Power of Zila Panchayat to make bye-laws

§239

Summary

239. (1) A 1[Zila Panchayat] may, and where required by the State Government shall, make bye-laws for its own purposes and for the purposes of 1[Kshettra Panchayat], applicable to the whole or any part of the rural, in respect of matters required by this Act to be governed by bye-laws and for the purposes of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this Act in the Khand and the district. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), a 1[Zila Panchayat] may, in the exercise of the said power, make any bye-laws described in the list below ; A - Building (a) Declaring with reference to clause (d) of sub-section (2) of section 164 and alteration of any specific description to be a material alteration ; (b) prescribing that, on payment of fees in accordance with such scale as is specified in this behalf plans and specifications shall be obtainable from the 1[Kshettra Panchayat] ; (c) fixing with reference to section 166 the period for which a sanction shall remain enforce ; (d) prescribing the type and description of building which may or may not and the purpose for which a building may or may not be erected in any prescribed area or areas within a controlled rural area ; (e) prescribing the circumstances in which a temple mosque, church or other sacred building may or may not be erected, re-erected or altered in a controlled rural area ; (f) prescribing with reference to the erection, re-erection or alteration of buildings, or any class of buildings, all or any of the following matters - (i) the materials and method of construction to be used for external and party walls, roofs and floor ; (ii) the position and the materials to be used in and method of construction of fire-places, chimneys, drains, latrines, privies, urinals and cesspools ; (iii) the height and slope of the roof above the upper-most floor upon which human beings are to live or cooking operations are to be carried on ; (iv) the ventilation and space to be left about the building to secure fee circulation of air and to facilitate scavenging and for prevention of fire ; (v) the level and width of foundation, level of lowest floor and stability of structure ; (vi) the number and height of storeys of which the building may consist ; (vii) the means to be provided for egress from the building in case of fire ; (viii) any other matter affecting the ventilation or sanitation of building ; and (ix) the conditions subject to which sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of water or danger to any person using the well ; (g) regulating, in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent, awning, or other structure, of whatsoever kind or nature, on any land within a controlled rural area. B-Drains, privies, cesspools, etc. (a) Regulating in any manner not specifically provided for in this Act, the construction, alteration, maintenance, reservation, cleansing and repair of drains, ventilation shafts and pipes, water closets, privies, latrines, urinals, cesspools and other drainage works ; (b) regulating or prohibiting the discharge into drains, or deposit therein, of sewage, sullage, polluted water and other offensive or obstructive matter. C-Streets (a) Determining the information and plans to be furnished to the 1[Kshettra Panchayat] under section 176 ; (b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors by or by any person for the sale of articles, or for the exercise of any calling or for the setting up of any booth or stall and providing for the setting up of any booth or stall and providing for the levy of fees for such use or occupation ; (c) regulating the conditions on which permission may be given by the 1[Kshettra Panchayat] under section 1814 for projections over streets and drains and by the 1[Zila Panchayat] under section 209 for the temporary occupation of streets. D-Markets, slaughter-houses, sale of food, etc., (a) Prohibiting the use of any place as a slaughter-houses, or as a market or shop for the sale of animals intended for human food or of meat, or of fish, in default of a license granted by the 1[Kshettra Panchayat] or otherwise than in accordance with the conditions of a license so granted ; (b) prescribing the conditions subject to which and the circumstances in which, and the areas or localities in respect of which licenses for such use may be granted, refused, suspended or withdrawn; (c) providing for the inspection of, and regulation of the conduct of business, in, a place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offensive or dangerous effect arising or likely to arise therefrom ; (d) providing for the establishment, and for the regulation and inspection of markets and slaughter-houses, of livery stables, of encamping grounds, of sarais of sarais of flour-mills, of bakeries, of places for the manufacture, preparation or sale of specified article of food or drink, or for keeping or exhibiting animals for sale or hire or animals of which the produce is sold, and of places of public entertainment or resort, and for the proper and cleanly conduct of business therein ; and (e) prescribing the conditions subject to which, and the circumstances in which, and the areas or locality in respect of which, licenses for the purposes of sub-head (d) may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licenses, and prohibiting the establishment of business places, mentioned in subhead (d) in default of license granted by the 1[Kshettra Panchayat] or otherwise than in accordance with the conditions of a license so granted. E-Offensive trades (a) Except where and so far as is inconsistent with anything contained in the Petroleum Act, 1934, or in rules made thereunder, prohibiting the use of any place, in default of a license granted by the 1[Zila Panchayat] or otherwise than in accordance with the conditions of license so granted, as a factory or other places of business - (i) for boiling and storing offal, blood, bones, guts or rags, (ii) for the manufacture of leather or leather