MUNICIPAL POWER AND OFFENCES
Powers in respect of road
111. Power to make roads.—(1) A Nagar Panchayat or as the case may be, a Council may—
(a) layout or make new public road; or
(b) widen, open, enlarge or otherwise improve any public road and construct tunnels and other
works subsidiary to such road; or
(c) divert, discontinue or close permanently any public road; or
(d) sell or lease the land forming such road or any part thereof, acquired for the purpose of such
road or for any other purpose of this Act:
Provided that no such public road shall be discontinued, permanently closed or used for any other
purposes without the previous sanction of the Government.
(2) In laying out, making, turning, diverting, widening, opening; enlarging or otherwise improving
any public road, the Nagar Panchayat or the Council may, in accordance with the provisions of this Act,
acquire land required for the carriage-way, footways and drains thereof.
112. Power to repair, etc., of private road, drains, etc.—(1) Where a Nagar Panchayat or a Council
considers that in any road not being a public road, or in any part of such road within the municipality, it is
necessary for the public health, convenience or safety that any work should be done for the levelling,
paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the Nagar Panchayat or as
the case may be, the Council may, by written notice, require the owner or owners of the several lands or
buildings fronting or adjoining the said road or abutting thereon to carry out such work in such manner
and within such time as may be specified in such notice.
(2) If the notice under sub-section (1) is not complied with, such work may be executed by the Nagar
Panchayat or the Council, the expenses thereby incurred, shall be apportioned by the Nagar Panchayat or
the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it
necessary, to the amount and value of any work already done by the owners or occupiers of such lands
and buildings.
(3) After such work has been carried out by the owner or by the owners or on the failure of the
owners to do so, by the Nagar Panchayat or the Council at the expenses of such owners the road or part
thereof in which such work has been done, may, and on the joint requisition of a majority of the said
owners, shall be declared by public notice put up therein by the Nagar Panchayat or the Council to be a
public road.
113. Prohibition of use of public roads by a class of animals, carts or vehicles.—(1) The Nagar
Panchayat or as the case may be, the Council may, by public notice prohibit or regulate the driving, riding
or leading of animals or vehicles of any particular kind along any public road or part of any such road.
(2) Any person who disobeys an order passed by the Nagar Panchayat or as the case may be, the
Council under the provisions of sub-section (1) shall be punishable with fine not exceeding two hundred
rupees.
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114. Penalty for encroachment on public roads, etc.—Any person, who without the permission of
the Nagar Panchayat or of the Council,—
(a) encroaches upon any public road or house-gully or upon any public drain, sewer, aqueduct,
water-course or that by making any excavation or by erecting any wall, fence, rail, post, projection or
other obstruction, or by deposing any movable property thereon, or
(b) takes up or alters the pavements or other materials, fences or posts on any public road,
shall, for every such offence, be punishable with fine not exceeding two thousand and five hundred rupees
and with a further fine not exceeding two hundred rupees for every day during which the encroachment
continues after the first conviction.
115. Use of public road or place by vendors and other person and penalty thereof.—(1) Subject
to the provisions of this Act and the rules and bye-laws made thereunder, no itinerant vendor or any other
person shall use or occupy any public road or place for the sale of articles or for the exercise of any
calling, or for setting up any booth or stall without the permission of the Nagar Panchayat or of the
Council.
(2) Whoever violate the provision of sub-section (1) shall be punishable with fine which may extend
to two thousand five hundred rupees and with fine which may extend to five hundred rupees for every
subsequent offence after the first conviction.
116. Power to remove obstructions, encroachments and projections in or on public road, etc.—
The Nagar Panchayat or as the case may be, the Council may, notwithstanding any proceedings which
may have been started against him under this Act, issue a notice requiring any person to remove any
building which he may have built or any fence, rail, post or other obstruction or encroachment which he
may have erected or stacked, on any part of a public road, house-gully, public drain, sewer, aqueduct,
watercourse, ghat or any land vested in the Nagar Panchayat or in the Council and, if such person fails to
comply with such requisition within forty-eight hours of the receipt of the same, the Sub-Divisional
Magistrate may, on the application of the Nagar Panchayat or of the Council, order that such obstruction
or encroachment be removed and thereupon the Nagar Panchayat or the Council may remove any such
obstruction of encroachment and the expenses thereby incurred shall be paid by the person who erected or
stacked the same.
