133 THE PUDUCHERRY MUNICIPALITIES ACT, 1973 (No. 9 of 1973) ARRANGEMENT OF SECTIONS
CHAPTER - I PRELIMINARY Section
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II CONSTITUTION AND ABOLITION OF MUNICIPALITIES
3. Constitution of municipalities.
4. Townships.
5. Abolition of municipalities.
CHAPTER - III CONSTITUTION OR APPOINTMENT OF MUNICIPAL AUTHORITIES
6. The municipal authorities.
(a) Council
7. Constitution of municipal council.
8. Incorporation of municipal council.
9. Reservation of seats for Scheduled Castes.
10. Duration of municipal councils.
11. Procedure when no councillor is elected.
(b) Chairman
12. Chairman and Vice-Chairman of council. 12-A. Election of Chairman. 12-B. Election of Vice-Chairman. 12-C. Cessation of office of Chairman and Vice-Chairman.
13. Chairman, Vice-Chairman or councillors not to receive remuneration.
(c) Commissioner
14. Commissioner and personal assistant to the Commissioner. 134
CHAPTER - IV ELECTIONS
(a) Election of councillors
15. Definitions. 15-A. Election of Municipal councils.
16. Election of municipal councillors.
17. Election to more than one seat.
18. Qualification for inclusion in electoral roll for municipality and publication thereof.
19. Power to re-arrange and republish electoral roll.
(b) Qualification for membership of council
20. Qualification of candidates.
21. Disqualification of candidates.
22. Disqualification of councillors.
23. Decision on questions of disqualification.
24. Oath or affirmation to be made by councillors.
(c) Corrupt practices.
25. Corrupt practices.
(d) Electoral offences
26. Maintenance of secrecy of voting.
27. Promoting enmity between classes in connection with election.
28. Prohibition of public meeting on the day preceding the election day and on the election day.
29. Disturbances at election meetings.
30. Restrictions on the printing of pamphlets, posters, etc.
31. Officers, etc., at elections not to act for candidates or to influence voting.
32. Prohibition of canvassing in or near polling stations.
33. Penalty for disorderly conduct in or near polling stations.
34. Penalty for misconduct at the polling station.
35. Penalty for illegal hiring or procuring of conveyances at elections.
36. Breaches of official duty in connection with election.
37. Penalty for municipal and Government servants, etc., for acting as election agent, polling agent or counting agent.
38. Removal of ballot papers from polling stations to be an offence.
39. Other offences and penalties therefor.
40. Prosecution regarding certain election offences. 135
(e) Requisitioning of property for election purposes.
41. Requisitioning of premises, vehicles, etc., for election purposes.
42. Payment of compensation.
43. Power to obtain information.
44. Power of entry into and inspection of premises, etc.
45. Eviction from requisitioned premises.
46. Release of premises from requisition.
47. Penalty for contravention of any order regarding requisitioning.
(f) Dispute regarding elections.
48. Election petition.
49. Parties to the petition.
50. Contents of the petition.
51. Relief that may be claimed by the petitioner.
52. Election tribunal.
53. Powers of the tribunal.
54. Decision of the tribunal.
55. Other orders to be made by the tribunal.
56. Grounds for declaring election to be void.
57. Grounds for which a candidate other than the retuned candidate may be declared to have been elected.
58. Procedure in case of an equality of votes.
59. Communication of the orders of the tribunal and the transmission of the records of the case to the election authority.
60. Appeal against the order of the tribunal.
61. Orders of the tribunal to be final and conclusive.
62. Orders when to take effect.
63. Disqualification of persons convicted of election offences.
(g) Miscellaneous
64. Publication of the results of election. 64-A. Special procedure for preventing personation of electors. 64-B. Voting machines at elections.
65. Power to make rules regulating elections.
66. Jurisdiction of civil courts barred. 136
CHAPTER - V POWERS AND FUNCTIONS OF MUNICIPAL AUTHORITIES
(a) Council
67. Vesting of municipal administration in the council.
68. Council’s power to call for records in Commissioner’s custody.
69. Council’s power to call for records of committees.
70. Appointment of committees.
71. Appointment of special committees.
72. Provisions in regard to meeting of council, etc.
73. Appointment of joint committee.
74. Acts of municipal council, etc., not to be invalidated by informality, etc.
75. Vesting of public streets and appurtenances in the municipal council.
76. Prohibition against removal of or causing damage to trees growing on public streets.
77. Duty of municipal council in respect of public streets withdrawn.
78. Vacant lands belonging to Government situated in the municipality to be in the possession or under the control of the council.
79. Power of Government to transfer control of endowment to council.
80. Collected sewage, etc., to belong to municipal council.
81. Inventory of municipal property.
82. Limitation of power to accept property in trust.
83. Objects not provided for by this Act.
84. Procedure for acquisition of immovable property under the Land Acquisition Act, 1894.
85. Authority competent to contract and contractual powers of persons appointed by Government.
86. Rules regarding the conditions on which contracts may be made.
87. Mode of executing contracts.
88. Motion of no-confidence in Chairman or Vice-Chairman.
89. Annual administration report.
(b) Chairman and councillors
90. Powers and functions of the Chairman.
91. Privileges of the Chairman regarding records and correspondence.
92. Chairman to be member of every committee of the council.
93. Delegation and devolution of functions of Chairman.
94. Presidency of Council.
95. Councillor when to abstain from taking part in discussion and voting. 137
96. Duties and powers of individual Councillors.
97. Resignation of Chairman, Vice-Chairman or Councillor.
(c) Commissioner
98. Functions of the Commissioner.
99. Emergency powers of Commissioner.
100. Power of Commissioner to incur petty contingent expenditure.
101. Rights and duties of the Commissioner.
CHAPTER - VI CONTROLLING AUTHORITIES AND THEIR POWERS
102. Power of Government and Director for purposes of control.
103. Director’s power to enforce execution of resolutions.
104. Power to suspend or cancel resolution, etc.
105. Emergency powers of Director.
106. Government’s power to appoint officers to supervise municipalities.
107. Government’s power to direct the taking of action and to appoint a person to take action in default at expense of the Council and to undertake works for Council.
108. Power of Government to remove Chairman. 108-A. Power of Government to remove Vice-Chairman.
109. Dissolution of Council.
110. Power of officers acting for or in default of municipal council and liability of municipal fund.
CHAPTER - VII MUNICIPAL ESTABLISHMENT
111. Appointment of municipal health officer, and municipal engineer.
112. Government’s power to regulate the method of recruitment, conditions of service, etc., of officers appointed under section 111.
113. Provincialisation of any class of municipal officers or servants.
114. Establishment of the municipal council,
115. Power of Government to transfer officers and servants of municipalities.
116. Power to grant leave to establishment.
117. Special provisions regarding officers and other employees of the Government lent to council. 138
CHAPTER - VIII TAXATION
118. Taxes to be imposed.
119. Resolution of council determining to levy tax.
120. Notification of new taxes. The property tax
121. Description and classes of property tax.
122. Appointment of authorised valuation officer.
123. Method of assessment of property.
124. General exemptions.
125. Taxation to be uniform.
126. Preparation of assessment list.
127. Authorised valuation officer to check assessment.
128. Publication of notice of assessment list.
129. Public notice of time fixed for lodging objections.
130. Objection how to be dealt with.
131. Authentic list how far conclusive.
132. Amendment of assessment list.
133. Assessment to be done after every five years.
134. Property tax a first charge on property.
135. Primary responsibility for property taxes on whom to rest.
136. Apportionment of responsibility for property tax when the premises assessed are let or sublet.
137. Person primarily liable for a property tax entitled to credit if he is a rent payer.
138. Person primarily liable for a property tax how to be designated if his name cannot be ascertained.
139. Vacancy remission.
140. Obligation of transferor and transferee to give notice of transfer.
141. Notice to be given to the Commissioner of the construction, reconstruction or demolition of building.
142. Remission of tax in areas included or excluded in the middle of a half-year.
143. Power of Commissioner to call for information. The profession tax
144. Profession tax.
145. Liability of members of firms, associations and joint Hindu families to profession tax.
146. Liability of servants or agents to profession tax. 139
147. Service of notice on failure of payment of tax.
148. Statements, returns, etc. to be confidential.
149. Owner or occupier to furnish list of persons liable to tax.
150. Requisition on employers or their representatives to furnish list.
151. Deduction of profession tax from salary or wages or other sum. Tax on advertisements other than advertisements published in the newspaper.
