and construed as if it specifically required the particulars referred to therein to be separately set forth in respect of- (a) property situated within the City, and (b) property situated outside the City. (4) For the purposes of this section, section 64 of the Indian Stamp Act, 1899, shall be so read and construed as if it referred to the [Corporation]2 as well as to the Government.

192- Where a [Corporation]2 imposes a tax mentioned in clause (h) of sub-section (2)' of section 172, every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on ,every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as may be provided by the Act or rules made there-under: Provided that-no tax shall be levied under this section On any advertisement or a notice- (a) of public meetings, or (b) of an election to any legislative body or the [Corporation]2, (c) of a candidature in respect of such an election: Provided also that no such tax shall be levied on any advertisement which is not a sky-sign and which- (a) is exhibited within the window of any building; or (b) relates to the trade or business carried on within the land or building upon or over which advertisement is exhibited, or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in the same, or (c) relates to the name of the land or building upon or over which the advertisement is exhibited or to the name of the owner or occupier of such land or building, or (d) relates to the business of any railway administration, or (e) is exhibited within any railway station or upon any wall or other property of a railway administration except any portion of the surface of such wall or property fronting any street. Explanation I-The word "structure" in this section shall include any movable board on wheels used as an advertisement or an advertisement medium. Explanation 2-"Public place" shall, for the purpose of this section mean any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not.

193- (1) No advertisement shall, after the levy of the tax under section 192 has been determined upon by the [Corporation]2, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the City or shall be displayed in any manner whatsoever, in any place without the written permission of' the Mukhya Nagar Adhikari. (2) The Mukhya Nagar Adhikari shall not grant such permission if- (a) the advertisement contravenes any bye-law made by the [Corporation]2 under [clause (48)]1 of section 541, or (b) the tax, if any, due in respect of the advertisement has not been paid, (3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertisement tax the Mukhya Nagar Adhikari shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission: Provided that the provisions of this section shall not apply to any advertisement erected, exhibited, fixed or retained on the railway premises or relating to the business of any railway administration.

194- The permission granted under section 193 shall become void in the following cases, namely: (a) if the advertisement contravenes any bye-law made by the [Corporation]2 under clause [(48)]1 of section 541 ; (b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the Mukhya Nagar Adhikari; (c) if any material change be made in the advertisement or any part thereof; (d) if the advertisement or any part thereof falls otherwise than through accident; (e) if any addition or alteration be made to, or in the building wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part there- of; and (f) if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained be demolished or destroyed.

195- Where any advertisement shall be erected, exhibited ,fixed or retained upon or over any land, building wall, hoarding or structure in contravention of the provisions of section 192 or section 193 or after the written permission for the erection, exhibition, fixation or retention there of for, any period shall have expired or become void, the person for whom or for whose purposes the advertisement has prima facie been so erected, exhibited, fixed or retained shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in such contravention unless the proves that such contravention was committed by a person not In his employment or under his control or was committed without, his connivance.

196- If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 192 or section 193 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the Mukhya Nagar Adhikari may, by notice in writing require the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.

197- The theatre tax shall not be leviable in respect of- (a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made; (b) any entertainment or amusement which is not open to the general public on payment; (c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilized for a public charitable purpose. Explanation-For the purposes of this section a nominal charge shall be such charge as may be fixed by the rules.

198- [***]1

199- (1) When a [Corporation]2 desires to impose a tax specified in sub-section (2) of section 172 it shall by resolution direct the Executive Committee to frame proposal specifying- (a) the tax, being one of the taxes described in sub-section (2) of section 172 which it desires to impose; (b) the persons or class of persons to be made liable, and the description of property or other taxable thing or circumstances in respect of which they are to be made liable, except where and in so far as any class or description is already sufficiently defined under clause (a) or by this Act; (c) the amount or rate leviable from each such person or class of persons; (d) any other matter referred to in section 219 which the State-Government requires by rule to be specified. (2) Upon a resolution being passed under sub-section (1) the Executive Committee shall frame the proposals and also prepare a draft of the rules which it desires the State Government to make in respect of the matters referred to in section 219. (3) The Executive Committee shall, thereafter, publish in the manner prescribed by rule the proposals framed under sub-section (1) and the draft rules framed under sub-section (2) alongwith a notice in the form to be prescribed by rule.

200- (1) Any inhabitant of the City may, within two weeks from the publication of the said notice, submit to the [Corporation]1 an objection in writing to all or any of the proposals framed under the preceding section, and the [Corporation]1 shall take any objection so submitted into consideration and pass orders thereon by special resolution. (2) If the [Corporation]1 decides to modify the proposals of the Executive Committee or any of them the Mukhya Nagar Adhikari shall publish the modified proposals and, if necessary, revised draft rules alougwith a notice indicating that the proposals and rules (if any) are in modification of proposals and rules previously published for objection. (3) Any objections which may be received to the modified proposals shall be dealt with in the manner prescribed in sub-section (1). (4) When the [Corporation]1 bas finally settled its proposals, the Mukhya Nagar Adhrkari shall submit them along with the objections (if any) made in connexion therewith to the State Government.

201- Upon receipt of the proposals and objection under the preceding section the State Government may either refuse to sanction the proposals or return them to the [Corporation]1 for further consideration or sanction them without modification or with such modification not involving an increase of the amount to be imposed, as it deems fit.

202- (1) When the proposals have been sanctioned by the State Government, the State Government after taking into consideration the draft rules submitted by the [Corporation]1, shall proceed forth with to make such rules in respect of the tax as for the time being it considers necessary. (2) When the rule have been made the order of sanction and a copy of the rules shall be sent to the [Corporation]1, and thereupon the [Corporation]1 shall by special resolution direct the imposition of the tax with effect from a date to be specified in the resolution.

203- (1) A copy of the resolution passed under section 202 shall be submitted to the State Government. (2) Upon receipt of the copy of the resolution the State Government shall notify in the official Gazette, the imposition of the tax from the appointed date, and the imposition of a tax shall in all cases be subject to the condition that it has been so notified. (3) A notification of the imposition of a tax under sub-section (2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this Act.

204- The procedure for abolishing a tax, or for altering a tax in respect Of the matters specified in clauses (b) and (c) of sub-section (1) of section 199 shall, so far as may be, be the procedure prescribed by sections 199 to 202 for the imposition of a tax.

205- (1) Whenever it appears, on complaint made or otherwise to the State Government, that the levy of any tax is contrary to the public interest or that any tax is unfair in its incidence the State Government may, after considering the explanation of the [Corporation]1 concerned, by order require such [Corporation]1 to take measures within a time to be specified in the order, for the removal of any defect which' it considers to exist in the tax or in the method of assessing or collecting the, tax. (2) Upon the failure or inability of the [Corporation]4 to comply, to the satisfaction of the Stale Government, with an order made under sub-section (1), the Slate Government, may by notification, suspend the levy of the tax, or of any portion thereof, until the defect is removed, or may abolish or reduce the tax.

206- (1) The State Government, may, be general or special order published in the official Gazette, require a [Corporation]4 to impose any tax mentioned in sub-section (2) of-section 172 not, already imposed, at such rate and within such period as may be specified in-the notification and the [Corporation]4 shall thereupon act accordingly. (2) The State Government" may require a [Corporation]4 to increase, modify or very the rate of any tax, already imposed and the reupon the [Corporation]4 shall increase; modify or vary the tax as required. (3) If the [Corporation]4 fails to carry out the order passed under sub-section (1) or (2), the State Government may pass suitable order imposing, increasing, modifying or varying the tax and thereupon the order of the State Government shall operate as if it had been' a resolution duly passed by the [Corporation]4.

207- The Mukhya Nagar Adhikari shall cause assessment list of all buildings or lands or both [in the City or part thereof to be prepared from time to time]2 containing- (a) the name of the street or mohalla in which the property is situated; (b) the designation of the property, either by name or by number sufficient for identification; (c) the names of the owner and occupier, if known; (d) the annual letting value or other particulars determining the annual value; and (e) the amount of the tax assessed thereon.

208- [When assessment list for the whole of the City or of [any part thereof]3 containing the particulars mentioned in clauses (n) to (e) of section 207 has been prepared]1 the Mukhya Nagar Adhikari shall give public notice of the place where [that list]1 or a copy thereof may be inspected, and every person claiming to be either owner or occupier of property included in [that list]1 and an agent of such person shall be at liberty to inspect [that list]1 and to make extracts therefrom without charge.

209- (1) The Mukhya Nagar Adhikari shall at the same time give public notice of a date, not less than one month thereafter, when the Executive Committee will proceed to consider the valuation and assessment [entered in, the list mentioned in section 208]2 and in all cases in which any property is for the first time assessed or the assessment is increased, he shall also give notice thereof to the owner or occupier of the property, if known. (2) All objections to valuations and assessments shall be made to the Mukhya Nagar Adhikari, before the date fixed in the notice, by application in writing stating the grounds on which the valuation and assessment are disputed, and all applications so made shall be registered in a, book to be kept by the Mukhya Nagar Adhikarl for the purpose. (3) The Executive Committee or a sub-committee thereof appointed by the Executive Committee in this behalf shall, after allowing the applicant an opportunity of being heard in person or by agent- (a) investigate and dispose of the objections; (b) cause the result thereof to be noted in the book kept under sub-section (2); and (c) Cause any amendment necessary in accordance with such result to be made in the assessment list.

[210- (1) After the disposal of all objections pertaining to the list for the City or of [any part thereof]4 as the case may be, the Chairman of the [Executive]7 Committee or of the Sub-Committee concerned, if any, shall authenticate by his signature that list as well as all amendments made therein under sub-section (3) of section 209. (2) Every list so authenticated shall be deposited in the office of the [Corporation]6. (3) As soon as the list for the entire City is so deposited it shall be declared by public notice to be open for inspection.]3

211- (1) A new assessment list shall ordinarily be prepared in the manner prescribed by sections 207 to 210 once in every five years. (2) Subject to any alteration or amendment made under section 213 and to the result of any appeal under section 472 every valuation and assessment entered in a valuation list shall be valid from the date on which the list takes effect [in the City or Part thereof and until the first day of the month next following the completion of the new list.]5 [Provided that where as a result of any order or adjudication of a court of law the new assessment list or any portion thereof cannot take effect, the old assessment list or the corresponding portion thereof shall, subject to such order or adjudication, be deemed to have continued to be effective.]1

212- An entry in an assessment list shall be conclusive proof- (a) for any purpose connected with a tax to which the list refers, of the amount leviable in respect of any building or land during the period to which the list relates, and (b) for the purpose of assessing any other [Corporation]4 tax, of the annual value of any building or land during the said period.

213- (1) The Executive Committee or a sub-committee thereof appointed in this behalf may at any time alter or amend the assessment list- (a) by entering therein the name of any person or any property which ought to have been entered or any property which has become liable to taxation· after the authentication of the assessment list; or (b) by substituting therein for the name of the owner or occupier of any property the name of any other person who has succeeded by transfer or otherwise to the ownership or occupation of the property ; or (c) by enhancing the valuation of, or assessment on, any property which [has been incorrectly valued or assessed or which, by reason of fraud, misrepresentation or mistake, had been incorrectly valued or assessed]3; or (d) by revaluing or re-assessing any property the value of which has been increased by additions or alterations to buildings; or (e) where the percentage on the annual value at which any tax is to be levied has been altered by the [Corporation]4 under the provisions [of this Act]1 by making a corresponding alteration in the amount of the tax payable in each case; or (f) by reducing upon the application of the owner or on satisfactory evidence that the owner is untraceable and the need for reduction established, upon its own initiative, the valuation of any building which has been wholly or partly demolished or destroyed ; or (g) by correcting any clerical, arithmetical or other apparent error: Provided that the Executive Committee or the sub-committee, as the case may be, shall give at least one month's notice to any person interested in any alteration [or amendment]2 which the Executive Committee or sub-committee proposes to make under clauses (a), (b), (c) or (d) of sub- section (1) and the date on which the alteration [or amendment]2 will be made. [(1-A) For the removal of doubts it is hereby declared that it shall not be necessary to follow the procedure laid down in sections 199 to 203 or in sections 207 to 210 in respect of any alteration made under clause (e) of sub-section (I) as a result of determination of the rate of the tax under section 148.]3 (2) The provisions of sub-sections (2) and (3) of section 209 applicable to the objections thereunder mentioned shall, so far as may he, apply to any objection made [in pursuance of a notice issued under the proviso to sub-section (1)]1 and to any application made under clause (f) of sub-section (1) . (3) Every alteration [or amendment]2 made under sub-section (I) shall be authenticated by the signature or signatures of the person authorized by section 210 and, subject to the result of as appeal under section 472, shall take effect from the date on which the next instalment falls due.

214- When a building is built, re-built or enlarged, the owner shall give notice thereof to the Mukhya Nagar Adhikari within fifteen days from the date of completion of such building, re-building or enlargement or from the date of the occupation of such building, whichever date happens first.

215- The owner of a building or land for which a remission or re-fund of the tax has been given under section 178 shall give notice of the reoccupation of such building or land within fifteen days of such re-occupation.

216- For the purpose of assessing, levying or collecting, but not for the purpose of imposing or granting exemption from, the property taxes described in section 173 a [Corporation]4 may consolidate any two or more of such taxes: Provided that in any register or assessment list relating to a consolidated tax and used for the purpose of informing a person of his liability thereunder or for the purpose of securing compliance with the provisions of section 175 or section 176 the Mukhya Nagar Adhikari shall, in the manner prescribed, apportion the consolidated tax amongst the several taxes comprised therein, so as to show approximately the amount assessed or collected on account of each separate tax.

217- (1) In assessing a consolidated tax effect shall be given to any partial or total exemption from any single tax comprised therein. (2) Such effect shall be given- (a) in the case of partial exemption, by means of the deduction from total amount of the consolidated tax which would otherwise be leviable or assessable in respect of any buildings, or lands or both, to which the exemption applies, of a proportionate part, corresponding to the exemption of the amount which might otherwise have been assessed on account of the single tax, and (b) In the case of a total exemption, by means of the deduction from such total amount of the whole amount assessed on account of the single tax.

218- (1) If any sum recoverable under the provisions of this Chapter is due or is about to become due from any person, and if the Mukhya Nagar Adhikari shall have reason to believe that such person is about to leave the limits of the City the Mukhya Nagar Adhikari may direct the immediate payment by such person of such sum and cause a bill for the same to be presented- (2) If on presentation of such bill the said person does not forth with pay the said sum or does not furnish security to the satisfaction of the Mukhya Nagar Adhikari, the amount shall be levied by distress and sale of his movable property or by attachment and sale of his immoveable property in the manner specified in Chapter XXI except that it shall not be necessary to serve upon him any notice of demand and the Mukhya Nagar Adhikari's warrant for distress and sale may be issued and executed without any delay.

219- The following matters shall be regulated and governed by rules except in so far as provision therefor is made by this Act, namely- (a) The assessment, collection or composition of taxes, [***]1 (b) The prevention of evasion of taxes; (c) The system on which refunds shall be allowed and paid; (d) The fees for notices demanding payments on account of a tax and for the execution of warrants of distress; (e) the rates to be charged for maintaining livestock distained ; and (f) Any other matters relating to taxes in respect of which this Act makes no provision or insufficient provision and provision is, in the opinion of the State Government, necessary.

220- (1) Subject to the provisions of any rule, a [Corporation]2 may by a special resolution confirmed by the State Government, provide that all or any persons may be allowed to compound for a tax. (2) Every sum due by reason of the composition of a tax under- sub-section (1) shall be recoverable in the manner provided by Chapter XXI.

221- (1) A [Corporation]2 may exempt, for a period not exceeding one year, from the payment of a tax or any portion of a tax, imposed under this Act, any person who is in its opinion, by reason of poverty unable to pay the same, and may renew such exemption as often as it deems necessary. (2) A [Corporation]1 may, by a special resolution confirmed by the State Government, exempt from the payment of a tax or any portion or a tax, imposed under this Act, any person or class of persons or any property or description of property. (3) The State Government may, by order exempt from the payment of a tax, or any portion of a tax, imposed under this Act, any person or class of persons or any property or description of property.

222- (1) The [Corporation]1 may by written communication call upon an inhabitant of the City to furnish such information as may be necessary in order to ascertain- (a) whether such inhabitant is liable to pay a tax imposed under this Act; (b) at what amount he should be assessed; (c) the annual value of the building or land which he occupied and the name and address of the owner. (2) If an inhabitant so called upon to furnish information omits to furnish it or furnishes information which is untrue, he shall be liable upon, conviction to a fine which may extend to five hundred rupees.

223. The Mukhya Nagar Adhikari or any other officer or servant of the [Corporation]1 authorised in this behalf may enter, inspect and measure a building for the purposes of valuation, or enter and inspect a stable, coach house or other place wherein, there is reason to believe that there is a vehicle or animal liable to taxation under this Act and the provisions of sections 560, 562 and 563 shall apply to such inspections.

224- No assessment list or other list, notice, bill or other such document specifying, or purporting to specify, with reference to any tax, charge, rent or fee, any person, property, thing or circumstances shall be invalid by reason only of the mistake in the name, residence, place of business or occupation of the person, or in the description of the property, thing or circumstances, or by reason of any more clerical error or defect of form and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.

225- Whenever the [Corporation]1 determines to have recourse to supplementary taxation in any financial year, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders of sanction of the State Government or by levying, with due sanction, a tax imposable under this Act but not being levied at the time being.

226- No objection shall be taken to a valuation or assessment nor shall the liability of a person to be assessed or taxed be questioned in. any other manner or before any other authority than is provided in this Act.

227- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power such rules may provide for- (a) matters referred to in section 219; (b) maintenance and inspection of register regarding taxes on vehicle, boat and animal; (c) [***]1 (d) [***]1 (e) advance payment of taxes; (f) summary disposal of objections to distress and attachment; (g) the conditions on which exemptions and refunds of taxes shall be allowed.

228- (1) Subject to any general directions which the Executive Committee may from time to time give in this behalf, the Mukhya Nagar Adhikari shall maintain and keep in repair all [Corporation]2 drains and may with the approval of the Executive Committee construct such drains both within and without the City as shall from time to time be necessary for effectually draining the City and areas immediately around it : Provided that no drain shall be constructed within the limits of a Cantonment without the approval of the State Government and otherwise than with the concurrence of the General Officer Commanding the Division in which such Cantonment is situated or, in the event of such concurrence being withheld, the previous sanction of the Central Government. (2) The Mukhya Nagar Adhikari shall also, in the case of any street in which there is a [Corporation]2 drain, construct at the charge of the [Corporation]2 Fund such portion of the drain of any premises to be connected with such a [Corporation]2 drain as it shall be necessary to lay under any part of such street and the portion of any connecting drains so laid under the street shall vest in the [Corporation]2 and be maintained and kept in repair by the Mukhya Nagar Adhikari as a [Corporation]2 drain,

229- (1) Subject to the other provisions of this Act Mukhya Nagar Adhikari may at any time with the approval of the [Corporation]1 declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the [Corporation]1 - (2) Mukhya Nagar Adhikari in deciding whether a declaration should be made under sub-section (I) shall have regard to all the circumstances of the case and in particular, to be following considerations- (a) whether the drain or works in question is or are adapted to or required for, any general system of drainage or drainage disposal or sewage disposal which the Mukhya Nagar Adhikari bas provided for the City or any part thereof; (b) whether the drain is constructed under a street or under land reserved by or under the provision of this Act or any other law for the time being in force for a street; (c) the number of buildings which the drain is intended to serve, and whether, regard being bad to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings; (d) The method of construction and state of repair of the drain or works; and (e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question. (3) Whenever it is proposed to make a declaration under sub-section (1), the Mukhya Nagar Adhikari shall give written notice of the proposal to the owners of the drain or works in question to show cause against it within a period of one month from the date of service and the declaration shall not be made until the expiry of the period aforesaid, or where any objection has been lodged until the objection has been disposed of. (4) Where a declaration referred to in sub-section (l) relates to a drain or drainage or sewage disposal works 'Situate within the jurisdiction of some local authority other than the [Corporation]1 or situate within the City but serving an area, or part of an area, within the jurisdiction of such local authority, the Mukhya Nagar Adhikari shall also give notice to, that authority and no declaration shall, be made 'until either that authority has consented thereto or the State Government has dispensed with the necessity of such consent; whether un-conditionaly or subject to the such conditions as it may think fit to impose. (5) No declaration under sub-section (I) shall be made with respect to any drain or part of a drain or any works as is or are vested in some local authority other than the [Corporation]1 or the central Government or a Railway Administration, except on the request of the authority, the Government or Railway Administration, concerned. (6) Any person who, immediately before the making of a declaration under sub-section/ I) was entitled to me the drain in question shall not withstanding the declaration be entitled to use it, or any drain substituted there for, to the same extent as previously.

230- (1) The Muhkya Nagar Adhikari may carry any [Corporation]1 drain through, across or under any street or any place laid out as or intended for a street or under cellar or vault which may be under any street, and after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the City or for the purpose of outfall or distribution of sewage, without the City. (2) The Mukhya Nagar Adhikari may enter upon, and construct any new drain in the place of an existing drain in any land wherein any [Corporation]1 dram has been already lawfully constructed, or repair or alter any [Corporation]1 drain so constructed.

231- The Mukhya Nagar Adhikari may enlarge, alter the course of, deepen, lessen, arch over or otherwise improve any [Corporation]1 drain which has, in his opinion, become useless or unnecessary, or prohibit the use of any such drain either entirely or for the purpose of foul water drain age or for the purpose of surface drainage: Provided that, if by reason of anything, done under this section any person is deprived of the lawful use of any drain, the Mukhya Nagar Adhikari shall as soon as may be provide, at the cost of the [Corporation]1 for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.

232- (1) The [Corporation]1 drains shall be so constructed, maintained, and kept as to create the least practicable nuisance .and shall be from time to time properly flushed, cleansed and emptied. (2) For the purpose of flushing, cleansing and emptying the said drains, the Mukhya Nagar Adhikari may construct or set up such reservoirs, sluices, engines and other works as he shall from time to time deem necessary.

233- The owner of a private street may, subject to his fulfilling the conditions to be prescribed connect the drain of such street with a [Corporation]1 drain.

234- (1) Subject to the other provisions of this section, the owner or occupier of any premises shall be entitled to cause his drain to empty into a [Corporation]1 drain or other place lawfully set apart for the discharge of drainage: Provided that nothing III this sub-section shall entitle any person- (a) to discharge directly or indirectly into any [Corporation]1 drain any trade effluent except in accordance with the provisions of section 240 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force; (b) where separate [Corporation]1 drains are provided for foul water and for surface water to discharge directly or indirectly- (i) foul water into a drain provided for surface water; or (ii) except with the permission of the Mukhya Nagar Adhikari surface water into a drain provided for foul water; or (c) to have his drain made to communicate direct with a storm water overflow drain. (2) Every person desirous of availing himself of the provision of sub-section (1) shall obtain the written permission of the Mukhya Nagar Adhikari and shall comply with such conditions as the Mukhya Nagar Adhikari may prescribe as to the mode in which and the superintendence under which connections with [Corporation]1 drains or other places aforesaid are to be made. (3) The Mukhya Nagar Adhikari may, if he thinks fit, in lieu of giving permission aforesaid under sub-section (2) himself so connect the drain, or sewer after giving notice to the person concerned within fourteen days of the receipt of his application. In any case where the Mukhya Nagar Adhikari proceeds under this sub-section, the reasonable expenses of any work so done shall be paid by the person aforesaid.

235- (1) Where a person proposes to construct a drain, the Mukhya Nagar Adhikari may, if he considers that the proposed drain is or is likely to be needed to form part of a general drainage system which the [Corporation]1 has provided or proposes to provide, require him to construct the drain in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall or otherwise from the manner in which he proposes to construct, and thereupon it shall be the duty of such person to comply with the requisition of the Mukhya Nagar Adhikari. (2) The Mukhya Nagar Adhikari shall reimburse from the [Corporation]1 Fund to the person constructing a drain in accordance with sub- section (1), the extra expenditure reasonably incurred by him in complying with the requisition and until the drain becomes a [Corporation]1 drain, he shall also from time to time reimburse to him from the [Corporation]1 Fund so much of any expenses reasonably incurred by him in repairing or maintaining it as may be attributable to the requisition having been made and complied With.

236- Except as provided by sections 233 and 23A or as may be prescribed, no person shall make or cause to be made any connection of a drain belonging to himself or to some other person with any [Corporation]1 drain or other place lawfully set apart for the discharge of drainage, and the Mukhya Nagar Adhikari may, after giving notice to the person concerned, close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Mukhya Nagar Adhikari in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending

237- (1) If it shall appear to the Mukhya Nagar Adhikari that the, only means or the most convenient means by which the owner or occupier of any premises. can cause his drain to empty into a [Corporation]1 drain or other place lawfully set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Mukhya Nagar Adhikari may, by order in writing, authorize the said owner or occupier to carry his drain into, through or under the said land ill such manner as he shall think fit to allow. (2) No authorization shall be made under sub-section (1), except after notice to the owner of the land and considering-the objection, if any filed by him. (3) Every such order under sub-section (I) bearing the signature of the Mukhya Nagar Adhikari shall be a complete authority to the person in, whose favour it is made, or his agent or servant to enter after reasonable written notice, upon the said land with assistants and, workmen, at any time between sunrise and sunset and to execute the necessary work. (4) Subject to the provision of this Act, the owner or occupier of any premises, any agent or person employed by him for this purpose, may, after giving or tendering to the owner of any land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen at any time between sunrise and sunset and construct a new drain in the place of the existing drain or repair or alter any drain so constructed. (5) In executing any work under this section-as little damage, as may be, shall be done, and the owner or occupier of the premises for the benefit of which, the work is done shall- (a) cause the work to be executed with the least practicable delay; (b) fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said work ; (c) pay compensation to any person who sustains, damage by the execution of the said work. (6) If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was un built upon, shall subsequently at any time desire to erect a building on such land, the Mukhya Nagar Adhikari shall by written notice require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove divert the same in such manner as shall be approved by the Mukhya Nagar Adhikari and to fill in, reinstate and make good the land as if the drain had not peen carried into, through or under the same: Provided that no such requisition shall be made, unless in the, opinion of the Mukhya Nagar Adhikari it is necessary or, expedient, in order to admit of the construction of the proposed building or, the safe enjoyment thereof, that the drain be closed, removed or diverted.

238- Where any premises are, in the opinion of the Mukhya Nagar Adhikari, without sufficient means of effectual drainage and a [Corporation]1 drain or some place lawfully set apart for the discharge, of drainage is situate at distance not exceeding one hundred feet from some part of the said premises the Mukhya Nagar Adhikari may, by written notice, require the owner or occupier of the said premises- - (a) to make a drain of such material, size, description and, laid at such level and according to such alignment and emptying into such [Corporation]1 drain or place aforesaid as the Mukhya Nagar Adhikari may consider necessary or suitable; (b) to provide and set up all such appliances and fittings as may appear to the Mukhya Nagar Adhikari necessary for the purposes of gathering and receiving the drainage from and conveying the same off the said premises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain, or other appliance or thing used or intended to be used for drainage, which in the opinion of the Mukhya Nagar Adhikari is injurious to health or to provide a closed drain in substitution of an open drain or to provide similarly such other appliances or things as he may consider necessary; (d) to provide and set up all such appliances and fittings as may appear to the Mukhya Nagar Adhikari to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts or by down take pipes, so as to prevent such waste water from discharge indirectly on streets or inside any lower portion of the premises.

239- Where any premises are, in the opinion of the Mukhya Nagar Adhikari, without sufficient means of effectual drainage, but no [Corporation]1 drain is situated within one hundred feet from some part of the said pre-mises, the Mukhya Nagar Adhikari may, by written notice, require the owner or occupier of the said premises - (a) to construct a drain up to a point to be prescribed in such notice-but not distant more than one hundred feet from some part of the said premises ; or (b) to construct a closed cesspool of such meterial, size and description in such position, at such level, and with allowance for such fall as the Mukhya Nagar Adhikari thinks necessary and also construct a drain or drains emptying into such cesspool.

240- Subject to the provisions of this Act, the rules and the bye- laws and any other law in that behalf, the occupier of any trade premises may, discharge into the [Corporation]1 drains any trade effluent proceeding from those premises.

241- (1) Where the Mukhya Nagar Adhikari is of the opinion that any group or block of premises, any part of which is situated within one hundred feet of a [Corporation]1 drain, or other place set apart by the [Corporation]1 for the discharge of drainage already existing or about to be constructed, may be drained economically or advantageously in combination than separately, the Mukhya Nagar Adhikari may cause such group or block of premises drained by such method as appears to the Mukhya Nagar Adhikari to be best suited therefor, and the expenses incurred by the Mukhya Nagar Adhikari in so doing shall be paid by the owners of such premises in such proportions as the Mukhya Nagar Adhikari thinks fit. (2) Not less than fifteen days before any work under this section is commenced the Mukhya Nagar Adhikari shall give, written notice to the owners of all the premises to be drained, of- (a) the nature of intended work; (b) the estimated expenses thereof; and (c) the proportion of such expenses payable by each owner. (3) The owners for the time being of the several premises constituting a group or block drained under sub-section (I) shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premise and shall in the proportions in which it is determined that the owners of such premises are to contribute to the expenses incurred by the Mukhya Nagar Adhikari under sub-section (1), be responsible for the expenses of maintaining every such drain in good repair and efficient condition: Provided that every such drain shall from time to time be flushed, cleansed and emptied by the Mukhya Nagar Adhikari at the charge of the, [Corporation]1 Fund.

242- (1) Where a drain connecting any premises with a [Corporation]1 drain or other place lawfully set apart for the discharge drainage, even though such drain is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, is not, in the opinion of the Mukhya Nagar Adhikari, adapted to the general drainage system of the City or the part of the City in which such drain is situated, the Mukhya Nagar Adhikari may- (a) subject to the provisions of sub-section (2), close, discontinue or destroy the said drain and after notice to the owner or occupier of the premises, cause any work necessary for that purpose to be done; (b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rain-water only or for unpolluted sub-soil water only, or for both rain water and unpolluted sub-soil water only, and by written notice require the owner or occupier of the premises to make an entirely distinct drain for rain-water or unpolluted sub-soil water or for both rain-water and unpolluted sub-soil water, or for sullage and sewage. (2) No drain may be closed, discontinued or destroyed by the Mukhya Nagar Adhikari under clause (a) of sub-section (I) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any [Corporation]1 drain or other place aforesaid which the Mukhya Nagar Adhikari thinks fit; and the expense of the construction of any drain so provided by the Mukhya Nagar Adhikari and of any work done under the said clause shall be paid by the Mukhya Nagar Adhikari.

243- Subject to the provisions of sub-section (2) of section 228 every drain which has been constructed, laid, erected or set up, whether at the expense of [Corporation]1 or not, or which is continued for the sole use and benefit of any premises or group of premises shall- (a) notwithstanding anything contained in section 244 vest in the owner of such premises, or group of premises on and from the appointed day; (b) be provided with all such further appliances and fittings as may appear to the Mukhya Nagar Adhikari necessary for the more effectual working of the same, and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleansed and emptied by the Mukhya Nagar Adhikari at the charge of the [Corporation]1 Fund.

244- All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at any time at the charge of the [Corporation]1 Fund or at the charge of the funds of any local authority having jurisdiction in any part of the City before the date of the establishment of the [Corporation]1 upon any premises not belonging to the [Corporation]1 and otherwise than for the sole use and benefit of the premises or group of premises shall, unless the [Corporation]1 has otherwise determined, vest in the Mahaplika.

245- (1) It shall not be lawful newly to erect any building or re-erect any building, or to occupy any building newly erected or re-erected unless and until- (a) a drain be constructed of such size, material and description, at such level and with such fall as shall appear to the Mukhya Nagar Adhikari to be necessary for the effectual drainage of such building; (b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Mukhya Nagar Adhikari to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith. (2) The drain to be constructed as aforesaid shall empty into a [Corporation]1 drain or into some place lawfully set apart for the discharge of drainage situated at a distance not exceeding one hundred feet from the premises in which such building is situated; but if no such drain or place is within that distance then such drain shall empty into such cesspool as the Mukhya Nagar Adhikari may direct.

246- Every owner of a drain connected with a [Corporation]1 drain or other place lawfully set apart for the discharge of drainage shall be bound to allow the use of it to others or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 247.

