(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved 375 by the Chief Officer or a Muniêipality, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacles and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Chief Officer, or fail to comply with any requisition of the Chief Officer as to the construction, repair, payment or cleansing of any latrine, or urinal or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine, or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner, as shall prevent any avoidable nuisance from any such water, rubbish filth or other polluted and obnoxious matter.
(3) No person shall, after due provision has been made in this respect under the foregoing provision of this Chapter for the deposit and removal of the same,-
(a) deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground along the side of any street or on the banks of a watercourse; or
(b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same;
or
(c) deposit rubbish in any vehicle or vessel not intended or the removal of filth and other polluted and obnoxious matter.
289. Power to get places cleaned,- If any street public place under the control of the Government or any statutory body, or any premises to which large number of persons resort to, is not properly or regularly scavenged or is, in the opinion of the Chief Officer or a Municipality, in a filth and unwholesome condition, the Chief Officer may, be written notice, require the owner or the occupier to do the scavenging or cleansing or may cause scavenging or cleansing to be done and the cost of such scavenging or cleaning shall be recovered from the owner or the occupier thereof.
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290. Not to sanction building in certain cases,-
(1) The Municipality may, by regulations, determine any class or classes of buildings in the cases of which, any building plan shall not be sanctioned, except in conformity with the regulations made by the Municipality for construction on the premises of receptacle for temporary deposit of solid wastes.
(2) The Municipality may, by regulations, determine the types, materials of construction or designs on the basis of which such receptacles, trailers or other means for removal of solid wastes maybe constructed and where these maybe located in any premises, and the person applying for sanction of building plan, shall be bound to construct the same accordingly.
(3) Without prejudice to the generality of the foregoing provisions, the Municipality shall by regulations specify the requirements for receptacles, trailers or other means for removal or for temporary deposit of solid wastes in premises used as,-
(a) markets; or
(b) hotels or restaurants or
(c) hospitals or nursing homes or pathological laboratories; or
(d) factories registered under the Factories Act, 1948 (Central Act 63 of 1948); or
(e) building with height of eighteen metres or more
291.Deposit of any solid in contravention of the provisions of this Act,- No person shall,-
(a) deposit or throw or cause or permit to be deposited or thrown any solid waste on or in any places in contravention of the provisions of this Act, and the regulations made thereunder:
(b) cause or knowingly or negligently allow the contents of any sink, sewer or cesspool or any other offensive matter to flow, drain or be put upon any street or public place, or into any irrigation channel or sewer or drain not set apart for the purpose;
(c) make or cause to be made, or alter or cause to be altered, any drain leading into any of the sewers or drain vested in the Municipality.
.377 Part VI Land use and Development Controls of Public Places and Streets.
Chapter - I
292. Vesting of public street in Municipality,-
(1) All public streets and parking area in the municipal area of a Municipality including the soil, sub-soil, stones, other materials, sidedrains, footpaths, pavements, sub-ways and over bridges and all erection, implements and trees and other things provided therein, shall vest in the Municipal constituted for that municipal area:
Provided that no public street in a municipal in a municipal area, which immediately before the commencement of this Act, vested in the Government or in any statutory body shall, unless so directed by the authority competent to take a decision in this behalf, vest in the Municipality constituted for municipal area by virtue of this subsection.
(2) The Government may, subject to such terms and conditions, as it may determine, by notification,-
(a) transfer to any Municipality any public street, parking area, part or garden belonging to the Government; or
(b) take over from any Municipality and public street, parking area, park or garden; or
(c) transfer such public street, parking are, park or garden so taken over to any statutory authority or any agency public or private;
for a limited period for the purpose of proper maintenance and development of such public street, parking area, park or garden by such Municipality, the Government or such statutory body or agency as the case may be.
(3) The Municipality shall maintain a register in such form and in such manner, as may be prescribed and such register shall separately include a list of all public streets vested in th Municipality or in such other statutory bodies.
