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Section 481: Exclusion of industrial townships from municipal areas

Jharkhand Municipal Act 2011State Act of Jharkhand · Act 7 of 2012

(1) The State Government may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as it may deem fit, by notification, specify to be an industrial township.

(2) The provisions of this Act, to the extent prescribed by State Government, shall apply to the industrial township

(3) The State Government may appoint a committee under the chairpersonship of the Deputy Commissioner of the district in which the industrial township is situated to oversee the working of the industrial township as prescribed.

PART - IX POWERS, PROCEDURES, OFFENCES AND PENALTIES Chapter- 44 Procedure Licenses and Permissions

482. Signature, conditions, duration, suspension, revocation, etc., of licences and permissions-

(1) Whenever it is provided in this Act or the rules or the regulations made thereunder that a license or a permission, in writing, may be granted for any purpose, such license or permission shall be signed by the Municipal Commissioner or the Executive Officer or by any other officer empowered to grant such license or permission under this Act or the rules or the regulations made thereunder and shall specify the following particulars in addition to any other particulars required to be specified under any other provision of this Act or the rules or the regulations made thereunder :-

(a) the date of the grant of license or permission,

(b) the purpose and the period, if any, for which it is granted,

(c) restrictions or conditions, if any, subject to which it is granted,

(d) the name and address of the person to whom it is granted, and

(e) the fee, if any, paid for the license or the permission.

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(2) Except as otherwise provided in this Act or the rules or the regulations made thereunder, for every such license or permission, a fee may be charged at such rate as may, from time to time, be fixed by the municipality, and such fee shall be payable by the person to whom the license or the permission is granted.

(3) Save as otherwise provided in this Act or the rules or the regulations made thereunder, any license or permission granted under this Act or the rules or the regulations made thereunder may, at any time, be suspended or revoked by the Municipal Commissioner or the Executive Officer or the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud, or if any of the restrictions or conditions of license or permission has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this Act or the rules or the regulations made thereunder relating to any matter for which the license or the permission, as the case may be, was granted :

Provided that -

(a) before making any order of suspension or revocation, an opportunity shall be given to the grantee of the license or the permission to show cause why it should not be suspended or revoked; and

(b) every such order shall contain a brief statement of the reasons for the suspension or the revocation of the license or the permission, as the case may be.

(4) When any such license or permission is suspended or revoked, or when the period for which such license or permission was granted has expired, the grantee shall, for the purposes of this Act and the rules and the regulations made thereunder, be deemed to be without a license or permission, as the case may be, until such time as the order suspending or revoking the license or the permission, as the case may be, is rescinded or until the license or the permission, as the case may be, is renewed.

(5) Every grantee of any license or permission granted under this Act shall, at all reasonable times while such license or permission, as the case may be, remains in force, if so required by the Municipal Commissioner or the Executive Officer or the other officer by whom it was granted, produce such license or permission, as the case may be.

Entry and Inspection

483. Power of entry- The Municipal Commissioner or the Executive Officer or any other officer or employee of the municipality authorized by the Municipal >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 659 Commissioner or the Executive Officer in this behalf or empowered by or under any provision of this Act, may enter into or upon any land or building with or without assistants or workmen, for the purpose of -

(a) ascertaining whether in connection with the land or the building there is or has been any contravention of the provisions of this Act or the rules or the regulations made thereunder, or

(b) ascertaining whether or not circumstances exist which render it necessary for the Municipal Commissioner or the Executive Officer or any other officer or employee of the municipality authorized by him in this behalf or empowered by or under any provision of this Act, to take any action or execute any work under this Act or the rules or the regulations made thereunder, or

(c) taking any action or executing any work authorized or required by or under this Act or the rules or the regulations made thereunder, or

(d) making such inquiry, inspection, examination, measurement, valuation or survey as may be authorized or required by or under this Act or as may be necessary for the proper administration of this Act, or

(e) generally ensuring efficient discharge of the functions by any of the municipal authorities under this Act or the rules or the regulations made thereunder.

