Rangoon Municipal Act

1. Extent. 2. * * * * 3- Definitions. CHAPTER II. The Municipal Constitution. Principal Municipal Authority. 4- Principal Municipal Authority. Subordinate Municipal Authorities- 5* Education Board. 6- Committees- The Corporation- 7- The Corporation. 8- Term of office of councillors. 9- Casual vacancies how to be filled up- 10- Qualification of electors and councillors. 11- Councillors to take oath of allegiance. 12- Disqualification for election as, or being a, councillor.

13. Cessation of office of councillor. 14- Questions as to disqualification to be determined by the Chief Judge of the Rangoon City Civil Court. Election Disputes.

15. Election petitions to be heard and disposed of by the High Court-

16. Exclusion of suits relating to elections- The Mayor.

17. Appointment of Mayor. Proceedings-

18. Meetings. . ..

19. WlîÇfl çoynçjHors not to vote or take part in the discussion of matter!* 212 Rangoon Municipal• Sections.

20. Preservation of order at meetings.

21. Right of Commissioner to speak at meetings. Validity of Proceedings. 22- Vacancy not to invalidate proceedings.

23. Proceedings of Corporation not vitiated by disqualification of members thereof-

24. Proceedings of meetings to be deemed to be good and valid until the contrary is proved. CHAPTER III. Duties and Powers of the Corporation.

25. Matters to be provided for by the Corporation. 26- Matters which may be provided for by the Corporation at its discretion. CHAPTER IV. Municipal Officers and Servants. Chief Executive Officer.

27. The Commissioner.

28. Provisions where Commissioner is a servant of the Government. Municipal Officers and Servants generally. 29-, Heads of Departments.

30. Provision for filling vacancies in offices of superior officers.

31. Appointment of other officers and servants. 31 A. Payment of pensions, gratuities or compassionate allowances to dependants of officers or servant».

32. Acting appointments.

33. Municipal officer or servant not to be interested in any contract with the Corporation.

34. Power of suspending, punishing and dismissing, in whom to vest-

35. Extraordinary pension in case of officer or servant injured or killed in execution of his duty. Essential Officers and Servants. 36- Essential officers and servants. Rangoon Municipal. 213 CHAPTER V. Municipal Property and Liabilities, Sections. 37- Powers of Corporation as to acquisition of property.

38. Property vested in Corporation.

39. Property of public institutions managed by municipal authority to be held in trust.

40. The management of a provident fund for municipal officers and servants.

41. Power to acquire immoveable property-

42. Disposal of municipal property.

43. Resumption by Government. CHAPTER VI. Loans.

44. Power of Corporation to borrow money.

45. Power of, Corporation to open credit cash account with a Bank,

46. Limit of borrowing powers,

47. Form of debentures.

48. Coupons attached to debentures to bear signature in the prescribed manner.

49. Debentures issued to two or more persons jointly.

50. When and how loan shall be repaid.

51. Maintenance of sinking fund-

52. Power of Corporation to consolidate loans.

53. Investment of sinking fund.

54. Corporation may invest in its own debentures-

55. Application of sinking funds towards the discharge of the loan. 56- Provisions for loans raised by the Municipal Committee of Rangoon.

57. Annual examination of sinking funds.

58. Attachment of Municipal Fund in default of repayment of loan..

59. Attachment of Municipal Fund in default of the Corporation paying into the sinking fund the deficit amount-

60. Annual statement to be prepared by Corporation- CHAPTER VII. Revenue and Expenditure* Funds and Accounts•

61. Constitution of the Municipal Fund*

62. Application of Municipal Fund- 214 Rangoon Municipal. Sections.

63. The Education Fund.

64. Receipt and disposal of payments on account of the Municipal Fund.

65. How the funds shall be drawn against. 66- Deposit of portion of Municipal Fund outside Rangoon. 67- Investment of surplus moneys. 68- Accounts to be kept in a form approved by the President of the Union.

69. Publication of annual administration report and statement of accounts. Budgets.

70. Prohibition of expenditure not budgeted for.

71. Preparation of Budget Estimates.

72. Reduction or transfer by the Corporation of budget grants. 73- Corporation may increase amount of budget grants and make additional grants-

74. Rules as to unexpended budget grants.

75. Readjustment of income and expenditure to be made by the Corporation during the course of the financial year whenever necessary.

76. Powers of Education Board with regard to Education Fund. Audit.

77. Monthly scrutiny of accounts.

78. Audit of municipal accounts- CHAPTER VIII. Municipal Taxation. Taxes• 79- Taxes to be imposed under this Act.

80. Property taxes.

81. General tax on what properties to be levied.

82. Fire-brigade tax may be levied at different rates on different classes of buildings.

83. Lighting-tax on what property to be levied-

84. Conservancy-tax on what property to be levied.

85. Water-tax on what property to be levied.

86. Responsibility for payment of property taxes. Rangoon Municipal. 215 Exemptions. Sections.

87. Buddhist monasteries exempt from all municipal taxation.

88. Remission or refund of property taxes on account of vacancies.

89. Exemption to vacant land vested in Development Trust.

90. Power to exempt from taxation. Appeals and Assessments-

91. Appeals against valuations.

92. Taxation and contribution in lieu of taxation on State property.

93. Assessment of property held by the Commissioners for the Port of Rangoon. CHAPTER IX. Conveniences. Municipal Drains.

94. Cleansing drains.

95. Places for emptying of drains and disposal of sewage.

96. Provision of means for disposal of sewage.

97. Alteration and discontinuance of drains. Drainage of Premises.

98. Drainage of premises situate within a hundred feet of a municipal drain.

99. Drainage of premises not situate within a hundred feet of a municipal drain.

100. New buildings not to be erected without drains.

101. Sewage and rain-water drains to be distinct.

102. Rights of owners and occupiers of premises to carry drains through lands belonging to other persons.

103. Obligation of owners of drains to allow use of or joint ownership therein to others.

104. How right of use or joint ownership of a drain may be obtained by a person other than the owner.

105. Corporation may authorize person other than the owner of a drain to use the same or declare him to be a joint owner thereof.

106. Power of Corporation to drain premises in combination.

107. Connecting drains to be constructed at expense of owners of premises.

108. Corporation may close or limit the use of existing private drains.

109. Affixing of pipes for ventilation of drains.

110. Right of Corporation to drains constructed at charge of Municipal Fund on premises not belonging to Corporation^ 216 Rangoon Municipal. Scavenging and Cleansing• Sections.

111. Deposit of rubbish and offensive matter. 112- Collection and removal of sewage, etc.

113. Least practicable nuisance to be caused. Water Supply-

114. Water-supply.

115. General powers for supplying the City with water.

116. Power of access to municipal water-works.

117. Prohibition of erection of any building which would injure sources of water-supply.

118. Prohibition of bathing in. or polluting, water.

119. Occupier of premises to be primarily liable for certain offences against the Act. General provisions with reference to Drainage. Water-supply and other Mains. 120- Power of carrying wires, pipes, drains, etc.

121. Buildings not to be erected without permission over drains or water, gas or air mains.

122. Compensation for damage. CHAPTER X. Public Health and Safety. Factories and Trades-

123. Factory not to be newly established without permission of Corpora­ tion.

124. Regulation of dangerous and offensive trades. Markets and Slaughter-houses.

125. Private markets not to be kept open without a licence. 126- Licensing of sale of meat outside market. 127- Prohibition of establishment of slaughter-houses. 128- Inspection of places for illicit slaughter of animals and seizure carcases so slaughtered-

129. Levy of charges in municipal markets and slaughter-houses. Weights and Measures•

130. Inspection of markets and seizure of weights and measures. Rangoon Municipal. 217 Seizure of Animals- Sections-

131. Inspection and seizure of animals. Food, Drink and Drugs-

132. Prohibition of sale of diseased animals or unwholesome articles intended for human food.

133. Adulteration of food, drink or drugs.

134. Standardized food and drugs.

135. Substitutes.

136. Provisions relating to prosecutions.

137. Liability of warrantors. 138- Inspection of place for sale of food or drink, and seizure of unwholesome articles or utensils found therein.

139. Seizure of articles during importation or transport.

140. Destruction of animals and articles seized under section 138 or 139.

141. Taking before Magistrate of animals and articles seized under section 138 or 139­

142. Foods and drugs directed to be destroyed deemed to be the property of the Corporation.

143. Power of dealer in, or purchaser of, article to have it analysed. 144- Purchase or seizure of article of food, drink or drug for purposes of analysis- Disposal of the Dead-

145. President may direct the closing of any place for the disposal of the dead. 146- President may sanction the re-opening of places that have been closed for the disposal of the dead. _

147. Burials and exhumations not to be made without the permission of the Corporation. Emergency Provisions.

148. Emergency measures on outbreak of any dangerous disease.

149. Destruction of huts and sheds when necessary.

150. Power to destroy infected clothing, etc.

151. Emergency measures in unforeseen disasters.

152. Action by Commissioner to be reported. CHAPTER XI. Buildings and Streets. Buildings.

153. Prohibition of erection or re-erection of buildings without permission of Corporation. 218 Rangoon Municipal. Sections.

154. Completion certificates and permission to occupy or use buildings.

155. Power of Corporation to direct removal of person from buildings in which works are being unlawfully carried on or which are unlawfully' occupied. 156- Provisions regarding buildings unfit for human habitation.

157. Removal of buildings in ruinous or dangerous state.

158. Reclamation of low-lying sites.

159. Power to prohibit re-erection of building on insanitary site. Public Streets.

160. Closing of public streets-

161. Disposal of land forming site of public street. 162- Permission to lay tramways or railways on public streets to need the sanction of the Corporation and confirmation by the President..

163. Prohibition of projections upon streets. Power to require removal of the same. 164- Power to require removal of the projection made before Burmc Municipal Act, 1884, came into force. Private Streets.

165. Notice of intention to lay out new private street to be given to Corporation.

166. Level of new private streets to be determined by the Corporation.

167. New private street not to be made and buildings on either side thereof not to be erected except in accordance with Corporation’s direction or approval.

168. Levelling and draining of private streets. Conversion of Private into Public Streets- 169- Power to declare private streets, when sewered, public streets- Building Schemes •

170. Power to regulate future construction of certain classes of buildings in particular streets or localities.

171. Procedure for Corporation to prescribe building line and street alignment.

172. Erection or re-erection of building beyond street alignment prohibitefl.

173. Setting forward of front to building line.

174. Buildings at corner of streets. . 175. . Preparation of standard plans for division of lands into building sites. Rangoon Municipal­ 219 Saving as to Development Trust. Sections-

176. Power to exempt operations of Development Trust. CHAPTER XII. General Provisions for the carrying on of Municipal Administration. Validity of Contracts-

177. Contracts. Licences and Written Permission.

178. Licences and written permission. Power of Entry and Inspection.

179. Power of entry on premises for purposes of inspection, survey or execution of necessary work. 180- Power of entry on lands adjacent to works.

181. Right of entry into and inspection of premises licensed for any purpose. Enforcement of Orders to execute Works.

182. Execution of works which any person is required to execute by the Corporation at such person’s cost.

183. In default of owner the occupier of any premises may execute required work and recover expenses from the owner-

184. Limitation of liability of agent or trustee of owner. Recovery of Expenses incurred by the Corporation.

185. Expenses recoverable under this Act to be payable on demand.

186. Corporation may receive payment in instalments.

187. Expenses incurred by Corporation may be declared improvement expenses and recovered by instalments.

188. In cases falling under section 185 disputes to be determined by the Chief Judge of the Rangoon City Civil Court. Payment of Compensation by Corporation.

189. Compensation to owner for value of immoveable property deteriorated*

190. Procedure on complaint of injury.

191. Saving of right to claim damages for injury-

192. Payment of compensation.

193. Amount of expenses or compensation to be determined in all cases of dispute by the Chief Judge of the Rangoon City Civil Court. 220 Rangoon Municipal- Recovery of Dues- Sections- 194- Recovery of arrears of taxes and other dues.

195. Writing off irrecoverable taxes. Interference with Municipal Officers.

196. Corporation not to be prevented from exercising power of entry.

197. Prohibition of obstruction of contractor.

198. Prohibition of removal of mark. Legal Proceedings.

199. Decision of the Chief Judge of the Rangoon City Civil Court. 200- Procedure in inquiries before civil Courts,

201. Fees in proceedings before civil Courts.

202. Limitation of time. Suits.

203. Indemnity for acts done in good faith.

204. Protection of persons acting under this Act against suits. CHAPTER XIII- Punishment of Offences.

205. Certain offences punishable with fine.

206. Continuing offences.

207. Certain offences punishable with imprisonment without option of fine

208. Punishment of offences relating to the terminal tax.

209. Punishment for acquiring share or interest in contract, etc-, with the Corporation. 210- Punishment for essential officer leaving employment. Procedure in Municipal Prosecutions.

211. Offenders against this Act may in certain cases be arrested by the police and municipal officers or servants.

212. Jurisdiction of City Magistrates.

213. Procedure in prosecutions.

214. Limitation of time for prosecution.

215. Power of Magistrate to hear cases in absence of accused-

216. Report of Municipal Analyst.

217. Compensation to be paid by offenders against this Act for any damage caused by them-

218. Recovery of licence fees on conviction.

219. Compounding offences against this Act. Rangoon Municipal• 221 CHAPTER XIV. Alteration of Limits of the City. Sections. 220- Notification of intention to alter limits of Rangoon. 221- Elfcct of exclusion of local area.

222. Effect of including local area. CHAPTER XV. Control by the President of the Union.

223. Power of President to suspend action under Act.

224. Power of President to call for extracts from proceedings.

225. Power of President for purposes of examination and inspection. 226- Power cf President to require municipal authority to take action. 227- Power of President when municipal authority fails to take action. 228- Power to President to dissolve Corporation in case of incompetency. persistent default or excess or abuse of powers. CHAPTER XVI. Schedules and Rules.

229. Schedules to be part of the Act.

230. Alteration of and addition to Schedules.

231. Power to make rules enforceable outside the City.

232. Power to make rules subject to the sanction of the President and all rules to be published.

233. Power of the President to make rules-

234. Penalty for breach of rules.

235. Matters in respect of which rules may be made.

236. The High Court to make rules for regulating the procedure of the Rangoon City Civil Court. CHAPTER XVII. Supplemental Provisions.

237. Councillors to be deemed to be public servants-

238. Co-operation of police.

239. Informalities and errors in assessments not to be deemed to invalidate such assessments. 222 Rangoon Municipal. Sections.

240. Disputes between Corporation and local authorities-

241. Disputes between Corporation and President. SCHEDULES I—V. [Not RE-PRINTED]. SCHEDULE VI. Boundaries of the City of Rangoon. THE CITY OF RANGOON MUNICIPAL ACT. [Burma Act VI, 1922.] (1st August, 1922.) CHAPTER I. Preliminary. Extent. 1. This Act extends to the City of Rangoon t only : Provided that the President of the Union may, by notilication, extend this Act or any part thereof to any other local area in the Union of Burma. 2. * * * * »

3. In this Act, unless there is something repugnant in the subject or Definitions. context,— ' (i) “ authorized ” means authorized by the Corporation either generally or specially ; (ii) “ bakery ” means any place in which are baked or cooked bread, biscuits or confectionery, for the purposes of sale or profit ; _ (iii) “budget grant” means any sum entered on the expenditure side of a budget estimate which has been approved by the Corpora­ tion and includes any sum by which such budget grant may at any time be increased under clause (b) of section 72 or under section 73 or 76 ; (iv) “ building ” means a house, hut, shed or other roofed structure, for whatsoever purpose and of whatsoever material constructed, and every part thereof, but shall not include a tent or other portable and merely temporary shelter ; (v) “ building line ” means a line to which the main wall of a building abutting on a street may lawfully extend ; (vi) ***** (vii) “the City” means the City of Rangoon, as described in Schedule VI as amended from time to time ;1 1 See clause (vii) ol section 3 and Schedule VI. Rangoon Municipal 223 (viii) “ closet accommodation ” means a receptacle for human excreta, together with the structure comprising such receptacle and the fittings and apparatus connected therewith ; (ix) “ the Commissioner ” means the Municipal Commissioner for the City appointed under section 27, and includes any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Commissioner to the extent to which such officer is so empowered ; (x) “ the Corporation ’* means the Municipal Corporation of the City of Rangoon constituted under section 4 ; (xi) “ councillor ” means a member of the Corporation duly elected or appointed under this Act ; (xii) “dangerous disease” means cholera, plague, small-pox or any other disease which the Corporation may by public notice declare to be a dangerous disease ; (xiii) “ drain ” includes a sewer, tunnel, pipe, ditch, gutter or channel, and any cistern, flush-tank, septic tank, or other device for carrying oft or treating sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water, and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place ; (xiv) the expression “ erect or re-crcct any building ” includes— (a) any material alteration or enlargement of any building ; (b) the conversion into a place for human habitation of any building not originally constructed for human habitation ; (c) the conversion into more than one place for human habitation of a building originally constructed as one such place ; (d) the conversion of two or more places of human habitation into a greater number of such places ; (e) such alteration of the internal arrangements of a building as effects an alteration in its drainage or sanitary arrangements or affects its stability ; (/) the addition of any rooms, buildings, out-houses or other structures to a building ; and (g) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of a wooden building ; (xv) “ factory ” means— (a) any premises wherein, or within the precincts of which, on any one day in the year not less than twenty persons are simultaneously employed and steam, water or other mechanical power or electrical power is used in aid of any 224 Rangoon Municipal. process for, or incidental to, making, altering, repairing, ornamenting, finishing or otherwise adapting for use, for transport or for sale any article or part of an article ; or (b) any premises wherein, or within the precincts of which, on any one day in the year not less than ten persons are simulta­ neously employed and any such process is carried on, whether any such power is used in aid thereof or not, which havb been declared by the President of the Union, by notification, to be a factory ; A declaration under sub-clause (b) may be made in respect of any class of premises, or in respect of any particular premises ; (xvi) “ keeper ” means the person in charge of a lodging-house, and may include the owner for the purposes of any rules ; Cxvii) “land” includes land which is built upon or covered with water ; (xviii) “licensed plumber” and “licensed surveyor’’.mean, respectively, a person licensed by the Corporation as a plumber or surveyor under this Act ; (xix) “local authority” includes the Trustees for the De velopment of the City of Rangoon ; (xx) “ lodging-house ” means a building or part of a building— (а) which is let in lodgings ; or (б) which is occupied to any extent in common by members of more than one family, and the rent of which does not exceed one hundred rupees per month ; or (c) which is let as a human habitation for a period of less than a month : provided that this definition shall not include hotels or boarding-houses, when the daily charge for board and residence is not less than one rupee : (xxi) “market” includes any place where persons periodically assemble for the sale of meat, fish, fruit, vegetables, livestock or any other article of food ; 21 and 22 (xxii) “the Medical Acts” means the Medical Act, 1858, and the Acts Vict., c. 90. amending the same ; (xxiii) “municipal analyst” means any qualified person who has been appointed by the Corporation to perform the duties of an analyst ; (xxiv) “ municipal drain ” means a drain vested in the Corporation ; (xxv) “ municipal market ” means a market vested in or managed by the Corporation : (xxvi) “municipal slaughter-house v means a slaughter-house vested in or managed by the Corporation : (xxvii) “ municipal tax ” means any impost levied under the provisions of this Act by the Corporation ; (xxviii) “municipal water-work” means a water-work vested in or managed by the Corporation ; Rangoon Municipal- 225 (xxix) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property ; (xxx) “ offensive matter ” includes animal carcases, dung, dirt, putrid or putrifying substances, and filth of any kind which is not included in “ sewage ” ; (xxxi) “ owner ” includes the person who for the time being receives the rent of any building or land, whether on his own account or as agent or trustee, or who would so receive the rent if the building or land were let to a tenant, but does not include the Government ; (xxxii) “ prescribed ” means prescribed by this Act or by any rule under this Act ; (xxxiii) “ private street” means a street which is not a public street; (xxxiv) the term “ public securities ” means Government securities and any securities guaranteed by Government, securities of the Commissioners for the Port of Rangoon, securities issued by the Corporation, securities heretofore issued by the Municipal Committee of Rangoon, and any other securities which the President of the Union may declare to be public securities for the purposes of this Act ; (xxxv) “ public street ” means any street heretofore paved, metalled, channelled or sewered by the Municipal Committee of Rangoon, and any street which becomes a public street under any of the provisions of this Act ; (xxxvi) a person is deemed “to reside” in any dwelling which he sometimes uses or some portion of which he sometimes uses, though perhaps interruptedly, as a sleeping apartment; and a person is not deemed to cease “ to reside ” in any such dwelling merely because he is absent from it, or has elsewhere another dwelling in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning thereto ; (xxxvii) “ rubbish ” includes dust, ashes, broken bricks, mortar, broken- glass, garden or stable refuse and refuse of any kind which is not “ offensive matter ” or “ sewage ” ; (xxxviii) “ rules ” means rules and forms contained in Schedules 1 I. II. Ill or IV or made under sections 230. 231, 233 or 236 ; (xxxix) “ sewage ” includes nfght soil and other contents of water-closets, latrines, urinals, privies and cesspools, and polluted water from sinks, bath-rooms, stables, cattlesheds and other like places ; (xl) “ sewage-connection ” includes any drain connecting any water-closet, latrine, urinal, privy, bath-room, sink, sullage-tray. » For these Schedules, see the City of Rangoon Municipal Manual. 15. 226 Rangoon Municipal■ manhole or trap, with any drain set apart by the Corporation for sewage and other offensive matter ; (xli) “ street ” includes any highway and any cause-way, bridge, viaduct, arch, road, lane, foot-way, square, court, alley or passage, whether a thoroughfare or not, over which the public have a right of passage or access, and also the surface-soil, sub-soil, foot-way and drains of any street, and anything planted in such soil ; (xlii) “ street alignment ” means a line dividing the land comprised in and forming a part of a street from the adjoining land; (xliii) “ vehicle ” means a wheeled conveyance capable of being used on a street ; (xliv) “ water-closet ” means closet accommodation used or adapted or intended to be used in connection with municipal water­ works, and comprising provision for the flushing of the receptacle by means of a water supply, and* having connection with a sewer ; (xlv) “ water-connection ” includes— (a) any tank, cistern, hydrant, standpipe, meter or tap situated oh private property and connected with a water-main or pipe belonging to the Corporation ; and (b) the water-pipe connecting such tank, cistern, hydrant, standpipe, meter or tap with such water-main or pipe ; (xlvi) “ water for domestic purposes ” shall not include water for cattle, or for horses, or for washing vehicles, when the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, or water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental purposes ; (xlvii) “water-work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, main-pipe, culvert, engine and any machinery, land, building or thing for supplying or used for supplying water ; (xlviii) “ workshop ” means any building, place or premises, or part of any building, place or premises not being a factory, in which, or within the close, compound, or precincts of which, any manual labour is exercised by way of trade or for the purposes of gain in or incidental to any of the following purposes, namely :— (i) the making of any article or part of any article ; or (ii) the altering, repairing, ornamenting or finishing of any article; or (iii) the adapting for sale of any article, and to or over which place or premises, or part of such place or premises the employer of the persons working therein has the right of access or control. Rangoon Municipal- 227 CHAPTER II. The Municipal Constitution. Principal Municipal Authority•

4. The duty of carrying out the provisions of this Act shall, subject to Principal the conditions and limitations herein after prescribed, be vested in a body to Authority, be called “ The Municipal Corporation of the City of Rangoon ” ; and such body shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued. Subordinate Municipal Authorities-

5. The powers conferred and the duties imposed on the Corporation by Education this Act in regard to all matters relating to education shall, subject to such Board- conditions and limitations as may be prescribed and to the general control of the Corporation, be exercised or performed, as the case may be, by an Education Board constituted in the manner prescribed, and in all such matters the Corporation shall seek and consider the advice of the Education Board­ ' 6. (i) The Corporation may, in the manner prescribed, appoint standing committee», committees for the execution and performance of such powers and duties conferred or imposed on the Corporation by this Act as it thinks fit. (2) The Corporation may appoint special committees and refer to such 'committees, for enquiry and report or for opinion, any subject relating to matters dealt with by this Act. The Corporation.

7. The Corporation shall consist of as many councillors not in any case The exceeding forty as may be prescribed, of whom at least three-fourths shall be corporation elçcted in the manner prescribed from the general body of electors and the remainder shall be nominated by the President of the Union or elected by such local authorities and public bodies as may be prescribed : Provided that where no qualified candidate has been duly nominated to represent any ward or community at the time fixed for election the vacancy shall be filled in the manner prescribed in section 15. sub-section (4).

8. All members of the Corporation constituted as aforesaid shall come into office on the first day of March1 following on the date of their election councillor*, or appointment and shall retire from office at noon on the first day of March 1 three years after they take office, which day is in this Act referred to as the day for retirement.

9. In the event of non-acceptance of office by a person elected or casual appointed to be a councillor, or of the death or resignation of a councillor, or of his ceasing to hold office as such, or of his removal by the President of filled up. * Substituted (or the word “ January " by Act LV, 1948. 228 Rangoon Municipal• the Union, or of his becoming incapable of acting previous to the day for retirement, there shall be deemed to be a casual vacancy in the office, and such vacancy shall be filled up, as soon as it conveniently may be, by the election or appointment, as the case may be, of a person thereto, who shall hold office so long only as the councillor in whose place he is elected or appointed would have been entitled to hold it if the vacancy had not occurred> Qualification 10. No person shall vote for, or stand for election as, a councillor unless of electors and council­ he possesses the qualifications prescribed for an elector or councillor, as the lors. case may be. Councillors! 11. Notwithstanding anything contained in section 16 of the Oaths Act, to take oath no councillor shall exercise any of the rights of his office until he has at a of allegiance. meeting of the Corporation made an oath or affirmation that he will be [faithful to the Constitution of the Union]1; and if any councillor fails within three months of his election or appointment, as the case may be (or within such further period as1 the President of the Union may in. any particular case think fit to allow), to make such oath or affirmation he shall be deemed-to have refused acceptance of his office. Disqualifi­ 12. A person shall be disqualified for being elected or appointed and for cation for being a councillor if such person— election as, or being a (а) has been convicted of an offence punishable with imprisonment councillor. for a term exceeding six months, such conviction not having been subsequently set aside and such disqualification not having been removed by an order which the President of the Union is, hereby empowered to make, if he thinks fit, in this behalf; or (б) has been declared by the President of the Union unfit for employ­ ment in, or has been dismissed from, the public service ; or (c) is an undischarged insolvent or bankrupt ; or id) is a municipal officer or servant or a licensed plumber or licensed surveyor ; or (e) is a Judge of the Rangoon [City Civil Court]8 or acting in that capacity ; or (/) has directly or indirectly, by himself or by any partner, employer or employee, any share or interest in any contract or employ­ ment with, by or on behalf of, the Corporation ; or (g) is a director, secretary, manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Corporation : Provided that no person shall be disqualified or be deemed to have any share or interest in such a contract or employment by reason only of his having any share or interest— (i) in any lease, sale, exchange or purchase of immoveable property or any agreement for the same ; or________ ________________ 1 Substituted by the Union ol Burma (Adaptation of Law») Order, 1948. * In this Act the words “ City Civil Court ” were substituted for the words Small LauK Court" by Act XVI, 1946. Rangoon Municipal. 229 (ii) in any agreement for the loan of money or any security for the payment of money only ; or (iii) in any newspaper in which any advertisement relating to the affairs of the Corporation is inserted ; or . (iv) in any occasional sale to the Corporation of any article in which he regularly trades ; or (v) in any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Corporation otherwise than as director, secretary, manager or salaried officer thereof.