247- (1) Any person desiring to drain his premises into a [Corporation]1 drain through a drain of which he is not an owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the Mukhya Nagar Adhikari for authority to use such drain or to be declared joint owner thereof. (2) Where the Mukhya Nagar Adhikari is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a [Corporation]1 drain or other place legally set apart for the discharge of drainage is through a drain communicating with such [Corporation]1 drain or place aforesaid but belonging to some person other than the said owner or occupier, the Mukhya Nagar Adhikari, after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no objection is raised or if an objection is raised the same is -disallowed by an order in writing, either authorize the said owner or occupier to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the said premises with the communication drain and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleansing and emptying the joint drain, or otherwise as may appear to him to be equitable. (3) Every such order bearing the signature of the Mukhya Nagar Adhikari shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling as far as possible, the conditions of the said order and after giving to the owner of the drain reason-able written notice of his intention so to do, to enter upon the land in which the said drain is situate with assistants and workmen, at any time between sunrise and sunset, and, subject to all provisions of this Act, to do all such things as may be necessary for- (a) connecting the two drains; or (b) renewing, repairing or altering the connections; or (c) discharging any responsibility attaching to the persons in whose favour the Mukhya Nagar Adhikari's order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof. (4) In respect of the execution of any work under sub-section (3) the person in whose favour the Mukhya Nagar Adhikari's order is made shall be subject to the same restrictions and liabilities which are specified in sub- section (4) of section 237.

248- Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, the Mukhya Nagar Adhikari may require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain-water and unpolluted sub-soil water, or for both rain-water and unpolluted sub-soil water each emptying into separate [Corporation]1 drains or other places lawfully set apart for the discharge of drainage or other suitable places.

249- (1) For the purpose of ventilating any drain or cesspool, whether belonging to the [Corporation]1 or to any other person, the Mukhya Nagar Adhikari may erect upon any premises or affix to the outside any building. or to any tree any such shaft or pipe as shall appear to the Mukhya Nagar Adhikari necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in through, or under any land such appliances as may in the opinion of the Mukhya Nagar Adhikari be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated. (2) Such shaft or pipe shall be erected or affixed or removed in such a manner as may be prescribed. (3) If the Mukhya Nagar Adhikari declines to remove a shaft, or pipe when so required by the owner of the premises, building or tree, upon or to which the same has been erected or affixed, in accordance with the rules made in this behalf, the owner may within fifteen days of the receipt by him of the reply of the Mukhya Nagar Adhikari apply to the Judge for an order that the same be removed. (4) In the hearing and the disposal of the application under sub-section (3), the Judge shall follow such procedure as may be prescribed and the order passed by the Judge shall be final and binding upon the parties. (5) Where the owner of any building or hind cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the Mukhya Nagar Adhikari shall, so far as practicable, reinstate and make good such building, and fill in and make good such land, at the charge of the [Corporation]1 Fund.

250- The Mukhya Nagar Adhikari may cause all or any [Corporation]1 drains to empty into any place, whether within or without the City, and dispose of the sewage at any place whether within or without the City, and in any manner which he shall deem suitable for such purpose: Provided that- (a) the Mukhya Nagar Adhikari shall not cause any [Corporation]1 drain to empty into any place into which a [Corporation]1 drain has not heretofore emptied, or dispose of sewage of any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the [Corporation]1; (b) no [Corporation]1 drain shall be made to empty into any place, and no sewage shall be disposed of at any place or in any manner which the State Government shall think fit to disallow.

251- The Mukhya Nagar Adhikari may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct any work within or without the City or purchase or take on lease any land, building, engine material or apparatus either within or without the City or enter into any arrangement with any person for any period not exceeding twenty years for removal or disposal of sewage within or without the City.

252- (1) It shall not be lawful to construct any water closet or privy for any premises except with the written permission of the Mukhya Nagar Adhikari and in accordance with such terms not being inconsistent with any rule or bye-law for the time being in force, as he may prescribe. (2) In prescribing any such terms the Mukhya Nagar Adhikari may determine in each case- (a) whether the premises shall be served by the water-closeter or by the privy system, or partly by one and partly by the other; and (b) what shall be the site or position of such water-closet or privy. (3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the Mukhya Nagar Adhikari may, after giving not less than ten days no lice to the owner or occupier of such premises, close such water-closet or privy and alter or demolish the same, and expenses incurred by the Mukhya Nagar Adhikari in so doing shall be paid by such owner or occupier or by the per3011 offending.

253- (1) It shall not be lawful to erect or to re-erect or convert within the meaning of section 315 any building for, or intended for, human habitation at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation and such urinal accommodation and accommodation for bathing or for the washing of clothes and domestic utensils of such building as the Mukhya Nagar Adhikari may prescribe. (2) In prescribing any such accommodation the Mukhya Nagar Adhikari may determine in each case- (a) whether such building or work shall be served by the water-closet or by the privy system, or partly by' one and partly by the other; (b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number' (3) In determining the accommodation to be required under sub- section (2) the Mukhya Nagar Adhikari shall have regard to the necessity of providing adequate and suitable water-closet or privies and bathing places for domestic servants employed by the occupants of the building.

254- The Mukhya Nagar Adhikari shall provide and maintain in proper and convenient situations water-closets, latriens, privies and urinals, and other similar convenience, for public accommodation.

255- (1) All drains, ventilation shafts and pipes, cesspools, house- gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the [Corporation]1 or which have been constructed, erected or set up at the charge of the [Corporation]1 Fund on premises not belonging to the [Corporation]1, for the use or benefit of the owner or occupier of the said premises, shall be open to, inspection and examination by the Mukhya Nagar Adhikari. (2) The Mukhya Nagar Adhikari may, in the course of an inspection or examination under sub-section (I) obtain and take away a sample of any trade effluent which is passing from the premises inspected or examined in to a [Corporation]1 drain. The analysis of such sample shall be made in the manner prescribed. (3) The results of any analysis of the sample taken under sub-section (2) shall be admissible as evidence in any legal proceedings under this Act.

256- For the purpose of such inspection or examination the Mukhya Nagar Adhikari may cause the ground or any portion of any drain or other work exterior or to a building, which he shall think fit ,to be opened, broken up or removed : Provided that in the prosecution of any such inspection and examination as little damage as possible shall be done.

257- When as a result of any inspection or examination under section 255 the Mukhya Nagar Adhikari finds that any drain, ventilation-shaft or pipe, cesspool, house-gully, water closet, privy, latrine, urinal or bathing or washing place is not in good order or condition or, except when the same has been erected by or under the order of the Mukhya Nagar Adhikari, if it has been constructed in contravention of any of the provisions of this Act or the rules or bye-laws or of any enactment for the time being in force, the Mukhya Nagar Adhikari may require the owner by written notice to remove the defect in such manner as he may, subject to any rules or bye- laws in force, direct.

258- (1) No person shall- (a) in contravention of any of the provisions of this Act or rules or bye-laws or of any notice issued or direction given under this Act or without the written permission of the Mukhya Nagar Adhikari, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy, or change any drain, ventilation shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith; (b) without the written permission of the Mukhya Nagar Adhikari, renew, rebuild or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or the bathing or washing place or any fitting or appliance, which has been or has been ordered to be discontinued, demolished or stopped up under any of the provisions of this Act or the rules or bye-laws; (c) without the written permission of the Mukhya Nagar Adhikari, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cesspool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place; Provided that nothing in this clause shall apply to any weather- shade in width hot exceeding three feet over any window which does not front a wall or window of any adjoining house; (d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain any brick, stone, earth, ashes, dung or any substance or matter which is likely to injure the drain or interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; (e) pass or permit or cause to be passed, into any drain provided for a particular purpose any matter or liquid for the conveyance of which such drain has not been provided; (f) except as provided by or under this Act cause or suffer to be discharged into any drain any chemical refuse or waste steam or any liquid of temperature higher than one hundred and twenty degrees Fahrenheit, being refuse or steam which when so treated is, either along or in combination with the contents of the drain dangerous or the cause of a nuisance or prejudicial to health; (g) cause or suffer to be discharged into any drain, carbide of calcium or any such crude petroleum, any such oil made from petroleum, coal, shale or bituminous substances, or such product of petroleum or mixture containing petroleum as gives off under test an inflammable vapour at a temperature of less than seventy-three degrees Fahrenheit. (2) If the person carrying out any work or doing any act in contravention of the clauses of sub-section (1) is not at the time of notice the owner of such building or work then the owner of such building or work shall be deemed to have been responsible for carrying out all such requisitions in the same way as the person so earring out would have been liable.

259- (1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fittings or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings. (2) If any such water-closet, privy, urinal or bathing or washing place or any fitting or appliance in connection therewith or the approaches thereto or the walls, floors or seats or anything used in connection there-with are in such a state as to be nuisance or source of annoyance" to any inhabitants of the locality or passer-by for want of proper cleaning thereof, such of the persons having the use thereof as may be in default or in the absence of evidence as to Which of the persons having the use thereof in common is in default, every such person shall be deemed to have con-travened the provisions of this section. (3) The provisions of this section shall not exempt the owner of the building or buildings from any penalty to which he may otherwise have rendered himself liable.

260- The State Government may, by order which shall be published in the official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provision and rules so applied shall have effect in that area as if it were within the City.

261- Any person aggrieved by- (a) a declaration under sub-section (1) of section 229, or (b) notice under sub-section (1) of section 230 to connect the drain, or sewer, or (c) the requisition of the Mukhya Nagar Adhikari under sub-section (1) of section 235 to construct a drain in a different manner, or (d) a notice of the Mukhya Nagar Adhikari under section 236 of his intention to close, demolish, alter or remake any connection, or (e) an order of the Mukhya Nagar Adhikari under sub-section (1) of section 237 authorizing an owner or occupier to carry his drain, into, through or under the land of another person, or (f) a notice of the Mukhya Nagar Adhikari under sub-section (6) of section 237 requiring the owner or occupier of any premises to close, remove or divert the drain in a particular manner, or (g) a notice of the Mukhya Nagar Adhikari under section 239, or (h) a notice under clause (a) or a direction Or notice under clause (b), of sub-section (1) of section 242 issued by the Mukhya Nagar Adhikari, or (i) a notice under sub-section (3) of section 252 of the Mukhya Nagar Adhikari's intention to close any water-closet or privy or to alter or demolish it, or (j) a notice under section 257 requiring the owner to remove defects in any washing place, may, within the prescribed time and in the prescribed manner, appeal to the Judge.

262- (1) The State Government may make rules for the purposes of carrying into effect the provisions of the Chapter. (2) Without prejudice to the generality of the foregoing powers such rules may provide for- (a) filing and disposal of objections to any notice under sub-section (3) of section 229 ; (b) the conditions and restrictions to be observed with reference to drains; (c) the construction maintenance, improvement, alteration and discontinuance of drains; (d) the conditions for connections with [Corporation] drains; (e) the conditions on which occupiers of trade premises may discharge any trade effluent into [Corporation] drains; (f) the manner in which samples of trade effluent shall be analysed : (g) the conditions to be observed in erecting or affixing ventilation shafts or pipes under section 249 ; (h) the construction, position and maintenance of water-closets, privies, urinals, bathing places or washing places; (i) the manner in which the Mukhya Nagar Adhikari shall exercise his powers under sections 255 and 256 ; (j) payment of expenses of inspection and examination under sections 255 and 256 ; (k) the manner of filing and disposal of appeals filed under section 261 and the period within which appeals may be filed.

263- For the purposes of providing the City with a supply of water, proper and sufficient, for public and private purposes, the Mukhya Nagar Adhikari may, subject to the provisions of this Act, construct, maintain, repair, alter, improve and extend waterworks either within or without the City or close any such work and substitute other such works and for the purposes aforesaid do all such acts as may be incidental or necessary, including in particular- (i) the carrying of such works through, across, over or under any street or place and after reasonable notice in writing to the owner or occupier, into, through, over or under any building or land; (ii) purchasing or taking on lease any waterworks or right to store or to take or convey water either within or without the limits of [Corporation]1.

264- (1) The State Government may appoint any person for the purposes of inspecting any waterworks referred to in section 263 or any water connection and such person shall have liberty to enter upon and inspect any such waterworks or water connection. (2) The Mukhya Nagar Adhikari and any person appointed under sub-section (1) may, for the purpose of inspecting, repairing Or executing any work in, upon or in connection with any waterworks, or water connection at all reasonable times- (a) enter upon and pass through any land within or without the City, adjacent to or in the vicinity of such waterworks, or water connection in whomsoever such land may vest; (b) cause to be conveyed into and through any such land all necessary men, materials, tools and implements. (3) In the exercise of any power conferred by this section, as little damage as can be, shall be done, and compensation for any damage which may be done in the exercise of any of the said powers-shall be paid from the funds of the [Corporation], (4) Where any. person has been appointed by the State Government for the purposes of inspection under sub-section (1) he shall, as soon as may be, submit his report to the Mukhya Nagar Adhikari who shall without delay lay it before the Executive Committee which shall then forward it to the State Government with its comments. (5) The State Government shall upon receipt of the report with the comments, if any, of the Executive Committee, consider it and communicate its decision to the [Corporation]1 and the [Corporation]1 shall be bound to implement the decision of he State Government, subject to funds being available for the purpose.

265- The Mukhya Nagar Adhikari shall provide, maintain and repair fire-hydrants and all incidental works for the supplying of water in case of fire at all such places as shall be deemed to be necessary.

266- (1) For the purpose of carrying, renewing and repairing water mains, pipes and ducts within or without the City, the Mukhya Nagar Ahdikari shall have the same powers and be subject to the same restrictions as he has, and is subject to, under the provisions hereinbefore contained for carrying, renewing and repairing drains within the City. (2) This section shall apply in respect of carrying, renewing and repairing private water-mains, pipes and ducts as it applies in respect of carrying, renewing, and repairing, [Corporation]1 water-mains, pipes and ducts.

267- (1) Except with the prior written sanction of the Mukhya Nagar Adhikari, no person shall erect or re-erect any building, wall or structure of any kind or construct any street or minor railway over any [Corporation]1 water-mains. (2) Except with the permission of the [Corporation]1, no person shall-- (a) erect any building for any purpose whatsoever on any part of such area as shall be demarcated by the Mukhya Nagar Adhikari near any lake, tank, well, reservoir or river from which a supply of water is derived for a [Corporation] water- works; (b) remove, alter, injure, damage or in any way interfere with the demarcation works of the area aforesaid; (c) extend, alter or apply to any purpose different to that which the same has been heretofore applied, any building already existing within the area aforesaid; or (d) carryon, within the area aforesaid, any operation of manufacture, trade or agriculture in any manner or do any act what so ever, whereby injury may arise to any such lake, tank, well, reservoir or river or to any portion thereof or whereby the water of any such lake, tank, well, reservoir or river may be fouled or rendered less wholesome. (3) Except as hereinafter provided, no person shall- (a) cause or suffer to percolate or drain into or upon any [Corporation]1 waterworks or to be brought there into or thereupon anything or to be done any act, whereby the water therein may in any way be fouled or polluted or its quality altered: (b) alter the surface of any [Corporation]1 land adjacent to or forming part of any such work by digging therein to or depositing thereon any substance; (c) cause or suffer to enter into the water in such work any animal; (d) throw or put anything into or upon the water in such work; (e) bathe in or near such work; or (f) wash or cause to be washed in or near such work any animal or thing.

268- (1) For any building, wall or structure erected or re-erected in contravention of the provisions of sub-section (I) of section 267 or any building erected in contravention of clause (a) of sub-section (2) of section 267, the Mukhya Nagar Adhikari may, with the approval of the Executive Committee, cause the same to be removed or otherwise dealt with as shall appear fit to him and the expenses thereby incurred shall be paid by the person offending. (2) If any person persists in acting in contravention of the provisions of clauses (b), (c) and (d) of sub-section (2) of section 267, the Mukhya Nagar Adhikari may, with the approval of the Executive Committee, take measures including the use of such minimum force, as may be necessary, to stop further contravention of the provisions of the aforesaid clauses. (3) The Mukhya Nagar Adhikari may by notice require the owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir, river or other source from which water is, or may be; derived for public use, to remove or close the same within one week from the service of such notice and if such owner or occupier fails to comply with the demand within the time allowed, the Mukhya Nagar Adhikari, may cause the same to be removed or closed and the expenses thereby incurred shall be paid by the person offending .

269- Where water-tax is levied on any building or land it shall be incumbent on the Mukhya Nagar Adhikari to make provision; for supply of water to owners and occupiers of such buildings or land in such manner, during such time and in such quantity as may be prescribed by rules: Provided that the Mabapalika shall not be liable to any forfeiture, penalty or damages for failure to supply water if the same arises from accident or from unusual drought or other unavoidable causes.

270- (1) No person shall fraudulently dispose of any water supplied to him by the [Corporation]1. (2) No person to whom a private supply of water is furnished by the [Corporation]1 shall, except when the water-supply is charged for by measurement, permit any person who does not reside on premises in respect of which water taxis paid to carry away water from the premises to which it is supplied. (3) No person who does not reside on premises in respect of which water-tax is paid shall carry away water from any premises to which the private supply is furnished by the [Corporation]1, unless in any case in which supply is charged for by measurement, he does so with the permission of the person to whom the said supply is furnished.

271- (1) The State Government may make rules for the purpose of earring into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing powers such rules may provide for- (a) the maintenance, cleansing, efficient running and closure of a private water course, etc. within the limits of the [Corporation]1; (b) the provision for suitable measures for the inspection, disinfecting of any well, tank or other places from which water is likely to be taken for the purpose of drinking and for such steps as may be deemed necessary to prevent removal of water from the same; (c) the supply of water by agreement to any owner or occupier of a land or building within the limits of the [Corporation]1 with conditions and rates therefor; (d) purpose for the supply of water; (e) precedence in' the matter of supply of water for domestic purpose over all other purposes ; (f) the installation of water meters and connection pipes; (g) the size and nature of the meters, pipes, stand-pipes or pumps and hydrants, the manner in which they will be laid, constructed, controlled and maintained, with a view to maintain an efficient supply of water; (h) the mains or pipes in which fire plugs are to be fixed and the places at which keys of the fire plugs are to be deposited; (i) the periodical analysis by a qualified analyst of the water-supply by the [Corporation]1; (j) the conservation and prevention of injury or contamination to sources and means of water supply and appliances for the distribution of water, whether within or without the limits of the [Corporation]1 ; (k) the manner in which' connections with water works may be constructed or maintained and the agency which shall or may be employed for such construction or maintenance; (l) the regulation of all matters for the supply of water including the turning on and turning off and preventing the waste of water, and (m) the supply of water outside the limit of the [Corporation]1 and the collection of water-taxes and of charges relating to such supply and the prevention of evasion of the taxes

272- (1) Subject to any special reservation made by the State Government from time to time all streets within the City being, or which at any time become, public streets, except streets which on the appointed day vested in the State Government or the Central Government or after the said day may be constructed and maintained by an authority other than the Mabapalika, with the soil, sub-soil and the side drains, foot ways, pavements, stones and other materials thereof, shall vest in the [Corporation]1 and be under the control of the Mukhya Nagar Adhikari. (2) The State Government may after consulting the [Corporation]1 by notification withdraw any such street with the soil, sub-soil and the side drains, footways, pavements, stones and other materials thereof from the control of the [Corporation]1.

273- (1) The Mukhya Nagar Adhikari shall from time to time cause all public streets vested in the [Corporation]1 to be levelled, metalled or paved, channelled, altered and repaired as occasion shall require, and may also from time to time widen, extend or otherwise improve any such street or cause the soil to be raised, lowered, or altered and may place and keep in repair fences and posts for the safety of pedestrians: Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees or such higher amount as the [Corporation]1 may from time to time fix, shall be undertaken by the Mukhya Nagar Adhikari unless or until such undertaking has been authorised by the [Corporation]1. (2) With the sanction of the [Corporation]1 given in accordance with the rules and bye-laws in force in that behalf, the Mukhya Nagar Adhikari may turn, divert, discontinue the public use of, or permanently close the whole or any part of a public street vested in the [Corporation]1 and upon such closure may, subject to the previous sanction of the State Government and the [Corporation]1 dispose of the site of such street, or of the portion thereof which has been closed, as land vesting in the [Corporation]1.

274- The Mukhya Nagar Adhikari when authorized by the [Corporation]1 in this behalf, may at any time- (a) layout and make a new public street; (b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the [Corporation]1, and may further agree that such street shall, on completion, become a public street and vest in the [Corporation]1 ; (c) construct tunnels, bridges, causeways and other works subsidiary to the layout and making of a new public street; (d) divert or turn an existing public street vested in the [Corporation]1 or a portion thereof.

275- (1) The [Corporation]1 shall from time to time specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations. (2) The width of a new public street made under section 274 shall not be less than prescribed under sub-section (I) for the class to which. it belongs, and no steps and, except with the written permission of the Mukhya Nagar Adhikari under section 293 no other projections shall project over or extend into any such street. (3) The Mukhya Nagar Adhikari may, with the approval of the Executive Committee, by written notice require the owner or occupier of any premises to remove or to take such order as he may direct with any premises to remove or to take such order as he may direct with any projection existing within the minimum width of any street specified, under sub-section (1): Provided that if in any such case the projection was lawfully erected or setup compensation shall be paid by the Mukhya Nagar Adhikari to every person who sustains loss or damage by the removal or alteration thereof.

276- The Mukhya Nagar Adhikari when authorized by the [Corporation]1 in this behalf, may agree with any person- (a) to adopt and maintain any existing or projected sub-way, bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, viaduct or arch and approaches as parts of public streets, or as property vested in the [Corporation]1, or (b) for the construction or alteration of any such sub-way, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the [Corporation]1.

277- (1) It shall be lawful for the Mukhya Nagar Adhikari with the sanction of the [Corporation]1 to- (a) prohibit vehicular traffic in any particular public street vesting in the [Corporation]1 so as to prevent danger, obstruction or in-convenience to the public by fixing up posts at both ends of such street or portion of such street; (b) prohibit in respect of all public streets, or particular public streets the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause' injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians along or over such street or streets, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadways, number of lights and assistants, and other general precautions and the payment of special charges as may be specified by the Mukhya Nagar Adhikari generally or specially in each case. (2) Notices of such prohibition as are imposed under sub-section (I) shall be posted up in conspicuous places at or near both ends of the- public streets or portions thereof to which they relate, unless such prohibitions apply generally to all public streets.

278- (1) The Mukhya Nagar Adhikari may, subject to the provisions of this Act and the rules- (a) acquire any land required for 'the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge or sub-way or of making any new public street, bridge or sub-way and the buildings, if any, standing upon such land; (b) acquire in addition to the said land and the buildings, if any, standing thereon, all such land with the buildings, if any, standing thereon, as it shall seem expedient in the public interest to acquire outside of the regular line, or of the intended regular line, of such streets; (c) lease, sell or otherwise dispose of any land or building acquired under clause (b). (2) The acquisition of land for providing, extending or improving a place for the parking of vehicles shall be deemed to be acquisition of land for the purpose of providing, extending or improving a public street. (3) Any conveyance of land or of a building under clause (c) of sub- section (1) may comprise such conditions as the Mukhya Nagar Adhikari thinks fit, as to the removal of the existing building, the description of new building to be erected, the period within which such new building shall be completed and other such matters.

279- (1) The Mukhya Nagar Adhikari may prescribe a line on one or both sides of any public street: Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a line prescribed under this Act until a fresh line is prescribed by the Mukhya Nagar Adhikari under this section : Provided further that whenever it is proposed to prescribe a fresh line in substitution for any existing line or for any part thereof, previous approval of the Executive Committee shall be had. (2) The line for the time being prescribed shall be called the regular line of the street. (3) A register with plans attached shall be kept by the Mukhya Nagar Adhikari showing all public streets in respect of which a regular line of the street has been prescribed and such register shall contain such particulars as to the Mukhya Nagar Adhikari may appear to be necessary and shall be open to inspection by any person upon payment of such fee as may from time to time be prescribed by the Executive Committee. (4) (a) Subject to the provisions of sub-section (5) no person shall construct or reconstruct any portion of any building on arid within the regular line of the street except with the written permission of the Mukhya Nagar Adhikari and in accordance with the conditions imposed therein and the Muhkya Nagar Adhikari shall in every case in which he gives such permission, at the same time, report his reasons in writing to the Executive Committee. (b) No person shall construct or re-construct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the Mukhya Nagar Adhikari : Provided that if, within sixty days after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the Mukhya Nagar Adhikan fails to acquire the land within the regular line of the street under section 282, the person may, subject to any other provisions of this Act or the rules or bye-laws, proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be. (5) (a) When the Mukhya Nagar Adhikari grants permission under clause (a) of sub-section (4) for the construction or reconstruction of. any building on land within the regular line of the street he may require the owner of the building to execute an agreement binding himself and his successors in-title not to claim compensation in the event of the Mukhya Nagar Adhikari at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the Mukhya Nagar Adhikari. (b) The Mukhya Nagar Adhikari may before granting such permission require the owner to deposit in the [Corporation]1 office an amount sufficient in his opinion to cover the cost of removal and such compensation, as may be payable to any successor-in-title or transferee of such building.

280- (1) If any building or any part of a building abuting on a public street is within the regular line of the street, the Mukhya Nagar Adhikari may, whenever it is proposed- (a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or (b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street, require such building to be set back to the regular line of the street. (2) When any building or any part thereof within the regular line of the street falls down or is burnt down or is taken down whether under the provision of this Act or otherwise, the Mukhya Nagar Adhikari may at once take possession on behalf of the [Corporation]1 of the portion of land within the regular line of the street theretofore occupied by the said building and, if necessary, clear the same. (3) Land acquired under this section shall thence forward be deemed a part of the public street and shall vest, as such, in the [Corporation]1.

281- (1) Where any building or any part thereof is within the regular line of a public street and if, in the opinion of the Mukhya Nagar Adhikari it is necessary to set back the building to the line of the street he may, if the provisions of section 280 do not apply, by written notice require the owner of such building to show cause within a period to be specified, why such building or any part thereof which is within the regular line of the street be not pulled down and the land within the said line acquired by the Mukhya Nagar Adhikari. (2) If in pursuance of the notice under sub-section (1) the owner fails to show sufficient cause to the satisfaction of the Mukhya Nagar Adhikari the Mukhya Nagar Adhikari may, with the approval of the Executive Committee, require the owner by a written notice to pull down the building or the part thereof which is within the. regular line of the street within a period to be specified in the notice. (3) If within the period specified in the notice under sub-section (2) the owner of such building fails to pull down the building or any part thereof coming within the said line, the Mukhya Nagar Adhikari may pull down the same and recover all the expenses incurred in so doing from the Owner. (4) The Mukhya Nagar Adhikari shall also take possession on behalf of the [Corporation]1 of the portion of the land within the said line thereto- fore occupied by the said building and such land shall then ceforward be deemed a part of the public street and shall vest, as such, in the [Corporation]1. (5) Nothing in this section shall be deemed to apply to buildings vesting in the State.

282- If any land not vesting in the [Corporation]1 whether open or closed, lies within the regular line of a public street and is not occupied by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or a portion or a platform, verandah, step, compound wall, hedge, or fence or other such structure, is within the regular line of such street, the Mukhya Nagar Adhikari may, after giving to the owner of the land or building not less than fourteen clear days written notice of his Intention to do so, and after hearing any objection which may be filed during this time take possession on behalf of the [Corporation]1 of the said land within its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other such structure as afore said or of the portion of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and, if necessary, clear the same and the land so acquired, shall thenceforward be deemed a part of the public street: Provided that when the land or building is vested in the State Government or the Central Government, possession shall not be taken as aforesaid, without the previous sanction of the Government concerned and, when the land or building is vested in any [Corporation]1 constituted by any law for the time being in force, possession shall not be taken as aforesaid, without the previous sanction of the State Government.

283- (1) If a building or land is partly within the regular line of a public street and if the Mukhya Nagar Adhikari is satisfied that the land remaining after the exclusion of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the [Corporation]1. (2) Such surplus land may thereafter be utilized for the purpose of setting forward of buildings under section 284.

284- (1) If any building which abuts on a public street is in rear of the regular line of such street, the Mukhya Nagar Adhikari may, when-ever it is proposed- (a) to rebuild such building, or (b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one- half of such building or portion thereof above the ground level, such half to be measured in cubic feet, in any order which he issues concerning the rebuilding, alteration or repair of such building, permit or with the approval of the Executive Committee, require such building to be set forward to the regular line of the street. (2) For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed to be a sufficient compliance with a permission or requisition to set forward a building to the regular line of a street if a wall of such materials and dimensions as are approved by the Mukhya Nagar Adhikari, is erected along the said line.

285- (1) Compensation shall be paid by the Mukhya Nagar Adhikari to the owner of any building or land required for a public street under sections 280,281,282 or 283 for any loss which such owner may sustain inconsequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Mukhya Nagar Adhikari : Provided that- (i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be, taken into consideration and allowed for in determining the amount of such compensation; (ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the Mukhya Nagar Adhikari may recover from such owner half the amount of such excess as a betterment charge. (2) If in consequence of an order to set forward a building made by the Mukhya Nagar Adhikari under section 284, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Mukhya Nagar Adhikari for such loss or damage after taking into, account any increase in value likely to accrue from the set-forward. (3) If the additional land which will be included in the premises of any person required or permitted under section 284 to set forward a building belongs to the [Corporation]1, the order or permission of the Mukhya Nagar Adhikari to set forward the building shall be sufficient conveyance to the said ow.ner of the said land and the price to be paid to the [Corporation]1 by the said owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the said order or permission. (4) If, when the Mukhya Nagar Adhikari requires a building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the [Corporation]1 or any of the other terms or conditions of the conveyance, the Mukhya Nagar Adhikari, shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him refer the case for the determination of the Judge.

286- If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as site for the construction of buildings, he shall save in such cases as the site or sites may abut on an existing public or private street, lay down and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.

287- (1) Every person who intends- (a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon; (b) to divide land (whether un-built or partly built) into building plots; or (c) to use any land or a portion thereof or permit the same to be used for building purposes; or (d) to make or layout a private street, whether it is intended to allow the public a right of passage or access over such street or not; shall give written notice of his intention to the Mukhya Nagar Adhikari in the manner laid down in the rules and bye-laws. (2) The Mukhya Nagar Adhikari shall proceed with the notice under sub-section (1), in the manner prescribed by rules and bye-laws and subject to such general directions as the Executive Committee may give in this behalf from time to time, determine the laying out of land for building, the dimensions and area of each building plot, the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or on either side of such street; Provided that if the Mukhya Nagar Adhikari neglects or omits for sixty days after the receipt of t he notice under sub-section (1) or of the plans, sections, descriptions, schemes, or further information, if any, called for under the rules, to communicate to the person who gave the notice his disapproval with regard to any of the matters such person may, by a written communication call the attention of the Mukhya Nagar Adhikari to the neglect or omission and if such neglect or omission continues for a further period of thirty days from the date of the receipt of the written communication by the Mukhya Nagar Adhikari, the proposal of the said person shall be deemed to have been approved by the Mukhya Nagar Adhikari : Provided further that nothing contained herein shall be construed to authorize any person to act in contravention of any provisions of the Act or any bye-laws. (3) When the Mukhya Nagar Adhikari signifies in writing to the said person his approval of the said work under certain conditions or without any conditions, or when the said work is deemed to have been approved by the Mukhya Nagar Adhikari as aforesaid, the said person may at any time Within one year from the date of the delivery of the notice under sub-section (1) to the Mukhya Nagar Adhikari, proceed with the said work in accordance with the intention-as described in the notice or in any of the documents aforesaid and in accordance with the condition, if any, prescribed by the Mukhya Nagar Adhikari, but not so as to contravene any of the provisions of this Act or any rule or bye-law.

288- (1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or layout any private street- (a) without complying with the provisions of section 286: (b) unless such person has given previous written notice of his intention as provided in section 287 nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any), as may have been fixed and determined under sub-section (2) of section 287; (c) after the expiration of the period of one year specified in sub-section (3) of section 287: Provided that if a person who is entitled to proceed with any work under sub-section (3) of section 287 fails so to do within the period of one year specified therein he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under sub-section (1) of section 287; (d) unless such person gives written notice to the Mukhya Nagar Adhikari of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven days of the date mentioned in the notice. (2) If any act be done or permitted in contravention of this section the Mukhya Nagar Adhikari may by written notice require any person doing or permitting such act- (a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the Mukhya Nagar Adhikari, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the Mukhya Nagar Adhikaari, or, if that be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorized work, or (b) to attend personally or by an agent duly authorized by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid. (3) If such person shall fail to show cause to the satisfaction of the Mukhya Nagar Adhikari why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the Mukhya Nagar Adhikari may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person. (4) In a case of contravention of the provisions of section 286, the Mukhya Nagar Adhikari, may, instead Of taking action as provided in sub-section (3), proceed to make a street or streets or road or roads giving access to the site or sites referred to in section 286 and connecting with an existing public or private street and recover the amount of expenditure incurred in doing so from the owner or owners of the site or sites in such proportion or in such manner as may be prescribed.

289- (1) If any private street or any other means of access to a building be not levelled, metalled, flagged or paved, sewered, drained, channelled, lighted, or provided with trees for shade to the satisfaction of the Mukhya Nagar Adhikati, he may, with the sanction of the Executive Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section to carry out anyone or more of the aforesaid requirements in such manner as he shall direct. (2) If the requirement or requirements is or are not carried out within the time and in the manner specified in the notice, the Mukhya Nagar Adhikari may, if he thinks fit, carry out the same and the expenses incurred shall be recovered from the owner or owners in default under Chapter XXI. (3) Where the recovery is to be made from two or more owners in default, it shall be made according to the frontage of their respective premises and in such proportion as may be settled by the Executive Committee.

