The PUDUCHERRY MUNICIPALITIES ACT, 1973

puducherry · 1973

S. 1Inserted by Act 4 of 1994, section 16 w
S. 2Substituted by Act 3 of 1996, Section 8, w
S. 3—
S. 4Dates tree
S. 5The Bill seeks to achieve the aforesaid objects
S. 6—
S. 7The details of the municipal funds i
S. 8Annual budget allocated to each ward and such other information as may be prescribed
S. 9Safeguarding the interests of weaker sections of the society, including the handicapped and mentally ret
S. 10Slum improvement and upgradation
S. 11Procedure when no councillor is elected
S. 12Chairman and Vice-Chairman of council
S. 13Chairman, Vice-Chairman or councillors not to receive remuneration
S. 14Commissioner and personal assistant to the Commissioner
S. 15Definitions
S. 16Vital statistics, including registration of births and deaths
S. 17Public amenities, including street lighting, parking lots, bus stops and public convenience
S. 18Regulation of slaughter-houses and tanneries]
S. 19Power to re-arrange and republish electoral roll
S. 20Qualification of candidates
S. 21Disqualification of candidates
S. 22Disqualification of councillors
S. 23Decision on questions of disqualification
S. 24Oath or affirmation to be made by councillors
S. 25Corrupt practices
S. 26Maintenance of secrecy of voting
S. 27Promoting enmity between classes in connection with election
S. 28Prohibition of public meeting on the day preceding the election day and on the election day
S. 29Disturbances at election meetings
S. 30Restrictions on the printing of pamphlets, posters, etc
S. 31Officers, etc
S. 32Prohibition of canvassing in or near polling stations
S. 33Penalty for disorderly conduct in or near polling stations
S. 34Penalty for misconduct at the polling station
S. 35Penalty for illegal hiring or procuring of conveyances at elections
S. 36Breaches of official duty in connection with election
S. 37Penalty for municipal and Government servants, etc
S. 38Removal of ballot papers from polling stations to be an offence
S. 39Other offences and penalties therefor
S. 40Prosecution regarding certain election offences
S. 41Requisitioning of premises, vehicles, etc
S. 42Payment of compensation
S. 43Power to obtain information
S. 44Power of entry into and inspection of premises, etc
S. 45Eviction from requisitioned premises
S. 46Release of premises from requisition
S. 47Penalty for contravention of any order regarding requisitioning
S. 48Election petition
S. 49Parties to the petition
S. 50Contents of the petition
S. 51Relief that may be claimed by the petitioner
S. 52Election tribunal
S. 53Powers of the tribunal
S. 54Decision of the tribunal
S. 55Other orders to be made by the tribunal
S. 56Grounds for declaring election to be void
S. 57Grounds for which a candidate other than the retuned candidate may be declared to have been elected
S. 58Procedure in case of an equality of votes
S. 59Communication of the orders of the tribunal and the transmission of the records of the case to the election autho
S. 60Appeal against the order of the tribunal
S. 61Orders of the tribunal to be final and conclusive
S. 62Orders when to take effect
S. 63Disqualification of persons convicted of election offences
S. 64Publication of the results of election
S. 65Power to make rules regulating elections
S. 66Jurisdiction of civil courts barred
S. 67Vesting of municipal administration in the council
S. 68Council’s power to call for records in Commissioner’s custody
S. 69Council’s power to call for records of committees
S. 70Appointment of committees
S. 71Appointment of special committees
S. 72Provisions in regard to meeting of council, etc
S. 73Appointment of joint committee
S. 74Acts of municipal council, etc
S. 75Vesting of public streets and appurtenances in the municipal council
S. 76Prohibition against removal of or causing damage to trees growing on public streets
S. 77Duty of municipal council in respect of public streets withdrawn
S. 78—
S. 79Power of Government to transfer control of endowment to council
S. 80Collected sewage, etc
S. 81Inventory of municipal property
S. 82Limitation of power to accept property in trust
S. 83Objects not provided for by this Act
S. 84Procedure for acquisition of immovable property under the Land Acquisition Act, 1894
S. 85Authority competent to contract and contractual powers of persons appointed by Government
S. 86Rules regarding the conditions on which contracts may be made
S. 87Mode of executing contracts
S. 88Motion of no-confidence in Chairman or Vice-Chairman
S. 89Annual administration report
S. 90Powers and functions of the Chairman
S. 91Privileges of the Chairman regarding records and correspondence
S. 92Chairman to be member of every committee of the council