13. (/) A councillor shall cease to hold office as such— Cessation of office of (a) ipso facto on his becoming disqualified for office by reason of the councillor. provisions of section 12; (b) on the recommendation of the Corporation if, not being prevented by illness or granted leave of absence by the Corporation, he absents himself from all meetings thereof for a period of three consecutive months. (2) The President of the Union may, if he thinks fit. on the recommendation of the Corporation made after due enquiry, in which the councillor shall have the right to be heard, remove any councillor elected or appointed under this Act if such councillor has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct.

14. Whenever it is alleged that any councillor has become disqualified Questions as to disqualifi­ for office for any reason aforesaid, and such councillor does not admit the cations to be allegation, or whenever any councillor is himself in doubt whether or not he determined by the Chief has become disqualified for office, such councillor or any other councillor or Judge of die the Corporation may apply to the Chief Judge of the Rangoon [City Civil Rangoon City Civil Court]i ; and the said Judge, after making such enquiry as he deems necessary, Court. shall determine whether or not such councillor has become disqualified for being a councillor, and his decision shall be final. Election Disputes. 9

15. (7) If the order of the Commissioner as to the validity of the Election refilions to nomination of any candidate for election as a councillor, or if the qualification be heard and of any person declared to be elected a councillor, is disputed, or if the validity disposed Of by the High of any election is questioned by reason of irregularity in the election proceed­ Cdurt. ings, bribery, corruption, personation, treating, undue influence or for any other cause, any person whose name is entered in the register of electors in the ward or of the community concerned or (in the case of an election by a local authority or a public body) any person entitled to vote in such election may, at any time within eight days after the result of the election has been* * 1 Substituted by Act XV), 1946. *Kor rules of procedure prtsaihed by the High Court for filing and hea-ing <f election petitions, see High Court Notificati. n No. 18 tUeneral), dated the 12th September, 1941, Burma Gazette, 1941, Part IV, p. 829. 230 Rangoon Municipal. declared, apply to the High Court in the exercise of its original civil jurisdk tion for an adjudication on the matter. If the application is for a declarator that any particular candidate shall be deemed to have been elected, tin applicant shall make parties to his application all candidates who. althougl not declared elected, have, according to the results declared by the Commissioner obtained a greater number of votes than the said candidate and proceet against them in the same manner as against the candidate who has beet declared to be elected- (2) If the said High Court, after making such inquiry as it deem! necessary, finds that the election was a valid election, and that the persor whose election is objected to was at the time of the election qualified to tx elected as a councillor and was not disqualified for being a councillor, it shal confirm the declared result of the election. If it finds that the person who» election is objected to was at the time of the election not qualified to lx elected as a councillor or was disqualified for being a councillor it shal declare such person’s election null and void, in which case it shall direct tha the candidate, if any, in whose favour the next highest number of votes i! recorded after the said person or after all the persons who were declared to lx 'elected at the said election, and against whose election no cause of objectior is found, shall be deemed to have been elected. If it finds that the electior is not a valid election it shall set it aside. (3) The order made by a Judge of the said High Court in the cxerci» of its original civil jurisdiction shall be final and conclusive. ‘ (4) If there is no person who may be deemed to be elected " under sub section (2), the Commissioner shall submit a report of the circumstances to tlx President of the Union who may either— (а) appoint a fit person to fill the vacancy : or (б) direct the Commissioner to appoint another day and hold a frcsl election to fill such vacancy. • Exclusion 16. No suit shall be brought in, nor application or appeal lie to, anj of suits Court in respect of any matters relating to the system of representation anc eîecetions°. election, unless such suit, application or appeal is expressly authorized bj this Act. The Mayor. Appointment 17. (l) The Corporation shall, at its first meeting in the month of March1 of Mayor. evcry year, elect one of its number to be Mayor until the first meeting of tlx Corporation in the next following month of March,1 unless the councillors in the meantime retire from office, and then until the day for retirement. (2) Any councillor who ceases to be Mayor may be re-elected as Mayor. (3) If any casual vacancy occurs in the office of Mayor, the Corporation shall, as soon as it conveniently^ can Jaftcr the occurrence of such vacancy, elect one of its number to fill such vacancy, and the Mayor Jso elected shall 1 Substituted for the word “ January ’’ by Act LV, 1948. Rangoon Municipal. 231 continue in office so long only as the person in whose place he is elected would have been entitled to continue therein if such vacancy had not occurred. Proceedings•

18. (/) The Corporation shall meet for the transaction of business at Meetings. Jeast once in each month. (2) No business shall be transacted at any meeting of the Corporation unless the prescribed quorum is present : provided that if at such meeting a quorum is not present, the Mayor shall adjourn the meeting to such other day as he may think fit, and the business which would have been brought before the original meeting, if there had been a quorum present, shall be brought before and transacted at the adjourned meeting whether there is a quorum present thereat or not. (3) Every such meeting shall be presided over by the Mayor, if he is present, and if the office of Mayor is vacant, or if the Mayor is absent, by 6uch one of the councillors present as may be chosen by the meeting to be Chairman for the occasion. (.4) The presiding authority shall have a second or casting vote in all cases of equality of votes- (5) Every such meeting shall be open to the press and the public, unless a majority of councillors present decide that any inquiry or deliberation pending before the Corporation is such as should be held in private : provided that the presiding authority may at any time cause any person other than a councillor to be removed who interrupts the proceedings. (6) A minute containing the names of the councillors present, an account of the proceedings and a statement of every resolution adopted by the Corporation at every such meeting shall be recorded in a book to be kept for the purpose and shall be signed by the presiding authority of the meeting of the Corporation at which such minute is confirmed, and a copy thereof shall be submitted to the President of the Union as soon thereafter as may be practicable.

19. No councillor or member of the Education Board or any standing or When councillors other committee shall vote or take part in the discussion of any matter before not to vote any meeting of the Corporation or of such Board or committee if he or take part in the (a) has, directly or indirectly, by himself or by any partner, employer discussion of or employee, any such share or interest in such matter as is mattes. described in clause (/) of section 12, or is a director, secretary, manager or other salaried officer of an incorporated company which has any such share or interest, or (b) has acted or is acting professionally, in relation to any such matter, on behalf of any person having any such share or interest as aforesaid.

28. Any councillor or member of the Education Board or of any Preservation of order at standing or other committee who, at a meeting of the Corporation or of the meetings. Education Board or of the standing or any other committee, as the case may 232 Rangoon Municipal. be, neglects or refuses to obey any direction of the presiding authority shall be removed from the place of meeting under the orders of such presiding authority and, notwithstanding anything said to the contrary in this Act, shall not be permitted to attend any meeting of the Corporation, or Education Board or any committee, without the express permission of the Corporation granted in that behalf, upon such terms, if any, as to apology, submission, suspension or the like, as the Corporation may in its discretion impose- Sight of 21- The Commissioner shall have the same right of being present at a Coinrria- meeting of the Corporation or of the Education Board or of any standing or sioner to speak at other committee, and of taking part in the discussions thereat, as a councillor meetings. or a member of such Board or committee respectively, and may at any time make a statement or explanation of facts, but he shall not be at liberty to vote upon, or to make, any proposition at any such meetings Validity of Proceedings- Vacancy not 22- No act or proceeding of the Corporation or of the Education Board proceedings, or of any standing committee appointed under this Act shall be questioned on account of any vacancy in its body. Proceedings. 23- No disqualification of, or defect in the election or appointment of, any «ST*- Person acting as a councillor or as the Mayor or presiding authority of the vitiated by Corporation, or as the chairman or as a member of the Education Board or of tlon of mem- any standing committee appointed under this Act, shall be deemed to vitiate bers thereof, any act or proceeding of the Corporation or of such Board or of any Such committee, as the case may be, in which such person has taken part: whenever the majority of persons, parties to such act or proceeding, were entitled to act- Proceedings 24. Until the contrary is proved— of meetings to be deemed (a) every meeting of the Corporation or of the Education Board or of to be good and valid a standing committee in respect of the proceedings whereof a until the minute has been made and signed in accordance with this Ad contrary is proved. shall be deemed to have been duly convened and held, and all members of the meeting shall be deemed to have been duly qualified ; and (b) where the proceedings are proceedings of a standing committee. such committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute- Rangoon Municipal- 233 CHAPTER III. Dutibs and Powers of the Corporation.

25. The Corporation shall make adequate provision, by any means or Matters to measures which it is lawfully competent for it to use, for each of the following matters, namely :— Corporation. (i) the construction or laying out of drains for effectually draining the City, and the maintenance, flushing and cleansing of all municipal drains ; (ii) the erection in proper and convenient situations on municipal land of water-closets, closet accommodation, urinals and other conveniences for the public, and the maintenance and cleansing of the same ; (iii) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish ; (iv) the watering, scavenging and cleansing of all public streets in the City and the removal of all sweeping therefrom ; (v) the management and maintenance of all municipal water-works and the construction or acquisition of new works necessary for a sufficient supply of suitable water for public and private purposes ; (vi) the reclamation of unhealthy localities, the removal of vegetation and generally the abatement of all nuisances ; (vii) the regulation of places for the disposal of the dead and the provision of new places for the said purpose ; (viii) the registration of births and deaths ; (ix) public vaccination in accordance with the provisions of the Vaccination Act; (x) measures for preventing and checking the spread of disease ; (xi) the construction or acquisition of markets and cattle pounds and the maintenance of all municipal markets and cattle pounds; (xii) the regulation of all markets, lodging-houses, camping grounds and rest-houses (zayats) in the City ; (xiii) the construction or acquisition of slaughter-houses and the maintenance and cleansing of municipal slaughter-houses ; (xiv) the regulation of offensive and dangerous trades ; (xv) the formation and maintenance of a fire insurance fund for the protection of municipal property ; _ (xvi) the maintenance of a fire brigade and of suitable appliances for the extinction of fires and the protection of life and property against fire ; (xvii) the maintenance of an ambulance service ; (xviiî) the making secure or removal of dangerous buildings and places (xix) the construction, levelling, maintenance (including metalling or paving and channelling) and improvement of public streets and 234 Rangoon Municipal. the construction and maintenance of public bridges, culverts, causeways and the like ; (xx) the lighting of all public streets and municipal markets and of buildings vested in the Corporation ; (xxi) the removal of obstructions and projections in and upon streets, bridges and other public places ; (xxii) the naming and numbering of streets and the numbering'of buildings and lands ; (xxiii) the construction or acquisition, improvement and maintenance of offices and buildings required for municipal purposes, and the maintenance of all public monuments and other property vested in the Corporation ; (xxiv) the construction or acquisition and maintenance of hospitals for the treatment of contagious or infectious diseases, and the maintenance of any hospital (other than the Rangoon General Hospital), dispensary, poor-house and leper asylum the cost of which may be declared by the President of the Union to be a proper charge on the Municipal Fund; (xxv) the expenses of pauper lunatics and pauper lepers sent to public asylums from the City ; (xxvi) the construction of any encampment ; (xxvii) the maintenance and regulation of any public institution placed by the President of the Union within the sphere of or under the charge of the Corporation ; (xxviii) the maintenance of public parks, gardens, recreation grounds and open spaces which were in existence on the 1st August 1922,1 and are by this Act vested in the Corporation ; (xxix) (a) the establishment of vernacular schools ; the management, visiting and maintenance of all vernacular schools so established or vested in the Corporation and in this Act hereinafter referred to as municipal vernacular schools ; the construction and repair of all buildings connected therewith and the pay and appointment of the teaching staff in such schools; (b) the recognition, control, visiting and aid of vernacular schools under private management ; and (xxx) fulfilling any obligation imposed by this Act or any law for the time being in force. Matters 26. The Corporation may in its discretion provide either wholly or i* be'proUded Part ^or or any l^e f°N°wing matters, namely :— for by the (j) the organisation, maintenance or management of— Corporation _ ° . '• i at its discre- (a) institutions within or without the City for the care ot tne sit t,on- or incurable or for the care and training of the blind or other partially helpless persons or children ;1 1 Date of commencement of this Act. Rangoon Municipal. 235 (b) maternity homes or shelters, dispensaries or milk dépôts for infants ; (c) chemical or bacteriological laboratories (within or without the City) for the examination or analysis of water, food or drugs, for the detection of disease or for researches connected with public health ; (d) public wash-houses, bathing places or other institutions designed for the improvement of public health ; (e) dairies or farms within or without the City for the supply of milk or milk products or for municipal profit or for the purpose of experiments in the breeding of cattle or the cultivation of crops ; (ii) (where and so long as such schools or institutions are recognised by the Government or are under the control of the University of Rangoon)— (а) the establishment, maintenance or management of schools ; (б) the aid of schools under private management ; (c) the promotion or aid of higher or special education in institu­ tions within or in close proximity to the City ; (iii) the building or purchase and maintenance of— (a) dwellings for municipal officers or servants ; (b) suitable dwellings for the poorer and working classes ; (c) sanitary stables or byres for horses, ponies or cattle used in hackney carriages or hack carts or for milch-kine ; (iv) the construction, purchase, organization, maintenance or manage­ ment of tramways, trackless trams, or motor transport facilities for the carriage of the public ; (v) the laying out or maintenance of public parks, gardens or recreation grounds, and planting and care of trees on roadsides and elsewhere ; (vi) the construction and maintenance in the public streets of drinking fountains for men and water-troughs for animals ; (vii) the laying out in areas previously built on or not of new public streets ; and the construction of buildings to abut on such streets ; (viii) the organization or maintenance of libraries, museums, art- galleries, botanical or zoological collections or the purchase or construction of buildings therefor ; (ix) the holding of agricultural, industrial or scientific fairs or exhibitions or of athletic sports ; (x) the promotion of public health or infant welfare; (xi) the organization or maintenance in times of scarcity of shops or stalls for the sale of the^'necessaries of life ; (xii) the prevention of cruelty lo^animals, including the construction or maintenance of infirmaries under the Prevention of Cruelty to Animals Act [ * * * ] i; ____ « Tl»e figures “ 1890 ” were omitted by Act II, 1945. 236 Rangoon Municipal. (xiii) the destruction of crows or any other animals causing nuisance or of vermin or the confinement or destruction of stray dogs or other domestic animals ; (xiv) contributions towards any public fund raised for the relief of human suffering within or without the City ; (xv) music in public places or places of public resort ; (xvi) public ceremonies or entertainments, including the preparation of addresses to persons of distinction : (xvii) (on such terms and conditions as the President of the Union approves) the promotion, formation, extension or assistance of any provident fund or benefit society whose objects include the erection, improvement, maintenance or management of suitable accommodation for the poorer and working classes by any or all of the following means- fa) the acquisition of land with a view to selling or leasing the same to such society ; or (b) the making of grants or loans thereto ; or (c) subscription for any share-capital therein ; or (d) guaranteeing the payment of interest on money borrowed bj such society or of any share-capital issued thereby ; (xviii) the acquisition of immoveable property for any of the purposes above mentioned, or the cost of surveys or examination of such property, or for the construction or adaptation of buildings necessary for such purposes ; and (xix) any measure not hereinbefore specifically named, expenditure whereon is declared by the President of the Union to be an appropriate charge on the Municipal Fund. CHAPTER IV- Municipal Officers and Servants. Chief Executive Officer. The Com­ 27. (/) The Corporation shall appoint a fit person, to be styled the missioner. Commissioner, who shall be the chief executive officer of the Corporation, and to whom all other municipal officers and servants shall be subordinate. (2) The Commissioner shall exercise and perform such powers and duties as are conferred or imposed on him by this Act, and further, such of the powers and duties conferred or imposed on the Corporation as it may, in the manner prescribed, delegate to him. (3) He shall devote his whole time and attention to the duties of his office : provided that he may at any time— (i) be a member of the Union Parliament; or (ii) hold the office of Commissioner for the Port of Rangoon ; or Rangoon Municipal- 237 (iii) be a member of the Board of Trustees constituted under the Rangoon Development Trust Act ; or (iv) be a member of any body constituted under the University of Rangoon Act ; or (v) with the sanction of the Corporation, serve on any committee or tribunal constituted by the President of the Union for the purpose of any local inquiry or for the furtherance of any object of local importance or interest. (4) During any absence or during any vacancy in the office of the Commissioner, the Corporation may appoint a person to act as Commis­ sioner. Every person so appointed shall exercise the powers conferred and perform the duties imposed by this Act or by any other enactment at the time in force on the Commissioner, and shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is liable, and shall receive such monthly salary and allowances within the limits prescribed in section 28 or 29 as the President of the Union or the Corporation, as the case may be, shall determine. (5) Any of the powers, duties or functions conferred or imposed upon the Commissioner by this Act may be exercised, performed or discharged, under the Commissioner’s control and subject to his revision and to such conditions and limitations, if any, as the Corporation shall think fit to provide, by any other municipal officer whom the Corporation generally or specially empowers in this behalf.

28. Where an officer in the service of the Government is appointed to be Provisions where the Commissioner, the pay, allowances, leave privileges and other conditions of Commis­ tenure of the office shall, subject to such rules as may be prescribed, sioner is a servant be determined by the President of the Union after consultation with the of the Corporation ; and sections 29 to 36 shall not apply. Government. Municipal Officers and Servants generally-

29. U) The Corporation shall appoint fit persons to be­ Heads of Departments. ta) Health Officer, Secretary, Assessor and Chief Accountant ; and (b) Chief Engineer or Engineers in charge of separate departments of Municipal Works. (2) Each of the said officers shall— (a) devote his whole time and attention to the duties of his office : provided that, with the sanction of the Corporation, he may undertake other duties for the furtherance of any object of local importance or interest ; . . , (b) receive such monthly salary as the Corporation shall, with the previous sanction of the President of the Union, determine ; and (e) be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of his office, on the votes of 238 Rangoon Municipal not less than two-thirds of the members present at a meeting of the Corporation : Provided that— (i) no person shall be appointed to be Health Officer whose name is not registered under the Medical Acts as the holder of a diploma showing that he has passed an examination ip public health ; (ii) the Corporation may, in its discretion, appoint a person proba* tionally, for a limited period only, to any of the said offices ; (iii) every permanent appointment made under this section shall be subject to confirmation by the President of the Union ; (iv) no officer appointed under this section shall be removed from office in consequence of a vote under clause (c) of sub-section (2) without the sanction of the President of the Union ; and (v) no variation in the amount of salary determined under clause (Z>) of sub-section (2) shall be made by the Corporation except with the previous sanction of the President of the Union. (3) To each of the said officers the Corporation shall pay, in addition td their salaries, such allowances, pensions and gratuities, and make on their behalf such payment to provident or annuity funds, as it thinks fit. (4) The provisions of this section, excepting clause (a) of sub-section (2) shall apply to the officer appointed to be Commissioner or acting Commis­ sioner not being a servant of the Government. Provision for 30. (I) In default of an appointment being made by the Corporation filling vacancies in under section 27 or 29 within a reasonable time, the President of the Union ofiices of may appoint a person to fill the vacancy, and such appointment shall for all superior, officers. purposes be deemed to have been made by the Corporation. (2) Pending the settlement of a permanent appointment under sub-section (/), the President of the Union may appoint a person to fill the vacancy temporarily, and may direct that the person so appointed shall receive such monthly salary and allowances as he shall think fit. Appoint­ 31. The Corporation shall appoint such other officers and servants as are ment of other necessary for the efficient carrying out of the purposes of this Act, and shall officers and assign to them such duties, and shall pay them such salaries, allowances, servants. pensions anu gratuities, and make on their behalf such payments to provident or annuity funds, as it thinks reasonable. Payment 31 A. The Corporation may, in accordance with rules made under section of pensions, gratuities, 230 read with section 235, grant pensions, gratuities or compassionate allowances or compas­ to the widows or other dependent relations of any officers or servants appointed sionate alliances under sections 27, 29, 30 or 31 who have died while in the service of the Cor­ to depen­ poration. dants of officers or servants. Rangoon Municipal. 239

32. (1) The Corporation may, where necessary, appoint any fit person to Acting act in the place of an officer (other than the Commissioner) or servant absent appoint­ ments. on leave : provided that— (i) any appointment of a person to act for any of the officers named in section 29, sub-section (/), may be disallowed by the President of the Union and from the time of being so disallowed shall be null and void ; and (ii) no person shall be appointed to act for the Health Officer unless such person possesses the qualifications specified in proviso (i) to section 29, sub-sections (J) and (2). (2) A person appointed under this section to act for any officer or servant shall, while so acting, perform the same duties and exercise the same powers which the said officer or servant is bound to perform or may exercise, and be subject to the same liabilities, restrictions and conditions to which the said officer and servant is liable ; and shall receive such pay and allowances as the Corporation thinks fit.

33. (/) Any person who— Municipal officer or (a) has directly or indirectly, by himself or by any partner, employer servant not or employee, any such share or interest as is described in clause to be interes­ ted in any (/) of section 12, or is a director, secretary, manager or other contract salaried officer of an incorporated company which has any such with the Corporation. share or interest, or (/>) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall be disqualified for being a municipal officer or servant. (2) Any municipal officer or servant who shall acquire, directly or indirectly by himself or by his partner, any such share or interest as aforesaid, shall cease to be a municipal officer or servant and his office shall become vacant. (3) Nothing in this section shall apply to any such share or interest in any contract or employment with, by, or on behalf of the Corporation asunder the proviso to section 12 it is permissible for a councillor to have without his being thereby disqualified for being a councillor- Power of

34. Subject to the provisions of clause (c) of sub-section (2) of, and suspending, provisos (iv) and (v) to sub-sections (/) and (2) of, section 29, any municipal punishing officer and servant may be suspended or dismissed, or the increment to the and dismiss­ ing, in whom salary of such officer or servant may be withheld for any specified period, and to vest. any municipal officer or servant, other than the Commissioner or an officer appointed under section 29, may be fined or reduced in status, for any breach of departmental rules or discipline or for carelessness, incompetence, neglect of duty or other misconduct, by the authority by whom such officer or servant is appointed. 240 Rangoon Municipal. Extra­ 35. The Corporation may, with the sanction of the President of the Union, ordinary give an extraordinary pension, gratuity, or compassionate allowance— pension in case of officer (a) to any municipal officer or servant injured in the execution of his or servant injured or duty ; or . killed in (b) to the family or other relatives dependent on any municipal officer execution of his duty. or servant who is killed in the execution of his duty or whose death is due to devotion to duty. Essential Officers and Servants■ Essential 36 (/) Every essential officer and servant shall be entitled to one month’s officers and notice before discharge or to one month’s pay and allowance in lieu thereof, servants. unless he is discharged for misconduct or has completed the specified term of service for which he was engaged- (2) No essential servant shall— (a) unless he is authorized in that behalf by the terms of his contract, resign his appointment or quit his employment without giving one month’s notice to the authority appointing him ; or (b) otherwise than on leave duly granted and not subsequently cancel­ led, absent himself from duty ; or (c) neglect or refuse to perform any of his duties or wilfully perform them in an inefficient manner. (3) The expression “essential officer or servant” includes every person employed in the Municipal Fire Brigade or in connection with the municipal' air compressor or pumping stations or employed in or in connection with the drainage, conservancy or water-supply of the City and any such other municipal officer or servant as may be prescribed in this behalf. CHAPTER V. Municipal Property and Liabilities. Powers of 37. The Corporation shall, for the purposes of this Act, have power to Corporation ns to acquisi­ acquire and hold moveable and immoveable property or any interest therein, tion of whether within or without the limits of the City. property. Property 38. (/) All property, moveable or immoveable, of the nature hereinafter vested in Corporation. specified in this sub-section, shall vest in the Corporation and shall, except in the case of property of the nature described in clause (e), be held and applied by the Corporation for the purposes of this Act,, namely,— (a) all property within or without the City vested in the Municipal Committee of Rangoon on the 1st August. 1922,1 but subject») all trusts, charges, liabilities, reservations, easements or other incumbrances at that time appertaining or attaching thereto ; 1 Date of commencement of this Act. Rangoon Municipal. 241 (6) all property legally acquired by the Corporation and all buildings, erections and encampments constructed under this Act at the expense of the Municipal or Education Fund, whether within or without the City ; (c) all public streets within the City ; (d) (subject to any special reservation in this behalf which the Presi­ dent of the Union may at any time make) all public streams, waterways, tanks, reservoirs, cisterns, wells and springs, and land (not being privately owned) appertaining thereto ; and (e) all rubbish, offensive matter and sewage collected within or deposited within or without the City by the Corporation or its contractors or agents : Provided that nothing in this sub-section shall apply to any immoveable property which, under section 58 of the Rangoon Development Trust Act, is vested in the Board of Trustees for the development of the City of Rangoon. (2) All property, moveable or immoveable, leased or placed at the disposal or delivered into the custody or in any other manner transferred to the Municipal Committee of Rangoon, in the possession thereof on the 1st August, 1922,1 shall be held by the Corporation on the terms and conditions applying thereto at such time.

39. (/) All property, endowments and funds belonging to any public Property of institution, with the management, control and administration of which the Pu^!‘^tjon# Corporation is charged under the provisions of this Act or of any other enact- managed la­ ment for the time being in force, shall vest in the Corporation in trust for the purposes to which such property, endowment and funds may lawfully be applied- be held in (2) The Corporation may, with the sanction of the President of the Union, t™»1- transfer to [the State]12 any property, endowments and funds so vested in it in trust under sub-section (/) '• provided that no trusts of public rights subject to which such property, endowments and funds are held shall be affected by such transfer.

40. The liabilities of the Municipal Committee of Rangoon on the 1st The manage- August, 1922,1 in connection with any provident fund established for the benefit of municipal officers and servants under the Municipal Act and the bye- mnd for laws framed thereunder, shall be assumed and discharged by the Corporation, servant*,

41. (/) Whenever it is provided in this Act that the Corporation may. or power to whenever it is in the opinion of the Corporation necessary or expedient for the ^“abu" purposes of this Act to acquire any immoveable property or to acquire any property, easement affecting immoveable property already vested in the Corporation, it may, by agreement with the owner, acquire such property or easement. 1 Dale of commencement ol this Act. 2 Substituted for the words “ His Majesty" by the Union of Burma (Adaptation of Laws) Order, 1948. 16 242 Rangoon Municipal. (2) Where the Corporation is unable to acquire any immoveable property or easement under sub-section (/) except upon terms which are in its opinion unreasonable, the President of the Union may, if he thinks fit, upon the appli­ cation of the Corporation, order proceedings to be taken for acquiring the same on behalf of the Corporation, as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition AcJ. (3) The amount of the compensation awarded and all other charges incurred in the acquisition of any such property or easement shall, subject to all other provisions of this Act, immediately on acquisition be paid by the Corporation and thereupon the said property or easement shall vest in the Corporation : provided that nothing done under, or in pursuance of, this section shall affect the right or title of [the State]1 in or to the said property or easement. Disposal of

42. The Corporation may, subject to such conditions and limitations as municipal may be prescribed, sell, lease, convey or otherwise dispose of any property, property. moveable or immoveable, vested in the Corporation : ' Provided that— (i) no property vested in the Corporation in trust shall be leased, sold or otherwise conveyed in such a manner that any trust subject to which such property is held is thereby affected ; and (ii) every sale, lease or other conveyance of property vested in the Corporation shall be deemed to be subject to the conditions and limitations imposed by this Act or by any other enactment for the time being in force. Resumption 43. The Government may resume any immoveable property transferred by Govern­ to the Corporation by the Government or by any local authority, where such ment. property is required for a public purpose, without payment of any compensa­ tion other than the amount paid by the Corporation for such transfer and the market value at the date of resumption of any permanent buildings or works subsequently erected or executed thereon by the Corporation : Provided that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer. CHAPTER VI. Loans. Power of 44. 0) The Corporation may, in pursuance of any resolution, borrow by Corporation way of debenture or otherwise, on the security of any immoveable property to borrow vested in the Corporation or of all or any of the taxes, duties, tolls, fees and money. dues authorized by this Act, any sums of money which may be required (a) for the execution of any work authorized by this Act, or (h) for the acquisition of land for the purposes of this Act, or (c) to pay off any debt due to Government, or l Substituted for the words “ His Majesty *’ by the Union of Burma (Adaptation of La»*) Order, 1948. Rangoon Municipal. 243 (d) to repay a loan raised under this Act or any other loan or debt for the repayment of which the Corporation is liable : Provided that— (i) no loan shall be raised without the previous sanction of the President of the Union ; (ii) the terms upon, and the method in, which the loan is to be raised and repaid shall be subject to the sanction of the President of the Union ; (iii) * * * • (iv) the period within which the loan is to be repaid shall in no case exceed sixty years. (2) When any sum of money has been borrowed under subjection (/)— (a) no portion thereof shall, without the previous sanction of the President of the Union, be applied to any purpose other than that for which it was borrowed, and (/>) no portion of any sum of money borrowed under clause (a) of sub-section (/) shall be applied to the payment of salaries or allowances of any municipal officers or servants other than those who are exclusively employed upon the works for the construction of which the money was borrowed- (3) The amount of the loan, the period within which it shall be repaid and the terms upon, and the method in, which the loan is to be raised and repaid shall be duly notified by the President of the Union.