152. Tax on advertisements.
153. Prohibition of advertisements without written permission.
154. Permission of the Commissioner to become void in certain cases.
155. Owner or person in occupation to be deemed responsible.
156. Removal of unauthorised advertisements.
157. Collection of tax on advertisement. Duty on transfers of property
158. Method of assessment of duty on transfer of property.
159. Provisions applicable on the introduction of transfer duty.
160. Power to make rules regarding assessment and collection of transfer duty. Entertainments tax.
161. Tax on payment for admission to entertainment. 161-A. Tax on Television exhibition.
162. Additional tax on cinematograph exhibition.
163. Composition and consolidated payment of tax.
164. Admission to entertainment.
165. Manner of payment of tax.
166. Returns.
167. Entertainment exempted from payment of tax.
168. Inspection.
169. Exemption from payment for admission.
170. Powers of entry, search and seizure.
171. Power to make rules. Duty on toddy trees
172. Levy of duty on toddy trees. Additional tax on buildings and lands
173. Levy of additional tax on buildings and lands used for certain purposes.
174. Additional tax on buildings and lands used for certain purpose when payable. 140 Recovery of taxes, fees, cesses and other dues.
175. Mode of recovery of taxes, fees, cesses and other dues.
176. Mode of collection.
177. Distraint and sale movable property.
178. Power of entry by force under special order.
179. Inventory and notice of distress and sale.
180. Property of defaulter may be distrained wherever found.
181. Sale of property.
182. When occupier may be held liable for payment of property tax.
183. Certain amount to be recovered as arrears of land revenue.
184. Imposition of fine. General provisions regarding taxation.
185. Power to exempt from taxes,
186. Assessment of various taxes, etc.,
187. Power to write off irrecoverable taxes, etc.
188. Payment of interest in case of default of payment of taxes.
189. Appeals.
190. Procedure in appeal.
191. Power of Government to call for records and pass orders. 191-A. Exclusion of jurisdiction and pending proceedings.
192. Bar of other proceedings.
CHAPTER - IX FINANCE 192-A. Finance commission.
193. Constitution of the municipal fund.
194. Municipal fund to be in Government Treasury, etc. and operation of accounts.
195. Payments not to be made unless covered by a budget-grant.
196. Procedure when money not covered by a budget-grant is expended.
197. Application of money received and expenditure from fund.
198. Expenditure from municipal fund.
199. Budget estimates.
200. Revised or supplemental budget.
201. Reduction or transfer of budge grants.
202. Re-adjustment of income and expenditure to be made by the council during the course of year, whenever necessary.
203. Powers of the Government over budget.
204. Provisions as to unexpended budget grant.
205. Appointment of auditors of accounts.
206. Powers of auditors.
207. Defect and irregularities to be rectified by the Commissioner. 141
208. Remarks of the council on the final statement of the audit.
209. Audit, surcharge and disallowance.
210. Appeal against the decision of the auditors.
211. Recovery of amount certified to be due.
212. Powers of the Government to waive.
213. Contributions to expenditure by other local authorities.
214. Recovery of loans and advances made by the Government.
215. Grant by Government to the municipal fund.
CHAPTER - X WATER SUPPLY, LIGHTING AND DRAINAGE Water supply
216. Vesting of works in municipal councils.
217. Construction and maintenance of water works.
218. Constitution of water boards for local authorities.
219. Trespass on premises connected with water supply.
220. Prohibition of building over water mains. Supply for domestic use
221. Council to provide water for domestic use.
222. Control over house connections.
223. Private water supply for consumption and domestic use and powers of Commissioner to enforce provision of water supply. Private water supply for non-domestic purposes
224. Power of Commissioner to supply water for non-domestic purposes.
225. Power of council to make bye-laws for water supply.
226. Supply outside the municipality. Cutting off water supply
227. Power to cut off water supply.
228. Non-liability of council for reduction or stoppage of supply in certain cases. Lighting
229. Provision for lighting public street. Public drainage
230. Maintenance of system of drainage by council. 142 Private drainage
231. Control over house-drains, privies and cess-pools and connection of house drains with public drains.
232. Commissioner may close or limit the use of existing private drains
233. Power of Commissioner to drain premises in combination.
234. Building, etc., not to be erected without permission over drains.
235. Construction of culverts or drain-coverings by owner or occupier.
236. Maintenance of troughs and pipes for catching water. Public latrines.
237. Provision of public latrines. Private Latrines.
238. Provision of flush-out or other latrines by owner or occupier.,
239. Provisions of flush-out or other latrines for labourers.
240. Provision of flush-out or other latrines for markets, cart-stands cattle-sheds, choultry, etc.,
241. Flush-out or other latrines to be screened from view and kept clean. General Powers.
242. Power to carry wire, pipes, drains, etc., through private property subject to causing as little inconvenience as possible and paying for direct damage.
243. Prohibition against making connection with mains without permission.
244. Powers in respect of works outside the Municipality.
CHAPTER - XI Scavenging
245. Municipality to arrange for the removal of rubbish and filth.
246. Contribution from persons having control over places of pilgrimage, etc.
247. Prohibition of improper disposal of carcasses, rubbish and filth.
248. Prohibition against keeping filth on premises too long, etc.
249. Prohibition against allowing outflow of filth.
250. Prohibition against using any cart without cover in the removal of filth. etc.
251. Prohibition against throwing rubbish or filth into drains.
CHAPTER – XII Streets Public streets
252. Maintenance and repair of streets.
253. Powers of Municipal authorities.
254. Power to dispose of permanently closed streets.
255. Acquisition of land and buildings for improvement of streets. 143
256. Powers to declare any street a public street, subject to objections by owners.
257. Powers to prescribe building line and street alignment.
258. Buildings not to be constructed within street alignment or building line.
259. Setting back projecting buildings walls.
260. Setting buildings forward to improve line of street.
261. Projected streets.
262. Watering of streets.
263. Temporary closure of streets.
264. Protection of appurtenances and materials of streets.
265. Power of Municipality to recover expenses caused by extraordinary traffic. Private streets.
266. Owner’s obligation to make a street when disposing of land as building sites.
267. Making of new private streets.
268. Application of sections 257, 258 and 269 to private streets.
269. Alteration or demolition of street made in breach of section 267.
270. Power of Commissioner to order work to be carried out or to carry it out himself in default.
271. Right of owners to require street to be declared public. Encroachment in streets.
272. Prohibition against obstructions in or over streets.
273. Prohibition and regulation of doors, ground-floor windows and bars opening outwards.
274. Removal of encroachments.
275. Power to allow certain projections, etc.
276. Power of council to set up hoardings and levy fees.
277. Precautions during repair of street.
278. Prohibition against removal of bars and lights.
279. Prohibition against making holes and causing obstruction.
280. Licence for work on buildings likely to cause obstruction.
281. Clearing of debris of fallen houses, etc., by occupiers. Naming of streets.
282. Naming or numbering of public streets. Numbers on buildings.
283. Numbering of buildings.
284. Prohibition of plying hand-carts without licence.
CHAPTER - XIII Building Regulations General Powers
285. Building rules.
286. Building site and construction or re-construction of buildings. 144
287. Power of council to regulate future construction of certain classes of buildings in particular streets or localities.
288. Building at corner of streets.
289. Prohibition against use of inflammable materials for buildings without permission.
290. Prohibition against constructing doors, ground floor, windows and bars so as to open out-wards. Buildings other than huts
291. Application to construct or reconstruct buildings.
292. Necessity for previous approval of site.
293. Prohibition against commencement of work without permission.
294. Period within which Commissioner is to signify approval or disapproval.
295. Period within which Commissioner is to grant or refuse to grant permission to execute work.
296. Reference to council if Commissioner delays grant or refusal of approval or permission.
297. Grounds on which approval of site for, or permission to construct or reconstruct, building may be refused.
298. Lapse of permission.
299. Inspection by Commissioner.
300. Power of Commissioner to require alteration of work.
301. Stoppage of work endangering human life.
302. Completion certificates.
303. Restrictions on uses of buildings. Wells
304. Application of certain sections to wells. Huts
305. Application to construct or reconstruct huts.
306. Prohibition against commencement of work without permission.
307. Period within which Commissioner is to grant or refuse to grant permission to execute the work.
308. Reference to the standing committee, or council if Commissioner delays passing orders.
309. Grounds on which permission to construct or reconstruct hut may be refused.
310. Lapse of permission. General
311. Restriction on the power to refuse approval or permission for construction of buildings or huts. External walls, alterations and additions.