117. Procedure when person who erected obstruction cannot be found.—(1) If the person who
built, erected or stacked the said building, fence, rail, post or other obstruction or encroachment referred
to in the preceding section is not known or cannot be found, the Nagar Panchayat or as the case may be,
the Council may cause a notice to be posted in the neighbourhood of the said building, fence, rail, post or
other obstruction or encroachment requiring any person interested in the same to remove it, and it shall
not be necessary to name any person in such requisition.
(2) If the said building, fence, rail, post or other obstruction or encroachment be not removed in
compliance with the requisition contained in such notice within forty-eight hours of the posting of the
same, the Sub-Divisional Magistrate may, on the application of the Nagar Panchayat or as the case may
be, the Council, order that such obstruction or encroachment be removed, and thereupon the Nagar
Panchayat or as the case may be, the Council may remove any such obstruction or encroachment, and
may recover the cost of such removal, by sale of the materials so removed.
(3) The surplus sale-proceeds, if any, shall be credited to the Municipal Fund, and may be paid on
demand to any person who established his right to the satisfaction of the Nagar Panchayat or as the case
may be, the Council or in any court of competent jurisdiction.
118. Projections from buildings to be removed.—(1) The Nagar Panchayat or as the case may be,
the Council may issue a notice requiring the owner or occupier of any building to remove or alter any
projection, obstruction or encroachment erected or placed against or in front of such building, if the same
overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the
safe and convenient passage along any public road or house-gully, or obstructs, or projects or encroaches
into or upon any drain, sewer or aqueduct in any public road or into or upon any public water-course or
ghat or any land in the Nagar Panchayat or the Council, as the case may be.
(2) If such owner or occupier fails to comply with such requisition within forty-eight hours of the
receipt of the notice, or within such further time as the Nagar Panchayat or the Council may allow the
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Sub-Divisional Magistrate may, on the application of Nagar Panchayat or of the Council, order that such
projection, obstruction or encroachment be removed or altered; and thereupon the Nagar Panchayat or the
Council may remove or alter such projection, obstruction or encroachment, and any reasonable expense
incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or
occupier.
(3) If the expense of removing or altering any such structure or fixture is paid by the occupier of the
building, in any case in which the same was not erected by himself, he shall be entitled to deduct any
reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him
to the owner of the building.
119. Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment
summarily on requisition by the Government.—Notwithstanding anything contained in sections 116
and 118, a District Magistrate or a Sub-Divisional Magistrate shall, on being so required by the
Government, order any person responsible for any obstruction or encroachment or projection as specified
in sections 116 and 118 to remove or alter such obstruction or encroachment or projection within a period
of not less than forty-eight hours and on non-compliance the District Magistrate or the Sub-Divisional
Magistrate as the case may be, shall remove such obstruction or encroachment or projection and realise
the expenses, thereby incurred from the person concerned as fine in a Criminal Court:
Provided that in case the person or persons responsible for such obstruction, encroachment or
projection is or are not known or cannot be found the procedure laid down in section 117 shall be
followed.
120. Effect of order made under section 116, 117, 118 or 119.—Every order made by a SubDivisional Magistrate or a District Magistrate as the case may be, under section 116, 117, 118 or 119 shall
be deemed to be an order made by him in the discharge of his judicial duty and the Nagar Panchayat or as
the case may be, the Council shall be deemed to be person bound to execute such order within the
meaning of the Judicial Officer’s Protection Act, 1850 (Act XVII of 1850 ).
121. Nagar Panchayat or Council may require land holders to trim hedges, etc.—The Nagar
Panchayat or as the case may be, the Council may require the owner or occupier of any land within three
days to trim or prune the hedges thereon bordering on any public road or drains, and to cut and trim any
trees or bamboos thereon overhanging the public road, drain or tank, or any well used for drinking
purpose or obstructing any public road or drain or causing or likely to cause damage to any public road or
drain or any property of the Nagar Panchayat or of the Council or likely to cause damage to person using
any public road or likely to foul the water of any well or tank.
122. Penalty for disobeying requisition under section 116, 117, 118 or 119.—Whoever, being the
owner or occupier of any house on land within a municipality, fails to comply with a requisition issued by
the Nagar Panchayat or as the case may be, the Council under the provisions of section 116, 117, 118 or
119 shall be punishable with fine not exceeding two thousand rupees, and with a further fine not
exceeding one hundred rupees for every day during which the default is continued after the first
conviction.
