Sec 237 to 295 Chapter VIII (Other Powers And Penalties Markets, slaughter-houses, sale of food, etc.)

1[237 and 238]. [***]

239. Powers of District Magistrate in respect of animals not slaughtered for sale. -

Whenever it appears to 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 [municipal area] 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.

240. Disposal of flesh imported in contravention of a bye-law regulating importation. -

Should the flesh of any cattle, sheep, goat or swine be brought within [the limits of municipal area] in contravention of a bye-law made under sub-head (e) of Heading F of Section 298, it may be seized by an officer of [Municipality] authorized in that behalf, and may be destroyed or otherwise disposed of as the [Municipality] may, by general or special order, direct.

241. Licensing of markets and shops for sale of certain articles. -

(1) The right of any person to use any place, within the limits of a [municipal area], other than a municipal market, as a market or shop for the sale of animals, meat or fish intended for human food, or as a market for the sale of fruit or vegetables, shall be subject to bye-laws (if any) made under Heading F of Section 298.

(2) Provided that, where any bye-law is in force requiring a licence for the establishment or maintenance of a market or shop for the sale of any article mentioned in sub-section (1), the [Municipality] shall not, -

(a) refuse a licence for the maintenance of a market or shop lawfully established at the date of such bye-law coming into force, if application be made within six months from such date, except on the ground that the place where the market or shop is established fails to comply with any conditions prescribed by or under this Act; or

(b) cancel, suspend or refuse to review any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with any provision of, or made under this Act.

242. Improper feeding of animals kept for dairy purposes or used for food. -

Whoever feeds, or allows to be fed an animal which is kept for dairy purposes, or may be used or food, on filthy or deleterious substances, shall be liable on conviction to a fine which may extend to fifty rupees.

243. Inspection of places for sale of food, drink and drugs. -

The [President], the executive officer, [the medical officer of health] and, if authorised in this behalf by resolution, any other member, officer or servant of the [Municipality] may, without notice at any period of the day or night, enter into and inspect a market, shop, shall or place used for the sale of food or drink for man or as a slaughter-house; or for the sale or drugs, and inspect and examine any article of food or drink, or any animal or drug which may be therein.

244. Seizure of unwholesome articles and removal of deleterious and unspent drugs. -

(1) If in the course of the inspection of a place under the preceding section, an article of food or drink or animal appears to be intended for the consumption of man and to be unfit therefor, the [Municipality] may seize and remove the same, or may cause it to be destroyed, or to be so disposed of as to prevent its being exposed for sale or use for such consumption.

(2) If it is reasonably suspected that a drug has been improperly adulterated, or by reason of age or the effect of climate has become inert or unwholesome, or has otherwise become deteriorated in such a manner as to lessen its efficacy, or to change its operation, or to render it noxious, the [Municipality] may remove the same, giving a receipt therefor, and may produce it before a Magistrate.

(3) If it appears to a Magistrate before whom a drug has been produced under sub-section (2) that the drug has been improperly adulterated or has become inert, unwholesome or deteriorated as aforesaid, he may order the same to be destroyed, or to be so disposed of as to him may deem fit, and if any offence appears to have been committed, he may proceed to take cognizance thereof.

Nuisances for certain trades and professions.

245. Regulation of offensive trades. -

(1) If it is shown to the satisfaction of a [Municipality] that any building or place within the limits of the [municipal area] 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 [Municipality] may at its 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 alter such structural alterations as the [Municipality] 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 (1) 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 or allows to be used the place of building after the date of the first conviction.

(3) The State Government may, by notification, make the provisions of this section, or of any bye-law made under Heading G of Section 298, applicable to any area beyond the [municipal area] lying within a distance of a mile from the [boundary of the municipal area].

246. Loitering and soliciting for immoral purpose. -

Whoever, in a street or public place within the limits of the [municipal area] 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 persons importuned, or on the complaint of a municipal officer not below the rank of a sub-inspector respectively authorized in this behalf in writing by the [Municipality] and the District Magistrate.

247. Brothels, etc. -

(1) When a Magistrate of the first class receives information, -

(a) that a house in the vicinity of the place of worship or an educational institution or a boarding house, or hostel or mess used or occupied by student 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 house in the immediate neighbourhood of a cantonment is used as a brothel or of 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), (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 [Municipality].

(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 twenty-five rupees for every day after the expiration of that period during which the house is so used.

