TAXES AND FEES.
84 (1) The Corporation shall, for the purposes of this Act, levy the following taxes:-
(a) taxes on buildings and lands;
(b) such other tax, at such rates as the State Government may, by notification, in each case direct;
(c) a duty on the transfer of immovable properties situated within the limits of the municipal area in addition to the duty imposed under the Indian Stamp Act,1899, as in force for the time being in the State of Himachal Pradesh, on instruments of sale, gift and mortgage with possession of immovable property situated in the municipal area at such rate, as the State Government may by notification, direct, which shall not be less than one per centum and more than two per centum on the amount of the consideration, the value of the property or the amount secured by the mortgage, as set forth in the instrument. The said duty shall be collected by the Register or Sub-registrar in the shape of non-judicial stamp paper at the time of registration of the document and intimation thereof shall be sent to the Corporation immediately. The amount of the duty so collected shall be paid to the Corporation.
(2) Subject to the prior approval of the Government the Corporation may for the purpose of this Act, in addition in the taxes specified in sub-section (1) levy.-
(a) a tax on profession, trades, callings and employments;
(b) a tax on vehicles other than motor vehicles and animals;
(c) a tax on the increase in urban land values caused by the execution of any development or improvement work;
(d) show tax;
(e) tax on consumption of energy at a rate not exceeding 2 paise for every unit of electricity consumed by any person within the municipal area;
(f) sewerage tax on commercial buildings;
(g) any other tax that may be imposed under the provisions of the Himachal Pradesh Municipal Act, 1994:
Provided that no tax shall be imposed under this sub-section unless an opportunity has been given in the prescribed manner to the residents of the municipal area to file objections and the objections if any, thus received have been considered.
(3) The taxes as specified in sub-section (1) and sub-section (2) shall be levied at such rates as may, from time to time, be specified by the Government by notification and shall be assessed and collected in accordance with the provisions of this Act, and the bye-laws made thereunder.
(4) The Government may, by special or general order, direct the Corporation to impose any tax falling under sub-section (1) or sub-section (2) not already imposed, within such period as may be specified and the corporation shall thereupon act accordingly.
(5) If the Corporation fails to carry out any order passed under sub-section (4) the Government may by a suitable order notified in the Official Gazette impose the tax and the order so passed shall operate as if the tax had been duly imposed by the Corporation under sub-section (1) or sub-section (2), as the case may be.
85. (1) Subject to the prior approval of the State Government, the Corporation may in the manner prescribed, levy a fee with regard to the following:-
(i) a fee on advertisements other than advertisements in the news papers;
(ii) a fee on building applications;
(iii) development fee for providing and maintaining civic amenities in certain areas;
(iv) a fee with regard to lighting;
(v) a fee with regard to scavenging;
(vi) a fee in the nature of costs for providing internal services in a building scheme or town planning scheme;
(vii) any other fee as deemed fit by the Corporation for services rendered.
(2) The rates at which and the conditions subject to which the fees as laid down in sub-section(1) may be levied by the Corporation, would be decided by the Government.
88 Subject to the rules, if any made by the State Government in this behalf, the rateable value of any land or building assessable to taxes specified in section 86 shall be.-
(a) in the case of land, the gross annual rent at which it is let;
(b) in the case of any building, the gross annual rent at which such building, together with its appurtenances and any furniture that may be let for use for enjoyment therewith is let, subject to the following deductions:-
(i) such deductions not exceeding ten percent of the gross annual rent as the Commissioner in each particular case may consider reasonable allowance on account of the furniture let therewith;
(ii) a deduction of ten percent for the cost of repairs and all other expenses necessary to maintain the building in a state to command such gross annual rent. The deduction under this sub-clause shall be calculated on the balance of the gross annual rent after the deduction, if any, under sub-clause(i):
(iii) where land is let with a building, such deduction, not exceeding ten percent of the gross annual, as the Commissioner in each particular case may consider reasonable on account of the actual expenditure, if any annually incurred by the owner on the up-keep of the land in a state to command such annual rent;
Explanation-I,- For the purpose of this clause it is immaterial whether the house or building and the furniture and the land let for use or enjoyment therewith, are let by the same contract or by different contracts, and if by different contracts whether such contracts are made simultaneously or at different times,
Explanation,-II. The term “gross annual rent” shall not include any tax payable by the owner in respect of which the owner and tenant have agreed that it shall be paid by the tenant.
