Section 239
(1) A 1 [Zila Panchayat] may, and where required by the State Government shall, make bye-laws for its own purposes and for the purposes of 1 [Kshettra Panchayat], applicable to the whole or any part of the rural, in respect of matters required by this Act to be governed by bye-laws and for the purposes of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this Act in the Khand and the district.
239. (1) A 1 [Zila Panchayat] may, and where required by the State Government shall, make bye-laws for its own purposes and for the purposes of 1 [Kshettra Panchayat], applicable to the whole or any part of the rural, in respect of matters required by this Act to be governed by bye-laws and for the purposes of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this Act in the Khand and the district.
In particular and without prejudice to the generality of the power conferred by sub-section (1), a 1 [Zila Panchayat] may, in the exercise of the said power, make any bye-laws described in the list below ;
A — — Building
(a) Declaring with reference to clause (d) of sub-section (2) of section 164 and alteration of any specific description to be a [material alteration] ;
(b) prescribing that, on payment of fees in accordance with such scale as is specified in this behalf plans and specifications shall be obtainable from the 1[Kshettra Panchayat] ;
(c) fixing with reference to section 166 the period for which a sanction shall remain enforce ;
(d) prescribing the type and description of building which may or may not and the purpose for which a building may or may not be
Power of 1 [Zila Panchayat] to make byelaws
erected in any prescribed area or areas within a controlled rural area ;
(e) prescribing the circumstances in which a temple mosque, church or other sacred building may or may not be erected, re-erected or altered in a controlled rural area ;
(f) prescribing with reference to the erection, re-erection or alteration of buildings, or any class of buildings, all or any of the following matters —
(i) the materials and method of construction to be used for external and party walls, roofs and floor ;
(ii) the position and the materials to be used in and method of construction of fire -places, chimneys, drains, latrines, privies, urinals and cesspools ;
(iii) the height and slope of the roof above the upper-most floor upon which human beings are to live or cooking operations are to be carried on ;
(iv) the ventilation and space to be left about the building to secure fee circulation of air and to facilitate scavenging and for prevention of fire ;
(v) the level and width of foundation, level of lowest floor and stability of structure ;
(vi) the number and height of storeys of which the building may consist ;
(vii) the means to be provided for egress from the building in case of fire ;
(viii) any other matter affecting the ventilation or sanitation of building ; and
(ix) the conditions subject to which sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of water or danger to any person using the well ;
(g) regulating, in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent, awning, or other structure, of whatsoever kind or nature, on any land within a controlled rural area.
B — — Drains, privies, cesspools, etc.
(a) Regulating in any manner not specifically provided for in this Act, the construction, alteration, maintenance, reservation, cleansing and repair of drains, ventilation shafts and pipes, water closets, privies, latrines, urinals, cesspools and other drainage works ;
(b) regulating or prohibiting the discharge into drains, or deposit therein, of sewage, sullage, polluted water and other offensive or obstructive matter.
C — Streets
(a) Determining the information and plans to be furnished to the 1 [Kshettra Panchayat] under section 176 ;
(b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors by or by any person for the sale of articles, or for the exercise of any calling or for the setting up of any booth or stall and providing for the setting up of any booth or stall and providing for the levy of fees for such use or occupation ;
(c) regulating the conditions on which permission may be given by the 1 [Kshettra Panchayat] under section 1814 for projections over streets and drains and by the 1 [Zila Panchayat] under section 209 for the temporary occupation of streets.
D — — Markets, slaughter-houses, sale of food, etc.,
(a) Prohibiting the use of any place as a slaughter-houses, or as a market or shop for the sale of animals intended for human food or of meat, or of fish, in default of a license granted by the 1 [Kshettra Panchayat] or otherwise than in accordance with the conditions of a license so granted ;
(b) prescribing the conditions subject to which and the circumstances in which, and the areas or localities in respect of which licenses for such use may be granted, refused, suspended or withdrawn;
(c) providing for the inspection of, and regulation of the conduct of business, in, a place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offensive or dangerous effect arising or likely to arise therefrom ;
(d) providing for the establishment, and for the regulation and inspection of markets and slaughter-houses, of livery stables, of encamping grounds, of sarais of sarais of flour-mills, of bakeries, of places for the manufacture, preparation or sale of specified article of food or drink, or for keeping or exhibiting animals for sale or hire or animals of which the produce is sold, and of places of public entertainment or resort, and for the proper and cleanly conduct of business therein ; and
(e) prescribing the conditions subject to which, and the circumstances in which, and the areas or locality in respect of which, licenses for the purposes of sub-head (d) may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licenses, and prohibiting the establishment of business places, mentioned in subhead (d) in default of license granted by the 1 [Kshettra Panchayat] or otherwise than in accordance with the conditions of a license so granted.
E — Offensive trades
(a) Except where and so far as is inconsistent with anything contained in the Petroleum Act, 1934, or in rules made thereunder, prohibiting the use of any place, in default of a license granted by the 1 [Zila Panchayat] or otherwise than in accordance with the conditions of license so granted, as a factory or other places of business —
(i) for boiling and storing offal, blood, bones, guts or rags,
(ii) for the manufacture of leather or leather goods,
(iii) for melting tallow or sulphur,
(iv) for burning or baking bricks, tiles, pottery or lime,
(v) for soap-making,
(vi) for soap-making,
(vii) for storing hay, straw, thatching grass, wood, coal or other dangerously inflammable material,
(viii) for storing petroleum or any inflammable oil or spirit,
(ix) for storing and pressing cotton and cotton refuse,
(x) for any other purpose if such use is likely to cause a public nuisance or involve risk of fire ;
(b) prescribing (but not so as to derogate from any power conferred on a 1 [Zila Panchayat] by section 202) the circumstances in which and the areas or localities in respect of which licenses may be granted, refused, suspended or withdrawn ; and
(c) providing for the inspection and regulation of the conduct of business in a place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offensive, or dangerous effect arising or likely to arise therefrom.
F — — Public safety and convenience
(a) 2[ * * * * ]
(b) imposing the obligation of taking out licenses on the proprietors or drivers of vehicles (other than motor vehicles), boats or animals kept or plying of hire, or on persons hiring themselves out of the purpose of carrying loads within the limits of the rural area of the district, and fixing the fees payable for such licenses and the conditions on which they are to be granted and may be revoked ;
(c) fixing and regulating the use of place at which boats may be moored, loaded and unloaded and prohibiting the mooring, loading and unloading of boats except at such places as may be prescribed by the 1 [Zila Panchayat] .