290- (1) When any private street has been levelled, metalled, flagged or paved, sewered, drained, channelled and made good to the satisfaction of the Mukhya Nagar Adhikari he may and, upon the request of the owners or of any of the owners of such street, shall, if lamp-posts and other apparatus necessary for lighting such street have been provided to his satisfaction, declare the same to be a public street by notice in writing put up in any part of such street, and thereupon the same shall become a public street and vest in the [Corporation]1 as such: Provided that no such street shall become a public street, if, within one month after such notice has been put up, the owner of such street or the greater part thereof shall by notice in writing to the Mukhya Nagar Adhikari, object thereto. (2) The Mukhya Nagar Adhikari may, by public notice in writing put up in any part of a street which is not a public street and is not covered by sub-section (I), give intimation of his intention to declare the same a public street. Within two months after such notice has been so posted up the owner or owners of such street may lodge objections at the office of the [Corporation]1 against the notice. The Executive Committee shall consider the objections lodged and if it rejects them the Mukhya Nagar Adhikari shall by further public notice posted up in such street or such part declare the same to be a public street.

291- If a portion only of any street is a public street, the other portion of such street may for all purposes of sections 289 and 290 be deemed to be a private street.

292- (1) Except as provided in section 293, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture, which will- (a) overhang, jut or project into, or in any way encroach upon or obstruct in any way the safe or convenient passage of the public along, any street, or (b) jut or project into or encroach upon any drain or open channel in any street, so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof. (2) The Mukhya Nagar Adhikari may, by written notice, require the owner or occupier of any premises to remove or to take such other order as he may direct with any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises in contravention of this section or of any law in force in the City on the day immediately preceding the appointed day. (3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit in account with the owner of the premises for all reasonable expenses incurred by him in complying with the said notice. (4) If any such structure or fixture as is described in sub-section (1) has been erected, set up, added to, or placed against or in front of any premises at any time before the first day of April, 1901, the Mukhya Nagar Adhikari may give notice as aforesaid to the owner or occupier of the said premises: Provided that if in any such case the structure or fixture was lawfully erected, set up, added to or placed, compensation shall be paid by the Mukhya Nagar Adhikari to every person who sustains loss or damage by the removal or alteration thereof:

293- (1) The Mukhya Nagar Adhikari may give a written permission; on such terms as he shall in each case think fit, to the owner or occupier of any building abutting on any street- (a) to erect an arcade over such street or any portion thereof, or (b) to put up a verandah, balcony, arch, connecting passage, sunshade, weather-frame, canopy, awning or other such structure or thing projecting from any storey over or across any street or portion thereof: Provided that no permission shall be given by the Mukhya Nagar Adhikari for the erection of an arcade in any public street in which the construction of arcade has not been generally sanctioned by the [Corporation]1 or where the width of the street between kerbs is less than sixty feet. (2) The provisions of section 292 shall not be deemed to apply to any arcade, verandah, balcony, arch connecting passage, sun-shade, weather frame, canopy, awning or other structure or thing erected or put up under and in accordance with the terms of a permission granted under this section. (3) The Mukhya Nagar Adhikari may at any time, by written notice, require the owner or occupier of any building to remove a verandah, balcony, sunshade, weather-frame or the like put up in accordance with the provisions of sub-section (1) and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.

294- (1) No door, gate, bar or ground floor window shall without a licence from the Mukhya Nagar Adhikari, be hung or placed so as to open outwards upon any street. (2) The Mukhya Nagar Adhikari may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street, in such manner as, in the opinion of the Mukhya Nagar Adhikari, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.

295- (1) No person shall, except with the permission of the Mukhya Nagar Adhikari under section 293 or 300 erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture, in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy. any portion of such street, channel, drain, well or tank: Provided that nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (I) of section 302 applies. (2) No person shall except with the written permission of the Mukhya Nagar Adhikari-- (a) place or deposit upon any street, or upon any open channel, drain or well in any street or in any public place any stall, chair, bench, box, ladder, bale or other thing whatever, so as to form an obstruction thereto or encroachment thereon; (b) project at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street, or over any open channel, drain, well or tank in any street; (c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever: Provided that nothing in clause (a) applies to building materials. (3) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or house-hold, in any public street and any animal tethered as aforesaid may be removed by the Mukhya Nagar Adhikari, or by any [Corporation]1 officer or servant, who shall deal therewith as with an animal found straying.

296- The Mukhya Nagar Adhikari, may, without notice, cause to be removed- (a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature or any fixture which shall be erected or set up in or upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act after the appointed day; (b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act; (c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of" this Act and any vehicle, package, box or any other thing in or on which such article is placed.

297- The Mukhya Nagar Adhikari may, by notice, require the Owner or occupier of any land to cut or trim the hedges growing thereon and bordering 0n a street, or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.

298- When a private house, wall or other erection or any thing fixed thereto or a tree shall fall down and obstruct a public drain or encumber a street the Mukhya Nagar Adhikari may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter XXI, or may, by notice, require the owner to remove the same within a time to be specified in the notice.

299- (1) The Mukhya Nagar Adhikari may, by written notice, require the owner or occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture which it would be unlawful to erect or set up under this Act, has been erected or set up before the appointed day, to remove the said wall, fence, rail, post, step, stall or other structure or thing. (2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to gave him a prescriptive title (or where such period is less than thirty years, a period of thirty years), or that it was erected with the consent of any [Corporation]1 authority duly empowered in that behalf, and that the period, if any, for which the consent is valid has not expired, the [Corporation]1 shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.

300- With the concurrence of the District Magistrate or such other officer as the District Magistrate may nominate in this behalf from time to time the Mukhya Nagar Adhikari may grant a written permission for the temporary erection of a booth and any other such structure on any such street on occasions of ceremonies and festivals.

301- Whenever there is any work in execution in or near to any street on behalf of the [Corporation]1 the Mukhya Nagar Adhikari shall take such step in regard to safety and convenience as he may be required to take under the rules. Whilst any such work as aforesaid or any work which may lawfully be executed in a street is in progress the Mukhya Nagar Adhikari may in the manner laid down in rules close the street wholly or partly for traffic or for traffic of any such description as he may deem fit.

302- (1) No person other than the Mukhya Nagar Adhikari or a [Corporation]1 Officer or servant as such shall, without the written permission of the Mukhya Nagar Adhikari or without other lawful authority- (a) open, break up, displace, take up or make any alteration, in or cause any injury to, the soil or pavement, or any wall, fence, port; chain or other material or thing forming part of any street or in any open space vested in the [Corporation]1; (b) deposit any building materials in any street or open space vested in the [Corporation]1; (c) set up in any street or open space vested in the [Corporation]1 any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, board or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials. (2) Any permission granted under clause (b) or (c) of sub-section (1) shall be terminable at the discretion of the Mukhya Nagar Adhikari, on his giving not less than twenty-four hours written notice of the termination thereof to the person to whom such permission was granted. (3) The Mukhya Nagar Adhikari may, without notice- --- (a) cause the soil or pavement or any wall, fence, post, bar or other material or thing forming part of the street to be restored to the condition it was in or alteration or injury made or done without the permission of the Mukhya Nagar Adhikari under sub-section (1) ; (b) except in cases in which permission has been applied for under clause (b) of sub-section (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application, cause to be removed any building materials, or any scaffold, or any temporary erection, or any posts, bars, rails, boards or other things by way of enclosure, which have been deposited or set up in any street without the permission or authority specified in sub-section (1), or which, having been deposited or set up with such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2).

303- (1) Every person to whom any permission is granted under section 302 shall, at his own expense, cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials, or set up any scaffold, erection or other thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night. (2) Every person to whom permission is granted under section 302 to open or break up the soil or pavement of any street, or who, under other lawful authority, opens or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up without delay to the satisfaction of the Mukhya Nagar Adhikari : Provided that if the said person shall fail to reinstate and make good the street or pavement as aforesaid, the Mukhya Nagar Adhikari may restore such street or pavement, and the expenses incurred by the Mukhya Nagar Adhikari in so doing shall be paid by the said person. (3) The Mukhya Nagar Adhikari may, by written notice, require any person to whom permission is granted under section 302 to open or break up the soil or pavement of any street, or who under any other lawful authority, opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provisions to his satisfaction for the passage or diversion of traffic for securing access to the premises approached from such street and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work.

304- (1) The Mukhya Nagar Adhikari may, with the approval of the Executive Committee, require by written order the corner of any building which has already been erected or which is to be newly erected or which is to be reconstructed or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building. (2) Compensation shall be paid by the Mukhya Nagar Adhikari for any loss or damage caused by the issue of an order under sub- section (l). (3) In determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

305- (1) No person shall, without the written permission of the Mukhya Nagar Adhikari, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. Such written permission shall be granted, or renewed, for any period not exceeding two years from. the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if- (a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the Mukhya Nagar Adhikari; (b) any change is made in the sky-sign or any part thereof; (c) the sky-sign or any part thereof fall either through accident, decay or any other cause; (d) any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof; (e) the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed. (2) Where any sky-sign shall be erected, fixed or retained after the appointed day upon or over any land, building or structure, save and except as permitted as hereinbefore provided the owner or person in occupation of such land, building or structure shall be deemed to be the person who has erected, fixed or retained such sky-sign in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control, or was committed without his connivance. (3) If any sky-sign be erected, fixed or retained contrary to the provisions of this section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the· Mukhya Nagar Adhikari may, by written notice, require the owner or occupier of the land, building or structure upon or over which the sky-sign is erected, fixed or retained, to take down and remove such sky-sign.

306- (1) The Mukhya Nagar Adhikari may, by notice in writing, require the owner or the person in occupation of any land, building, wall, hoarding or structure to take down or remove within such period as is specified in the notice, any advertisement upon such land, building, wall, hoarding or structure. (2) If the advertisement is not taken down or removed within such period, the Mukhya Nagar Adhikari may cause it to be taken down or removed, and the expenses reasonably incurred on taking down or removal thereof shall be paid by such owner or person. (3) The provisions. of this section shall not apply to any advertisement which- (a) is exhibited within the window of any building; (b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same; (c) relates to the business of any railway administration; (d) is exhibited within any railway station or upon any wall or other property of a railway administration, except any portion of the surface of such wall or property fronting any street.

307- (1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall in any case in which the footway in any adjacent street will be thereby obstructed or rendered less convenient, commence doing so without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail if there be room enough for the same and the Mukhya Nagar Adhikari shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence. (2) No hoard or fence shall be so put up without the previous written permission of the Mukhya Nagar Adhikari, and every such hoard or fence, put up with such permission, with such platform and hand-rail as aforesaid, shall be continued standing and maintained in good condition, to the satisfaction of the Mukhya Nagar Adhikari, by the person who carries on the work, during such time as may be necessary for the public safety and convenience and, in all cases in which the same is necessary to prevent accidents, the said person shall cause such hoard or fence to be well lighted during the night. (3) The Mukhya Nagar Adhikari may, by written notice require the person aforesaid to remove any hoard or fence so put up.

308- (1) If any place is, in the opinion of the Mukhya Nagar Adhikari, for want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon dangerous to passengers along a street, or to the neighborhood thereof or if any such work, in the opinion of the Mukhya Nagar Adhikari, affects the safety or convenience of such persons, he may by notice in writing require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Mukhya Nagar Adhikari necessary in order to prevent danger there from or to ensure safety or convenience of such persons. (2) The Mukhya Nagar Adhikari may, before giving any such notice or before the period of any such notice has expired, take such temporary measurers as he thinks fit to prevent danger from the said place or to ensure safety or convenience at such work, and any expense incurred by the Mukhya Nagar Adhikari in taking such temporary measure shall be paid by the owner or occupier of the place to which the said notice refers.

309- (1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing in addition to such hoard or fence which he may be required to provide under section 307, screens extending to the full height of such building on all sides thereof so as to prevent pollution of the surrounding air with dust or injury or damage caused by the falling of any debris, bricks, wood and other material. (2) If any such work is commenced in contravention of sub-section (l) the Mukhya Nagar Adhikari may cause it to be stopped forthwith and any person carrying it out to be removed from the premises by a police officer.

310- (1) The Mukhya Nagar Adhikari shall--- (a) take measures for lighting in· a suitable manner the public streets, [Corporation]1 gardens and open spaces and [Corporation]1 markets and all buildings vesting in the [Corporation]1 ; (b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose: and (c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the [Corporation]1 shall from time to time determine. (2) The Mukhya Nagar Adhikari may place and maintain electric wires for the purpose of lighting such lamps under, over, along or across, and posts, poles, standards, stays, struts, brackets, and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon any immovable property without being liable to any Claim for compensation therefor: Provided that such wires, posts, poles, standards, stays, struts, brackets and other contrivances shall be so placed as to occassion the least practicable inconvenience or nuisance to any person.

311- The Mukhya Nagar Adhikari may- (a) take measures for having the public street watered at such time and seasons and in such manner as he shall think fit ; (b) procure and maintain such vehicles, animals and apparatus as he shall think fit for the said purpose

312- (1) No person shall, without lawful authority, take away, or wilfully break, throw down or damage- (a) any lamp, lamp-post or lamps-iron set up in any public street or in any [Corporation]1 garden, open space or market or building vesting in the [Corporation]1; (b) any electric wire for lighting any such lamps; (c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp; (d) any property of the [Corporation]1 on any street; and no person shall wilfully extinguish the light or damage any appurtenance of any such lamp. (2) If any person shall, through negligence or accident or otherwise break any lamp set up in any public street or [Corporation]1 market, garden or public place or building vesting in the [Corporation]1 or shah break or damage any property of the [Corporation]1 on any street, he shall pay the expenses of repairing the damage so done by him.

313- The State Government may, by order which shall be published in the official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission as it may deem to be necessary and expedient and thereupon, the provisions and rules 'so applied shall have effect in that area as if it were within the City.

314- (1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter. (2) without prejudice to the generality of the foregoing powers such rules may provide for- (a) manner in which the [Corporation]1 shall sanction the closing of any public street and the disposal of the site of such street under section 273; (b) manner in which the sanction of the Executive Committee to prescribe a fresh street line in place of any existing line shall be given under section 279; (c) manner in which a person shall give notice of his intention to sell, let, etc, land for building purposes or to layout a private street under section 287 and the procedure to be adopted by the Mukhya Nagar Adhikari in dealing with such notice including, asking for more information or authenticated plan, etc; (d) steps to be taken under section 301 by the Mukhya Nagar Adhikari for safety and, convenience of the public when any work in or near to streets is in execution.

315- In this Chapter the expression "to erect building" shall include- (a) subject as may be prescribed by rules the re-erection of a substantial portion or any existing building; (b) the conversion into a dwelling house of any building or part of a building not originally intended or already used for human habitation; (c) the conversion by any structural alteration of a single tenement or two or more tenements in a building into a greater or lesser number of dwelling houses so as to affect its drainage or sanitary arrangement or its stability; (d) the conversion by any structural alteration of any building into a place of religious worship or into a sacred building not originally meant or constructed for such purpose; (e) the covering or roofing of an open space between walls or buildings as regards the structure which is formed by roofing or covering such space; (f) the conversion into a stall, shop, warehouse or godown of a building not originally constructed for any such use; (g) the construction in a wall adjoining any street or land not vested in the owner of the wall, a door opening on such street or land, and (h) any other operation declared by a bye-law made in this behalf to be deemed to be erection of a building.

316- Every person intending to erect a building shall give to the Mukhya Nagar Adhikari a notice in writing of his intention to do so in such form and manner and containing such particulars as may be prescribed by bye-laws.

317- Every person intending- (a) to make any addition to a building; (b) to make any alteration or repairs to a building, not being a frame-building, involving the removal or re-erection of any external or party wall thereof or of any wall which supports the roof thereof to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet; (c) to make any alteration or repairs to a frame-building, involving the removal or re-erection of more than one-half of the posts or beams in any such -wall thereof as aforesaid, or involving the removal-or re-erection of any such wall thereof as aforesaid, to, an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet; (d) to make any alteration in a building involving- --- (i) the sub-division of any room in such building so as to convert the same into two or more separate rooms; (ii) the conversion of any passage or space in such building into a room or rooms; (iii) to repair, remove, construct, re-construct or add to any portions of a building abutting on a street which stands within the regular line of such street; (e) to carry out any work in a building involving--- (i) the construction or re-construction of a roof; (ii) the conversion of a roof into a terrace; (iii) the conversion of a terrace into a roof; or (iv) the construction of a lift shaft; (f) to carry out any repairs to a building involving the construction of a floor of a room (excluding the ground floor); (g) to permanently close any door or window in an external wall; or (h) to remove or re-construct the principal staircase or to alter its position, shall give notice in writing to the Mukhya Nagar Adhrkari in such form and containing such information as may be required to be furnished under the bye-laws framed therefor and accompanied by such documents and plans as may be prescribed.

318- Any plan, section, description, structural drawings or structural calculations and any notice not fulfilling the conditions prescribed therefor or in respect of which the further particulars or details are not supplied to the Mukhya Nagar Adhikari within such period as may be fixed by him, shall not be treated as sufficient and valid for the purposes of this Act.

319- Within thirty days after the receipt of any application made under section 316 or section 317 or of any information or of documents or further information or documents required under rule, or bye-laws the Mukhya Nagar Adhikari shall by written order either grant such permission or refuse on one or more of the grounds mentioned in section 321 or section 322 to grant it.

320- (1) If, within the period laid down in section 318 or section 319, as the case may be; the Mukhya Nagar Adhikari has neither given nor refused his permission to erect building or to execute work referred to in section 317 as may have been applied for, the Executive Committee shall be bound, on the written request of the applicant, to determine by written order whether such .approval or permission should be given or not. (2) If the Executive Committee does not, within one month from the receipt of such written request, determine whether such permission should be given or not, such permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

321- (1) The only grounds on which permission to erect a building or to execute any work referred to in section 317 may be refused, are the following, namely- (a) that the work or the use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections, or specifications would contravene some specified provision of any law or some specified order, rule, declaration or bye-law made under any law; (b) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws or is not signed as required under rules or bye-laws; (c) that any information or documents required by the Mukhya Nagar Adhikari under the rules or bye-laws has or have not been duly furnished; (d) that the proposed building would be an encroachment upon Government or [Corporation]1 and; (e) that the site of such building does not abut on a street or a projected street, and there is no access to such building from any such street by a passage or pathway appertaining to 'Such site and not less than 12 feet wide at any part; (f) that the site of the proposed building is of the nature specified in section 323; (g) that the site for the work forms a part of the areas, lay-out plan of which has not been sanctioned as provided in section 287; (h) that the use of the proposed building or plan is not in conformity with the Master Plan of the City framed under section 383. (2) Whenever the Mukhya Nagar Adhikari or the Executive Committee refuses to grant permission to erect a building or to execute any work referred to in section 317 the reasons for such refusal shall be specifically stated in the order.

322- Notwithstanding anything contained in section 321 if any street shown in the site-plan is an intended private street the Mukhya Nagar Adhikari may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.

323- Notwithstanding anything contained in this Act or any rule or bye-law made thereunder, the construction of, or any addition to, any building of public entertainment or any addition thereto, shall not, except with the previous approval of the State Government, be sanctioned by the Mukhya Nagar Adhikari or the Executive Committee, if the site of, or proposed for such building is- (a) within a radius of one furlong from- (i) any residential institution attached to a recognized educational institution such as a college, high school or girls school; or (ii) a public hospital with a large indoor patient ward; or (iii) an orphanage containing one hundred or more inmates; or (b) in any thickly populated residential area which is either exclusively residential or reserved or used generally for residential as distinguished from business purposes; or (c) in any area reserved for residential purposes by any housing or planning scheme or otherwise under any enactment: Provided that no permission to construct any building intended to be used for cinematograph exhibition shall be given unless the Executive Committee is satisfied that sanction to the plans and specifications have been obtained in accordance with the rules framed under the Cinematograph Act, 1918.

324- Every person intending to erect a new building or to execute any work referred to in section 317 shall erect the building or execute the work in such manner, under such supervision, through such qualified agency and subject to such conditions and restrictions as may be provided therefor by the bye-laws.

325- The Mukhya Nagar Adhikari or any Officer or servant of the [Corporation]1 authorized in this behalf may, at any time during the erection of the building or the execution of any work referred to in section 317, or within three months of the completion of such building or work, make an inspection thereof and if he has reasonable ground to suspect that in the erection of any such building or in the execution of any such work anything has been done contrary to any provisions of this Act or of any rule or bye- law framed thereunder, he may after 15 days prior notice in writing to the person erecting such building or executing such work cut into or lay open or pull down such portion, if any, of the building as prevents the discovery of facts sufficient to confirm or dispel the suspicion: Provided that the person whose building or construction has been cut into or laid open shall be paid compensation by the Mukhya Nagar Adhikari for the damage caused to his building or work because of the aforesaid Act, where it is found that in the erection of the building or the execution of such work nothing was done by him contrary to the provisions of this Act.

326- Where the Mukhya Nagar Adhikari at any time during the erection of the building or the execution of such work as aforesaid or at any time within three months after the completion thereof, whether as a result of his inspection or otherwise comes to know of any matter In respect of which the erection of such building or the execution of such work is in contravention of any provision of this Act or of any rule or bye-law framed thereunder, he may require the owner erecting or executing or who has erected or executed the said building or work, to cause, anything done contrary to any such provision, rule or bye-law, to be amended or to do anything which by any such provision, rule or bye-law, may be required to be done but which has been omitted to be done.

327- (1) If the erection of any building or the execution of any such work as is referred to in section 317 is commenced or carried out contrary to the provisions of the rules or by-laws, the Mukhya Nagar Adhikari, unless he deems it necessary to take proceedings in respect of such building or work under section 328 shall--- (a) by written notice, require the person who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and addressed to the Mukhya Nagar Adhikari, to show sufficient cause, why such building or work shall not be removed, altered or pulled down, or (b) require the said person on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorized by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down. (2) If such person shall fail to show sufficient cause, to the satisfaction of the Mukhya Nagar Adhikari, why such building or work shall not be removed, altered or pulled down the Mukhya Nagar Adhikari may remove, alter or pull down the building or work and the expenses thereof shall be paid by the said person.

328- If at any time after permission to proceed with any building or work has been given under this Act, the Mukhya Nagar Adhikari is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section 316 or 317, or further information, if any, furnished, he may cancel such permission and any work done thereunder shall be deemed to have been done without his permission.

329- (1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work as is referred to in section 317, deliver or send or cause to be delivered or sent to the Mukhya Nagar Adhikari at his office, notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye-laws signed and subscribed in the manner so prescribed, and shall give to the Mukhya Nagar Adhkari all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building. (2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any work, until- (a) permission has been received from the Mukhya Nagar Adhikari in this behalf, or (b) the Mukhya Nagar Adhikari has failed for twenty-one days after receipt of the notice of completion to intimate his refusal of the said permission: Provided that an application under sub-section (1) may be made and permission of the Mukhya Nagar Adhikari to occupy given in respect of part of a building also where the Mukhya Nagar Adhikari is satisfied that part has become habitable.

330- (1) It shall be incumbent on the owner of every building to maintain every part thereof and everything appurtenant thereto in such repair as to prevent its becoming dangerous. (2) The Mukhya Nagar Adhikari may by written notice require the owner of any building to get the building inspected at such intervals and in such manner as may be prescribed in the bye-laws. (3) The owner shall within two months of the inspection under sub- section (2) undertake such repairs as the inspection shall show to be necessary for the purpose of securing the stability of structure within the meaning of section 331, after complying with all the provisions of this Act and the rules and bye-laws in regard to such repairs and shall, on Completion of such repairs, submit to the Mukhya Nagar Adhikari a certificate signed by the person who made the inspection, of his having carried out the repairs saris, factorily. (4) A report of every inspection made under sub-section (2) shall forthwith be submitted to the Mukhya Nagar Adhikari by the person who carried it out and the Mukhya Nagar Adhikari may take such action in respect of such building as he deems fit under this section or under any other provision Of this Act if the owner fails to comply with the requirements of sub-section (3). (5) The expenses incurred by the Mukhya Nagar Adhikari under sub-section (4) shall be paid by the owner.

331- (1) If it shall at any time appear to the Mukhya Nagar Adhikari that any structure (including under this expression any building, wall, parapet, pavement, floor, steps, railing, door or window frames or shutters or roof, or other structure and anything affixed to or projecting from or resting on, any building, wall, parapet or other structure) is in a ruinous condition' or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighborhood thereof, the Mukhya Nagar Adhikari may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair, such structure or thing or do one or more of such things and to prevent all causes of danger therefrom. (2) The Mukhya Nagar Adhikari may also, if he thinks fit, require the said Owner or occupier by the said notice, either forwith or before proceeding to pull down, secure, remove or repair the said structure or thing, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platfrom and hand-rail, if there be room enough for the same and the Mukhya Nagar Adhikari shall think the same desirable, to serve as a footway for passengers outside of such board or fence. (3) If it appears to the Mukhya Nagar Adhikari that the danger from a structure which is ruinous or about to fall is imminent he may, before giving notice as aforesaid or before the period of notice expires, fence off, take down, secure or repair the said structure or take steps or cause such work to be executed as may be required to arrest the danger. (4) Any expenses incurred by the Mukhya Nagar Adhikari under sub-section (3) shall be paid by the owner or occupier of the structure. (5) (a) Where the Mukhya Nagar Adhikari is of opinion whether on receipt of an application or otherwise that the only or the most convenient means by which the owner or occupier of a structure such as is referred to in sub-section (1) can pull down, secure, remove or repair such structure, is by entering any of the adjoining premises belonging to some other person the Mukhya Nagar Adhikari after giving such person a reasonable opportunity of stating any objection may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorize the said owner or occupier to enter such adjoining premises. (b) Every such order bearing the signature of the Mukhya Nagar Adhikari shall be a sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistants and workmen, at any time between sunrise and sunset, and to execute the necessary work. (c) In executing any work under this section as little damage as can be, shall be done to the adjoining owner's property, and the owner or occupier of premises for the benefit of which the work is done, shall- (i) cause the work to be executed with the least practicable delay; (ii) pay compensation to any person who sustains damage by the execution of the said work.

332- If it shall at any time appear to the Mukhya Nagar Adhikari that any opening in any part of a building is so situated as to constitute a danger to human life, he may, by written notice, require that such opening shall be enclosed or protected by bars, grills or such other device to his satisfaction.

333- (1) If the Mukhya Nagar Adhikari is satisfied that the erection of, any building or the execution or any such work as is referred to in section 317 has been unlawfully commenced or is being unlawfully carried on upon any premises he may, by written notice, require the person dire ting or carrying on such erection or execution to stop the same forthwith. (2) If such erection or execution is not stopped forthwith, the Mukhya Nagar Adhikari may direct that any person directing or carrying on such erection or execution shall be removed from such premises by any police officer and may cause such steps to be taken as he may consider necessary to prevent the re-entry of such person on the premises without his permission. (3) The cost of any measures taken under sub-section (2) shall be paid by the said person.

334- (1) Notwithstanding the provisions of any other law to the contrary, the Mnkhya Nagar Adhikari may, by notice in writing specifying the grounds therefor, order any building or any portion thereof to be vacated forthwith or within such time as may be specified in the notice- (a) if such building or portion thereof has been unlawfully occupied in contravention of section 329 ; (b) if a notice has been issued in respect of such building or part there-of requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing, and the works specified in such, notice have not been commenced or completed ; (c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 331. (2) The affixing of such written notice on any part of such premises shall be deemed a sufficient intimation to the occupiers of such building or portion thereof. (3) On the issue of a notice under sub-section (I) every person in occupation of the building or portion thereof to which the notice relates shall vacate such building or portion as directed in the notice and no person shall so long as the notice is not withdrawn enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out. (4) The Mukhya Nagar Adhikari may direct that any person who acts in contravention of sub-section (3) shall be removed from such building or part thereof by any police officer. (5) The Mukhya Nagar Adhikari shall, on the application of any person who has vacated any premises in pursuance of a notice under sub- section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alteration or demolition. (6) The Mukhya Nagar Adhikari may direct the removal from the said premises by any police officer of any person who obstructs him in any action taken under sub-section (5) and may also use such force as is reasonably necessary to affect entry in the said premises.

335- (1) The Mukhya Nagar Adhikari may give public notice of his intention to declare subject to any valid objection that may be preferred within a period of three months- (a) that in any streets or portions of streets specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the [Corporation]1 may consider Suitable to the locality; (b) that in any localities specified in the notice there shall be allowed the construction of only detached or semi detached buildings or both and the land appurtenant to each such building shall be of an area not less than that specified in such notice; (c) that the minimum size of building plots in particular localities shall be of a specified area ; (d) that in any localities specified 10 the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed ; or (e) that in any streets, portions of streets or localities specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular use shall not be allowed without the special permission of the Mukhya Nagar Adhikari granted in accordance with general regulations flamed by the Executive Committee in this behalf and subject to the terms of such permission only. (2) The Executive Committee shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and of its opinion thereon to the [Corporation]1. (3) No objection received after the said period of three months shall be considered. (4) Within a period of two months after the receipt of the same the [Corporation]1 shall submit all the documents referred to in sub-section (2) with a statement of its opinion thereon to the State Government, (5) The State Government may pass such orders with respect to such declaration as it may think fit : Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (1). (6) The declaration as confirmed or modified by the State Government shall be published in the official Gazelle and shall take effect from the date of such publication. (7) No person shall erect or re-erect any building in contravention of any such declaration.

336- The Mukhya Nagar Adhikari shall have power to take such action against the persons contravening the provisions of section 335 as may be prescribed by bye-laws or rules.

337- If it appears to the Mukhya Nagar Adhikari that any building. or structure has been abandoned or is unoccupied and has become a resort of disorderly persons or is by reason of its condition seriously detrimental to the amenities of the neighborhood, the Mukhya Nagar Adhikari may give a written notice to the owner of such building ,or structure if he is known and found to be a resident within the limits of the [Corporation]1 or to any person who is known or believed to claim to be the owner, if such person is resident within the limits of the [Corporation]1, and shall also affix a copy of the notice on some conspicuous part of the building or structure requiring all persons having any right or interest therein to take such order with the said building or structure as may, in the opinion of the Mukhya Nagar Adhikari, be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities in the neighborhood.

338- (1) If any building so situated as to be inaccessible to a fire-engine or as to cause obstruction to a fire-engine from reaching other building is demolished or destroyed by fire or otherwise, the Mukhya Nagar Adhikari may by a notice in writing addressed to the owner of the building demolished or destroyed as aforesaid direct that no building shall be erected which would be inaccessible to a fire engine or which would cause obstruction to a fire-engine from reaching other buildings. (2) No person shall erect or re-erect any building in contravention of a notice, vide sub-section (I).

339- If it appears to the Mukhya Nagar Adhikari that any stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises in such quantity or bulk or in such a way as to constitute a harborage or breeding place for rats or other vermin or is otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighborhood thereof the Mukhya Nagar Adhikari may by a written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, within a reasonable time to be specified in the notice, to remove or dispose of the same or to take such order with the same as may, in the opinion of the Mukhya Nagar Adhikari, be necessary or expedient to abate the nuisance or prevent a recurrence thereof.

340- (1) The owner of a building shall within a period of seven days of the receipt of a written notice from the Mukhya Nagar Adhikari, supply such information with respect to such building or its occupants as the [Corporation]1 may prescribe. (2) The occupier of a building occupied as a separate tenement shall on like notice and within the like period supply such information as may be prescribed with respect to such building as aforesaid which is in his occupation.

341- The State Government may, by order which shall be published in the official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission as it may deem to be necessary and expedient and thereupon the provisions and rules so applied shall have effect in that area as if it were within the City.

342- (1) The State Government may make rules to carry out the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner of giving permission to the erection of buildings; (b) the manner of effecting repairs in and pulling down, securing and removing of dangerous buildings and recovery of expenses of such repairs, pulling down, securing or removal; (c) the restrictions under which alterations may be made in the use of buildings; (d) the inspection of newly constructed buildings; (e) the conditions on which loans' may be granted out of the [Corporation]1 Fund for building and the form of application for such loans.

343- For the purposes of effecting improvement' in the City, an improvement scheme may be of one of the following types, or may combine any two or more of such types, or special features thereof, that is to say -- (a) a Samanya Vikas Yojana (general improvement scheme); (b) a Basti Sudhar Yojana (slum clearance and rebuilding scheme): (c) a Grih Punarnirman Yojana (re-housing scheme) ; (d) a Sarak Yojana (street scheme) ; (e) a Bhavi Sarak Yojana (deferred street scheme) ; (f) a Grib Sthan Yojana (housing accomodation scheme) ; and (g) a Nagar Prasar Yojana (City expansion scheme).