(c) where the gross annual rent of any land or building cannot be determined under clause (a) or clause (b)-
(i) in the case of land, ten percentum of the cost of land;
(ii) in the case of buildings, ten percentum of the sum of the cost of erection of the building and the cost of land;
Provided that in the calculation of the rateable value of any building, ten percentum of the rateable value so determined shall be deducted for the cost of repairs and for all other expenses necessary to maintain the building;
Provided further that where the property is in the occupation of the owner for the purpose of his own residence, the annual value shall fist be determined as in clause © and further be reduced-
(d) where the gross annual rent of the whole of the land or a building cannot be determined under any of the clauses (a),(b) and (c).-
(i) in relation to that part or portion of such land or building to which clause(a) or (b) applies as determined under the said clauses; and
(ii) in relation to the remaining part or portion of such land or building, as determined under clause ( c).
Explanation.- For the purpose of this section “cost of land” and “cost of erection of the building” shall mean cost of land and/or cost of erection of building at the time of purchase of such land and/or erection of building, as the case may be.
WATER SUPPLY, DRAINAGE AND SEWERAGE DISPOSAL.
207. (1) No person shall-
(a) wilfully, obstruct any person acting, under the authority of the Corporation or the Commisioner, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting, out lines of such work or deface or destroy any works made for the same purpose; or
(b) wilfully or negligently break, injur, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Corporation; or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any water works belonging to the Corporation or any water course by which any such water is supplied; or
(d) obstruct any officer of other employee of the Corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water or sewage work;
(e) bathe in, at or upon any water work or throw or cause to enter therein any animal, or throw any rubbish, dirt, filth into any water work or wash or clean therein any cloth, woll or leather or the skin of any animal or cause the water of any sink or drain or any steam-engine or boiler or any polluted water to turn or be brought into any water-work, or do any other act whereby the water in any water-work is fouled or likely to be fouled.
(2) Nothing in clause(b) of sub-section(1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.
STREETS.
213. (1) The Commissioner may,-
(a) prohibit vehicular traffic in any public street of any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quiteness in any locality;
(b) prohibit in respect of all public streets or any particular public streets the transit of any vehicle of such form construction, weight or size or laden with such heavy or unwidely objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of the fraction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions, and upon the payment of such charges as may be specified by the Commissioner generally or specially in each case;
(c) prohibit access to premises from any particular public street carrying high speed vehicular traffic;
Provided that the Commissioner shall not take action without the sanction of the Corporation in cases under clauses(a) and (c).
(2) Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applied generally to all public streets.
216. (1) If any part of a building abutting on a public street is within the regular line of that street the Commissioner, may, whenever it is proposed to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street by any order which he issues concerning the additions to rebuilding, construction, repair or alterations of such building require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of the public street falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Commissioner may forthwith, take possession on behalf of the Corporation of the portion of the land within the regular line of the street theretofore occupied by the said building and, if necessary, clear the same.
(3) Land acquired under this section shall be deemed to be a part of the public street and shall vest in the Corporation.
217. (1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Commissioner it is necessary to set back the building or part thereof to the regular line of the street, he may, by notice served on the owner in accordance with the provisions of this Act require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Commissioner on behalf of the Corporation.
(2) If such owner fails to show cause as required by sub-section(1) , the Commissioner may, with the approval of the Corporation, require the owner by another notice to be served on him in accordance with the previsions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as specified in the notice.
(3) If within such period the owner of the building fails to pull down the building or part thereof as required by the Commissioner, the Commissioner, may pull down the same and all the expenses incurred in doing so shall be paid by the owner and be recoverable from him as an arrear of tax under this Act.
(4) The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the regular line of the street occupied by the said building or part thereof and such land shall thereupon be deemed to be a part of the public street and shall vest in the Corporation.