312. Maintenance of external walls in repair.
313. Application of provisions to alterations and additions. 145 Powers of the Commissioner
314. Demolition or alteration of building work unlawfully commenced, carried on or completed.
315. Power of Commissioner to impose penalty in the case of unauthorised constructions or alterations. Exemptions
316. Exemptions.
CHAPTER - XIV NUISANCES Dangerous structures, trees and places,
317. Precautions in case of dangerous structures.
318. Precautions in case of dangerous trees.
319. Precautions in case of dangerous tanks, wells, holes, etc.
320. Power to stop dangerous quarrying.
321. Precautions against fire. Control over waters etc.
322. Prohibition of construction wells, tanks, etc., without the permission of Commissioner.
323. Filling in of pools, etc., which are a nuisance.
324. Regulation or prohibition of certain kinds of cultivation.
325. Cleansing of insanitary private tank or well used for drinking.
326. Duty of council in respect of public well or receptacle of stagnant water.
327. Prohibition against or regulation of washing animals or cloths or drinking in public water-courses, tanks, etc.
328. Provision of public wash-house.
329. Prohibition against washing by washermen at unauthorised places.
330. Prohibition against defiling water of tanks, etc., whether public or private. Control over abandoned lands, untrimmed hedges, etc.
331. Untenanted buildings or lands.
332. Removal of filth or noxious vegetation.
333. Fencing of buildings or lands and pruning of hedges and trees. Control over insanitary buildings
334. Lime washing and cleaning of buildings.
335. Further powers with reference to insanitary building.
336. Buildings unfit for human habitation.
337. Abatement of overcrowding in dwelling house or dwelling place. Control over certain animals
338. Prohibition against feeding certain animals on filth.
339. Prohibition against keeping animals or bird so as to be dangerous or a nuisance.
340. Power to destroy stray pigs and dogs. 146 General
341. Powers of Commissioner to use or sell materials of dangerous structure taken down, etc., and procedure when there is no owner or occupier.
342. Limitation of compensation.
CHAPTER - XV Licences and Fees General provisions as to licences
343. Government not to obtain licences and permissions.
344. Conditions precedent to grant or renewal of licence. Keeping of animals
345. Licences for places in which animals are kept.
346. General powers of control over stables, cattle-sheds and cowhouses.
347. Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house. Places of public resort and entertainment.
348. Licences for use of enclosed place or buildings for public resort or entertainment.
349. Application and grant of licence.
350. Revocation or suspension of licence.
351. Appeal against order under section 350.
352. Power to enter place of public resort to inspect licence or to prevent further use.
353. Government may revise any proceedings under this Act.
354. Prohibition of smoking in certain places where entertainments are held. Trades, industries and factories.
355. Purpose for which places may not be used without licence.
356. Applications to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed.
357. Council may issue directions for abatement of nuisance caused by steam or other power.
358. Power of the Government to pass orders or give directions to Municipal Councils.
359. Power of Commissioner to enter any factory, workshop or work place.
360. Prohibition of corruption of water by chemicals, etc. Slaughtering
361. Provisions of Municipal slaughter houses.
362. Licence for slaughter houses.
363. Slaughter of animals during festivals and ceremonies.
364. Slaughter of animals for sale as food.
365. Sections 363 and 364 to be subject to Act 8 of 1965. 147 The Milk trade
366. Regulation of milk trade. Markets, butchers, fish-mongers, hawkers
367. Public markets.
368. Powers in respect of public market.
369. Control of the Commissioner over public market.
370. Licence for private market.
371. Fee for licence.
372. Sale in unlicensed private markets.
373. Power of council in respect of private market.
374. Suspension or refusal of licence in default.
375. Prohibition against nuisances in private markets.
376. Power to close private markets.
377. Acquisition of rights of private persons to hold private market.
378. Duty of expelling persons suffering from leprosy, etc., from markets and power to expel disturbers.
379. Butcher’s, fish-monger’s and poultry’s licence.
380. Power to prohibit or regulate sale of articles in public streets.
381. Decision of disputes as to whether places are markets. Cart-stands.
382. Provision of public cart-stand, etc.
383. Prohibition of use of public place or sides of public streets as cart stand, etc.
384. Recovery of cart-stand fees, etc.
385. Licence for private cart-stand.
386. Acquisition of right of person to keep private cart stands. Porters.
387. Licensing of porters. Inspection of places for sale, etc.,
388. Duty of Commissioner to inspect.
389. Powers of Commissioner for purposes of inspection.
390. Preventing inspection by Commissioner.
391. Power of Commissioner to seize diseased animals, noxious food, etc.
392. Removing or interfering with articles seized.
393. Power to destroy article seized.
394. Production of articles, etc., seized before Magistrate and powers of Magistrate to deal with them. Disposal of the dead.
395. Registration or closing of ownerless places for disposal of dead.
396. Licensing of places for disposal of dead.
397. Provision of burial and burning grounds and crematoria within Municipality.
398. Register of registered, licensed and provided places and prohibition of use of other places.
399. Report of burials and burnings. 148
400. Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves.
401. Prohibition in respect of corpses.
402. Certificate for disposal of the dead.
403. Fencing, etc., of private burial grounds.
404. Grave-diggor’s licence.
CHAPTER - XVI CATTLE-POUNDS
405. Cattle-trespass Act to cease to apply to Municipalities.
406. Power to establish cattle-pounds and appoint pound-keepers.
407. Duties of pound-keepers.
408. Impounding cattle.
409. Delivery of cattle claimed.
410. Security in respect of impounded cattle.
411. Sale of cattle not claimed.
412. Pound-fees and expenses chargeable to be fixed.
413. Complaints of illegal seizure or detention.
CHAPTER - XVII EVICTION OF PERSONS FROM MUNICIPAL PREMISES
414. Definitions.
415. Issue of notice to show cause against order of eviction.
416. Eviction of unauthorised occupants.
417. Disposal of property or property left on Municipal premises by unauthorised occupants.
418. Power to recover rent or damages in respect of Municipal premises as arrears of land revenue.
419. Power of Commissioner.
420. Appeal.
421. Finality of orders.
422. Offences and penalties.
423. Power to make rules.
CHAPTER – XVIII The Prevention of disease Infectious diseases.