344- Whenever it appears to the Development Committee- (a) that any buildings in any area which are used or are intended or likely to be used as dwelling places are unfit for human habitation; or (b) that danger to the health of the inhabitants of buildings in any area or in any neighboring buildings is caused by- (i) the narrowness, closeness or bad arrangement and condition of streets or buildings or groups of buildings in such area, or (ii) the want of light, air, ventilation or proper conveniences in' such area, or (iii) any other sanitary defects in such area, the Development Committee may pass a resolution to the effect that such an area is an insanitary area, and that a Samanya Vikas Yojana (general improvement scheme) be framed in respect of such area.

345- (1) When it appears to the Development Committee that any area is an insanitary area within the meaning of the preceding section and that, regard being had to the comparative value of the buildings in such area and of the sites on which they are erected, the most satisfactory method of dealing with the area or any part thereof is clearance of the insanitary area of existing buildings and erecting new buildings, it may by resolution direct that a Basti Sudhar Yojana (slum clearance and re-building scheme) in accordance with the provisions of this section be framed. (2) A Basti Sudhar Yojana (slum clearance and re-building scheme) may provide for- (a) the reservation of streets, back lanes and open spaces and the enlargement of existing streets, back lanes and open spaces to such an extent as may be necessary for the purposes of the scheme; (b) the re-laying out of the sites of the area upon such streets, back lanes, or open spaces so reserved or enlarged; (c) the payment of compensation in respect of any such reservation or enlargement, and the construction of the streets, back lanes and open spaces so reserved or enlarged; (d) the demolition of the existing buildings and their appurtenances by the owners, or by the [Corporation]1 in default of the owners; and the erection of buildings in accordance with the scheme by the said owners or by the [Corporation]1 in default of the owners upon the sites as defined under the scheme; (e) the advance to the owners, upon such terms and conditions as to interest and sinking fund and otherwise as may be prescribed under the scheme, of such sums as may be necessary to assist them to erect new buildings in accordance with the scheme; (f) the acquisition by the [Corporation]1 of any site or building comprised in the area included in the scheme: Provided that the [Corporation]1 may exclude any building from demolition if it is satisfied that the particular building is not unfit for human habitation or dangerous or injurious to health or is capable of being so improved as to render it healthy and fit for human habitation and does not obstruct the clearance of the area or its re-development.

346- The Development Committee when it resolves that an Improvement Scheme which is likely to displace persons be framed, shall also by resolution, require the Mukhya Nagar Adhikari to frame a scheme (herein called housing scheme) for construction, maintenance and re-management of such and so many dwelling and shops as it may consider ought to be provided for persons who- (a) are displaced by the ,execution of any improvement scheme sanctioned under this Act, or (b) are likely to be displaced by the execution of any improvement scheme which it is intended to frame, or to submit to the State Government for sanction under this Act: Provided that the State Government may for reasons to be recorded in writing exempt a Development Committee from the liability under this section.

347- (1) Whenever the Development Committee is of opinion that, for the purpose of- (a) providing buildings sites, or (b) remedying defective ventilation, or (c) creating new or improving existing means of communication and' facilities for traffic, or (d) affording better facilities for conservancy, it is expedient to layout new streets or alter existing streets (including bridges, causeways and culverts) and that this object cannot be achieved by taking action under Chapter XLI, the Development Committee may by resolution require the Mukhya Nagar Adhikari to frame 'a scheme to be called a “Sarak Yojana” (Street Scheme). (2) A Sarak Yojana (street scheme) may within the limits of the area comprised in the scheme provide for- (a) the acquisition of any land which will, in the opinion of the Development Committee, be necessary for its execution; (b) the re-laying out of all or any of the lands so acquired, including the construction of buildings by the [Corporation]1 or by any other person and the laying out, construction and alteration of streets; (c) the drainage, water-supply and lighting of streets so constructed or altered; (d) the raising, lowering, or reclamation of any land vested in, or to, be acquired by, the [Corporation]3 for the purposes of the scheme; (e) the formation of open spaces for the better ventilation of the area comprised in the scheme; (f) the acquisition of any land adjoining any street or open space included in the scheme.

348- (1) (a) Whenever the Development Committee is of opinion that it is expedient for any purpose mentioned in section 347 to provide for the ultimate widening of any street by altering the existing alignment of such street to improve alignments to be prescribed by the Mukhya Nagar Adhikari but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the Development Committee, if satisfied of the sufficiency of the resources of the [Corporation]3 by a resolution require the Mukhya Nagar Adhikari to make a scheme to be called a Bhavi Sarak Yojana (Deferred Street scheme) prescribing an alignment on each side of such street. [(aa) The said resolution shall specify the time-limit for the execution of the scheme, which may be extended by the Development Committee by resolution from time to time: Provided that in the case of a scheme notified before the commencement of the Uttar Pradesh [Municipal Corporation]3 (Amendment) Act, 1972 such time limit if not already specified, shall be specified by a fresh resolution of the Development Committee not later than one year after the commencement of the said Act: Provided further that such time limit, including extensions, if any, shall in no case exceed twenty years from the date of notification of the scheme under section 363.]1; (b) [After the scheme has been notified under section 363 no person shall, within the time-limit for its execution]2 erect, re-erect, add to, or alter any building or wall so as to make the same project beyond the prescribed alignment of the street except with the written permission of the [Corporation]3. (2) The Bhavi Sarak Yojana (deferred street scheme) shall provide for- (a) the acquisition of the whole or any part of any property lying within the prescribed street alignment; (b) the re-laying out of all or any such property including the construction and re-construction of buildings by the [Corporation]3 or by any other person, and the formation and alteration of the street; (c) the drainage and lighting of the street so formed and altered. [(3) The owner of any property included in a Bhavi Sarak Yojana (Deferred Street Scheme) may, at any time after the scheme has been notified under section 363 but within the time limit for its execution or within three years thereafter give the [Corporation]5 notice requiring it to acquire such property before the expiration of six months from the date of such notice. The [Corporation]5 shall thereupon acquire the property accordingly, and if it fails to do so it shall pay such compensation as may be determined by the Tribunal referred to in section 372 in accordance with the provisions of this Act and the rules.]1 (4) Before proceeding to acquire any property within the limit to the scheme other than the property regarding which it has received a notice under sub-section (3), the [Corporation]5 shall give six months' notice to the owner of its intention to acquire the property.

349- Whenever the Development Committee is of opinion that it is expedient and for the public advantage to provide house accommodation for any class of the inhabitants of the City, [it may by resolution require the Mukhya Nagar Adhikari]2 to frame a scheme to be called a Grih Sthan Yojana" (Housing Accommodation Scheme) for the purpose aforesaid.

350- (1) Whenever the Development Committee is of opinion that it is expedient and for the public advantage to control and provide for the future expansion of the City, [it may by resolution require]3 the Mukhya Nagar Adhikari to frame a scheme to be called 'Nagar Prasar Yojana the (City Expansion Scheme). [( I-a) The said resolution shall specify the time-limit for the execution of the schemes, which may be extended by the Development Committee by resolution from time to time: Provided that in the case of a scheme notified before the commencement of the Uttar Pradesh Nagar Mahapalika (Amendment) Act, 1972, such time-limit, if not already specified, shall be specified by a fresh resolution of the Development Committee not later than one year after the commencement of the said Act: Provided further that such time-limit, including extensions, if any, shall in no case exceed twenty years from the date of notification of the scheme under section 363.]4 (2) Such scheme shall show the method in which it is proposed to layout the area to be developed and the purposes for which particular areas are to be utilized. (3) For the purposes of a Nagar Prasar Yojana (City Expansion Scheme) the provisions of clause (a) of sub-section (2) of section 360 shall not be applicable but the [Corporation]5 shall be required to supply such details as the State Government may consider necessary. (4) [At any time ,after such scheme has been notified under section 363, but within the time-limit for its execution]1 if any person desires to erect, re-erect, add to or alter any building or wall within the area comprised in the said scheme, he shall apply to the [Corporation]2 for permission to do so. (5) If the [Corporation]2 refuses to grant permission to any person to erect, re-erect add to or alter any building or wall on his land in the area aforesaid, and if it does not proceed to acquire such land within one year from the date of such refusal, it shall pay reasonable compensation to such person for any damage sustained by him, in consequence of such refusal.

351- (1) Whenever an improvement scheme is required to be framed under any of the preceding sections, it shall be the duty of the Mukhya Nagar Adhikari to prepare a draft scheme and to lay it for consideration before the Development Committee. (2) With the previous approval of the Development Committee, the Mukhya Nagar Adhikari may, for the purpose of making an improve-ment scheme, cause surveys to be made in areas either inside or outside the limits of the area.

352- Any number of areas in respect of which improvement schemes have been or are proposed to be framed, may at any time be included in one combined scheme.

353- (1) An improvement scheme may provide for all or any of the following matters as the nature of the scheme may demand- (a) The acquisition by purchase, exchange, or otherwise of any property necessary for or affected by the execution of the scheme. (b) The re-laying out of any land comprised in the scheme. (c) The re-distribution of sites belonging to owners of properly comprised in the scheme. (d) The closure or demolition of dwellings or portions of dwellings unfit for human habitation. (e) The demolition of obstructive buildings or portions of buildings. (f) The construction and re-construction of buildings. (g) The sale, letting, or exchange of any property comprised III the scheme. (h) The construction and alteration of streets and back lanes and the: provision of side- walks for pedestrians. (i) The drainage, water-supply, and lighting of streets so constructed or altered. (j) The provision of open spaces for the benefit of any area comprised in the scheme or any adjoining area, and for the enlargement of existing open spaces and approaches. (k) The sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention for injury or contamination to rivers or other sources and means of water supply. (l) The provision of accommodation for any class of the inhabitants. (m) The advance of money for the purposes of the scheme. (n) The provision of facilities for communication. (o) The reclamation or reservation of land for market, gardens, afforestation, the provision of fuel and grass-supply and other needs of the population. (p) The provision for preventing over-crowding in the area covered by the Scheme. (q) Any other matter for which, in the opinion of the State Government, it is expedient to make provision with a view to the improvement of any area in question or the general efficiency of the scheme. (2) The [Corporation]1 may from time to time lay down by resolution what shall constitute overcrowding for the purposes of this section and may in such resolution specify the minimum space to be allowed for each person according to age in premises used exclusively as a dwelling and in premises used as a dwelling as well as for some other purpose.

354- An Improvement Scheme mentioned in clause (a) or (b) or (g) of section 343 may include within it in whole or in part any such area lying within two miles outside the limits of the City as the State Government may by notification in the official Gazette specify and such area shall, for the purposes of this Chapter be deemed to be area lying within the City.

355- When framing an improvement scheme in respect of any area, regard shall be had to- (a) the nature and the conditions of neighboring areas and of the- City as a whole; (b) the several directions in which the expansion of the City appears likely to take place, and (c) the likelihood of improvement schemes being required for other parts of the City.

356- (1) The Development Committee shall consider the scheme placed before it by the Mukhya Nagar Adhikari and accept it with or with- out modifications or require the Mukhya Nagar Adhikari to make alterations in it and to resubmit it for consideration. (2) The Development Committee shall record in writing its acceptance of the scheme and direct that the scheme be notified.

357- (1) Upon the approval of the draft improvement scheme by the Development Committee the Mukhya Nagar Adhikari shall prepare a notice stating- (a) the fact that the scheme has been framed, (b) the boundaries of the area comprised in the scheme, and (c) the place at which particulars of the scheme, a map of the area comprised in the scheme and a statement of the land which it is proposed to acquire may be seen. (2) The Mukhya Nagar Adhikari shall cause the said notice to be published for three consecutive weeks in the official Gazette and the Bulletin of [Corporation]1, if any, and also in One or more local newspaper or news- papers as the Mukhya Nagar Adhikari thinks fit, with a statement of period within which objections will be received. A copy of the notice shall be sent to the President of the Cantonment Board if there is a Cantonment adjoining the City. (3) The Mukhya Nagar Adhikari shall cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fee as may be prescribed.

358- (1) During the thirty days next following the first day on which any notice is published under section 357 in respect of any improvement scheme, the Mukhya Nagar Adhikari shall serve a notice on- (a) every person whose name appears in the [Corporation]1 assessment list as being primarily liable to pay any tax assessed upon the annual value of any building or land which it is proposed to acquire in executing the scheme, and (b) the occupier (who need not be named) of each premises, entered in the [Corporation]1 assessment list which the [Corporation]1 proposes to acquire in executing the scheme. (2) Such notice shall- (a) state that the [Corporation]1 proposes to acquire such land for the purposes of carrying out an improvement scheme, and (b) require such person, if he dissents from such acquisition, to state his reasons in writing within a period of sixty days from the service of notice.

359- After the expiry of the periods respectively prescribed under sections 357 and 358 in respect of any improvement scheme, the Development Committee shall consider any objection or representation received thereunder and after hearing all persons making any such objection or representation who may desire to be heard, and after inserting in the scheme such modifications, if any, as it thinks fit, submit to the [Corporation]1 the scheme together with any objection or representation with its recommendation either that the scheme be abandoned or sanctioned.

360- (1) The [Corporation]1 shall on receipt of scheme from the Development Committee proceed to take such scheme into consideration together with any objection or representation received or made under sections 357 and 358 and the recommendation of the Development Committee under section 359 and shall either abandon the scheme or sanction the scheme with such modifications, if any, as it may consider necessary: Provided that in the case of a scheme of the estimated cost of over Rs. 10,00,000 the sanction of the State Government shall also be obtained. (2) Every scheme submitted to the State Government under proviso to sub-section (1) shall contain the following: (a) a description of, and full particulars relating to, the scheme, and complete plans and estimates of the cost" of executing the scheme; (b) a statement of the reasons for any modifications made in the scheme as originally framed ; (c) a statement of objection (if any), received under section 357: (d) a list of names of all persons (if any), who have dissented, under clause (b) of sub-section (2) of section 358 from the proposed acquisition of their land and a statement of the reasons given for such dissent, and (e) a statement of the arrangements made or proposed by the [Corporation]1 for the re-housing of persons likely to be displaced by the execution of the scheme, for whose re-housing provision is required. (3) When a scheme has been submitted to the State Government under the proviso to sub-section (1), the Mukhya Nagar Adhikari shall cause notice of the fact to be published for two consecutive weeks in the official Gazette and in the Bulletin of the [Corporation]1, if any, and in the manner provided in section 357. (4) If the [Corporation]1 declines to approve the scheme the Mukhya Nagar Adhikari shall forthwith draw up and publish in the manner provided in section 357 a notice stating that the [Corporation]1 has resolved not to proceed with the making of the scheme, and on such publication the notification relating to the scheme published under section 357 shall be deemed to be cancelled.

361- (1) The State Government may sanction either with or without modification, or may refuse to sanction, or may return for reconsideration, any improvement scheme submitted to it under section 360. (2) If a scheme returned for reconsideration under sub-section (1) is modified by the [Corporation]1, it shall be republished in accordance with section 357- (a) in every case in which the modification affects the boundaries of the area comprised in the scheme, or involves the acquisition of any land not previously, proposed to be acquired, and (b) in every other case, unless the modification is, in the opinion of the State Government, not of sufficient, importance to require republication.

362- The provisions of section 357 shall apply mutatis mutandis to any scheme that the [Corporation]3 on its own authority is entitled to sanction, if after the consideration of objections and representations under section 360 any modification in the original scheme is made which gives rise to the conditions mentioned in sub-section (2) of section 361.

363- Whenever a scheme is sanctioned whether by the [Corporation]3 on its own authority or with the sanction of the State Government under the proviso to sub-section (1) of section 360, the fact shall be announced by notification in the official Gazette and it shall be incumbent on the [Corporation]3, when it sanctions the scheme under its own authority, immediately to inform the State Government and to submit for the information of the State Government the details required by sub-section (2) of section 360.

364- At any time after an improvement scheme has been sanctioned by the State Government or by the [Corporation]3 on its own authority and before it has been completed, the [Corporation]3 may alter it : Provided that-- (a) in the case of a scheme sanctioned by the State Government if any alteration is estimated to increase the estimated net cost of executing the scheme by more than rupees one lac, such alteration shall not be made without the previous sanction of the State Government, (b) in the case of a scheme sanctioned by the [Corporation]3 on its own authority the alteration shall be sent to the State Government for information, (c) if any alteration, involves the acquisition, otherwise than by agreement, of any land the acquisition of which has not been sanctioned by the State Government, the procedure prescribed in the fore-going sections of this Chapter shall, so far as applicable, be followed as if the alteration were a separate scheme.

365- (1) Upon the sanction of an improvement scheme [under this chapter]1 the Mukhya Nagar Adhikari may enter into an agreement with any person for the purchase, leasing or exchange by the [Corporation]3 from such person of any land which the [Corporation]3 is authorized to acquire for an improvement scheme or any interest in such land (2) The [Corporation]3 may for tile purposes of an improvement scheme sanctioned [under this chapter]2 acquire land or interest in land under the provisions of the Land Acquisition Act, 1894, as modified by the provisions of this Chapter. (3) The Mukhya Nagar Adhikari may for the purposes of an improvement scheme exercise any of the powers conferred upon him under sub-section (2) of section 273 and section 290. (4) All acquisition of land and interest in land for an improvement scheme authorized under this Chapter [other than a Bhavi Sarak Yojana or a Nagar Prasar Yojana]1 shall be completed at least upto the stage of making of awards within a period of five years from the date of the notification of the Scheme under section 363 and any land in respect of which the acquisition is not so completed and the owner and occupier thereof shall cease to be subject to any liabilities under this Chapter: [Provided that- (a) in relation to any improvement scheme (other than a deferred street scheme or a town expansion scheme) notified under section 42 of the United Provinces Town Improvement Act, 1919 or section 60 of the Cawnpore Urban Area Development Act, 1945, which by virtue of clause (c) of section 577 may be continued and if it had been initiated under this Act, this sub-section shall be so construed as if for the words and figures within a period of five years from the date of the notification of the scheme under section 363' the words and figures 'on or before the thirty- first day of December, 1973' were substituted; (b) in relation to any improvement scheme notified under section 363 before the commencement of the Uttar Pradesh [Municipal Corporation]3 (Amendment) Act, 1972, this sub-section shall be so construed as if for the words 'five years' the words 'ten years' were substituted. : Provided further that the State Government by general or special order made before the expiry of the said period of five years or of ten. years, or, as the case may be, the said period ending on the thirty-first day of December, 1973, may, for reasons to be recorded in writing, extend the said period by one year.]2

366- When a notice has been published under section 357 in respect of' a slum clearance and re-building scheme, no person shall erect re-erect, add to or alter any building or otherwise develop any land comprised in the in-sanitary and re-building area except in accordance with the re-building plan for the area covered by the scheme and subject to such restrictions and conditions as the Mukhya Nagar Adhikari may think fit to impose: Provided that an owner who is aggrieved by a restriction or condition so imposed on the use of his land, or by a subsequent refusal of· the Mukhya Nagar Adhikan to cancel or modify any such restriction or condition, may within thirty days appeal to the Judge. The Judge shall make such order in the matter as he thinks proper, and the decision of the Judge shall be final.

367- The Mukhya Nagar Adhikari with the sanction of the Development Committee may at any time after the notification of sanction bas been. published under section 363 require the occupiers of any building or buildings comprised in the insanitary area to be vacated for purposes of demolition within three months of the notice; and require the owner or owners of such building or buildings to demolish the same within a further period of one month and if the building is not demolished before the expiration of that period the Mukhya Nagar Adhikari shall take measures to demolish the building or buildings at the risk and cost of the owner, sell materials thereof and clear the site: Provided that the vacation and demolition of buildings may proceed simultaneously.

[367-A The [Corporation]2 may at any time with the prior approval of, and in accordance with such conditions as may be imposed by the State Government, abandon any scheme notified under section 42 of the U. P. Town Improvement Act, 1919, section 60 of the Cawnpore Urban Area Development Act, 1945 or section 363 of this Act, and upon such abandonment, any land in respect of which the acquisition is not complete up to the stage of making of award, and the owner and occupier of such land, shall cease to be subject to any liabilities under this chapter.]1

368- Subject to the rules made under this Act [Corporation]2 may retain, lease, sell, exchange or otherwise dispose of any land vested in or acquired by it under this Chapter: Provided that in leasing, selling, exchanging or otherwise disposing of land acquired for any scheme under this Chapter preference to such extent and in such manner as may be prescribed shall be given to the persons whose land was acquired for such schemes.

369- The Mukhya Nagar Adhikari may cause a survey of any land to be made whenever it considers that a survey is necessary for carrying out any of the purposes of this Chapter.

370- (1) The Mukhya Nagar Adhikari may, subject to the provisions of section 562 with or without assistants or workmen, enter into or upon any land in order-- (a) to make any inspection, survey, measurement, valuation or inquiry, (b) to take levels, (c) to dig or bore into the sub-soil, (d) to set out boundaries and intended lines of work, (e) to mark such levels, boundaries and lines by marks and cutting trenches, or (f) to do any other thing. whenever it is necessary to do so for any of the purposes of this Chapter, any rule or bye-law made, or scheme sanctioned under this Chapter. (2) Whenever the Mukhya Nagar Adhikari enters into or upon any land in pursuance of sub-section (I), the [Corporation]2 shall pay for any damage that may be caused. (3) The Mukhya Nagar Adhikari may make an entry for the purpose of inspection or search and may open or cause to be opened a door, gate or other barrier - (a) if he considers the opening thereof necessary for the· purpose of such entry, inspection or search, and (b) if the owner or occupier is absent, or being present refuses to open such door or gate or barrier.

371- (1) A Tribunal shall be constituted for the City by the State Government with the powers and duties specified hereinafter. (2) The Tribunal constituted under section 57 of the United Provinces Town Improvement Act, 1919, or the Cawnpore Urban Area Development Act, 1945, as the case may be, shall from the appointed day be dissolved. (3) All suits and proceedings pending before the Tribunal constituted under the United Provinces Town Improvement Act, 1919 or the Cawnpore Urban Area Development Act, 1945, as the case may be, shall be tried and proceeded with by the Tribunal constituted under sub-section (1) as if they had been filed before such Tribunal and the provisions of this Act and any rules made thereunder shall apply to all such suits and proceedings.

372- [(1)]1 The Tribunal shall perform the functions of the Court with reference to all acquisition of land for the [Corporation]2 for the purposes of this Act under the Land Acquisition Act, 1894 : Provided that no such claim shall be entertained by the Tribunal, unless the claimant has deposited in Court such sum, not exceeding Rs. 7,000, as the Tribunal may fix, as security, for the costs, which in the event of the claimant's failure may be awarded against him. [(2) The Tribunal shall also perform the functions referred to in Chapter VII of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, as applicable to [Corporation] premises under section 129-A.]1

373- (1) The Tribunal shall consist of[a single member, to be referred to as its presiding officer.]1 (2) [The said member]2 shall be a Civil Judicial officer not below the rank of a District Judge. [XXX]3 (3) [The said member]4 shall be appointed by the State Government. [(4) If for any reason a vacancy occurs in the office of the presiding officer of the Tribunal the State Government shall appoint another person in accordance with this section to fill the vacancy, and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (5) Any proceeding pending before the Tribunal (consisting of a Chairman and two assessors) immediately before the commencement of the Uttar Pradesh [Municipal Corporation] (Amendment) Act, 1972, may after such commencement be continued before the Tribunal consisting of the said Chari man as its presiding officer from the stage at which the constitution of the Tribunal is so changed.]5

374- [The presiding officer]6 of the Tribunal shall be paid from the [Corporation]9 such fixed remuneration, if any, as the State Government may prescribe.

375- (1) [The Tribunal]7 shall from time to time prepare a statement showing- (a) the number and grades of the members of the staff necessary for the Tribunal, (b) the salary to be paid to each member of the staff. (2) The terms and conditions of service of the members of the staff of the Tribunal shall be determined by [xxx]8 the State Government.

376- For the purpose of the acquisition of land for the [Corporation]9 under the Land Acquisition Act, 1894, whether under this Chapter or any other Chapter of this Act- (a) the said Act shall be subject to the modifications specified in the Schedule to this Act; (b) the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894.

377- In so far as they are not inconsistent with the provisions of this Act the provision of the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872, shall apply to all proceedings before the Tribunal.

378- [x x x]1

379- Subject to the provisions of section 381 the decision of the Tribunal shall be final, and shall not he questioned in any court of law.

380- Every order made by the Tribunal for the payment of money shall be enforced, on application, by the Court of Small Causes of the City, as if it were a decree of that Court.

381- (1) An appeal to the High Court shall lie from a decision of the Tribunal if- (a) [the Tribunal]2 grants certificate that the case is a fit one for appeal, or (b) the High Court grants special leave to appeal, provided that the High Court shall not grant such special leave unless the Chairman of the Tribunal has refused to grant a certificate under clause (a). (2) An appeal under sub-section (I) shall lie only on one or more of the following grounds, namely- (a) the decision being contrary to law or to some usage having the force of law; (b) the decision having failed to determine some material issue of law or usage having the force of law; (c) a substantial error or defect which may have produced an error or defect in the decision of the case upon merits either on a point of fact or of law. (3) Not withstanding anything contained in the foregoing provisions, no appeal shall lie under this section unless the appellant has deposited the money which he is liable to pay under the order from which the appeal is filed. (4) Subject to, the provisions of sub-section (I), the provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees, shall, so far as may be, apply to appeals under this Act. [(5) (i) An application for the grant of a certificate under clause (a) of sub-section (I) may be made within thirty days from the date of decision of the Tribunal. (ii) An appeal' against the decision of the Tribunal may be preferred within sixty days from the date of the grant of the said certificate. (iii) An application to the High Court for special leave to appeal under clause (b) of sub-section (1) may be made within sixty days from the date of the order of refusal of the said certificate. (5-A) The provisions of sections 5 and 12 of the Limitation Act, 1963, shall mutatis mutandis apply to an appeal or application under sub-section (5).]1 (6) An order passed by the High Court on appeal under this Act shall be enforced, on application, by the Court of Small Causes of the City, as if it were a decree of that Court.

382- (1) If it appears to the Development Committee that it is expedient in the interest of amenity to make provision for the preservation of any trees or woodlands in the City it may authorize the Mukhya Nagar Adhikari to make an order- (a) prohibiting, except with his permission, the cutting down, topping, lopping or wilful destruction of any tree or group of trees to be specified in the order; (b) securing (he replanting in such a manner as may be specified in the order of any part or a woodland of which trees have been felled in the course of forestry operations whether with or without the permission of the Mukhya Nagar Adhikari. (2) Any person aggrieved by an order of the Mukhya Nagar Adhikari under sub-section (1) may appeal to the State Government within 30 days from the service of the order upon him and the State Government may confirm any such order without modification or subject to such modification as it considers fit or revoke the order.

383- (1) A [Corporation] may, and if so required by the State Government shall, prepare in the manner and subject to the conditions prescribed by rules made in this behalf a Master Plan for the City. Explanation- In this section "Master Plan" means a comprehensive plan showing therein the existing and proposed location and general layout of- (a) arterial streets and transportation lines; (b) residential sections; (c) business areas; (d) industrial area; (e) educational institutions; (f) public parks, play grounds and other recreational facilities; (g) public and semi-public buildings; (h) other land uses which are necessary. (2) A Master Plan shall be revised at the end of every 10 years and may be revised earlier if the [Corporation]1 so thinks fit. (3) Notwithstanding anything in this Act, the improvement schemes and the layout of new streets, drains, parks, factories and buildings shall, as far as may be, be inconformity with the Master Plan: Provided that nothing in this section shall apply to the improvement schemes already sanctioned under the U. P. Town Improvement Act, 1919 or the U.P. Cawnpore Urban Area Development Act, 1945.

[383-A (1) A Corporation shall prepare every year a development plan for the City. (2) The Plan referred to in sub-section (1) shall be prepared by the Development Committee of the Corporation in the manner prescribed by rules. (3) The plan shall be laid before the Corporation which may approve it with or without modifications in such form as it may think fit and the Mukhya Nagar Adhikari shall submit it to the District Planning Committee referred to in Article 243-ZD of the Constitution by such date as may be prescribed by rules.]2

384- (1) The State Government may make rules to carry out the purposes of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the conduct of the business of the Tribunal, not being rules repugnant to the Code of Civil Procedure; (b) the manner of giving of public and personal notices in respect of improvement schemes; (c) submission by [Corporation]1 to the State Government progress reports about improvement schemes; (d) all matters relating to the preparation and revision of Master Plan for the City: (e) regulation of changes in land uses.

385- For the purpose of securing the efficient scavenging and cleansing of all streets and premises the Mukhya Nagar Adhikari shall- (1) provide for the surface cleansing of all streets in the City and removal of the sweeping therefrom; (2) provide or appoint in proper and convenient situations, public receptacles, depots and places for the temporary deposit of- (a) dust, ashes, refuse and rubbish, (b) trade refuse, (c) carcasses of dead animals; (d) excrementitious and polluted matters. (3) provide for the removal of the contents of all receptacles and deposits and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of dust, ashes refuse, rubbish, trade refuse, carcasses of dead animals and extrementitious and polluted matter: Provided that the final disposal of the matters referred to in clauses (a) to (d) of sub- section (2) shall be subject to any general or special directions of the [Corporation]1 or the State Government.

386- (1) The Mukhya Nagar Adhikari may, with the previous sanction of the Executive Committee by public notice to be given in the manner prescribed by rule, issue directions as to the time, manner and conditions etc., in and subject to which any matters specified in sub- section (2) of section 385 may be removed along a street, deposited or otherwise disposed of. (2) Without prejudice to the generality of the foregoing power, a direction issued under sub-section (1) may require that all matters specified in sub-section·{2) of section 385 collected by scavengers by private scavenging shall be deposited in the public receptacles, depots, and places provided or appointed under the said sub-section. (3) Where any direction has been issued under sub-section (I), no person shall remove along a street, deposit or otherwise dispose of any matters specified in sub-section (2) of section 385 in contravention of such direction.

387- All matters deposited in public receptacles, depots and places provided or appointed under section 385 and all matters collected by [Corporation]1 servants or contractors in pursuance of that section and section 386 shall be the property of the [Corporation]1.

388- (1) The Mukhya Nagar Adhikari may give public notice of his intention to provide, in such portion of the City as he may specify, for the collection, removal and disposal by [Corporation]1 agency, of all excrementitious and polluted matter from privies, urinals and cesspools, and thereupon it shall be the duty of the Mukhya Nagar Adhikari to take measures for the daily collection, removal and disposal of such matter from all premises situated in such portion of the City. (2) In any such portion as is mentioned in sub-section (1) and in any premises, wherever situated, in which there is a water-closet or privy connected with a [Corporation]1 drain it shall not be lawful, except with the written permission of the Mukhya Nagar Adhikari, for any person who is not employed by or on behalf of the Mukhya Nagar Adhikari to discharge any of the duties of scavengers.

389- (1) The Mukhya Nagar Adikari, may make such special arrangements, as he considers adequate for maintaining sanitation in the vicinity of any temple, math, mosque, tomb or any place or religious worship or instruction or entertainment to which large numbers of persons resort on particular occasions or in any place which is used for holding fairs, festivals or other public gatherings. (2) The Mukhya Nagar Adhikari may require any person having control over any such place as aforesaid to pay to the [Corporation]1 such contribution towards the cost of the special measures taken under sub- section (l) as the Executive Committee may from time to time fix, and such person shall be bound to pay the same out of the funds relating to such place.

390- (1) The Mukhya Nagar Adhikari may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof. (2) If it shall appear to the Mukhya Nagar Adhikari necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building to cause the same or any portion thereof to be limewashed, disinfected or otherwise cleansed.

391- (1) If the Mukhya Nagar Adhikari is of the opinion that any building or portion of a building intended for or used as a dwelling is unfit for human habitation, he may, with the previous approval of the Executive Committee and, unless there is in his opinion imminent danger to the occupier after the owner or occupier of such building has been given an opportunity in the manner prescribed to shall cause, by order in writing prohibit the use of such building or portion as a dwelling till such time as the same has been rendered fit for habitation. Explanation-The expression "unfit for human habitation" in this section means unfit for human habitation by reasons of sanitary defects, that is lack of air space or ventilation, darkness, dampness, absence of adequate and readily accessible water-supply or sanitary accommodation or of other convenience and inadequate drainage of courtyard or passages. (2) Where any order as is referred to in sub-section (1) has been made the owner or occupier of the building shall not use or suffer the same to be used for human habitation until the Mukhya Nagar Adhikari certifies that the same has been so rendered fit. (3) Where the Mukhya Nagar Adhikari has made any order under sub-section (1) he shall give written instructions to the owner or occupier as to what modifications or alterations are required to be made for rendering such building or portion of building fit for human habitation. (4) The Mukhya Nagar Adhikari may cause any person using any building or room in contravention of sub-section (2) to be removed from such building or portion by any police officer or [Corporation] servant. (5) The provisions of sub-sections (5) and (6) of section 334 shall apply on the issue by the Mukhya Nagar Adhikari of a certificate that the building or portion of building, as the case may be, has been Tendered fit for habitation as if such certificate were the' withdrawal of notice issued under sub-section (I) of the said section.