goods, (iii) for melting tallow or sulphur, (iv) for burning or baking bricks, tiles, pottery or lime, (v) for soap-making, (vi) for soap-making, (vii) for storing hay, straw, thatching grass, wood, coal or other dangerously inflammable material, (viii) for storing petroleum or any inflammable oil or spirit, (ix) for storing and pressing cotton and cotton refuse, (x) for any other purpose if such use is likely to cause a public nuisance or involve risk of fire ; (b) prescribing (but not so as to derogate from any power conferred on a 1[Zila Panchayat] by section 202) the circumstances in which and the areas or localities in respect of which licenses may be granted, refused, suspended or withdrawn ; and (c) providing for the inspection and regulation of the conduct of business in a place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offensive, or dangerous effect arising or likely to arise therefrom. F-Public safety and convenience (a) 2[ * * * * ] (b) imposing the obligation of taking out licenses on the proprietors or drivers of vehicles (other than motor vehicles), boats or animals kept or plying of hire, or on persons hiring themselves out of the purpose of carrying loads within the limits of the rural area of the district, and fixing the fees payable for such licenses and the conditions on which they are to be granted and may be revoked ; (c) fixing and regulating the use of place at which boats may be moored, loaded and unloaded and prohibiting the mooring, loading and unloading of boats except at such places as may be prescribed by the 1[Zila Panchayat]. (d) providing for the seizure and confiscation of ownerless animals straying within the limits of the rural area of the district ; (e) prohibiting or regulating, with a view to promoting the public safety or convenience, any act which occasions or is likely to occasion a public nuisance and for the prohibition or regulation of which no provision is made under this heading ; (f) promoting and regulating supply of drinking water. G-Sanitation and prevention of disease (a) Controlling and regulating the use and management of burial and burning grounds and fixing the fees to be charged where such grounds have been provided by the 1[Zila Panchayat], and prescribing or prohibiting routes for the removal of corpses to burial or burning grounds ; (b) regulating sanitation and conservancy ; (c) providing in default of a bye-law made under the preceding sub-head, for the registration and inspection of lodging houses, the prevention of overcrowding, prescribing the notices to be given in the case of any infectious or contagious disease breaking out therein and generally for the proper regulation of lodging houses ; (d) prohibiting or regulating, with a view to sanitation or the prevention of disease, any act which occasions, or which is likely to occasion, a public nuisance and for the prohibition or regulation of which no provision is made under this heading. H-Miscellaneous (a) Prohibiting or regulating any act which occasions or is likely to occasion a public nuisance, for the prohibition or regulation of which no provisions is made elsewhere by ro under this Act ; (b) providing for the registration of births, deaths and marriages, and the taking of census within the rural area and for the compulsory supply of such information as may be necessary to make such registration or census effective ; (c) for the protection from injury or interference of anything within the rural area being the property of Government or of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] or being under the control of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] ; (d) providing for the holding of fairs and industrial exhibitions within the rural area of the district and under the control of the 1[Zila Panchayat] or the 1[Kshettra Panchayat], and fixing the fees to be levied thereat ; (e) requiring and regulating the appointment by owners of buildings and lands in the rural area of the district of persons residing within or near the said area to act as their agents for all or any of the purposes of this Act or of any rule or bye-law ; (f) specifying the records and documents belonging to, or in the possession of, the 1[Zila Panchayat] or a 1[Kshettra Panchayat] of which inspection may be made or copies given ; and the charges to be levied for inspection or copies of such records and documents ; and regulating inspection and the giving of copies ; (g) providing for the granting of licenses for the sale and for the dispensing of medicinal drugs ; (h) providing for the registration and control of midwives and dias publicly practicing their profession ; (i) providing for the establishment and maintenance of maternity contras and child welfare clinics ; (j) providing for establishment, maintenance and grant-in-aid to institutions of physical culture ; (k) regulating poor houses, orphanages, libraries, asylums, veterinary hospitals, markets, inspection houses, public parks and gardens and other public institutions ; (l) regulating fairs, cattle markets, agricultural shows and industrial exhibitions held under the authority of a 1[Zila Panchayat] or the 1[Kshettra Panchayat], or otherwise, to which the public is allowed access ; (m) prohibiting the obstruction of any streams, channels, or drains under the control of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] and providing for the removal of any such obstruction ; (n) for removing demolishing, or securing dangerous buildings, trees or places ; (o) providing for the destruction of unclaimed, diseased or rabid dogs and noxious animals ; (p) prescribing conditions for the inspection of the minute bocks of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] and assessment list of the 1[Zila Panchayat]. (q) prohibiting the discharge of the water of any sink, drain, steam engine or boiler, or of any filthy, offensive or injurious matter into any river, tank or other source of water supply, or into any specified portion thereof ordinarily used for dinking or bathing purposes.

