Panchayat:Repo18/vol2-page0145

Sec. 133 THE MADRAS PUBLIC HEALTH ACT, 1939 145

notwithstanding anything contained in the Act under which such local authority or authorities have been constituted. (b) Any expenditure incurred by a local authority, which is authorised by clause (a) shall be taken into account for the purpose of sub-section (1).

                                                                                                                            CHAPTER XV 
                                                                                                         Rules, bye-laws, penalties, etc.

128.Power of Government to make rules.- (1) The Government shall, in addition to the rule-making powers conferred on them by any other provision contained in this Act, have power to make rules generally to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the power Conferred by subsection (1), the Government may make rules (a) with reference to all matters expressly required, or allowed, by this Act to be prescribed; and

(b) regulating the situations in which sanitary conveniences for the use of the public shall be constructed by a local authority, and the number of such sanitary conveniences. 

129. Penalty for breach of rules.- (1) In making a rule under Section 81 the Government may provide that a breach of such rule shall be punishable with imprisonment which may extend to three months or with fine or with both.

(2) In making a rule under any other provision contained in this Act, the Government may provide that a breach of such rule shall be punishable

(i) with fine which may extend to one hundred rupees, and in case of a continuing breach, with fine which may extend to thirty rupees for every day during which the breach continues after Conviction for the first breach; or

(ii) with fine which may extend to twenty rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach. 

130. Procedure for making and the effect of rules.- (1) The power to make rules under this Act shall be subject to the following conditions:-

(a) A draft of the rules shall be published in the Official Gazette.
(b) Such draft shall not be further proceeded with until six weeks after such publication or until such later date as the Government may appoint.
(2) All rules made under this Act shall be published in the Official Gazette and upon such publication shall have effect as if enacted in this Act. 

131. Bye-laws by local authorities.- Any local authority may make bye-laws, not inconsistent with this Act or the rules made thereunder or with any other law, for carrying out all or any of the purposes of this Act. 132. Breach of bye-laws.- In making a bye-law, the local authority may provide that a breach thereof shall be punishable (a) with fine which may extend to fifty rupees, and in case of a continuing breach with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.

133. Procedure for making or altering bye-laws- In regard to bye-laws made by a local authority under Sections 131 and 132, the following provisions shall apply, namely:- (a) In case the local authority is the Corporation of Madras, Sections 352, 353, 354 and 356 of the Madras City Municipal Act, 1919;

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