392- (1) if it shall appear to the Mukhya Nagar Adhikari that any building intended for or used as a dwelling is in any respect unfit for human habitation the Mukhya Nagar Adhikari may, by written notice, require the owner of the building to show cause why an order be Dot made to execute such works or carry out such alterations as would render the building fit for human habitation. (2) In addition to serving a notice under this section on the owner of the building the Mukhya Nagar Adhikari may serve a copy of the notice on any other person having an interest in the building or in the land, on which such building has been erected, whether as mortgagee, lessee or otherwise, (3) If t he owner arid any persons referred to m sub-section (2) fail to file any objection or the Mukhya Nagar Adhikari upon hearing of any objections filed is satisfied that the execution of works or carrying out of alteration is necessary to render the building fit for human habitation he shall by written notice require the owner of the building within a reasonable time, not being less than 21 days as may be specified in the notice, to execute such works or carry out such alterations, (4) Where it appears to the Mukhya Nagar Adhikari that immediate action is necessary for the purpose of preventing imminent danger to any person or property by the continuance of a, dwelling in a state unfit for human habitation, he may dispense with the issue of a notice under sub- section (1) and forthwith issue the notice referred to in sub-section (3) and serve a copy thereof on any other person referred to in sub-section (2).

393- (1) If it shall appear to the Mukhya Nagar Adhikari that any building intended for or used as a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner thereof a notice stating the date, not being less than twenty-one days after the service of the notice, and place at which the condition of the building and any offer with respect to the carrying out of works or the future use of the building will be considered by the Executive Committee, and every person upon whom such notice is served shall be entitled to be heard when the matter is so taken into consideration. (2) A person upon whom notice is served under sub-section (I) shall if he intends to submit an offer with respect to the carrying out of works, within twenty-one days from the dale of the service of the notice upon him, serve upon the Mukhya Nagar Adhikari notice in writing of his intention to make the offer and shall, within such reasonable period as the Mukhya Nagar Adhikari may allow submit to him a list of the works which he offers to carry out. (3) The Mukhya Nagar Adhikari may, with the previous approval of the Executive Committee, accept from any owner or any other person interested, an undertaking either that he will within a specified period carry out such works as will in the opinion of the Mukhya Nagar Adhikari render the building fit for human habitation, or that it shall not be used for human habitation until the Mukhya Nagar Adhikari on being satisfied that it has been rendered fit for that purpose and with the previous approval of the Executive Committee cancels the undertaking. (4) If no such undertaking as is mentioned in sub-section (3) is accepted by the Mukhya Nagar Adhikari or if, in a case where the Mukhya Nagar Adhikari has accepted such an undertaking, any work to which the undertaking relates is not carried out within the specified period, 'or the building is at any time used in contravention of the terms of the under- taking, the Mukhya Nagar Adhikari may, with the previous approval of the Executive Committee, make a demolition order requiring that the building shall be vacated within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall within such further period be demolished as the Mukhya Nagar Adhikari deems, reasonable and shall serve a copy of the order upon every person upon whom the notice under sub-section (I) was served. (5) Where it appears to the Mukhya Nagar Adhikari that immediate action is necessary for the purpose of preventing imminent danger to any person or property or a building of the nature specified in sub-section (I) and that the object of taking action under this section would be defeated by the delay in giving notice under that sub-section, he may with the previous approval of the Executive Committee make an order for demolition in the manner, as far as may be, provided in sub-section (4) but with the minimum period for compliance with the order reduced to seven days.

394- (1) As soon as a demolition order under section 393 has become operative, the owner of the building shall demolish it within the time limited in that behalf by the order, and if the building is not demolished within that time the Mukhya Nagar Adhikari may take measures to demolish the building and sell the materrals thereof. (2) Any expenses incurred by the Mukhya Nagar Adhikari under sub-section (1), after giving credit for the amount realized by sale of the materials, shall be payable by the owner of the building, and any surplus in the hands of the Mukhya Nagar Adhikari after payment of such expenses shall be refunded to the Owner. (3) Any person aggrieved by the decision of the Mukhya Nagar Adhikari under sub-section (2) may, within a period of one month, appeal to the Judge.

395- Any person aggrieved by- (i) an order under sub-section (I) of section 391; or (ii) an order under sub-section (3) or sub-section (4) of section 392; or (iii) a demolition order made under section 393, but not being an order made under sub-section (5) thereof; may within twenty-one days after the date of the service of a copy of the order appeal to the Judge, and no proceedings shall be taken by the Mukhya Nagar Adhikari to enforce any order in relation to which an appeal is brought before the appeal is finally determined.

396- (1) It shall be the duty of the Mukhya Nagar Adhikari to provide for the removal of the carcasses of all animals dying within the City. (2) The occupier of any premises in or upon which any animal shall die or in or upon which the carcass of any animal shall be found, and the person having the charge of any animal which -dies in the street or in any open place, shall within three hours after the death of such animal or, if the death occurs at night within three hours after sunrise, report the death of such animal at the nearest office of the [Corporation]1 health department. (3) For every carcass removed by [Corporation]1 agency, whether from any private premises or from public street or place, a fee for the removal of such amount as shall be fixed by the Mukhya Nagar Adhikari shall be paid by the owner of the animal or, if the owner is not known, by the occupier of the premises in or upon which, or by the person in "hose charge, the said animal died.

397- If the Director of Medical [Health and Family welfare,Uttar Pradesh or the Chief Medical Officer]2 or the Nagar Swasthya Adhikari certifies that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner- (a) in a place within the limits of a City is injurious or facilitates practices which are injurious to the, health of persons dwelling in the neighborhood, or (b) in a place within or beyond the limits of a City is likely to contaminate the water-supply of such City or otherwise render it unfit for drinking purposes, the Mukhya Nagar Adhikari may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method of irrigation so reported to be injurious, or impose such conditions with respect there to as may prevent the injury or contamination: Provided that when, on any land in respect of which such notice is issued, the act prohibited has been practised in the ordinary course of husbandry for the five successive years next preceding the date of prohibition, compensation shall be paid from the [Corporation]1 Fund to all persons interested, therein for damage caused to them by such prohibition.

398- The Mukhya Nagar Adhikari may, by notice, require the owner or occupier of any land to clear away and remove any vegetation or under-growth which may be injurious to health or offensive to the neighborhood.

399- (1) The Mukhya Nagar Adhikari may from' time to time by public notice- (a) set apart portions of a river or other suitable places vesting in the [Corporation]1 for use by the public for bathing or for washing animals, or for washing or for drying clothes; (b) specify the times at which and the sex of persons by whom, such places may be used: (c) prohibit the use by the public for any of the said purposes of any place not so set apart; (d) prohibit the use by the public of any portion of a river or place not vesting in the [Corporation]1 for any of the said purposes;' (e) regulate the use by the public of any portion of a river or other place vesting in the Mahapalika and set apart by him for any of the said purposes; and (f) regulate the use by the public of any portion of a river or other place not vesting in the [Corporation]1 for any of the said purposes, and of any work, and of the water in any work, assigned and set apart under this Act for any particular purpose. (2) The Mukhya Nagar Adhikari may charge such fees as the Executive Committee may fix for the use 'of any place set apart under clause (a) of sub-section (1), by any specified class or classes of persons or by the public generally.

400- Except as may be permitted by any order made by the Mukhya Nagar Adhikari in that behalf no person shall- (a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well or on any part of a river or other place vesting in the [Corporation]1; (b) introduce in any tank, reservoir, stream, wall or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health; (c) whilst suffering from any contagious, infectious or loathsome disease, bathe on, in or near any bathing platform, lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well; (d) wash or cause to be washed in or near any such place or work; any animal, clothes or other articles; (e) throw, put or cause to enter into the water in any such place or work, any animal or other thing; (f) cause or suffer to drain into or upon any such place or work, or to be brought thereinto or thereupon, anything, or do anything whereby the water shall be in any degree fouled or corrupted; (g) dry clothes in or upon any such place; (h) in contravention of any order made by the Mukhya Nagar Adhikari under section 399 use any portion of a river or any place not vesting in the [Corporation]1 for any purpose mentioned in the said section; (i) contravene the provisions of any notice given by the Mukhya Nagar Adhikari under section 399 for the use of any such portion of a river or place for any such purpose.

401- No person shall- (i) newly establish in any premises, (ii) remove from one place to another, (iii) re-open or renew after discontinuance for a period of not less than three years, or (iv) enlarge or extend the area or dimensions of, any factory, workshop or workplace in which it is intended to employ steam, water, electrical or other mechanical power or any bakery except with the previous written permission of the Mukhya Nagar Adhikari nor shall any person work or allow to be worked any such factory, workshop, workplace or bakery without such permission: Provided that for the purpose of clause (iii) no such permission shall be required if during the period of discontinuance the machinery has not been removed from the place where the factory, workshop or bakery was originally established.

402- No person engaged in any trade or manufacture specified in section 438 or the rules shall- (a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water be-longing to the [Corporation]1 or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid, (b) wilfulIy do any act connected with any such trade or manufacture as aforesaid, whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place for water is fouled, polluted or contaminated.

403- (1) The Mukhya Nagar Adhikari may, by notice, require the owner of, or the person having control over, a private water-course, spring, tank, well or other place, the water of which is used for drinking, to' keep and maintain the same in good repair and to clean the same, from time to time, of silt, refuse or decaying vegetation, and may also require him to protect the same from pollution in such manner as the [Corporation]1 may think fit. (2) When the water of any such water-course, spring, tank, well or other place is proved to the satisfaction of the Mukhya Nagar Adhikari to be unfit for drinking the Mukhya Nagar Adhikari may, by notice, require the owner or person having control thereof to desist from so using such water or permitting others to so use it, and if, after such. notice, such water is used by any person for drinking, the Mukhya Nagar Adhikari, may by notice require the owner or person having control thereof to close such well, either temporarily or permanently, or to enclose or fence such water-course, spring, tank, well or other place in such manner as he may direct, so that the water thereof may not be so used.

404- The Mukhya Nagar Adhikari may require by notice any person employing more than twenty workmen or labourers or owning, managing or having, control of a market, school or theatre or other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleansed: Provided that nothing in this section shall apply to a factory regulated by the [Factories Act, 1948].1

405- The Mukhya Nagar Adhikari may by notice require the owner- or occupier of any land or building to cleanse, repair, cover, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the Mukhya Nagar Adhikari to be injurious to health or offensive to the neighborhood: Provided that the owner or occupier may require the Mukhya Nagar Adhikari to acquire at the expense of the [Corporation] or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under this section.

406- Where a person attacked with a dangerous disease or suffering from such disease is- (a) found lying in any vehicle or any public place, or (b) without proper lodging or accommodation, or (c) living in a room or house which he neither owns nor is otherwise. entitled to occupy, or (d) lodged in a room or set of apartments occupied by more than one family and any of the occupiers objects to this continuing to lodge therein, the Mukhya Nagar Adhikari may on the advice of a medical officer of rank not inferior to that of an Assistant Surgeon remove the patient to the hospital or a place at which persons suffering from such disease are received for medical treatment and may do anything necessary for such removal.

407- The Mukhya Nagar Adhikari may at any time, by day or by night, without notice or after giving such notice of his intention as shall in the circumstances, appear to him to be reasonable, inspect an y place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.

408- Every person- (a) being a medical practitioner and in the course of such practice becoming cognizant of the existence of any dangerous disease m any dwelling other than a public hospital in the City, or (b) in default of such medical practitioner, being the owner or occupier of such dwelling, and being cognizant of the existence of any such dangerous disease therein, or (c) in default of such owner or occupier, being the person in charge of, or in attendance on, a person suffering from any such dangerous disease in such dwelling and being cognizant of the existence of the disease therein; shall give information to such officer as the Mukhya Nagar Adhikari may appoint in this behalf respecting the existence of such disease.

409- The Mukhya Nagar Adhikari may on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order: Provided that such lodging house or place may be declared to be open if the Nagar Swasthya Adhikari certifies that it has been disinfected or is free from infection.

410- No person while suffering from any dangerous disease or loathsome disorder shall- (a) make or offer for sale an article of food or drink for human consumption or a medicine or drug, or (b) wilfully touch any such article, medicine or drug when exposed for sale by others, or (c) take any part in the business of washing or carrying soiled clothes.

411- (1) In the event of the City being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infections disease breaking out or being likely to be introduced into the City, the Mukhya Nagar Adhikari if he thinks the ordinary provisions of this Act and any rules thereunder or of any other law at the time in force are insufficient for the purpose, may, with the sanction of the State Government- (a) take such special measures, and (b) by public notice prescribe such temporary orders to be observed by the public or by any person or class of persons, as are specified in any rules in this behalf and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof. (2) The Mukhya Nagar Adhikari shall forthwith report to the [Corporation]1 any measures taken and any orders made by him under sub-section (I).

412- (1) Every owner or person having the control of any place already used for burying or otherwise disposing of the dead, shall apply to the Mukhya Nagar Adhikari within a period of six months from the appointed day to register the same and the Mukhya Nagar Adhikari shall cause the same to be registered. (2) Such applications shall be accompanied by a plan bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor, of the place to be registered, showing the locality, boundaries and extent of the same. The application shall also contain information as regards the name of the owner or person or community interested therein, the system of management and such further particulars as the Mukhya Nagar Adhikari may require. (3) The Mukhya Nagar Adhikari may, on receipt of such application and plan, register the said place in a register which shall be kept for this purpose. (4) The Mukhya Nagar Adhikari shall cause to be deposited in the [Corporation]1 office at the time of registration the plan referred to in sub-section (2). (5) If the Mukhya Nagar Adhikari is not satisfied, with the plan or statement of particulars he may refuse or postpone registration, until his objections have been removed. (6) Every place vesting in the [Corporation]1 used for burying, burning or otherwise disposing of the dead shall be registered in the register kept under sub-section (3), and a plan showing the locality, extent and boundaries thereof and bearing the signature of the Mukhaya Nagar Adhikari shall be deposited in the [Corporation]1 office.

413- No place shall which has never previously been lawfully used as a place for the disposal of the dead and registered as such be opened by any person for the said purpose without the written permission of the Mukhya Nagar Adhikari who, with the approval of the [Corporation]1, may grant or withhold such permission.

414- (1) If the existing places for the disposal of the dead shall at any time appear to be insufficient or if any place is closed under the provisions of section 415 the Mukhya Nagar Adhikari shall, with the sanction of the [Corporation]1 provide other fit and convenient places for the said purpose, either within or without the city, and shall cause the same to be registered in the register kept under section 412 and shall deposit in the [Corporation]1 office, at the time of registration of each place so provided, a plan thereof showing the locality, extent and boundaries of the same. (2) All the provisions of this Act and the rules and byelaws shall apply to any place provided under sub-section (I) without the City and vesting in the [Corporation]1 as if such place were situate within the City.

415- (1) If after personal inspection the Mukhya Nagar Adhikari is at any time of opinion- (a) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any churchyard or burial ground adjacent thereto, or (b) that any other place used for the disposal of the dead is or is likely to become injurious to public health, he may submit his considered opinion with the reasons therefor to the [Corporation]2, and the [Corporation]2 shall forward the same with its opinion, for the consideration of the State Government. (2) Upon receipt of the opinion mentioned in sub-section (1) the State Government after such further enquiry as it deems fit to make, may, by notification published in the official Gazette and in such newspapers all it may deem necessary, direct that such place of public worship or other place shall no longer be used for the disposal of the dead. (3) On the expiration of three months from the date of any such notification, the place to which it relates hall no longer be used for the disposal of the dead. (4) Private space set apart for burial may be exempted from any such direction subject to such conditions as the Mukhya Nagar Adhikari may impose III this behalf, provided that the limits of such space are suffciently defined and that it shall only be used for the burial of members of the family of the owners thereof.

416- (1) If, after personal inspection, the Mukhya Nagar Adhikari is of opinion that any place which bad been closed under the provisions of section 415 has, be lapse of time, become no longer injurious to health and may without risk or danger be again used for the said purpose, he may submit his opinion with the reasons therefor to the [Corporation]2, which shall forward the same, with its opinion for the consideration of the Stale Government. (2) Upon receipt of such opinion the State Government after such further enquiry as it deems fit to make, may, by notification in the official Gazette direct that such place be re-opened for the disposal of the dead.

417- (1) No person shall, without the written permission of the Mukhya Nagar Adhikari under sub-section (2)- [(a) make any vault 01 grave or interment within any wall of any place of worship or underneath any passage, porch, portico, plinth or verandah of any such place;]1 (b) make any internment or otherwise dispose of any corpse in any place which is closed for the dead under section 415; (c) build, dig, or cause to be built or dug any grave or vault, or in any way dispose of or suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under section 412; (d) exhume any body, except under the provisions of section 176 of the Code of Criminal Procedure, 1898, or of any other law for the time being in force from any place for the disposal of the dead. (2) The Mukhya Nagar Adhikari may in special cases grant permission for any of the purposes aforesaid, subject to such general or special orders as the State Government may from time to time make in this behalf.

418- No person shall- (a) retain a corpse on any premises without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance; (b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or Without taking such precautions to prevent risk of infection or injury to the public health as the Mukhya Nagar Adhikari may, by public notice, from time to time think fit to require; (c) except where no other route is available, carry a corpse or part of a corpse along any street along which the carrying of corpse is prohibited by a public notice issued by the Mukhya Nagar Adhikari in this behalf; (d) remove a corpse or part of a corpse, which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle; (e) whilst conveying a corpse or part of a corpse place or leave the same on or near any street without urgent necessity; (f) bury or cause to be buried any corpse or part of a corpse in a grave or vault or otherwise in such manner as that the surface of the coffin, or, when no coffin is used, the corpse or part of a corpse shall be at a less depth than six feet from the surface of the ground; (g) build or dig, or cause to be built or dug, any grave or vault in any burial ground at a less distance than two feet from the margin of any other grave or vault; (h) build or dig or cause to be built or dug, a grave or vault in any burial ground in any line not marked out for this purpose by or under the order of the Mukhya Nagar Adhikari ; (i) without the written permission of the Mukhya Nagar Adhikari, re-open for the internment of a corpse or of any part of a corpse, a grave or vault already occupied: (j) after bringing or causing to be brought to a burning ground any corpse or part of a corpse, fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground; (k) When burning or causing to be burnt any corpse, or part of a corpse, permit the same or any portion thereof to remain with- out being completely reduced to ashes or permit any cloth or other article used for the conveyance or burning of such corpse or part of a corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes.

419- The State Government may, by order which shall be published in the official Gazette apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this chapter and of rules made thereunder, subject to adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon they provisions and rules so applied shall have effect in that area as if it were within the City.

420- (1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing powers such rules may be provided for- -- (i) liability of owners and occupiers to collect and deposit dust, etc; (ii) liability of occupiers in areas not covered by section 388 to have collected and conveyed to receptacles, etc provided under section 385 excrementitious and polluted matter accumulating upon their premises; (iii) removal of rubbish and filth accumulating in large quantities on premises; (iv) removal of nuisance caused by- (a) accumulating of building materials on premises; (b) defective roofs or other insanitary condition of premises; (c) smoke of kitchens in dwelling houses and other smoke, dust, etc. (d) pools, swamp, ditch, tank, well, pond, quarry holes, drain, water-course or any collection of water; (e) dangerous tanks, wells, holes, etc. ; (f) dangerous quarrying; (g) collection of offensive matter in premises; (v) cleansing of insanitary private water-course, spring, tank, well, etc. used for drinking; (vi) regulation of keeping and tethering of animals in the City; (vii) sanitary regulation of factories or workshops, work-place, etc. subject to the provisions of the Indian Boilers Act, 1923 and supplying of information connected therewith; (viii) regulation of washing of clothes by washer men and provision of washing places; (ix) giving of information of animals suffering from contagious or infection diseases; (x ) disinfection of houses and other public and private places to prevent spread of dangerous diseases; (xi) prohibition and regulation of the use of whistles, trumpets, loudspeakers and other noise-producing instrument operated by any mechanical means; (xii) the removal, trimming and cutting of trees and hedges.

421- For the purposes of this Chapter all markets and slaughter houses other than [Corporation]1 markets and slaughter-houses shall be deemed to be private markets and slaughter-houses.

422- Subject to the provisions of this Act and the rules and bye-laws framed thereunder the Mukhya Nagar Adhikari shall have the power- (a) upon being authorized by the [Corporation]1 in that behalf, to construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a [Corporation]1 market or a [Corporation]1 slaughter-house or stock-yard within, and with the prior sanction of the State Government, without the limits of the [Corporation]1 and of extending or improving any existing [Corporation]1 market or Slaughter-house; (b) from time to time, to build and maintain such [Corporation]1 markets, slaughter-houses and stock-yards and such stall, shops, sheds, pens and other buildings or conveniences as may be deemed necessary for the use of the persons carrying on trade or business in, or frequenting, such [Corporation]1 markets, slaughter- houses or stock-yards; (c) to provide for maintaining in any such [Corporation]1 markets, such buildings, places, machines, weights, scales and measures for weighing and measuring, goods sold therein as he shall think fit ; (d) upon being authorized by the Mabapalika in that behalf, to close any [Corporation]1 market or slaughter-house or stock-yard or any portion thereof and to dispose of as the property of the [Corporation]1 the premises occupied for any market or slaughter-house or stock-yard or any portion thereof so closed; (e) with the previous sanction of the [Corporation]1,to prohibit by public notice from time to time within a distance of fifty yards of any [Corporation]1 market the sale or exposure for sale of the commodities or of any of the commodities specified in the notice ordinarily sold in the said [Corporation]1 market and with like sanction to cancel or modify any such notice at any time; (f) to charge for the occupation or use of any stall, shop, standing, shed or pen or other building in a [Corporation]1 market, slaughter-house or stock-yard, and for the right to expose goods for sale in a [Corporation]1 market, and for weighing and measuring goods sold in any such market and for the right to slaughter animals in any [Corporation]1 slaughter-houses, such stallages, rents and fees as shall, from time to time be fixed by him, with the approval of the Executive Committee, in that behalf; (g) with the approval of the Executive Committee, farm the stallages, rents and fee leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time, or (h) to put up to public auction or with the approval of the Executive Committee, dispose of, by private sale, the privilege of occupying or using any stall, shop, standing, shed or pen or other building in a [Corporation]1 market, slaughter-house or stock-yard for such term and on such conditions as he shall think fit.

423- (1) The [Corporation]1 shall from time to time determine whether the establishment of new private markets or the establishment or maintenance of private slaughter-houses shall be permitted in the City or in any specified portion of the City. (2) No person shall establish a private market for the sale of, or for the purpose of exposing for sale, animals intended for human food, or any article of human food or livestock or articles of food for livestock or shall establish or maintain a private slaughter-house except with the sanction of and after obtaining a licence from the Mukhya Nagar Adhikari who shall be guided in giving such sanction and licence by the decisions of the [Corporation]1 at the time in force under sub-section (1) : Provided that the Mukhya Nagar Adhikari shall not refuse to give sanction or to grant licence for running a private market or a slaughter- house already lawfully established on, the appointed day if application for such sanction and licence is made within two months of the appointed day, except on the ground that the place where the market or slaughter-house is established fails to comply with any requirements of this Act or of any rule or bye-law framed thereunder. (3) When the establishment of a private market or a slaughter-house has been so sanctioned, the Mukhya Nagar Adhikari shall cause a notice of such sanction to be affixed in Hindi and such other language or languages as the [Corporation]1 may from time to time specify on some conspicuous spot on or near the building or place where such market is to be held. Explanation-For the purpose of sub-section (2) the owner or occupier of a place in which a private market or slaughter house is established shall be deemed to have established such market. (4) The Mukhya Nagar Adhikari shall not cancel or suspend or refuse to renew any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation or with some bye-law. (5) The Mukhya Nagar Adhikari may cancel or suspend any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee, or other payment received by him or his agent from any persons for the occupation or use of any stall, shop, standing, shed, pen or other place therein. (6) When the Mukhya Nagar Adhikari has refused, cancelled or suspended any licence to keep open a private market he shall cause a notice of his having so done to be affixed in such language or languages as the [Corporation] may from time to time specify on some conspicuous spot on or near the building or place where such market has been held.

424- No person shall, without the written permission of the Mukhya Nagar Adhikari and without the payment of such fees as may be prescribed by him, remove any live cattle, sheep, goats or swine from any [Corporation]1 slaughter-house or stock-yard or from any [Corporation]1 market or premises used or intended to be used for or in connexion with such slaughter-house or stock-yard: Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, stock-yard, market or premises and which has not been within such slaughter- house, stock-yard, market or premises for a period longer than that prescribed under orders made by the Mukhya Nagar Adhikari in this behalf, or which has in accordance with any bye-laws, been rejected as unfit for slaughter at such slaughter-house, market or premises.

425- (1) The Mukhya Nagar Adhikari may expel from any [Corporation]1 market, slaughter-house or stock-yard any person, who or whose servant has been convicted of contravening any rule, bye-law or regulation in force in such market, slaughter-house or stock-yard and may prevent such person by himself or his servants from further carrying on any trade or business in such market, slaughter-house or stock-yard or occupying any stall, shop-standing, shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place. (2) If the owner of any private market or slaughter-house licensed under this Act or the lessee of such market or slaughter-house or any stall therein or any agent or servant of such owner or lessee has been convicted for contravention of any rule, bye-law or regulation the Mukhya Nagar Adhikari may require such owner, lessee, agent or servant to re-move himself from any such market or slaughter-house within such time as may be mentioned in the requisition and if he fails to comply with such requisition, he may in addition to any penalty which may be imposed on him under this Act, be summarily removed from such premises: (3) If it appears to the Mukhya Nagar Adhikari that in any such case the owner or lessee is acting in collusion with a servant or agent convicted as aforesaid who fails to comply with a requisition under sub- section (2), the Mukhya Nagar Adhikari may, if he thinks fit, cancel the licence of such owner or lessee in respect of such premises.

426- (1) No person shall, without licence from the Mukhya Nagar Adhikari sell or expose for sale any animal or article in any [Corporation]1 market. (2) Any person contravening this section may be summarily removed by any [Corporation]1 officer or servant.

427- No person who knows that any private market has been established without the sanction of the Mukhya Nagar Adhikari, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Mukhya Nagar Adhikari, shall sell or expose for sale therein any animal or articles of human food or any livestock or food for livestock.

428- No person shall, without a licence from the Mukhya Nagar Adhikari, sell or expose for sale- (a) any four-footed animal or any meat or fish intended for human food, in any place other than a [Corporation]1 or private market; (b) ices and syrups or aerated waters, Kulfi, sugarcane juice, cut or peeled fruit and vegetables, any confectionary or sweetmeats whatsoever or such other cooked food or other articles intended for human consumption as may from time to time by public notice be specified by the Mukhya Nagar Adhikari in any place other than a [Corporation]1 or private market or licensed eating house or sweetmeat shop.

429- No person shall without the permission of the Mukhya Nagar Adhikari slaughter or cause to be slaughtered any animal for sale in the City except in a [Corporation]1 slaughter-house or a licensed private slaughter-house.

430- The Mukhya Nagar Adhikari may, by public notice, and with the previous sanction of the [Corporation]1, fix premises within the City in which the slaughter of animals of any particular kind not for sale or the cutting up of carcass of any such animal shall be premitted, and prohibit, except in case of necessity, such slaughter elsewhere within the City: Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose.

431- Whenever it appears to the District Magistrate to be necessary for the preservation of the public peace or order, he may, subject to the control of the Prescribed Authority, prohibit or regulate, by public notice the slaughter, within the limits of a City, of animal or animals of any specified description for purposes other than sale and prescribe the mode and route in and by which such animals shall be brought to and meat shall be conveyed from, the place of slaughter.

432- (1) No person shall without the written permission of the Mukhya Nagar Adhikari bring into the City any cattle, sheep, goats or swine intended for human consumption, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act. (2) Any police officer may arrest without warrant any person bringing into the City any animal or flesh in contravention of sub- section (I). (3) Any animal brought into the City in contravention of this section may be seized by the Mukhya Nagar Adhikari or by any [Corporation] officer or servant or by any Police Officer or in or upon Railway premises by any Railway servant and any animal or flesh so seized may be sold or otherwise disposed of as the Mukhya Nagar Adhikari shall direct and the proceeds, if any, shall belong to the [Corporation]1 . (4) Nothing in this section shall be deemed to apply to cured or preserved meat.

433- (1) If the Mukhya Nagar Adhikari shall have reason to believe that any animal intended for human consumption, has been or is likely to be slaughtered, or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorized under the provisions of this Act, the Mukhya Nagar Adhikari may at any time, by day or by night, without notice, enter such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein . (2) The Mukhya Nagar Adhikari may remove and sell by auction of otherwise dispose of any animal or the carcass of any animal or any flesh seized under sub-section (1). (3) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Mukhya Nagar Adhikari or if such owner is convicted of an offence under this Act in respect of such animal or carcass or flesh the proceeds of any sale under sub-section (I) shall vest in the [Corporation]1. (4) No claim shall lie against any person for compensation for any damage neccessarily caused by any entry made under sub-section (I) or by the use of any force necessary for effecting such entry.

434- It shall be the duly of the Mukhya Nagar Akhikari to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.

435- (1) The Mukhya Nagar Adhikari may at all reasonable times inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same. (2) If any such animal or article appears to the Mukhya Nagar Adhikari to be diseased or unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or, contained therein unwholesome or unfit for human consumption, he may seize and carry away such animal, article, utensil or vessel, in order that the same may be dealt with as hereinafter provided and he may arrest and take to the nearest police station any person in charge of any such animal or article.

436- If any meat, fish, vegetable or other article of a perishable nature be seized under section 435 and the same is in the opinion of the Mukhya Nagar Adhikari, diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Mukhya Nagar Adhikari shall cause the same to be forthwith destroyed in such manner as to prevent its being again .exposed for sale or used for human consumption and the expense thereof shall be paid by the person in whose possession such article was at the time of its seizure.

437- (1) If it is shown to the satisfaction of the Mukhya Nagar Adhikari that any building or place within the limits of the City which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to occasion a public nuisance, the Mukhya Nagar Adhikari may at his option require by notice the owner or occupier of the building or place- (a) to desist or refrain, as the case may be, from using or allowing to be used, the building or place for such purpose, or (b) only to use, or allow to be used, the building or place for such purpose under such conditions or after such structural alterations as the [Corporation]1 imposes or prescribes in the notice with the object of rendering the use of the building or place for such purpose free from objection. (2) Whoever, after receiving a notice given under sub-section (I), uses or allows to be used any building or place in contravention of the notice shall be liable on conviction to a fine which may extend to two hundred rupees and to a further fine which may extend to forty rupees for every day on which he so uses of allows to be used the place or building after the date of the first conviction.

438- (1) Except under and in confirmity with the terms and conditions of a licence granted by the Mukhya Nagar Adhikari, no person shall- (a) keep in or upon any premises any article specified in the bye- laws in any quantity or in excess of the quantity specified in the bye-laws as the maximum quantity of such article which may at one time be kept in or upon the same premises without a licence, and (b) keep in or upon any building intended for or used as a dwelling or within fifteen feet of such building cotton, in pressed bales or boras, or loose, in quantity exceeding four hundred-weight; (c) keep, or allow to be kept, in or upon any premises horses, cattle or other four-footed animals- (i) for sale, (ii) for letting out on hire, (iii) for any purposes for which any charge is made or any remuneration is received, or (iv) for sale of any produce thereof; (d) carryon or allow to be carried on, in or upon any premises- (i) any trade or operations connected with any trade specified in the bye-laws, (ii) any trade or operation which is dangerous to life or health or property, or likely to create a nuisance either from its nature or by reason of the manner in which or the conditions under which, the same, is or is proposed to be carried on; (e) carryon within the City, or use any premises, for trade or operation of a farrier. (2) A person shall be deemed to have known that a trade or operation is dangerous or likely to create a nuisance within the meaning of paragraph (ii) of clause (d) of sub-section (I), if written notice to that effect, signed by the Mukhya Nagar Adhikari, has been served upon such person or affixed to the premises to which it relates. (3) A person shall be deemed to carryon or to allow to be carried on a trade or operation within the meaning of clause (d) of sub-section (I) if he does any act in furtherance of such trade or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman or otherwise. (4) when any premises are used in the manner prescribed in clause (c) or (d) of sub-section (1) it shall be presumed, until the contrary is proved, that the owner or occupier of such premises, or both have permitted such use. (5) It shall be lawful for the Mukhya Nagar Adhikari--- (a) to grant any licence referred to in sub-section (1) subject to such further restriction or conditions (if any), as he shall think fit in the circumstances of the case, or (b) to withhold any such licence. (6) Every person to whom a licence is granted by the Mukhya Nagar Adhikari under sub-section (l) shall keep such licence in or upon the premises, if any, to which it relates. (7) The Mukhya Nagar Adhikari may at any time by day or night enter or inspect any premises, for the use of which a licence has been granted under this section. (8) Nothing in sub-sections (6) and (7) shall be deemed to apply to mills for spinning or weaving cotton, jute, wool or silk or to any other large mill or factory which the Mukhya Nagar Adhikari may from time to time with the approval of the Executive Committee, specially exempt from, the operation thereof. (9) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the Use of any force necessary for effecting such entry provided that force shall not be used for effecting an entry, unless when there is reason to believe that an offence is being committed against some provision of this Act or some bye-law made under this Act.