45. (/) Notwithstanding the provisions of section 44, whenever the Power of borrowing of any sum has been sanctioned under the said section the Corporation to open credit Corporation may, on such terms as may be sanctioned by the President of the cash account with a Bank. Union, instead of borrowing such sum or any part thereof from the public or any member thereof, take credit from any Bank on a cash account to be kept in the name of “ the Municipal Corporation of the City of Rangoon ” to the extent of such sum or part and, with the sanction of the President of the Union, may grant mortgages of all or any of the property vested in the Cor­ poration by way of securing the repayment of the amount of such credit or of the sums advanced from time to time on such cash account with interest- (2) The provisions of section 44, sub-section (3). shall apply to such sum or part.

46. (/) The borrowing powers of the Corporation shall be limited so Limit of that the total loan charges payable by the Corporation in any year shall not borrowing powers. at any time exceed thirteen per cent, of the annual value of the buildings and lands in the City as defined in section 80, sub-section (2). (2) For the purposes of sub-section (/) the total loan charges shall include the sums annually ^payable for interest and for the maintenance of sinking funds and. if any loans are repayable by equal payments of principal 244 Rangoon Municipal. and interest or by equal payments of principal or by annual drawings, the sums annually payable for such payments or drawings. Form of 47. (/) All debentures issued under this Act shall be in such form as debentures. the Corporation may from time to time determine, with the previous sanction of the President of the Union. (2) The holder of any debenture in any form duly authorized under sub-section (/) may obtain in exchange therefor, upon such terms as the Corporation shall from time to time determine, a debenture in any other fora so authorized, (J) Every debenture issued by the Corporation under this Act shall be transferable in such manner as shall be therein expressed. (4) The right to sue in respect of the moneys secured by any deben­ ture issued by the Corporation shall be vested in the holder thereof for the time being without any preference by reason of some of such debentures being prior in date to others. Coupons 48. All coupons attached to debentures issued under this Act shall be attached to signed on behalf of the Corporation in the prescribed manner, and such debentures to bear signa­ signature may be engraved, lithographed or impressed by any mechanioal ture in the prescribed process. manner. Debentures

49. (/) When any debenture or security issued under this Act is payable issued to t\\ o to two or more persons jointly, and either or any of them dies, then, or more notwithstanding anything in section 45 of the Contract Act, the debenture or' persons jointly. security shall be payable to the survivor or survivors of such persons; provided that nothing in this sub-section shall affect any claim by the legal representative of a deceased person against such survivor or survivors. (2) When two or more persons are joint holders of any debenture or security issued under this Act any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Corporation by any other of such persons. When and 50. Every loan raised by the Corporation under section 44 shall be how loan repaid within the time approved under proviso (ii) to section 44, sub-section shall be repaid. (/), and by such of the following methods as may be approved under the said proviso, namely :— (a) by payment from a sinking fund established under section 51 in respect of the loan, or (b) by equal payments of principal and interest, or (c) by equal payments of principal, or (d) by annual drawings. Maintenance 51. Whenever the repayment of a loan from a sinking fund has been of sinking sanctioned under proviso (ii) to section 44. sub section (/), the Corporation fund. shall establish such a fund and the Corporation shall pay intb it, on suC|, Rangoon Municipal. 24S dates as may have been approved under the said proviso, such sum as will, with accumulations of compound interest, be sufficient, after payment of all expenses, to pay off the loan within the period approved : Provided that if at any time the sum standing at credit of the sinking fund established for the repayment of any loan is of such amount that if allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then, with the permission of the President of the Union, further payments into such fund may be discontinued. 52- (/) Notwithstanding anything to the contrary contained in this Power of Act, the Corporation may consolidate all or any of its loans, and for that to°consoH-n purpose may invite tenders for a new loan to be called “ the Rangoon Muni- date loans, cipal Consolidated Loan, 19 ”, and invite holders of municipal debentures to exchange their debentures for scrip of such loan. (2) The terms of every such consolidated loan, and the rates at which exchange into such consolidated loan shall be permitted, shall be subject to the previous sanction of the President of the Union. (5) The period for the extinction of any such consolidated loan shall not. without the sanction of the President of the Union, extend beyond the furthest date within which any of the loans to be consolidated would otherwise be repayable. (4) The Corporation shall establish a sinking fund for the repayment of every such consolidated loan. (5) The provisions of section 51 shall apply to each sinking fund established under sub-section 14) : provided that, in calculating the sum to be paid into any such sinking fund in pursuance of section 51, any sums transferred to that fund in pursuance of the proviso to section 55 shall be taken into account. . 53. (/) All money paid into a sinking fund shall as soon as possible be investment ■ of sinking invested by the Corporation in— fund. (a) Government securities, or ib) securities guaranteed by Government, or (c) Rangoon Municipal debentures, or id) debentures issued by the Commissioners for the Port of Rangoon, or (e) debentures issued by the Trustees for the Development of the City of Rangoon. (2) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the appropriate sinking fund and invested in the manner prescribed by sub-section (f). (J) Money standing at credit of two or more sinking funds may, at the discretion'of the Corporation, be invested together as a common fund, and it shall not be pecessary for the Corporation to allocate the securities held in such investments among the several sinking funds- 246 Rangoon Municipal- (4) When any part of a sinking fund is invested in Rangoon Municipal debentures or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentrues or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (/). (5) The Corporation may from time to time vary any investment made under sub-section (/), or transfer from one sinking fund to another ally investment made under sub-section (/) : provided that the former sinking fund is reimbursed the value of such investment at the time when the transfer is made- . Corporation 54. (/) For the purposes of any investment which the Corporation is may invest in its own authorized to make by this Act (including sinking funds) the Corporation debentures. may reserve and set apart for issue at par, to and in the name of the Municipal Corporation of the City of Rangoon, any portion of the debentures to be issued on account of any loan : provided that the intention so to reserve and set apart such debentures shall have been specified as a condition of the loan in the notification issued in respect thereto under section 44, sub­ section (3)- (2) The issue of any such debentures to the Corporation as aforesaid shall not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respects as if issued to and in the name of any other person. (3) The purchase by, or the transfer, assignment or endorsement to, the Corporation of any debenture issued by the Corporation shall not operate to extinguish or cancel any such debenture, but the same shall be vaild and negotiable in the same manner and to the same extent as if held by, or transferred, assigned or endorsed to any other person. Application 55. The Corporation may apply a sinking fund, or any part thereof, in of sinking or towards the discharge of the loan for which such fund was established and, funds ' towards the until such loan or part is wholly discharged, shall not apply the same for any discharge of other purpose : the loan.. Provided that when any loan, or part thereof, is consolidated under section 52, the Corporation shall transfer to the sinking fund established for such consolidated loan the sum standing at credit of the sinking fund of the original loan, or, if part only of a loan is consolidated, then such part of the sum standing at credit of the sinking fund of such loan as is proportionate to the part of the original loan which is incorporated in the consolidated loan. Provisions 56. In the case of all loans raised by the Municipal Committee of for loans Rangoon before the 1st August, 1922.1 the following provisions shall apply:- raised by the Municipal (i) if when such loans were raised the loans were made repayable Committee of from sinking funds, the Corporation shall establish sinking Rangoon. funds for the repayment of such loans and shall pay .into such1 1 Date of commencement of this Act. Rangoon Municipal- 2*7 funds such sums on such dates as may have been fixed when the loans were raised ; (ii) all securities and cash held by the Municipal Committee of Rangoon in sinking funds established for the repayment of such loans shall be transferred to the Corporation and shall be held by it as part of the sinking funds established under clause (i) ; (iii) the provisions of section 51 shall apply to such sinking funds ; (iv) if when any such loans were raised the loans were made repayable by equal payments of principal and interest or by equal pay­ ments of principal or by annual drawings, the Corporation shall make such payments or annual drawings, on such dates and in such manner as may have been fixed when the loans were raised ; (v) the provisions of section 58 shall apply to such loans.

57. (/) All sinking funds established under this Act shall be subject to Annua) examination annual examination by the Accountant-General, Burma, who shall ascertain of sinking whether the cash and the current value of the securities at credit of such funds funds. are actually equal to the amount which would have accumulated had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom. (2) The Corporation shall forthwith pay into any sinking fund any amount which the Accountant-General may certify to be deficient, unless the President of the Union, by general or special order, sanctions a gradual readjustment. (5) If any dispute arises as to the accuracy of any certificate issued by the Accountant-General under sub-section (2) the Corporation may, after making the payment, refer the matter to the President of the Union, whose decision shall be final.

58. (/) If any money borrowed by the Corporation, or any interest or Attachment costs due in respect thereof, is or are not repaid according to the conditions of of Municipal Fund in the loan, the Government may, if itself the lender, and if the Government is default of not the lender, shall, on the application of the lender, attach the Municipal repayment of loan. Fund or a portion thereof. (2) After such attachment no person, except an officer appointed in this behalf by the President of the Union, shall in any way deal with the attached fund or portion thereof ; but such officer may do all acts in respect thereof which any municipal authority, officer or servant might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrear and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings : provided that no such attachment shall defeat or prejudice any debt for which the fund or portion thereof attached was previously pledged in accordance with law ; but all such, prior charges shall be paid out of the proceeds of the fund or portion thereof before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made. 248 Rangoon Municipal. Attachment 59. If the Corporation fails to make any payment as required by section Of Municipal 57, sub-section (2), the Government may attach the Municipal Fund or any Fund in default of the portion thereof ; and the provisions of section 58. sub-section (2). shall, with Corporation all necessary modifications, be deemed to apply. paying into the sinking fund the deficit amount. Annual 60- (/) The Corporation shall, at the end of each year, cause to be statement prepared a statement showing— to be pre­ pared by (a) the amount which has been invested during the year under section 53, Corporation. (b) the date of the last investment made previous to the submission of the statement, (c) the aggregate amount of the securities then in the hands of the Corporation, and (d) the aggregate amount which has up to the date of the statement been applied under section 55 in or towards repaying loans. (2) Every such statement shall be laid before a meeting of the Corpora­ tion and shall be published in the Gazette. CHAPTER VII- Revenue and Expenditure. Funds and Accounts. Constitution 61- (a) All moneys received by or on behalf of the Corporation under the of the provisions of this Act or of any other enactment for the lime being in force, Municipal Fund. or under any contract, ib) * * * * (c) the annual contribution paid by the Commissioners for the Port' of Rangoon under the provisions of section 46 of the Rangoon Port Act, W> fines levied by any Magistrate in respect of any offences against all the provisions of this Act, or in respect of any offence under section 41 of the Rangoon Police Act, or in respect of any offence under the Ghee Adulteration Act committed in the City, or in respect of municipal property, or in respect of offences under any other enactment the fines under which shall have been or may be ordered by the President of the Union to be paid to the Municipal Fund, (e) all proceeds of the disposal of property by, or on behalf of, the Corporation, (/) all rents accruing from any property of the Corporation, (g) all moneys raised by any tax levied for the purposes of this Act, (h) all fees and fines payable and levied under this Act, Rangoon Municipal- 2^9 O') all moneys received by way of compensation or for compounding offences under the provisions of this Act, (/') such proportion as the President of the Union may from time to time determine of the balance, after all necessary contingent expenses have been defrayed, of all fees for licences for vehicles granted by the Commissioner of Police of Rangoon under the provisions of the Rangoon Hackney Carriages Act and of the Burma Motor Vehicles Act, (fc) all moneys received by, or on behalf of, the Corporation from the Government or private individuals by way of grant or gift or deposit, and (/) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Corporation, shall be credited to a fund, which shall be called “ The Municipal Fund ”, and which shall be held by the Corporation in trust for the purposes of this Act, subject to the provisions herein contained. 62- The moneys from time to time credited to the Municipal Fund shall Application of Municipal be applied in the following order of preference :— Fund. Firstly, in making due provision for the repayment of all loans repayable by the Corporation under the provisions of Chapter VI : 1 [* * * *1 Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in sections 25 and 26 and for otherwise carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act, inclusive of— (a) the cost of auditing the municipal accounts ; (b) the expenses of every election of councillors held under this Act ; (c) the salary, allowances and contributions to pensions and leave allowances of the Commissioner or any other officer whose services may, at the request of the Corporation, be placed by Government at its disposal ; (d) the salaries and allowances of all municipal officers and servants. and all pensions, gratuities, contributions and compassionate allowances payable under the provisions of this Act ; (<?) the salaries and fees of experts for service or advice in connec­ tion with any matter arising out of the administration or undertakings of the Corporation ; (/) all expenses and costs incurred by the Corporation or by any municipal officer on behalf of the Corporation in the exercise of any power conferred or the discharge of any duty imposed on it or him by this Act, including moneys which the This paragraph beginning “Secondly" was omitted by Act II, 1945. 230 kangoon Municipal. Corporation is required or empowered to pay by way of compensation ; and (g) every sum payable— (i) under section 227, sub-section (/), or section 240 or 241 by order of the President of the Union or the High Court ; (ii) under a decree or order of a civil or criminal Court passed against the Corporation ; (iii) under a compromise of any suit or other legal proceeding or claim. The 63. (I) All money received by the Education Board for or in the dis­ Education charge of its functions under this Act shall be credited to a fund which shall Fund. be called “ The Education Fund ”. (2) The Education Fund shall, subject to the control of the Corpora­ tion, be administered by the Education Board and shall be applied to all expenditure incurred in the payment of salaries, fees and allowances (inclu­ ding provident fund contributions) and pensions of all officers and servants employed under such Board and any other expenses incurred by the Board in exercising any power or discharging any duty conferred or imposed on it by section 5. Receipt and 64. All moneys payable to the credit of the Municipal Fund or of the disposal of payments on Education Fund shall be received by the authorized officer and shall be, account forthwith paid into the Imperial Bank of India, or tuch other bank as may of the Municipal be selected by the Corporation, subject to the approval of the President of Fund. the Union, to the credit of an account which shall be styled “ The account of the Municipal Fund of the City of Rangoon ” or “The account of the Educa­ tion Fund of the City of Rangoon ”, as the case may be. How the 65. No payment shall be made out of the Municipal Fund or out of tfie funds shall be drawn Education Fund except upon a cheque signed in the prescribed manner : against. Provided that payment of any sum due by the Corporation, not exceed­ ing one hundred rupees in amount, may be made in cash by the officer authorized in that behalf, cheques for sums not in excess of one thousand rupees each, signed in the prescribed manner, being drawn from time to time to cover such payments. Deposit of 66. Notwithstanding anything contained in section 64 or section 65, the portion of Municipal Corporation may remit any portion of the Municipal Fund to a bank or other Fund agency at any place beyond the City at which it may be desirable for the outside Corporation to have funds in deposit ; and any money payable to the credit Rangoon. of, or chargeable against, the Municipal Fund which can, in the opinion of the Corporation, be most conveniently paid into or out of the account of the Corporation atsany such bank or agency, may be so paid. Rangoon Municipal. 2$i

67. (/) Surplus moneys at thecredit of the Municipal Fund or of any loan Investment of surplus raised under this Act which cannot immediately or at an early date be applied moneys. for the purposes of the Act or of the loan, as the case may be, may be deposited by the Corporation at interest in such banks as may be approved by the President of the Union or may be invested in public securities. (2) The Corporation may at any time withdraw any deposit so made or dispose of any securities, and re-deposit or re-invest the money so withdrawn or the proceeds of the disposal of such securities. (J) The loss, if any, arising from any such deposit or investment shall be debited to the Municipal Fund-

68. Accounts of the receipts and expenditure of the Corporation or of Accounts to the Education Board shall be kept in such manner and in such form as the abeform kepi in President of the Union may approve. approved by the President Of the Union.

69. The Corporation shall, as soon as may be after each first day of Publication July, cause to be prepared a detailed report of the municipal administration of annual administra­ of the City during the previous year, together with a statement showing the tion report and state­ accounts of the receipts and disbursements respectively credited and debited ment of to the Municipal Fund and Education Fund during the previous financial year accounts. and the balance at the credit of each fund at the close of the said financial year. Budgets.

70. (/) Except as hereinafter provided, no payment of any sum shall be Prohibition made out of the Municipal Fund unless the expenditure of the same is covered of expen­ diture not by a current budget grant, and a sufficient balance of such budget grant is budgeted for. still available : Provided that the following items shall be excepted from this prohibition, namely :_ (i) sums of which the expenditure has been sanctioned by the Cor­ poration under section 74 ; (ii) refunds of taxes and other moneys which the Corporation is authorized by this Act to make ; (iii) repayments of moneys belonging to the contractors or other persons held in deposit and of moneys collected or credited to the Municipal Fund by mistake ; (iv) sums which the Corporation is required or empowered by this Act to pay by way of compensation ; (v) sums _ payable in any of the circumstances mentioned in clause (g) of 'section 62 ; (vi) expenses incurred by the Corporation in the exercise of the powers conferred on it by section 149 ; and (vii) expenses incurred by the Commissioner in the exercise of the powers conferred on him by section 148 or 151. 252 Rangoon Municipal. (2) No payment of any sum shall be made out of the Education Fund unless the expenditure of the same is covered by a current budget grant. (j) Where any sums have been expended under the terms of the proviso to sub-section (/), the Corporation shall take such action, if any, under section 72, 73 or 75 as is deemed necessary or expedient to meet such expenditure. Preparation 71. (/) The Corporation shall each year cause to be prepared, on or of budget before such date as may be prescribed, and in such form and such manner as Estimates. it may approve, having regard to all the requirements of this Act, budget estimates of the income and expenditure of the Municipal and Education Funds for the next financial year. (2) Such estimates shall— (a) provide for the repayment of all loans with interest due thereon for whose repayment the Corporation is liable ; i(6) * * * * (c) provide for the payment from the Municipal Fund in convenient instalments to the Education Fund of an amount not less than 5 per cent, of the estimated receipts to be derived from the “ general tax ” specified in clause (a) of section 80, sub-section (J); and (d) allow for a cash-balance at the end of the said year of not less than the amount which the President of the Union may, from time to time, fix in this behalf. (j) The Corporation shall finally adopt the budget estimates before the beginning of the year to which they relate and shall forthwith submit copies thereof to the President of the Union. Reduction 72. The Corporation may, if it thinks necessary, at any time during a or transfer by the financial year— Corporation (a) reduce the amount of a budget grant ; or of budget grants. (b) transfer and add the amount, or a portion of the amount, of one budget grant to the amount of any other budget grant : Provided that due regard be had when making any such reduction or transfer to all the requirements of this Act. Corporation 73. The Corporation may, from time to time, during a financial year, may increase increase the amount of any budget grant, or make an additional budget grant, amount of budget grants for the purpose of meeting any special or unforeseen requirement arising and make during the said year, but not so that the estimated cash-balance at the close additional grants. of the year shall be reduced below the amount fixed under clause (d) of section 71, sub-section (2). Rules as to 74. If any portion of a budget grant remains unexpended at the close of unexpended the year in the budget estimates for which such grant was included, and if the budget grants. amount thereon has not been taken into account in the opening balance of the Municipal Fund entered in the budget estimates of the next following year, 1 Clause (6) was omitted by Act II, 1945. Rangoon Municipal. 253 the Corporation may sanction the expenditure of such unexpended portion during the next following year for the completion, according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object. 75- (/) If it shall at any time during the financial year appear to the Readjust­ ment of Corporation that, notwithstanding any reduction of budget grants that may income and have been made under section 72, the income of the Municipal Fund in the expenditure to be made said year will not suffice to meet the expenditure sanctioned in the budget by the estimate for the said year, it shall be incumbent on the Corporation to Corporation during the sanction forthwith any measure which shall be necessary for adjusting the course of the year’s income to the expenditure. financial year whenever (2) For this purpose the Corporation may either diminish the sanctioned necessary. expenditure of the year, so far as it may be possible so to do, with due regard to all the requirements of this Act, or have recourse, subject to the conditions and limitations prescribed by this Act, to supplementary taxation. ’ (J) Whenever the Corporation determines to have recourse to such supplementary taxation, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, or by adding to the number of articles, if any, on which terminal-tax is being levied, but every such increase or addition shall be made subject to the limitations and conditions prescribed in regard to such tax.

76. The Education Board may in regard to the Education Fund exercise, Powers Education oi subject to the control of the Corporation, all the powers vested in the Corpo­ Board with ration in regard to the Municipal Fund under sections 72, 73, 74 and 75- regard to Education Fund. Audit- Monthly

17. The Corporation shall cause to be conducted under its superintend­ scrutiny of ence a monthly scrutiny of the municipal accounts, and to be published accounts. monthly a monthly abstract of the receipts and expenditure of the month last preceding signed in the prescribed manner.

78. The municipal accounts shall also be examined and audited in Audit of municipal accordance with the procedure approved by the President of the Union in this accounts. behalf. The auditors shall forthwith report to the Corporation any material impropriety or irregularity which they may at any time observe in the expendi­ ture or in the recovery of moneys due to the Corporation or in the municipal accounts. CHAPTER VIII. Municipal Taxation- Taxes- Taxes to be

79. (/) For the purposes of this Act, taxation shall be imposed as imposed under this follows,,namely : — Act- (a) property taxes, and (b) â tax on vehicles. 254 Rangoon Municipal. (2) In addition to the taxes mentioned in sub-section (/), the Corpora­ tion may, with the previous sanction of the President of the Union, impose any other tax. Property 80. (/) The following taxes shall, subject to the limitations hereinafter taxes. provided, be levied on buildings and lands, and shall be called “ Property Taxes, ” namely :— (a) a general tax of not more than twelve per cent, of their annual value, to which may be added a fire brigade tax at such percentage not exceeding two per cent, of their annual value as will, in the opinion of the Corporation, suffice to provide for the expenses necessary for fulfilling the duties of the Corpora­ tion arising under clause (xvi) of section 25 ; (b) a lighting-tax at such percentage of their annual value as will, in the opinion of the Corporation, suffice to provide for lighting the public streets, municipal markets and buildings vested to the Corporation ; (c) a conservancy-tax at such percentage of their annual value as will, in the opinion of the Corporation, suffice to provide for the collection, removal and disposal, by municipal agency, of all sewage, offensive matter and rubbish and for efficiently constructing, maintaining and repairing municipal drains for the reception and conveyance of any such matter ; and (</) a water-tax at such percentage of their annual value as the Corporation shall deem reasonable with reference to the expense of providing a water-supply for the City : provided that the Corporation may direct that the water supplied for any domestic or non-domestic purpose to any buildings or lands separately assessed to water-tax shall be paid for by measurement^ such rates and on such terms and conditions as it may deem reason­ able and no water-tax shall be levied on any buildings or lands in respect of which such direction has been made. (2) In this Chapter “ annual value ” means the gross annual rent for which buildings and lands liable to taxation may reasonably be expected to let, from year to year, and, in the case of houses, may be expected to let unfurnished. General tax on what 81. (l) The general tax shall be levied in respect of all buildings and properties to lands except— ce levied. (a) buildings and lands or portions thereof exclusively occupied for public worship ; (b) buildings and lands vested in the Corporation ; (c) lands used as places for the disposal of the dead. (2) Unless the Corporation, with the sanction of the President of the Union, in any particular case for any special reasons otherwise directs, Rangoon Municipal. 255 following buildings and lands or portions thereof shall not be deemed to be exclusively occupied for public worship within the meaning of clause (a) of sub-section (/), namely (a) those in which any trade or business is carried on ; and (b) those in respect of which rent is derived, whether such rent is or is not applied exclusively to religious purposes. (3) When any portion of any building or land is exempt from the general tax by reason of its being exclusively occupied for public worship, such portion shall be deemed to be a separate property for the purpose of municipal taxation. (4) The Corporation may. for special reasons, exempt any building or land belonging to the classes specified in clause (a), (6) or (c) of sub-section (/) from all or any of the property taxes other than the general tax.

82. The fire brigade tax may be levied at different rates in respect of Fire brigade different classes of buildings in accordance with the annual values of such {a*;£|aayt bc buildings, the varying degrees of risk of being damaged or destroyed by fire different incurred on account of the materials or methods of construction of such buildings or the goods stored or industries carried on therein- classes of 6 buildings.

83. The lighting-tax shall be levied only in respect of buildings and Lighting-t* lands some part of which is less than one thousand feet from a street lamp to erected and maintained by the Corporation. be levied.