123. Names of public roads and number of building.—(1) The Nagar Panchayat or as the case may
be, the Council may cause a name to be given to any public road and to be fixed in such place as it may
think fit, and may also cause a number to be affixed to every building, and in like manner may, from time
to time, cause such names and numbers to be altered.
(2) Any person who destroys, pulls down, defaces or alters any-name or number put up by the Nagar
Panchayat or as the case may be, the Council under sub-section (1) shall, for every such offence be
punishable with fine which may extend to two hundred rupees.
Building
124. Erection of building without sanction.—(1) No person shall erect, materially alter or re-erect
or commence to erect, materially alter or re-erect any building without the sanction of the Nagar
Panchayat or of the Council, as the case may be.
(2) Every person who intends to erect, materially alter or re-erect any building shall give notice in
writing to the Nagar Panchayat or as the case may be, to the Council of such erection.
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(3) When bye-laws have been framed under this Act no notice under sub-section (2) shall be
considered to be valid until such notice has complied with the provision of the bye-laws.
Explanation.—An alteration in a building for the purposes of this section and of bye-laws be deemed
to be material if it—
(a) affects or is likely to affect prejudicially the stability or safety of the building, or the condition
of the building in respect of drainage, ventilation, sanitation or hygiene;
(b) increase or diminishes the height or area covered by, or the cubical capacity of the building, or
of any room in the building.
(4) In the municipalities where water works are maintained it shall be compulsory for persons
erecting or re-erecting buildings costing rupees two lakhs or more (excluding cost of land and of
improvement of land) to install sanitary latrines. The municipality shall withhold sanction if the plan and
specification of the building submitted with the notice do not contain provision for installation of sanitary
latrines.
125. Special provision for cases where bye-laws have not been made.—In any case in which no
bye-laws have been made under this Act the Nagar Panchayat or as the case may be, the Council may,
within fourteen days of the receipt of the notice required by sub-section (2) of section 124, require a
person who has given such notice to furnish, within one week of the receipt by him of the requisition,
information on all or any of the matters as to which bye-laws might have been made and in such case the
notice shall not be valid until such information has been furnished.
126. Powers of Nagar Panchayat or the Council to sanction or refuse.—(1) Within sixty days
after the receipt of the notice, required by sub-section (2) of section 124, the Nagar Panchayat or as the
case may be, the Council may refuse to sanction the building or may sanction it either absolutely or
subject to such modification as it may deem fit in respect of all or any of the matters specified in
bye-laws and the person erecting, materially altering or re-erecting any such building as aforesaid shall
comply with the sanction of the Nagar Panchayat or as the case may be, the Council as granted in every
particular.
(2) When within a period of sixty days, the Nagar Panchayat or the Council fails, after the receipt of a
valid notice, to make and deliver to the person who has given such notice, an order of sanction or refusal
in respect thereof, it shall be deemed to have sanctioned the proposal of building absolutely:
Provided that the time taken by the applicant in furnishing any information requisitioned by the Nagar
Panchayat or by the Council, if any, after the receipt of the valid notice shall not be counted in the period
of sixty days referred to in this sub-section.
Explanation.—The Nagar Panchayat or the Council may refuse to sanction the erection, material
alteration or re-erection of any building either on the grounds affecting the particular building or in
pursuance of general scheme adopted by the Nagar Panchayat or by the Council at a meeting restricting
the erection or re-erection of building or any class of building within specified limits for the prevention of
overcrowding or in the interest of the residents within such limits or for any other public purpose.
Permission may also be refused in any case in which there is any dispute between the Nagar Panchayat or
as the case may be, the Council and the applicant as to the title of the land on which it is proposed to erect
the building until such dispute is decided.
127. Lapse of sanction.—A permission to erect, materially alter or re-erect building granted under
this Chapter or deemed to have been given by the Nagar Panchayat or as the case may be, the Council,
shall unless it is renewed on an application made to the Nagar Panchayat or the Council for this purpose
continue only for one year after the date on which it is granted.
128. Penalty for building without or in contravention of sanction.—Whoever erects, materially
alters or re-erects or commences to erect, materially alter or re-erect any building without the previous
sanction of the Nagar Panchayat or as the case may be, the Council or in contravention of any directions
given by the Nagar Panchayat or as the case may be, the Council granting sanction under section 123
shall be liable to a fine not exceeding one thousand rupees for every such offence, and to a further fine not
exceeding two hundred rupees for each day during which the offence is continued after his first
conviction.