239. (1) A 1[Zila Panchayat] may, and where required by the State Government shall, make bye-laws for its own purposes and for the purposes of 1[Kshettra Panchayat], applicable to the whole or any part of the rural, in respect of matters required by this Act to be governed by bye-laws and for the purposes of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this Act in the Khand and the district. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), a 1[Zila Panchayat] may, in the exercise of the said power, make any bye-laws described in the list below ; <center class="font1">A - Building</center> (a) Declaring with reference to clause (d) of sub-section (2) of section 164 and alteration of any specific description to be a material alteration ; (b) prescribing that, on payment of fees in accordance with such scale as is specified in this behalf plans and specifications shall be obtainable from the 1[Kshettra Panchayat] ; (c) fixing with reference to section 166 the period for which a sanction shall remain enforce ; (d) prescribing the type and description of building which may or may not and the purpose for which a building may or may not be erected in any prescribed area or areas within a controlled rural area ; (e) prescribing the circumstances in which a temple mosque, church or other sacred building may or may not be erected, re-erected or altered in a controlled rural area ; (f) prescribing with reference to the erection, re-erection or alteration of buildings, or any class of buildings, all or any of the following matters - (i) the materials and method of construction to be used for external and party walls, roofs and floor ; (ii) the position and the materials to be used in and method of construction of fire-places, chimneys, drains, latrines, privies, urinals and cesspools ; (iii) the height and slope of the roof above the upper-most floor upon which human beings are to live or cooking operations are to be carried on ; (iv) the ventilation and space to be left about the building to secure fee circulation of air and to facilitate scavenging and for prevention of fire ; (v) the level and width of foundation, level of lowest floor and stability of structure ; (vi) the number and height of storeys of which the building may consist ; (vii) the means to be provided for egress from the building in case of fire ; (viii) any other matter affecting the ventilation or sanitation of building ; and (ix) the conditions subject to which sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of water or danger to any person using the well ; (g) regulating, in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent, awning, or other structure, of whatsoever kind or nature, on any land within a controlled rural area. <center class="font1">B-Drains, privies, cesspools, etc.</center> (a) Regulating in any manner not specifically provided for in this Act, the construction, alteration, maintenance, reservation, cleansing and repair of drains, ventilation shafts and pipes, water closets, privies, latrines, urinals, cesspools and other drainage works ; (b) regulating or prohibiting the discharge into drains, or deposit therein, of sewage, sullage, polluted water and other offensive or obstructive matter. <center class="font1">C-Streets</center> (a) Determining the information and plans to be furnished to the 1[Kshettra Panchayat] under section 176 ; (b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors by or by any person for the sale of articles, or for the exercise of any calling or for the setting up of any booth or stall and providing for the setting up of any booth or stall and providing for the levy of fees for such use or occupation ; (c) regulating the conditions on which permission may be given by the 1[Kshettra Panchayat] under section 1814 for projections over streets and drains and by the 1[Zila Panchayat] under section 209 for the temporary occupation of streets. <center class="font1">D-Markets, slaughter-houses, sale of food, etc.,</center> (a) Prohibiting the use of any place as a slaughter-houses, or as a market or shop for the sale of animals intended for human food or of meat, or of fish, in default of a license granted by the 1[Kshettra Panchayat] or otherwise than in accordance with the conditions of a license so granted ; (b) prescribing the conditions subject to which and the circumstances in which, and the areas or localities in respect of which licenses for such use may be granted, refused, suspended or withdrawn; (c) providing for the inspection of, and regulation of the conduct of business, in, a place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offensive or dangerous effect arising or likely to arise therefrom ; (d) providing for the establishment, and for the regulation and inspection of markets and slaughter-houses, of livery stables, of encamping grounds, of sarais of sarais of flour-mills, of bakeries, of places for the manufacture, preparation or sale of specified article of food or drink, or for keeping or exhibiting animals for sale or hire or animals of which the produce is sold, and of places of public entertainment or resort, and for the proper and cleanly conduct of business therein ; and (e) prescribing the conditions subject to which, and the circumstances in which, and the areas or locality in respect of which, licenses for the purposes of sub-head (d) may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licenses, and prohibiting the establishment of business places, mentioned in subhead (d) in default of license granted by the 1[Kshettra Panchayat] or otherwise than in accordance with the conditions of a license so granted. <center class="font1">E-Offensive trades</center> (a) Except where and so far as is inconsistent with anything contained in the Petroleum Act, 1934, or in rules made thereunder, prohibiting the use of any place, in default of a license granted by the 1[Zila Panchayat] or otherwise than in accordance with the conditions of license so granted, as a factory or other places of business - (i) for boiling and storing offal, blood, bones, guts or rags, (ii) for the manufacture of leather or leather goods, (iii) for melting