248. Begging, etc. - [* * *]

Whoever, in a street or public place within the [municipal area], begs importunately for alms, or exposes or exhibits, with the object 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. [* * *]

Public safety

249. Disposal of mad dog, etc. -

The [Municipality] may authorize any person to destroy or to cause to be destroyed, or to confine or to cause to be confined, for such period as the [Municipality] may direct, any dog or other animal suffering, or reasonably suspected to be suffering, from rabies, or bitten by a dog or other animal suffering or suspected as aforesaid.

250. Muzzling order. -

(1) Where in any [municipal area] the prevalence of rabies in the opinion of the [Municipality] renders it necessary, the [Municipality] may by public notice require the muzzling, for such period as it thinks fit or until such notice is cancelled, of all dogs within the [municipal area], or within any part of the [municipal area].

(2) During such period of time the [Municipality] may exercise the power conferred by Section 249 in respect of any dog which is found at large without a muzzle after a date to be specified in the notice.

251. Bar to compensation for dogs lawfully destroyed. -

No damages shall be payable in respect of a dog or other animals destroyed or otherwise disposed of under the provisions of Section 249 or 250 or of any bye-law made under sub-head (h) or (l) of Heading H of Section 298. 252. Neglect of the rule of the road. - Whoever, in driving, leading or propelling a vehicle along a street, fails, except in the case of actual necessity, -

(a) to keep to the left; and

(b) when he is passing a vehicle going in the same direction, to keep to the right of that vehicle, shall be liable on conviction to a fine which may extend to ten rupees.

Exception. -

This section shall not apply in the case of a [municipal area] wholly or in part situated in a hilly tract.

253. Driving vehicles without proper lights. -

Whoever drives, leads or propels a vehicle between nightfall and dawn in a street, unless the vehicle is properly supplied with lights, shall be liable on conviction to a fine which may extend to twenty rupees :

Provided that a [Municipality] may by a special resolution confirmed by the [Prescribed Authority] direct that this section shall not apply in the case of vehicles proceeding at not more than walking pace.

254. Failure to remove elephant, etc. to safe distance. -

Whoever, being in charge of an elephant, camel or bear, omits, on being requested to do so, to remove so far as may be practicable his elephant, camel or bear to a safe distance on the approach of a horse, whether ridden, driven or led, shall be liable on conviction to a fine which may extend to twenty rupees.

255. Prohibition of tethering of cattle, etc. on street. -

(1) The owner or keeper of any cattle or other animals, found tethered, or straying about without a keeper in a street or public place shall be liable on conviction to a fine which may extend to [two hundred and fifty] rupees.

(2) An animal found tethered as aforesaid may be removed by a municipal officer or servant or by a police officer to a pound as if the animal had been found straying.

256. Halting vehicles or animals on public grounds. -

Where any land vested in the [Municipality] [or any public place] is, without the permission in writing of the [Municipality], used as a halting place for any vehicle or animal or as a place of encampment, the owner or a keeper of the vehicle or animal or the person encamping, as the case may be, shall be liable on conviction to a fine which may extend to [one hundred] rupees and in the case of a continuing breach, to a further fine which may ox tend to [ten] rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the commission of the offence.

257. Power as to inflammable structures. -

(1) The [Municipality] may, by public notice, direct that within certain limits to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats leaves, or other highly inflammable materials without the consent of the [Municipality] in writing.

(2) The [Municipality] may at any time by written notice require the owner of a building, which has an external roof or wall made of any such material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the notice, notwithstanding that a public notice under sub-section (1) has not been issued or that such roof or wall was made with the consent of the [Municipality] or before the issue of such public notice, if any :

Provided that in the case of any such roof or wall in existence before the issue of such public notice or made with the consent of the [Municipality], the [Municipality] shall make compensation for any damage caused by the removal which shall not exceed the original cost of constructing the roof or wall.

(3) Whoever, without such consent as is required by sub-section (1), makes or renews, or causes to be made or renewed or in disobedience to a notice given under sub-section (2) suffers to remain, a roof or wall or such material as aforesaid, shall be liable on conviction to a fine which may extend to twenty-five rupees and to a further fine which may extend to ten rupees for every day on which the offence is continued, after the date of the first conviction.

258. Power to search for inflammable materials in excess of authorized quantity. -

(1) The [Municipality] may, without notice and at any period of the day or night, enter into and inspect a house or building which is suspected to contain petroleum, or other inflammable material, in excess of the quantity permitted to be kept in such house or building under the provision of Section 245 or of any bye-law.