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129. Power of a Nagar Panchayat or a Council in case of disobedience.—(1) If the construction of
a building is started, or if a building is materially altered or erected—
(a) without sanction as required by section 126 (1); or
(b) without notice as required by section 124 (2); or
(c) when sanction has been refused; or
(d) in contravention of the terms of any sanction granted; or
(e) when the sanction has lapsed; or
(f) in contravention of any bye-laws made under clause (vi) of sub-section (1) of section 209,
the Nagar Panchayat or as the case may be, or the Council may, by notice to be delivered within a
reasonable time, require the building to be altered or demolished as it may deem necessary, within the
period of thirty days from the date of the service of such notice:
Provided that the Nagar Panchayat or as the case may be, or the Council may instead of requiring the
alteration or demolition of any such building accept by way of composition such sum as it may deem
reasonable.
(2) Any person who fails to comply with a requisition issued by the Nagar Panchayat or as the case
may be, or the Council under the provisions of sub-section (1) shall be liable to a fine not exceeding five
hundred rupees and to a further fine not exceeding one hundred rupees for every day during which the
person continues to make such default after service on him of such requisition.
130. Roofs and external walls not to be made of inflammable materials.—The Nagar Panchayat
or as the case may be, the Council by written notice, may require any person who has made any external
roof or wall with thatch mats, leaves or other inflammable materials and in contravention of bye-laws
made under section 209 to remove or alter such roof or wall within a period to be specified in the notice.
131. Power to attach brackets for lamps.—The Nagar Panchayat or as the case may be, the Council
may, attach or cause to be attached to the outside of any building brackets for lamps in such manner as
not to occasion any injury thereto or inconvenience.
132. Building unfit for human habitation.—(1) If a building, or a room in a building is in the
opinion of the Nagar Panchayat or as the case may be, the Council unfit for human habitation in
consequence of the want of proper means of drains or ventilation or otherwise, the Nagar Panchayat or as
the case may be, the Council may, by notice, prohibit the owner or occupier thereof from using the
building or room for human habitation or suffering it to be so used whether absolutely or not unless,
within a time to be specified in the notice he effects such alteration therein as is specified in the notice.
(2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, the
Nagar Panchayat or as the case may be, the Council may require by further notice the demolition of the
building or room.
(3) Any person who uses a building or room or suffers to be used contrary to the provision of
sub-section (1) shall be punishable with fine not exceeding five hundred rupees, and with a further fine
not exceeding one hundred rupees for every day during which the offence is continued after the first
conviction.
133. Pending of building in dangerous state.—(1) A Nagar Panchayat or as the case may be, a
Council may require by notice the owner or occupier of any land or building—
(a) to demolish, secure or repair within eight days from the date of service of the notice in such
manner as it deems necessary any building, portion of a building, wall or other structure or anything
affixed thereto which appears to it to be in ruinous condition or dangerous to inmates if any,
passers-by or other property, or
(b) to repair, secure or enclose, within eight days from the date of service of the notice, in such
manner as it deems necessary any tank, well or excavation belonging to such owner or in the
possession of such occupier which appear to the Nagar Panchayat or the Council to be dangerous to
persons by reason of its situation, want of repairs or other such circumstances.
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(2) Where it appears to the Nagar Panchayat or the Council that immediate action is necessary for the
purpose of preventing imminent danger to any person or property, it shall be the duty of the Nagar
Panchayat or as the case may be, of the Council to take immediate action and recover the expense so
incurred from the owner or occupier of the building or the owner or occupier of the land to which such
building or other structure or anything is affixed.
134. Nagar Panchayat or Council may require owners to pull down ruins.—Whenever it appears
to the Nagar Panchayat or Council that any building by reason of abandonment or disputed ownership or
other cause is undaunted or by reason of having fallen into ruins, affords facilities for the commission of a
nuisance by disorderly persons or for the harbouring of snakes or other noxious animals, the Nagar
Panchayat or the Council may require the owner of such building or the land to which such building is
attached, to properly secure the same, or to remove or level such ruins, as the case may require.