84. (J) The conservancy-tax shall be levied only in respect of lands and Conservancy- tsx on wli. i buildings— property to (a) situated in any portion of the City in which public notice has be levied- been given by the Corporation that the collection and removal of sewage, offensive matter and rubbish will be undertaken by municipal agency ; or (fi) in which, wherever situate, there is a connection for the removal of sewage to a municipal drain. (2) In any portion of the City in which underground sewers have been or may be provided by the Corporation the conservancy-tax may be levied at a higher percentage on the annual value of buildings and lands than in other portions of the City-

85. (/) The water-tax shall be levied only in respect of buildings or wate-tu lands— property to (a) which are connected by means of communication-pipes with any belevied' municipal water-works ; or (b) which are situated in a portion of the City in which the Corpora­ tion has given public notice that sufficient water is available from municipal water-works for furnishing a reasonable supply 256 Rangoon Municipal- of water for domestic purposes to all the buildings and lands in the said portion. (2) The water-tax may be levied in respect of buildings and lands which are liable under clause (b) of sub-section (/) at a lower rate than in respect of buildings and lands which are liable under clause (a). Responsi­ 86. (/) Property taxes in respect of any building or land shall.be bility for payment of leviable jointly and severally from all persons who have been either owners property or occupiers of the building or land at any time during the period in respect taxes. of which any instalment of such property taxes is payable under this Act. (2) In the absence of any agreement to the contrary between an owner and occupier of any building or land, any general tax, in which is included the fire brigade tax. if any, paid by the occupier shall be recoverable by him from the owner, and any lighting, conservancy, or water-tax paid by the owner shall be recoverable by him from the occupier. (J) A sum recoverable by the occupier from the owner may be deducted from the rent due or payable by him to the owner. Exemptions. Buddhist 87- Notwithstanding anything contained in this Act, no property or other monasteries tax shall be levied on any Buddhist kyaungdaik : exempt from alt Provided that— municipal taxation. (i ) unless the Corporation, with the sanction of the President of the Union, in any particular case for any special reasons otherwise' directs, this exemption shall not extend to any buildings or land in which trade or business is carried on or for which rent is paid; (ii) the Corporation shall not be bound to provide a supply of water to or to remove sewage, offensive matter or rubbish from any building or land exempted from taxation under this section, except upon a guarantee of payment for the supply of such water or the removal of such sewage, offensive matter or rubbish at such rates as may be determined by the Corporation. Remission 88- When any building or land, or any portion of any building or land, or relund of which the Corporation has treated as a separate property for the purpose of property taxes on assessment under any provision of this Act, has been neither occupied nor account of productive of rent for a period of at least thirty consecutive days, the Corpora­ vacancies. tion shall, subject to and in accordance with the terras and conditions prescribed,— (а) remit one-half of the general tax, which includes the fire brigade tax, if any, and the whole of the water-tax and conservancy-tax payable in respect of such building or land during such period, or (б) if any tax or instalment thereof has been paid and application for refund has been made within six months of such, payment, refund the amount which might have been remitted under this section. Rangoon Municipal. 257 Exemption

89. No tax of any kind shall be levied on land vested in the Trustees to vacant for the Development of the City of Rangoon under clause (a) of section 58, land vested sub-section (/), of the Rangoon Development Trust Act, so long as such land in Develop­ ment Trust. is neither occupied nor productive of rent.

90. (/) The Corporation may. with the previous sanction of the President Power to exempt from ofthe Union, exempt in whole or in part from the payment of any tax any taxation. person or class of persons, or any property or description of property, animals or vehicles. (2) The Corporation may exempt in whole or in part, for any period not exceeding one year, from the payment of any tax imposed under this Act, any person who by reason of poverty may in its opinion be unable to pay the same. Appeals and Assessments.

91. (/) The Commissioner shall, in accordance with the manner Appeals against prescribed, determine the annual value of lands and buildings for the purpose valuations. of assessment thereof under section 80- (2) An appeal against any determination made by ‘he Commissioner under sub-section (/) shall lie to, and be heard and determined by, the Chief Judge of the Rangoon [City Civil Court]1: provided that no such appeal shall be heard by the said Judge unless a notice in writing of the intention to appeal has been left at the office of the Corporation within fourteen days from the date of the aforesaid order. (3) When any question arises as to the liability of any building or land to assessment, or as to the basis or principle of assessment, an appeal shall lie from the decision of the said Chief Judge to the High Court, whose decision shall be final. (4) Effect shall be given by the Commissioner to the decision of the Court under this section. (.5) The pendency of an appeal under this section shall not operate to delay or prevent the levy of any tax, or, when the tax is payable by instalments, of any instalment of any tax payable in respect of any building or land according to the assessment of the Commissioner ; but, if by the final decision in the appeal it is determined that such tax or instalment ought not to have been levied in whole or in part, the Corporation shall refund to the person from whom the same has been levied the amount of such tax or instalment, or the excess thereof over the amount properly leviable in accordance with such final decision, as the case may be-

92. (;) The taxes specified in section 80 shall be levied on all buildings Taxation and contri­ or parts thereof, the property of the State2, which are occupied for residential bution in lieu purposes and the occupants of which pay rent to Government. The annual of taxation on State value of such buildings shall be the actual rent payable for such buildings property. unfurnishçd by the occupants to Government and all taxes levied under this sub-section shall be collected and paid by the Government-* * 1 Substituted by Act XVI, 1946. * Substituted by the Union ol Burma (Adaptation of Laws) Order, 1948. 17 258 Rangoon Municipal. (2) In lieu of the taxes leviable under section 80 on all other buildings and lands, the property of the State*, there shall be paid annually by Government to the Corporation such sum as may be determined, after consultation with the Corporation, by an officer appointed by the President of the Union, to be fair and reasonable having regard to the extent of State* property in the City, and the mutual services rendered by Government and the Corporation to each other. (5) The President of the Union shall communicate to the Corporation the name of the officer whom he proposes to appoint to perform the duty specified in sub-section (2) and shall take into consideration any representation which the Corporation may, within a reasonable period, submit with reference thereto,but the orders of the President of the Union after such consideration shall be final. (4) The sum determined under sub-section (2) shall be paid annually by Government for a period of five years, on the expiry of which a further enquiry shall be held to determine the sum payable for a further period of five years. (J) Nothing in this section shall be deemed to affect the provisions of the Municipal Taxation Act. Assessment 93. The sum to be paid to the Corporation by the Commissioners for of property the Port of Rangoon under section 80 shall be an amount equal to three per held by the Commis­ centum of the total annual revenues of the said Commissioners from sioners for whatever sources derived. the Port of Rangoon. CHAPTER IX. Conveniences. Municipal Drains. Ciewsing 94. For the purpose of flushing and cleansing the municipal drains the drains. Corporation may construct or set up such reservoirs, sluices, engines and other works as it shall deem necessary. Places for 95. The Corporation may cause all or any municipal drains to empty emptying of into the Rangoon, Pegu or Hlaing rivers or any other place, whether within drains and disposal of or without the City, and may dispose of the sewage at any place, whether sewage. within or without the City, and in any manner, which it shall deem suitable for such purpose : Provided that the President of the Union may prohibit the Corporation from causing any municipal drain to empty into any place, or from disposing of any sewage at any place, or in any manner, which he considers unsuitable. Provision 96. For the purpose of receiving, storing, disinfecting, distributing or of means for disposal of otherwise disposing of sewage, the Corporation may— sewage. (a) construct any work within or without the City ; . (b) purchase or take on lease any land, building, engine, material or apparatus, either within or without the City ; and_____ _1 1 Substituted by the Union of llurma (Adaptation of Laws) Order, 1948. Rangoon Municipal. 259 (c) enter into an arrangement with any person, for a period not exceeding twenty years, for the removal or disposal of sewage within or without the City. 97- The Corporation may enlarge, arch over or otherwise improve any Alteration municipal drain, and may discontinue, close up or destroy any such drain *£u«lce°of which has. in its opinion, become useless or unnecessary : drain*. Provided that if, by reason of anything done under this section, any person is deprived of the lawful use of any drain, the Corporation shall, as soon as may be, provide for his use some other drain as effectual as the drain which has been discontinued, closed up or destroyed. Drainage oj Premises. 98- When any premises arc. in the opinion of the Corporation, without Drainage of sufficient means for their effectual drainage and a municipal drain or some JJjSate** place set apart by the Corporation for the discharge of drainage already exists or witWna ^ is about to be constructed within a distance not exceeding one hundred feet from some part of the said premises, the Corporation may. by written notice, municipal v ...... . drain. require the owner or occupier of the said premises— (a) to make a drain which will empty into such municipal drain or place so set apart ; (/>) to provide and set up all such appliances and fittings as may appear to the Corporation necessary for the purpose of gathering and receiving the drainage from, and conveying the same off. the said premises and of effectually flushing such drain and every fixture connected therewith ; and (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is, in the opinion of the Corporation, injurious to health.

99. When in any case not provided for in section 98 any premises are. Drainage of premise* not 'in the opinion of the Corporation, without sufficient means for their effectual situate drainage, it may, by written notice, require the owner or occupier of the said within a hundred feet premises— ' of a municipal (n) to construct a drain up to a point to be specified in such notice, drain. but not distant more than one hundred feet from some part of the said premises ; or (b) to construct a closed catch-pit or sump of such material, size and description, and in such position as it may direct, and a drain or drains emptying into such catch-pit or sump.

100. It shall not be lawful to erect or re-erect any building any part of New build­ ing* not to be which is within one hundred feet of a municipal drain or of some place set erected with­ apart by the Corporation for the discharge of drainage, or to occupy any such out drain*. building newly erected or re-erected, unless and until (a) a drain is constructed which, in the opinion of the Corporation, shall be sufficient for the effectual drainage of such building to such municipal drain or place, and 260 Rangoon Municipal. (b) there have been provided for and set up in such building and in the premises appurtenant thereto all such appliances and fittings as may appear to the Corporation to be necessary for the purpose of gathering and receiving the drainage from, and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith. Sewage and 101. Whenever it is provided in this Act that steps shall or may be rain-water taken for the effectual drainage of any premises, the Corporation may drains to be distinct. require that there shall be one drain for offensive matter and sewage, and another drain for rain-water and unpolluted sub-soil water, each emptying into separate municipal drains or other places set apart by the Corporation for the discharge of drainage or into other suitable places- Rights of 102. (/) If it shall appear to the Corporation that the only means, or the owners and most convenient means, by which the owner or occupier of any land or occupiers of premises to building can cause his drain to empty into a municipal drain or other place set carry drain* apart by the Corporation for the discharge of drainage, is by carrying the same through lauds belonging into, through or under any land belonging to some person other than the said to other owner or occupier, the Corporation, after giving to the person to whom the persons. said land belongs a reasonable opportunity of stating any objection, may, if no objection is raised, or if any objection which is raised appears to it invalid or insufficient, by an order in writing authorize the said owner or occupier to carry his drain into, through or under the said land in such manner as it shall think fit to allow- (2) Every such order, bearing the signature of such officer as the Corporation shall prescribe, shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the land reasonable written notice of his intention so to do, to enter upon the said land with assistants and workmen, at any time between sunrise and sunset, and to execute the necessary work- (3) Subject to all other provisions of this Act, the owner or occupier of any premises, or any agent or person employed by him for this purpose, may, after giving to the owner of the land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do. enter upon the said land with assistants and workmen, at any time between sunrise and sunset, and construct a new drain in the place of the existing drain or repair or alter any drains so constructed. C4) In executing any work under this section, as little damage as can be, shall be done, and the owner or occupier of the premises for the benefit üf which the work is done shall— (а) cause the work to be executed with the least practicable delay : (б) fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building of Rangoon Municipal. 261 other construction opened, broken up or removed for the purpose of executing the said work ; and (c) pay compensation to any person who sustains damage by the execution of the said work. (J) If the owner of any land into, through or under which a drain has been carried under this section, whilst such land was unbuilt upon, shall, at any time afterwards, desire to erect a building on such land, the Corporation shall, by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by it, and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same : provided that no such requisition shall be made unless in the opinion of the Corporation it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted-

103. Every owner of a drain, connected with a municipal drain or other Obligation place set apart by the Corporation for drainage, shall be bound to allow the £a°rn£* 01 lise of it to other persons, or to admit other persons as joint owners thereof, allow use of on such terms as may be prescribed under section 105. ownership therein to others,

104. Any person desiring to drain his premises into a municipal drain. How right through a drain of which he is not an owner, may make a private j)^'fe0°rner. arrangement with the owner for permitting his use of the drain, or may apply ship of a to the Corporation for authority to use such drain or to be declared joint owner thereof- *,£***.?* other than Ihc owner.

105. (;) Where the Corporation is of opinion, whether on receipt of such corporation application or otherwise, that the only or the most convenient means by which ™a^oriie the owner or occupier of any premises can cause the drain of such premises to person other empty into a municipal drain or other place set apart by the Corporation for the ow"er *( # discharge of drainage is through a drain communicating with such municipal drain to use drain or place aforesaid, but belonging to some person other than the said de*,5aar“h|m owner or occupier, the Corporation, after giving the owner of the drain a ,0 be a joint reasonable opportunity of stating any objection thereto, may. [hereof, approval of the standing committee concerned, if no objection is raised or “ any objection which is raised appears to it invalid and insufficent, by an order in writing authorize the said owner or occupier to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the said premises with the communicating drain and as to the respective responsibilities of the parties for maintaining, repairing, (lushing and cleansing the joint drain or otherwise, as may appear to it equitable. 262 Rangoon Municipal. (2) Every such order, bearing the signature of such officer as the Corporation shall prescribe, shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling, as far as possible, the conditions of the said order, and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situated with assistants and workmen, at any time between sunrise and sunset, and subject to all provisions of this Act, to do all such things as may be necessary for— (a) connecting the two drains ; or (b) renewing, repairing or altering the connection ; or (c) discharging any responsibility attaching to the person in whose favour the Corporation’s order i made for maintaining, repairing, flushing or cleansing the joint drains or any part thereof. U) In respect of the execution of any work under sub-section (2) the person in whose favour the aforeaid officer’s order is made shall be subject to the same restrictions and liabilities as are specified in section 102, sub-section (4). t Power of 106. (/) If it appears to the Corporation that any group or block of Corporation premises any part of which is situated within one hundred feet of any to drain premises in municipal drain, or of some place set apart by the Corporation for the combination. discharge of drainage, which already exists or is about to be constructed, may be drained more economically or advantageously in common than separately, the Corporation may cause such group or block of premises to be drained by such method as appears to it to be most suitable therefor, and the expenses incurred by the Corporation in so doing shall be paid by the owners of such premises in such proportions as the Corporation may think fit. (2) Not less than fifteen days before any work under this section is commenced, the Corporation shall give written notice to the owners of all the • premises to be drained, of— (a) the nature of the intended work ; (b) the estimated expenses thereof ; and (c) the proportion of such expenses payable by each owner- Connecting 107. (/) In the case of premises abutting on a public street in which drains to be there is a municipal drain and in the case of premises drained in pursuance constructed at expense of of the provisions of section 98 or 106 the Corporation shall construct, at the owners of expense of the owner of the premises for the use and benefit of which the premises. drain is constructed, such portion of the drain of the premises to be connected with such municipal drain as it shall be necessary to lay under any part of a public street. (2) The portion of any connecting drain so laid under a public street shall vest in the Corporation and be maintained and kept in repair by the Corporation as a municipal drain. Rangoon Municipal. 263 (J) The remainder of every drain constructed, erected, set up or continued for the sole use and benefit of any premises shall— (a) vest in the owner of such premises ; (b) be maintained and kept in repair by the owner or occupier of such premises ; and (c) be from time to time flushed, cleansed and emptied by the Corpora­ tion at the charge of the Municipal Fund : Provided that.'where several premises are drained in common under section 106, such remainder shall vest in the owners jointly and the cost of maintenance and repair thereof shall be distributed in the same proportions as are fixed by the Corporation under the said section.

108. (I) When a drain connecting any premises with a municipal drain or Corporation may close or other place set apart by the Corporation for the discharge of drainage is sufficient limit the use for the effectual drainage of the said premises and is otherwise unobjectionable, of existing but is not in the opinion of the Corporation adapted to the general drainage system private drains. of the City, or of that part of the City in which such drain is situated, the Corporation may— (а) close, discontinue or destroy the said drain and cause any work necessiry for that purpose to be done ; or (б) direct that such drain shall, from such date as it prescribes in this behalf, be used for offensive matter and sewage only, or for rain­ water and unpolluted sub-soil water only- fa) No drain may be closed, discontinued or destroyed by the Corporation under sub-section (/) except on condition of its providing another drain equally effectual for the drainage of the premises and communicating with such municipal drain or other place aforesaid as the Corporation thinks fit ; and the expenses of construction of any drain so provided by the Corporation and of any work done under clause (a) of the said sub-section shall be paid from the Municipal Fund.

109. (/) For the purpose of ventilating any drain, whether belonging to Affixing pipes for of the Corporation or to any other person, the Corporation may erect upon any ventilation premises or affix to the outside of any building, or to any tree, any suc s a t of drain* or pipe as shall appear to the Corporation necessary, and cm through any projection from any building (including the eaves of any roof thereo ) in or er to carry up such shaft or pipe through any such projection, and lay in.t roug or under any land, such appliances as may in the opinion of the Corporation oe necessary for connecting such ventilating shaft or pipe wit t e rain intended to be ventilated. (2) Any shaft or pipe so erected or affixed shall (а) be carried at least fifteen feet higher than any sky-light or window situated within a distance of forty feet therefrom , • (б) if the .same be affixed to a wall supporting the eaves of a roof, be carried at least five feet higher than such eaves ; and 264 Rangoon Municipal- (c) be removed by the Corporation to some other place, if at any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out, or cannot without unreasonable inconvenience be carried out, unless the shaft or pipe is removed- (3) If the Corporation declines to remove a shaft or pipe under clause (c) of sub-section (2) the owner of the premises, building or tree upon or to which the same has been erected or affixed may apply to the Chief Judge of the Rangoon [City Civil Court]1, and the said Judge may, after such enquiry as he thinks fit to make, direct the Corporation to remove the shaft or pipe, and it shall be incumbent on the Corporation to obey such order. (4) Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (/) is not the owner of the drain intended to be ventilated, the Corporation shall, so far as is practicable, rein­ state and make good such building, and fill in and make good such land, at the charge of the Municipal Fund- Right of 110- All drains, ventilation shafts and pipes, and all appliances and Corporation fittings connected with drains constructed, erected, or set up at the charge of to drains constructed the Municipal Fund upon premises not belonging to the Corporation, shall, at charge of unless the Corporation has otherwise determined, or shall at any time Municipal Fund on otherwise determine, vest in the Corporation. premises not belonging to Scavenging and Cleansing- Corporation. Deposit of 111- For the purpose of collecting, treating and removing rubbish and rubbish and offensive matter, the Corporation shall provide public receptacles, dépôts and offensive matter. places for the temporary deposit or final disposal thereof : Provided that the President of the Union may prohibit such final disposal in any specified place or manner. Collection 112- When the Corporation has given public notice under clause (a) of and removal of sewage, section 84, sub-section (J), that the collection and removal pf sew'age, offensive etc. matter and rubbish from the buildings and lands in any portion of the City will be under taken by municipal agency, it shall forthwith take measures for the due collection and removal of such matter from any buildings and lands situated in the said portion of the City. Least 113. In carrying out the duties imposed on the Corporation by clauses practicable nuisance to (i), (ii) and (iii) of section 25, or exercising the power conferred thereon by be caused. sections 94, 95, 96, 97, 109, 111 and 112, the Corporation is responsible that the least practicable nuisance is created. Water-supply. Wafer- . 114- Where the Corporation has under clause (b) of section §5, sub­ supply. section (/), given public notice that sufficient water is available from 1 Substituted by Act XVI, lv46. Rangoon Municipal. 265 municipal water-works for furnishing a reasonable supply of water for domestic purposes, it Shall forthwith take measures to ensure the supply of such water.

115. For the purpose of making provision for a supply of water proper General power» (or and sufficient for public and private purposes the Corporation may- supplying fa) construct and maintain water-works, either within or without the the City with water. City, and do any other necessary acts ; (£>) purchase or take on lease any water-work or any water or right to store or to take and convey water, whether within or without the City ; and (c) enter into an arrangement with any person for a supply of water.

116. The Corporation may, for the purpose of inspecting or repairing or Power o( executing any work in, upon or in connection with any municipal water-work, access to municipal at all reasonable times,— water-works (a) by any authorized person enter upon and pass through any land, within or without the City, adjacent to or in the vicinity of such water-work, in whomsoever such land may vest ; (b) cause to be conveyed into and through any such land all necessary men, materials, tools and implements.

117. Except with the permission of the Corporation, no person shall— Prohibition of erection (a) erect any building for any purpose whatever on any part of the area of any build­ enclosed by the boundary-fence of any lake or reservoir from ing which would injure which a supply of water is derived for a municipal water-work ; or sources of (b) remove, alter, injure, damage or in any way interfere with the water- supply. aforesaid boundary-fence.

118. Except as hereinafter provided, no person shall— Prohibition of bathing in, («) cause or suffer to percolate or drain into or upon any municipal or polluting, water-work or to be brought thereinto or thereupon anything, water. or to be done any act, whereby the water therein shall be in any way fouled or its quality altered ; (Z>) alter the" surface of any municipal land adjacent to or forming part of any such work by digging thereinto or depositing thereon any substance ; (c) cause or suffer to enter into the water in such work any animal ; id) throw or put into or upon the water in such work anything ; (e) bathe in or near such work ; or (/) wash or cause to be washed in or near such work any animal or other thing-

119. If it shall be shown that an offence against any provision of this Occupier of Ac’t has occurred on any premises to which a private supply of water is supplied premises to be primarily by the Corporation, it shall be presumed, until the contrary is proved, that liable for ' certain such offeilce has been committed by the occupier of the said premises. offence* against the Act. 266 Rangoon Municipal. General Provisions with reference to Drainage. Water-supply and other Mains. Power of 120. The Corporation may carry any cable, wire, pipe, drain or channel of carrying any kind required for the establishment or maintenance of any system of drainage, wires, pipes, drains, water-supply or lighting through, across, under or over any street or railway or etc. any place laid out as or intended for a street, and, after giving reasonable notiae in writing to the owner or occupier, through, across, under, over or up the side of any land or building whatsoever, within or without the City, and may place and maintain any posts, poles, standards, brackets or other contrivances for supporting cables, wires, pipes, channels and lights on any immoveable property in the City, and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used or for removing the same. buildings 121. 0) Without the permission of the Corporation, no building, wall of not to be other structure shall be erected or rc-crectcd, and no street or railway or erected without tramway shall be constructed, over any municipal drain or municipal water, permission gas or air main. over drains or water, (2) If any building, wall or other structure be so erected or re-erected, or gas or air any street or railway or tramway be so constructed, the Corporation may mains. remove or otherwise deal with the same as it shall think Ot, and the expenses thereby incurred shall be paid by the person offending. Compensa* 122. In the exercise of any power conferred by section 116 or 120 as lion for little damage or inconvenience as can be shall be done or caused, and damage. compensation for any damage which may be done in the exercise of any of the said powers shall be paid by the Corporation. CHAPTER X. Public Health and Safety. Factories and Trades• Factory not 123. (/) No person shall— to be newly established (a) newly establish, or without lb) remove from one place to another, or premission of (c) re-open or renew after discontinuance for a period of not less than Corporation two years, or (d) enlarge the area or dimensions of, any factory, workshop or bakery in any area other than an area set apart for the accommodation of industries by any Act for the time being in force or by any local authority, except with the permission of the Corporation and in accordance with the terms and conditions stated in such permission. Rangoon Municipal. 267 (2) The Corporation may refuse to give such permission if it is of opinion that the establishment of such factory, workshop or bakery in the proposed position is objectionable by reason of the nature of the site thereof or the density of the population in the neighbourhood. thereof or will be a nuisance to the inhabitants of the neighbourhood- (J) The Corporation may, as a condition of granting such permission, require the owner of any such factory, workshop or bakery to provide housing accommodation sufficient for the number of persons permanently employed by him on the premises- (4) In the event of any act being done in contravention of the provisions of sub-section (/), the Corporation may cause to be forcibly removed all persons from the premises in which the factory, workshop or bakery in respect of which the offence has been committed is situated and no person shall thereafter enter into or remain in the said premises without the permis­ sion of the Corporation. 124- No person shall, otherwise than in accordance with the provisions Regulation of dangerous of this Act,— and offensive (a) store or keep in any premises any articles which are prescribed as trades. dangerous or offensive, or as being, or likely to be, a nuisance to the public, or dangerous to life, health or property ; (b) store or keep in any premises the hide or any part of the carcase of any animal afflicted at the time of its death with infectious or contagious disease ; or (c) carry on or allow to be carried on, in any premises, any trade, manufacture, industry or operation which is prescribed as dangerous to life, health or property or as likely to create a nuisance, either from its nature or by reason of the manner in which or the conditions under which the same is. or is proposed to be, carried on : Provided that nothing in this section shall affect the provisions of the Explosives Act or the Petroleum Act. Markets and Slaughter-houses• 125- (/) No person shall, without, or otherwise than in conformity with Private markets not the terms of, a licence granted by the Corporation in this behalf,— to be kept open with­ (a) keep open, or out a licence. (b) newly establish, or (c) remove from one place to another, or W) re-open or re-establish after discontinuance for a period of not less than one year, or (e) enlarge the area or dimensions of. a private rparket : Provided that the Corporation shall not refuse, cancel or suspend any licence for keepig ooen a private market for any cause other than the failure 268 Rangoon Municipal. of the owner thereof to comply with some provision of this Act or condition of his licence after his attention has been drawn to such failure. (2) When the Corporation has refused, cancelled or suspended any licence to keep open a private market it shall cause a notice of its having so done to be affixed [ * * * * ]* on some conspicuous spot on or near the building or place where such market has been held- Licensing of 126- (/) No person shall, without a licence from the Corporation, sell or ■ale of meat expose for sale, any four-footed animal, or any meat or fish intended for outside market. human food, in any place other than a municipal or licensed market. (2) Nothing in sub-section (/) shall apply— (a) to meat or fish sold in any hotel or eating-house for consumption on the premises, or (b) to fresh fish sold from, or exposed for sale on. a vessel in which it has been brought direct to Rangoon after being caught at sea or in the river. Prohibition 127. No person shall, at any place other than a municipal slaughter-house, of establish­ except with the permission of the Corporation and in accordance with the ternjs ment of slaughter­ and conditions of such permission, slaughter or cause or permit to be houses. slaughtered any four-footed animal, the flesh of which may be used as human food : Provided that; notwithstanding the provisions of section 178, sub-section (j), the Corporation shall not charge any fee for the grant of permission for the sacrificial slaughter, on the occasion of any festival or ceremony, of animals, the flesh of which is not intended for sale. Inspection 128- (/) If there are reasonable grounds for believing that any animal of places for illicit has been or is being or is likely to be slaughtered in contravention of the slaughter of provisions of section 127, any municipal officer authorized in this behalf may, animals and seizure of at any time by day or night, enter into and inspect any such place or premises, carcases so and may seize any animal or the carcase of any slaughtered animal found slaughtered. therein- ' (2) The officer so authorized may remove and sell by auction or otherwise dispose of any animal or the carcase of any animal seized under sub-section (/), and shall place in deposit in the Municipal Fund the proceed» of any such sale. (J) If the owner of any animal or carcase so seized fails to appear within one month from the date of such seizure, and prove his claim to the satisfac­ tion of the Corporation, or if such owner is convicted of an offence under this Act with respect to such animal or carcase, the proceeds of the aforesaid sale shall vest in the Corporation. (4) If the owner of any animal or carcase so seized appears and proves ’his claim to the animal or carcase or to the proceeds of the sale thereof to the ‘The words " in the English and Burmese languages were omitted-bv the Vnionof " Burma (Adaptation of Laws) Order, 1948. Rangoon Municipal. 269 satisfaction of the Corporation, within one month from the date of such seizure, the Corporation shall, if it does not prosecute such owner or if as a result of the institution of a prosecution such owner is acquitted or discharged, pay to such owner the proceeds of the sale of such animal or carcase. 129- The Corporation may— (а) charge such stallages, rents and fees as it may from time to time Levy of charges in fix for the use or occupation of any stall, shop, shed, standing, municipal pen, lairage or other building in a municipal market or markets and slaughter­ municipal slaughter-house, and for the right to expose goods for houses. sale in a municipal market, and for weighing and measuring goods sold in any municipal market ; (б) farm the stallages, rents and fees leviable under clause (a) ; and (c) put up to public auction the privilege of occupying or using any stall, shop, shed, standing, pen, lairage or other building in a municipal market or municipal slaughter-house for such period and on such conditions as it may think fit. Weights and Measures- 130- (/) Any municipal officer authorized in this behalf may, at all Inspection of markets reasonable times, enter into any market, building, shop, stall or place used for and seizure the sale of any goods, food, drink or drugs and inspect any instruments for Of weights and weighing, weights or measures found therein and test the same with other measures. weights and measures, and may seize any such instrument for weighing, weight or measure which he reasonably suspects to be false or other than those prescribed and may cause the same to be examined or tested. (2) Every person for the time being in charge of, or employed in, such market, building, shop, stall or place, shall, if so required by the officer authorized, produce for such inspection and comparison all instruments for weighing, weights and measures kept or used therein. Seizure of Animals-

131. (l) Any municipal officer authorized in this behalf may Inspection and seizure (а) if he has reason to believe that any animal is being kept in any of animals. place or premises in contravention of any provision of this Act, at any time of the day or night, enter into and inspect such place or premises and seize and remove any animals so kept therein ; or . (б) seize and remove any animal found in the course of importation into, or transport within, the City, in contravention of any provision of this Act. (2) If the owner of any animal seized under sub-section (l) fails to appear within one mbnth from the date of such seizure, and prove his claim to such animal to the satisfaction of the Corporation, the Corporation may 270 Rangoon Municipal- sell such animal by auction or otherwise and the proceeds of such sale shall be credited to the Municipal Fund. (3) If the owner of any animal seized under sub-section (/) appears within one month from the date of such seizure and proves his claim to such animal to the satisfaction of the Corporation, the Corporation shall, if reasonable charges for feeding and tending are paid, return such anima] to such owner and may direct the prosecution of such owner under the provisions of this Act. Food, Drink and Drugs. Prohibition 132. No person shall sell, expose for sale or keep for sale any animal, of sale of food, drink or drug intended for human consumption or medical treatment, diseased animals or or manufacture any such food, drink or drug which is diseased, unsound, unwhole­ unwholesome or unfit for human food- some articles Explanation-—Meat into which air or water has been blown or injected intended for shall be deemed to be unfit for human food- human focd. Adulteration 133. (/) No person shall sell or expose, manufacture or store for sale of food, any article of food or drink or any drug which has been adulterated. drink or drugs (2) An article or drug shall be deemed to be adulterated— (a) in the case of an article of food or drink— (i) if any substance has been mixed or packed therewith so as to1 reduce or lower or injuriously affect its quality or strength, or (ii) if any valuable constitsuent of the article has been wholly or in part abstracted ; (Z>) in the case of a drug— (i) if, when it is sold or exposed for sale under or by a name recognised in the British Pharmacopoeia, it differs from the standard of strength, quality or purity laid down in the said Pharmacopoeia, unless the standard of strength, quality or purity of such drugs is plainly stated on the bottle, box or other receptacle, or (ii) if its strength, quality or purity falls below the professed standard under which it is sold or exposed for sale : Provided that no adulteration shall be deemed to have taken place where— (i) the article or drug was unavoidably mixed with any extraneous matter in the process of collection or preparation, or (ii) any matter or ingredient not injurious to health has been add^ thereto or mixed therewith because such matter or ingredient was required for the production or preparation thereof as an article of commerce in a state fit for conveyance or consump­ tion, and not fraudulently to increase the bulk, weight or measure thereof or to conceal its inferior quality, if the Rangoon Municipal. 271 vendor in the prescribed manner brought to the notice of the purchaser the fact that such matter or ingredient had been so added or mixed. (J) The President of the Union may, with reference to any particular article of food or drink, or to any drug.— (a) declare by notification what deficiency in any of the normal constituents, or what addition of extraneous substance or proportion of water, (b) fix by notification a standard of quality, specific gravity or percentage of constituent parts, failure to conform with which, shall, for the purposes of this Act, raise a presumption, until the contrary is proved, that the food, drink or drug, as the case may be, is adulterated.

