HPMC Act 202अध्याय XI · Bye-Laws

धारा 202 · General bye-laws

- A municipality may, [****] [The words 'and shall if so required by the State Government' omitted vide Act no. 33 of 2011.] by bye-laws -

(a)

render licences necessary for the proprietors or drivers of vehicles, other than motor vehicles or animals kept or plying for hire within the limits of the municipal area, and fix the fees payable for such licences and conditions on which they are to be granted and may be revoked and may by such conditions provide among other things for a minimum breadth for wheel tyres, and for a minimum diameter of the wheel;

(b)

limit the rates which may be demanded for the hire of any carriage, cart, or other conveyance, or of animals hired to carry loads or persons, or for the services of persons hired to carry loads or to impel or carry such conveyances, and limit the loads which may be carried by any animal, or carriage, cart, or other conveyance, plying for hire, within the limits of the municipal area;

(c)

provide, save as provided under the Registration of Birth and Deaths Act, 1969 for the proper registration of births and deaths and for recording vital statistics ;

(d)

fix, and from time to time vary, the number of persons who may occupy a building or part of a building, which is let in lodgings or occupied by members of more than one family or which is situated within such congested bazaar areas as may be specified in the bye-laws ; and provide -

(i)for the registration and inspection of such buildings ;

(ii)for the licensing of hotels and lodging-houses and for the fees payable for such licenses and the condition on which they may be granted or revoked ;

(iii)for promoting cleanliness and ventilation in such buildings;

(iv)for the notices to be given and the precautions to be taken in the case of any infectious or contagious disease breaking out in such buildings ;

(v)for the scavenging, removal and disposal of all rubbish, filth, night-soil, sullage or sewage in such buildings ;

(vi)in the case of hotel, sarai and lodging house-keepers and the secretaries of residential clubs for the maintenance of registers in such forms as the municipality may prescribe, of visitors and lodgers ; and

(vii)generally for the proper regulation of such buildings ;

(e)

provide -

(i)for the inspection and proper regulation of encamping grounds, pounds, sarais, bakeries, aerated-water factories, ice factories, dhobi ghats, flour mills, foodgrain godowns, dispensing chemists, shops, slaughter-houses, and places licensed under section 125 ;

(ii)for the inspection and proper regulation of markets and stalls, for the preparation and exhibition of a list of current price and fixing the fees, rents and other charges, to be levied in such markets and stalls ;

(iii)for the holding of fairs and industrial exhibitions within the municipal area, or under the control of the municipality, and for the collection of fees under section 201 ;

(iv)for controlling and regulating the use and management of burial and burning grounds ;

(v)for the supervision, regulation and protection of public wells, tanks, springs or other sources from which water is or may be made available for the use of the public, whether within or outside the municipal area ;

(vi)for the licensing, inspection and proper regulation of theatres and other places of public resort, recreation or amusement ;

(vii)for the inspection and proper regulation of channels which are supplied with water from any canal to which either the Northern Indian Canals and Drainage Act, 1873 (8 of 1873), or the Himachal Pradesh Minor Canals Act, 1976 (

42 of 1976

), applies ;

(f)

require and regulate the appointment by owners of buildings or land in the municipal area, who are not resident in the municipal area, or persons residing within or near the municipal area to act as their agents for all or any of the purposes of this Act or the rules ;

(g)

render licences necessary for using premises as stables, cow-houses or houses of enclosures for sheep, goats, or swine, and regulate the grant and withdrawal of such licences ;

(h)

in any municipal area where a reasonable number of slaughter houses have been provided or licenced by the municipality, control, regulate or prohibit the admission within the municipal limits for the purpose of sale of the flesh other than cured or preserved meat, of any cattle, sheep, goat or swine slaughtered at any slaughter-house or place not maintained or licensed under this Act, and may provide for the seizure, destruction or disposal otherwise of any flesh brought within the municipal limits in contravention of any such bye-law.

(i)

fix premises, within the Municipal area in which the slaughter of animals of any particular kind not for sale, shall be permitted, and prohibit, except in case of necessity, such slaughter elsewhere within the Municipal area :

Provided that no such bye-laws shall apply to animals slaughtered for any religious purpose;

(j)

prohibit the letting off of fire-arms, fire works, fire-balloons, bombs or detonators except (1) with the permission of the municipality or of a municipal officer empowered to give such permission, (2) subject to such conditions as the municipality may impose, and (3) on payment of such fees, if any, as may at any time have been fixed by the municipality in that behalf;

(k)

regulate the conditions on which the consent of municipality to establish new factories or workshops be given under section 126 ;

(l)

provide for the issue of directions for abatement of nuisance caused by the steam, water, electrical, mechanical or other power ;

(m)

regulate the making and use of connections or communications between private houses and premises and mains or service cables, wires, pipes, drains, sewers and other channels established or maintained by the municipality under any of the provisions of this Act ;

(n)

regulate the collection, storage, preservation from pollution and use of rain water, and the carrying out of the provisions of sections 100 to 106 ;

(o)

regulate the posting of bills and advertisement, and the position, size, shape, and style of name boards, signboards and sign-posts ;

(p)

provide for, regulate, require or prohibit the construction, pattern of construction, maintenance and materials of boundary walls hedges and fences hereafter erected or re-erected so as to abut on a public street or upon property vested in the municipality ;

(q)

regulate or prohibit any description of traffic in the streets and provide for the reduction of noise caused thereby ;

(r)

prohibit the storage of more than a fixed maximum quantity of any explosive, petroleum, spirit, naptha or other inflammable material in any building not registered or licensed under section 125 ;

(s)

provide for the seizure and confiscation of ownerless animals straying within the limits of the municipal area;

(t)

provide for the registration of all or any specified classes of dogs, and in particular and without prejudice to the generality of the foregoing .-

(i)provide for the imposition of an annual fee for such registration ;

(ii)require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the municipality ;

(iii)provide that any dog not registered and wearing such token, may, if found in any public place, be detained at a place to be set apart for the purpose, and will be liable to be destroyed or otherwise disposed of after a period to be specified in the bye-laws ;

(u)render licences necessary for hand carts employed for transport, or hawking articles for sale, and for the persons using such hand carts, and prescribe the conditions for the grant and revocation of such licences ;

(v)regulate the conditions on which and the period for which permission may be given under sub-section (1) of section 183 and sub-section (1) of section 184, and provide for the levy of fees and rents for such permission ;

(w)

licences necessary for hand carts employed for transport, or hawking articles for sale, and for the persons using such hand carts, and prescribe the conditions for the grant and revocation of such licences ;

(x)

generally provide for carrying out the purposes of this Act ;

(y)

for regulating or prohibiting the cutting or destroying of trees or shrubs, or the making of excavations or removal of soil or quarrying, where such regulation or prohibition appear to the municipality to be necessary for the maintenance of water supply, the preservation of soil, the prevention of land slips or of the formation of ravines or torrents, or the protection of land against erosion of the deposit thereon of sand, gravel or stones;

(z)

for fixing places where timber or wood of any description may be stacked, and for regulating the manner in which such timber or wood, as the case may be, stacked, where such regulation appears to the municipality to be necessary for the prevention of fire or other danger or grave inconvenience to the public or of landslips or other injurious disturbance of the surface of any land ;

(za)for fixing charges in the municipal area -

(i)for persons working as job porters for the conveyance of goods ;

(ii)for animals or carriages let out on hire for a day or part thereof ; and

(iii)for persons impelling or carrying carriages ;

(zb)for fixing the fees payable for such licences as are referred to in this section, and the conditions on which such licences are to be granted and may be revoked.

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