(2) Should any such excess quantity of such material be discovered, it may be seized and held subject to such order as a Magistrate may pass with respect to it.

(3) If the Magistrate decides that the material seized was stored in the house or building contrary to any direction made under Section 245 or the provision of any bye-law, he may pass an order confiscating the same.

(4) Subject to any provision of, or made under, this or any other enactment, the material so confiscated may be sold by order of the Magistrate, and the proceeds, after defraying the expenses of such sale, shall be credited to the municipal fund.

(5) No order of confiscation under this section shall operate to prevent any other criminal or civil proceedings to which the person storing the material in excessive quantity may be liable.

259. Stacking, etc. of inflammable materials. -

The [Municipality] may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons horn 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.

260. Dangerous quarrying. -

(1) If, in the opinion of the [Municipality], the working of a quarry, or the removal of stone, earth or other material from the soil in any place is dangerous to persons residing in, or entitled to visit, the neighbourhood thereof, or creates, or is likely to create, a public nuisance, the [Municipality] may, by written notice, prohibit the owner of the said quarry or place, or the person responsible for such working or removal, from continuing or permitting the working of such quarry, or the removal of such materials, or may require him to take such order with such quarry or place as the [Municipality] shall direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.

(2) If, in any case referred to in sub-section (1) it appears to the [Municipality] to be necessary in order to prevent imminent danger, it may cause a proper hoarding or fence to be put up for the protection of passengers near a quarry or place, and any expense incurred by the [Municipality] in taking such action shall be paid by the owner or other person as aforesaid, and shall be recoverable in the manner provided by Chapter VI.

261. Displacing pavements, etc. -

(1) Whoever displaces, takes up or makes an alteration in, or otherwise interferes with, the pavement, gutter, flags, or other materials of a public street or the fences, walls or posts thereof, or a municipal lamp, lamp post bracket, direction post, stand post, hydrant or other such municipal property therein, without the written consent of the [Municipality], or other lawful authority, and whoever extinguishes a municipal light shall be liable on conviction to a fine which may extend to one [thousand] rupees.

(2) Any expense incurred by the [Municipality] by reason of the doing of any such thing as is mentioned in sub-section (1) may be recovered from the offender in the manner provided by Chapter VI.

262. Discharging firearms, etc. -

Whoever discharges firearms or lets off fireworks or fire balloons, or engages 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 neighbourhood, or risk of injury to property, shall be liable on conviction to a fine which may extend to twenty rupees.

263. Power for the prevention of danger from ruinous buildings, unprotected wells, etc. -

(1) A [Municipality] may require by notice the owner or occupier of any land or building, -

(a) to demolish or to repair in such manner as it deems necessary any building wall, bank or other structure, or anything, affixed thereto, or to remove any tree, belonging to such owner or in the possession of such occupier which appears to the [Municipality] to be in a ruinous condition or dangerous to persons or property; or

(b) to repair, protect or enclose, in such manner as it deems necessary, any well, tank reservoir, pool or excavation belonging to such owner or in the possession of such occupier, which appears to the [Municipality] to be dangerous by reason of its situation, want of repair or other such circumstances.

(2) Where it appears to the [Municipality] that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the [Municipality] itself to take such immediate action, and in such case, notwithstanding the provisions of Section 287, it shall not be necessary for the [Municipality] to give notice, if it appears to the [Municipality] that the object of taking such immediate action would be defeated by the delay incurred in giving notice.

264. Power to prevent unoccupied buildings or land becoming a nuisance. -

The [Municipality] may, by notice, require the owner of a building or land which, by reason of abandonment or disputed ownership or other cause, is unoccupied and has become a resort of idle and disorderly persons or otherwise occasions, or is likely to occasion, a public nuisance, to secure and enclose the same within a reasonable time fixed in the notice.

265. Obstruction of street. -

(1) Whoever without the written permission of the [Municipality], -

(a) causes or allows any vehicle, with or without an animal harnessed thereto, remain or stand so as to cause obstruction in any street longer than may be necessary for loading or unloading or for taking up or setting down passengers; or

(b) leaves or fastens any vehicle or animal so as to cause obstruction in any street; or

(c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any street; or

(d) deposits or suffers to be deposited, any building materials, box, bale, package, or merchandise in any street; and

(e) erects or sets up any fence, rail, post, stall or any scaffolding or any other such fixture in any street; or

(f) in any manner willfully obstructs or causes obstruction of the free passage of any street; shall be liable upon conviction to a fine which may extend to [five hundred rupees and in the case of a continuing breach to a further fine which may extend to ten rupees for every days after the day of first conviction during which the offender is proved to have persisted in the commission of the offence].