134. No person shall sell or expose, manufacture or store for sale any Standardized article of food or drink or any drug to which the President of the Union has food and drugs. by notification applied this section unless it fulfils the conditions specified therefor in such notification.

135. No person shall sell or expose, manufacture or store for sale, as Substitutes. being any specified article of food or drink or any specified drug, to which the President of the Union has by notification extended this section, any article (hereinafter referred to as a “ substitute ”) which resembles or purports to be but is different in nature, substance or quality from such notified article or drug.

136. In any prosecution under section 132, 133, 134 or 135— Provisions relating to (a) the Court shall presume, unless and until the contrary is proved, prosecutions. that any animal, food, drink or drug or substitute therefor found in the possession of any person who is or has recently been in the habit of selling that class of animal, or of manufacturing, storing or selling such food, drink or drug, or what purports or purported to be such food, drink or drug, was being kept, manufactured or stored for sale by such person ; ib) it shall be no defence for such person to plead that he was ignorant that the animal, food, drink or drug or substitute was diseased, unsound, unwholesome or unfit for human food or was adulterated or did not fulfil the conditions specified or was a substitute, as the case may be ; (c) no offence shall be deemed to have been committed where such person proves to the satisfaction of the Court that he obtained the food, drink, drug or substitute under a warranty from the manufacturer in, or importer into, the Union of Burma, as th.e case may be, that the food, drink, drug or substitute had not been» adulterated, did fulfil the conditions specified or was not a substitute, and that he had no reason to believe otherwise. 272 Rangoon Municipal. Liability of 137. When any person has been discharged or acquitted of an offence by warrantors. reason of the provisions of clause (c) of section 136. and the warranty proves to be incorrect or misleading, the warrantor shall be deemed to have com­ mitted such offence- Inspection 138. (/) Any municipal officer authorized in this behalf may at any tithe of place.for enter into and inspect any market, building, shop, stall or place used for the sale of food or drink, and sale of any animals, food, drink or drugs intended for human consumption or seizure of medical treatment or for the preparation, manufacture or storage of the same unwhole­ some articles for sale, and may inspect and examine any such animal, food, drink or drug or utensils and any utensil or vessel used for preparing, manufacturing or containing any found therein. such food, drink or drug which may be therein. (2) If any such animal appears to such officer to be diseased, or if any such food, drink or drug appears to him to be unsound, unwholesome or unfit for human consumption or medical treatment, as the case may be, or to be adulterated, or not to fulfil the specified conditions or to be a substitute, or if any such utensil or vessel is of such kind or in such state as to render any food, drink or drug prepared, manufactured or contained therein unwholesome or unfit for human consumption or medical treatment, as the case may be, he may seize and remove such animal, food, drink, drug, utensil or vessel in order that the same may be dealt with as hereinafter in this Chapter provided. (3) The authorized officer may, instead of removing any such animal, food, drink, drug, utensil or vessel seized under sub-section (2). leave the same in such safe custody as the Corporation directs in order that the same may be dealt w-ith as hereinafter in this Chapter provided ; and no person shall remove such animal, food, drink, drug, utensil or vessel from such custody or interfere or tamper with the same in any way while so detained. Seizure of 139- Any municipal officer authorized in this behalf may at any time seize articles any articles of food or drink or any drugs which are in course, of importation into during importation or transport within the City in contravention of the provisions of this Act. or transport. Destruclion 140. (!) When any animal, food, drink, drug, utensil or vessel is seized of animals under section 138, sub-section (2), or section 139, it may. at the discretion of and ai tides seized undvr the officer making the seizure and with the consent of the owner or the pprson section 138 in whose possession it was found, be forthwith destroyed : provided that if or 139. any food, drink or drug so seized is of a perishable nature and is in the opinion of the officer making the seizure, diseased, unsound, unwholesome or unfit for human consumption or medical treatment, it may be destroyed without such consent. (2) The expenses incurred on behalf of the Corporation in taking any action under sub-section (1) shall be paid by the person in whose possession such animal, food, drink, drug, utensil or vessel was at the time of its seizure. Rangoon Municipal- 273

141. (/) Any animal, food, drink, drug, utensil or vessel seized under section Taking 138, sub-section (2). or section 139 which is not destroyed in pursuance of Magistrate section 140 shall, subject to the provisions of section 138. sub-section (i), be ofjanimajSg taken before a Magistrate as soon as may be after such seizure. seized under (2) If it appears to the Magistrate that such animal, food, drink, drug, section 138 utensil or vessel was rightly seized, he shall cause the same_ ,r ' (a) to be forfeited to the Corporation, or (fc) to be destroyed at the expense of the person in whose possession it was found at the time of its seizure. (J) If the Magistrate is of the contrary opinion the person from whose shop or place it was taken shall be entitled to have it restored to him, and it shall be in the discretion of the Magistrate to award him such compensation, not exceeding the actual loss or expenses which he has sustained or incurred, as the Magistrate may think proper. 142- When any authority directs, in exercise of any powers conferred by Foodj^ ^ this Chapter, the destruction of any animal or any food, drink or drug or the direcle/tobe disposal of the same so as to prevent its being used as food or medicine, the destroyed ^ same shall thereupon be deemed to be the property of the Corporation. the property o{ the Corporation, 143- Any dealer in, or purchaser of, any food, drink or drug, who submits power of the same to the Municipal Analyst and pays such fee as the Corporation may fix in this behalf, shall be entitled to have the same analysed by the Municipal o£, article to Analyst and to receive from him a certificate of the results of his analysis. ^lyaed.

144. (/) Any municipal officer authorized in this behalf may apply to tochaM<* purchase any article of food, drink or drug, which may be kept or exposed for aIticIe 0( sale, or be in course of importation into, or transport within, the City, or for f^^nnk the regulation of the sale, importation or transport of which provision has pMrpoBeg <* been made under this Act. upon tendering the price for a quantity not more analysis, than reasonably requisite for the purpose of analysis, and the person in charge of such article of food, drink or drug, shall, if he has authority to sell, be bound to sell such quantity. (2) If the person in charge of any article of food, drink or drug as afore­ said shall be unable for want of authority to sell such quantity as shall be reasonably requisite as aforesaid, the authorized officer may seize a quantity not more than reasonably requisite as aforesaid and shall grant him a certificate stating the nature and quantity of the article seized, and the date and place of seizure, and. upon claim being made, shall pay to the owner the price of the'article seized. U) The authorized officer, after purchasing or seizing any article under, sub-sectioft (;) or sub-section (2). and any person purchasing any article with the intention of submitting the same to analysis, shall, after completing the purchase, forthwith notify to the person in charge of such article his intention 18 274 Rangoon Municipal. to have the same analysed, and shall divide the article into three parts to be then and there separated and c: ch part to be marked and sealed or fastened up in such manner as its nature will permit. (4) The authorized officer and any such person as is mentioned in sub-section C?) shall deliver one of the said parts to the seller or his agent, shall retain another for future comparison, and may send the third to the Municipal Analyst. Disposal of the Dead- President 145. (/) If, from information furnished by competent persons and personal may direct the closing inspection by an officer authorized in that behalf, the Corporation is of o( any place opinion- {or the disposal of the dead. fa) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults and graves in or about the same, or of any churchyard or burial ground adjacent thereto, or (b) that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health, it may submit its opinion, with the reasons therefor, for the consideration of the President of the Union. (2) Upon receipt of such opinion the President of the Union, after such further inquiry, if any. as he shall deem fit to cause to be made, may, by notification published in the Gazette and the local newspapers, direct that such place of public worship or other place for the disposal of the dead be no longer used for the disposal of the dead. (5) On the expiration of two months from the date of any such order of the President of the Union, the place to which the same relates shall be closed for the disposal of the dead. President 146. (/) If the Corporation is of opinion that any place formerly used may sanc­ for the disposal of the dead, but closed under the provisions of section 145 or tion the re-opening under any other law or authority, has by lapse of time become no longer of places injurious to health, and may without risk of danger be again used for the said that have been closed purpose, it may submit its opinion, with the reasons therefor, for the for the consideration of the President of the Union. disposal of the dead. (2) Upon receipt of such opinion the President of the Union, after such further inquiry, if any, as he shall deem fit to cause to be made, may, by notification published as aforesaid, direct that such place be rc-opened for the disposal of the dead. Cariais and 147. (/) No person shall, without the permission of the Corporation exhuma­ tions not under sub-section (2),_ to be made without the (a) make any vault or grave or interment within the wall, or permission underneath any passage, porch, portico, plinth or verandah of of the Corporation. any public place of worship ; or Rangoon Municipal. 275 (b) make any interment, or otherwise dispose of any corpse, n any place which is closed for the disposal of the dead under section 145 : or (r) build, dig. or cause to be built or dug. any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place not registered as a place for the disposal of the dead ; or (d) exhume any corpse- (2) The Corporation may. in special cases, grant permission for any of the purposes aforesaid, subject to such general or special orders as the President of the Union may from time to time make in this behalf. (S) An offence under this section shall be deemed to be a cognizable offence within the meaning of sections 149, 150 and 151 of the Code of Criminal Procedure. Emergency Provisions.

148. In the event of the City being at any time visited or threatened Emergent» with an outbreak of any dangerous disease, or in the event of any infectious measures on outbreak of disease breaking out or being likely to be introduced into the City amongst any danger­ men or animals, the Commissioner, if he is of the opinion that the ordinary ous disease. provisions of this Act or of any other law for the time being in force are insufficient for the purpose. may_ (a) take such special measures, and (/>) by public notice prescribe such temporary regulations to be observed by the public or by any person or class of persons, as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.

149. (/) If the Corporation is of opinion that the destruction of any hut Destruction of huts and or shed is necessary to prevent the spread of any dangerous disease, it may, sheds when after giving to the owner or occupier of such hut or shed such previous notice necessary. of its intention as may in the circumstances of the case appear to it reasonable, take measures for having such hut or shed and all the materials thereof destroyed. (2) Compensation may be paid by the Corporation, in any case in which it.thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed ; but except as so allowed by the Corporation, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.

150. In any case in which the Commissioner is empowered to cause the Power to disinfection of clothing, bedding or other articles which have become infected destroy infected with disease, he may direct the destruction of such clothing, bedding or other clothing, etc, articles if they are likely to retain infection, and may, in his discretion, give ompensation for any article so destroyed. 276 Rangoon Municipal- Emergency 151. On the occurrence of any sudden accident or unforeseen event, or in the threatened occurrence of any disaster, involving or likely to in\olve disasters. extensive damage to any property, or danger to human or animal life, the Commissioner shall take such action as the emergency shall appear to him to justify or to require. Action by 152. Whenever the Commissioner takes any action under section 148.150 •loner to be or 151 hc immediately report to the Corporation the action he has taken, reported. * the reasons therefor and the cost incurred thereby ; and he shall comply with any directions given by the Corporation in respect of such matter- CHAPTER XI. Buildings and Streets. Buildings- Prohibition 153. No person shall commence the work of erection or re-erection of any o! erection or re-erec­ building or of any excavation for the foundations thereof— tion of build­ (fl) unless and until the Corporation has either granted permission for ings without permission the erection or re-erection thereof or has failed to intimate of Corpora­ within the prescribed period its refusal of such permission ; or tion. (b) after the expiry of one year from the date of the said order grant­ ing permission or from the end of the prescribed period, as the case may be. Completion 154. (/) Every person who erects or re-erects any building shall, within certificates^ one month after the completion of the work of erection or re-erection, deliver •ion ST"1**' or send to the Corporation notice in writing of such completion and shall occupy or use gjve to the Corporation all necessary facilities for the inspection of such ,n ' building. (2) The Corporation shall, within seven days after the receipt of the said notice, depute an officer to commence the work of inspection of such building. (J) The Corporation may, within seven days from the date of commence­ ment of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or, in the absence of such address, affixed to a conspi­ cuous part of the building to which such notice relates.— , (а) give permission for the occupation of the building erected or the use of the part of the building re-erected, or (б) refuse such permission in case such building has been erected or rc-crected so as to contravene any provision of this Act. (4) No person shall occupy or permit to be occupied any such building or use or permit to be used any part affected by the re-erection of such building— (<j) until the permission referred to in clause (a) of sub-section (3) bas been granted in the prescribed manner, or Rangoon Municipal- m (b) unless the Corporation has failed for twenty-one days after the receipt of notice of completion to intimate its refusal of the said permission.

155. (/) If any person— Power of . . , , .... r-__Corporation (a) commences the work of erection or re-erection of any building, or t0 direct of any excavation for the foundations thereof, without the removal oi . . person from permission of the Corporation, or buildings In (b) proceeds with the work of erection or re-erection of any building or which works otherwise than after compliance in full with the lawful require- lawfully ments of any prescribed notice by the Corporation, or carriedonor (c) occupies or permits to be occupied or uses or permits to be used unlawfully any building or part of a building erected or re-erected without occupied, the permission of the Corporation under section 154, the Corporation may, after twenty-four hours’ notice, direct that all persons engaged in any capacity in the work of erection or re-erection of such building or part of a building, or occupying or using such building or part of a build­ ing, shall be removed therefrom, and may call upon the Commissioner of Police of Rangoon to enforce such removal, and the Commissioner of Police, on receipt of any such requisition, shall cause all the persons aforesaid to be removed from such building and shall take such measures as will prevent any such person from again entering into or remaining upon such building or part of a building except with the permission of the Corporation : provided that any person occupying or using such building or part of a building as a tenant shall not be removed under clause (c) unless one week’s notice in writing requiring such person to vacate the same has been served on him by the Corporation. (2) All expenditure incurred in the enforcement of the provisions of this section may be recovered from the person offending-

156. (/) If for any reason it shall appear to the Corporation that any Provisions building or part of a building intended for or used for human habitation or human occupation for any purpose whatever is unfit for such habitation or unfit for occupation, it shall give to the owner or occupier of such building notice in £îJbïtetion. writing, stating such reason and signifying its intention to prohibit the further use of such building or part of a building for such purpose, and calling upon the owner or occupier of such building to state in writing any objection thereto within seven days after the receipt of such notice, and, if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Corporation invalid or insufficient, it may, by an order in writing, prohibit the further use of such building or part of a building for human habitation or occupation : provided that, before such order is given, the owner or occupier of the building shall have an opportunity of appearing before the Corporation (or such standing committee as may be prescribed in this behalf), in person or by agent, in support of his objection. 278 Rangoon Municipal• (2) When any such prohibition as aforesaid has been made, the Corpora­ tion shall cause notice of such prohibition to be served upon the owner of, and upon every person who occupies or uses for any purpose, the building or part of a building thereby affected : such notice shall specify a day. being not less than fourteen days from the date thereof, on or before which every such occupier shall remove himself and his property from the said building or part of a building, and, if on the day so appointed any occupier has failed to com­ ply with the terms of the said notice, the Corporation may cause such occupier and his property to be removed from the said building or part of a building and may for such purpose enforce the prohibition by calling upon the Com­ missioner of Police of Rangoon in the manner provided for in section 155: and all expenditure incurred in such enforcement may be recovered from the person offending. (2) When a building or part of a building has been evacuated under sub-section (2), the Corporation shall mark it in the manner prescribed and no person shall, except with the permission of the Corporation and in accordance with the terms and conditions of such permission, enter into or remain in such building or part of a building. (4) At any time after a building or part of a building has been evacuated under sub-section (2), the Corporation may, if it considers that such building or part of a building can be rendered fit for human habitation by structural alterations or repairs, by notice in writing call upon the owner to execute, within a period of six months from the date of receipt of such notice, such structural alterations or repairs as it deems necessary, or may, if it considers it impossible to render such building or part of a building fit for human habitation, by notice in writing call upon the owner to demolish such building or part of a building within a period of thirty days from the receipt of such notice. (5) If at the expiration of the aforesaid period of six months such struc­ tural alterations or repairs have not been executed to the satisfaction of the Corporation it shall issue to the owner thereof a notice in writing ordering the demolition of such building or part of a building within a period of thirty days from the date of receipt of such notice. (6) If at the expiration of the period of thirty days an order to demolish a building or part of a building, issued under sub-section (4) or sub-section (5), has not been complied with, the Corporation may direct, by an order in writing, the demolition of such building or part of a building by any municipal officer or servant or contractor, and the materials of such building or part of a build­ ing shall become the property of the Corporation : provided that, before such order is made, the owner of the building or part of a building shall have an opportunity of appearing before the Corporation (or such standing committee as may be prescribed in this behalf), in person or by agent, and of showing cause why such order should not be made. (7) For sufficient cause, the Corporation may extend the time allowed under, or prescribed by, sub-sections (4), (J) and (6). Rangoon Municipal. 279 (5) If any building or .part of a building in respect of which an order under this section has been made is the subject of a lease, such lease shall be voidable at the option of the lessee with effect from the date on which the said order comes into force.

157. (l) If any building, wall, structure or any thing affixed thereto is in Removal of building* ia a ruinous or dangerous state the Corporation may, by notice in writing, ruinous or require the owner or occupier thereof forthwith either to remove the same or dangerous to cause such repairs to be made thereto as it considers necessary for the public state. safety, and if it appears to it to be necessary in order to prevent imminent danger, it may forthwith take such steps as may be necessary to avert such danger, and such steps may include the forcible removal without notice from such building of all the occupiers thereof and their property. (2) Any expense incurred by the Corporation under sub-section (/) shall be paid by the owner of the said building, wall, structure or thing affixed thereto. (3) No person shall enter into or remain in any building from which the occupiers have been removed under sub-section (/) except with the permission of the Corporation.

158. (/) If for any reason it shall appear to the Corporation that the level Reclamation of low-lying of the site of any building is so low that such building is, or is likely to become, sites. insanitary or to create a nuisance, it shall give to the owner or occupier of such building notice in writing, calling upon such owner or occupier to show cause in writing within thirty days after the receipt of such notice why the said site should not be reclaimed with such materials and raised to such a height and within such period, being not less than six months from the date of the notice, as it shall think fit, and shall also specify in the said notice the cost at which it is prepared to perform the work required by municipal agency, if asked so to do by the said owner or occupier. (2) If no objection is raised by such owner or occupier within such period as aforesaid or any objection which is raised by such owner or occupier appears to the Corporation invalid or insufficient, it may, by notice in writing, direct such owner or occupier— (a) to carry out such reclamation and raising of the height within the period prescribed ; or (b) within thirty days after the receipt of the said notice to pay to the Corporation the estimated cost of performing the work by municipal agency. (5) In any case in which the estimated cost of the reclamation has not been paid to the Corporation, if the aforesaid owner or occupier fails to commence the work of reclamation within three months after the receipt by him of the notice under sub-section (2), or if he thereafter fails to carry on and complete the reclamation to the specified height and with the specified materials within a reasonable period, the Corporation may recover from him 280 Rangoon Municipal. the estimated cost of the work as stated in the notice issued under sub-section (/), or so much thereof as it may consider necessary to complete the work, and may carry out and complete the work by municipal agency. Power to 159. 0) If any building, the site of which is so low as to be. or to re-erection *n t*ie opinion of the Corporation likely to become, insanitary, is demo- of building lished or destroyed by fire or by any other cause, the Corporation may. by oninsanitary notjce jn writing addressed to the owner or occupier of such site, direct that no building shall be erected thereon unless and until the said site has been raised to such height and with such materials as it may specify in such notice- (2) No person shall erect or re-erect any building in contravention of such notice. Public Streets- Closing ot 160. The Corporation may permanently close the whole or any part of public a public street : Provided that— (i) no such street or part of such street shall be closed unless, one month at least before the meeting at which the matter is decided, a notice has been put up in the street or part of a street which it is proposed to close, informing the residents of the said proposal, nor until the objections to the said proposal, if any, made in writing at any time before the day of the said meeting, have been received and considered by the Corporation ; (ii) where the site thereof was transferred to or placed at the disposal of the Municipal Committee of Rangoon or of the Corporation by the President of the Union for use as a street, the previous sanction of the President of the Union has been obtained in that behalf- Disposal of 161. Whenever any public street or part of a public street is permanently land forming closed under section 160, the site of such street, or of the portion thereof street!pub,ic which has been closed, may be disposed of. subject to the provisions of section 42, as land vested in the Corporation. Permission 162. (/) Without the permission of the Corporation no person shall lay to lay or work on, under or above any public street any railway or tramway, and no tramways or railways on permission shall have validity unless and until it is confirmed by the President public of the Union. streets to need the (2) Nothing in this section shall be deemed to affect the railway lines Sanction of which were laid in or upon or in the vicinity of any public street on the 1st the Corpora­ tion and August, 1922 *, or any provision of the Railways Act, the Electricity Act or confirmation of the Tramways Act.1 by the Presi­ dent. 1 Date of commencement ol Uns Act. Rangoon Municipal- 281

163. (;) No person shall, except with the permission of the Corporation Prohibition and in accordance with such terms and conditions, including the payment of uoMnipoi, rent, as it may impose, erect, add to, set up or place against or in front of any street», premises any structure or fixture, or obstruction, which will— {a) overhang, jut or project into, or in any way encroach upon or obstruct the passage of the public along any street ; or (b) jut or project into or encroach upon or cover over any drain or open channel in any street, so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof. (2) The Corporation may, by written notice, require the owner or Power to occupier of any premises to remove any structure, fixture or covering which oj has been erected, set up or placed against, or in front of, the said premises the same, India Ait in contravention of this section or of section 94 of the Burma Municipal Act, XVII. 1884 ', or to alter the same in such manner as the Corporation thinks fit to mt*4. direct. (.?) 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 an account with the owner of the premises for all reasonable expenses incurred by him in complying with the said notice.

164. (/) If any such structure, fixture or covering as is described in Power to require section 163 has been erected, set up or placed against, or in front of. any pre­ removal of India Act mises, at any time before the Burma Municipal Act, 18841 came into force, the projection XVII, Commissioner may give notice under sub-section (2) of the said section to the made Burma before 18S4. owner or occupier of the said premises. Municipal Act, 1884, (2) No compensation shall be paid to any person who sustains loss or came into damage by the removal or alteration of any such structure or fixture or covering force. which has been so erected, set up or placed at any time since the first day of December, 1884 2- Private Streets-

165. Every person who intends to make or lay out a new private street, Notice of intention to whether it is intended to allow the public a right of passage or access over lay out new such street or not, shall give written notice of his intention to the Corporation private street to be given to and shall, along with such notice, submit plans and sections, showing the Corporation. intended level, direction and width and means of drainage of such street, and the height and means of drainage of the buildings to be erected on each side thereof. 1 Repealed by the Municipal Act, 1898 (Burma Act III, 1898). * Date of commencement of the Burma Municipal Act, 1884. 282 Rangoon Municipal- Level of new 166. The level, direction, width and means of drainage of every new private private street* to be street, and the height and means of drainage of the buildings to be erected determined on each side thereof, shall be fixed and determined by the Corporation. by tlie Corporation. New private 167. (/) No person shall make or lay out any new private street, or street not to erect any building on either side thereof, otherwise than in accordance with be made and buildings on the directions of the Corporation under section 166. either side (2) If any such new private street be made or laid out, or if any building thereof not to be erected on either side of any such street be erected, in contravention of this section, except in the Corporation may. by written notice, require the person who is making or accordance with Cor­ laying out or has made or laid out such street, or who is erecting or has poration’s erected such buildings, on or before such date as shall be specified in such direction or approval. notice, by a statement in writing subscribed by him in that behalf and addres­ sed to the Corporation, to show cause why such street or building should not be altered to the satisfaction of the Corporation or, if that is impracticable, why the same should not be demolished or removed ; or may require the said person on such day and at such time and place as shall be specified in such notice to appear before the Corporation or such standing committee as may be prescribed in this behalf, either personally or by an agent, and show cause as aforesaid. (5) If such person shall fail to show sufficient cause to the satisfaction of the Corporation why such street or building should not be so altered or demo­ lished or removed, the Corporation may cause the street or building to be so altered or demolished or removed, and the expenses thereof shall be paid by the said person. Levelling 168. (/) If any private street be not levelled, metalled or paved, sewered, and draining drained, channelled and lighted to the satisfaction of the Corporation, it may, of private streets. by written notice, require the owners of the several premises fronting or adjoining the said street or abutting thereon, or to which access is obtained through such street or which will benefit by works executed under this section, to level, metal or pave, drain and light the same in such manner as it shall direct. (2) If such requisition be not complied with on or before the date specified in such notice, the Corporation may cause the work to be done by municipal or other agency under its own orders, and the expenses incurred by the Corporation in so doing shall be paid by the owners of the premises aforesaid in such proportions as the Corporation shall think fit. (J) Not less than fifteen days before the commencement of any work under sub-section (2) the Corporation shall give written notice to all the said owners of— (a) the nature of the intended work, (b) the estimated expenses thereof, and (c) the proportion of such expenses payable by each owner. Rangoon Municipal- 283 (4) Any owner who is of opinion that the proportion of expenses payable by him in accordance with the order of the Corporation under sub-section (2) is incorrect or unjust may appeal against such order to the Chief Judge of the Rangoon [City Civil Court]1. (5) Effect shall be given by the Corporation to the decision of the Court under sub-scction (4). Conversion of Private into Public Streets.

