PROCEDURE
180. Service of notice.—(1) Every notice, bill, form, summons or notice of demand under this Act,
may—
(a) be served personally on or presented to the person to whom the same is addressed; or
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(b) if it cannot be so served, presented or delivered, be affixed on some conspicuous part of his
place of abode or of the land, building or other thing in respect of which the notice, bill, form,
summons or notice of demand is intended to be served; or
(c) be sent by post in registered cover.
(2) Every such notice, bill, form, summons or notice of' demand shall be signed by or bear a facsimile
signature of Chairperson, Vice-Chairperson or any other officer authorised by the Chairperson in that
behalf.
181. Reasonable time for act to be fixed.—When any notice under this Act requires any act to be
done for which no time is fixed by this Act, the Nagar Panchayat or Council shall fix a reasonable time
for doing the same.
182. Service of notice on owner or occupier of land.—When any notice is required to be given to
the owner or to the occupier of any land, or both, such notice addressed to the owner or occupier or both,
as the case may require, may be served on the occupier of such land, or otherwise in the manner
mentioned in section 180:
Provided that when the owner and his place of abode are known to the Nagar Panchayat or to the
Council or other authorities issuing the notice they shall, if such place of abode be within the limits of
their authority, cause such notice to be served on such owner, or left with some adult member or servant
of his family; and if the place of abode of the owner be not within such limits, they shall send every such
notice by post in a registered cover addressed to his place of abode and such service shall be deemed to be
good service of the notice:
Provided further that when the name of the owner or occupier or of both is not known it shall be
sufficient to designate him or them as “the owner” or “the occupier” of the land in respect of which the
notice is served.
183. Procedure when owners or occupiers are required by Nagar Panchayat or the Council to
execute works.—(1) Whenever it is provided in this Act, that the Nagar Panchayat or, the Council may
require the owner or the occupiers, of any land or both to execute any work or to do anything, such
requisition shall be made, as far as possible, by a notice to be served as provided in sections 180 and 182
on every owner or occupier who is required to execute such work or to do such thing; but if there be any
doubt as to the persons who are owners or occupiers, such requisition may be made by a notice to be
affixed or posted upon or near the spot at which the work is required to be executed or the thing done
requiring the owners or the occupiers, of any land or both, to execute such notice. It shall not be necessary
to name the owners or occupiers.
(2) Every such requisition shall give notice to the persons to whom it is addressed that, if they fail to
comply with the requisition or prefer an objection against such requisition as provided hereafter in section
184 the municipality may enter upon the land and cause the required work to be executed, or the required
thing to be done; and that in such case the expenses incurred thereby shall be recovered from the persons
who are required in such requisition to execute such work or do such thing.
184. Person required to execute any work may prefer objection to the municipality.—Any
person who is required by such requisition to execute any work or to do anything may instead of
executing the work or doing the thing required, prefer an objection in writing to the municipality against
such requisition within fifteen days of the service of the notice affixing or posting up of the notification
containing the requisition, or if the time within which he is required to comply with the requisition be less
than fifteen days, then within such less time.
185. Procedure if person objecting alleges that work will cost more than three thousand
rupees.—If the objector alleges that the cost of executing the work or of doing the thing required may
exceed three thousand rupees, such objection shall be heard and disposed of by the municipality at a
meeting, unless the Chairperson or Vice-Chairperson shall certify that such cost may not exceed three
thousand rupees, in which case the objection shall be heard and disposed of by the Chairperson and the
Vice-Chairperson:
Provided that in any case in which the Chairperson or the Vice-Chairperson shall have certified his
opinion and the objection shall in consequence thereof have been heard and disposed of by the
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Chairperson and the Vice-Chairperson, the person making the objection may, if the requisition made upon
him is not withdrawn on the hearing of his objection, pay in the said sum of three thousand rupees to the
municipality as the cost of executing the work or doing the thing required, whereupon such person shall
be relieved of all further liability and obligation, in respect of executing the work or doing the thing
required and in respect of paying the expenses thereof and the municipality itself shall execute such work
or do such thing, and shall exercise all powers necessary therefor.
186. Chairperson, Vice-Chairperson to make order after hearing objection.—The Chairperson or
the Vice-Chairperson, of the Nagar Panchayat or, the council as the case may be, shall after hearing the
objection and making any enquiry which they may deem necessary, record an order withdrawing,
modifying, or making absolute the requisition against which the objection is preferred and if such order
does not withdraw the requisition it shall specify the time within which the requisition shall be carried
out, which shall not be less than the shortest time which might have been mentioned in the original
requisition under this Act.
187. Power of municipality on failure of persons to execute works.—If the person or persons
required to execute the work or to do the thing fail, within the time specified in any requisition as
aforesaid, to begin to execute such work or to do such thing, and thereafter diligently to execute the same
to the satisfaction of the municipality until it is completed, the municipality or any person authorised by it
in that behalf, may, after giving forty-eight hours notice of its intention by a notification to be affixed or
posted upon or near the spot, enter upon the land and perform all necessary acts for the execution of the
work or doing of the thing required; and the expenses thereby incurred shall be paid by the owners or by
the occupiers, if such requisition was addressed to the owners or to the occupiers, as the case may be, and
by the owners and the occupiers, if such requisition was addressed to the owners and the occupiers.
188. Power to apportion expenses among owners and occupiers.—(1) Whenever any expenses
incurred by the municipality are to be paid by the owners of any land as provided in section 187 the
municipality may, if there be more than one owner, apportion the said expenses among such of the
owners as are known in such manner as the municipality may deem fit.
(2) Whenever any such expenses are to be paid by the occupiers of any land as provided in section
187 the municipality may, if there be more than one occupier, apportion the said expenses among such of
the occupiers, as are known in such manner as the municipality may deem fit.