439- No person shall, without or otherwise than in conformity with the terms of a licence granted by the Mukhya Nagar Adhikari in this behalf- (a) carryon within the City, or at any [Corporation]1 slaughter-house, the trade of a butcher ; (b) use any place in the City for the sale of the flesh of any animal intended for human consumption or any place without the City for the sale of such-flesh for consumption in the City.

440- No person shall without, or otherwise than in conformity with the terms of a licence granted by the Mukhya Nagar Adhikari in this behalf- (a) carry on within the City the trade or business of a dairyman; (b) use any place in the Pity as a dairy or for the sale of any dairy produce.

441- (1) Every-architect, engineer, structural designer, surveyor or plumber carrying on his profession in the City shall take out a licence in that behalf from the Mukhya Nagar Adhikari. (2) The licence shall be for a term to be fixed by bye-laws, but may be renewed as often as may be necessary for further terms on payment of the prescribed fee. (3) No licence shall be granted under section (1) unless the person applying therefor possesses the qualifications prescribed in that behalf and no application for a licence shall be refused if the applicant possesses those qualifications except on the ground that there is a reasonable apprehension that he is incompetent or has been found guilty of gross misconduct in the discharge of his duty as architect, engineer, structural designer, surveyor, or plumber, as the case may be.

442- No licensed plumber shall execute any work under this Act carelessly or negligently make use of bad material, appliance or fitting for the purpose of such work.

443- The Executive Committee shall fix the fees or charges to be paid to licensed plumbers for any work done by this for all or any purpose under this Act, and no licensed plumber shall demand or receive more than the fee or charge so prescribed for-any such work.

444- Whoever, in a street or public place .within the limits of the City loiters for the purpose of prostitution or importunes a person to the commission of sexual immorality, shall be liable on conviction to a fine which may extend to fifty rupees : Provided that no. court shall take cognizance of an offence under this section except on the complaint of the person importuned or on the complaint of a [Corporation]1 or a police officer not below the rank of a sub-inspector respectively authorized in this behalf in writing by the [Corporation]1 and the District Magistrate.

445- (1) When a magistrate of the first class receives information- (a) that a house in the vicinity of a place of worship or an educational institution or a boarding house, hostel or mess used or occupied by students is used as a brothel or for the purpose of habitual prostitution or by disorderly persons of any description, or (b) that any house is used as aforesaid to the annoyance of respectable inhabitants in the vicinity, or (c) that a house in the immediate neighborhood of a Cantonment is used as a brothel or for the purpose of habitual prostitution, he may summon the owner, tenant, manager or occupier of the house to appear before him either in person or by agent; and if satisfied that the house is used as described in clause (a), clause (b), or clause (c), may by a written: order, direct such owner, tenant, manager, or occupier, within a period to be stated in such order, not less than five days from the date thereof; to discontinue such use: Provided that action under this sub-section shall be taken only— (i) with the sanction or by order of the District Magistrate, or (ii) on the complaint of three or more persons residing in the immediate vicinity of the house to which the complaint refers, or (iii) on the complaint of the [Corporation]1. (2) If a person against whom an order has been passed by a Magistrate under sub-section (1) fails to comply with such order within the period stated therein, the Magistrate may impose on him a fine which may extend to one hundred rupees for every day after the expiration of that period during which the house is so used.

446- whoever, in a street or public place within the City, begs importunately for alms, or exposes or exhibits with the objects of exciting charity a deformity or disease or an offensive sore or wound, shall be liable on conviction to imprisonment which may extend to one month or to a fine which may extend to fifty rupees or to both.

447- No person shall feed or allow to be fed animal which is kept for dairy purposes, or may be used for food, on filthy or deleterious substances.

448- The Mukhya Nagar Adhikari may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stacking or collecting wood, dry grass, straw or other inflammable materials, or from placing mats or thatched huts or lighting fires in a place or within limits specified in the notice.

449- (1) No person shall displace, take up or make an alteration in, or otherwise interfere with, the pavement, gutter flags or other materials of public street, or the fences, walls or posts thereof, or a [Corporation]1 lamp, lamp-post, bracket, direction-post stand-post, hydrant or other such [Corporation]1 property therein without the written consent of the Mukhya Nagar Adhikari or other lawful authority, and no person shall extinguish a [Corporation]1 light. (2) Any expense incurred by the [Corporation]1 by reason of the doing of any such things as is mentioned in sub-section (I) may be recovered from the offender in the manner provided by Chapter XXI.

450- No one shall discharge firearms or let off fireworks or fire baloons or engage in a game, in such a manner as to cause, or to be likely to cause, danger to persons passing by or dwelling or working in the neighborhood, or risk of injury to property.

451- (1) Whenever it is provided by or under this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which and the restrictions and conditions subject to which, the same is granted and the date by which an application for the renewal of the same shall be made and shall be given under the signature of the Mukhya Nagar Adhikari or of a [Corporation]1 Officer empowered under section its to grant the same. (2) Except as may otherwise be provided by or under this Act, for every such licence or written permission a fee may be charged at such rate as shall from time to time be fixed by, the Mukhya Nagar Adhikari, with the sanction of the [Corporation]1. (3) Subject to the provisions of the proviso to sub-section (2) of section 423 any licence or written permission granted under this Act may at any time be suspended or revoked by the Mukhya Nagar Adhikari, if he is satisfied that it has been secured by the holder through misrepresentation or-fraud or if any of its respecting or condition is infringed or evaded by the person to whom the same has been granted, or if the said person is convicted of an infringement of any of the provisions of this Act or of any rule, bye-law or regulation in any matter or to which such licence or permission relates. (4) When any such licence or written permission is 'Suspended or removed, or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Act be deemed to be without a licence or written permission, until the Mukhya Nagar Adhikari's order for suspending or revoking the licence or written permission is cancelled by him or until the licence or written permission is renewed, as the case may be: Provided that when an application has been made for the renewal of a licence or permission by the date specified therein the applicant shall be entitled to act as if it has been renewed pending the receipt of orders. (5) Every person to whom any such licence or written permission has been granted shall, at all reasonable times, while such written permission or licence remains in force, if so required by the Mukhya Nagar Adhikari, produce such licence or written permission. (6) Every application for a licence or permission shall be addressed to the Mukhya Nagar Adhikari, (7) The acceptance by or on behalf of the Mukhya Nagar Adhikari of the fee for a licence or permission shall not in itself entitle the person paying the fee to the licence or permission.

452- The Mukhya Nagar Adhikari may charge a fee to be fixed by bye-law for any licence, sanction or permissision which he is entitled or required to grant by or under this Act.

453- (1) The State Government may make rules to carry out the purposes of this Chapter. (2) Without prejudice to the generality of the foregoing power such rules may provide for- (a) the regulation of sales with a or outside [Corporation] or private markets; (b) defining or determining the limits of private markets; (c) proper approaches and environs and ventilation for private markets; (d) proper pavement and drainage of private markets and slaughter-houses; (e) issue or orders for the guidance of licensed surveyors, architects or engineers, structural designers, clerks, clerks of works and plumbers, respectively.

454- The Mukhya Nagar Adhikari shall cause to be maintained a register of births and deaths in which shall be entered in the manner prescribed, every birth or death taking place in the City.

455- The State Government may frame, rules to provide for ;- (a) the procedure for securing information regarding births and deaths in the City; (b) the particulars to be entered in any register of births and deaths; (c) the powers to be exercised by officers and servants of the [Corporation]1 for collecting the information regarding births and deaths. (d) giving of information of each birth and deaths in the City by, the father, another, or other relation of the new born or the de- ceased, as the case may be, or by any, other person, to officer and servants of the [Corporation]1 and correction of errors in registers of births and deaths: - (e) registration of the name of the child or of alteration of the names; and (f) such other incidental and consequential matters as may be necessary for the purpose of carrying out the provisions of this Chapter.

456- In any case not otherwise expressly provided form this Act, or in any rule or bye-law made thereunder, the Mukhya Nagar Adhikari may with the previous approval of the Executive committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or by any such rule or bye-laws in the Mukhya Nagar Adhikari, or in any Mahapalika Officer or servant.

457- (1) In any case in which, immovable property has deteriorated in value owing to the exercise of any power conferred by sections 231, 232, 249, 250, 151 and 284, the [Corporation]1 may offer to the owner of the property reasonable compensation . (2) If the owner of the property which has deteriorated in value accepts the, compensation, he Shall be deemed to have granted to the [Corporation]1 a perpetual right to continue the exercise of its powers under any of the said sections in such manner as not to create greater nuisance or to cause greater damage than was being created, or caused at the time when compensation was received.

458- (1) In determining the amount of compensation to be paid under sub-section (1) of section 457 the Mukhya Nagar Adhikari or the [Corporation]1, as the case may be, shall be guided as far as may be, by the provisions of section, 23 and 24 of the Land Acquisition Act, 1894 as amended by this Act and as to matters which cannot be dealt with under these provisions by such provisions as may be prescribed by rules. (2) Any person aggrieved by the decision of the Mukhya Nagar Adhikari or the [Corporation]1 in the matter of award of compensation, under section 456 or section 457, as the case may be, may within period-of one month, appeal to the judge in accordance with the provisions of Chapter XX.

459- (1) The State Government may make rules to carry out the purposes of this Chapter. (2) Without prejudice to the generality of the foregoing power such rules may provide for-- (a) the principles on the basis of which compensation shall be determined; (b) assessment of compensation by the Mukhya Nagar Adhikari ; (c) filing and disposal of objections to tentative assessments .

460- (1) Whoever- (a)contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part I of the table in Schedule III or of any order made thereunder, or (b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be punished, for each such offence with fine which may extend to the amount mentioned in that behalf in the second column of the said Part. (2) Whoever, after having been convicted of- (a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part II of the table in Schedule III or of any order made thereunder, or (b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, Continues to contravene the said provision or to neglect to comply with the said requisition or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, or fails to vacate any premises shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part.

461- (1) Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act mentioned in the first column of the following table or of any order made thereunder, and whoever fail s to comply with any requisition lawfully made upon him under any of the said· sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the section of the Indian Penal Code respectively specified in the second column of the said table as the section of the said Code under which such person shall be punishable, namely : section of this Act sections of the Indian Penal Code under which offenders are punishable [267 (3)]1, 400, clauses (a), (b), (c), (d), (e), and (f) 277 411 ....... 188 556 ...... 177 (2) Whoever fails to comply with a lawful requisition, notice or order of the Mukhya Nagar Adhikari for information or a written return relative to the determination of the annual value of any building or to the levy or assessment of any [Corporation] tax or whoever furnishes information or makes a return which he knows to be false, incorrect or misleading shall be deemed to have committed an offence punishable under section 176 or section 177 of the Indian Penal Code, as the case may be.

462- [***]3

463- A member or Nagar Pramukh of a [Corporation]1 who, otherwise than with the permission in writing of the Prescribed Authority, knowingly acquires or continues to have, directly or indirectly, by himself or his partner, any share or interest in any contract or employment; with by, or on behalf of the [Corporation]1, shall be deemed to have committed an offence under section l68 of the Indian Penal Code: Provided that a person shall not be deemed for the purposes of this section to acquire, or continue to have, any share or interest in a contract or employment by reason only of his- (a) having a share or interest in any lease, sale or purchase of land or buildings or in any agreement for the same, provided that such share or interest was acquired before he became a member or Nagar Pramukh, or (b) having a share in a joint stock company which shall contract with, or be employed by, or on behalf of, the [Corporation],1 or (c) having a share or interest in a newspaper in which an advertisement relating to the affairs of the [Corporation]1 is inserted, or (d) holding a debenture or otherwise being interested in a loan raised by, or on behalf of, the [Corporation]1, or (e) being retained by the [Corporation]1 as a legal practitioner, or (f) having a share or interest in the occasional, sale of an articlein which he regularly trades to the [Corporation]1 to a value not exceeding, in anyone year, such amount as the [Corporation]1, with the sanction of the State Government, fixes in this behalf, or (g) being a party to an agreement made with the [Corporation]1 for the supply of water for charges.

464- (1) A person who has directly or indirectly, by himself or his partner, a share or interest in a contract with, by, or on behalf of a [Corporation]1 or in any employment with, under, by or on behalf of, a Mabapalika, other than as a [Corporation]1 servant, shall be disqualified for being a servant of such [Corporation]1. (2) A [Corporation]1 servant who shall acquire or continue to have, directly or indirectly, by himself or his partner, a share or interest in any, such contract or employment as aforesaid shall cease to be a [Corporation]1 servant, and his office shall become vacant. (3) A [Corporation]1 servant who knowingly acquires or continues to have, directly or indirectly, a share or interest in a contract or, except in so far as concerns his employments a [Corporation]1 servant, in any employment with, under, by or on behalf of, a [Corporation]1 of which he is a servant, shall be deemed to have committed an offence under section 168 of the Indian Penal Code. (4) Nothing in this section shall apply to any such share or interest in a contract or employment with, under, by, or on behalf of, the [Corporation]4 as is referred to in clauses (b), (d), and (g) of proviso to section 463, or to any share or interest acquired or retained with the permission of the Prescribed Authority, in any lease, sale or purchase of land or buildings, or in any agreement for the same.

[464-A Whoever acts or abets the commission of an act which is in contravention of the provisions of section 112-C or section 112-D shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.]2

465- (1) Whoever contravenes any provision of [sub-section (2)]3 of section 267 shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both. (2) When any person is convicted under sub-section (1) the Magistrate who convicts him may order the immediate removal of any, building, or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held. (3) If any order made under sub-section (2) is disobeyed or the execution thereof resisted, the offender shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.

466- [***]3

467- Whoever contravenes any provision of this Act or rule, bye-law, regulation, licence, permission or notice issued thereunder or fails to comply with any requisition lawfully made under any such provision shall, if no penalty is provided in any other provision of this Act for such contravention or failure, be punished; for, each such offence, with fine which may extend to one hundred rupees and with further fine which may extend to twenty rupees for every day on which such contravention or failure continues after he first conviction.

468- No person who receives the rent of any premises in any capacity described in paragraphs (i), (ii) or (iii) of sub-clause (a) of clause (52) of section 2 shall be liable to any penalty under this Act for omitting to do any act as the owner of such premises, if he shall prove that his default was caused by his not having funds of, or due to, the owner sufficient to defray the cost of doing the act required:

469- Where a person committing an offence under this Act or any rule, bye-law or regulation is a company or a body corporate, or an association of persons (whether incorporated or not), or a firm, every director, manager; secretary, agent or other officer or person concerned with the management thereof, and every partner of the firm shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

470- (1) If, on account of any act or omission, any person has been convicted of an offence against this Act or against any rule, regulation or bye-law, and by reason of such act or, omission of the said person damage has occurred to any property of the [Corporation]1, compensation shall be paid by the said person for the said damage notwithstanding any' punishment to which he may have been sentenced for the said offence. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence; and on non-payment of the amount of compensation so determined, the same shall be recovered under a warrant from the said Magistrate as, if it were a. fine inflicted by him on the person liable therefor.

471- In the following cases a reference shall be made, to the Judge- (1) whether the Mukhya Nagar Adhikari may be directed to remove a shaft or pipe on the application of the owner of a building or hut under section 249 ; (2) regarding the amount of the price for the land required for setting forward a building under section 284 ; (3) regarding the amount or payment of expenses for any work executed or any, measure taken or things done under the orders of the Mukhya Nagar Adhikari or any [Corporation]1 Officer under section 522; (4) regarding the amount or payment of expenses or compensation and the apportionment thereof falling under any of the provisions of this Act or any rule or bye-law thereunder not otherwise specifically provided for.

472- (1) Subject to the provisions hereinafter contained, appeals against any annual value or tax fixed or charged under this Act shall be heard and determined by the Judge : [Provided that any such appeal pending at any stage before the Judge may be transferred by the District Judge for hearing and disposal, to any Additional Judge of the Court of Small Causes or Civil Judge or Additional Civil Judge having Jurisdiction in the city.]6 (2) No such appeal shall be heard unless- (a) it is brought within fifteen days after the accrual of the cause of complaint; (b) in the case of an appeal against an annual value an objection has previously been made [and has been disposed of under section 209;]1 (c) in the Case of an appeal against any tax in respect of' which provision exists under this Act for an objection to be made to the Mukhya Nagar Adhikari against the demand, such objection has previously been made and disposed of; [(d) in the case of an appeal against any amendment or alteration made in the assessment list for property taxes under sub-section (1) of section 213 an objection has been made in pursuance of a notice issued under the proviso to the said sub-section and such objection has been disposed of; ]2 (e) in the case of an appeal against a tax, or in the case or an appeal made against an annual value after a bill for any property tax assessed upon such value has been presented to the appellant, the amount claimed from the appellant has been deposited by him with the Mukhya Nagar Adhikari.

473- For the purposes of section 472, cause of complaint shall be deemed to have accrued as follows, namely- (a) in the case of an appeal against an annual value, on the day when the objection made [against such value under section 209]3 is disposed of; (b) in the case of an appeal against any tax referred to in clause (c) of sub-section (2) of [section 472]4 on the day when the objection against the tax is disposed of by the authority concerned; [(c) in the case of an appeal against any amendment or alteration made in the assessment list for property taxes under sub-section (1) of section 213, on the day when the objection made in pursuance of a notice issued under the proviso to the said sub- section is disposed of;]5 (d) in the case of an appeal against a tax not covered by clause (b) above on the day when payment thereof is demanded or when a bill therefor is served.

474- Where any appeal against the annual value, or tax fixed or charged under this Act is pending and all the parties interested agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Judge for an order of reference on such matter and on such application being made the provisions of the Arbitration Act, 1940, relating to arbitration in suits shall, so far as they can be made applicable, apply to such application and the proceedings to follow thereon, as if the said Judge were a Court within the meaning of the Act and the application were an application made in a suit.

475- (1) If any party to an appeal against an annual value makes an application to the Judge either before the hearing of the appeal or at any time during the hearing of the appeal, but before evidence as to value bas been adduced, to direct a valuation of any premises in relation to which the appeal is made, the Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on, survey and value the premises in respect of which the direction is given: Provided that, except when the application is made by the Mukhya Nagar Adhikari no such direction shall be made by the Judge unless the applicant gives such security as the Judge thinks proper for the payment of the costs of valuation under this sub-section. (2) The costs incurred for valuation under sub-section (1) shall be costs in the appeal, but shall be payable in the first instance by the applicant. (3) The Judge may, and on the application of any party to the appeal shall, call as a witness the person under sub-section (l) for making the valuation and, when he is so called any party to the appeal shall be entitled to cross-examine him.

476- An appeal shall lie to the District Judge- - (a) from any decision of the Judge in an appeal under section 472 by which an annual value in excess of twelve thousand rupees is fixed, and (b) from any other decision of the Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document : Provided that no such appeal shall be heard by the District Judge unless It is filed within One month from the date of the decision of the Judge.

477- The costs of all proceedings in appeal under section 472 before the Judge including those of arbitration under section 474 and of valuation under section 475 shall be payable by such parties in such proportion as' the Judge shall direct and the amount thereof shall, if necessary, be recoverable, as if the same were due under a decree of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887.

478- (1) Every annual value fixed under this Act against which no complaint is made as hereinbefore provided and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as herein before provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax if no appeal is made therefrom under section 476 and if such appeal is made the decision of the District Judge In such appeal shall be final. (2) Effect shall be given by the Mukhya Nagar Adhikari to every decision of the said Judge or District Judge on any appeal against any such value or tax.

479- In addition to any other appeals to the Judge provided under this Act, appeals shall lie to the Judge against the orders of the Mukhya Nagar Adhikari in the following cases, namely- - (1) an order declining to remove a shaft or pipe under section 249; (2) an order requiring a building to be set forward under section 284 ; (3) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous under section 308: Provided that no such appeal shall lie unless it is filed within one month from the date of the order of the Mukhya Nagar Adhikari.

480- (1) On an appeal being made under section 395 against a demolition order made under section 393 the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may if he thinks tit, accept from an appellant any such undertaking as might have been accepted by the Mukhya Nagar Adhikari and any under-taking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Mukhya Nagar Adhikari under section 393 : Provided that the Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section: (1), of section 393 was served, an undertaking to carry out any work unless the appellant complied with the requirements of sub-section (2) of that section. (2) An appeal shall lie to the District Judge from a decision of the Judge on an appeal under this section, within one month of such decision, when the annual value entered in the Mukhya Nagar Adhikari's assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds two thousand rupees. (3) A decision passed by the Judge under this section if any appeal does not lie therefrom under sub-section (2), or if no appeal is filed; and if an appeal is filed, the decision of the District Judge in appeal, shall be final. (4) Any order against which an appeal might be brought under this section shall if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in section, 395, and shall be final and conclusive as to any matters which could have been raised on such an appeal, and any such order against which an appeal is brought shall if and, so far as it is confirmed by the Judge, or the District Judge become operative as from the date of the final determination of the appeal. (5) For the purposes of this section, the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as decision confirming the order repealed against and, subject as aforesaid, an appeal shall be deemed to be finally determined on the date when-the decision of the District Judge is given, or in a case where no appeal is brought to the District Judge, upon the expiration of the period within which such an appeal might have been brought, or in a case where no appeal lies to the District Judge on the date when the decision of the Judge is given.

481- (1) An appeal shall lie to the District Judge from a decision of the Judge, regarding the amount or payment of expenses for any work executed; when the amount of the claim in respect of which the decision is given exceeds two thousand rupees : Provided that no such appeal shall be heard by the District Judge unless it is filed within one month from the date of the decision of the Judie. (2) The decision of the Judge regarding the amount or payment of expenses for any work executed, if no appeal is filed under this section and, if an appeal is filed, the decision of the District Judge in such appeal shall be final. (3) When an appeal is tiled under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Mukhya Nagar Adhikari shall defer proceedings for the recovery of the amount determined under the said section to be due pending the decision of the District Judge and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby determined to be due.

482- (l) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any rule, regulation or bye-law or with any requisition made under this Act, or under any such rule, regulation or bye-law in respect of such building, or land, the owner may apply to the Judge. (2) The Judge, on receipt of any such application, may make a written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition, or to vacate the premises temporarily if the said provision or requisition relates to any action under section 331 involving the safety or convenience of such occupier, and may also, if he thinks fit, direct that the colt of such application and order be paid by the occupier. (3) After eight days from the date of such order, it shall be incumbent on the said occupier to afford all such reasonable facilities to the owner for the purpose aforesaid or to vacate the premises temporarily as shall be prescribed in the said order; and in the event of his continued refusal so to do the owner shall be discharged, during the continuance of such refusal, from any liability which he would otherwise incur by reason of his failure to comply with the said provision or requisition. (4) Nothing in this section shall affect the powers of the Mukhya Nagar Adhikari under any provision of this Act to cause any premises to be vacated.

483- The Judge shall, for the purposes of this Chapter, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely- (a) enforcing the attendance of any person, and examining him on oath or affirmation; (b) compelling the production of documents, and (c) issuing Commissions for the examination of witnesses and any proceeding before Judge under, this Chapter shall be deemed a Judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code.

484- (1) The State Government may, from time to time by notification in the official Gazette, prescribe what fee, if any, shall be paid- (a) on any application, appeal or reference made under this Act to the Judge, and (b) previous to the issue, in any inquiry or proceeding of the Judge under this Act, of any summons or other process : Provided that the fees, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject-matter is Capable of being estimated in money, exceed the fees for the time being levied, under the provisions of the [Court Fees Act, 1870]1 in cases in which the value of the claim or subject-matter is of like amount. . (2) The State Government may from time to time by a like notification determine by what person any fee prescribed under clause (a) of sub-section (1) shall be payable. (3) No application, appeal or reference shall be received by the Judge until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid.

485- The Judge may, whenever he thinks fit, receive an application, appeal or reference made under this Act, by or on behalf of a poor person, and may issue process on behalf of any such person without payment or on a part payment of the fees prescribed under section 484.

486- Whenever any application, appeal or reference made. to the Judge under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the Judge to the parties by whom the same have been respectively paid.

487- (1) The State Government may with the consent of the [Corporation] create one or more, posts of Magistrates of the First Class for the trial of offences against this Act, or may "appoint any person to such post and may also appoint such ministerial officers or the court of any such Magistrate as it may think necessary; Provided that notwithstanding the appointment of one or more Magistrates of the, First Class under this section, it shall be open, to the District Magistrate subject to the rules for the time being in force under section 17 of the Code of Criminal Procedure, 1898, regulating the distribution of business in the Courts of Magistrates of the First Class to make such distribution of the work of trial of such offences and of all other work before the courts of the Magistrates (including limy appointed under this section) as may appear to him most conducive to efficiency. (2) Such Magistrate or Magistrates and their establishments shall be paid such salary, pension, leave allowance and other allowances as may, from time to time, be fixed by the State Government. (3) The amounts of the salary and other allowances as fixed under sub-section (2), together with all other incidental charges shall be re-imbrued to the State Government by the [Corporation]1, which shall also pay to the State Government such contribution towards the pension, leave and other allowances of such Magistrate or Magistrates and their establishment as may from time to time to fixed by the State Government: Provided that the State Government may, with the concurrence of the [Corporation]1, direct that in lieu of the amounts payable; under this section the [Corporation]1 shall pay to the State Government annually on such date as may be fixed by the Government in this behalf such fixed sum as may be determined by the State Government in this behalf.

488- A reference shall be made to a Magistrate of the First Class having jurisdiction within the limits of the City in the matter of the detention of a person suffering from a dangerous disease in a public hospital under the rules.

489- (1) Any animal and any article not of a perishable nature and any utensil or vessel seized under section 435 shall be taken before a Magistrate of the First Class. (2) If it shall appear to such Magistrate that any such animal or article is diseased, unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it was represented to be or that such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome of unfit for human consumption, he may, and if it is diseased, unsound, un whole some or unfit for human consumption, he shall cause the. same to be destroyed, at the charge of the person in whose possession it was at the time of its seizure, in such manner as to prevent the same being again exposed or hawked about for sale or used for human consumption, or for the preparation or manufacture of, or 'for containing any such article as aforesaid.

490- In every case in which food, on being dealt with under section 489, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human consumption, the owner thereof or the person in whose possession it was found, not being merely bailee or carrier thereof, shall on conviction, if in such case the provisions of section 273 of the Indian Penal Code do not apply, be punished with fine which may extend to five hundred rupees.

491- In all prosecutions under section 490 the, Magistrate shall refuse to issue a summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person, is accused.

492- (1) An offence for the contravention of [section 112-C, section 122-D or section]1 417 shall be cognizable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Act, or against any rule, regulation or bye-law, whether committed within or without the City, shall be cognizable by a Magistrate of the First Class having jurisdiction in the City and no such Magistrate shall be deemed to be incapable of taking cognizance, of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any [Corporation]2 tax or of his being benefited by the [Corporation]2 Fund. (3) Notwithstanding anything contained in section 200 of the said Code, it shall not be necessary in respect or any offence against this Act or any rule, regulation or bye-law made thereunder, to examine the complainant when the complaint is presented in writing.

493- No Magistrate shall take cognizance of any offence punishable under this Act, or any rule, regulation or bye-law, unless complaint of such offences made before him- (a) within six months next after the date of the commission of such offence; or (b) if such date is not known or the offence is a continuing one within six months next after the commission or discovery of such offence.

494- If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, regulation or bye-law, fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the non-appearance of such person the Magistrate may hear and determine the case in his absence.

495- Any document purporting to be a report under the hand of the Public Analyst to the Government of Uttar Pradesh upon any article dilly submitted to him for analysis may be used as evidence of the facts therein stated in any inquiry, or prosecution under this Act without proof thereof.

496- (1) Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by section, 231, 232, 249, 250, 251, 310 or 385 more than the least practicable nuisance has been created. (2) Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may, if he sees fit direct the Mukhya Nagar Adhikari- (a) to put in force any of the provisions of this Act or of any rule, regulation or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance; (b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the Said Magistrate shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint. (3) Subject to the provisions of section 497 it shall be incumbent on the Mukhya Nagar Adhikari to obey every such order. (4) Nothing in this Act contained shall interfere with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by sections 231, 232, 249, 250, 251, 310 or 385 to recover the damages for the same.

497- (1) An appeal shall lie to the Sessions Court from an order passed by a Magistrate under section 496 within one month of the date thereof. (2) The Sessions Court may, when disposing of an appeal under sub-section (1), direct by whom and in what proportions, if any, the costs of the appeal are to be paid, and costs so directed to be paid may, on application to a Magistrate of the First Class having jurisdiction in the City be re-covered by him, in accordance with the direction of the Sessions Court, as if there were a fine imposed by himself. (3) When an appeal has been preferred to the Sessions Court under this section, the Mukhya Nagar Adhikari shall defer action upon the order of the Magistrate until such appeal has been disposed of and shall there-upon forthwith give effect to the order passed in such appeal by the Sessions Court, or if the order of the Magistrate has not been disturbed by the Sessions Court, then to his order. (4) The State Government may, after consulting the High Court, from time to time, make rules for regulating the admission of appeals under sub- section (1) and the procedure to be followed in the adjudication thereof.

498- (1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law, if the name and address of such person be unknown to him, and if such person, on demand, declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of a Magistrate, for any longer time; not exceeding twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate competent to take cognizance of his offence.

499- (1) Save as expressly provided by this Chapter, the provisions of the Code of Civil Procedure, 1908, relating to appeals from original decree shall mutatis mutandis apply to appeals to the District Judge. (2) All other matters for which no specific provision has been made under this Act shall be governed by such rules as the State Government may from time to time make after consultation with the High Court.

500- (1) In computing the period of limitation prescribed for an appeal or application referred to in this Chapter, the provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1908, shall, so far as may be, apply. (2) When no time is prescribed by this Act for the presentation of an appeal, application or reference, such appeal or application shall be presented or reference shall be made within thirty days from the date of the order in respect of or against which the appeal application or reference is presented or made.

501- (1) All orders of the Judge shall be executed in the same manner as if they were decrees of the Court of Small Causes passed under the Provincial Small Causes Court Act, 1887. (2) All orders of the District Judge shall be executed as if they were the decrees of his Court.

502- The provisions of the Code of Criminal Procedure, 1898, shall, so far as maybe, apply to all inquiries and proceedings under this Act before the Magistrate.

503- A [Corporation]2 tax may be recovered by the following processes in the manner prescribed by rules- (1) by presenting a bill, (2) by serving a written notice of demand, (3) by, distraint and sale of a defaulter's movable property, (4) by the attachment and sale of a defaulter's immovable property, (5) [***]1 (6) in the case of-property tax by the attachment of rent due in respect of the property, and (7) by a suit.

504- (1) As soon as a person becomes liable for the payment of any sum on account of a tax, other than [any tax]1 payable upon immediate demand, the Mukhya Nagar Adhikari shall, with all convenient speed, cause a bill to be presented to the person so liable. (2) Unless otherwise provided by rule, a person shall be deemed to become liable for the payment of every tax and licence fee upon the commencement of the period in respect of which such tax or fee is payable.

505- Every such bill shall specify- (a) the period for which and the property, occupation, circumstances or thing in respect of which the sum is claimed, and (b) the liability or penalty enforceable in default of payment, and (c) the time, (if any), within which an appeal may be preferred as provided in section 472.

506- If the sum for which a bill has been presented as aforesaid is not paid into the office of the [Corporation]1, or to a person empowered by a regulation to receive such payments, within fifteen days from the presentation thereof, the Mukhya Nagar Adhikari may cause to be served upon the person liable for the payment of the said sum a notice of demand in the form prescribed by rule.

507- (1) If the person liable for the payment of the said sum does not, within fifteen days from the service of such notice of demand either- (a) pay the sum demanded in the notice, or (b) show cause to the satisfaction of the Mukhya Nagar Adhikari or of such officer as the [Corporation]1 by regulation may appoint in this behalf, why he should not pay the same, such sum with all costs of the recovery may be recovered under a warrant caused to be issued by the [Corporation]1 in the form prescribed by rule, or to the like effect, by distress and sale of the movable property of the defaulter. (2) Every warrant issued under this section shall be signed by the Mukhya Nagar Adbikari, or by the officer referred to in clause (b) of sub-section (1).