227. (1) Except as provided in section 228, no person shall erect, setup, add to or place against or in front of any premises any structure or fixture which will,-
(a) overhang, jut or project into, or in anyway encroach upon and obstruct in any way the safe or convenient passage of the public along, any street; or
(b) jut or project into or encroach upon any drain or open channel in any streets so as in any way to interfere with the use or proper working of such drain of channel or to impede the inspection or cleansing thereof.
(2) The Commissioner may by notice require the owner or occupier of any premises to remove or to take such other action as he may direct in relation to any structure or fixture which has been erected, set-up, added to or placed against, or in front of the said premises in contravention of this section.
(3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set-up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice.
230. (1) No person shall, except with the permission of the Commissioner granted in this behalf erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstructure to or an encroachment upon, or projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or wall in any street or upon any public place any stall, chair, bench, box ladder, bale or other think whatsoever so as to form an obstruction thereto or encroachment thereon.
(3) Nothing in sub-section(1) shall apply to any erection or thing to which clause © of sub-section(1) of section 235 applies and nothing in sub-section (2) shall apply to building materials.
BUILDING REGULATIONS.
241. In this chapter, unless the context otherwise requires, the expression “to erect building” means.-
(a) to erect a new building on any site whether previously built upon or not;
(b) to re-erect.-
(i) any building of which more than one-half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or
(ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or
(iii) any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down;
(c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose;
(d) to convert into more than one dwelling houses a building originally constructed as one dwelling house only;
(e) to convert into a place of religious-worship or into sacred building any place or building not originally constructed for such purpose;
(f) to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space;
(g) to convert two or more tenements in a building into greater or lesser number;
(h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the charge;
(i) to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this Act or in any bye-laws made there-under or in any other law, into a building which has it been originally erected in its converted form, would have been subject to such building regulations; and
(j) to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than a dwelling house.
244. (1) Every person who intends to execute any of the following works, namely:-
(a) to make any addition to a building;
(b) to make any alteration or repairs to a building involving the removal or re-erection of in any external or partition wall thereof or of any wall which supports the roof thereof to an extent exceeding one half of such wall above the plinth level, such half to be measured in superficial meters;
(c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one half of such wall above plinth level, such half to be measured in superficial meters;
(d) to make any alteration in a building involving,-
(i) the sub-division of any room in such building so as to convert the same into two or more separate rooms; or
(ii) the conversion of any passage or space in such building into a room or rooms;
(e) to repair, remove, construct, reconstruct, or make any addition to or structural alteration in any portion of a building abutting on a street which stands within the regular line of such street;
(f) to close permanently any door or window in an external wall; and
(g) to remove or reconstruct the principal stair case or to alter its position, shall apply for sanction by giving notice in writing of his intention to the commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.
246. (1) The Commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section(2) of this section or the provisions of section 250.
(2) The grounds on which the sanction of a building or work may be refused shall be the following namely:-
(a) that the building or work, or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law;
(b) that notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf;
( c) that any information or documents required by the Commissioner under this Act or any bye-laws made thereunder has or have not been duly furnished;
(d) that in cases falling under section 222 lay out plans have not been sanctioned in accordance with section 223;
(e) that the building or work would be an encroachment on Government land or land vested in the Corporation;
(f) that the site of the building or work does not abut an a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site.
(g) that the building or work would be in contravention of any scheme sanctioned under section 260; and
(h) that a building for habitation, does not provide for a flush or a water seal latrine.
(3) The Commissioner shall communicate the sanction to the person who has given the notice; and where he refuses sanction on any of the grounds specified in sub-section(2) of this section or under section 250 he shall record a brief statement of his reasons for such refusal and communicate the refusal alongwith the reasons therefore to the person who has given the notice.
(4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf.
252. In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable material except with the written permission of the Commissioner not shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in subsequent year except with fresh permission obtained in this behalf.
253. (1) Where the erection of any work has been commenced, or is being carried on or has been completed without or contrary to the sanction referred to in section 246 or in contravention of any condition subject to which such sanction has been accorded or in contravention of the provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than seven days from the date on which a copy of the order of demolition with a brief statement of the reasons therefore has been delivered to that person) as may be specified in the order of demolition;
Provided that no order of demolition shall be made unless the person has been given, by means of a notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause why such order should not be made;
Provided further that where the erection or work has not been completed, the Commissioner may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-section(2),
(2) Any person aggrieved by an order of the Commissioner made under sub-section(1) may prefer an appeal against the order to District Judge of the Municipal area within the period specified in the order for the demolition of the erection or work to which it relates.