189. Apportionment among owners and occupiers.—Whenever any expenses incurred by the
municipality are to be paid by the owners and occupiers of any land, as provided in section 187 the
municipality may apportion the said expenses among the said owners and occupiers or such of them as
are known in such manner as the municipality may deem fit.
190. Occupiers may recover cost of works executed at their expenses from owners.—Whenever
any works or alterations and improvements, of which the municipality is authorised by this Act to require
the execution, are executed by the occupier on the requisition of the municipality, or are executed by the
municipality and cost thereof is recovered from the occupier, the cost thereof may, if the municipality
certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and
following payment of his rent due or becoming due to such owner, or may be recovered by him in any
court of competent jurisdiction.
191. Power to enter upon, possession of houses so repaired.—If the municipality under the
provisions of this Act shall have caused any repairs to be made to any house or other structure and if such
house or other structure be unoccupied, the municipality may enter into possession of the same, and may
retain possession thereof until the sum expended by it on the repairs be paid to it.
192. Sale of materials of houses pulled down.—(1) The materials of anything which shall have been
pulled down or removed under the provisions of section 183 may be sold by the municipality, and the
proceeds of such sale shall be adjusted to the payment of the expenses incurred.
(2) The surplus sale-proceeds, if any, shall be credited to the Municipal fund, and may be paid on
demand to any person who establishes his right to the satisfaction of the municipality or in a court of
competent jurisdiction.
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193. Cognizance.—(1) Unless otherwise expressly provided in this Act a Court shall take cognizance
of any offence under this Act or under any rules or bye-laws made thereunder except on the complaint of
the municipality or some person authorised by the municipality by general or special order in this behalf.
(2) No Court inferior to that of a Magistrate of the first class shall try any of the offences specified in
sub-section (1).
194. Offences under the Act compoundable.—(1) The offences under this Act shall be
compoundable:
Provided that no offence, arising from the failure to comply with a written notice given by or on
behalf of, the Nagar Panchayat or the Council, as the case may be, shall be compoundable unless the
notice has been complied with.
(2) Sums paid by way of composition under this section shall be credited to the Municipal Fund.
195. Power and duties of police in respect of offences.—Every police officer shall give immediate
information to the municipality of an offence coming to his knowledge which has been committed against
this Act or against any rules or bye-laws made thereunder, and shall be bound to assist all members,
officers and employees of the municipality in the exercise of their lawful duty.
196. Appeals from order refusing licences.—Any person aggrieved by an order of a municipality
refusing, revoking or suspending licence or permission required under this Act may, notwithstanding
anything contained elsewhere in this Act, within thirty days from the date of refusal, revoking or
suspension, appeal to the State Government or an officer authorised by the Government in that behalf
whose decision shall be final and shall not be questioned in any Court.
197. Appeals from orders in other cases.—(1) Any person aggrieved,—
(a) by the refusal of the Nagar Panchayat or Council under section 126 to sanction the erection,
re-erection or material alteration of any building; or
(b) by a notice from the Nagar Panchayat or Council under section 112 requiring a road to be
drained, levelled, paved, flagged, metalled, or provided with proper means of lighting or under
section 129 requiring the alteration or demolition of a building; or
(c) by any order of the Nagar Panchayat or Council under the powers conferred upon it by section
132 or by any order made by the Nagar Panchayat or by the Council under bye-law framed under
clause (vii) of sub-section (1) of section 209,
may, within thirty days from the date of such refusal, notice, order, appeal to the Deputy Commissioner.
(2) No such refusal, notice or order shall be questioned otherwise than by such an appeal.
(3) The decision of the Deputy Commissioner shall be final.
198. Appeal not to be dismissed without giving reasonable opportunity.—No appeal under
section 196 or section 197 shall be dismissed or allowed partly or wholly, unless reasonable opportunity
of showing cause or being heard has been given to the parties.
199. Dispute as to compensation payable by municipality.—(1) When a dispute arises regarding
the amount of compensation which the municipality is required by this Act to pay, it shall be settled in
such manner as the parties may agree, in default of agreement, by the Deputy Commissioner upon
application made to him by the municipality or the person claiming compensation.
(2) If the municipality or the person claiming compensation is not satisfied with the decision of the
Deputy Commissioner, it or he shall have a right to require the Deputy Commissioner to make a reference
to the District Judge, in accordance with the provisions of section 18 of the Land Acquisition Act, 1894
(1 of 1894 ).
200. Indemnity.—No suit shall be maintainable against Nagar Panchayat or Council or any of its
committees, or any officer or employee, or any person acting under or in accordance with, the direction of
the Nagar Panchayat or of the Council or any of its committees or any municipal officer or servant, in
respect of anything in good faith done or intended to be done under this Act or under any rule or bye-law
made thereunder.
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201. Bar of suits in absence of notice.—(1) No suit or other legal proceeding, not being a criminal
proceeding, shall be instituted against any Nagar Panchayat or Council, or any of its officers in respect of
any act purporting to be done by such officer in his official capacity, or any person acting under its
direction, until the expiry of two months next after notice in writing has been delivered to or left at the
office of—
(a) in the case of a suit against the Nagar Panchayat or Council, the Executive Officer;
(b) in the case of an officer, the officer against whom the suit or proceeding is instituted and, in
the case of any person acting under its direction, delivered to him at his place of residence or business
stating the cause of action, the name, description and place of residence of the plaintiff or the
petitioner and the relief which he claims; and the plaint or the petition shall contain a statement that
such notice has been so delivered or left.
Explanation.—In this section “Officer” includes the Chairperson and the Vice-Chairperson.
(2) Every such action shall be commenced within three months next after the arising of the cause of
action, and not afterwards.