Whenever under this Act or the rules or the regulations made thereunder the doing of, or the omission to do, anything or the validity of anything done depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of -
(a) the Council, or
(b) the Standing Committee, or
(c) the Mayor or the Chairperson, or
(d) the Municipal Commissioner or the Executive Officer or any other officer of the municipality, as the case may be, a document, in writing, signed, -
(i) in the cases referred to in clause (a) and clause (b), by the Municipal Secretary where there is a Municipal Secretary, or where there is no Municipal Secretary, by the Municipal Commissioner or the Executive Officer, and
(ii) in the cases referred to in clause (c) and clause (d), by the Municipal Commissioner or the Executive Officer, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion, satisfaction, as the case may be, shall be sufficient evidence thereof.
Notices, etc.
493. Notices etc., to fix reasonable time. Where any notice, bill, order, or requisition, issued or made under this Act or the rules or the regulations made thereunder, requires anything to be done, for the doing of which no time is fixed in this Act or the rules or the regulations made thereunder, such notice, bill, order or requisition shall specify a reasonable time for doing the same.
494. Signature on notices etc., may be stamped.
(1) Every license, permission, notice, bill, summons or other document, which is required by this Act or the rules or the regulations made thereunder to bear the signature of the Municipal Commissioner or the Executive Officer or any other officer of the municipality, shall be deemed to be properly signed if it bears a >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 663 facsimile of the signature of the Municipal Commissioner or the Executive Officer or such other officer, as the case may be, and stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund. under section 106.
495. Notices etc., by whom to be served or issued- Every notice, bill, summons, or other document, required by this Act or the rules or the regulations made thereunder to be served upon, or issued to, any person, shall be served or issued by an officer or other employee of the municipality or by any person authorized by the Municipal Commissioner or the Executive Officer in that behalf.
496. Service of notices etc.
(1) Every notice, bill, summons, order, requisition or other document required or authorized by this Act or the rules or the regulations made thereunder to be served or issued by or on behalf of the municipality or by any of the municipal authorities referred to in section 23, or by any officer or other employee of the municipality, shall, save as otherwise provided in this Act or the rules or the regulations made thereunder, be deemed to be duly served, -
(a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either -
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal office or place of business of the company, or
(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either -
(i) sent by registered post, or
(ii) delivered at the said place of business, or
(c) where the person to be served is a public body or a municipality, or a society or other body, if the document is addressed to the secretary, treasurer or other officer of such public body, municipality, society, or other body at its principal office, and is either, -
(i) sent by registered post, or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 664
(ii) delivered at that office, and
(d) in any other case, if the document is addressed to the person to be served, and
(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the municipal area, or is given or tendered to some adult member of his family, or is affixed on some conspicuous part of the land or building, if any, to which it relates, or
(iii) is sent by registered post to such person.
(2) Any document, which is required or authorized to be served on the owner or the occupier of any land or building, may be addressed to “the owner” or “the occupier”, as the case may be, of such land or building (naming such land or building) without further name or description, and shall be deemed to be duly served, -
(a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1), or
(b) if the document or a copy thereof so addressed, is delivered to some person on the land or the building or, where there is no such person to whom it can be delivered, is affixed to some conspicuous part of such land or building.
(3) Where a document is served on a partnership under this section, the document shall be deemed to be duly served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any premises, the Municipal Commissioner or the Executive Officer may, by notice, in writing, require the occupier of such premises to state the name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6) Nothing in section 494 or section 495 or in this section shall apply to any summons issued under this Act by any court.
Explanation. – For the purposes of this section, a servant shall not be deemed to be a member of the family.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 665 Enforcement of Orders to Execute Works etc.
497. Time for complying with requisition or order, and power of Municipal Commissioner or the Executive Officer to enforce requisition or order on default-
(1) When, under this Act or the rules or the regulations made thereunder, any requisition or order made by a notice, in writing, is issued to any person or persons by any municipal authority or any officer of the municipality, such authority or officer shall specify in such notice such period within which-
(a) such requisition or order shall be complied with, and
(b) any objection thereto, in writing, shall be received by such authority or officer, as such authority or officer may consider reasonable.
(2) If any such requisition or order or any portion thereof is not complied with within the period specified in the notice under sub-section (1), the Municipal Commissioner or the Executive Officer may, subject to such regulations as may be made by the municipality in this behalf, take such measures, or cause such measures to be taken, as may, in his opinion, be necessary for causing due compliance with such requisition or order, and, except where otherwise expressly provided in this Act or the rules or the regulations made thereunder, the expenses, if any, incurred by such authority or officer in causing such compliance shall be recovered from the person or persons to whom such notice is issued.
(3) The Municipal Commissioner or the Executive Officer may take any scheme, execute any work, or cause anything to be done under this section, notwithstanding any prosecution or punishment or liability to punishment of any person under this Act or the rules or the regulations made thereunder for his failure to comply with such requisition or order.
498. Submission of objections to comply with notice.
(1) Any person who has been served with a notice under sub-section (1) of section 497 may, within such period as is specified in such notice, deliver to the municipal authority or the officer or the municipality, as the case may be, any objection, in writing, setting forth the objections which he may desire to state for withdrawal or modification of such notice.
(2) Every such objection shall be placed before the Municipal Commissioner or the Executive Officer for determination and, pending such determination, compliance with any requisition or order in accordance with such notice shall be stayed.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 666
(3) The Municipal Commissioner or the Executive Officer or, if he so directs, any other officer of the municipality of such rank as may be specified by him, other than an officer who has issued such notice, shall, after hearing the person concerned or his agent duly authorized by him, in writing, in this behalf and after considering the circumstances of the case, make such order, either confirming or modifying or canceling the notice, as he thinks fit.