(2) The [Municipality] shall have power to remove any obstruction referred to in sub-section (1), and the expense of such removal shall be recoverable from the offender in the manner provided by Chapter VI.

(3) The power exercisable by a [Municipality] under sub-section (2) to remove obstructions from streets shall also be exercisable for the removal by the [Municipality] of obstructions from any open space, whether vested in the [Municipality] or not, which is not private property.

(4) Nothing contained in this section shall apply to any obstruction of a street permitted by the [Municipality] under any section of this Act or any rule or bye-law made or licence granted thereunder.

266. Digging up of public land. -

Whoever, without the written permission of the [Municipality] digs up or removes earth, sand or other material from any open space, whether vested in the [Municipality] or not, which is not private property, shall be liable upon conviction to a fine not exceeding [five hundred] rupees, and, if the offence is a continuing offence, to a further fine not exceeding ten rupees for every day during which the offence continues after the date of the first conviction for such offence.

Sanitation and prevention of disease

267. Private drains, cesspools, dust bins, latrines, etc. -

(1) A [Municipality] may require by notice the owner or occupier of any land or building, -

(a) to close, remove, alter repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool, dust-bin or other receptacle for filth, sullage-water, rubbish or refuse pertaining to such land or building, or to remove or alter any door or trap-door of any such latrine, urinal or water-closet which opens on to a street or drain; or 

(b) to provide such latrines, urinals, water-closets, drains, cesspools, dust-bins or other receptacles for filth, sullage-water, rubbish or refuse as should in its opinion be provided for the building or land whether in addition or not to any existing ones; or

(c) to cause any latrine, urinal or water-closet provided for the building or land to be shut off by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood.

(2) When requiring under sub-section (1) anything to be provided, altered or done, the [Municipality] may specify in the notice the description of the thing to be provided, the pattern so as to conform with which the thing is to be altered, and the manner in which the thing is to be done.

268. Latrines for factories, schools and places of public resort. -

The [Municipality] 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 Indian Factories Act, 1911.]

269. Power to require removal of nuisance arising from tanks, etc. -

(1) The [Municipality] may, by notice, require the owner or occupier of any land or building cleanse, repair, cover, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the [Municipality] to be injurious to health or offensive to the neighbourhood.

(2) Provided that the owner or occupier may require the [Municipality] to acquire at its expense, or otherwise, provide, any land or right in land necessary for the purpose of effecting drainage ordered under sub-section (1).

270. Inspection of drains, privies, etc -

(1) Subject to the provisions of Section 278, the [Municipality] may inspect a drain, water-closet, latrine, urinal, cesspool or other receptacle for filth, and for that purpose may cause the ground to be opened where it thinks fit.

(2) The expense of such inspection and of causing the ground to be closed and made good as before shall be borne by the [Municipality], unless the drain, privy, water-closet, latrine, urinal, cesspool or other receptacle for filth is found to be in bad order or condition, or was constructed in contravention of the any provisions of, or made under, this or any other enactment, in which case such expenses shall be paid by the owner or occupier and shall be recoverable in the manner, provided by Chapter VI.

271. Cleansing of filthy buildings or land. -

Should any building or land be in a filthy or unwholesome state, the [Municipality] may, by notice, require the owner or occupier thereof to cleanse, or otherwise, put in a proper state, the building or land, and thereafter to keep the same in a clean and proper state.

272. Failure to remove offensive matter. -

Whenever on any building or land, -

(a) any dirt, dung, bones, ashes, night-soil or filth or any noxious or offensive matter is kept for more than twenty-four hours, or otherwise than in some proper receptacle; or

(b) any receptacle for such things is suffered to be in a filthy or noxious state or is not subjected to any proper method of cleaning or purifying; the owner or occupier of the building of land shall be liable on conviction, to a fine which may extend to fifty rupees, and, in the case of a continuing breach, to a further fine which may extend to five rupees for every day after the date of the first conviction during which the offender has been proved to have persisted in the commission of the offence.