135. Penalty for disobeying requisition under sections 133 and 134.—Any owner or occupier of a
house or land who fails to comply with requisition issued by the Nagar Panchayat or the Council under
the provisions of sections 133 and 134, shall be liable, for every such default, to a penalty not exceeding
one thousand rupees, and to a further penalty not exceeding two hundred rupees, for every day during
which the default is continued after the expiry of eight days from the date of service on him of such
requisition.
136. Compensation for prohibition of erection or re-erection.—Subject to any other provision in
this Act as regard compensation, no compensations shall be claimable by an owner for any damage which
he may sustain in consequence of the prohibition of the erection of any building.
Powers connected with drains
137. Power to require owners to clear noxious vegetation.—The Nagar Panchayat or the Council
may, by notice, require the owner or occupier of any land within such time as the Nagar Panchayat or the
Council may fix to cut and remove any tree or bamboos or branches thereof, or eradicate and destroy
vegetation and undergrowth which may appear to the Nagar Panchayat or the Council to be insanitary,
injurious to health or offensive to the neighbourhood or to be causing or likely to cause damage or
destruction to any crop growing or to be grown, or to be obstruction or likely to obstruct the free passage
for men or animals along a public road, or of any boat of stream vessel along a public water way.
138. Power to require owners to improve bad drainage.—Whenever any land, being private
property or within any private enclosure, appears to the Nagar Panchayat or the Council by want of
drainage to be in a state injurious to health or offensive to the neighbourhood, or by reason of inequalities
of a surface to afford facilities for the commission of a nuisance, the Nagar Panchayat or the Council may
require the owner or the occupier of such land or both within fifteen days, to drain such land or level
surface:
Provided that, if for the purpose of effecting any drainage under this section it shall be necessary to
acquire any land not being the property of the person who is required to drain his land, or to pay
compensation to any other person, the Nagar Panchayat or as the case may be, the Council shall provide
such land and pay such compensation.
139. Power to require unwholesome tanks or private premises to be cleansed or drained.—(1)
The Nagar Panchayat or the Council may require the owner or occupier of any land within eight days or
such longer period as the Nagar Panchayat or the Council may fix, either to re-excavate or at his option
fill up with suitable material or to cleanse any well, water-course, private tank or pool therein, and to
drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive
to the neighbourhood:
Provided that if, for the purpose of effecting any drainage under this section, it shall be necessary to
acquire any land not being the property of the person who is required to drain his land or to pay
compensation to any other person, Nagar Panchayat or as the case may be, the Council shall provide such
land and pay such compensation.
(2) If under the provisions of this Act the Nagar Panchayat or the Council execute the work of such
re-excavation or filling up with suitable material, it may take possession of the tank or pool or the sites of
such tank or pool and retain such possession and turn the same to profitable account until the expenses
thereby incurred shall have been realised.
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140. Wells, tanks, etc., to be secured.—If any well, tank or other excavation, whether on public or
private ground, be, for want of sufficient repair or protection, dangerous to passers by the Nagar
Panchayat or as the case may be, the Council shall forthwith require by notice such owner or occupier, or
both within eight days, properly to secure or protect such well, tank or other excavation; and if after the
said period the work is not executed, the Nagar Panchayat or as the case may be, the Council shall cause a
temporary hoard or fence to be put for the protection of passers-by and recover the expenses so incurred
from the owner or occupier or the owners and occupiers of the land on which such tank, well or other
excavation is situated.
141. Penalty for disobeying requisition under sections 137, 138, 139 and 140.—Any owner or
occupier of a house or land who fails to comply with a requisition issued by the Nagar Panchayat or the
Council under the provisions of section 137, 138, 139 or 140 shall be punishable with fine not exceeding
one thousand rupees, and with a further fine not exceeding two hundred rupees for every day during
which the default is continued after the expiry of eight days from the date of service on him of such
requisition.
142. Power of Government to prohibit cultivation, use of manure, or irrigation injurious to
health.—If the Director of Medical Health and Family Planning Services, Public Health Officer of the
Government or Health Officer of the municipality or such other Medical Officer of the Medical
Department of Manipur as may be prescribed, 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 any place within the limit of the municipality, is injurious to the health of person dwelling
in the neighbourhood; or
(b) in any place within or without the limits of the municipality is likely to contaminate the water
supply of the municipality or otherwise renders it unfit for drinking purposes the Government, on
receipt of an application from the municipality by public notice, prohibit the cultivation of such crop,
the use of manure or the use of the method of irrigation so certified to be injurious, or impose such
conditions with respect thereto as may prevent the injury.