(4)
(a) Where the Municipal Commissioner or the Executive Officer or the other officer of the municipality referred to in sub-section (3) makes an order under that sub-section, either confirming or modifying the notice, he may, if he thinks fit, -
(i) direct that a portion of the expenses, if any, to be incurred in complying with the notice as confirmed or modified shall be borne by the municipality, and
(ii) fix a time within which the notice so confirmed shall be complied with.
(b) If the notice as confirmed or modified is not complied with by such person within the time fixed under sub-clause (ii) of clause (a), the Municipal Commissioner or the Executive Officer shall take such measures, or cause such work to be executed, or such thing to be done, as may, in his opinion, be necessary for causing due compliance with such notice, and the expenses, if any, incurred by the Municipal Commissioner or the Executive Officer in this behalf shall be payable by such person to the Municipal Commissioner or the Executive Officer on demand and, if not paid within ten days of such demand, shall be recoverable as an arrear of tax under this Act.
Recovery of Expenses
499. Power of the municipality to enter into agreement for payment of expenses in installments-
(1) When, under this Act or the rules or the regulations made thereunder, the expenses of any measure taken or work executed or thing done by or under the order of any municipal authority or any officer of the municipality or any Magistrate are payable by any person, the Municipal Commissioner or the Executive Officer may, if he thinks fit and with the approval of the Standing Committee, notwithstanding anything to the contrary contained in this Act or the rules or the regulations made thereunder, enter into an agreement with such person for payment of such expenses in such installments, and at such intervals, as will >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 667 secure the recovery of the whole amount due with interest thereon at such rate of interest as may be determined by the State Government, from time to time, within such period, not exceeding six years, as the municipality may determine.
(2) Every such agreement shall provide for adequate security against the whole amount due from such person.
500. Power of the municipality to declare certain expenses to be improvement expenses-
(1) If any expenses are to be recovered or are incurred on account of any work mentioned -
(a) in section 224 and section 226, or
(b) in the rules or the regulations made under this Act, the municipality may, if it thinks fit, declare such expenses to be improvement expenses.
(2) A register shall be maintained by the Municipal Commissioner or the Executive Officer showing all expenses declared to be improvement expenses under this section, and such register shall be open to inspection by any person upon payment of such fee as may, from time to time, be determined by the Standing Committee.
501. Improvement expenses, how recoverable and by whom payable-
(1) Any improvement expenses under section 500 shall be a charge on the premises in respect of which, or for the benefit of which, such expenses are incurred, and shall be recoverable in such installments, and at such intervals, as may be sufficient to discharge such expenses with interest thereon at such reasonable rate as may be determined by the municipality from time to time, and within such period, not exceeding thirty years, as the municipality may in each case determine.
(2) The improvement expenses shall be payable by the owner or the occupier of the premises on which such expenses are chargeable.
502. Recovery of improvement expenses paid by occupier- Notwithstanding anything contained in section 501, when the occupier of any premises pays any installment of improvement expenses, he shall, subject to any agreement to the contrary, if any, between himself and the owner of such premises, be entitled to deduct the amount of such installment from the rent payable by him to such owner or to recover such amount from such owner in pursuance of any order of a court of competent jurisdiction.
503. Right of the owner or occupier to redeem charge for improvement expenses. At any time before the expiration of the period for payment of any >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 668 improvement expenses, the owner or the occupier of the premises on which such expenses are chargeable may redeem such charge by paying to the municipality such part of such expenses as is still payable.
504. Execution of work by occupier on the failure of owner. Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or the rules or the regulations made thereunder, the occupier, if any, of such land or building may, with the approval of the Municipal Commissioner or the Executive Officer, execute such work and shall, subject to any agreement to the contrary between himself and the owner of such land or building, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct any amount thereof from the rent payable by him to such owner.
505. Relief to receivers, agents and trustees-
(1) Whenever under this Act or the rules or the regulations made thereunder, any person, by reason of his -
(a) receiving the rent of any immovable property as receiver or agent or trustee of such property, or
(b) being such receiver or agent or trustee, would receive the rent if such property were let to a tenant, is bound to discharge any obligation imposed on the owner of such property but has not at his disposal funds belonging or payable to such owner, sufficient for the purpose of discharging such obligation, shall, within a period of six weeks from the date of service upon him by any municipal authority or officer of the municipality empowered in this behalf under this Act, of any notice requiring him to discharge such obligation, apply to a court of competent jurisdiction for leave to raise such funds or for such directions as he may consider necessary for such purpose.
(2) If such receiver or agent or trustee fails to apply to a court of competent jurisdiction under sub-section (1) or, after such court has granted leave to raise funds or has issued directions, fails to discharge such obligation or to comply with such directions within twelve months of such leave or such directions, he shall be personally liable to discharge such obligation.
Payment of Compensation
506. General power of the municipality to pay compensation. In any case not otherwise expressly provided for in this Act or the rules or the regulations made thereunder, the Municipal Commissioner or the Executive Officer may, with the >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 669 prior approval of the Standing Committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or the rules or the regulations made thereunder on the Municipal Commissioner or the Executive Officer or on any other officer or other employee of the municipality.
507. Compensation to be paid for damage to property of municipality.
(1) Any person who has been convicted of any offence under this Act or the rules or the regulations made thereunder shall, without prejudice to any punishment to which he may be subject, be liable to pay such compensation for any damage to any property of the municipality resulting from such offence as the appropriate municipal authority may consider reasonable.
(2) In the case of any dispute regarding the amount of compensation under subsection (1), such amount shall, on an application, in writing, made by such person to the Magistrate who convicts such person of suc