484. Power to enter land or adjoining land in relation to any work-

(1) The Municipal Commissioner or the Executive Officer or any person authorized by him in this behalf or empowered by or under this Act, may enter upon any land within fifty meters of any work authorized by or under this Act with or without assistants or workmen, for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purpose connected with the execution thereof.

(2) Every person so authorized shall, before entering upon any such land, state the purpose thereof, and shall, if so required by the owner or the occupier thereof, fence off so much of the land as may be required for such purpose.

(3) Every person as aforesaid shall, in exercising any power conferred by this section, do as little damage as may be necessary, and compensation shall be payable by the municipality in accordance with the rules or the regulations made under this Act in this behalf to the owner or the occupier of such land or to both for any such damage, whether permanent or temporary.

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485. Breaking into building-

(1) It shall be lawful for the Municipal Commissioner or the Executive Officer or any person authorized by him in this behalf or empowered by or under this Act, to make any entry into any place and to open or cause to be opened any door, gate or other barrier, -

(a) if he considers the opening thereof is necessary for the purpose of such entry, and

(b) if the owner or the occupier is absent or, being present, refuses to open such door, gate or other barrier.

(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Municipal Commissioner or the Executive Officer or the person authorized or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated, to witness the entry or the opening and may issue an order, in writing, to them or any of them so to do.

(3) A report shall be made to the Standing Committee, as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.

486. Time of making entry. Save as otherwise provided in this Act or the rules or the regulations made thereunder, no entry authorized under this Act shall be made except between the hours of sunrise and sunset:

Provided that if the Municipal Commissioner or the Executive Officer is satisfied that the erection of any building or the execution of any work has been commenced or is being carried on in contravention of the provisions of this Act in any premises between the period of sunset and sunrise, he may, if he considers it necessary so to do, enter such premises during such period accompanied by a police officer to make an inspection thereof and take such action as may be necessary under this Act.

487. Consent ordinarily to be obtained- Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving such occupier or owner, as the case may be, not less than twenty four hours notice, in writing, of the intention to make such entry:

Provided that no such notice shall be necessary if the municipality considers, for reasons to be recorded in writing, that there is immediate urgency for such entry and the service of a notice, in writing, may defeat its purpose:

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Provided further that no such notice shall be necessary, if the land or the building to be entered is a factory or workshop or trade premises or place used for any of the purposes referred to in section 455 or a stable for horses or a shed for cattle or a latrine or a urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human consumption is slaughtered on such land or in such building in contravention of the provisions of this Act or the rules or the regulations made thereunder.

488. Regard to be had to social or religious usages- When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

489. Prohibition of obstruction or molestation in execution of work. No person shall obstruct or molest any person authorized or empowered by or under this Act, or with whom the municipality or any of the municipal authorities referred to in section 23 has lawfully contracted, in the execution of his duty or anything which he is authorized or empowered or required to do by virtue, or in consequence, of any of the provisions of this Act or the rules or the regulations made thereunder, or in fulfillment of his contract, as the case may be.

Public Notices and Advertisements

490. Public notices how to be made known. Every public notice given under this Act or the rules or the regulations made thereunder shall be in writing under the signature of the Municipal Commissioner or the Executive Officer or any other officer of the municipality authorized by him in this behalf, and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within such locality or by publishing the same by advertisement in local newspapers or by such other means as the Municipal Commissioner or the Executive Officer may think fit.

491. Newspapers in which advertisements or notices to be published- Whenever it is provided by or under this Act or the rules or the regulations made thereunder that notice shall be given by advertisement in local newspapers or a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted in at least two newspapers of which at least one shall be in the regional language.

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Where this provision sits

ActJharkhand Municipal Act 2011
Section481
Marginal noteExclusion of industrial townships from municipal areas
JurisdictionState of Jharkhand
StatusIn force as published by the source

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