S. 93Delegation and devolution of functions of Chairman
S. 94Presidency of Council
S. 95Councillor when to abstain from taking part in discussion and voting
S. 96Duties and powers of individual Councillors
S. 97Resignation of Chairman, Vice-Chairman or Councillor
S. 98Functions of the Commissioner
S. 99Emergency powers of Commissioner
S. 100Power of Commissioner to incur petty contingent expenditure
S. 101Rights and duties of the Commissioner
S. 102Power of Government and Director for purposes of control
S. 103Director’s power to enforce execution of resolutions
S. 104Power to suspend or cancel resolution, etc
S. 105Emergency powers of Director
S. 106Government’s power to appoint officers to supervise municipalities
S. 107—
S. 108Power of Government to remove Chairman
S. 109Dissolution of Council
S. 110Power of officers acting for or in default of municipal council and liability of municipal fund
S. 111Appointment of municipal health officer, and municipal engineer
S. 112Government’s power to regulate the method of recruitment, conditions of service, etc
S. 113Provincialisation of any class of municipal officers or servants
S. 114—
S. 115Power of Government to transfer officers and servants of municipalities
S. 116Power to grant leave to establishment
S. 117Special provisions regarding officers and other employees of the Government lent to council
S. 118Taxes to be imposed
S. 119Resolution of council determining to levy tax
S. 120Notification of new taxes
S. 121Description and classes of property tax
S. 122Appointment of authorised valuation officer
S. 123Method of assessment of property
S. 124General exemptions
S. 125Taxation to be uniform
S. 126Preparation of assessment list
S. 127Authorised valuation officer to check assessment
S. 128Publication of notice of assessment list
S. 129Public notice of time fixed for lodging objections
S. 130Objection how to be dealt with
S. 131Authentic list how far conclusive
S. 132Amendment of assessment list
S. 133Assessment to be done after every five years
S. 134Property tax a first charge on property
S. 135Primary responsibility for property taxes on whom to rest
S. 136Apportionment of responsibility for property tax when the premises assessed are let or sublet
S. 137Person primarily liable for a property tax entitled to credit if he is a rent payer
S. 138Person primarily liable for a property tax how to be designated if his name cannot be ascertained
S. 139Vacancy remission
S. 140Obligation of transferor and transferee to give notice of transfer
S. 141Notice to be given to the Commissioner of the construction, reconstruction or demolition of building
S. 142Remission of tax in areas included or excluded in the middle of a half-year
S. 143Power of Commissioner to call for information
S. 144Profession tax
S. 145Liability of members of firms, associations and joint Hindu families to profession tax
S. 146Liability of servants or agents to profession tax
S. 147Service of notice on failure of payment of tax
S. 148Statements, returns, etc
S. 149Owner or occupier to furnish list of persons liable to tax
S. 150Requisition on employers or their representatives to furnish list
S. 151Deduction of profession tax from salary or wages or other sum
S. 152Tax on advertisements
S. 153Prohibition of advertisements without written permission
S. 154Permission of the Commissioner to become void in certain cases
S. 155Owner or person in occupation to be deemed responsible
S. 156Removal of unauthorised advertisements
S. 157Collection of tax on advertisement
S. 158Method of assessment of duty on transfer of property
S. 159Provisions applicable on the introduction of transfer duty
S. 160Power to make rules regarding assessment and collection of transfer duty
S. 161Tax on payment for admission to entertainment
S. 162Additional tax on cinematograph exhibition
S. 163Composition and consolidated payment of tax
S. 164Admission to entertainment
S. 165Manner of payment of tax
S. 166Returns
S. 167Entertainment exempted from payment of tax
S. 168Inspection
S. 169Exemption from payment for admission
S. 170Powers of entry, search and seizure
S. 171Power to make rules
S. 172Levy of duty on toddy trees
S. 173Levy of additional tax on buildings and lands used for certain purposes
S. 174Additional tax on buildings and lands used for certain purpose when payable
S. 175* 319
S. 176Mode of collection
S. 177Distraint and sale movable property
S. 178Power of entry by force under special order
S. 179Inventory and notice of distress and sale
S. 180Property of defaulter may be distrained wherever found
S. 181Sale of property
S. 182When occupier may be held liable for payment of property tax