273. Regulation of the disposal of rubbish, night-soil, etc. -

(1) The [Municipality] may, -

(a) provide receptacles and places for the temporary deposit of offensive matter and rubbish;

(b) appoint places for the disposal of night-soil, carecasses and other offensive matters and rubbish; and

(c) by public notice issue directions as to the time, manner and conditions at, in and subject to which any offensive matter or rubbish referred to in clauses (a) and (b) may be removed along a street, deposited or otherwise disposed of.

(2) It shall be sufficient notice of the appointment of a place under clause (b) of sub-section (1) that a notice board indicating such appointment is displayed on or near the place appointed.

(3) Before appointing a place outside [the limits of the municipal area] under clause (b) of sub section (1), the [Municipality] shall obtain the previous sanction of the District Magistrate.

274. Penalty for improper disposal of rubbish, night-soil, etc. -

The occupier of any building or land from which any offensive matter, rubbish, night soil or carcass is thrown or deposited on any part of a public place or street, or into any public sewer or drain, or into any drain communicating with a public sewer or drain, otherwise than in a place appointed under clause (b) or in a receptacle provided under clause (a) of sub-section (1) of Section 273, and any person contravening any direction of a [Municipality] issued under clause (c) of the said sub-section shall be liable, upon conviction, to a fine not exceeding [two hundred and fifty] rupees.

275. Disposal of dead bodies of animals. -

(1) Whenever an animal in the charge of a person dies, otherwise than by being slaughtered either for sale or consumption or for some religious purposes, the person-in-charge thereof shall, within twenty-four hours, either, -

(a) convey the carcass to a place (if any) fixed by the [Municipality] under Section 273 for the disposal of the dead bodies of animals or to a place beyond [the limits of the municipal area] not being within one mile of those limits; or

(b) give notice of the death to the [Municipality], whereupon the [Municipality] shall cause the carcass to be disposed of.

(2) Every person bound to act in accordance with sub-section (1) shall, if he fails so to act, be liable upon conviction to a fine which may extend to ten rupees.

(3) For the disposal of the dead body of an animal under clause (b) of sub-section (1), the [Municipality] may charge such fee as the [Municipality] has prescribed, and may recover the same, if not paid in advance, from the owner or keeper of the animal in the manner provided by Chapter VI.

276. Penalty for discharging sewage on public street, etc. -

Whenever the water of a sink, sewer or cesspool or any other offensive matter is allowed to flow, drain or be put upon a public street or place, or into a sewer to drain not set apart for the purpose without the permission in writing of the [Municipality] or in contravention of any condition prescribed in such permission, the owner or occupier of the land or building from which such water or offensive matter so flows, drains or is put shall be liable, upon conviction, to a fine which may extend to [two hundred and fifty] rupees.

277. Power to enter and disinfect buildings. -

Subject to the provisions of Section 287, the [Municipality] may enter and inspect a building, and may be notice direct all or any part thereof to be internally or externally lime washed, disinfect or otherwise cleansed for sanitary reasons :

[Provided that nothing in this section shall apply to a factory regulated by the Indian Factories Act, 1911].

278. Building unfit for human habitation. -

(1) Should a building, or a room in an building, be, in the opinion of the [Municipality], unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the [Municipality] 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 either absolutely or unless within a time to be specified in the notice, he effects such alteration therein as is prescribed in the notice.

(2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, it shall be lawful for the [Municipality] to require by further notice the demolition of the building or room.

279. Penalty for failure to give information of cholera, small-pox, etc. -

Whoever, -

(a) being a medical practitioner and in the course of such practice becoming cognizant of the existence of cholera, plague, smallpox or other infectious disease that may be notified in this behalf by the [State Government] in any dwelling other than a public hospital in the [municipal area], 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 infectious 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 infectious disease in such dwelling, and being cognizant of the existence of the disease therein, fails to give [within twenty-four hours of becoming so-cognizant] or gives false information to such officer as the [Municipality] may appoint in this behalf respecting the existence of such disease, shall be liable upon conviction to a fine which may extend to fifty rupees :

Provided that a person not required to give information in the first instance, but only in default of some other person, shall not be punishable if it is shown that he had reasonable cause to suppose that the information had been, or would be, duly given.

[279A. Power to examine persons suspected to be suffering from infectious diseases. -

When there is any reason to believe that a case of infectious disease notifiable under Section 279 has occurred in a building the Medical Officer of Health or other competent person deputed by him shall, subject to the provisions of Section 287, enter the said building and make an examination of the person or persons suspected to be suffering from the disease and may also obtain material for pathological examination, if necessary : Provided that all females above the age of eight years shall be inspected by persons of their own sex only.]