508- It shall be lawful for a [Corporation]1 officer to whom a warrant issued under section 507 is addressed, to break open, at any time between sunrise and sunset, any outer or inner door or window of a building, in order to make the distress directed in the warrant in the following circumstances and not otherwise: (a) if the warrant contains a special order authorizing him in this behalf; (b) if he has reasonable grounds for believing that the building contains property which is liable to seizure under the warrant, and (c) if, after notifying his authority and purpose and duly demanding admittance he cannot otherwise obtain admittance: Provided that such officer shall not enter or break open the door of an apartment appropriated for women, until he has given any women therein an opportunity to withdraw.

509- (1) It shall also be lawful for such officer to distrain, wherever it may be found, any movable property of the person therein named as defaulter, subject to the provisions of sub-sections (2) and (3). (2) The following property shall not be distrained : (a) the necessary wearing apparel and bedding of the defaulter, his wife and children; (b) the tools of artisans; (c) books of account; (d) When the defaulter is an agriculturist, his implements of husbandry, seedgrain and such cattle as may be necessary to enable him to earn his livelihood. (3) The distress shall not he excessive, that is to say, the property distrainsd shall be as nearly as possible - equal in value to the amount recoverable under the warrant, and if any articles have been distrained which in the opinion of the person authorized under sub-section (2) of section 507 to sign a warrant, should not have been so distrained, they shall forthwith be returned. (4) The officer shall on seizing the property, forthwith make an inventory thereof, and shall before removing the same give to the person in possession thereof at the time of seizure a written notice in the form prescribed by rule that the said property will be sold as shall be specified in such notice.

510- (1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody together with the amount to be recovered is likely to exceed its value, the Mukhya Nagar Adhikari or other officer by whom the warrant was signed, shall at once give notice to the person in whose possession the property was seized to the effect that it will be sold at once, and shall sell it accordingly unless the amount named in the warrant be forthwith paid. (2) If not sold at once under sub-section (1) the property seized or a sufficient portion thereof may, on the expiration of the time specified in the notice served by the officer executing the warrant, be sold by public auction under the orders of the [Corporation]1 unless the warrant is suspended by the person who signed it or the sum due from the defaulter is paid together with all costs incidental to the notice, warrant of distress and detention of the property. (3) The surplus, if any, shall be forthwith credited to the [Corporation]1 fund, notice of such credit being given at the same time to the person from whose possession the property was taken; but if the same be claimed by written application made to the Mukhya Nagar Adhikari within one year from the date of the notice, a refund thereof shall be' made to such person. Any sum not claimed within one year from the d ate of such notice shall be the property of the [Corporation]1.

511- (1) If no sufficient movable property belonging to a defaulter, or being upon the premises in respect of which he is assessed, can be found within the City, the District Magistrate may, on the application of the [Corporation]1, issue his warrant to an officer of his court- (a) for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the District Magistrate, or (b) for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other District Magistrate exercising jurisdiction within Uttar Pradesh. (2) In the case of action being taken under clause (b) of sub-section (1), the other District Magistrate shall endorse the warrant so issued, and cause it to be executed, and any amount recovered to be remitted to the District Magistrate issuing the warrant, who shall remit the same to the [Corporation]1.

512- In the circumstances mentioned in sub-section (1) of section 507, the Mukhya Nagar Adhikari or the officer referred to in clause (b) of sub-section (l) of section 507, may in lieu of issuing a warrant for distress and sale of movable property or where such warrant has been issued but the amount recoverable has not been recovered in whole or part issue a warrant for the attachment and sale of the defaulter's immoveable property.

513- (1) When a warrant is issued under section 512 for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that the property will be sold unless the amount due, with the costs of recovery, are paid into the [Corporation]1 office within five days. (2) Such order shall be proclaimed at some place on or adjacent to. the property by beat of drum or other customary mode, and a copy of the order shall be fixed on a conspicuous part of the property and upon a conspicuous part of the office of the [Corporation]2 and also, when the property is land paying revenue to the State Government, in the office of the Collector of the district in which the land is situate. (3) Any transfer of a charge on the property attached or of any interest therein made without the written permission of the Mukhya Nagar Adhikiri shall be void as against all claims of the [Corporation]2 enforceable under the attachment.

514- (1) If the amount due is not paid within the period stated in sub-section (I) of section 513 the immovable property or a sufficient portion thereof may be sold by public auction by order of the Mukhya Nagar Adhikari unless the warrant is suspended by him, or the sum due and the cost of recovery are paid by the defaulter and the Mukhya Nagar Adhikari shall, apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery. (2) The surplus, if any, shall be forthwith credited to the [Corporation]2 Fund, but if the same be claimed by written application to the Mukhya Nagar Adhikari within six months from the date of the sale, a refund there of shall be made to the defaulter and any surplus not claimed within six mouths as aforesaid shall be the property of the [Corporation]2. (3) Where the sum due and the costs of recovery are paid by the defaulter before a sale is effected; the attachment of immovable property shall be deemed to have been removed. (4) Sales of immovable property under this section shall be held in the manner laid down in the rules. (5) After sale of the immovable properly as aforesaid, the Mukhya Nagar Adhikari shall put the person declared to be the purchaser in possession of, the same and shall grant him a certificate to the effect that he has purchased the property to which the certificate refers. (6) It shall be lawful for the Mukhya Nagar Adhikari on behalf of the [Corporation]2 to offer a nominal bid in the case of any immovable property put up for sale, provided the previous approval of the Executive Committee is obtained to such bidding. (7) The Mukhya Nagar Adhikari may direct the removal from the immovable property by any police officer of any person who obstructs him in any action taken in pursuance of sub-section (5) and may also use such force as is reasonably necessary to effect entry on the said property.

515- [***]1

516- (1) Where a bill for any sum due on account of any property tax is served upon an occupier of premises pursuant to sub-section (1) of section 504, the Mukhya Nagar Adhikari may at the time of service or at any subsequent time cause to be served upon the occupier a notice requiring him to pay to the [Corporation]1 any rent due or falling due from him to the person primarily liable for the payment of the said tax to the extent necessary to satisfy the said sum due. (2) Such notice shall operate as an attachment of the said rent until the said sum due on account of property tax shall have been paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom the said rent is due for any sum paid by him to the [Corporation]1 in pursuance of such notice. (3) If the occupier shall fail to pay to the [Corporation]1 any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid the amount of such rent may be recovered from him by the Mukhya Nagar Adhikari as if it were an arrear of property tax under section 504.

517- Instead of proceeding against a defaulter by distress, attachment and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a tax may be recovered from him by a suit in any Court of competent jurisdiction.

518- Fees for- (a) every notice issued under section 506, (b) every distress made under section 509, (c) the costs of maintaining any livestock seized under the said section, shall be chargeable at the rates respectively specified in such behalf in rules made by the State Government, and shall be included in the costs of recovery to be levied under section 507.

519- No distress, attachment or sale made under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trcspasser, on account of an error, defect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.

520- Any [Corporation]1 dues declared by this Act or by rules or bye-law to be recoverable in the manner provided by this Chapter may be recovered by the Mukhya Nagar Adhikari in accordance, as far as may be, with the provisions of sections 504 to 514 and 516 to 519 as if the amount due were a tax.

521- (1) The expenses incurred by the Mukhya Nagar Adhikari in effecting any removal under section 296 or sub-section (3) of section 302, or in the event of a written notice issued under sub-section (2) of section 292 or sub-section (3) of section 293 or section 303 or sub-section (3) of section 305 or sub-section (1) of section 306, or section 331 not being complied with under section 558, and all other expenses and charges specified in sub-section (2), if any, shall, subject to the, provisions of sub-section (2), be recoverable by the sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials. (2) If the expenses of removal are in any case paid before the materials are sold, the Mukhya Nagar Adhikari shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any, incurred by the Mukhya Nagar Adhikari in respect thereof or in respect of the intended sale or disposal thereof and all such charges, if any, as the Mukhya Nagar Adhikari may fix for the storage of the materials. (3) If the materials are not restored to the owner thereof under sub. section (2), they shall be sold by auction or otherwise disposed of as the Mukhya Nagar Adhikari thinks fit : Provided that, if the materials are perishable, they may be sold or disposed of forthwith, and, if other than perishable, they shall be sold or disposed of as soon as conveniently may be after one month from the date of their removal whether the expenses of removal and the charges, if any, for storage have in the meantime been paid or not and the proceeds, if any, of the sale or other disposal, shall, after defraying therefrom the costs of the sale or other disposal, and, if necessary, of the removal and the charges for storage be paid to the credit of the [Corporation]1 Fund, and shall be the property of the [Corporation]1.

522- (1) Whenever under this Act, or any rule, regulation or bye-law, the expenses of any work executed or of any measure taken or thing done by or under the order of the Mukhya Nagar Adhikari or of any Mahapalika officer empowered under section 119 in this behalf are payable by any person, the same shall be payable on demand. (2) If not paid on demand, the said expenses shall be recoverable by the Mukhya Nagar Adhikari subject to the provisions of sub-section (4) of this section and sub-section (3) of section 481 by distress and sale of the movable property or attachment and sale of the immovable property of the defaulter, as if the amount thereof were a property-tax due by the said defaulter. (3) If, when the Mukhya Nagar Adhikari demands payments of any expenses under sub-section (1), his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the Mukhya Nagar Adhikari in taking temporary measures under sub-section (2) of section 308, the necessity for such temporary measures is disputed, the Mukhya Nagar Adhikari shall refer the case for the determination of the Judge. (4) pending the Judge's decision the Mukhya Nagar Adhikari shall defer further proceedings for the recovery of the sum claimed by him, and after decision, shall, subject to the provisions of section 481, proceed to recover only such amount, if any, as shall be thereby determined to be due.

523- If the expenses referred to in section 522 are due in respect of some work executed or thing done to, upon or in connexion with, some building or land or of some measure taken with respect to some building or land in respect of a private street and the defaulter is the owner of such building or land or of the premises fronting or adjoining such street or abutting thereon, as the case may be, the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupied the said building, land or premises under the said owner and in the event of the said person failing to pay the same, they may be recovered by distress and sale of the movable property or the attachment and sale of the immovable property of the said person, as if the amount thereof were a property tax due by him: Provided that- (a) unless the said person neglects or refuses at the request of the Mukhya Nagar Adhikari truly to disclose the amount of the rent payable by him in respect of the said building or (b) premises and the name and address of the person to whom the same is payable, the said person shall not be liable to pay on account of the said expenses any larger sum than, up to the time of demand, is payable by him to the owner on account of rent of the said building, land or premises; but it shall rest upon the said person to prove that the amount of the expenses demanded of him is in excess of the sum payable by him to the owner; (b) the said person shall be entitled to credit in account with the owner for any sum paid by or recovered from him on account of the said expenses; (c) nothing in this section shall affect any agreement made between the said person and the owner of the building, land or premises in his occupation respecting the payment of the expenses of any such work, thing or measure as aforesaid.

524- Insead of recovering any such expenses as aforesaid in any manner hereinbefore provided, the Mukhya Nagar Adhikari may, if he thinks fit and with the approval of the Executive Committee, take an agreement from the person liable for payment thereof, to pay the same in Instalments of such amounts and at such intervals as will secure the payment of the whole amount· due, with interest thereon, at such rate not exceeding nine per cent per annum as the Executive Committee may fix from time to time, within a period of not more than five years.

525- (1) Any expenses incurred by the Mukhya Nagar Adhikari under any provision of this Act in respect of any material or fittings supplied or work executed or thing done to, upon or in connexion with some building or land which are recoverable from the owner or occupier of such building or land may, subject to the regulations be declared to be improvement expenses if the Mukhya Nagar Adhikari with the approval of the [Corporation]1, thinks fit so to declare them, and on such declaration being made, such expenses together with interest thereon payable under sub-section (2), shall be a charge on the premises in respect of which, or for the benefit of which the expenses have been incurred. (2) Improvement expenses shall be recoverable in instalments of such amount not being less for any premises than twelve rupees per annum, and at such intervals as. will suffice to discharge such expenses together with interest thereon at such rate not exceeding six per cent per annum as the Executive Committee may fix from time to time, within such period not exceeding thirty years as the Mukhya Nagar Adhikari with the approval of the [Corporation]1 may in each case determine. (3) The said instalments shall be payable by the occupier of the premises on which the expenses and interest thereon are so charged or, in the event of the said premises becoming unoccupied at any time before the expiration of the period fixed for the payment of such expenses or before the sum, with interest as aforesaid, are fully paid off, by the owner for the time being of the said premises, so long as the same continue to be unoccupied.

526- (1) Where the occupier by whom any improvement expenses are paid holds the premises on which the expenses together with interest thereon are charged on rent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid from the rent payable by him to his landlord. (2) If the landlord from whose rent any deduction is so made is him-self liable to the payment. of rent for the premises in respect of which the deduction is made and holds the same for a term of which less then twenty years is unexpired (but not otherwise), he may deduct from the relit so payable by him such proportion of the same deducted from the rent payable to him, as the rent payable by him bears to the rent payable to him and so in succession with respect to every land or (holding for a term of which less than twenty years is unexpired) of the same premises both receiving and liable to pay rent in respect thereof: Provided that nothing in this section shall be construed to entitle any person to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him.

527- At any time before the expiration of the period for the payment of any improvement expenses together with interest thereon, the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Mukhya Nagar Adhikari such part of the said expenses and such interest due, if any, as may, not have been already paid or recovered.

528- Any instalment payable under section 524 or 525 which is not paid when the same becomes due, may be recovered by the Mukhya Nagar Adhikari by distress and sale of the movable property or the attachment and sale of immovable property of the person by whom it is due as if it were a property tax due by the said person.

529- Whenever the owner of any building or land fails to execute any work which he is required to execute under this Act or under any rule, regulation or bye-law, the occupier, if any, of such building or land may with the approval of the Mukhya Nagar Adhikari execute the said work, and he shall be entitled to recover the reasonable expenses incurred by him in so doing from the owner and may without prejudice to any other right of recovery deduct the amount thereof from the rent which from time to time becomes due by him to the owner.

530- Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any court of competent jurisdiction.

531- (1) The State Government may at any time call upon the [Corporation]1 to furnish it with any extract from any proceedings of the [Corporation]1, the Executive Committee, or any other Committee constituted under this Act or from any record under the control of the [Corporation]1 and with any statistics concerning or connected with the administration of this Act; and the [Corporation]1 shall furnish the same without unreasonable delay. (2) The State Government may at any time call upon the Mukhya Nagar Adhikari to furnish it with any information, report, explanation or statistics concerning or connected with the executive administration of this Act and the Mukhya Nagar Adhikari shall furnish the same without unreasonable delay.

532- The State Government may depute any officer to inspect or examine any [Corporation]1 department, office, service, work or thing and of report thereon and any officer so deputed may, for the purposes of such inspection, or examination exercise all the powers conferred by section 531 upon the State Government.

533- If on receipt of any information or report obtained under section 531 or 532 or otherwise the State Government are of opinion-- (a) that any duty imposed on any [Corporation]1 authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or (b) that adequate financial provision has not been made for the performance of any such duty, the State Government may, by an order, direct the [Corporation]1 or the Mukhya Nagar Adhikari within a period to be specified in the order to make arrangements to their satisfaction for the proper performance of the duty, or to make financial provision to their satisfaction for the performance of the duty, as the case may be : Provided that, unless in the opinion of the State Government the immediate execution of such order is for reasons to be recorded in writing necessary, the State Government shall, before making an order under this section, give the [Corporation]1 an opportunity of showing cause why such order should not be made.

534- (1) If within the period fixed by an order issued under section 533, any action directed under that section has not been duly taken, the State Government may by order- (a) appoint some person to take the action so directed; (b) fix the remuneration to be paid to him; and (c) direct that such remuneration and the cost of taking such action shall be defrayed out of the [Corporation]1 Fund, and, if necessary, that anyone or more of the taxes authorized under Chapter IX shall be levied or increased, but not so as to exceed any maximum prescribed by that Chapter. (2) For the purpose of taking the action directed as aforesaid the' person appointed under sub-section (1) shall have power to make such con- tracts as are necessary, and may exercise any of the powers conferred on any [Corporation]1 authority by or under this Act and specified in this behalf in the order issued under sub-section (1), and shall be entitled to protection under this Act as if he were a [Corporation]1 authority. (3) The State Government may, in addition to or instead of, directing the levy or increase of any of the said taxes, direct by notification that any sum of money which may in their opinion be required for giving effect, to their orders be borrowed by debenture on the security of all or any of the said taxes at such rate or interest and upon such terms as to the time of repayment and otherwise as may be specified in the notification. (4) The provisions of sections 156 to 170 shall, as far as may be, apply to any loan raised in pursuance of this section.

535- (1) In case of emergency the State Government may provide for the execution through such agency and in such manner as it ,may specify in its order of any work or the doing of any act which the Mahapalika or the Mukhya Nagar Adhikari with or without the sanction of the [Corporation]1 or the Executive Committee is empowered to execute or do and of which the immediate execution or doing is, in its opinion, necessary for the safety or protection of the public and may direct that the expense of executing the work or doing the act shall be forthwith paid by the Mahapalika,: (2) If the expense is not so paid the State Government may make an order directing the person having the custody of the [Corporation]1 Fund to pay the expense from such fund.

536- The Mukhya Nagar Adhikari shall submit to the State Government, and if so directed by the State Government, to the Prescribed Authority copies of all resolutions of the [Corporation]1, the Executive Committee, the Development Committee and of other committees, and joint committees and sub-committees of the [Corporation]1.

537- (1) If the State Government is of opinion that the execution of any resolution or order of the [Corporation]1 or of any other [Corporation]1 authority or of any other committee, joint committee or sub-committee or of any officer or servant of the [Corporation]1 or the doing of any act which is about to be done or is being done by or on behalf of the [Corporation]1 is in contravention of or in excess of the powers conferred by this Act or of any other law for the time being in force or has been passed or made in abuse of any such power or is likely to lead to a breach of the peace or to cause obstruction, injury or annoyance to the public or to any class or body of persons or danger to human life, health or safety or, is prejudicial to public interest, the State Government may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act. (2) A copy of such order shall forthwith be sent to the [Corporation]1 by the State Government. (3) The State Government may at any time, on representation by the [Corporation]1 or otherwise, revise, modify or revoke an order passed under sub-section (1).

538- (1) If at any the upon representation .made it appears to the State Government that the [Corporation]1 is not competent to perform or persistently makes default in the performance of the duties ,imposed upon it by or under this Act or any other law for the time -being in force or exceeds or abuses more than once its powers, the State Government may, after having given the [Corporation]1 an opportunity to show cause why, such order should not be made, by an order ,published with the reasons therefor in the official Gazette dissolve the [Corporation]1. (2) A copy of the order under sub-section (1) shall be laid as soon as may be, before each House of the Uttar Pradesh Legislature. [(3) When a Corporation is dissolved under sub-section (1), the following consequences shall ensue :-- (a) the Nagar Pramukh, the Upa Nagar Pramukh and all Sabhasads shall, on a date to be specified in the order, vacate their respective offices but without prejudice to the eligibility for re-election, (b) till the constitution of the Corporation under clause (b) of sub-section (2), of section (8), the Mukhya Nagar Adhikari shall carry on the routine work of the Corporation and the Committees mentioned in section 5.]2

539- [***]3

540- (I) In addition to the power conferred upon the State Government under the preceding Chapters of this Act to make rules the State Government may make rules to carry out the purposes for the Act and may also make model rules for the guidance of a [Corporation]1 in any matter connected with the carrying out of the provisions of this or 'any other enactment. Explanation-- The power conferred by this sub-section includes the power to make rules regulating the holding of meetings of the [Corporation]1 and its Committees and the conduct of business at such meetings till bye-laws are framed under the Act for the purpose. (2) The power of the State Government to make rules under this Act shall be subject to the condition of the rules being made after previous publication and of not taking effect until they have been published in the official Gazette. (3) Any rule made by the State Government may be general for all [Corporations]1 or may be special for anyone or more [Corporations]1 to be specified. (4) [***]2

541- The [Corporation]1 may from time to time make bye-laws, not inconsistent with this Act and the rules, with respect to the following matters, namely: (1) regulating, in any particular not specifically provided for in this Act or the rules, the construction, maintenance, protecting, flushing, cleansing and controls of drains, ventilation shafts or pipes, cesspools, water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to the [Corporation]1 or other persons, [Corporation]1 waterworks, private communication pipes, private streets and public streets: (2) regulating all matters and things connected with supply and use of water: (3) regulating the maintenance, supervision and use of public and private cart-stands and the levy of fees for the use of such of them as belong to the [Corporation]1. (4) prescribing the forms of notice under sections 316 and 317, the information documents and plans to be furnished therewith in respect of different classes of structures of works, the manner in which the persons by whom notices shall be signed and the manner in which plans, sections, descriptions, structural drawings or structural calculations shall be drawn, given, prepared and signed; (5) regulating the manner in which, the supervision under which, the agency through which, the conditions and restrictions under which the work of erecting or re-erecting buildings of particular classes arid any work such as is described in section 317 shall be carried out; (6) the structure of walls, foundations, roofs, and chimneys, the number, width and position of staircases, the width of corridors and passages, the materials, dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns of buildings for securing stability and prevention of fires and the safety of the inmates in the event of fire and for purposes of health, either generally or with reference to the type of the structure and the use to which it is intended to be put; (7) the construction of scaffolding for building operations to secure the safety of the operatives and of the general public; (8) the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings; (9) the provision and maintenance of suitable means of access to buildings and preventing encroachment thereon; (10) the provision and maintenance of house-gullies and service passages; (11) regulating the conditions on which frame buildings may be constructed; (12) regulating the use of land as building sites, prescribing the mini- mum size of such sites, either generally or for specified areas and prescribing set-backs from the street margin for all or particular classes of buildings on specified streets or classes of streets of specified localities; (13) regulating the height of structures generally or with reference to the materials of which they are constructed of the width of the streets on which the front or' the areas in which they are situated or the purposes for which they are intended to be used; (14) regulating the number and height above the ground or above the next lower storey or the storeys of which a building may consist; (15) prescribing the form of the completion certificates required under section 329 and the manner in which and the person by whom it shall be signed and subscribed; (16) regulating the intervals at which, the manner in which, the persons by whom buildings shall be periodically inspected under section 330; (17) regulating the management, maintenance, control and use of dwellings intended for the poorer sections of the community vesting in the [Corporation]1; (18) prescribing the qualifications and experience of licensed surveyors, architects, engineers structural designers, clerks of works and plumbers; (19) regulating in any particular not specifically provided for in this Act conservancy and sanitation, the destruction of rodents and other vermin, preventive and remedial measures against mosquitoes, flies and other insect pests; (20) the control and supervision of all premises used for any of the purposes mentioned in section 438 and of all trades and manufactures carried thereon and the prescribing and regulating of the construction, dimensions, ventilation, lighting, cleansing. drainage and water-supply of any such premises; (21) the inspection of milch-cattle, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water-supply of cattle-sheds and dairies; (22) securing the cleanliness of milk-stores, milk-shops, milk-vessels used by dairy men or milk-sellers for containing milk; (23) regulating the sale of milk in the City, the protection of milk against contamination and the prevention of the sale of contaminated milk; (24) requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing precautions to be taken for protecting milch-cattle and milk against infection or contamination; (25) regulating the measures to be taken in the event of the outbreak of any disease among animals which is communicable to man and the supply of information which will facilitate the taking of such measures; (26) securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold; (27) the control and supervision of butchers carrying on business with in the City or at a [Corporation]1 slaughter-house without the City; (28) regulating the use of any [Corporation]1 market building, market place or slaughter-houses or any part thereof; (29) controlling and regulating the sanitary condition of markets and slaughter-houses and preventing the exercise of cruelty therein; (30) the licensing of hand-carts, other than those exempted from taxation under section 183, and the seizure and detention of any such hand-cart that has not been duly licensed; (31) requiring notice to be given of the occurrence of cases of any infectious, epidemic or epidemic disease, not being a dangerous disease, which may be specified and prescribing the precautions to be taken by persons' suffering from, or exposed to infection from, any such disease; (32) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being bad to the religious usages of the several classes of the community; (33) regulating the use of any place for the skinning and cutting up of the carcasses of animals ; (34) facilitating and securing complete and accurate registration of births and deaths ; (35) the registration of marriages; (36) securing the protection of public markets, gardens, public parking places and open spaces vested in or under the control of the [Corporation]1 from injury, or misuse, or regulating their management and the manner in which they may be used by the public and providing for the proper behavior of persons in them; (37) regulating the use of barbed-wire or other material for the fencing of land or premises abutting on any street, pathway or place which the public are entitled to use or frequent; (38) regulating trade in rags, bones or second-hand clothing, bedding or other similar articles including measures for disinfecting on import or before removal, sale or exposure for sale or use in any manufacturing process of any such article; (39) regulating the holding of fairs and industrial exhibitions in the City; (40) regulating and prohibiting the stocking of inflammable materials and of the lighting or fires in any specified portion of the City; (41) fixing of fees for any licence, sanction or permission to be granted by or under this Act; (42) regulating the charges for services rendered by any [Corporation]1 authority; (43) regulating admission to and use by members of the public of, [Corporation]1 hospitals, dispensaries, infirmaries, homes and similar institutions and the levy of fees therein ; (44) the protection of the property of the [Corporation]1; (45) regulating the inspection by members of the public of [Corporation]1 records and the fees to be charged before such inspection is allowed; (46) regulating the grant of certified copies or extracts from [Corporation]1 records, and the fees chargeable for such copies of extracts; (47) regulating the appointment by owners of buildings or lands in the City who are not resident there in of agents residing in or near the City to act for such owners for all or any of the purposes of this Act or the rules, regulations or bye-laws; (48) prohibition and regulation of advertisements; and [(48-A) the provision and the manner for allotment of land to the person engaged traditionally in the vocation of making earthen pottery. Explanation—A person shall be deemed to be engaged traditionally in such vocation if he belongs to such class of persons as may be notified by the State Government.]2 (49) carrying out generally the provisions and intentions of this Act.

542- It shall be the duty of the Mukhya Nagar Adhikari from time to time to lay before the [Corporation]1 for its consideration a draft of any bye-law which he shall think necessary or desirable for the furtherance of any purpose of this Act.

543- No bye-law shall be made by the [Corporation]1, unless- (a) a notice of the intention of the [Corporation]1 to take such bye-law into consideration on or after a date to be specified in the notice shall have been given in the official Gazette and in the Bulletin of the [Corporation]1, if any, before such date; (b) a printed copy of such bye-law shall have been kept at the chief [Corporation]1 office and made available for public inspection free of charge by any person desiring to peruse the same at any reasonable time from the date of the notice given under clause (a) ; (c) printed copies of such bye-law shall have been delivered to any person requiring the same on payment of such fee for each copy as shall be fixed by the Mukhya Nagar Adhikari ; (d) all objections and suggestions which may be made in writing by any person with respect thereto before the date of the notice given under clause (a) shall have been considered by the [Corporation]1.

[544- The bye-laws made under section 541 shall be published in the Official Gazette.]3

545- (1) The Mukhya Nagar Adhikari shall cause all bye-laws from time to time in force to be printed, and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of such fee for each copy, as he may fix. (2) Printed copies of the bye-laws for the time being in force shall be kept for public inspection in some part of the [Corporation]1 office to which the general public has access and in such other places, in any, like places of public resort, markets, slaughter-houses and other works or places affected thereby, as the Mukhya Nagar Adhikari thinks fit, and the said copies shall from time to time be renewed by the Mukhya Nagar Adhikari.

546- (1) A [Corporation]1 may modify or rescind any bye-law made by it. (2) The provisions of sections, 542, 543 and 544 shall mutatis mutandis apply to the modifications or rescission of a bye-law under sub-section (I).

547- (1) If it shall at any time appear to the State Government that any bye-law should be modified or repealed either wholly or in part, it shall cause it reasons for such opinion to be communicated to the [Corporation]1 and prescribe a reasonable period within which the [Corporation]1 may make any representation with regard thereto which it shall think, fit. (2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the prescribed period, the Slate Government may at any time by notification in the official Gazette, modify or repeal such bye-law either wholly or in part. (3) The modification or repeal of a bye-law under sub-section (2) shall take effect from such date as the State Government shall in the said notification direct or, if no such date is specified, from the date of the publication of the said notification in the official Gazette, except as to anything done or suffered or omitted to be done before such date. (4) The said notification shall also be published in the Bulletin of the [Corporation], if any.

548- (1) The Executive Committee shall from time to time frame regulations; not inconsistent with this Act and the rules and bye-laws but in consonance with any resolution that may be passed by the [Corporation]1 -- (a) fixing the amount and the nature of the security to be furnished by any [Corporation]1 officer or servant from whom it may be deemed expedient to require security; (b) regulating the grant of leave to [Corporation]1 officers and servants; (c) determining the remuneration to be paid to the persons appointed to act for any of the said officers or servants during their absence on leave; (d) authorizing the payment of travelling or conveyance allowance to the said officers and servants; (e) regulating the period of service of all the said officers and servants; (f) determining the conditions under which the said officers and servants, or any of them, shall on retirement or discharge receive pensions, gratuities or compassionate allowances, and under which the surviving spouse or children and, in the absence of the surviving spouse or children, the parents, brothers and sisters, if any, dependent on any of the said officers and servants, shall after their death, receive compassionate allowances and the amounts of such pensions, gratuities or compassionate allowances; (g) authorizing the payment of contributions, at certain prescribed rates and subject to certain prescribed conditions, to any pension or provident fund which may, with the approval of the Executive Committee be established by the said officers and servants or to such provident fund, if any, as may be established by the [Corporation]1 for the benefit of the said officers and servants; (h) prescribing the conditions under which and, the authority by whom, any officer or servant, may be permitted while on duty or during leave to perform a specified service or series of services for a private person or body or for a public body, including a local authority, or for the Government and to receive remuneration therefor; (i) in general prescribing-any other conditions of service of the said officers and servants. (2) The Executive Committee may also from time to time frame regulations not inconsistent with the provisions of this Act and the rules- (a) determining the standard of fitness of buildings for human habitation; (b) regulating the declaration of expenses incurred by the Mukhya Nagar Adhikari under the provisions of this Act and the rules in respect of any materials or fittings supplied or work executed or thing done to, upon or in connexion with some building or land which are recoverable from the owner or occupier to be improvement expenses; (c) regulating the grant of permission by Mukhya Nagar Adhikari for the construction of shops, ware-house, factories, huts or buildings designed for particular uses in any streets, portion of streets or localities specified in a declaration in force under section 335. (3) No regulation under sub-section (I) or under clause (a) of sub- section (2) shall have effect until it has been confirmed by the [Corporation]1 and, if made under clause (h) of sub-section (I), until it has in addition been confirmed by the State Government and in either case, has been published in the official Gazette. (4) The [Corporation]1 or the State Government may decline to confirm a regulation when placed before it under sub-section (3) or confirm it without modification or after making such modifications as it may think fit.

549- (1) If in respect of any matters specified in section 541 the [Corporation]1 has failed to make any bye-law or if the bye-laws made by the [Corporation]1 are not, in the opinion of the State Government, adequate; the State Government may make bye-laws, providing for such matter to such extent as it may think fit. (2) The provisions of section 543 shall apply to the making of bye- laws under this section with the substitution of the words "Slate Government" for the words [Corporation]1 and the bye-laws shall have force of law upon their publication in the official Gazette. (3) If any provision of a bye-law made under this section is repugnant to any provision of a bye-law made by the [Corporation]1 the bye-law under this section shall prevail and the bye-law made under section 541 shall, to the extent of the repugnancy, be void. (4) The State Government may, if it thinks fit by publication in the official Gazette, make regulations consistent with this Act and the rules and bye-Jaws in respect of matter referred to in clause (f) of sub-section (1) of section 548.

550- In making rules, bye-laws or regulations, the [Corporation]1 or the Executive Committee, or the State Government, as the case may be, may provide that for any breach thereof the offender shall on conviction- (a) be punished with fine which may extend to five-hundred rupees, and in the case of a continuing breach with fine which may extend to twenty rupees for every day during which the breach continues, after conviction for first breach; (b) be punished with fine which may extend to twenty rupees for every day during which the breach continues, after receipt of written notice from the Mukhya Nagar Adhikari or any [Corporation]1 officer duly authorized in that behalf to discontinue the breach; (c) in addition to the imposition of such fine be required to remedy the mischief so far as lies, in his power.

551- Whenever it is provided by or under this Act that public notice shall or may be given of anything, such public notice shall, in the absence of special provisions to the contrary, be in, writing under the signature of, the Mukhya Nagar Adhikari or of a [Corporation]1 officer empowered under the Act to give the same, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by publishing same by beat of drum or by advertisement in the local newspapers, or by publication in the Bulletin of the [Corporation]1 or by any two or more of these means and by any other means that the Mukhya Nagar Adhikari shall think fit.