143. Public latrines and urinals.—The municipality may provide and maintain in sufficient number
and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the
same to be kept in proper order and to be properly cleansed.
144. Power to demolish unauthorised drains leading into public.—(1) If any person, without the
written permission of the municipality first obtained, marks or causes to be made, or alters or causes to be
altered, any drain leading into any sewer, drain, water-course, road or land vested in the municipality, the
municipality may cause such branch drain to be demolished, altered, made or otherwise dealt with as it
may deem fit, and the expenses thereby incurred shall be paid by such person, making or altering such
branch drain.
(2) The person so making or altering such branch drain shall also be liable for every such offence to a
fine not exceeding five hundred rupees.
145. Penalty for allowing water of any sewer, etc., to run on any public road.—Whoever causes
or allows the water of any sink, sewer, latrine, urinal, cesspool or any other offensive matter belonging to
him or being on his land to run, drain or be thrown or put upon any public road, or causes or allows any
offensive matter to run, drain or be thrown into a surface drain near any public road shall be liable to a
fine not exceeding two hundred rupees and a daily fine not exceeding fifty rupees during which the
offence is continued.
146. Power to require owner to drain land.—If any land, near a sewer, drain or other outlet into
which such land may, in the opinion of the Nagar Panchayat or as the case may be, the Council, be
drained, is not drained to the satisfaction of the Nagar Panchayat or as the case may be, of the Council, it
may require the owner within one month to drain the said land into such sewer, drain or outlet.
147. Penalty for disobeying requisition under section 146.—Any person who fails to comply with
a requisition issued by the Nagar Panchayat or, as the case may be, by the Council under the provision of
section 146 shall be liable for every such offence, to a fine not exceeding two hundred rupees and a
further fine not exceeding fifty rupees for every day during which he shall continue to make such default
after service on him of such requisition.
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Scavenging and cleaning
148. Establishment for removal of sewage, offensive matter and rubbish.—The Nagar Panchayat
or, as the case may be, the Council shall provide for the removal—
(a) of sewage, rubbish and offensive matter from all public latrines, urinals and drains and from
all public roads and all other property vested in the municipality, and
(b) in any municipality wherein a latrine tax has been imposed under sub-section (1) of section 75
of sewage and offensive matter from all private latrines, privies, urinals, cesspools and compounds.
149. Sewerage scheme.—A municipality may also introduce a sewerage scheme for removal of
sewage by flushing with water through underground closed sewers. When a municipality introduces such
a scheme in its area the municipality may, where it is felt necessary, with the approval of the State
Government, levy additional latrine and water taxes to meet the cost and maintenance of such scheme.
150. Removal of sewage, offensive material, rubbish.—(1) The municipality may, from time to
time, by an order published in the prescribed manner, appoint the hour within which sewage and offensive
matter may be moved, the manner in which the same shall be moved, as also the hours within which only
every occupier of any house or land may place rubbish in a receptacle provided by the municipality on or
by the side of the public road.
(2) The municipality may provide places convenient for the deposit of sewage and offensive matter
and require the occupiers of houses to cause the same to be deposited daily or at other stated intervals in
such places, and may remove the same at the expense of the occupiers from any house if the occupier
thereof fails to do so.
151. Penalty for placing rubbish on public road.—Any person who places or allows to place
rubbish on a public road or in a receptacle provided by the municipality at a time other than the time
appointed by the municipality under sub-section (1) of section 150 shall, for every such offence, be
punishable with fine not exceeding five hundred rupees.
152. Penalty on occupier for not removing filth, etc.—Any occupier of a house on or near a public
road who keeps or allows to be kept, for more than twenty-four hours, or for more than such shorter time
as may be appointed by the municipality, otherwise than in some proper receptable, any house, ashes,
sewage or any noxious or offensive matter in or upon such house, or in any out-house, yard or ground
attached to and occupied with the house or suffers such receptacle to be in a filthy or noxious state, or
neglects to employ means to cleanse the same shall, be punishable with fine not exceeding five hundred
rupees.
153. Penalty for throwing offensive matter on public roads, etc.—Any person who, without the
permission of the municipality throws or puts, or permits his servants to throw or put any sewage or
offensive matter on any public road, or who throws or puts or permits his servants to throw or put, any
earth, rubbish, sewage or offensive matter into any drain communicating therewith shall be punishable
with fine not exceeding five hundred rupees.