280. Removal to hospital of patients. -

When a person suffering or certified by a duly qualified medical practitioner to be suffering from cholera, plague, small-pox or any other infectious disease that may be notified in this behalf by the [State Government] is, -

(a) without proper lodging or accommodation, or

(b) living in a sarai or other public hostel, 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 his continuing to lodge therein, the [Municipality] may, on the advice of a medical officer of a rank not inferior to that of an assistant surgeon, remove the patient to a hospital or place at which person suffering from such disease are received for medical treatment, and may do anything necessary for such removal.

281. Penalty for acts done by persons suffering from certain disorders. -

Whoever, while suffering from an infectious, contagious, or loathsome disorder, -

(a) makes or offers for sale an article of food or drink, for human consumption or a medicine or drug, or

(b) wilfully touches any such article, medicine or drug when exposed for sale by others, or

(c) takes any part in the business of washing or carrying soiled clothes, shall be liable upon conviction to a fine which may extend to [fifty] rupees.

282. Prohibition of cultivation, use of manure or irrigation injurious to health. -

(1) If [the Director of Medical and Health Services] or the Civil Surgeon or Health Officer 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 [municipal area] is injurious or facilitates practices are injurious to the health of persons dwelling in the neighbourhood, or

(b) in a place within or beyond the limits of [municipal area] is likely to contaminate the water supply of such [municipal area] or otherwise render it unfit for drinking purposes, the [Municipality] may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method or irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent injury or contamination.

(2) 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 municipal fund to all persons interested therein for damage caused to them by such prohibition.

283. Power to require owners to clear away noxious vegetation. -

The [Municipality] may, by notice require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighbourhood.

284. Power to require excavations to be filled up or drained. -

(1) In a [municipal area] for which bye-laws have been made under sub-head (g) of Heading 1 of Section 298, the [Municipality] may, by notice require the owner or occupier of any land upon which an excavation, cesspool, tank or pit has been made in contravention of such bye-laws, or in breach of the conditions under which permission to dig any such excavation, cesspool, tank or pit has been granted to fill up or drain the excavation, cesspool, tank or pit within a period to be specified in such notice.

(2) The [State Government] may by notification extend the provision of this section and bye laws made for the purposes of this section to an area beyond the [municipal area] lying within a distance of a mile from the [boundary of the municipal area].

285. Power in respect of burial and burning ground. -

(1) The [Municipality] may, by public notice, order a burial or burning ground which is certified by the Civil Surgeon or the Health Officer to be dangerous, or likely to be dangerous, to the health of person 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 place exist within a reasonable distance, provide a fitting place for the purpose.

(2) Private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the [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 or members of the family of the owners thereof.

(3) No burial or burning ground, whether public or private, shall be made of formed without the permission in writing of the [Municipality].

(4) No person shall, except with the permission of the [Municipality] in writing, bury or burn, or cause to be buried or burnt, a corpse in a place other than a recognised burial or burning ground.

(5) Should a person bury or burn, or cause or permit to be buried or burnt, a corpse, contrary to the provisions of this section, he shall be liable upon conviction to a fine which may extend to [five hundred] rupees.

286. Bathing and washing places. -

The [Municipality] may set apart suitable places for the purpose of bathing, and may specify the times at which, and the sex of the persons by whom such places may be used and may also set apart suitable places for washing animals or clothes or other things; and may by public notice prohibit bathing or the washing of animals or clothes or other things in a public place not so set apart, or at times or by persons other than those specified, and may in like manner prohibit an [* * *] act by which water in public places or rivers may be rendered foul or unfit for use or which causes or is likely to cause in convenience or annoyance to persons lawfully using such places. Inspection, entry, search, etc.

287. Ordinary inspection. -

(1) The President, the executive officer and, if authorised in this behalf by resolution, any other member, officer or servant of the [Municipality], may enter into or upon a building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a [Municipality] is authorised by this Act, or by rules or bye-laws, to make a execute, or which it is necessary for a [Municipality], for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws, to make or execute :

(2) Provided that, -

(a) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no entry shall be made between sunset and sunrise; and

(b) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered, except with the consent of the occupier thereof, without going the said occupier not less than four hours previous written notice of the intention to make such entry; and

(c) sufficient notice shall in every instance by given even when any premises may otherwise be entered without notice, to enable the inmates of an apartment appropriated for females to remove to some part of the premises where their privacy need not be disturbed; and

(d) due regard shall always be had to the social and religious usages of the occupants of the premises entered.

