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THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Year : 1994



CHAPTER XIV

RULES AND BY LAWS



208.Power of State Government.


208. Power of State Government.- (1) The Government may, by notification and subject to the, condition of previous publication, make rules for the purpose of carrying into effect the provisions of this Act.




66.(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-.


(i) manner in which the minutes of the proceedings of a meeting of a Nagar Panchayat or a Council or its committees shall be recorded and published;

(ii) form and manner in which the accounts of receipts and expenditures of a Nagar Panchayat or a Council shall be kept;

(iii) form and manner in which the annual budget of a Nagar
Panchayat or a Council shall be prepared;

(iv) manner in which returns, statements and reports by a
Nagar Panchayat or a Council shall be submitted;

(v) matter not specifically provided for in this Act for the valuation of holdings, for the assessment, collection and refund of taxes imposed under this Act;

(vi) determination of fees payable upon distraint warrant under this Act;

(vii) regulation, management and inspection of the working systems of water-supply, lighting, drainage or sewerage provided, established or maintained by or under the control and administration of a Nagar Panchayat or a Council;

(viii). form and procedure for taking oath or affirmation by Chairperson, Vice-Chairperson and Councillors ,he authority who shall administer oath or affirmation; and

(ix) manner in which bye-laws shall be published after confirmation by the Government.


(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the session or the successive sessions aforesaid, Legislative Assembly makes any modification in the rule or decides that any such rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


209.Power of municipality to frame bye-laws.


209. Power of municipality to frame bye-laws.- (1) A municipality may, frame bye-laws consistent with the Provisions of this Act and the rules made thereunder for carrying out the provisions of this Act, for-


(i) any matter in respect of which power to frame bye-laws is conferred expressely on the municipalilty under this Act;



67.(ii) regulating traffic, and preventing obstruction and encroachments and nuisances on or near public roads, or on or near pontoons bridges, ghats, landing places, river banks or other places of public resort or on places near water works for the supply of drinking water;

(iii) prescribing a minimum width of wheel-tyres or a minimum diameter and the maximum wheel-tracks or wheels for different classes of carts and carriage kept or used within the municipality;

(iv) prescribing the manner in which notice of the intention to erect, re-erect, materially alter a building shall be given to the municipality;

(v) requiring that with every such notice shall be furnished with a site-plan of the land on which it is intended to erect, re-erect or materially alter such building and plan and specification, and in the case of erection or re-erection of a building, estimate also of the cost of construction (excluding cost of land and its improvement) of the building, all such characters and with such details as the bye-laws may require in respect of all or any of the following matters, viz.-


(a) free passage or way in front of the building;

(b) space to be left about the building to secure free circulation of air and facilitate scavenging and for the prevention of fire;

(c) provision and position of latrines, privies, urinals, cesspools or drains;

(d) level and width of foundation, level of the lowest floor, and stability of the structure; and

(e) the line of frontage with neighbouring buildings, it the building abuts on a public road;

(vi) regulating in respect of the erection, re-erection or material alteration of any buildings, within the municipality or part thereof-

(a) the materials and method of construction to be used for external and partition walls, roofs and floors;


(b) the materials and method of construction and position of fire-places, chimneys, latrines, privies, urinals, cesspools and drains;

(c) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on;

(d) the space to be left about the building to secure the free circulation of air and for the prevention of fire;

(e) the line of frontage where the building abuts on a, Public road;

(f) the number and height of the storeys of which the building may consist;


68.(g) the means to be provided for egress from the building in case of fire;

(h) any other matter affecting the ventilation or sanitation of the building; and

(i) matter concerning sanitary conditions and water pollution of the area;


(vii) preventing the erection of buildings without adequate provisions being made for the laying out and location of roads;

(viii) regulating the level, means of drainage, alignment and width, of roads constructed by private persons;

(ix) regulating the use of, and the prevention of nuisance in regard to public water-supply, bathing and washing place, streams, channels, tanks and wells;

(x) regulating, either by granting licences necessary or otherwise, the washing of clothes by professional washerman, and fixing the places in which clothes may be so washed or in which they may not be so washed;

(xi) prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells, tanks, pools, excavations, cisterns or other places or vessels containing or capable of containing water;