169. When any private street has been levelled, metalled or paved, Power to declare sewered, drained, channelled and made good to the satisfaction of the Cor­ private poration, it may, with the consent of, and shall, upon the request of the owner streets, when sewered, or of any of the owners of such street, by notice put up in any part of such public street, declare the same to be a public street and thereupon the same shall streets. become a public street. Building Schemes-

170. (/) The Corporation may give public notice of its intention to Power to regulate declqre— future con­ struction of («) that in any streets or portions of streets specified in such notice certain the elevation and construction of the frontage of all buildings classes of buildings in thereafter erected or re-erected shall, in respect of their architec­ particular tural features, be such as the Corporation may consider suitable streets or localities. to the localities ; or (b) that in any localities specified in the notice there will be allowed the construction of only detached or semi-detached buildings or both, each with not less than an area of land specified in such notice appurtenant thereto ; or (c) that in any localities specified in the notice the construction of more than a limited number of houses on each acre of land, such number being specified in the notice, will not be allowed ; or («/) that in any streets, portions of streets, or localities specified in such notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character, or buildings destined for particular uses, will not be allowed without the special permission of the Corporation- (2) No objection to any such declaration shall be received after a period of three months from the publication of such notice. (J) The Corporation shall consider all objections received within the said period, and shall, within a period of two months after the receipt thereof, submit the notice with a statement of all objections received and of its opinion thereon to the President of the Union. • (4) The President of the Union may pass such orders with respect to such declaration as he may think fit : provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued by the Corporation under sub-section (/).i i Substituted by Act XVI, 1946. 284 Rangoon Municipal- (5) The declaration, as confirmed or modified by the President of the Union, shall be published in the Gazette and shall take effect from the date of such publication. (6) No person shall erect or re-erect any building in contravention of any such declaration. Procedure 171. (/) If the Corporation consider it expedient to fix for any existing for Corpora­ or proposed public street a building line or a street alignment, or both a tion to prescribe building line and a street alignment, as the case may be. it shall give public building line notice of its intention so to do( and street alignment. (2) Every such notice shall specify a period within which objections thereto will be received- (3) The Corporation shall consider all objections received within the said period and may then make an order fixing a building line or a street alignment or both a building line and a street alignment, as the case may be, for such public street- (4) A building line shall not be prescribed so as to extend farther back than the front of any building (other than a boundary wall) abutting on the street. (5) Every order made under sub-section (3) shall be published in the Gazette and shall take effect from the date of such publication- Erection or 172- (/) No person shall erect or re-erect a building or part of a re-erection of building so as to project beyond a street alignment fixed under section 171- building beyondstreet (2) Any owner of land who is prevented by the provisions of this section alignment from erecting or re-erecting any building on any land may require the Cor­ prohibited. poration to make compensation for any damage which he may sustain by reason of such prevention, and, upon the payment of compensation in respect of any land situated within such street alignment, such land shall become part of the said street and shall vest in the Corporation. (3) The Corporation may require the alteration or demolition of any building or part of a building erected or re-erected in contravention of sub-section (/). Setting 173- (/) If the front of any building which abuts on a public street is forward of in rear of a building line fixed under section 171 and it is proposed to erect front to building or re-erect such building in any manner that will involve the removal of such line. building or of the portion thereof which abuts on the said street, to an extent exceeding one half of such building or portion thereof above the ground level, such half to be measured in cubic feet, the Corporation may, in any order which it issues under this Act concerning the erection or re-erection of such building, permit or require the front of such building to be set for­ ward to the building line. (2) Except with the permission of the Corporation, no person shall erect or re-erect any building or any portion of a building between a street alignment and a building line fixed under section 171* Rangoon Municipal. 285

174. (/) The Corporation may require any building intended to be Buildings at erected at the corner of two streets to be rounded off or splayed off to such corner streets. of height and to such extent otherwise as it may determine. (2) The owner of the site of such building may require the Corporation to compensate him for the loss of any portion of such site resulting from a requirement of the Corporation under sub-section (/) and on payment of compensation such portion of the site shall vest in the Corporation.

175. (/) The Corporation may. by notice in writing, require the owner of Preparation any land which is intended for division into building sites to prepare and of standard plans for submit for its approval, within a period to be specified in such notice, a plan, division of drawn to some convenient scale to be specified in such notice, and signed in lands into building token of having been prepared by him or under his supervision by a licensed sites. surveyor, in which shall be shown the streets which such owner proposes to construct on such land and the position and boundaries of the building sites into which he proposes to divide such land. (2) On receipt of any plan prepared as aforesaid the Corporation may either intimate its approval thereof or direct such alterations and amendments to be made therein as it shall think fit. (3) If the said owner fails to submit the aforesaid plan within the period specified, the Corporation may cause such a plan as is described in sub-section (/) to be prepared in accordance with its instructions and shall cause a copy thereof to be delivered at the last known place of abode of such owner and to be affixed to some conspicuous position on the land. (4) Such owner may appeal to the President of the Union- fa) against an order under sub-section (/) ; or (b) against an order directing any alterations or amendments in a plan issued under sub-section (2) ; or (c) against any plan prepared under sub-section (3) ; and the order of the President of the Union on such appeal shall be final. (J) Such appeal shall be made- fa) within ninety days after the date of an order under sub-section f/) or sub-section f2) ; or fft) within ninety days after the date on which a copy of the plan prepared under sub-section (3) has been delivered at the last known place of abode of such owner or has been affixed to a conspicuous place on the land, whichever is earlier ; and if not made within such period may be summarily rejected by the Presi­ dent of the Union. fd) When a plan has been approved by the Corporation under sub-section (2) or has been prepared under the instructions of the Corporation under sub­ section (?). such plan, modified in accordance with the order, if any, of the President of the Union under sub-section (4), shall be known as the “ stan­ dard plan " of such land and a copy thereof, signed by such person as may be authorized in this behalf, shall be deposited in the office of the Corporation, 286 Rangoon Municipal■ and another copy similarly signed shall be supplied on application to the owner of such land. (7) No person shall, except with the permission of the Corporation or otherwise than in accordance with the terms and conditions of such permission, construct any street or erect any building on such land otherwise than in accordance with such “ standard plan. ” Saving as to Development Trust. Power to 176. The President of the Union may. by notification, exempt from all exempt or any of the provisions of this Chapter the operations of the Trustees for the operations of Development Development of the City of Rangoon. Trust. CHAPTER XII. General Provisions for the carrying on of Municipal Administration. Validity of Contracts- Contracts. 177. (1) Every contract entered into by or on behalf of the Corporation shall, if it involves an expenditure exceeding two thousand rupees, be in writing and sealed with the common seal of the Corporation. (2) A contract not executed in accordance with sub-section (/) shall not be binding on the Corporation. Licences and Written Permission. Licences 178. (/) Wherever it is prescribed that the permission of the Corporation and written is necessary for the doing of any act, such permission shall (unless it is permission. expressly provided otherwise) be in writing. (2) Whenever it is provided in this Act that a licence or a permission may be given for any purpose, such licence or permission shall specify the period for which, and the conditions and limitations subject to which, the same is granted, and shall be signed in the prescribed manner. (3) For every such licence or permission a fee may be charged at such rate as shall from time to time be fixed by the Corporation. (4) Such licence or permission granted under this Act may at any time be suspended or revoked by the Corporation, if any of its conditions or limitations is infringed or evaded by the person to whom the same has been granted, or if the said person is convicted of an infringement Of any of the provisions of this Act in any matter to which such licence or permission relates. (J) When any such licence or permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Act. be deemed to be without a licence or permission, until the Corporation’s order suspending or revoking the licence or permission is cancelled, or until the licence dr permission is renewed, as the case may be. Rangoon Municipal- (6) Every person to whom such licence or permission has been granted shall, at all reasonable times while such licence or permission remains in force, if so required by the Corporation, produce such licence or permission. (7) The acceptance by the Corporation of the payment of the fee for a licence or permission shall not entitle the person making such payment to the licence or permission, as the case may be, but only to a refund of the fee in case of refusal of the licence or permission ; but an applicant for the renewal of a licence or permission shall, until communication of orders on his application, be entitled to act as if the licence or permission had been renewed ; and. save for a licence or permission required under the provisions of sections 123 and 124. if orders on an application for a licence or permission are not communicated to the applicant within six weeks after the receipt of the application by the Corporation, the application shall be deemed to have been allowed for the year, or for such less period as is mentioned in the application, and subject to this Act and all conditions ordinarily imposed- Power of Entry and Inspection- 179 Any municipal officer duly authorized to make inspections or entry Power ol on surveys or execute any works may enter into or upon any building or land, premises for with or without assistants or workmen, whenever in his opinion such entry is purposes of inspection, necessary or expedient for the purposes of this Act : survey or execution of Provided that, except where it is in this Act otherwise expressly necessary work. provided — (i) no such entry shall be made between sunset and sunrise ; (ii) no building which is used as a human dwelling shall be so entered. unless with the consent of the occupier thereof, without giving the said occupier not less than six hours’ previous written notice of the intention to make the said entry, and, unless for any sufficient reason it shall be deemed inexpedient to furnish such information of the purpose thereof ; (iii) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed ; (iv) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered- Power of

180. (/) Any municipal officer duly authorized to carry out works may entry on deposit upon any land, adjoining, or within one hundred yards of, any such tends works, any soil, gravel, sand, lime, bricks, stone or other materials necessary adjacent to works- for such works. 288 Rangoon Municipal- (2) Such person shall, before depositing materials under sub-section ( / ). give the owner and occupier reasonable notice of his intention to make Such entry, and of the purpose thereof, and shall, if so required by the owner or occupier, set apart by sufficient fences so much of the land as may be required for the purposes mentioned, or referred to. in the said sub-section. (5) The Corporation shall not be bound to make any payment, tender or deposit before so using any land under sub-section (/), but shall do as little damage as may be. and shall pay compensation to the owner or occupier of the land for such entry and for any temporary or permanent damage that may result therefrom. Right 181. Any municipal officer duly authorized in that behalf may. at any of entry into ?.nd time, by day or night, without notice, enter into or upon any place or inspection premises used or intended to be used for any purpose for which any licence, of premises licensed for leave or permission is required by or under this Act in order to satisfy anv purpose. himself as to whether any provision of this Act or any condition of any licence, leave or permission granted, or which any person was bound to obtain, under this Act. is being contravened, or as to whether any nuisance is created upon such place or premises. Enforcement of Orders to execute Works. Execution of 182. (/) When any requisition or order is made by written works which any person it notice by the Corporation under this Act, a reasonable period shall (where required to no period is prescribed by the Act) be specified in such notice for carrying execute by the Corpora­ such requisition or order into effect, and if within the period so specified tion at such such requisition or order or any portion of such requisition or order is not person's cost. complied with, the Corporation may take such measures or cause such work to be executed or thing to be done as shall, in its opinion, be necessary for giving due effect to the requisition or order so made, and the expense thereof shall be paid by the person or by any one of the persons in default. (2) On the written request of any person who is required under any provision of this Act to supply any materials or fittings or to do any work, the Corporation may, on such person’s behalf, supply the necessary materials or fittings or cause the necessary work to be done, but it may refuse to do so unless a deposit is first of all made by the said person of a sum which will, in the opinion of the Corporation, suffice to cover the cost of the said materials, fittings and work. (3) The Corporation may, if it thinks fit, cause any work required to be done under any provision of this Act to be executed by municipal or other agency under its own orders without giving the person by whom the same would otherwise have to be executed any option of doing the same. The expenses of the work so done shall be paid by the person aforesaid, unless the Corporation shall, by general or special order or resolution, sanction the execution of such work at the charge of the Municipal Fund. Rangoon Municipal- 289 In default of

183. Whenever the owner of any building or land fails to execute any owner the work which he is required to execute under this Act, the occupier, if any, of occupier of such building or land may, with the approval of the Corporation, execute the any premises may execute said work, and he shall be entitled to recover the reasonable expenses required incurred by him in so doing from the owner and may deduct the amount Work and recover thereof from the rent which, from time to time, becomes due by him to expenses the owner. from the owner.

184. No person who receives the rent of any building or land in the of Limitation liability of capacity of agent or trustee only shall be liable to do anything which is by agent or this Act required to be done by the owner if he is able to prove to the trustee owner. of satisfaction of the Corporation that he has not sufficient funds of or due to the owner to pay for the same : Provided that nothing in this section shall be deemed to prevent the Corporation from carrying out the necessary works and recovering the expenses so incurred from the actual owner. Recovery of Expenses incurred by the Corporation.

185. Unless it is otherwise expressly provided by this Act, whenever Expenses under this Act the expenses of any work executed or of any measure taken recoverable under this or thing done by or under the order of the Corporation are payable by any Act to be person, the same shall be payable on demand. payable on demand.

186. Instead of recovering any such expenses as aforesaid, the Corpora­ Corporation tion may. if it thinks fit, take an agreement from the person liable for the may receive payment in payment thereof to pay the same in instalments of such amounts and at such instalments. intervals as will secure the payment of the whole amount due, with interest thereon at the rate of nine per cent, per annum, within a -period of not more than five years.

187. (/) Any expenses incurred by the Corporation under any other Expenses provision of this Act in respect of. or for the benefit of, any land or building, incurred by may. if the Corporation thinks fit, be declared to be improvement expenses. Corporation may be (2) Improvement expenses shall be a charge on the land or building in declared respect of which, or for the benefit of which, the same have been incurred improvement expenses and shall be recoverable in instalments of such amounts not being less for and any premises than twelve rupees per annum, and at such intervals as will recovered by instalments. suffice to discharge such expenses, together with interest thereon at the rate of nine per cent- per annum, within such period, not exceeding thirty years, as the Corporation may, in each case, determine. (J) The said instalments shall be payable by the owner or occupier of the land or building on which the expenses are so charged. (4) At any time before the expiration of the period for the payment of any improvement expenses the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Corporation such part of the said expenses as may not have been defrayed by sums already levied in respect of the same. 19 290 Rangoon Municipal. In cases 188. (/) If. when the Corporation demands payment for any expenses falling under under section 185. its right to demand the same or the amount of the demand section 185, disputes to is disputed, or if. in the case of expenses incurred by the Corporation or by Be deter­ the Commissioner in taking temporary measures in the interests of public mined by the Chief Judge safety under the provisions of this Act. the necessity for such temporary of the. measures is disputed, the Corporation shall refer the case for the determina­ Rangoon City Civil tion of the Chief Judge of the Rangoon [City Civil Court.]' Court. (2) Pending the Judge’s decision, the Corporation shall defer further proceedings for the recovery of the sum claimed by it and. after the decision, shall proceed to recover only such amount, if any, as shall be thereby ascertained to be due : Provided that the Corporation or Commissioner, as the case may be, shall not, by reason only of the pendency of any dispute or reference to the said Judge, defer the execution of any temporary measures which may be necessary under any provision of this Act. Payment of Compensation by Corporation- Compensa­ 189. (J) In any case in which immoveable property has deteriorated in tion to owner value owing to the exercise of any power conferred by section 94, 95. 96. 97. for value of immoveable 109. Ill, 112, 148 or 151, the Corporation may pay to the owner of the property property reasonable compensation. d tcriorated (2) On receipt of the compensation referred to in sub-section (/) the owner of the property which has deteriorated in value shall be deemed to have granted the Corporation a perpetual easement to continue the exercise of its powers under the said sections in such a manner as not to create a greater nuisance than at the time when compensation was received. Procedure 190. (/) Any person who is injuriously affected thereby may complain on complaint of injury. to the President of the Union that in the exercise of any power conferred by section 94. 95, 96, 97, 109, 111 or 112 more than the least practicable nui ance has been created- (2) Upon receipt of any such complaint, the President of the Union shall appoint an officer to enquire into the complaint, and such officer shall for the purpose of his enquiry have all the powers of a civil Court trying a suit and shall submit his report to the President of the Union. (5) Upon receipt of his report the President of the Union may, if lie thinks fit, direct the Corporation- fa) to take such measures as it shall deem practicable and reasonable for preventing, abating, diminishing or removing such nuisance ; fb) to pay to the complainant all reasonable costs of and relating to the said complaint. The costs may include compensation for the complainant’s loss of time in prosecuting the complaint. (4) It shall be incumbent on the Corporation to obey every such order. 1 Substituted by Act XVI, 1946. Rangoon Municipal- 29» Saving Of

191. Nothing in this Act shall affect the right of any person who may right to claim suffer injury or whose property may be injuriously affected by any act done damages (or in the exercise of any power conferred by section 94, 95, 96, 97, 109, ill or injury. 112 to recover damages for the same.

192. In any case not otherwise expressly provided for in this Act, the Payment of compensa­ Corporation may pay compensation to any person who sustains damage by tion. reason of the exercise of any of the powers vested in the Corporation, or vested in or delegated to the Commissioner, or to any other municipal officer or servant under this Act-

193. (/) If, in any case not falling under section 185, the Corporation or Amount of expenses Or any other person is required by this Act to pay any expenses or any compensa­ compensation, the amount to be so paid and. if necessary, the apportionment tion to be determined of the same, shall, in case of dispute, be determined, except as is otherwise in all cases provided in section 217 and in the Land Acquisition Act. by the Chief Judge of dispute by of the Rangoon [City Civil Court,]1 on application being made to him for this the Chief Judge of the purpqse at any time within one year from the date when such expenses or Rangoon City Civil compensation first became claimable. Court. (2) If the amount of such expenses or compensation is not paid on demand by the person liable to pay the same, it shall be recoverable as if the same were due under a decree of the said Court. Recovery of Dues- Recovery of

194. (/) Any arrears of tax or any fee or other money claimable by the arrears of Corporation under this Act may be recovered as if they were arrears of land- taxes and revenue. other dues. (2) The President of the Union may, by notification, prescribe the officers by whose orders and on whose application such arrears may be recovered.

195. The Corporation may write oft any sum due on account of any tax Writing off irrecoverable or of the costs of recovering any tax, which shall, in its opinion, be taxes. irrecoverable. Interference with Municipal Officers-

196. No person shall prevent any person duly authorized in that behalf Corporation from exercising his power under this Act of entering on any land or into any not to be prevented building. from exercising power of entry.

197. No person shall obstruct or molest any person with whom the Cor­ Prohibition poration has entered into a contract, in the performance or execution by such of obstruc­ tion of person of his duty, or of anything which he is empowered or required to do by contractor. virtue or in consequence of this Act. 1 Substituted by Act XVI, 1946. 292 Rangoon Municipal-

198. No person shall remove any mark set up for the purpose of Prohibition of removal indicating any lawful direction necessary to the execution of works authorized ol mark. by this Act. Legal Proceedings. Decision of 199. Notwithstanding anything contained to the contrary in the Rangoon the Chief [City Civil Court] 'Act or any other enactment, the Chief Judge of the Rangoon Judge of the Rangoon [City Civil Court]' shall exercise all powers and jurisdiction conferred on. or City Civil vested in, the said Judge under the provisions of this Act, and. unless it is Court. otherwise expressly provided by this Act, his decision on any matter in respect of which he exercises such powers or jurisdiction shall be final. Procedure

200. (/) For the purposes of any appeal, inquiry or proceeding under in inquiries this Act. the High Court or the Chief Judge of the Rangoon[City Civil Court]' before civil may exercise all the powers conferred on the said Court by the Code of Civil Courts. Procedure or the Rangoon [City Civil Court]'Act. as the case may be. and the said Chief Judge shall observe the procedure prescribed in the said Code and Act so far as the same is consistent with the provisions of this Act. (2) The costs of every such appeal, inquiry or proceeding, as determined by the said Court, shall be payable by such parties and in such proportions as the Court shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of the Court. Pees in 201. (/) The President of the Union may, by notification, prescribe what proceedings fee, if any, shall be paid— before civil Courts. (a) on any application, appeal or reference made under this Act to a civil Court ; and (b) previous to the issue, in any inquiry or proceeding of the Court under this Act, of any summons or other process : provided that the fee, if any, prescribed under clause (a) shall not. in cases in which the value of the claim or subject-matter is capable of being estimated in money, exceed the fee at the time being levied in such Court in cases in which the value of the claim or subject-matter is of like amount. (2) The President of the Union may by a like notification determine by what person any fee prescribed under clause (a) of sub-section (!) shall be payable. (3) No application, appeal or reference shall be received by any Court until the fee, if any, prescribed under clause («) of sub-section (/) has been paid. Limitation 202. Where no time is prescribed by this Act for the presentation of an of time. application, appeal or reference, such application or appeal shall be presented, subject to the provisions of section 5 of the Limitation Act, within thirty days after the date of the order in respect of or against which the application or appeal is made or preferred- 1 Substituted by Ad XVI, 1946. Rangoon Municipal. 193 Suits.

203. No suit shall be maintainable against the Corporation or any Indemnity for acts done committee or the Education Board or officer or servant or any person acting in good faith. under and in accordance with the directions of such authority, officer or servant or of a Magistrate in respect of anything in good faith and with due care and attention done or intended to be done under this Act.