tallow or sulphur, (iv) for burning or baking bricks, tiles, pottery or lime, (v) for soap-making, (vi) for soap-making, (vii) for storing hay, straw, thatching grass, wood, coal or other dangerously inflammable material, (viii) for storing petroleum or any inflammable oil or spirit, (ix) for storing and pressing cotton and cotton refuse, (x) for any other purpose if such use is likely to cause a public nuisance or involve risk of fire ; (b) prescribing (but not so as to derogate from any power conferred on a 1[Zila Panchayat] by section 202) the circumstances in which and the areas or localities in respect of which licenses may be granted, refused, suspended or withdrawn ; and (c) providing for the inspection and regulation of the conduct of business in a place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offensive, or dangerous effect arising or likely to arise therefrom. <center class="font1">F-Public safety and convenience</center> (a) 2[ * * * * ] (b) imposing the obligation of taking out licenses on the proprietors or drivers of vehicles (other than motor vehicles), boats or animals kept or plying of hire, or on persons hiring themselves out of the purpose of carrying loads within the limits of the rural area of the district, and fixing the fees payable for such licenses and the conditions on which they are to be granted and may be revoked ; (c) fixing and regulating the use of place at which boats may be moored, loaded and unloaded and prohibiting the mooring, loading and unloading of boats except at such places as may be prescribed by the 1[Zila Panchayat]. (d) providing for the seizure and confiscation of ownerless animals straying within the limits of the rural area of the district ; (e) prohibiting or regulating, with a view to promoting the public safety or convenience, any act which occasions or is likely to occasion a public nuisance and for the prohibition or regulation of which no provision is made under this heading ; (f) promoting and regulating supply of drinking water. <center class="font1">G-Sanitation and prevention of disease</center> (a) Controlling and regulating the use and management of burial and burning grounds and fixing the fees to be charged where such grounds have been provided by the 1[Zila Panchayat], and prescribing or prohibiting routes for the removal of corpses to burial or burning grounds ; (b) regulating sanitation and conservancy ; (c) providing in default of a bye-law made under the preceding sub-head, for the registration and inspection of lodging houses, the prevention of overcrowding, prescribing the notices to be given in the case of any infectious or contagious disease breaking out therein and generally for the proper regulation of lodging houses ; (d) prohibiting or regulating, with a view to sanitation or the prevention of disease, any act which occasions, or which is likely to occasion, a public nuisance and for the prohibition or regulation of which no provision is made under this heading. <center class="font1">H-Miscellaneous</center> (a) Prohibiting or regulating any act which occasions or is likely to occasion a public nuisance, for the prohibition or regulation of which no provisions is made elsewhere by ro under this Act ; (b) providing for the registration of births, deaths and marriages, and the taking of census within the rural area and for the compulsory supply of such information as may be necessary to make such registration or census effective ; (c) for the protection from injury or interference of anything within the rural area being the property of Government or of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] or being under the control of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] ; (d) providing for the holding of fairs and industrial exhibitions within the rural area of the district and under the control of the 1[Zila Panchayat] or the 1[Kshettra Panchayat], and fixing the fees to be levied thereat ; (e) requiring and regulating the appointment by owners of buildings and lands in the rural area of the district of persons residing within or near the said area to act as their agents for all or any of the purposes of this Act or of any rule or bye-law ; (f) specifying the records and documents belonging to, or in the possession of, the 1[Zila Panchayat] or a 1[Kshettra Panchayat] of which inspection may be made or copies given ; and the charges to be levied for inspection or copies of such records and documents ; and regulating inspection and the giving of copies ; (g) providing for the granting of licenses for the sale and for the dispensing of medicinal drugs ; (h) providing for the registration and control of midwives and dias publicly practicing their profession ; (i) providing for the establishment and maintenance of maternity contras and child welfare clinics ; (j) providing for establishment, maintenance and grant-in-aid to institutions of physical culture ; (k) regulating poor houses, orphanages, libraries, asylums, veterinary hospitals, markets, inspection houses, public parks and gardens and other public institutions ; (l) regulating fairs, cattle markets, agricultural shows and industrial exhibitions held under the authority of a 1[Zila Panchayat] or the 1[Kshettra Panchayat], or otherwise, to which the public is allowed access ; (m) prohibiting the obstruction of any streams, channels, or drains under the control of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] and providing for the removal of any such obstruction ; (n) for removing demolishing, or securing dangerous buildings, trees or places ; (o) providing for the destruction of unclaimed, diseased or rabid dogs and noxious animals ; (p) prescribing conditions for the inspection of the minute bocks of the 1[Zila Panchayat] or a 1[Kshettra Panchayat] and assessment list of the 1[Zila Panchayat]. (q) prohibiting the discharge of the water of any sink, drain, steam engine or boiler, or of any filthy, offensive or injurious matter into any river, tank or other source of water supply, or into any specified portion thereof ordinarily used for dinking or bathing purposes.

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