154. Power of servants of the Nagar Panchayat or of the Council.—All servants of the Nagar
Panchayat, or as the case may be, of the Council employed for the purposes mentioned in section 163
may, within such hours as may be fixed by the Nagar Panchayat or the Council, enter any premises, of
which the occupier or owner is liable to pay latrine tax and do all things necessary for the performance of
their duties.
Water supply and drainage system
155. Supply of drinking water.—(1) Every Nagar Panchayat or as the case may be, the Council
shall provide or arrange for the provision of a sufficient supply of drinking water for the inhabitants of the
areas within its jurisdiction.
(2) Every Nagar Panchayat or as the case may be, the Council shall provide sufficient and regular
supply of drinking water fit for human consumption or for domestic purposes within the jurisdiction of
the Nagar Panchayat or of the Council.
156. Removal of latrines, etc., near any source of water supply.—The municipality may, by
notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other
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receptacle for filth or refuse exists as is likely to endanger the purity of water, a spring, well, tank,
reservoir 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.
157. Owner or occupier to take steps to prevent spread of infectious disease.—In the event of a
municipality, or any part thereof, being visited with an outbreak of cholera or other infectious disease
notified in this behalf, the owner or occupier may during the continuance of the epidemic, without notice
and at any time, inspect and disinfect any well, tank or other place from which water, is or is likely to be
taken for the purpose of drinking and may further take such step as he deems fit to prevent the removal of
water therefrom.
158. Unauthorised construction or tree over drain or water-works.—(1) Where any road or way
has been made or any building, wall or other structure has been erected or any tree has been planted over
a public drain culvert or a water-work vested in the municipality, without the permission in writing of the
municipality, the municipality may without prejudice to the generality of the other provision of this Act—
(a) by notice require the person who has made the road, erected the structure or planted the tree,
or the owner or occupier of the land on which, the road has been made, structure erected or tree
planted, to remove or deal in any other way as the municipality thinks fit with the road, structure or
tree; or
(b) itself remove or deal in any other way as it thinks fit with the road, structure or tree.
(2) Any expense incurred by a municipality for action taken under clause (b) of sub-section (1) shall
be recoverable from the person by whom the road or way made, structure erected or tree planted.
Burial and burning ground or disposal of corpses
159. Powers in respect of burial and burning places.—(1) The municipality may, from time to
time, out of the Municipal fund, provide suitable places to be used as burial or burning grounds either
within or without the limits of the municipality and may charge such fees on the persons using the places
as may be fixed by bye-laws which may be framed in that behalf.
(2) The municipality may, by public notice, order any burial or burning ground situated within
municipal limits or any municipal burial or burning ground outside such limits which is certified by the
Director of Medical, Health and Family Planning Service or a Public Health Officer of the State
Government or a Health Officer of the municipality to be dangerous to the health of persons living in the
neighbourhood, to be closed, from a date to be specified in the notice, and shall, in such case, if no
suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the
purpose.
(3) If any person, without the permission of the municipality bury or burn any corpse, or permit, to be
buried or burnt, any corpse at any place which is not any burial or burning ground made or formed
according to the provisions of this section, or after the date fixed thereunder for closing the same, he shall
be punishable with fine which may extend to five hundred rupees.
(4) Private burial places may be exempted from the order subject to such conditions as the
municipality may impose in this behalf:
Provided that the limits of such burial places are sufficiently defined and that they shall only be used
for the burial of members of the family of the owners thereof.
(5) No private burial or burning ground shall be made or formed within the municipality after the
commencement of this Act, without the permission in writing of the municipality.
160. Burial of paupers and unclaimed dead bodies.—The municipality may from time to time, out
of the Municipal fund, provide for the burial or burning of paupers and unclaimed dead bodies, free of
charge, within the limits of the municipality or otherwise arrange to dispose of as it thinks fit.
161. Powers to cause corpses to be burnt or buried according to the religious tenets of the
deceased.—After the expiration of not less than twenty-four hours from the death of any person, the
Nagar Panchayat or as the case may be, Council may cause the corpse of such person to be burnt or
buried, and the expenses thereby incurred shall be recoverable as a debt due from the estate of such
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person. In every such case, the corpse shall be disposed of, so far as may be possible in manner consistent
with the religious tenets of the deceased.