288. Preventive inspection. -

Where there is reason to believe that, in any building or on any land, a work has been executed in connection with any municipal water-works, drainage works or other municipal undertaking in contravention of the provisions of this Act or of rules or bye laws, the [President] or, if so directed by the [President] the executive officer [or the medical officer of health] may at any time and without notice inspect such building or land.

289. Powers for effecting entry. -

It shall be lawful for a person authorised under the provisions of Section 287 or 288 to make an entry for the purpose of inspection or of search, to open to 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, gate or barrier.

290. Power of [Municipality] to require certain works to be executed by its own agency. -

(1) The [Municipality] may by bye-law require any water-works, or work of the nature to which Sections 192, 267 and 268 refer, to be executed by municipal or other agency under its own orders.

(2) The expenses of any work so executed shall be paid by the person by whom the work would otherwise have been executed unless the [Municipality] shall, by a general or special order or resolution, sanction, as it is hereby empowered to sanction, the execution of such work at the charge of the municipal fund.

(3) Any pipe, fittings, receptacles or other, appliances for or connected with any water-works or with the drainage or private buildings or lands shall, if supplied, constructed or erected at the expense of the [Municipality], to be municipal property unless the [Municipality] shall have transferred its interest therein to the owner of such buildings or land.

Rent and charges

291. Recovery of rent on land. -

(1) Where any sum is due on account of rent from a person to a [Municipality] in respect of land vested in, or entrusted to the management of the [Municipality], the [Municipality] may apply to the Collector to recover any arrear of such rent as if it were an arrear of land revenue.

(2) The Collector on being satisfied that the sum is due shall proceed to recover it as an arrear of land revenue.

292. Recovery of rent of other immovable property. -

Any arrears due on account of rent from a person to the [Municipality] in respect of immovable property other than land vested in or entrusted to the management of the [Municipality], shall be recovered in the manner prescribed by Chapter VI.

293. Fees for use, otherwise than under a lease of municipal property. -

(1) The [Municipality] may charge fees to be fixed by bye-law or by public auction or by agreement, for the use or occupation (otherwise than under a lease) of any immovable property vested in, or entrusted to the management of the [Municipality] including any public street or place of which it allows the use or occupation whether by allowing a projection thereon or otherwise.

(2) Such fees may either be levied along with the fee charged under Section 294 for the sanction, licence or permission or may be recovered in the manner provided by Chapter VI.

[293A. Power to impose fees. - A]

[Municipality] may with the previous sanction of the State Government impose and levy fee for use of any place to which the public is allowed access and at which the [Municipality] may provide sanitary and other facilities to the public.

1[“293B. Power to levy user charges. -

The municipality or any officer or agency or organisation authorised by it in this behalf may levy user charges, at such rates as may be prescribed from time to time by rules, for the -

(i) provision of water supply, drainage and sewerage;

(ii) solid waste management;

(iii) parking of different types of vehicles in different areas and for different periods;

(iv) using of public pathways, footpaths and public land;

(v) stacking of materials or rubbish on public street for construction, alteration, repair or demolition work of any type.

(vi) management of urban infrastructure and civic amenities;

(vii) construction, operation, maintenance and management of sewage treatment plants;

(viii) construction and maintenance of roads, bridges, flyovers and subways;

(ix) construction, maintenance and management of slaughter houses, carcass utilisation plants, meat and fish markets, etc;

(x) any other specific service rendered or infrastructure created or facility or amenity provided.”]

1 Ins by sec 5 of U.P.Act no 29 of 2009

294. Licence fees, etc. -

The [Municipality] may charge a fee to be fixed by bye-law for any licence, sanctioned or permission which it is entitled to required to grant by or under this Act. Obstruction to persons employed by [Municipality].

295. Penalty for obstructing persons employed by [Municipality]. -

Whoever obstructs or molests a person employed by, or under contract with the [Municipality] under this Act in the performance of his duty or in the fulfilment of his contract, or removes a mark set up for the purpose of indicating any levels or direction necessary to the execution of works authorised by this Act, shall be liable on conviction to a fine which may extend to [one thousand rupees or to imprisonment for a period which may extend to six months or to both],