424. Definition of “infectious disease”.
425. Obligation of medical practitioner or owner or occupier to report infectious disease.
426. Power of entry into suspected places.
427. Disinfection of buildings and articles.
428. Provision of places for disinfection and power to destroy infected articles.
429. Prohibition against transfer of infected articles.
430. Power of council to prohibit use of water likely to spread infection.
431. Commissioner may order removal of patients to hospital. 149
432. Prohibition against infected person carrying on occupation.
433. Prohibition against diseased person entering public conveyance.
434. Letting of infected buildings.
435. Power to order closure of public entertainment.
436. Minor suffering from infectious disease not attend school or college. Small-pox
437. Compulsory vaccination.
438. Obligation to give information of small-pox.
439. Restriction on entry of persons inoculated for small-pox.
CHAPTER - XIX Rules, Bye-laws and Regulations Rules
440. Power of Government to make rules.
441. Power of Government to alter Schedule III.
442. Procedure for the issue of notification under section 441. Bye-laws
443. Power of council to make bye-laws.
444. Power to give retrospective effect to certain bye-laws.
445. Penalty for breaches of by-laws.
446. Conditions precedent to making bye-laws.
447. Confirmation of bye-laws by Government.
448. Publication of regulations.
CHAPTER - XX Penalties
449. Punishment for certain offences.
450. Penalty for acting as councillor, Chairman or Vice-Chairman when disqualified.
451. Penalty for continuing meeting in contravention of rules, etc.
452. Penalty for acquisition by Municipal Officer of interest in contract or work.
453. Penalty for unlawful building.
454. Notice to scavengers before discharge and penalty for withdrawal without notice.
455. Wrongful restraint of Commissioner and his delegate.
456. Penalty for not giving information or for giving false information.
CHAPTER - XXI Procedure and Miscellaneous Licences and permissions
457. General provisions regarding licences and permissions.
458. Appeals from Commissioner.
459. Limitation of time for appeal.
460. Power of persons conducting election and other inquiries.
461. Summons to attend and give evidence or produce documents. 150 Notices, etc
462. Form of notices and permissions.
463. Signature on documents.
464. Publication of notifications.
465. Publication of bye-laws, notices, orders, etc.
466. Notice of prohibition or setting apart of places.
467. Method of serving documents. Relation of occupier to owner
468. Recovery by occupier of sum leviable from owner.
469. Obstruction of owner by occupier.
470. Execution of work by occupier in default of owner. Power of entry and inspection of the Commissioner
471. Power of entry to inspect, survey or execute the work.
472. Power of entry on lands adjacent to work.
473. Inspection and stamping of weights and measures.
474. Consequences of failure to obtain licences, etc., or of breach of the same.
475. Time for complying with order and power to enforce in default.
476. Recovery of expense from persons liable and limitation of liability of occupier.
477. Relief to agent and to trustees.
478. Power of Commissioner to agree to receive payment of expenses in installments. Payment of compensation etc., by and to the Municipality
479. Power of Municipality to pay compensation.
480. Limitation for recovery of dues.
481. Procedure in dealing with surplus sale proceeds.
482. Persons empowered to prosecute.
483. Imprisonment in default of payment and application costs, etc.
484. Payment of compensation for damage to municipal property. Legal proceedings
485. Institution of suits against municipal authorities, officers and servants.
486. Provision respecting institution, etc., of civil and criminal actions and obtaining of legal advice.
487. Power of election authority to defend himself if sued.
488. Injunctions not to be granted in election or assessment proceedings.
489. Indemnity of the Government, Director, Municipal authorities, officers and agents. 151
490. Liability of Chairman, members and Commissioner for loss, waste or misapplications.
491. Sanction for prosecution of Chairman, councillor or Commissioner.
492. Assessments, etc., not to be impeached.
493. Police.
494. Power of police officers to arrest persons.
495. Exercise of powers of police officers by municipal servants. Miscellaneous
496. Application of term “public servant” to agents and sub-agents.
497. Prohibition against obstruction of municipal authorities, servants and contractors.
498. Prohibition against removal of mark.
499. Prohibition against removal or obliteration of notice.
500. Prohibition against unauthorised dealings with public place or materials.
501. Delegation of powers by the Government.
502. Revision.
503. Offences by companies.
504. Power of Government to make suitable provisions by order when a municipality is created or altered.
CHAPTER - XXII Repeals and Transitory Provisions
505. Repeal and savings.
506. Special provisions regarding the term of councillors of existing council whose term is due to expire.
507. Consequences of replacement of existing councils. 507-A. Persons by whom certain functions or duties are to be performed or discharged.
508. Provisions as to employees existing before the commencement of this Act.
509. Obligation to carry out certain duties and functions of existing councils.
510. Adjudication of disputes between local authorities.
511. Power to exempt.
512. Power to remove difficulties. 512-A. Power, authority and responsibilities of Municipalities.
513. Amendment of the Puducherry Motor Vehicles Taxation Act,
1967. 152 SCHEDULES I. Omitted. II. Names of successor municipal council in respect of existing municipal council or municipal committee. III. Purposes the use for which of any building or land renders such building or land liable to tax under section 118 and purposes for which places may not be used with out a licence under section 355. IV. Maximum rate of profession tax, V. Maximum and minimum rate of entertainment tax. VI. Maximum and minimum rates of additional tax on cinematograph exhibition. VII. Maximum rate of tax on advertisements other than advertisements published in the newspapers. VIII. Description of instrument and the amount on which duty on transfer of immovable property should be levied. IX. Maximum rate of surcharge on duty on toddy trees. X. Form of distraint warrant. XI. Form of inventory and notice. XII. Table of fees payable on distraint. XIII. Penalties. _______ 153 Enforcement Notifications of the Principal Act GOVERNMENT OF PUDUCHERRY LOCAL ADMINSTRATION DEPARTMENT (G.O Ms. No. 16/74/LAD, dated 16th January, 1974/ 26 Pausa, 1895). NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 1 of the Puducherry Municipalities Act, 1973 (No. 9 of 1973), the Lieutenant Governor, Puducherry, hereby appoints the 26th day of January, 1974 as the date on which the provisions of the said Act in so far as they relate to chapters and sections and schedules specified in the Tables below, shall come into force in the whole of the Union territory of Puducherry. TABLE I Chapter Sections From To (Both inclusive) Chapter – I Chapter – II Chapter – III Chapter – V Chapter – VI Chapter – VII Chapter – VIII Do. Chapter – IX Chapter – X Do. Chapter – XI Chapter – XII Chapter – XIV Chapter – XV Do. Chapter – XVI Chapter – XVII Chapter – XVIII Chapter – XIX Do. Chapter – XX Chapter – XXI Chapter - XXVII .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 3 6 67 102 111 175 189 193 229 237 245 252 317 343 361 405 414 424 440 443 449 457 507 2 5 14 101 110 117 184 192 215 .. 244 251 284 342 354 394 413 423 439 .. 448 456 504 513 TABLE II Schedule Extent of enforcement Schedule – I Schedule – II Schedule – X Schedule – XI Schedule – XII Schedule - XIII .. .. .. .. .. .. Entire schedule. Do. Do. Do. Do. Only so much part of the schedule as is relatable to sections included in Table I. (by order of the Lieutenant-Governor) 154 GOVERNMENT OF PUDUCHERRY LOCAL ADMINSTRATION DEPARTMENT (G.O. Ms. No. 173, dated 11th September 1974) NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 1 of the Puducherry Municipalities Act, 1973 (No. 9 of 1973), the Lieutenant-Governor, Puducherry hereby appoints the 12th day of September 1974 as the date on which the provisions of the said Act in so far as they relate to chapters and sections and schedules specified in the Tables below, shall come into force in the whole of the Union territory of Puducherry. TABLE – I Chapter Sections From To (Both inclusive) Chapter IV Chapter XIII Chapter XV 15 285 355 66 316 360 TABLE - II Schedule Extent of enforcement Schedule III Only so much part of the schedule as is relatable to sections included in Table – 1. Schedule XIII Do. (By order of the Lieutenant-Governor) GOVERNMENT OF PUDUCHERRY LOCAL ADMINSTRATION DEPARTMENT (G.O Ms. No. 222, dated 27th July 1976.) NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 1 of the Puducherry Municipalities Act, 1973 (No. 9 of 1973) the Lieutenant-Governor, Puducherry hereby appoints the 1st day of August, 1976 as the date on which the provisions of the said Act in so far as they relate to Chapters and Section and Schedule specified in the Tables below, shall come into force in the whole of the Union territory of Puducherry. TABLE – I Chapter Sections From To (Both inclusive) Chapter VIII Chapter VIII Chapter X Chapter X Chapter XV Chapter XIX Chapter XXII 118 185 216 230 395 441 505 174 188 228 236 404 442 - TABLE - II Schedule Extent of enforcement Schedules III, IV, V, VI, VII, VIII, IX and XIII Entire Schedules (By order of the Lieutenant-Governor) 155 THE PUDUCHERRY MUNICIPALITIES ACT, 1973. (No. 9 of 1973) (13.08.1973) AN ACT to consolidate and amend the law relating to municipalities in the Union territory of Puducherry. BE it enacted by the Legislative Assembly of Puducherry in the Twentyfourth Year of the Republic of India as follows.-
CHAPTER - I Preliminary
1. Short title, extent and commencement.- (1) This Act may be called the Puducherry Municipalities Act, 1973.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force on such +date as the Government may, by notification, appoint:
Provided that different dates may be appointed for different provisions of this Act or for different areas, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. *2. Definitions.-- In this Act, unless the context, otherwise requires, --- 1[(1) “Administrator” means the Administrator of the Union territory of Puducherry appointed by the President of India under article 239 of the Constitution.] 2(1-A) “appoint” includes to appoint temporarily or in an officiating capacity; + The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11 dated 17th January 1974. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11 dated 17th January 1974.