552- Whenever it is provided by or under this Act that notice shall be given by advertisement in the local newspapers, or that a notification or any information shall be published in the local newspapers, such notice, notification or information shall be inserted, if practicable, in at least two newspapers in such language or languages as the [Corporation]1 may from time to time specify in this behalf published or circulating in the City: Provided that where the [Corporation]1 has its own Bulletin the publication of the said notice in two consecutive issues of the Bulletin of the [Corporation]1 shall be deemed sufficient for the purposes of this section.

553- (I) Whenever under this Act or any rule, bye-law, regulation or order, the doing or the omitting to do anything or the validity of anything depends upon the consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction of- (a) the [Corporation]1, the Executive Committee, or any other Committee; or (b) the Mukhya Nagar Adhikari or any [Corporation]1 officer, a written document signed as provided in sub-section (2) purporting to, conveyor setforth such consent, sanction, approval, concurrence confirmation, declaration, opinion or satisfaction shall be sufficient evidence of such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction. (2) The written document referred to in sub-section (1) shall unless otherwise provided by or under this Act be signed- (a) when the authority concerned is the [Corporation]1 or the Executive Committee or any other Committee by the Mukhya Nagar Adhikari on behalf of such authority; (b) when the authority concerned is the Mukhya Nagar Adhikari or any [Corporation] officer, the Mukhya Nagar Adhikari, or such [Corporation]1 officer, as the case may be.

554- (1) Notices, bills, schedules, summonses and other such documents required by this Act or by any rule, regulation or bye-law to be served upon or issued or presented or given to any person, shall be served, issued, presented or given by [Corporation]1 officers or servants or by other persons authorized by the Mukhya Nagar Adhikari in this behalf. (2) When any notice, bill, schedule, summons or other such document is required by this Act, or by any rule, regulation or bye-law to be served upon or issued or presented to any person, such service, issue or presentation shall, except in the cases otherwise expressly provided for in sub-section (3), be effected-- (a) by giving or tendering to such person the said notice, bill, schedule, summons or other document; or (b) if such person is not found, by leaving the said notice, bill, schedule, summons or other document at his last known place of abode in the City, or by giving or tendering the same to some adult member or servant of his family, or by leaving the same at his usual place of business, if any, by giving or tendering the same to some adult employee, if any, of his at such place; or if such person does not reside in the City and his address else- where is known to the Mukhya Nagar Adhikari, by forwarding the said notice, bill, schedule, summons or other document to him by post under cover, bearing the said address; or (d) if none of the means aforesaid be available, by causing the said notice, bills, schedule, summons or other document to be affixed on some conspicuous part of the building or land, if any, to which the same relates. (3) When any notice, bill, schedule, summons or other such document is required by this Act, or by any rule, regulation or bye-law, to be served upon or issued or presented to the owner or occupier of any building or land it shall not be necessary to name the owner or occupier therein, and the service, issue or presentation thereof shall be effected, not in accordance with the provisions of the last preceding sub-section, but as follows, namely- (a) by giving or tendering the said notice, -bill, schedule, summons or other document to the owner or occupier or if there be more than one owner or occupier; to anyone of the owners or occupiers of such building or land ; (b) if the owner or occupier or no one of the owners or occupiers is found, by giving or tendering the said notice, bill, schedule, summons or other document to some adult member or servant of the family of the owner or occupier or of any of the owners or occupiers; or (c) if none of the means aforesaid be available by causing the said notice, bill, schedule, summons or other document to be affixed on some conspicuous part of the building or land to which the same relates. (4) Whenever the person on whom any notice, bill, schedule, summons or other such document is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be service upon minor. (5) Nothing in this section applies to any summons issued under this Act by a Magistrate.

555- (1) Every licence, written permission, notice, bill, schedule, summons or other document required by this Act or by any rule, regulation or bye-law to bear the signature of the Mukhya Nagar Adhikari or of any [Corporation]1 officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Mukhya Nagar Adhikari or of such [Corporation]1 officer, as the case may be, stamped thereupon. (2) Nothing in this section shall be deemed to apply to cheque drawn upon the [Corporation]1 Fund under any of the provisions of this Act, or to any deed of contract.

556- (1) The Mukhya Nagar Adhikari may, in order to facilitate the service, issue, presentation or giving of any notice bill, schedule, summons or other such document upon or to any person by written notice require the owner or occupier of any permises, or of any portion thereof to state in writing, within such period as the Mukhya Nagar Adhikari may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein, whether as freeholder, mortgagee, lessee or otherwise, so far as such name and address is known to him. (2) Any person required by the Mukhya Nagar Adhikari in pursuance of sub-section (I) to give the Mukhya Nagar Adhikari any information shall be found to comply with the same and to give true information to the best of his knowledge and belief.

557- (1) If any work or thing requiring the written permission of the Mukhya Nagar Adhikari under any provision of this Act or any rule, regulation or bye-law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the Mukhya Nagar Adhikari, such work or thing shall be deemed to be unauthorized and, subject to any other provision of this Act; the Mukhya Nagar Adhikari may at any time, by written notice, require that the same shall be removed, pulled down or undone, as the case may be, by the person so carrying out or doing. If the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisitions of the' Mukhya Nagar Adhikari. (2) If within the period specified in such written notice the requistions contained therein are not carried out by the person or owner, as the case may be, the Mukhya Nagar Adhikari may remove or alter such work or undo such thing and the expenses thereof shall be paid by such person or owner, as the case may be.

558- (1) Subject to the provisions of this Act, and of the rules, bye- laws and regulations, when any requisition is made under any provision of this Act or of any rule, bye-law or regulation by written notice by the Mukhya Nagar Adhikari, or by any [Corporation]1 officer duly empowered in this behalf, a reasonable period shall be prescribed in such notice for carrying such requisition or order into effect, and if, within the period so prescribed, such requisition or order or any portion of such requisition or order is not complied with, the Mukhya Nagar Adhikari may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion, be necessary for giving due effect to the requisition or order so made; and unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by anyone of the persons to whom such requisition or order was addressed. (2) The Mukhya Nagar Adhikari may take any measure, execute any work or cause anything to be done under this section, whether or not the person who has failed to comply with the requisition or order is liable to punishment or has been prosecuted or sentenced to any punishment for such failure.

559- On the written request of any person who is required under any of the provisions of this Act, or any rule, regulation or bye-law to supply any materials or fittings, the Mukhya Nagar Adhikari may, on such person's behalf, supply the necessary materials and fittings and cause the work to be done: Provided that, where the provisions of section 524 or 525 will not apply, a deposit shall first of all be made by the said person of a sum which will in the opinion of the Mukhya Nagar Adhikari, suffice to cover the cost of the said materials, fittings and work.

560- (1) The Mukhya Nagar Adhikari or any [Corporation]1 officer or servant authorized by him in this behalf may enter into or upon any premises, with or without assistants or workmen, which he is empowered by or under the provisions of this Act or the rules to enter or inspect or in order to make any inspection, search, survey, measurement, valuation or inquiry or to execute any work which is authorized by or under this Act or which it is necessary for any of the purposes, or in pursuance of any of the provisions, of this Act, or of any rules, bye-laws or regulations thereunder to make or execute .. (2) Without prejudice to the generality of the provisions of sub-section (1), the Mukhya Nagar Adhikari or any [Corporation]1 officer or servant authorized by him in this behalf shall have power to enter and inspect any place or article in the following cases, namely- (a) any stable, garage, coach-house or any place where: any vehicle, boat or animal liable to tax is kept; (b) any land whereon any [Corporation]1 drain has been or is proposed to be constructed-under section 230 ; (c) any land belonging to any person for the purpose of emptying his own drain into a [Corporation]1 drain-under sections 234, 236, 241 and 242 ; (d) any land whereon shaft or pipes for ventilating drains are required to be fixed-under section 249 ; (e) drains, ventilators, shafts, pipes, cesspools, latrines, urinals, bathing and washing places-under section 255 ; (f) any land which provides access to any [Corporation]1 waterworks-under section 264 : (g) any premises which are suspected to have been used for any trade or keeping any article in contravention of section 438 ; (h) any premises for the use of which a licence is required and has been granted under the provisions of this Act; (i) any building during its erection or any work during its execution; (j) any premises which are provided by the [Corporation]1 for the residence of [Corporation]1 officers and servants. (3) The Mukhya Nagar Adhikari or such authorized person shall not use any force for the purpose of effecting any entry under sub-section (1) unless- (i) such entry cannot otherwise be effected, and (ii) there is reason to believe that an offence is being or has been committed against any provisions of this Act or any rule or bye- law made thereunder.

561- (1) The Mukhya Nagar Adhikari may enter upon any land adjoining or within one hundred yards of any works authorized by this Act or by any rule or bye-law made thereunder for the purpose of depositing upon such land any soil, gravel, sand, lime, bricks, stone or other materials, or of obtaining access of such works, or for any other purpose connected with the carrying on of such works. (2) The Mukhya Nagar Adhikari shall, before entering upon any land under sub-section (1) unless otherwise provided in this Act or any rule or bye-law made thereunder, give the owner and occupier (if any) three days previous written notice of his intention to make such entry, and of the purpose thereof, and shall, if so required by the owner or occupier, set apart by sufficient fences so much of the land as may be required for the purpose mentioned in the said sub-section. (3) The Mukhya Nagar Adhikari shall not be bound to make any payment, tender or deposit before entering upon any land under sub section (1), but shall do as little damage as may be, and shall pay compensation to the owner and occupier (if any) of the land for such entry and for any temporary damage that may be done in consequence thereof, and shall also pay compensation to the said owner for any permanent damage resulting therefrom.

562- (1) No such entry shall be made after sunset and before sunrise: Provided that in any case in which it has been expressly provided by or under this Act such entry may be made by day or night. (2) Except as otherwise expressly provided by or under this Act, no building used as a human dwelling shall be entered except with the consent of the occupier thereof or without giving him at least six hours notice in writing of the intended entry and, except when it is deemed inexpedient to mention the purpose thereof, of such purpose. (3) When such premises may otherwise be entered without notice, sufficient notice shall be given in every instance to enable the inmates of any apartment appropriated to females to remove themselves. (4) Due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered. (5) No claim shall lie against any person for compensation for any damage necessarily caused by an entry under sub-section (7) of section 438 or by the use of any force necessary for effecting such entry.

563- No person shall, in any way, obstruct the Mukhya Nagar Adhikari in making any entry under section 560, or section 561 or any [Corporation]1 officer or other person accompanying the Mukhya Nagar Adhikari at his request or acting under his orders for the purposes of such entry.

564- (1) The Mukhya Nagar Adhikari may- (a) take, or withdraw from proceedings against any person who is Charged with- (i) any offence against this Act or any rule, regulation or bye-law; (ii) any offence which affects or is likely to affect any property or interest of the [Corporation]1 or the due administration of this Act; (iii) committing any nuisance whatever; [(b) subject to any general or special orders of the State Government in this behalf, compound any offence punishable under this Act, or rules, bye-laws or regulations made thereunder, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence and where the offence is so compounded:- (i) before the institution of the prosecution; the offender shall not be liable to prosecution from such offence, and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender.]1 (c) defend any election petition brought under the Act or any other proceeding relating to elections under the Act if he or the [Corporation]2 or any other [Corporation]2 authority is sued; or (d) defend, admit or compromise any appeal against an annual value or tax brought under section 472 ; (e) take, withdraw from or compromise, proceedings under sub-section (2) of section 470, sub-sections (3) and (4) of section 522 and section 481 and for the recovery of expenses or compensation claimed to be due to the [Corporation]2 ; (f) withdraw from or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty under a contract entered into with such person by the Mukhya Nagar Adhikari or, with the approval of the Executive Committee, any such claim for any sum exceeding five hindered rupees; (g) defend any suit or other legal proceedings brought against the [Corporation]2 or against the Mukhya Nagar Adhikari or a [Corporation]2 officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity; (h) with the approval of the Executive Committee admit or com-promise any claim, suit or legal proceeding brought against the [Corporation]2 or against the Mukhya Nagar Adhikari or a [Corporation]2 officer or servant in respect of anything done or omitted to be done as aforesaid (i) with the like approval, institute and prosecute any suit or with- draw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the [Corporation]2 or the Mukhya Nagar Adhikari ; (j) obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the [Corporation]2 or the Executive Committee to obtain, for any of the purposes mentioned in the fore-going clauses of this sub-section or for securing the exercise or discharge of any power or duty vesting in or imposed upon any [Corporation]2 authority or any [Corporation]2 officer or servant: Provided that the Mukhya Nagar Adhikari shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the [Corporation]2 shall determine to have instituted and prosecuted.

565- (1) The Mukhya Nagar Adhikari and every Sabhasad [***]1 and every [Corporation]2 officer or servant appointed under this Act, and every contractor or agent for the collection of any [Corporation]2 tax, fee or other sum due to the [Corporation]2 and every servant or other person employed by any such contractor or agent shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (2) For the purposes of sub-section (I) the word "Government" in the definition of "Legal remuneration" in section, 161 of the Indian Penal Code shall be deemed to include the [Corporation]2.

566- It shall be the duty of every police officer- (a) to communicate without delay to the proper [Corporation]2 officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye- law or regulation made under it ; (b) to assit the Mukhya Nagar Adhikari or any [Corporation]2 officer or servant, or any person to whom the Mukhya Nagar Adhikari has lawfully delegated powers reasonably demanding his aid for the lawful exercise of any power vesting in the Mukhya Nagar Adhikari or in such [Corporation]2 officer or servant or person under this Act, or any such rule, bye-law or regulation, and for all such purposes he shall have the same powers which he has in the exercise of his ordinary police duties.

567- (1) If any police officer sees any person committing an offence against any of the provisions of this Act, or of any rule, bye-law or regulation made under it, he shall, if the name and address of such person, are unknown to him and if the said person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false, arrest such person. (2) No person, arrested under sub-section (1) shall be detained in custody- (a) after his true, name and address are ascertained, or (b) without the, order of a magistrate for any longer time not exceeding twenty-four hours from the hour of arrest, than is necessary for bringing him before a magistrate.

568- The State Government may empower any [Corporation]2 officer or servant or any class of [Corporation]2 officers or servants to exercise the powers of a police officer for the purposes of this Act.

569- (1) Any informality, clerical, error, omission or other defects in any assessment made or any distress levied or attachment made or in any notice, bill, schedule, summons or other document issued under this Act or under any rule, regulation or bye-law may at any time, as far as possible, be rectified. (2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, attachment, notice, bill, schedule, summons or other document invalid or illegal if the provisions of this Act and of the rules, regulations or bye-laws have in substance and effect been complied with, but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a court of competent jurisdiction.

570- No suit, prosecution or other legal proceeding shall lie in respect of anything in good faith done or purported or intended to be done under this Act against the State Government, any Sabhasad, [***]1, Nagar Pramukh or against the Mukhya Nagar Adhikari, or any [Corporation]2 officer or servant or against person acting under and in accordance with the directions under this Act of the State Government, the [Corporation]2, any committee constituted under this Act, the Mukhya Nagar Adhikari, any [Corporation]2 officer or servant or of a magistrate.

571- (1) No suit shall be instituted against the [Corporation]2 or against the Mukhya Nagar Adhikari, or against any [Corporation]2 officer or servant, in respect of any act done or purported to be done in pursuance or execution or intcl1d~d execution of this Act or in respect of any alleged neglect or default in the execution of this Act- (a) until the expiration of two months next after notice if writing has been, in the case of the [Corporation]2, left at the [Corporation]2 office and, in the case of the Mukhya Nagar Adhikari or of a [Corporation]2 officer or servant delivered to him or left at his office, stating with reasonable particularity the cause of action the nature of the relief sought, the amount of compensation claimed, if any, and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any, for the purpose of such suit, nor (b) unless it is commenced within six months next after the accrual of the cause of action: Provided that nothing in this sub-section shall be construed to apply to a suit wherein the only relief claimed is an injuction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding. (2) At the trial of any such suit- (a) the plaintiff-shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid; (b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was Instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs. (3) When the defendant in any such suit is a [Corporation]2 officer or servant, payment of sum or of any part of any sum payable by him in, or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made, with the previous sanction of the Executive Committee from the [Corporation]2 Fund.

[571-A A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a [Corporation]2 shall, if duly certified by the legal keeper thereof or a person authorised by the Mukhya Nagar Adhikari in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.

571-B No [Corporation]2 officer or servant shall. in any legal proceedings to which [Corporation]2 is not a party be required to produce any register or document the contents of which can be proved under the last preceding section by a certified copy or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.]1

572- No Civil Court shall in the course of any suit grant any temporary injunction or make any interim order- (a) restraining any person from exercising the powers or performing the functions or duties of a Sabhasad, [***]1; officer or servant of a [Corporation]2 or of a committee or sub-committee of a [Corporation]2 on the ground that such person has not been duly elected, or appointed, as the case may be ; or (b) restraining any person or persons or any [Corporation]2 committee or sub-committee of a [Corporation]2 from holding any election, or from holding any election in any particular manner.

573- (1) No person who receives the rent of any premises in any capacity described in paragraphs (i), (ii) or (iii) of sub-clause (a) of clause (52) of section 2 shall be liable to do anything which is by this Act required to be done by the owner unless he has or, but for his own improper act or default, might have had sufficient funds of or due to the owner to pay for the same. (2) The burden of proving the facts entitling any person to relief under sub-section (1) shall rest on such person. (3) When any person has secured relief under sub-section (1) the Mukhya Nagar Adhikari may, by written notice, require such person to apply to the discharge of any obligation which he would, but for such relief, be bound to discharge the first moneys which shall come to his hand on behalf of or for the use of the owner, and any person who fails to comply With such notice shall be deemed to personally liable to discharge such obligation. (4) Nothing in this section shall be deemed to prevent the Mukhya, Nagar Adhikari from carrying out the necessary work and recovering the expenses from the actual owner.

574- [(1)]3 In any enactment other than the V.P. Municipalities Act, 1916, the U. P. Town Improvement Act, 1919 and the Cawnpore Urban Area Development Act, 1945, in force on the date immediately preceding the appointed day in a City or any rule, order or notification made or issued thereunder and in force on such date in the said City unless’ a different intention appears- (a) references to [municipality or municipal area and Municipal Board or [Municipal Corporation]3, as the case may be]2 constituted under the U.P. Municipalities Act,1916, shall be construed as references to the [City and to the Corporation]3 of the said City, as the case may be, and such enactment, rule, order or notification shall apply to the said City or [Corporation]1; (b) references to President or the Vice-President of the [or as the case may be, of the Municipal Board]4 constituted under the U. P. Municipalities Act, 1916, shall be construed in respect of the City as references to the Mukhya Nagar Adhikari, appointed under this Act; (c) references to the Improvement Trust or Development Board constituted under the U. P. Town Improvement Act, 1919, or the Cawnpore Urban Area Development Act, 1945 and to the Chairman or President of such Trust or Board shall in respect of the City be construed as references respectively to the Development Committee constituted under this Act and to the Mukhya Nagar Adhikari; (d) references to the member of a [or as the case may be, [Municipal Corporation]6 of the Municipal Board]4 constituted under the U. P. Municipalities Act, 1916, shall in respect of the City be construed as references to the members of the [Corporation]1 constituted under this Act for the City; and (e) references to any chapter or section of the U. P. Municipalities Act,1916, the U. P. Town Improvement Act, 1919 and the Cawnpore Urban Area Development, Act, 1945, shall as far as possible be const rued in respect of the City as references to this Act or its corresponding chapter or section. [(2) On and from the date of commencement of the Uttar Pradeesh Urban Local Self Government Laws (Amendment) Act, 1994, any reference to the Nagar Mahapalika or Mahapalika in any rules, regulations, bye-laws. statutory instruments or in any toher law for the time being in force, or in any document or proceedings shall be construed as references respectively to the Municipal Corporation or the Corporation.]2

575- All sums due to [Municipal Board or, as the case may be, to the Municipal Corporation]5 or local authority for the area which has been constituted a City, whether on account of any tax or any other account, shall be recoverable by the Mukhya Nagar Adhikari for the City and for the purpose of such recovery shall be competent to take any measure or institute any proceeding which it would have been open to the authority of [Municipal Corporation]6 or, as the case may be, to the Municipal Council]5 or local authority to take or institute, if this Act had not come into operation and the said area had not been constituted to be a City.

576- (1) All debts and obligations incurred and all contracts made by or on behalf of the [Municipal Board or, as the case may be, to the [Municipal Corporation]3 Council]2 or local authority immediately before the appointed day and subsisting on the said day shall be deemed to have been incurred and made by the Mukhya Nagar Adhikari for the said City in exercise of the powers conferred on him by this Act and shall continue in operation accordingly. (2) All proceedings pending before any authority of the [Municipal Board or, as the case may be, to the [Municipal Council]2 or local authority on the said day which under the provisions of this Act are required to be instituted before or undertaken by the Mukhya Nagar Adhikari shall be transferred to and continued by him and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to be instituted or under-taken under the provisions of this Act. (3) All appeals pending before any authority of the [Municipal Board or, as the case may be, to the [Municipal Corporation]3 Council]2 or local authority on the said date shall, so far as may be practicable, be disposed of as if the area was constituted to be City when they were filed. (4) All prosecutions instituted by or on behalf of the [Municipal Board or, as the case may be, to the [Municipal Corporation]3 Council]2 or local authority and all suits and other legal proceedings instituted by or against the [Municipal Board or, as the case may be, to the [Municipal Corporation]3 Council]2, local authority or any officer of the [Municipal Board or, as the case may be, to the [Municipal Corporation]3 Council]2 or local authority pending On the said date shall be continued by or against the Mukhya Nagar Adhikari or the [Corporation]1 for the said City, as the case may be, as if the area was constituted to be a City when such prosecution, suit or proceeding was instituted.

577- Save as expressly provided by the provisions of this Chapter or by a notification issued under section 579- (a) any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law regulation, form made, issued, imposed or granted under the U. P. Municipalities Act, 1916 or the Cawnpore Urban Area Development Act, 1945, or the U. P. Town Improvement Act, 1919, or any other law in force in any local area constituted to be a City immediately before the appointed clay shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, or form made, issued imposed or granted under this Act or any other law as aforesaid, as the case may be; (b) any notice or notification or sanction of any improvement scheme for the area included in the City issued under the U. P. Town Improvement Act, 1919 or the Cawnpore Urban Area Development Act, 1945, shall be deemed to have been issued under this Act and all further proceedings in furtherance of such scheme may be taken accordingly; (c) all proceedings for acquisition of land whether in pursuance of any scheme of improvement or otherwise initiated under the U. P. Town Improvement Act, 1919, the Cawnpore Urban Area Development Act, 1945, or the U. P. Municipalities Act, 1916 or any other enactment applicable to the area included in the City may be continued as if they had been initiated under this Act; (d) all budget estimates, valuations, measurements, and divisions made under the U. P, Municipalities Act, 1916, or the U. P. Town Improvement Act, 1919, or the Cawnpore Urban Area Development Act, 1945 or any other law in force in any area constituted to be a City immediately before the appointed day shall, in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act; (e) all officers and servants in the employ of the [Municipal Board or, as the case may be, the [Municipal Corporation]4 Council]3, Improvement Trust, Development Board or local authority immediately before the appointed day shall, notwithstanding anything in sections 106 and 107, be officers and servants employed by the [Corporation]2 in a temporary capacity under this Act and [for so long as they are not appointed to posts created under this Act or finally absorbed in any centralised service created by rules made under section 112-A or their services do not stand determined in accordance with such rules, they shall draw the same salaries and allowances and, except as otherwise provided in such rules, be subject to the same conditions of service to which they were entitled or were subject immediately before the appointed day.]1 [(ee) For so 10:1g as the posts mentioned in section 106 are not created by the [Corporation]2 and formal appointments are not made there to as provided in this Act- (1) the Mukhya Nagar Adhikari shall be competent to make such changes in the designations of the existing officers and servants mentioned in clause (e) as may be necessary having regard to the provisions of this Act and the rules made thereunder, and the officers and servants so designated shall be competent to exercise and perform the powers, duties and functions assigned to them under the Act and the said rules: Provided that a copy of every order of the Mukhya Nagar Adhikari made under this sub-clause shall be sent to the State Government which may make such modifications therein as may be necessary or desirable; (2) Such officer or officers of the State Health Service as the State Government may nominate or designate in this behalf shall function as Nagar Swasthya Adhikari or as Nagar Swasthya Adhikaris under the Act; (3) Servants of the Slate Government who are on deputation with the Municipal Board or, as the case may be, the [Municipal Corporation]4 Council]3, Improverment Trust, Development Board or local authority immediately before the appointed day shall, notwithstanding anything contained in sections 106 and 107 be deemed to be on deputation with the [Corporation]2 : Provided that the State Government may, at any time, of its own accord or on a request being made by the [Corporation]3 withdraw any such officer or substitute any such officer by a new officer.]1 (f) [subject to the provisions of any rules made under section 112-A the following procedure shall be followed]2 in appointing the officers and servants referred to in clause (e) to the posts created by the [Corporation]3 under section 106- (1) appointments to posts for which consultation of the State Public Service Commission is necessary under section 107 shall be made according to the provisions of that section; (2) appointments to other posts shall be made by the Mukhya Nagar Adhikari in consultation with the Nagar Pramukh and in accordance with any general or special directions of the State Government in this behalf; (3) if for any post a suitable person out of the temporary officers and servants aforesaid is not available, appointment to such post shall be made otherwise under the provisions of this Act; (4) if any temporary officer or servant as aforesaid is found not to be suitable for any post by the [Corporation]3 or he declines to accept the post to which he is appointed on the ground that its pay or time scale of the pay is less than his present pay or time scale, his service shall be terminated after giving him necessary notice as required under the terms of his service but each such officer or servant whose services have been terminated in this manner shall be entitled to such leave, pension or gratuity as he would have been entitled to take or receive on termination of his service if this Act had not been passed; (g) the service rendered by the officers and servants referred to in clause (e) before the appointed day shall be deemed to be service rendered in the service of the [Corporation]3.

577-A [All officers and servants in the employment of a Nagar Mahapalika as it stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, shall on such commencement, be the officers and servants of the Corporation under this Act and shall draw the same salaries and allowances and be subject to the same conditions of service to which they were entitled or subjected to immediately before such commencement.]4

578- Any reference in the foregoing sections to a [Municipal Corporation]7 or a local authority shall, in case such [Municipal Corporation]7 or local authority has been [***]4 dissolved or placed under the charge of an administrator under any enactment made for that purpose be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such [Municipal Corporation]7 or local authority under any law relating to such [Municipal Corporation]7 or local authority.

579- (1) [Where any area is specified to be a larger urban area under clause (2) of article 243-Q of the Constitution]3, the State Government may, notwithstanding anything in this Act or any other enactment for the time being in force in such area- (a) by notification in the official Gazette appoint an interim Mukhya Nagar Adhikari to exercise the powers and perfrom the functions of a Mukhya Nagar Adhikari under this Act [***]4; (b) requisition the services of any officer or servant of the [Municipal Corporation]7 Council]4, Improvement Trust or Development Board or other local authority functioning in relation to the area included in such City for the purposes of all works relating to the establishment of the [Corporation]1 of such City; (c) by order provide for such other matters as may be necessary for facilitating the establishment of the [Corporation]1 for such City. (2) The salary and allowances of the officers and servants referred to in clause (b) of sub-section (1) shall be paid out of the funds of the respective local authority of which they were officers or servants at the time of requisition of their services and the salary and allowances of the interim Mukhya Nagar Adhikari shall be paid" out of the fund of such local authority as the Slate Government my direct.

[579-A (1) Notwithstanding anything in this Act, during the period between the commencement of the Uttar Pradesh Urban local Self Government Laws (Amendment) Act, 1904, [and the first Constitution of the Municipal Corporation under this Act as amended by the said Act]6, the Nagar Mahaplika and its Nagar Pramuk, Upa Nagar Pramukh and members shall respectively exercise, perform , and discharge the powers, functions and duties of the Municipal Corporation, its Nagar Pramuk, Upa Nagar Pramukh and members shall be deemed respectively to be the Municipal Corporation, its Nagar Pramukh, Upa Nagar Pramukh and members. (2) Where the term or the extended term of [the Nagar [Corporation]1 as it stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, [has expired before such commencement and an officer has been appointed by the State Government (hereinafter referred to as the Administrator then until the first Constitution of the Corporation]4 ].3-- (a) [***]5 (b) all powers, functions and duties of the Corporation, its Nagar Pramukh, Upa Nagar Pramukh, Executive Committee, Development Commuttee and other Committees appointed under clause (e) of section 5 and of the Mukhya Nagar Adhikari shall [continue to vest in and be exercised, performed and discharged by the Administrator who shall]6 be deemed in law to be the Corporation, the Nagar Pramukh, the Upa Nagar Pramukh, Executive Committee, Development Committee, other Committees or the Mukhya Nagar Adhikari as the occasion may require : (c) subject to any general or special orders of the State Government, the Administrator may in respect of all or any of the powers conferred on him by clause (b) – (i) consult such Committee or other body, if any, constituted in such manner as may be specified by him in that behalf; or (ii) delegate, subject to such conditions as he may think fit to impose the powers so conferred, to any person or to any committee or other body constituted under sub-clause (i), to be specified by him in that behalf: (d) such salary and allowances of the Administrator as may be fixed by general or special order of the State Government in that behalf shall he paid out of the Corporation Fund.]2 [(3) Notwithstanding anything in sub-section (2), the elections to constitute the Corporation shall be held within a period of one and a half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the Constitution of the Corporation, the provisions of clauses (b), (c) and (d) of sub-section (2) shall cease to have effect.]7 (4) [***]8

[580- (1) If any difficulty arises in giving effect to the provisions of this Act or, by reason of anything contained in this Act, or any other enactment for the time being in force, the Stare Government may, as occasion requires, by a notified order, direct that this Act shall effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary and expedient. (2) No order under sub-section (1) shall be made after the expiration of the period of two years from the commencement of the Uttar Pradesh Urban local Self Government Laws (Amendment) Act, 1994. (3) The provisions made by any order sub-section (1) shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of the Uttar Pradesh urban Local Self Government Laws (Amendment) Act, 1994. (4) Every order made under sub-section (1), shall be laid, as soon as may be before both the Houses of the State Legislature and the provisions of sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.

580-A (1) On and from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 and subject to the provisions of section 140-- (a) all property, interest in property and assets, including cash balances wherever situate, which immediately before such date were vested in the Nagar Mahapalika shall vest in and be held by the Corporation for the purposes of this Act; and (b) all rights, liabilities and obligations of the aforesaid Nagar [Corporation]1whether arising out of any contract or otherwise existing immediately before such date, shall be the rights, liabilities and obligations of the Corporation. (2) Where any doubt or dispute arises as to whether any property, interest or asset has vested in Corporation under sub-section (1), or any rights, liaoility or obligation has become the right, liability or obligation or Corporation such doubt or dispute shall be referred by the Mukhya Nagar Adhikari to the State Government whose decision shall unless superseded by any decision of a court of law shall be final.

580-B All sums due to the Nagar [Corporation]1 whether on account of any tax or any other account: shall be recoverable by the [Corporation]1 and for the purpose of such recovery, it shall be competent to the [Corporation]1 to take any measure or institute any proceeding which it would have been open to the Nagar [Corporation]1 to take or institute, if the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 had not come into force.

580-C (1) All debts and obligations occurred and all contracts made by or on behalf of the Nagar [Corporation]1 before the date referred to in sub-section (1) of section 580-A and subsisting on the said date shall be deemed to have been incurred and made by the [Corporation]1 in exercise of the powers conferred on it by this Act and shall continue in operation accordingly. (2) All proceedings pending before any authority of, the said Nagar [Corporation]1 on the said date, which under the provisions of this Act, are required to be instituted before or undertaken by the Corporation shall be transferred to and continued by the Corporation and all other such proceedings shall, so for as may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act. (3) All appeals pending before any authority of the said Nagar [Corporation]1 on the date shall, so far as may be practicable, be disposed of, as if there was a Corporation, when they were filed. (4) All prosecutions instituted by or on behalf of the said Nagar [Corporation]1 and all suits and other legal proceedings by or against the said Nagar [Corporation]1 or any officer of the said Nagar [Corporation]1 pending on the said date, shal1 be continued by or against the [Corporation]1 or the officer, as the case may be, as if there was a Corporation constituted when such prosecution, suit or proceeding was instituted.]2

581- The U. P. Municipalities Act, 1916, the U. P. Town Areas Act, 1914, U. P. Town Improvement Act, 1919, the U P. Town Improvement (Appeals) Act, 1920, the U. P. Town Improvement (Adaptation) Act, 1948 [the U. P. District Boards Act, 1922, the U. P. Local Bodies (Appointment of Administrators) Act, 1953]2 and the Cawnpore Urban Area Development Act, 1945, shall with effect from the appointed day, stand repealed in so far as they may be applicable to any area included in the City.