(3) Where an appeal is preferred under sub-section(2) aginst an order of demolition, the District Judge may stay the enforcement of that order on such terms, if any, and for such period, as it may think fit:
Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the District Judge, unless reasonable opportunity of being heard is afforded to the Commissioner and security sufficient in the opinion of the District Judge, has been furnished given by the appellant for nor proceeding with such erection or work pending the disposal of the appeal.
(4) Save as provided in this section no court shall entertain any suit, application or other proceedings for injunction or other relief against the Commissioner or restrain him from taking any action or making any order in pursuance of the provisions of this section.
(5) Every order made by the District Judge on appeal and subject only to such order, the order of demolition made by the Commissioner shall be final and conclusive.
(6) Where no appeal has been preferred against an order of demolition made by the Commissioner under sub-section(1) or where an order of demolition made by the Commissioner under that sub-section has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period specified therin or, as the case may be, within the period, if any fixed by the District Judge on appeal, and on the failure of the person to comply with the order within such period, the Commissioner may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES.
303 (1) No person shall-
(a) in any public street or public place:-
(i) ease himself; or
(ii) carry meat exposed to public view; or
(iii) picket animals or collect carts; or
(iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall or neglect to sweep any or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(v) without proper authority affix, upon any building, monument, post, wall, fence, trees or other things, any bill, notice or other documents; or
(vi) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or
(vii) without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or
(viii) without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm, water-drai, sign-board or other materials of any such street or any lamp, bracket, direction post, hydrant or water-pipe maintained by the Corporation in any such street or place, or extinguish a public light; or
(ix) carry rubbish, filth or other polluted or obnoxious matter at any hour prohibited by the Commissioner by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the Commissioner, or fail to close such cart or receptacle when in use; or
(b) carry rubbish, filth or other polluted or obnoxious matter along any route in contravention or any prohibition made in this behalf by the Commissioner by public notice; or
(c) deposit, or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted or obnoxious matter in any place not intended for the purpose or in any public street or public place or unoccupied and under the management of the Corporation; or
(d) make any grave or burn or bury any corpse at any place not set apart for such purpose; or
(e) at any time or place at which the same has been prohibited by the Commissioner by public or special notice, beat a drum or tomtom or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music; or
(f) disturb the public peace or order by signing, screaming or shouting or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or
(g) let loose any animal so as to cause, or negligently allow any animal to cause injury, danger, alarm or annoyance to any person; or
(h) save with the written permission of the Commissioner and in such manner as he may authorise store or use night-soil, cow-dung, manure, rubbish or any other substance omitting an offensive smell; or
(i) use or permit to be used as a latrine any place not intended for that purpose;
(2) Every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place.
(3) The owner or keeper of any animal shall not allow it straying in public street or public place without a keeper.
(4) Any animal found straying as aforesaid may be removed by an officer or employee of the Corporation or by any police officer to a pound.
(5) Any swine found straying in a public street or public place shall be liable to be destroyed by any officer or other employee of the Corporation appointed in this behalf.
MARKETS, SLAUGHTER HOUSES, TRADES AND OCCUPATION.
313. (1) The Commissioner, when authorized by the Corporation in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter houses and may provide and maintain in such markets, buildings and places, machine, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter houses shall be under the control of the Commissioner who may at any time, by public notice, close any Municipal market or slaughter house or any part thereof.
316 (1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impost.
(2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the Corporation and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence;
Provided that no such licence shall be cancelled without giving an opportunity of being heard to the licence.
(4) A private market of which the licence has been suspended or cancelled as aforesaid, shall be closed with effect from such date as may be specified in the order of suspension or cancellation.