1. Inserted by Act 4 of 1994, section 2, with effect from 23-4-1994.
2. Renumbered by Act 4 of 1994, section 2, with effect from 23-4-1994. 156
(2) “appointed day” in relation to an area means the date on which the relevant provisions of this Act come into force in that area;
(3) “appointment” includes temporary and officiating appointments;
(4) “Assembly” means the Legislative Assembly of the Union territory of Puducherry;
(5) “building” includes ---
(a) a house, out-house, stable, shop, hut, latrine, godown, shed, wall (other than a boundary wall not exceeding two and a half metres in height) and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;
(b) a structure on wheels or simply resting on the ground without foundations; and
(c) a ship, vessel boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods;
(6) “building-line” means a line which is in rear of the street-alignment and to which the main wall of a building abutting on a street may lawfully extend and beyond which no portion of the building may extend except as prescribed in the rules or bye-laws;
(7) “carriage” means any wheeled vehicle with springs or other appliances acting as springs and includes and kind of bi-cycle, tricycle, rickshaw and palanquin, but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939 (Central Act 4 of 1939).
(8) “cart” includes any wheeled vehicles which is not a carriage but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939 (Central Act 4 of 1939);
(9) “casual vacancy” means a vacancy occurring otherwise than by efflux of time and “casual election” means an election held on the occurrence of a casual vacancy; 1[(9-A) “Chairman” and “Vice-Chairman” shall respectively mean, the “Chairperson” and “Vice-chairperson” of a Municipal Council;]
1. Inserted by Act 4 of 1994, section 2, with effect from 23-4-1994. 157
(10) “Commissioner” means the Commissioner of a municipality appointed under section 14;
(11) “commune” means the commune constituted under the French Decree dated 12th March, 1880;
(12) “company” means any company as defined in the Companies Act, 1956 (Central Act 1 of 1956), and includes ---
(a) any foreign company within the meaning of section 591 of that Act;
(b) any co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force; and
(c) any body corporate, or any firm or association carrying on business in the Union territory whether incorporated or not and whether its principal place of business is situated in the Union territory or not;
(13) “council” or “Municipal council” means a municipal council constituted under section 7;
(14) “dairy” includes-
(a) any farm, cattle-shed, milk store, milk shop, or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd, butter-milk or dried, sterilized or condensed milk and;
(b) In relation to a dairyman who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk, but does not include-
(i) a shop or place in which milk is sold for consumption on the premises only; or
(ii) a shop or place from which milk is sold or supplied for sale in airtight and hermetically sealed and unopened receptacles in the same original condition in which it was first received in such shop or place; 158
(15) “dairyman” includes any occupier of dairy, any cow-keeper who trades in milk, or any seller of milk whether wholesale or by retail;
(16) “dairy produce” includes milk, butter, ghee, cheese, cream, curd, butter-milk and any other product of milk;
(17) “Director” means the Director appointed under sub-section (1) of section 106; 1[(18) “Election Authority or Election Commission” means the Commission consisting of the Election Commissioner appointed by the Administrator and referred to in section 15-A;]
(19) “filth” includes.-
(a) night soil and other contents of latrines, cess-pools and drains;
(b) dung and refuse or unless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and
(c) putrid and putrefying substances;
(20) “food” means any article used as food or drink for human consumption other than drugs and water and includes---
(a) any article which ordinarily enters into, in or is used in the composition or preparation of human food; and
(b) any flavoring matter or condiments;
(21) “Government” means the Government of Puducherry;
(22) “hut” means any building which is constructed principally of wood, mud, leaves, grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made, which the council may declare to be a hut for the purpose of this Act;
(23) “latrine” means a place set apart from defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal;
(24) “local authority” means a municipality or village panchayat or commune panchayat council, as the case may be, constituted under any law for the time being in force in the Union territory;
1. Substituted by Act 4 of 1994, section 2, with effect from 23-4-1994. 159
(25) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish, fruit, vegetables, drinks, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person;
(26) “milk” means the milk of a cow, buffalo, goat, ass or other animals and includes cream, skimmed milk, separated milk and condensed, sterilized or desiccated milk or any other produce of milk; 1[(26-A) “Municipal area” means any local area declared to be a municipality under section 3;]
(27) municipal office” means the principal office of any municipal council;
(28) “notification” means a notification published in the Official Gazette;
(29) “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 disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity, or persons who may have occasion to use any public right;
(30) “occupier” includes-
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(b) an owner living in or otherwise using his land or building;
(c) a rent-fee tenant;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
1. Inserted by Act 4 of 1994, section 2, with effect from 23-4-1994. 160
(31) “ordinary vacancy” means a vacancy occurring by efflux of time and “ordinary election” means an election held on the occurrence of an ordinary vacancy;
(32) “owner“ includes-
(a) the person for the time being receiving or entitled to receive whether on his own account or on behalf of another person as agent, trustee, guardian, manager or receiver or for any religious or charitable purpose the rent or profits of the property in connection with which the word is used; and
(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;
(33) “palanquin” includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick persons; 1 [ (33-A) “Panchayat” means a Panchayat constituted under the Puducherry Village and Commune Panchayats Act, 1973 (Act No. 10 of 1973);] * [(33-AA) "Place of pilgrimage" means any place being a place of religious worship as may be specified by the Government by notification in the Official Gazette;] 1[ (33-B) “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published;]
(34) “prescribed” means prescribed by rules made under this Act;
(35) “private street” means any street, road, square, court, alley, passage or riding-path, which is not a “public street”, but does not include a path-way made by the owner of premises on his own land to secure access to or the convenient use of, such premises;
(36) “public street” means any street, road, square, court, alley, passage or riding-path over which the public have a right of way, whether a thoroughfare or not, and includes ---
(a) the roadway over any public bridge or causeway;
1. Inserted by Act 4 of 1994, section 2 with effect from 23-4-1994. * Inserted by Act 9 of 2002 w.e.f 16.05.02 161
(b) the footway attached to any such street, public bridge or causeway;
(c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Central Government or any State Government; and
(d) any street which under the provisions of this Act, becomes or is declared a public street;
(37) “public water-courses, springs, wells and tanks’ include those used by the public to such an extent as to give a prescriptive right to such use;
(38) “reconstruction” of a building includes ---
(a) the re-erection wholly or partially of a building after more than one-half of its cubical contents has been taken down or burnt down, or has fallen down whether at one time or not;
(b) the re-erection wholly or partially of any building of which an outer wall has been taken down or burnt down or has fallen down to or within three metres of the ground adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down as to leave only the frame work of the lowest storey;
(c) the conversion into a dwelling-house or a place of public worship of any building not originally constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only or the conversion of a dwelling-house into a factory;
(d) the re-conversion into a dwelling-house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling-house or a place of public worship or a factory as the case may be; 162
(39) “registration officer” means the Electoral Registration Officer appointed by the 1 [Election Commission] by notification;
(40) “residence” --- “reside” --- a person is deemed to have his “residence” or to “reside” in any house if he sometimes uses any portion thereof as a sleeping apartment and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;
(41) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and any other refuse which is not ‘filth’;
(42) “salary” means pay and acting pay or payment by way of commission and includes exchange compensation allowances, but not allowances for house-rent, carriage-hire or travelling expenses;
(43) “scavenger” means a person employed in collecting or removing rubbish or filth or in cleansing drains, latrines or slaughter-house or in driving carts used for the removal of rubbish or filth;
(44) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the Union territory under article 341 of the Constitution;
(45) “Street-alignment” means a line dividing the lands comprised in and forming part of a street from the adjoining land; 2 [(45-A) "tourist resort" means any place of tourist attraction as may be specified by the Government by notification in the Official Gazette;]
(46) “Union territory” means the Union territory of Puducherry;
(47) “Water-course” includes any river, stream or channel weather natural or artificial;
(48) “Water-connection” includes ----
(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with a water-main or pipe belonging to the council; and
(b) the water-pipe connecting such tank, cistern, hydrant, standpipe, meter or tap with such water-main or pipe;
1. Substituted by Act 4 of 1994, section 2 with effect from 23-4-1994.
2. Inserted by Act No. 9 of 2002, w.e.f 16.05.2002. 163
(49) “water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, main-pipe, culvert, engine, water truck, hydrant, stand-pipe, conduit, and machinery, land, building or thing for supplying or used for supplying water or for protecting sources of water supply;
(50) “year” means the financial year.
CHAPTER – II Constitution and abolition of Municipalities *3. Constitution of municipalities.- (1) The 1 [Administrator] may, after making such inquiry as he deems fit, by notification, declare any local area to be a Municipality.
(2) Every notification issued under sub-section (1) shall define the limits of the Municipality to which it relates.