S. 183Certain amount to be recovered as arrears of land revenue
S. 184Imposition of fine
S. 185—
S. 186Assessment of various taxes, etc
S. 187Power to write off irrecoverable taxes, etc
S. 188Payment of interest in case of default of payment of taxes
S. 189Appeals
S. 190Procedure in appeal
S. 191Power of Government to call for records and pass orders
S. 192Bar of other proceedings
S. 193Constitution of the municipal fund
S. 194Municipal fund to be in Government Treasury, etc
S. 195Payments not to be made unless covered by a budget-grant
S. 196Procedure when money not covered by a budget-grant is expended
S. 197Application of money received and expenditure from fund
S. 198Expenditure from municipal fund
S. 199Budget estimates
S. 200Revised or supplemental budget
S. 201Reduction or transfer of budge grants
S. 202Re-adjustment of income and expenditure to be made by the council during the course of year, whenever necessary
S. 203Powers of the Government over budget
S. 204Provisions as to unexpended budget grant
S. 205Appointment of auditors of accounts
S. 206Powers of auditors
S. 207Defect and irregularities to be rectified by the Commissioner
S. 208Remarks of the council on the final statement of the audit
S. 209Audit, surcharge and disallowance
S. 210Appeal against the decision of the auditors
S. 211Recovery of amount certified to be due
S. 212Powers of the Government to waive
S. 213Contributions to expenditure by other local authorities
S. 214Recovery of loans and advances made by the Government
S. 215Grant by Government to the municipal fund
S. 216Vesting of works in municipal councils
S. 217Construction and maintenance of water works
S. 218Constitution of water boards for local authorities
S. 219Trespass on premises connected with water supply
S. 220Prohibition of building over water mains
S. 221Council to provide water for domestic use
S. 222Control over house connections
S. 223Private water supply for consumption and domestic use and powers of Commissioner to enforce provision of water sup
S. 224Power of Commissioner to supply water for non-domestic purposes
S. 225Power of council to make bye-laws for water supply
S. 226Supply outside the municipality
S. 227Power to cut off water supply
S. 228Non-liability of council for reduction or stoppage of supply in certain cases
S. 229Provision for lighting public street
S. 230Maintenance of system of drainage by council
S. 231Control over house-drains, privies and cess-pools and connection of house drains with public d
S. 232—
S. 233Power of Commissioner to drain premises in combination
S. 234Building, etc
S. 235Construction of culverts or drain-coverings by owner or occupier
S. 236Maintenance of troughs and pipes for catching water
S. 237Provision of public latrines
S. 238Provision of flush-out or other latrines by owner or occupier
S. 239Provisions of flush-out or other latrines for labourers
S. 240Provision of flush-out or other latrines for markets, cart-stands cattle-sheds, choultry, etc
S. 241Flush-out or other latrines to be screened from view and kept clean
S. 242Power to carry wire, pipes, drains, etc
S. 243Prohibition against making connection with mains without permission
S. 244Powers in respect of works outside the Municipality
S. 245Municipality to arrange for the removal of rubbish and filth
S. 246Contribution from persons having control over places of pilgrimage, etc
S. 247Prohibition of improper disposal of carcasses, rubbish and filth
S. 248Prohibition against keeping filth on premises too long, etc
S. 249Prohibition against allowing outflow of filth
S. 250Prohibition against using any cart without cover in the removal of filth
S. 251Prohibition against throwing rubbish or filth into drains
S. 252Maintenance and repair of streets
S. 253Powers of Municipal authorities
S. 254Power to dispose of permanently closed streets
S. 255Acquisition of land and buildings for improvement of streets
S. 256Powers to declare any street a public street, subject to objections by owners
S. 257Powers to prescribe building line and street alignment
S. 258Buildings not to be constructed within street alignment or building line
S. 259Setting back projecting buildings walls
S. 260Setting buildings forward to improve line of street
S. 261Projected streets
S. 262Watering of streets
S. 263Temporary closure of streets
S. 264Protection of appurtenances and materials of streets
S. 265Power of Municipality to recover expenses caused by extraordinary traffic
S. 266Owner’s obligation to make a street when disposing of land as building sites
S. 267Making of new private streets
S. 268Application of sections 257, 258 and 269 to private streets