204. (/) No suit shall be instituted against the Corporation or against of Protection persons the Commissioner or any other municipal officer or servant in respect of any acting under act done in pursuance or execution or intended execution of this Act, or in this Act against suits. respect of any alleged neglect or default in the execution of this Act— (a) until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the chief municipal office and. in the case of the Commissioner or of a municipal officer or servant, delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of such suit ; nor (b) unless it is commenced within six months next after the accrual of the cause of action. (2) At the trial of any such suit - fa) the plaintiff shall not be permitted to adduce evidence relating to any cause of action save such as is set forth in the notice delivered or left by him as aforesaid ; (b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs. (3) Where the defendant in any such suit is the Commissioner or any other municipal officer or servant, payment of the sum or of any part of any sum payable by him in or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made, with the sanction of the Corporation, from the Municipal Fund. CHAPTER XIII. Punishment of Offences. 205 Whoever— Certain (a) contravenes any provision of any of the sections, sub-sections offences punishable or clauses of this Act mentioned in the first column of the with fine. following table, or of any regulation or order made thereunder, or 294 Rangoon Municipal. (b) fails to comply with any direction lawfully given to, or requisition lawfully made upon him, under any of the said provisions, shall be punished for each such offence with fine which may extend to the amount mentioned in that behalf in the third column of the said table. Explanation—The entries in the second column of the said table, headed “ Subject ”, are not intended as definitions of the offences described in the sections, sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses, but are inserted merely as references on the subjects of the sections, sub-sections and clauses, the numbers of which are given in the first column Section, sub­ Subject. **'iue which may section or clause. be imposed. (1) (2» 13) Section 98 ... Requisition by Corporation to connect premises with One hundred municipal drain. rupees. Section 99 ... Requisition to connect undrained premises situated more One hundred than a hundred iect from municipal drain. rupees. Section 100 ... New buildings not to be erected without drains ... One thousand rupees. Section 103 ... Owners of drain to allow use thereof or joint ownership Fifty rupees. therein to others. Section 108, sub­ Direction limiting use of drain or notice requiring the use One hundred section tl), of a distinct drain. rupees clause (6). Section 121, sub­ Erection of buildings, etc., over drains, water-mains, air- Two hundred section (1). mains, etc., without oermission. rupees. Section 123, sub­ Establishment, etc., of factors etc., without permission One thousand section (1). of Corporation. rupees. Section 124 ... Storing dangerous or offensive articles, and carrying on Five hundred dangerous or offensive trades. ^ rupees. Section 12$, sub­ Keeping open a private market ... ... ... Two hundred section tfh rupees. clause (a). Section 125, sub­ Establishment, removal, rc-opening, re-establislnnent One tliousand section UK and enlargement of private market without permission. rupees. clauses (6) to W- Section 126, sub­ Selling animals’ meat or üsh outside market without One hundred section (7). licence rupees. Section 127 ... Slaughter of animate without permission outside municipal One hundred slaughter-house. rupees. Section 130, sub­ Failure to produce weights, measures, elc. ... ... Fifty rupees section (2). Rangoon Municipal. 295 Section, sub­ Fine which may­ St bject. be imposed. section or clause. <?1 (3) Il) Sale o( diseased or unwholesome animal or article intended Two hundred Section 132 .. (or human food. rupees for a first offence and one thousand rupees for any subsequent of­ fence. Section 133 ... Sale, etc., of adulterated food or drug ... — Two hundred rupees for a first offence and one thousand rupees for any subsequent of­ fence. Section 134 .—. Sale, etc., ol notified article, which is not of prescribed Two hundred standard of purity. rupees for a first offence and one thousand rupees for any subsequent of­ fence. Section 135 ... Sale, etc., of substitutes ... ••• ••• One hundred rupees for a first offence and five hundred rupees for any subsequent off­ ence. Section 13H, sub­ Removing, intcifcring or tampciing with animal, food, Two hundred section (3). drink, drt g, etc., seized and left in custody. rupees. Section 144, sub­ Sale or surrender ol articles of food, drink or drag required Two hundred section (ij. f. r purposes of analysis. rupees. Section 147. sub­ Prohibition of burials within pla;cs of wotship ant' Five hundred section (2). exhumations without permission. rupees. Section 153 ... Prohibition of erection or re-erection of buildii gs withoi t One thousend rem ission of Corporation, rupees. Section 154.sub­ Notice to be given .o Corporation of comple'ion o’ One hundred section (1). building. rupees. Section 154, sub­ Prohibition of occupation of new or re-erected building One thousand section 14). without permission of Corporation. rupees. Section 156. sub­ Entering into or remaining in a building which has been Five hundred section (3). declared unfit for human habitation. rupees. Section 157, sub­ Requisition to repair or remove buildings in ruinous oi. One hundred section (11. dangerous state. rupees. Section 157, sub­ Entering into or remaining in a ruinous or dangerous Fifty rupees. section (3). building from which, occupants have been removed. Section 159. sub­ Erection or re-erection of building on site declared One thousand section 12). insanitary. rupees. 296 Rangoon Municipal. Fine which may Section, sub­ Subject. ] be imposed. section or clause I (3) (11 ____________ (2) ________ — j Section 162, sub­ Laying a tramway or railway on a public street ••• ! One thousand section (2). 1 rupees. j Section 163, sub­ Requisition to remove projections upon street, etc. ... ! Two hundred section (2). i rupees. i Section 164, sub­ Requisition to remove projections upon street, etc. — • One hund'ed section (2). rupees. Section 167, sub­ Laying out a private street otherwise than in accordance One thousand section (2). with the directions of the Corporation rupees. Section 170, sub­ Erection or re-erection of a building in contravention of a One thousand section (ft). declaration published under section 170, sub-section (5). rupees. Section 172 ... Constructing building beyond the street alignment without One thousand permission. rupees. Section 173, sub­ Constructing a building within the regular line of the One thousand section (2). street without permission. rupees. Section 175, sub­ Construction of street or erection of building otherwise One thousand section (7) than in accordance with standard plan. rupees. Continuing 206- Whoever, after having been convicted of— offences. (a) contravening any provision of any of the sections, sub-sections or clauses of this Act mentioned in the first column of the follow­ ing table, or of any regulation or order lawfully made thereunder, or (b) failing to comply with any direction lawfully given to, or requisition lawfully made upon, him under any of the said provisions, continues to contravene the said provision or to neglect to comply with the said direction or requisition or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished for each day that he continues so to offend with fine which may extend to the amount mentioned in that behalf in the third column of ihe said table. Explanation—The entries in the second column of the said table, headed “ Subject ”, are not intended as definitions of the offences described in the sections, sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses, but are inserte d Rangoon Municipal- merely as references to the subject of the sections, sub-sections and clauses, the numbers of which are given in the first column Section, sub­ Daily fine section or which may Subject. be imposed. clause. (2) (3) (1) Section 98 ... Requisition by Corporation to connect ptemises with Ten rupees. municipal drain. Section 99 ... Requisition to connect undrained premises situated more Ten rupees. than a hundred feet front municipal drain. Section 100 ... New buildings not to be erected without drains ... Fifty rupees. Section 103 ... Owners of drain to allow use thereof or joint ownership Five rupees. therein to others. Section 108, sub­ Direction limiting use of drain or notice requiring the use Ten rupees. section (7), of a distinct drain. clause (6). Section 122, sub­ Erection of buildings, etc., over drains, water-mains, air- Twenty rupees. section (I). mains, etc., without permission. Section 123, sub­ Establishment, etc., of factory, etc., without permission of One hundred section (7). Corporation. rupees. Section 124 ... Storing dangerous or offensive articles and carrying on Fifty rupees. dangerous or offenshe trades. Section 125, sub­ Keeping open a private market ... — ••• Twenty-five section i7), rupees. clause (<t). Section 125, sub­ Establishment, removal, re-opening, re-establishment or One hundred section (2), enlargement of private market without permission. rupees. <.Iauses(b)to Ic). Section 126, sub­ Selling animals’ meat or fish outside market without Ten rupees. section (7). licence. Prohibition of erection or re-erection of buildings without One hundred Section 153 ... permission of Corporation- rupees. Section 157, sub­ Requisition to repair or remove buildings in ruinous or Ten rupees. section (7). dangerous state. Section 157, sub­ Entering *nto or remaining in a ruinous or dangerous Five rupees. section (J). building from which occupants have been removed. Section 159, sub­ Erection or rc-erectioo of building on site declared One hundred section (2). insanitary. rupees. Section 162, sub­ Laying a tramway or railway on a public street ... One hundred section (/). rupees. Section 163, sub­ Réquisition to remove projections upon street, etc. ... Ten rupees. section (i). Section 164, sub­ Requisition to remove projections upon street, etc. ... Ten rupees. section (7). 298 Rangoon Municipal. Section, sub­ Daily fine section or \ which may Subject. be imposed. clause. (1) (2) (3) Section ^.sub­ Laying Out private street otherwise than in accordance with One hundred section (7). direction of Cor|ioration. rupees. Section 170, sub­ Erection or re-erection of a building in contravention of a One hundred section (6). declaration published under seetion 170, sub-section (5). rupees. Section 172 ... Constructing building beyond the street alignment without One hundred permission. n pecs. Section 173 ... Constructing building within the regular line of street One lnndrcd without permission. rupees. Section 175, sub­ Laying out of street or erection of building nlhcrwisc One hundred section (7). than in accordance with standard plan. rupees. Certain 207- Whoever contravenes any of the provisions of section 117,118.148, offences 196. 197 or 198 or of any regulation or order made thereunder, or fails to punishable with impri­ comply with any direction lawfully given to, or requisition lawfully made upon, sonment him under any of the said provisions, shall be punished for each such offence without option of with imprisonment which may extend to one month, or with line which may fine. extend to one thousand rupees, or with both. Punishment 208. The law for the time being in force for the punishment of offences of offences relating to the levy or payment of cusioms duties and the grant of drawbacks relating to the terminal in connection therewith and for the reward of informers shall, as far as may be. tax apply to similar offences committed in respect of the levy, payment or refund of any terminal tax which may be imposed under this Act. and any omission or misdescription in passing for export any goods, in respect of which refund of such terminal tax may be claimable, shall be punishable as if such omission or misdescription had been made in passing the said goods for import. Punihsmcnt 209. Any councillor, municipal officer or servant who knowingly acquires, for acquiring share or directly or indirectly, any share or interest in any contract or interest employment with, by, or on behalf of, the Corporation, not being a share or in contract, etc., with the interest such as, under the proviso to section 12. it is permissible for a coun­ Corporation. cillor to have without being thereby disqualified for being a councillor, shall be punishable with simple imprisonment for a term which may extend to one year, or with fine, or with both. Punishment 210. Any essential officer or servant contravening any of the provisions of officer**”^*1 sub-section (2) of section 36 shall be liable to imprisonment for a term not leaving exceeding two months, etnplnj ment. Procedure in Municipal Prosecutions- Offenders 211. (I) Any police-officer or any municipal officer or servant specially against this empowered in this behalf by the Corporation may arrest any person who certain cases commits in his view any offence punishable under this Act, if the name and Rangoon Municipal- 299 address of such person be unknown to him, and if such person, on demand, be arrested by the police declines to give his name and address or gives a name and address which and munici­ such officer has reason to believe to be false. pal officers or servants. (2) No person so arrested shall be detained in custody after his true name and address are ascertained, or without the order of a Magistrate for any longer time, not exceeding forty hours from the arrest, than is necessary for bringing him before a Magistrate.

212. Notwithstanding anything contained in the Code of Criminal Jurisdictionof City Procedure, an offence punishable under this Act and committed outside the Magistrates, City may be tried by a Magistrate having jurisdiction within the City as if such offence had been committed within the City and such Magistrate shall not be deemed to be incapable of taking cognizance of any such offence, or of any offence against any enactment hereby repealed,1 by reason only of his being liable to pay any municipal tax or of his being benefited by the Municipal Fund to the credit of which any fine imposed by him is payable.

213. (/) No Court shall take cognizance of any offence punishable under Procedure in prosecu­ this Act except on a complaint signed by some person duly authorized in that tions. behalf. (2) Notwithstanding anything contained in section 200 of the Code of Criminal Procedure, it shall not be necessary in respect of any offence punishable under this Act to examine the complainant when the complaint is presented in writing.

214. (/) No Magistrate shall take cognizance of any offence punishable Limitation of time for under this Act unless complaint of such offence is made before a Magistrate— prosecution. (a) within three months next after the date of commission of such offence ; or (b) if such date is not known or the offence is a continuing one, within three months next after the date on which the commission or existence of such offence was first brought to the notice of the Corporation or of any officer or servant whose duty it is to report such offence to the Corporation. (2) Failure to take out a licence under this Act shall be deemed, for the purpose of sub-section (/), to be a continuing offence until the expiration of the period for which the licence ought to have been taken out.

215. If any person summoned to appear before a Magistrate to answer a Power of charge of an offence punishable under this Act fails to appear at the time and Magistrate to hear cas es place mentioned in the summons, the Magistrate may, if service of summons in absence is proved to his satisfaction and no sufficient cause is shown for the non­ of accused. appearance of such person, hear and determine the case in his absence. 1 See S.'hedule V to this Act as icprinted in Volume II, Burma Code, sixth edition, 1934. 300 Rangoon Municipal. Report of 216. Any document, purporting to be a report under the hand of Municipal the Municipal Analyst upon any article duly submitted to him for an analysis, Analyst. may be used as evidence of the facts therein stated in any enquiry or prosecution under this Act. Compen­ 217. (/) If, on account of any act or omission, any person has been sation to be paid b; convicted of an offence punishable under this Act and. by reason of the same offenders act or omission of the said person, damage has occurred to any property of against this Act for any the Corporation, compensation shall be payable by the said person for the damage said damage, in addition to any punishment to which he may have been caused by them. sentenced for the said offence. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he has been convicted of the said offence, and on non-payment of the amount of compensa­ tion so determined, the same shall, under a warrant from the said Magistrate, be recovered as if it were a fine inflicted on the said person. Recovery of 218. (/) Whenever any person is convicted of an offence in respect of the licence fees on comic­ failure to obtain a licence or permission required by the provisions of this tion. Act, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the Corporation the amount of the fee chargeable for such licence or permission. (2) Recovery of the fee under sub-section (/) shall not entitle the person convicted to such licence or permission. Compound­ 219. The Corporation may accept from any person, against whom a ing offences reasonable suspicion exists that he has committed an offence punishable under against this Act. this Act, a sum of money by way of compensation for such offence, and on payment of such sum of money no further proceedings shall be taken against such person on account of the offence so compounded- CHAPTER XIV. Alteration of Limits of the City. Notification 220. (/) The President of the Union may. by notification and in such of intention other manner as he may determine, declare his intention— to alter limits of Rangoon. (a) to exclude from the City any local area comprised therein and defined in the notification, or (b) to include within the City any local area defined in the notification. (2) The Corporation or any inhabitant of the City or of a local area, in respect of which a notification has been published under sub-section (i). may submit to the President of the Union any objection in writing to the alteration proposed within six weeks from the publication of the notification, and the President of the Union shall take such objection into consideration. Rangoon Municipal. 301 (J) When six weeks from the date of the publication of a notification under sub-section (/) have expired and the President of the Union has considered the objections (if any) which have been submitted under sub-scction (2), the President of the Union may, by a further notification, exclude from, or include within, the City, any local area in respect of which the notification under sub-section (/) was issued or any part thereof, and Schedule VI shall be amended accordingly.

221. (/) When a local area is excluded from the City under Effect of exclusion of section 220— local area. (a) this Act, and all rules, orders, directions, notices and powers made. issued or conferred thereunder, or in force throughout the City at the time when the local area is so excluded, shall, subject to the proviso to section 1, [* * *]*, cease to apply thereto ; and (b) the President of the Union shall, after consulting the Corporation. frame a scheme determining what portion of the balance of the Municipal Fund and other property vested in the Corporation shall vest in [the State]2 for the benefit of such excluded area, and in what manner the liability of the Corporation shall be apportioned between the Corporation and the Government ; and, on the publication of the scheme in the Gazette, the property and liabilities shall vest and be apportioned accordingly. (2) All property vested in [the State]2 under sub-section (/) shall be applied, under orders of the President of the Union, to discharging the liabilities imposed on the Government under that sub-section, or for the promotion of the safety, health, welfare or convenience of the inhabitants of the said excluded area.

222. When any local area is included in the City under section 220, this Effect of including Act and, except as the President of the Union may by notification otherwise local area. direct, all rules, orders, directions and powers made, issued or conferred thereunder and in force throughout the City at the time the local area is so included, shall apply in such area. CHAPTER XV. Control by the President of the Union.

223. The President of the Union may. by order in writing, suspend the Power of President to execution of any resolution or order of the Corporation or of any municipal suspend authority or officer subordinate thereto, or prohibit the doing of any act which action under is about to be done, or is being done, in pursuance of or under cover of this Act. Act. if, in the opinion of the President of the Union, such resolution, order* 1 1 The word and figure “ sub-section (2) *• were omitted by Act II, 1945. 1 Substituted tor the words “ His Majesty " by the Union of Burma (Adaptation of Laws Order. 1948. 302 Rangoon Municipal- or act is in excess of the powers conferred by law, or the execution of the resolution or order, or the doing of the act. is likely to lead to a serious breach of the peace or to cause serious injury or annoyance to the public or to any class or body of persons. Power of 224. The President of the Union may at any time call upon the President to Corporation to furnish him with any extract from any proceedings of the call for extracts from Corporation or of the Education Board or of any standing committee proceedings. constituted under this Act, and the Corporation shall furnish the same without unreasonable delay. Power of 225. (/) The President of the Union may require the Corporation President for to submit— purposes of examina­ (a) any return, statement, estimate, statistics or other information tion and inspection. regarding any matter under the control of the Corporation ; (b) a report on any such matter : (c) a copy of any document in its charge. (2) The President of the Union may. on receipt of any information or otherwise, depute any officer or officers to make any inspection or examina­ tion of any department, office, service, work or thing under the control of the Corporation and to report to him the result of such inspection or examination. (3) Any officer so deputed may, for the purpose of making such inspec­ tion or examination, inspect the condition of any part of the City, and may require the Corporation- fa) to produce any record, correspondence, plan or other document which is in its possession or under its control, or which is recorded or filed in its office or in the office of any municipal officer or servant ; (b) to furnish any report, return, plan, estimate, statement, account or statistics. (4) Every requisition made under this section shall be complied with by the Corporation without unreasonable delay. Power of 226. If, on receipt of any report submitted or of any document furnished President to under section 225, the President of the Union is of opinion- require municipal fa) that any of the duties imposed on the Corporation by this Act authority to or by any other law for the time being in force has not been take action. performed or has been performed in an imperfect, inefficient or unsuitable manner ; or fb) that adequate financial provision has not been made for the performance of any such duty ; he may, by an order in writing, direct the Corporation, within a period to be specified in the order, to make arrangements to his satisfaction for the proper Rangoon Municipal- 303 performance of the duties mentioned in clause (a), or to make financial provision to his satisfaction for the performance of any such duty, as the case may be : Provided that, unless in the opinion of the President of the Union the immediate execution of any such order is necessary, the President of the Union shall, before making an order under this section, give the Corporation an opportunity of showing cause why such an order should not be made.

227. (/) If, within the period fixed by any order made under section Powers of President 226, any action directed by such order has not been duly taken, the President when muni­ of the Union may by order— cipal authority (а) appoint some person to take the action so directed ; fails to take action. (б) fix the remuneration to be paid to such person ; and (r) direct that such remuneration and the cost of taking such action shall be defrayed out of the Municipal Fund, and, if necessary, that any one or more of the taxes authorized by Chapter VIII shall be levied or increased, but not so as to exceed any maximum prescribed by that Chapter. (2) The person appointed under sub-section (/) may, for the purpose of taking the action directed as aforesaid, exercise any of the powers conferred on the Corporation or on any municipal officer by this Act, which is specified in this behalf in the order made under sub-section (/) ; and such powers may include the power to draw cheques on the accounts specified in section 64. (J) The President of the Union may, in addition to or instead of directing under sub-section (/) the levy or increase of any taxes, direct by notification that any sum of money which may, in his opinion, be required for giving effect to any order made under that sub-section, be borrowed by way of debenture or otherwise on the security of all or any of the said taxes, at such rate of interest and upon such terms as to the time of repayment and otherwise as may be specified in such notification. (4) The provisions of Chapter VI shall apply to any loan raised in pursuance of sub-section (3).

228. (/) If at any time, upon representation made or otherwise, it Powers to appears to the President of the Union that the Corporation is not competent President dissolve to to perform, or persistently makes default in the performance of, any duty or Corporation duties imposed on it by or under this or any other Act for the time being in in case of incompet­ force, or exceeds or abuses its powers, the President of the Union may, by ency, persistent an order, direct that all the members of the Corporation for the time being default or shall retire from office as and from such dateras the President of the Union may excess or abuse of appoint, and that general elections shall take place, as if such date were the power®. day for retirement within the meaning of section 8, in accordance with the provisions of this Act. in so far as they may be applicable. Such order shall be published in the Gazette together with the reasons for making the same. 304 Rangoon Municipal. (2) The members of the Corporation so elected and appointed shall come into office immediately after their names have been published in the Gazette by the President of the Union and shall retire from office at noon on the first day of January next preceding the completion of a period of three years after they take office. (3) All members of the Corporation shall vacate their office as such members from the date of the publication of an order under sub-section (/). and from that date urttil the date of the publication of the names of the new members under sub-section (2) all the powers and duties of the Corporation shall be exercised and performed by the Commissioner. CHAPTER XVI. Schedules and Rules- Schedules to 229. The Schedules 1 attached to this Act as from time to time amended be part ot in accordance with the provisions of this Act shall be deemed to be part of the Act. this Act and all references in this Act to the said Schedules shall be construed as referring to such Schedules as so amended. Alteration 230. The Corporation may add to Schedules I, II. Ill and IV rules not of and inconsistent with the provisions of this Act (which expression shall in this addition to Schedules. section be deemed not to include the said Schedules) to provide for any of the matters dealt with in such Schedules, or for any of the purposes specified in section 235, and may, subject to the same limitation, amend, alter, or annul any rule in the said Schedules : Provided that, if any rule regulating the punishment of an offence is altered or amended, the punishment to be awarded under such altered or amended rule shall not exceed the maximum prescribed in section 234. Power to 231. In all cases where articles of food or drink produced or manu­ make rules factured without the City are intended for sale or consumption, or are likely enforceable outside the to be sold or consumed, within the City, the Corporation shall have the same City. powers of making rules in respect of. and the same powers of inspecting, seizing and disposing of, such articles as if they were produced or manu­ factured within the City : Provided that such powers shall not extend over a place which is a ministered by a municipal or town committee constituted under the Municipal Act, without the sanction of the President of the Union granted subject to such conditions and limitations as he may prescribe and for reasons to be stated, and after opportunity has been given to such committee to show cause against such sanction. 1 Schedules I, II, III and IV are not reprinted in this Code as they have been amended from time to time by the Corporation of the City of Rangoon under section 230. tor these Schedules see the City of Rangoon Municipal Manual. Schedule V, which contained a list of enactments repealed, is also not reprinted in this Code. Schedule VII, which contained certain transitory provisions, has been omitted by the Burma Laws (Adaptation) Act (Burma Act XXVII 1940) Schedule VI, which contains the boundaries of the City of Rangoon, is alone reprinted in this Code. Rangoon Municipal- 305

232. (I) The power to make, add to, alter or rescind rules under Power to section 230 or 231 is subject to the sanction of the President of the Union make rules subject to and to the condition of the rules being made after previous publication. the sanction (2) All rules made under section 230 or 231 shall be finally published in of the ('resident the Gazette and shall thereupon have effect as if enacted in this Act. and all rules to be (J) In addition to the publication required by sub-sections (/) and (2), published. the Corporation may determine in each case what further publication, if any, is required for rules which it is proposed to make and which have been made.

233. (/) The President of the Union may, at any time, require the Cor­ Power of the President to poration to make rules under section 230 or 231, as the case may be, in make rules. respect of any purpose or matter specified therein. (2) If the Corporation fails to comply with such requisition within such reasonable time as may be fixed by the President of the Union, the President of the Union may. afler previous publication, make such rules which shall, on final publication in the Gazette, have effect as if enacted in this Act. i(3) * * * *

234. In making a rule under section 230. 231 or 233, sub-sections (2) and Penalty for breach of (.?). the Corporation or the President of the Union, as the case may be, may rules. provide that any breach thereof shall be punishable— (a) with fine which may extend to five hundred rupees, and in case of a continuing breach, with fine which may extend to twenty rupees for every day during which the breach continues after the conviction for the first breach, or (/>) with fine which may extend to twenty rupees for every day during which the breach continues after receipt of written notice from the Corporation to discontinue the breach.