(3) Before the publication of a notification under sub-section (1), 1 [The Administrator] shall cause to be published in the Official Gazette and also in at least one newspaper having circulation in the area to be specified in the notification, a proclamation announcing the intention of the 1 [Administrator] to issue such notification and inviting any resident or tax payer of a local area in respect of which any such proclamation has been published who desires to object to anything thereon contained to submit the same in writing with the reasons therefor to the 1 [Administrator] within two months from the publication of the proclamation in the Official gazette and the 1 [Administrator] shall take all such objections into consideration.
(4) (a) The 1 [Administrator] may, by notification,---
(i) alter the limits of a municipality so as to include therein any local area in the vicinity thereof or to exclude therefrom any local area comprised therein, as may be specified in the notification;
(ii) amalgamate two or more municipalities so as to form one municipality;
(iii) split up any municipality into two or more municipalities: * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974.
1. Substituted by Act 4 of 1994, section 3, with effect from 23-4-1994. 164
Provided that no notification under this sub-section shall be issued without previously intimating in writing to the municipal council or councils and other local authority concerned the grounds upon which such proposal is made and considering the explanations and objections, if any, which may be made within a reasonable period to be fixed by the 1 [Administrator.].
(b) Prior to the publication of a notification under this sub-section, the procedure prescribed in sub-section (3) shall be followed.
(5) Where any local area which is within the jurisdiction of any other local authority is constituted as or included in a municipality, the 1 [Administrator] may pass such orders as he may deem fit as to the transfer to the council of such municipality or disposal otherwise, of the assets or institutions of any such local authority in the local area and as to the discharge of the liabilities, if any, of such local authority relating to such assets or institutions.
(6) Where any local area is excluded from a municipality and included within the jurisdiction of any local authority, the 1 [Administrator] may pass such orders as he may deem fit, as to the transfer to such local authority or disposal otherwise, of the assets or institutions of such municipality in the local area and as to the discharge of the liabilities, if any, of such municipality relating to such assets or institutions. *4. Townships._ (1) The Government may, by notification, declare any municipality or any specified area therein to be a township if it is an industrial labour or institutional colony or a health resort.
(2) In regard to any municipality or any area declared to be a township under sub-section (1), the Government shall, by notification, constitute a township committee.
(3) The notification issued by the Government under sub-section (2) may direct that any functions vested in a municipal council by or under this Act shall be transferred to and performed by the township committee and shall provide for- * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974.
1. Substituted by Act 4 of 1994, section 3, with effect from 23-4-1994. 165
(i) the total number of members of the township committee;
(ii) the persons who shall be members of the township committee or the manner in which they shall be chosen;
(iii) the person who shall be the Chairman of the township committee or the manner in which he shall be elected or appointed;
(iv) the term of office of members and the Chairman;
(v) the restrictions and conditions subject to which the township committee may perform its function; and
(vi) the procedure to be followed by the township committee.
(4) The Government may, by notification, direct that any of the provisions of this Act or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the Union territory, but not in the municipality or specified area therein referred to in sub-section (1) shall apply to that municipality or area to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.
Explanation.- In this section, the term “industrial labour or institutional colony” means any area wherein the majority of the inhabitants are engaged in any industry or are workmen or are connected with any institutions in the area in any manner whatsoever. *5. Abolition of municipalities. --- (1) The 1 [Administrator] may, by notification, abolish any municipality to which this Act applies:
Provided that ----
(a) the 1 [Administrator] shall, before he issues such notification, communicate to the municipal council the grounds on which the 1 [Administrator] proposes to do so, fix a reasonable period for the municipal council to show cause against the proposal and consider the explanations and objections, if any;
(b) the notification shall contain a statement of the reasons for abolishing the municipality. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974.
1. Substituted by Act 4 of 1994, section 5, with effect from 23-4-1994. 166
(2) From such date as may be specified in such notification.-
(a) the provisions of this Act, and all notifications, rules, bye-laws, regulations, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the municipality;
(b) the balance of the municipal fund and all other property vested in the municipal council and all its liabilities shall stand transferred to the Government or to such local or other authority or to such officer or other person as the 1 [Administrator] may, by order, direct;
(c) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the municipality may be continued or instituted by or against the Government or such local or other authority or such officer or other person aforesaid.
CHAPTER – III Constitution or appointment of Municipal Authorities *6. The municipal authorities.- The municipal authorities charged with carrying out the provisions of this Act are.-
(a) a council;
(b) a Chairman; and
(c) a Commissioner.
(a) Council *7. Constitution of municipal council. – (1) There shall be constituted for every municipality a municipal council having authority over the municipality and consisting of such number of councillors as may be notified by the Government 2 [omitted]:
Provided that when any municipal area is altered when an existing council which was functioning immediately before the appointed day is deemed to have been succeeded by the municipal council, the umber of councillors for each of the municipal councils shall be such as may be determined by the Government by order notified in the Official Gazette. 3[ (2) A municipal council shall consist of.- * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974.
2. Omitted by Act 4 of 1994, section 5, with effect from 23-4-1994. 1 & 3. Substituted by Act 4 of 1994, section 5, with effect from 23-4-1994. 167
(a) persons chosen by direct election from the territorial constituencies in the municipality and for this purpose each municipality shall be divided into territorial constituencies to be known as wards;
(b) two persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration to be nominated by the Government;
(c) the member of the House of the People and the members of the Legislative Assembly of the Union territory representing constituencies which comprise wholly or partly the municipality; and
(d) the member of the Council of States who is registered as an elector within a municipality:
Provided that the persons referred to in clause (b) shall not have the right to vote in the meetings of the municipal council.]. * 8. Incorporation of municipal council.- The council constituted under section 7 shall by the name of the municipality, be a body corporate, shall have perpetual succession and a common seal and subject to any restriction or qualification imposed by this or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property movable or immovable, of entering into contracts and of doing all things necessary for the purpose of its constitutions. 1 [9. Reservation of seats.- (1) There shall be reservation of seats for the Scheduled Castes in every municipal council and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipal council as the population of the Scheduled castes in the Municipality bears to the total population of that area. The number of such reserved seats shall be determined by the Government by notification published in the Official Gazette.
(2) One-third of the total number of seats reserved under sub-section
(1) shall be reserved for women belonging to the Scheduled Castes. * The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974.
1. Substituted by Act 4 of 1994, section 6, with effect from 23-4-1994. 168
(3) One-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filed by direct election in every municipal council shall be reserved for women.
(4) The offices of chairpersons in the municipal councils shall be reserved for the Scheduled Castes and women:
Provided that the number of offices of chairpersons reserved for the Scheduled Castes in the municipal council shall bear, as nearly as may be, the same proportion to the total number of such offices in municipal councils as the population of the Scheduled Castes in all the municipalities, bears to the total population of all the municipalities, the number of such reserved offices being determined by the Government by notification published in the Official Gazette:
Provided further that as nearly as may be one-third of the total number of offices of chairpersons in the municipal councils shall be reserved for women:
Provided also that while determining the number of reserved seats for women under sub-sections (2), (3) and (4) fraction, if any shall be counted as one.] 1[(5) The allotment of reserved seats under sub-sections (1), (2) and (3) and the allotment of reserved offices of chairpersons under sub-section (4) shall be made by the Election Commission, once in five years, by rotation to different constituencies in a municipal council or to offices of chairpersons of different municipal councils, as the case may be. Such allotment shall be made in accordance with such procedure as may be prescribed and in such manner that a constituency in a municipal council or an office of chairperson of a municipal council is reserved again only after exhausting such reservation in respect of every other constituency or office of chairperson, as the case may be.]
(6) The reservation of seats under sub-sections (1) and (2) and the reservation of offices of chairpersons (other than reservation for women) under subsection (4), shall cease to have effect on the expiration of the period specified in article 334 of the Constitution.
(7) Nothing contained in this section shall be deemed to prevent the members of Scheduled Castes and women from standing for election to the non– reserved seats and the non-reserved offices of chairpersons in the municipal councils.
1. Substituted by Act 3 of 1996 section 2, with effect from 30-8-1996. 169
(8) The Government may prescribe for reservation of seats in any municipality in the municipal councils in favour of backward class of citizens:
Provided that nothing shall be deemed to prevent the backward class of citizens from standing for election to the non-reserved seats.] *[10. Duration of municipal councils.- (1) Every municipal council unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:
Provided that a municipal council shall be given a reasonable opportunity of being heard before its dissolution.
