(1) Every
Municipality may, from time to time, make bye-laws not
inconsistent with this Act and the rules made thereunder -
(a) for regulating the payments from the municipal fund;
(b) for prescribing all matters relating to the imposition,
levy, assessment and collection of user charges under
section 104;
(c) for prescribing the form of and the manner of
keeping of maps, drawings and description of
underground utilities and maps of fire hydrants and
sewerage man-holes;
(d) for regulating the permission for temporary erection
of a booth or any other structure on any public place;
(e) for prescribing the terms and conditions subject to
which the precautions to be taken during construction
or repair of street, drain or premise;
(f) for regulating the erection of all kind of buildings;
(g) for determining the technical qualifications and
experience for the person seeking licence to act as a
plumber;
(h) for regulating the projections of the building under
section 192;
(i) for the regulation and inspection of markets, public
places used for the sale of articles and slaughter
houses, all places used by or for animals which are
for sale or hire, or the produce of which is sold, and
for the proper and clean conduct of business therein;
for regulating the sale of fruits and vegetables in the
municipal markets or other charges to be levied for
the use of any of them which belong to the
Municipality;
(j) prescribing the conditions on or subject to which, and
the circumstances in which, and the areas or localities
in respect of which, licences may be granted, refused,
suspended or withdrawn for the use of any place not
belonging to the Municipality-
(i) as a slaughter house;
(ii) as a market or shop for the sale of animals
intended for human food, or of meat, or of
fish, or as a market for the sale of fruits or
vegetables;
(iii) for any of the purposes mentioned in
section 282;
(iv) as a dairy, hotel, restaurant, eating-house,
coffee-house, sweet, meat-shop, bakery,
camping-ground, sarai, dhobi-ghat, flour
mill, sawmill, ice-candy factory,
foodgrain-godown, Municipality house,
lodging-house (other than a students'
hostel under public or recognized control)
or for manufacturing ice or aerated water;
(v) as a place for the preparation or
manufacture of oil;
(vi) for parching grain or Bengal grain on a
large scale; or
(vii) for any other purpose for which the issuing
of a licence may be prescribed,
and providing for the inspection and regulation of the
conduct of business in any place used as aforesaid, so
as to secure cleanliness therein or to minimize any
injurious, offensive or dangerous effect arising or
likely to arise therefrom;
(k) prohibiting the stabling or herding of horses, camels,
donkeys, sheep or goats, otherwise than in accordance
with such rules prescribed in such bye-laws in regard
to the number thereof, and the places to be used for
the purpose, as may be necessary to prevent danger to
the public health;
(l) (i) for the inspection of milk cattle; and
prescribing and regulating the construction,
dimensions, ventilation, lighting, cleansing,
drainage and water-supply of dairies and
cattle-sheds in the occupation of persons
following the trade of dairymen or milk
sellers;
(ii) for securing the cleanliness of milk-stores,
milk-shops and vessels used by milk-sellers
or butter-men for milk or butter;
(m) for the registration of births, deaths and marriages,
and the taking of a census within the Municipality and
for enforcing the supply of such information as may
be necessary to make such registration or census
effective;
(n) regulating the disposal of the dead and of the
carcasses of dead animals and the maintenance of all
places for the purpose in good order and in a safe
sanitary condition, due regard being had to the
religious usages of the community or section of the
community entitled to the use of such places for the
disposal of the dead;
(o) enforcing the supply of information as to any cases of
dangerous disease, and carrying out the provisions of
section 273;
(p) enforcing the supply of such information by
inhabitants of the Municipality as may be necessary
to ascertain their respective liabilities to any tax
imposed therein;
(q) regulating the use of public bathing and washing
places within municipal limits;
(r) regulating sanitation and conservancy;
(s) regulating the conditions for the construction, use and
disposal of houses intended for the homeless under
sub-clause (c) of clause (iv) of section 46;
(t) regulating the conditions on which permission may be
given for the temporary occupation of, or the creation
of temporary structures on public streets, or for
projections over public streets;
(u) regulating the structure and dimensions of plinths,
walls, foundations, floors, roofs and chimneys of new
buildings for the purpose of securing stability and the
prevention of fires and for purposes of health;
(v) regulating the erection or use of buildings for grain
shops or grain stores, the use of sites for erection of
buildings and, in localities intended for residential
purposes, the erection or use of buildings for shops,
market places, manufacturing, places of public resort
or for any other purpose;
(w) preventing the erection of building without adequate
provision being made for the laying out and location
of streets;
(x) ensuring the adequate ventilation of buildings by the
provision and maintenance of sufficient open space
either internal or external and of doors and windows
and other means for securing a free circulation of air;
(y) regulating, in any other particular manner not
specially provided for in this Act, the construction,
maintenance and control of drains, sewers, ventilation
shafts, receptacles for dung and manure, cess-pools,
water-closets, privies, latrines, urinals and drainage or
sewage works of every description, whether the
property of the Municipality or not;
(z) determining the conditions, restrictions, norms and
specifications for all kinds of constructions looking to
the local need for the purpose of operation of section
194 and section 236 in conformity with the directions
issued and restrictions prescribed if any, from time to
time, by the State Government;
(za) prohibiting the transit of any vehicles of such form,
construction, weight or size, or laden with such
machinery or other unwieldy objects as may be
deemed likely to cause injury to the roadway or any
construction thereon, or risk or obstruction to other
vehicles or to pedestrians, along or over any street,
except under such conditions as to time, mode of
traction or locomotion, use of appliances for
protection of the roadway, number of lights and
assistants and other general precautions as may be
prescribed, either generally in such bye-laws or in
special licences to be granted in each case upon such
terms as to time of application and payment of fees
therefore as may be prescribed in such bye-laws;
(zb) securing the protection of public parks, gardens and
open spaces, vested in or under the control of the
Municipality from injury or misuse, regulating their
management and the manner in which they may be
used by the public, and providing for the proper
behaviour of persons in them;
(zc) regulating or prohibiting any description of traffic in
the streets and providing for the reduction of noise
caused thereby;
(zd) rendering licences necessary for the proprietors or
drivers of vehicles or animals kept or plying for hire
within the limits of the Municipality, and fixing the
fees payable for such licences and the conditions on
which they are to be granted and may be revoked;
(ze) limiting the rates which may be demanded for the hire
of any carriage, cart or other conveyance or of any
animals hired to carry loads or persons, or for the
service of persons hired to carry loads or to impel or
carry such conveyance, and limiting the loads which
may be carried by any animal, or carriage, cart, or
other conveyance, plying for hire, within the limits of
the Municipality;
(zf) for the licensing, inspection and proper regulation of
places of public resort, recreation or amusement;
(zg) regulating the posting of bills and advertisements, and
the position, size, shape and style of sign-posts;
(zh) rendering licences necessary for hand-carts employed
for transport, or hawking articles for sale, and for the
persons using such hand-carts, and prescribing the
conditions for the grant and revocation of such
licences;
(zi) generally for the regulation of all matters relating to
municipal administration;
and every Municipality may prescribe fine for the
infringement of any such bye-laws.
(2) Every Municipality shall, before making any bye-laws
under this section, publish, in such manner as shall in its opinion
be sufficient, for the information of persons likely to be affected
thereby, a draft of the proposed by-laws together with a notice
specifying a date on or after which the draft will be taken into
consideration and shall, before making the bye-laws, receive and
consider any objection or suggestion with respect to the draft
which may be made in writing by any person before the date so
specified.
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