324. (1) No person shall use or permit to be used any premises for any of the following purposes, without or otherwise than in confirmity with the terms of a licence issued by the Commissioner in this behalf, namely:-
(a any of the purposes specified in Part-I of the Schedule I;
(b) any purpose which is, in the opinion of the Commissioner dangerous to life, health or property or likely to create a nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(d) storing any of the articles, specified in Part II of the Schedule-I except for domestic use of those articles:
Provided that the Corporation may declare that premises in which the aggregate quantity of article stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such articles shall be exempted from the operation of clause(d).
(2) In prescribing the terms of a licence granted under this section for the use of premises as mills or iron yards or for similar purposes the Commissioner may, when he thinks fit, require the licence to provide a space or passage within the premises for carts for leading and unloading purposes.
(3) The Corporation shall fix a scale of fees to be paid in respect of premises licenced under sub-section (1):
325. (1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention or the provision of section 324 or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, The Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them, shall be recoverable by sale by auction of these animals or birds:
Provided that anyone claiming such animals or birds may, within seven days of this seizure get them released on his paying all expense incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animals or birds, and on his producing a licence for keeping these animals and birds issued under the provisions of section 324.
(2) Whenever the Commissioner is of the opinion, that the user of any premises for any of the purpose referred to in sub-section (1) of section 324 in causing a nuisance and such nuisance should be immediately stopped, the Commissioner may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order, and in the event of the failure of the owner or occupier to comply with such order, the Commissioner may himself or by an officer subordinate to him cause such user to be stopped.
(3) Wthout prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this Act.
REGULATION OR FELLING AND PLANTING TREES.
339. No person shall cut, damage, destroy, fell or remove any tree of the prescribed class, whether included in a private holding or not, within the jurisdiction of the Municipal Corporation, except with prior permission obtained from the State Government under the provisions made in this Chapter or any rules made thereunder.
Explanation,- For the purpose of this section the expression “damage” in relation to a tree shall include,-
(a) girdling, drilling of holes, boring and use of poisonous substance;
(b) cutting and exposure or roots or making a tree dangerous;
(c) setting fire to a tree or its branches;
(d) debarking or stripping of the bark;
(e) extraction of resin and gum;
(f) lopping of branches;
(g) extraction and removal of torchwood;
(h) damage to trees by throwing debris or stones;
but such damages shall not include the damage which is caused.-
(1) by the bonafide exercise of the rights of the right holders of the area:
(2) by lopping of branches of trees which are grown mainly for fodder, horticultural or ornamental purposes.
344. (1) Any person intending to cut, fell or remove a tree within the territorial jurisdiction of the corporation shall make an application to the Tree Officer, in such form and containing such particulars and accompanied by such documents as may be prescribed.
(2) Such application shall be accompanied by such fee as may be prescribed.
345. (1) On receipt of application from any person to fell any standing tree or to cut, lop, remove or otherwise dispose of a fallen tree, the Tree Authority shall, after making such inquiry as it may thing fit, and with prior approval of the Government either permit in whole or in part or refuse the permission applied for:
Provided that no such permission shall be refused if the tree,-
(i) is dead, diseased or wind-fallen; or
(ii) constitute a danger to life or property; or
(iii) is substantially damaged or destroyed by fire lightning, rain or other natural causes.
(2) Where permission to fell a standing tree or to cut, remove or otherwise dispose of a fallen tree is granted, the Tree Authority may impose condition that the applicant shall plant another tree or trees of the same or other suitable species preferably on the same site within sixty days of the date on which the tree is felled or within such extended time as the Tree Authority may allow.
(3) The permission granted under this section shall be valid for a period of 180 days from the date on which the sanction is conveyed to the applicant. If the applicant fails to cut, fell, lop or remove the tree permitted to be cut, felled, lopped, or removed within the aforesaid period of 180 days, the permission granted shall lapse, unless the applicant obtains from the Commissioner an extension of time on an application for extension and payment or prescribed fee.
383. Whoever-
(a) contravenes any provision of any of the section, sub-sections, clauses, provisions or other provisions of this Act, mentioned in the first column of the table in the Second Schedule; or
(b) fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions shall be punishable-
(i) with fine which may extend to the amount, specified in the third column of the said Table; and
(ii) in the case of a continuing contravention or failure; with an additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.
384. Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing failure or contravention with an additional fine which may extend to fifty rupees for everyday after the first, during which he has persisted in the failure or contravention.