(2) An election to constitute a municipal council shall be completed-
(a) before the expiry of its duration specified in subsection (1); and
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved municipal council would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the municipal council for such period.
(3) A municipal council constituted upon the dissolution of a municipal council before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipal council would have continued under sub-section (1), had it not been so dissolved.
(4) A casual vacancy of a councillor shall be filled, subject to the provisions of sub-section (2), at a casual election as soon as possible.]. **11. Procedure when no councillor is elected.- (1) If at an ordinary or casual election held under section 10 no councillor is elected, a fresh election shall be held on such days as the election authority may fix.
(2) If at such fresh election no councillor is elected, the council shall elect a qualified person to fill the vacancy in the manner prescribed. * Substituted by Act 4 of 1994, section 7, with effect from 23-4-1994. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No.11 dated 17th January 1974. 170
(3) The term of office of a councillor elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.
(b) Chairman 1[12. Chairman and Vice-Chairman of council.- There shall be a Chairman and Vice-Chairman for every municipal council.] 2[12-A. Election of Chairman.- (1) (a) The Chairman shall be elected by the persons whose names appear in the electoral roll for the municipal council from among themselves in accordance with such procedure as may be prescribed:
Provided that no person shall be eligible for election as Chairman unless he has attained the age of twenty-five years.
(b) If at any an ordinary or casual election no Chairman is elected, a fresh election shall be held:
Provided that a person who contests for election as a councillor shall not be eligible to contest for election as Chairman:
Provided further that no councillor shall be eligible for election as Chairman.
(2) Election of the Chairman may be held ordinarily at the same time and in the same places as the ordinary election of the members of the council is held.
(3) The term of office of the Chairman who is elected at an ordinary election shall, save as otherwise expressly provided in sub-section (4), be five years beginning at noon of the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Chairman shall be filled by fresh election and a person elected as Chairman in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.
(5) Unless the Election Commissioner otherwise directs, no causal vacancy in the Office of the Chairman shall be filled within six months before the date on which the ordinary election of the Chairman under sub-section (1), is due.
1. Substituted by Act 3 of 1996, section 3, with effect from 30-8-1996.
2. Inserted by Act 3 of 1996, section 4 w.e.f. 30.08.1996. 171
(6) The provisions of sections 15 to 66 of Chapter IV shall, as far as may be, apply in relation to the office of the Chairman as they apply in relation to the office of an elected member of the municipal council.
(7) The Chairman shall have all the rights and privileges of an elected member of the municipal council. 12-B. Election of Vice-Chairman. --- (1) The Vice-Chairman shall be elected by and from amongst the elected members of the municipal council in accordance with such procedure as may be prescribed.
(2) if at an election held under sub-section (1), no Vice-Chairman is elected, a fresh election shall be held for electing a Vice-Chairman. 12-C. Cessation of office of Chairman and Vice-Chairman. ---The Chairman or Vice- Chairman shall cease to hold office as such, ---
(a) in the case of the Chairman, on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term of office or in the event of dissolution of the council or on his otherwise ceasing to be a Chairman; and
(b) in the cease of Vice-Chairman, on the expiry of his term of office as a councillor or in the event of dissolution of council or on his otherwise ceasing to be a councillor.] *13. Chairman, Vice-Chairman or councillors not to receive remuneration. --- (1) No Chairman, Vice-Chairman or councillor shall, save as provided in sub-section(2), receive or be paid, from the funds at the disposal or under the control of the council, any salary or other remuneration for services rendered by him in any capacity whatsoever.
(2) A municipal council may, subject to such rules as may be made in this behalf, pay.-
(a) a conveyance allowance to the Chairman and Vice-Chairman; and
(b) the expenses of the Chairman, and other members of the council travelling on business connected with the municipality. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No.11 dated 17th January 1974. 172
(c) Commissioner *14. Commissioner and personal assistant to the Commissioner.- (1) (a) There shall be a Commissioner for each municipality.
(b) There shall be a personal assistant to the Commissioner for such class of municipalities as may be notified by the Government in this behalf.
(2) The Commissioner and the personal assistant to the Commissioner shall be appointed by the Government.
(3) The Commissioner and the personal assistant to the Commissioner shall be whole-time officers of the municipality and shall not undertake any work unconnected with their offices without the sanction of the municipal council and the Government.
(4) The Government may recover from the municipal council concerned the whole of the salary and allowances paid to any Commissioner and the personal assistant to the Commissioner, if any, appointed under sub-section (1) and such contribution towards the leave allowances, pension and provident fund as the Government may, by general or special order, determine.
(5) The Government shall have power to regulate the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the Commissioner, and the personal assistant to the Commissioner.
CHAPTER – IV Elections
(a) Election of councillors **15. Definitions. – In this Chapter, unless the context otherwise requires,-
(1) “candidate” means a person who has been or claims to have been duly nominated as a candidate at any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate; * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No.11 dated 17th January 1974. ** The sections came into force on the 12th day of September, 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 173
(2) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition;
(3) “electoral right” means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate, or to vote or refrain from voting at an election;
(4) “returned candidate” means a candidate whose name has been published under section 64 as duly elected;
(5) “tribunal” means an election tribunal appointed under section 52. 1 15-A. [Election to municipal councils.- The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipal councils shall be vested in the Election Commission consisting of an Election Commissioner appointed under section 9A of the Puducherry Village and Commune Panchayats Act. 1973 (Act No. 10 of 1973)] 2 [16. Election of municipal councilors.- (1) For the purposes of election of councillors to a municipal council, the Government, after previous publication and hearing objections, if any, may by notification, divide the municipality into wards.
(2) The Election Commission shall, after previous publication in the prescribed manner, determine the wards in which the seats, if any, as determined under section 9 are to be reserved for the Schedule Castes and or for the women.
(3) All the electors of a ward, irrespective of their community or sex, shall be entitled to vote at an election to any seat in that ward, whether reserved or not]. *17. Election to more than one seat.- (1) If, a person is elected to more than one seat in one or more municipal councils, then unless he resigns all but one of the seats by writing under his hand addressed to the election authority within the time specified in sub-section (2), all the seats shall become vacant.
1. Inserted by Act 4 of 1994, section 9, with effect from 23-4-1994.
2. Substituted by Act 4 of 1994, section 10, with effect from 23-4-1994. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 174
(2) Such resignation shall be made.-
(a) where the dates of declaration of the person elected to more than one seat is on the same day, fourteen days from that date; and
(b) where the dates of declaration of the person elected to more than one seat are different, fourteen days from the last of such dates. *18. Qualifications for inclusion in electoral roll for municipality and publication thereof.- (1) Every person who is qualified to be included in such part of the electoral roll for any Assembly constituency as relates to the municipality or any portion thereof shall be entitled to be included in the electoral roll for the municipality and no other person shall be entitled to be included therein:
Provided that any person who is entitled to be included in a separate part of the electoral roll for such Assembly constituency by virtue of a statement referred to in section 20 of the Representation of the People Act, 1950, shall not be eligible for being included in the electoral roll for the municipality prepared for the purposes of this Act, unless he makes an application giving the particulars of his address in the municipality to the person authorised under sub-section (2) for such inclusion.
Explanation.- Where, in the case of an Assembly constituency there is no distinct part of the electoral roll relating to the municipality, all persons who are qualified to be included in such roll under the registration area comprising the municipality and whose addresses are situated in the municipality shall be entitled to be included in the electoral roll for the municipality prepared for the purposes of this Act. 1[(2) the electoral rolls for a municipal council shall be prepared and published under the superintendence, direction and control of the Election Commission].
(3) The electoral roll for the municipality shall be divided into separate parts of each ward. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
1. Substituted by Act 4 of 1994, section 11, with effect from 23-4-1994. 175
(4) Every person whose name appears in the electoral roll for the municipality shall so long as it remains in force and subject to any revision thereof which might have taken place and subject also to the other provisions of this Act, be entitled to vote at an election; and no person whose name does not appear in such roll shall vote at an election:
Provided that no person shall vote at an election of members if he –
(a) has been adjudged to be of unsound mind, or is a deaf-mute, or
(b) has voluntarily acquired the citizenship of a foreign State, or
(c) has been sentenced by a criminal court for an electoral offence punishable under section 27 or section 38 or clause (a) of subsection (2) of section 39 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and five years have not elapsed from the date of such sentence or disqualification, provided that the disqualification under this clause may at any time be removed by the Government if it thinks fit.