(xii) regulating the cutting of trees and bamboos within the municipality; ,

(xiii) regulating the disposal of sewage, offensive matter, carcasses of animals and rubbish, and the construction and maintenance of latrines, privies, urinals, cesspools, drains and sewers;

(xiv) providing for the inspection and regulation of markets and for the preparation and exhibition of a price list thereat;

(xv) regulating the hours and manner of transport within the municipality of any specified articles of food or drink;

(xvi) fixing the Places in which any specified article of food or drink may be sold or exposed for sale or the places in which it may not be sold or exposed for sale and regulating the sale of foodstuff unfit for human consumption;

(xvii) regulating, either by granting licences necessary or otherwise, or prohibiting, for the purpose of preventing danger to the public health the -stalling or herding of horses, cattel, swine, ,donkeys, sheep or goats, geese, ducks and fowls;

(xviii) providing for the inspection of milch cattle and prescribing the measures to be taken on the occurrence among them of infections or contagious diseases; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing drainage and water-supply of. dairies and cattle-sheds in the occupation of persons carrying on the trade of dairymen or milksellers;



69.(xix) providing for the inspection and proper regulation of encamping grounds, pounds, serias, or dharmsalas, bakeries and aerated water factories, ice factories, flour mills, oil mills, sweetmeat shops, factories and other places in which mechanical or electrical power is employed, and slaughter-
houses;

(xx) preventing nuisances affecting the public health, safety, or convenience in places of public resort for purposes of recreation or amusement;

(xxi) preventing nuisances affecting the public health, safety or convenience;

(xxii) controlling and regulating the use and management of burial and burning grounds and the disposal of corpses;

(xxiii) providing for the holding of fairs and industrial exhibitions within the municipality or under the control of the municipality and for fixing and collecting the fees to be levied thereat;

(xxiv) fixing the conditions on which licences under this
Act are to be granted and may be suspended or revoked;

(xxv) preventing and removing any encroachments on any municipal land including markets, drains, roads, etc.;

(xxvi) giving effect to the objects and purposes, of this
Act and the Municipality may by such bye-laws impose on offenders against any provision of the bye-laws, such reasonable penalties as it may think fit, not exceeding five thousand rupees for each offence, and, in case of a continuing offence, a further penalty not exceeding two hundred rupees for each day after written notice of the offence to them from the municipality:

Provided that the above limits of rupees five thousand and rupees two hundred shall not apply to the offences in respect of the bye-laws regulating octroi;

(xxvii) distribution of works among the officers and the members of the staff of the municipality.



210.Additional power to frame bye-laws in hill areas.


210.Additional power to frame bye-laws in hill areas.- (1) A
Nagar Panchayat or Council whose municipality is wholly or in part situated in a hilly tract may, in addition to such bye-laws, as it may make under the preceding section frame bye-laws for resulting or prohibiting the cutting or destroying of tree; or shrubs or the making of excavations or removal of soil or quarrying, where such regulation or prohibition appears to the Nagar Panchayat or the Council to be necessary for any or all of following purposes:-


(a) the maintenance of water supply;

(b) the preservation of the soil;

(c) the prevention of landslips;

(d) the formation of ravines or torrents;

(e) the protection of land against erosion or the deposit thereon of sand gravel or stones;


70



(f) the protection of the beauty or general appearance of the municipality.


(2) The Nagar Panchayat or the Council may, by any bye-law framed under this section, declare that any person commiting a breach of any such bye-law, or failing to comply with any notice issued thereunder, shall be liable to fine which may extend to five hundred rupees and to a further fine, which may extend to two hundred rupees for each day after conviction during which the offence is continued.


211.Confirmation of bye-laws.


211.Confirmation of bye-laws.- (1) The power to frame bye-laws in the Act shall be subject to the condition of previous notification.

(2) No such bye-laws shall come into force until it has been confirmed by the Government.

(3) The Government may cancel its confirmation of any such bye law, and thereupon the bye-law shall cease to have effect.


212.Publication of bye-laws.


212. Publication of bye-laws.- Every bye-law shall, after confirmation, be published in the prescribed manner.


213.Model bye-laws.


213.Model bye-laws.- The Government may from time to time frame model byelaws for any matter in respect of which a municipality is empowered to frame bye-laws under this Act and publish them in the
Official Gazette for the guidance of municipality.


CHAP

MISCELLANEOUS
Last updated on May, 2015

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