235. In particular and without prejudice to the generality of the powers Matters in conferred by sections 230. 231 and 233, sub-sections (2) and (3). rules made respect of which rules thereunder may provide for or regulate all or any of the following purposes may be made. and matters, namely (i) (a) the total number of councillors and the number to be elected ; Constitution of Council. (b) the qualifications to be possessed by an elector or councillor ; (c) deciding what associations are “ public bodies ” for the purpose of this Act and what “public bodies” may be represented on the Corporation : (ii) (a) the preparation, publication, correction or revision of the register Elections. of electors : (6) the manner in. the conditions under, and the authority by, which claims to, or objections against, registration may be made and decided ; (c) the date on which the register of electors shall come into operation and the period for which it shall continue in operation ; » Omitted by the Union of B-irma (Adaptation ol Laws) Order, 1948. 20 306 Rangoon Municipal- (</) the nomination of candidates, and objections to such nominations, and the authority or officer by which or by whom such objections may be investigated or decided : (e) the mode of voting in the case of companies or associations ; (/) the date and time of elections, the mode of recording votes, the management of contested elections, and the procedure in case of equality of votes or in the event of one councillor being elected to represent more than one ward or interest : (.!>) fixing of elections to fill casual vacancies ; (/?) the division of the electorate into wards or communities for the purpose of electing councillors to represent the same and the allocation of councillors thereto ; (/) any other matter relating to the system of representation and election for which it may be expedient to provide : Education (iii) (n) the constitution and term of ollice of the Education Board and lioard and standing committees ; standing committo;*. (/>) the qualifications of members of such board and committees and the mode of election, appointment or retirement of such members ; (c) the powers and duties conferred or imposed on such board and committees and the conditions and limitations subject to which such powers may be exercised ; (d) the dissolution and re-appointment of such board or of any such committee : Conduct of (iv) (<?) the time and place of meetings of the Corporation, the Education business. Board or any committee ; (b) the manner in which notice of such meetings may be given : (c) the quorum necessary for the transaction of business at meetings of the Corporation, the Education Board or any committee ; (d) the appointment and tenure of office of or election of a chairman of the Education Board or any committee ; (e) the filling of vacancies on the Education Board or any committee ; (/) the manner in which minutes of proceedings may be kept and published ; (g) the manner in which any councillor or member of the Education Board may resign any office and the manner in which such resignation may be accepted, and the date as from which such resignation may have effect ; (/}) any other matter relating to the proceedings of the Corporation, Education Board or any committee, the holding and regulation of meetings, and the conduct of debate : Delegation (v) the exercise by the Commissioner, or by any other officer or by of powers. any of the servants of the Corporation, of the powers conferred upon the Corporation by this or any other Act. and the conditions and limitations subject to which such powers may be exercised : Rangoon Municipal. 307 (vi) (a) the qualifications without which no person shall be ordinarily Municipal officer and appointed to be a municipal officer or servant; servants. (b) the conditions of service of municipal officers or servants ; (c) the procedure to be followed in dismissing or removing from his appointment or otherwise punishing or penalising any municipal officer or servant ; (cl) the amount and the nature of the security to be demanded from any municipal officer or servant from whom it may be deemed expedient to require security ; (e) the grant of leave to municipal officers and servants ; (/) the payment of allowances to municipal officers and servants, or to certain of them, whilst absent on leave ; («) the remuneration to be paid to the person appointed to act for any of the said officers or servants during their absence on leave ; (//) the period of service of municipal officers and servants; (/') the conditions under which municipal officers or servants, or any of them, shall, on retirement or discharge, receive pensions, gratuities or compassionate allowances ; and under which the widows or other dependent relations of any of the said officers or servants who have died while in the service of the Corporation may receive pensions, gratuities or compassionate allowances, and the amount of such pensions, gratuities or compassionate allowances ; (/) the amount of conveyance allowance payable to municipal officers; (k) the travelling allowance of municipal officers or servants; (/) the rent to be paid by the Commissioner or other municipal officers and servants for accommodation provided for them under clause (iii) (n) of section 26 ; {in) prescribing what municipal officers and servants are “ essential ” for the purposes of section 36 : (vii) (a) maintaining a provident or annuity fund; Provident or (b) compelling all or any municipal officers and servants, not being in annuity the service of the Government, to subscribe to such fund, and, fund. if necessary, providing for the deduction of such subscription out of the salaries or emoluments of such officers and servants ; (c) the payment of contributions to such funds by the Corporation from the Municipal Fund ; (cl) fixing the times, circumstances and conditions under which pay ments may be made out of any funds established under this section and the conditions under which such payments shall discharge the fund from further liability ; (e) the settlement by arbitration or otherwise of disputes relating to such fund, or the payments or subscriptions thereto or claims thereon, between the Corporation and other persons or between persons claiming any share or interest therein ; 308 Rangoon Municipal. (/) such other matters incidental to such fund and the investment thereof as the President of the Union may approve : Transfer of (viii) prescribing the conditions and limitations under which immoveable property. property vested in the Corporation may be transferred or disposed of : Publication (ix) (a) the form and contents of the report and statement to be prepared o( annual ad­ ministration under section 69 : report and (b) the publication of the said report and statement : statement of accounts. (c) the submission of a copy of the same by the Corporation to the President of the Union : Contracts. (x) (a) the manner in which and the persons by whom (subject to section 177) contracts may be executed ; (M the security to be demanded for the due performance of contracts ; (c) requiring estimates of works before contracts are entertained : (d) the examination and acceptance of tenders : Signature of (xi) (a) the manner in which and the person by whom payments may be cinq ief, etc. made out of the Municipal and Education Funds or cheques drawn upon the said funds may be signed : (/>) the manner in which and the person by whom coupons attached to debentures issued under this Act may be signed : The common (xii) the custody of the common seal of the Corporation and the manner seal. in which and the person by whom the common seal may be fixed : Preparation (xiii) the manner in which the budget estimate shall be prepared : of budget estimate. Classification (xiv) the classification of buildings in order to carry out the provisions of of buildings for the fire- section 82 : brigade tax. Tax on (xv) the classes of animals and vehicles on which, and the rate at which, animals and \chicles. the tax on such animals and vehicles may be imposed : Time and (xvi) the regulation of the time and mode of collection of any tax which mode of collection of may be imposed under section 79. sub-section (2) : taxes. Assessment, (xvii)(a) fixing the date before which, and the rates at which, municipal collection, remission, taxes to be levied shall be determined ; refund and (/>) the assessment, collection, composition, remission, refund and recovery of taxes. recovery of taxes and in addition, in the case of the tax on vehicles and animals, the exemptions from such tax ; (r) the dates on. and the manner in, which any tax or any instalment of any tax imposed under this Act shall be payable ; (d) the place at which any such tax or instalment shall be payable ; (e) the person to whom such tax shall be payable : Rangoon Municipal. 309 (xviii) («) the maintenance and improvement of existing drains; Drains. (b) the construction of new drains ; (o) the alteration and discontinuance of drains ; (r/) the flushing and cleansing of drains ; (c) the drainage of any building or land ; (/) the drainage of private streets ; (v) the construction and position of closet accommodation, water* closets, privies, urinals and similar conveniences, public or private, and bathing and washing places and the prevention of nuisance arising therefrom ; (/i) the construction and maintenance of a sufficient number of the aforesaid conveniences in all buildings ; (/) similar provision for the use of the public; (/') the inspection of drains ; (A) the payment of the cost of works executed by municipal agency under the authority conferred by this Act : (xi\) («) the maintenance and regulation of urinals, closet accommoda­ latrines Public and tion, water-closets, bathing and washing places, and premises washing appurtenant thereto, belonging to the Corporation ; places. (b) the regulation of urinals, closet accommodation, water-closets, and bathing and washing places, provided for the use in common of the inhabitants of one or more buildings: (xx) the scavenging of streets and the removal or disposal from all lands Scavenging and disposal and buddings within the City of sewage and rubbish : of refuse. (xxi) («) the maintenance and management of water-works ; Water­ works. (b) the inspection of water-works ; (c*) the power of access to water-works ; (</) the protection of water-works from waste, injury or contamination ; (c) the maintenance of fire-hydrants ; (/) the regulation or prohibition of boating, fishing or bathing in any water-works ; (g) the terms and conditions of the supply of water to buildings and lands and the provision of meters ; (/i) the cutting off of private water-supplies ; (/) the prevention of fraud in connection with water-supply or the use of meters ; (/) prohibiting or regulating the digging or construction of any new well, tank, pond, cistern or fountain ; (A) the prevention of the pollution of water within the City : Streets. (xxii) (a) the maintenance and improvement of public streets; (/>) the prohibition and regulation of projections, obstructions or encroachments and the issue of licences and the conditions under which they may be issued, including the payment of rent or fees ; 310 Rangoon Municipal. (c) the execution of works in or near public streets and the temporary occupation of public streets ; (d) the naming and numbering of streets and the numbering of houses ; ( c) the prohibition and regulation of bill-posting and sky-signs : ( f) dealing with dangerous places ; (g) the lighting of public streets : ih) the watering of public streets : Prohibi ion (xxiii) the prohibition and regulation of the use on any street, pathway or place. and regula­ tion of u e which the public are entitled to use or frequent, of barbed wire of barbed or any material likely to causa injury to persons or animals on wire, etc. any land or premises abutting on the same : (xxiv) the removal, trimming and cutting of trees, shrubs and hedges : Hedges. Lodging- (xxv) (a) fixing, from time to time, the number of persons who may occupy houses. a lodging-house, and rendering licences necessary for the keepers of lodging-houses ; (6) the inspection of lodging-houses : (t ) promoting cleanliness and ventilation in lodging-houses ; («/) lighting of common spaces and staircases in lodging-houses: (e) the precautions to be taken in the case of any dangerous or infectious disease breaking out in a lodging-house : (/) the general regulation and control of lodging-houses : Over­ (xxvi) the prevention of overcrowding, by fixing from time to time the crowding. number of persons who may occupy any building : Rest-ho ses, (xxvii) the inspection and proper regulation of stables, camping grounds, elc. pounds and rest-houses : Camping (xxviii) prohibiting encamping or picketing of animals or the collection or public parking of vehicles in any public place, or the use of such ground. place for the halting of vehicles : Animals. (xxix) («) the prohibition and regulation of the keeping of animals in the City ; (b) the prohibition and regulation of the importation of animals into the City and the transport of animals within the City ; (c) prohibiting the allowing of any animals to be astray, or, where any animal is likely to annoy or intimidate the public, to be at large in any street or public place : (d) the destruction and confiscation of swine and dogs found straying in the City ; (e) the prevention of cruelty to animals ; (f) the disposal of carcases of animals dying in the City : (...) the destruction of any animal1: in the City which from old age or other causes are in a moribund or infirm state or have received such injuries or are suffering from such dangerous disease that their recovery therefrom is unlikely ; Rangoon Municipal. 311 (/;) the prevention of the sale or use as human food of the carcases of animals which die naturally or from disease ; (/) the prohibition of importation into the City, or sale or disposal or use of any animal, or the hide or any portion of the carcase of any animal, dying or slaughtered on account of, or suffering from, any contagious or infectious disease : (xxx) the maintenance and regulation of public wash-houses and the Wash­ prohibition of the exercise of their calling by washermen houses. at places other than those appointed or approved by the Corporation : (xxxi) («) (i) determining which articles arc ir.cluded in the description Dangerous and offensive contained in clause (a) of section 124; trades, and (ii) the prohibition and regulation of the storage or keeping of factories. such articles, by rendering necessary licences or otherwise ; (b) (i) determining which trades, manufactures, industries or operations are included in the description contained in clause (c) of section 124 ; (ii) the prohibition and regulation of the exercise of such trades, manufactures, industries or operations, by rendering licences necessary or otherwise ; (c) the supervision and sanitary regulation of factories and workshops : (xxxii) (<i) the prevention and regulation of the discharge of smoke, steam, Nuisances fumes and noxious vapours ; connected (b) the prohibition and regulation of the use of whistles, trumpets, with ind stries. and noisc-produeing instruments operated by any mechanical means : (xxxiii) (■«) the prohibition of the sale of the flesh of any four-footed animal Management not slaughtered in a municipal slaughter-house and the prohibi­ of municipal markets, etc. tion and regulation of the importation into the City of the flesh and the of any such animal slaughtered without the City ; supervision (b) the prohibition of the sale of meat by any person except under of the manu­ facture, and in conformity with the terms and conditions of a licence storage and sale tf food. granted by the Corporation ; (c) requiring sellers of meat to procure from the Corporation and on requisition to produce passes showing that the meat sold or exposed for sale by them has been derived from animals slaughtered in a municipal slaughter-house ; (</) the management and sanitary condition of municipal slaughter­ houses ; (e) the management and sanitary condition of municipal markets ; (/) the regulation of the manufacture for sale and the sale of articles of food, drink or drugs either by rendering licences necessary or otherwise ; 312 Rangoon Municipal. (g) fixing the qualifications of persons who may compound, mix, prepare, dispense or sell any drug, by rendering certificates or permissions necessary or otherwise ; (h) the regulation of the hours and manner of importation into, or of transport within, the City of any articles of food, drink or drugs by rendering licences for such importation or transport necessary or otherwise : (/) fixing the places at which articles of food, drink or drugs shall be produced for inspection prior to importation, transport or exposure for sale ; (/) fixing the places in which articles of food, drink or drugs may or may not be manuf ictured, kept, sold or exposed for sale ; (k) requiring notice-boards and labels to be affixed by the vendors to articles of food, drink or drugs which have been adulterated and prescribing the particulars with which such notice-boards and labels shall conform ; (/) the prohibition of the importation into, or transport within, the City of any articles of food or drink produced under such conditions as to be, or to be likely to be, injurious to the health of persons consuming the same ; (in) the supervision and sanitary condition of bakeries, places where sweets arc manufactured, public eating-houses, stalls and aerated water and ice factories, and of dairies, stables and buildings or enclosures where animals are kept, whether or not the animals therein are kept for profit ; («) the prohibition and regulation of the exposure of goods for sale on streets and the levying of fees from persons setting up stalls or otherwise selling or exposing for sale goods on streets ; (o) the regulation of the manner in which food grain, whether intended for sale or for private consumption, may be stored ; (p) the precautions to be taken for protecting milch-cattle, milk and milk-products against infection or contamination ; (g) requiring notice to be given of the outbreak of contagious disease among animals, and prescribing precautions to be taken for preventing the spread of such disease : Private (xxxiv) (a) the construction and structural and architectural features of markets private markets ; (b) the drainage, water-supply, ventilation, lighting, sanitary condition and regulation of private markets ; (c) the prevention of cruelty, nuisances, obstruction, overcrowding in, or in the approaches to. or in the passages of, private markets ; (</) the supervision of private markets ; (e) the appointment and removal of superintendents of private markets : (/) fixing the days and the hours on, and during which, any private market may be held or kept open ; Rangoon Municipal. 313 (g) preventing undesirable or diseased persons from entering private markets ; (h) prohibiting persons from selling in a private market the licence for which has been refused, cancelled or suspended : (xxxv) rendering licences necessary for pawn-brokers and determining, by Pawn­ brokers. public auction or otherwise, the amount to be paid for such 1 icences : (xxxvi) notwithstanding the provisions of the Weights and Measures of Weights and Capacity Act,— measures. (a) prescribing the standard weights and measures to be used within the City ; (b) the verification and rectification of instruments for weighing, weights and measures, including the payment of fees for verifying or rectifying the same ; (c) making the use of standard weights and measures compulsory ; (</) preventing and detecting the use of false or defective instruments for weighing, weights and measures in any market, building, shop, stall or place used for the sale of any goods, food, drink or drug : (xxxvii) the registration of all births and dealhs which take place within the Registration of Births and City, and the taking of a census : deaths. (xxxviiiXa) the regulation of the sanitation of theatres, music-halls, Licensing cinematograph exhibitions or other places of public entertain­ of theatres, music-halls, ment or resort and the control and inspection thereof, in order c'c. to ensure the safety, health and convenience of persons employed in, or visiting, attending, or resorting to the same ; (b) rendering licences necessary for such exhibitions and entertainments : (xxxix) (a) the information and plans to be submitted with applications for Construction the approval of sites and for permission to erect or re-erect any of buildings. building ; (b) fixing the period in which refusal to permit erection of buildings must be expressed ; (c) rendering compulsory the appointment of a person to supervise the work of erection or re-erection of buildings or of any specified class or classes of buildings and the description of the qualifica­ tions which such person shall possess ; (d) the grant of completion certificates in respect of newly erected or re-erected buildings, including the description of the cases in which, and of the persons by whom, such certificates shall be granted ; ( e) the height of buildings, whether absolute or relative to the width of streets ; 314 Rangoon Municipal. ( f) the level and width of the foundation, the level of the lowest floor or plinth, and the stability of the structure : (g) the number and height above the ground, or above the next lower storey, of the storeys of which any building may consist ; (//) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations arc to be carried on ; ( /) the space to be left about any building to secure the free circulation of air and facilitate scavenging and for the prevention of fire ; ( j) the ventilation and drainage of buildings ; (.'<) the means and appliances to be provided and maintained for egress from a building and protection of life in case of fire ; (/) '.he materials to be used and method of construction to be adopted; On) the position, materials and methods of construction of fire-places, smoke-escapes, chimneys, stair-cases, water closets, closet accommodation and drains in buildings ; (/<) specifying the parts or portions of building sites on which no building shall be erected and the position thereof ; (o) the paving of any passage between two buildings or appurtenant to any building ; (/>) the restrictions on the use of inflammable materials in buildings ; (<y) the precautions to be taken for the purpose of preventing danger or injury to the public or to persons employed in the work, and of securing the stability of the various parts of the structure and of buildings and property in the vicinity thereof, during the progress of the work or of any demolition or excavation therefor : Insanitary (xl) (a) the removal or improvement of insanitary buildings and buildings buildings. in a ruinous or dangerous condition ; (b) the marking of evacuated uninhabitable buildings; (c) the cleansing, lime-washing or painting of buildings ; (</) compelling the owners or occupiers to take such order with abandoned, unoccupied or neglected buildings or lands as the Corporation may direct ; (e) the prohibition and regulation of the excavation of earth, stone or other materials from any place : Construction (xli) (a) the regulation of the construction, maintenance and working of and working passenger-lifts and all machinery and apparatus pertaining of lifts. thereto ; (b) the regulation of the construction, maintenance, fencing and light­ ing of shafts, landings, hatches, and gates connected with passenger-lifts ; (c) the entry upon, and inspection by such person as the Corporation may authorize in this behalf of any premises containing a passenger-lift ; Rangoon Municipal- 315 (</) the prohibition of the use of any lift where any rule made under this sub-section has not been complied with : provided that such rules shall not affect any provision of the Factories Act, or of the Electricity Act, nor any rules framed thereunder : Explanation.—A lift actually used as a lift by passengers is, for the purposes of this sub-section, a “ passenger-lift, ” notwithstanding that it may not have been constructed for that purpose and that its use as a passenger-lift is not authorized by the owner or occupier- (xlii) (a) the precautions to be taken for the prevention of danger or injury Precautions in demolition to the public during, and to persons engaged in, the demolition of buildings. of buildings or parts of a building and for the protection of other parts of the same building and of other buildings in the vicinity thereof ; (b) requiring any persons intending to demolish a building or part of a building to give such previous notice to the Corporation as may be prescribed, together with particulars of the proposed demolitions and of the precautions to be taken during the progress of the work ; (<■) the prohibition of the commencement of the demolition within the prescribed period except with the permission of the Corporation ; (J) the prohibition of the commencement or continuance of the demolition unless and until all precautions have been and are being taken in accordance with such rules, and with any direc­ tions and requisitions in writing which the Corporation may issue to the person in charge of the work, or to the person who submitted the notice, if any, required under such rules : (xliii) («) rendering licences necessary for the proprietors and drivers of Licensing of vehicles. vehicles or animals plying for hire in the City ; (b) limiting the rales which may be demanded for the hire of any vehicle or of any animals hired to carry loads, or for the service of any person hired to carry loads, and the loads to be carried by such vehicles, animals, or persons, when they are hired within the City for a period not exceeding twenty-four hours, or for a service which would ordinarily be performed within twenty-four hours : provided that no rules shall be made under this clause in respect of any vehicle to which the Rangoon Hackney Carriages Act applies : (xliv) holding of fairs and industrial exhibitions in the City : Holding of fairs, etc. (xlv) protecting the property of the Corporation from injury or interference : Protection of property of the Corpora­ tion. (xlvi) the prohibition and regulation of the stacking of inflammable materials Protection agivinst fire. and of the lighting of fires in any specified portion of the City : 316 Rangoon Municipal. Charges for (xlvii) fixing charges for services rendered by any municipal authority : services by n unicipal authorities. Register of (xlviii) the maintenance of a register showing charges on buildings or lands improve­ for improvement expenses under section 187 : ment charges. Mode of (xlix) determining the person by whom and the time, place and manner at or perform; ncc in which anything prescribed under this Act, for which no of acts not otherwise express provision is made, shall be done : provided for. Inspection (1) determining the cases in which inspection and copies of municipal of municipal records may be granted, and regulating the procedure and fixing records. the fees for obtaining the same : Licences ; nd (li) the forms of licences and notices issued under this Act and the notices. authority entitled to sign or issue the same : and General. (lii) generally for carrying out the purposes of this Act. The High 236. The High Court may, in accordance with the provisions of Part X Coui t to of the Code of Civil Procedure, in so far as they may be applicable, and make rules for regulatirg subject to the conditions and limitations prescribed therein, make rules, consistent the procedure with the provisions of this Act. for regulating the procedure of the Rangoon of the City Civil Court. [City Civil Court]! in the exercise of any powers or jurisdiction conferred on. or vested in, the said Court under the provisions of this Act. CHAPTER XVII. Supplemental Provisions. Councillors 237. Every councillor and every municipal officer or servant appointed to te deemed under this Act, and every contractor or agent for the collection of any to be public servants. municipal tax, and every servant or other person employed by such contractor or agent, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code. Co-operation 238. (/) The Commissioner of Police, Rangoon, shall, as far as may be, of police. co-operate with the Corporation for carrying into effect the provisions of this Act and for the maintenance of good order in the City. (2) It shall be the duty of every police-officer in the City to communicate without delay to the proper municipal officer any information which lie receives of a design to commit, or of the commission of, any offence against this Act. and to assist the Commissioner and any other municipal officer or servant reasonably demanding his aid in the lawful exercise of any power conferred on such municipal officer or servant under this Act,1 1 Substituted by Act XVI, 1946. Rangoon Municipal. 317

239. (/) Any informality, clerical error, omission or other defect in any Informalities assessment made, or in any notice, bill, schedule, summons, or other document and errors in assessments issued under this Act, may at any time, as far as possible, be rectified. not to be (2) No such informality, clerical error, omission or other defect shall be deemed to invalidate deemed to render the assessment, notice, bill, schedule, summons, or other such assess­ document invalid or illegal, if the provisions of this Act have in substance and ments. effect been complied with ; but any person who sustains any special damage by reason of any such informality, clerical error, omission, or other defect shall be entitled to recover compensation.

240. If any dispute arises between the Corporation and any local Disputes brtween authority as regards anything done or to be done under this Act, it shall be Corporation and local referred to the President of the Union for decision, and such decision may autho/itits. include an order as to the costs of any enquiry ordered by the President of the Union and shall be final and binding on the parties and be given effect to : Provided that nothing in this section shall be deemed to affect the provisions of the Municipal Taxation Act.

241. Where any dispute arises between the Corporation and the President Disputes between of the Union as to the interpretation of any of the provisions of this Act. the Corporation President of the Union may. and at the request of the Corporation shall, draw and up a statement of the case and refer it, with the opinion of the [Attorncy- President. Generall 1 thereon, for the decision of the High Court which shall be final : Provided that nothing in this section shall derogate from the authority of the President of the Union as laid down in Chapter XV. 242-243. * * * * SCHEDULES I-V.a * * * *

SCHEDULE VI. 3 Boundaries of the City of Rangoon. [Section 3, clause (vii).] The City of Rangoon comprises the area enclosed within the following boundaries but excludes the areas mentioned in Exceptions (1), (2) and (3):— North.—A straight line drawn in an easterly direction from municipal boundary pillar No. 3. 5 feet west of theodolite survey station N on the northern boundary of survey block No. 38A to municipal boundary pillar • Substituted for the word “Advocate-General" by the t-i.ion of Burma (Adaptation of Lawr) Order, 1948. t l on 229 * Notification» have beêurtsæd from time to time under the provisions of section 220 alter­ ing the limits of the City of Rangoon. For such notifications, see the City of Rangoon Municipal Manual. 318 Rangoon Municipal. No. 4. at the point of intersection of the said northern boundary of survey block No. 38A with the western bank of the Hlaing River; thence south- eastwards. in a straight line, across the said river, to municipal boundary pillar No. 5, 150 feet north-west and 362 feet west of north-west of theodolite survey stations B-617 and H4, respectively; thence along the northern boundary of Hanthawaddy Road to municipal boundary pillar No- 6 on the eastern side of the bridge over the railway line to Prome ; thence in a northerly direction along the eastern boundary of the railway line to municipal boundary pillar No. 7. at the point of junction of the said eastern boundary of the railway line with the northern boundary of survey block 37-F ; thence eastwards along the northern boundary of survey block 37-F. and across Prome Road, for a distance of 2.232 feet, to municipal boundary pillar No. 8. on the eastern boundary of Prome Road, 12 feet cast of theodolite survey station Ifi ; thence northwards along the eastern boundary of Prome Road, to municipal boundary pillar No. 9, at the south-eastern corner of the bridge over Kamayut creek ; thence south-eastwards to municipal boundary pillar No. 16. at the south end of Victoria Lake bund No. 1 ; thence along the water edge at the lowest water level of Victoria Lake to municipal boundary pillar No. 11 at the southern end of Victoria Lake bund No. 3 ; thence south-eastwards for a distance of 125 feet to municipal boundary pillar No. 12. 14 feet north of theodolite survey station C3 ; thence northwards along the western boundary of Kôkkaing Road to municipal boundary pillar No. 13. at the point of intersection of the said western boundary of Kôkkaing Road with the northern boundary of the municipal water pipeline; thence in a south-west:rly direction along the northern boundary of the municipal water pipeline, to municipal boundary pillar No. 14, for a distance of 3.112 feet ; thence north-eastwards in a straight line along the northern boundary of survey block 35-C and across the Bauktaw stream for a distance of 1,431 feet to municipal boundary pillar No. 15, on the northern bank of that stream ; thence along the northern bank of the Bauktaw stream to municipal boundary pillar No- 16, built on permanent theodolite station H ; thence south-eastwards in a straight line across the Pazundaung creek, to municipal boundary pillar No. 17 on the left bank of that creek and 281 feet north-cast of theodolite survey station Q; thence running parallel to the Pazundaung creek and the Pegu River, through the points marked by municipal boundary pillar No. 18, 345 feet east of theodolite station N6 and 15 feet north of theodolite station M 6 ; municipal boundary pillar No. 19, 467 feet south-east of theodolite station Kc, and 291 feet north-west of theodolite station J6; municipal boundary pillar No. 20 built upon theodolite station H° : municipal boundary pillar No. 21,225 feet south-east of theodolite survey stat­ ion S77, and 188 feet north-east of theodolite survey station S7 ; municipal boun­ dary pillar No. 22, built upon theodolite survey station S72 ; municipal boundary pillar No. 23, 415 feet south-west of theodolite survey station Sfi9, and 11 feet south-west of theodolite survey station S 1X1 ; municipal boundary pillar No, 24. 138 feet south-west of theodolite survey station S fc7, and 708 feet north-east of theodolite survey station S w ; municipal boundary pillar No. 25, 248 feet south-west of theodolite survey station S Bi*. and 77 feet north of theodolite Rangoon Municipal. 319 survey station S 82 : municipal boundary pillar No. 26, 480 feet south-west of theodolite survey station S M, and 403 feet north-west of theodolite survey station S58: municipal boundary pillar No- 27. 740 feet south-west of theodolite survey station S °7, and 454 feet north-west of theodolite survey station S 56 ; municipal boundary pillar No. 28, 811 feet south-east of theodolite survey station S 80 and 661 feet north-west of theodolite survey stations 81 : municipal boundary pillar No. 29, built upon theodolite survey station S 84 ; municipal boundary pillar No. 30 on the northern bank of the Hlaingbongale stream, and 153 feet south-west of theodolite survey station S 86, and 114 feet north­ west of theodolite survey station S 21 ; municipal boundary pillars Nos. 31, 32, 33. built upon theodolite survey stations S 112, S *, S l0. East.—From the terminating point of the northern boundary at pillar No. 33. a straight line drawn in a south-easterly direction through port boun­ dary pillar No. 61A. 334 feet south-east and 185 feet north-east of theodolite survey station A 4 and S lt>4. respectively, to a point in the middle of the Pegu River. South.—From the terminating point of the eastern boundary in the middle of the Pegu River a straight line drawn in a south-westerly direction to a point No. 38 situated 2,980 feet from municipal boundary pillar No. 40, which is on the southern bank of the Rangoon River at King’s Point, 11 feet east of theodolite survey station O ». and 4,600 feet from boundary pillar No- 41 ; thence north-westwards in a straight line, through municipal boundary pillar No. 41, built upon theodolite survey station K 1 to municipal boundary pillar No. 42, 407 feet north-west of theodolite survey station H, and 88 feet north of theodolite survey station G ; thence south-westwards in a straight line, to municipal boundary pillar No. 43 on the northern bank of the Thada stream, 15 feet east of theodolite survey station R 2; thence south-westwards in a straight line, to municipal boundary pillar No. 44 on the western bank of the Seikgyi stream and 14 feet east of theodolite survey station T 1 ; thence westwards in a straight line to municipal boundary pillar No. 45, built upon theodolite survey station M 1 ; thence to a point on the southern bank of the Thingyaing stream and 35 feet south of theodolite survey station M 1 ; thence along the southern bank of the Thingyaing stream to municipal boundary pillar No. 46, 110 feet south-west of theodolite survey station W; thence north-eastwards in a straight line to municipal boundary pillar No. 47. built upon theodolite survey station D ; thence west of north-westwards in a straight line, to municipal pillar No. 48, built upon theodolite survey station E ' : thence south-westwards in a straight line to municipal boundary pillar No. 49, 187 feet south of theodolite survey station R 2, and 189 feet south-west of theodolite survey station Q 2; thence north-westwards in a straight line to municipal boundary pillar No. 50, 110 feet north-west of theodolite survey station N 2, and 295 feet north-east of theodolite survey station M 2; thence south-westwards in a straight line to municipal boundary pillar No. 51, 125 feet south of theodolite survey station H 2, and 6 feet east of theodolite survey station G2 ; thence west of north-westwards in a straight line to municipal 320 Rangoon Municipal. boundary pillar No. 52, 478 feet north-west of theodolite survey station T *, and 337 feet cast of north-east of theodolite survey station R 1 : thence north­ westwards in a straight line to municipal boundary pillar No. 53. on the southern bank of the Kanaungto creek and 182 feet north of north-west of theodolite survey station N 1 ; thence northwards in a straight line, across the Kanaungto creek, to municipal boundary pillar No. 54, on the northern bank of the said creek and 270 feet south-west of theodolite survey station A; thence westwards along the northern bank of the Hlcgweyo stream, to a point 73 feet south of theodolite survey station E 1 ; thence in a straight line to municipal boundary pillar No- 55, built upon the abovementioned survey station E*. West.—From the terminating point of the southern boundary at pillar No. 55, a straight line, drawn in a north-easterly direction, to municipal boundary pillar No. 56, built upon theodolite survey station Y ; thence east of south-eastwards in a straight line to municipal boundary pillar No. 57. built upon theodolite survey station Q ; thence north-eastwards in a straight line to municipal boundary pillar No. 58. built upon theodolite survey station L; thence north-westwards in a straight line to municipal boundary pillar No. 59, on the southern bank of the Gyaungwaing stream and 12 feet west of theodolite survey station Q ; thence north of north-eastwards in a straight line to municipal boundary pillar No. 60. on the northern bank of the Alatchaung creek and 5 feet 6 inches west of theodolite survey station Q 1 ; thence north of north-westwards in a straight line to municipal boundary pillar No. 61, on the northern bank of Nabebauk creek and 5 feet west of theodolite station F1 ; thence north of north-westwards in a straight line to municipal boundary pillar No. l, on the southern bank of Panhlaing creek. 5 feet west of theodo­ lite survey station T ; thence north-westwards in a straight line across the Panhlaing creek to municipal boundary pillar No. 2. on the northern bank of the said creek and 521 feet south of theodolite survey station Q ; thence northwards in a straight line to municipal boundary pillar No. 3, the starting point of the northern boundary. All the theodolite survey stations cited above belong to the boundary main traverse circuits of the Rangoon Town District. The survey block numbers and other details given have been taken from the Rangoon Town Survey sheets for the year 1919-20. Exceptions- (1) The area notified from time to time to be the Rangoon Cantonment. (2) The area known as Monkey Point and contained within the following boundaries :— North and East-—The Pazundaung Creek. South.—The Rangoon River. West-—A line drawn from boundary pillar No. 1, on the bank of the Rangoon River at a point 160 feet from the eastern limits of ship building and timber yard allotment No. 36 (as demarcated in 1896 under the Boundaries Rangoon Municipal. 321 Act) in a northerly direction for a distance of 865 feet 6 inches to boundary pillar No. 2 ; thence in an easterly direction for a distance of 24 feet 6 inches to boundary pillar No. 3, and continuing in the same direction for a distance of 28 feet to boundary pillar No. 4 ; thence across and at right angles to Monkey Point Road for a distance of 104 feet to boundary pillar No. 5 ; thence along the north-east side of the Lower Pazundaung Road for a distance of 173 feet to boundary pillar No. 6 ; thence continuing in the same direction for a distance of 187 feet to boundary pillar No. 7 ; thence in a north-easterly direction along the eastern limit of Battery Road for a distance of 345 feet to boundary pillar No. 8 ; thence in a south-easterly direction for a distance of 76 feet 6 inches to boundary pillar No. 9 ; thence in a north­ easterly direction for a distance of 75 feet to boundary pillar No. 10 on the bank of the Pazundaung creek at a point 50 feet to the east of the north­ western corner of the Forest Depot lot. as demarcated in 1896 under the Boundaries Act. (3) All lands and erections used for the purposes of the Rangoon Central Jail and the Rangoon Lunatic Asylum. THE RANGOON WATER WORKS ACT. CONTENTS. CHAPTER I. Preliminary. Sections. 1. * * » 2- Definitions. CHAPTER II. Vesting of Property- 3. Vesting of Royal Lake and cisterns, etc., in committee. CHAPTER III. Construction and Maintenance of Water-works. 4- Duty of committee to construct works for supply of water. 5. Duty of committee to erect stand-pipes. 6. Power for committee to execute works. 7. Power for committee to break up streets. CHAPTER IV. Supply of Water. A.—Supply of Water for Domestic Purposes to Occupiers of Houses or Lands. 8. Right of occupier to certain supply of water for domestic purposes. 21