293. Functions of Municipality in respect of public streets etc,-
(1) The Municipality shall cause all public streets, parking area, squares, sub-ways, over bridges, parks and gardens vested in it to be developed, 378 maintained, controlled, and regulated in accordance with this Act and regulations made in this behalf.
(2) The Municipality shall from time to time cause all public streets vested in it to be levelled. Metalled, paved, channelled, altered or repaired and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or ma place and repair, fences and posts for the safety of pedestrians.
(3) The Municipality shall, from time to time, cause various items of streets furniture including guard rails, traffic lights, traffic signs, street markings, median strips and such other items to be installed or done and shall cause the same to be maintained so as to ensure public safety, convenience and expeditious movement of traffic, including pedestrian traffic.
294. Municipal Streets Technical Committee,-
(1) Municipal Council or a Town Council, as the case may be, shall constitute a Municipal Streets Technical Committee with not less than 3 members.
(2) In condition to be members elected in sub-section (1), the Municipal Streets Technical Committee shall have five other members, namely:-
(a) the Chief Officer or the Municipality who shall be the Convenor member of the Committee;
(b) a Police Officer, not below the rank of a Deputy Superintendent of Police, to be nominated by the Senior Superintendent of Police of the district concerned;
(c) the Municipal Fire Officer of the Municipality or Fire Officer of the State Government having jurisdiction in the municipal area;
(d) the Municipal Engineer of the Municipality; and
(e) the Municipal Town Planner, and where there is no such Municipal Town Planner, the Chief Town Planner or Regional Town Planner having jurisdiction in that municipal area.
(3) The teiiii of the Municipal Streets Technical Committee shall be one year from the date of its constitution and the new Municipal Streets Technical Committee shall be constituted before the expiry of the term of the existing Municipal Streets Technical Committee:
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Provided that an elected member shall not eligible for election of member of the Municipal Streets Technical Committee for more than two terms:
Provided further that the existing Municipality Streets Technical Committee shall continue to function till the new Municipal Streets Technical Committee is constituted.
4. The Municipal Streets Technical Committee shall meet at least once in a month.
5. The Municipal Streets Technical Committee shall, in order to secure the expeditious, convenient and safe movement of traffic, including pedestrian traffic, and suitable and adequate parking facilities on and off the public streets, and with due regard to,— a. The desirability of securing and maintaining reasonable access to premises b. The effect on the amenities of any locality affected; and C. any other relevant matter referred to it by the Municipality. aid advise and assist, the Municipality in the following matters namely:- i. classification of public streets and specification of width thereof, ii. prescription of regular line of street;
iii. regulation of abutting land uses;
iv. regulation of traffic;
V. designation of on-street parking areas, vi. allocation of rights of way for underground utilities;
vii. placement of street furniture, viii. placement of authorized fixtures on streets, such as electric and telegraph poles, post boxes, telephone junction boxes, sheds for buses, milk booths and the like;
ix. opening of new public streets, X. permanent or temporary closure of existing public streets;
xi. declaring private streets as public streets, and xii. any other matter that may be referred to it by the Municipality.
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6. The Municipal Streets Technical Committee shall, while making any recommendation to the Municipality on any matter conform to the master plan or any scheme specified in section 371 or any other development and improvement scheme prepared by any competent authority under any law in force for the time being and shall take into account such plans, proposals, surveys, studies and supporting technical data on such matter, as might be in the possession of the Municipality or any planning or development authority or any Department of the Government or any such competent authority.
7. The Municipal Streets Technical Committee may call for any paper, document, map or data from any Municipality or any planning and development authority or any Department of the Government or any competent authority and thereupon it shall be the duty of such authority or Department to comply with such requisition.
8. The Municipality shall consider the recommendations of the Municipal Streets Technical Streets Technical Committee and take such decision thereon as it thinks fit after taking into account plans, proposals, surveys, studies, schemes and programmes, if any refereed to in sub-section (6).
9. If any doubt. arises as to whether the decision taken under sub-section
(8), is in conflict with any plan, scheme or programme of any competent authority under any other law in force for the time being, the matter shall be referred to the Government, whose decision thereon shall be final.