Explanation.- In this section, the expression “Assembly constituency” shall mean a constituency provided by law for the purpose of elections to the Legislative Assembly of Puducherry. *19. Power to rearrange and republish electoral roll.- Where, after the electoral roll for a municipality or any alterations thereto have been published under subsection (2) of section 18 the municipality is divided into wards for the first time or the division of the municipality into wards is altered or the limits of the municipality are varied, 1[the Election Commission] shall, in order to give effect to the division of the municipality into wards or to the alteration of wards or to the variation of the limits, as the case may be, 1[cause] a rearrangement and republication of the electoral roll for the municipality or any part of such roll, in such manner as 1[it] may direct. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
1. Substituted by Act 4 of 1994, section 12, with effect from 23-4-1994. 176
(b) Qualifications for membership of council. *20. Qualification of candidates.- (1) No person shall be qualified for election as a councillor unless the name of such person appears on the electoral roll of the municipality and in the case of a seat reserved for Schedule Castes 1[and or women, he is himself a member of any of the Scheduled Castes, and or is a woman.].
(2) No officer or servant of the Central Government or of any State Government or of a local authority or of any institution or class of institutions notified by the Government in this behalf shall be qualified for election or for holding office as a councilor:
Provided that this prohibition shall not apply to the holder of any office which does not involve both of the following incidents, namely, that the incumbent--
(a) is a whole-time servant of the Central Government or any State Government or of any local authority or of any institution so notified; and
(b) is remunerated either by salary or fees:
Provided further that if any question arises either before or after an election whether any person is or is not disqualified under this sub-section, the question shall be referred to the Government whose decision shall be final. *[21. Disqualification of candidates.- 2 (1) A person who has been convicted and sentenced by a criminal court to imprisonment for any offence involving moral delinquency or for an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955), shall be disqualified for election as a councillor while undergoing the sentence and for five years from the date of the expiration of the sentence].”
(2) Notwithstanding anything contained in sub-section (1), the Government may direct that such sentence shall not operate as a disqualification. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
1. Substituted by Act 4 of 1994, section 13, with effect from 23-4-1994.
2. Substituted by Act 3 of 1978, section 2, with effect from 30-3-1978. 177
(3) A person shall be disqualified for election as a councillor if such person is at the last date for filing of nomination or at the date of election ---
(a) of unsound mind, or a deaf-mute;
(b) an applicant to be adjudicated an insolvent or an undischarged insolvent;
(c) interested in a subsisting contract made with, or any work being done for the municipal council except as a share holder (other than a director) in a company:
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in ---
(i) any lease, sale or purchase of immovable property or any agreement for the same; or
(ii) any agreement for the loan of money or any security for the payment of money only; or
(iii) any newspaper in which any advertisement relating to the affairs of the council is inserted; or
(iv) the sale to the council of any articles in which he regularly trades, or the purchase from the council of any article to a value in either case not exceeding fifteen hundred rupees in the aggregate in any year during the period of the contract or work;
(d) employed as paid legal practitioner on behalf of the council or as legal practitioner against the council or has paid legal practitioner on behalf of the Government;
(e) all officers or servants holding office under this Act, or any Honorary Magistrate having jurisdiction over the municipality or any part thereof;
(f) already a councillor whose term of office as such will not expire before his fresh election can take effect; or has already been elected a councillor whose term of office has not yet commenced;
(g) a person who having held any office under the Central Government or any State Government or any local authority has been dismissed and is disqualified for further employment in any such office; 178
(h) debarred from practicing as a legal practitioner; or
(i) in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the municipality up to and inclusive of the previous years, in respect of which a bill or notice has been duly served upon him and the time if any specified therein for payment has expired;
(j) a person who has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance or adherence to a foreign State. *22. Disqualification of councillors.- 1 [A person shall be disqualified for being chosen as, and for being, a councillor, if he. ---]
(a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 21, unless the Government directs that such sentence shall not operate as a disqualification;
(b) becomes of unsound mind, or a deaf-mute;
(c) applies to be adjudicated or is adjudicated as an insolvent;
(d) subject to the proviso to clause (c) of sub-section (3) of section 21, acquires any interest in any subsisting contracts made with, or work being done for, the council except as a share holder (other than director) in a company;
(e) is employed as paid legal practitioner on behalf of the council or accepts employment as legal practitioner against the council or as paid legal practitioner on behalf of the Government.
(f) is appointed as an officer or servant under this Act or as an Honorary Magistrate having jurisdiction over the municipality or any part thereof.
(g) accepts employment under any other council.
(h) ceases to reside in the municipality or within three and a quarter kilometres thereof. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974.
1. Inserted by Act 4 of 1994, section 14, with effect from 23-4-1994. 179
(i) fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the municipality within three months after a bill or notice has been served upon him under this Act, or where in the case of any arrear this Act does not require the service of any bill or notice within three months after a notice requiring payment of the arrear (which notice it shall be the duty of the Commissioner to serve at the earliest possible date) has been duly served upon him by the Commissioner, or
(j) absents himself from the meetings of the council for a period of six consecutive months reckoned from the date of commencement of his term of office, or of the last meeting which he attended or of his restoration to office as councillor under subsection (4), as the case may be, or if within the said period less than three meetings have been held, absents himself from three consecutive meetings held after the said date:
Provided that no meeting from which a councillor absents himself shall be counted against him under this clause if ---
(i) due notice of that meeting was not given to him, or
(ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting,
(iii) the meeting was held on a requisition of members. 1(k) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the Union territory:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; and
(l) is so disqualified by or under any law made by the Legislative Assembly of the Union territory].
(2) where a person ceases to be a councillor under clause (a) of sub-section
(1) or under section 63 he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence or order is annulled on appeal or revision or the disqualification caused by the sentence or incurred under section 63, is removed by an order of the Government and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.
1. Inserted by Act 4 of 1994, section 14, with effect from 23-4-1994. 180
(3) Where a person ceases to be a councillor under clause (j) of sub-section
(1), the Commissioner shall at once intimate the fact in writing to such person and report the same to the council at its next meeting. If such person applies for restoration of his own motion to the council on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the council may, at the meeting next after the receipt of such application, restore him to his office of councillor:
Provided that a councillor shall not be so restored more than twice during his term of office. *23. Decision on question of disqualification.- (1) Whenever it is alleged that any person who has been elected as a councillor is disqualified under sub-section (1) of section 20, section 21, section 22, section 24 or section 63 and such person does not admit the allegation or whenever any councillor is himself in doubt whether or not he has become disqualified for office under section 22 or section 24 or section 63, such councillor or any other councillor may, and the Commissioner at the request of the council shall, apply to the Subordinate Judge having jurisdiction over the municipality or if no Subordinate Judge has such jurisdiction to the District Munsif having such jurisdiction.
(2) The said Subordinate Judge or District Munsif, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified under sub-section (1) of section 20, section 21, section 22, section 24 or section 63.
(3) Pending such decision, the councillor shall be entitled to act as if he is not disqualified.
(4) Against any decision under sub-section (2) the councillor may, and the Commissioner, at the request of the council, shall within thirty days from the date of such decision, appeal to the District Judge:
Provided that the District Judge may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
(5) where an appeal has been preferred under sub-section (4), the District Judge may, on sufficient cause being shown, stay the operation of the decision appealed from and in such a case, the decision appealed from shall be deemed never to have taken effect. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 181
(6) The decisions of the District Judge on appeal under sub-section (4), and subject only to such decision, the decision of the Subordinate Judge or the District Munsif under sub-section (2) shall be final. *24. Oath or affirmation to be made by councilors.- (1) Every person, who is elected to be a councillor shall, before taking his seat, make and subscribe before the Director or some person appointed in that behalf by him an oath or affirmation in the following form, namely: -- I, A.B., having been elected a councillor of the municipal council, do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.
(2) Any person who, having been elected to be a councillor, fails, to make within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) Any person who has been elected to be a councillor shall not take his seat at a meeting of the council or do any act as such councillor unless he has made the oath or affirmations laid down in sub-section (1).
(4) Notwithstanding anything contained in sub-section (3), a Chairman or a member of a committee constituted under this Act who has not made the oath or affirmation as councillor shall be entitled to act as such Chairman or member.
Provided that he makes the oath or affirmation and takes his seat at the first meeting of the council which he attends within two months after he is elected as, or becomes entitled to exercise the functions of, the Chairman or member, as t