S. 269Alteration or demolition of street made in breach of section 267
S. 270Power of Commissioner to order work to be carried out or to carry it out himself in default
S. 271Right of owners to require street to be declared public
S. 272Prohibition against obstructions in or over streets
S. 273Prohibition and regulation of doors, ground-floor windows and bars opening outwards
S. 274Removal of encroachments
S. 275Power to allow certain projections, etc
S. 276Power of council to set up hoardings and levy fees
S. 277Precautions during repair of street
S. 278Prohibition against removal of bars and lights
S. 279Prohibition against making holes and causing obstruction
S. 280Licence for work on buildings likely to cause obstruction
S. 281Clearing of debris of fallen houses, etc
S. 282Naming or numbering of public streets
S. 283Numbering of buildings
S. 284Prohibition of plying hand-carts without licence
S. 285Building rules
S. 286Building site and construction or re-construction of buildings
S. 287Power of council to regulate future construction of certain classes of buildings in particular streets or localiti
S. 288Building at corner of streets
S. 289Prohibition against use of inflammable materials for buildings without permission
S. 290Prohibition against constructing doors, ground floor, windows and bars so as to open out-wards
S. 291Application to construct or reconstruct buildings
S. 292Necessity for previous approval of site
S. 293Prohibition against commencement of work without permission
S. 294Period within which Commissioner is to signify approval or disapproval
S. 295Period within which Commissioner is to grant or refuse to grant permission to execute work
S. 296Reference to council if Commissioner delays grant or refusal of approval or permission
S. 297Grounds on which approval of site for, or permission to construct or reconstruct, building may be refused
S. 298Lapse of permission
S. 299Inspection by Commissioner
S. 300Power of Commissioner to require alteration of work
S. 301Stoppage of work endangering human life
S. 302Completion certificates
S. 303Restrictions on uses of buildings
S. 304Application of certain sections to wells
S. 305Application to construct or reconstruct huts
S. 306Prohibition against commencement of work without permission
S. 307Period within which Commissioner is to grant or refuse to grant permission to execute the work
S. 308Reference to the standing committee, or council if Commissioner delays passing orders
S. 309Grounds on which permission to construct or reconstruct hut may be refused
S. 310Lapse of permission
S. 311Restriction on the power to refuse approval or permission for construction of buildings or huts
S. 312Maintenance of external walls in repair
S. 313Application of provisions to alterations and additions
S. 314Demolition or alteration of building work unlawfully commenced, carried on or completed
S. 315Power of Commissioner to impose penalty in the case of unauthorised constructions or alterations
S. 316Exemptions
S. 317Precautions in case of dangerous structures
S. 318Precautions in case of dangerous trees
S. 319Precautions in case of dangerous tanks, wells, holes, etc
S. 320Power to stop dangerous quarrying
S. 321Precautions against fire
S. 322Prohibition of construction wells, tanks, etc
S. 323Filling in of pools, etc
S. 324Regulation or prohibition of certain kinds of cultivation
S. 325Cleansing of insanitary private tank or well used for drinking
S. 326Duty of council in respect of public well or receptacle of stagnant water
S. 327Prohibition against or regulation of washing animals or cloths or drinking in public water-courses, tanks, etc
S. 328Provision of public wash-house
S. 329Prohibition against washing by washermen at unauthorised places
S. 330Prohibition against defiling water of tanks, etc
S. 331Untenanted buildings or lands
S. 332Removal of filth or noxious vegetation
S. 333Fencing of buildings or lands and pruning of hedges and trees
S. 334Lime washing and cleaning of buildings
S. 335Further powers with reference to insanitary building
S. 336Buildings unfit for human habitation
S. 337Abatement of overcrowding in dwelling house or dwelling place
S. 338Prohibition against feeding certain animals on filth
S. 339Prohibition against keeping animals or bird so as to be dangerous or a nuisance
S. 340Power to destroy stray pigs and dogs
S. 341Powers of Commissioner to use or sell materials of dangerous structure taken down, etc
S. 342Limitation of compensation
S. 343Government not to obtain licences and permissions
S. 344Conditions precedent to grant or renewal of licence
S. 345Licences for places in which animals are kept
S. 346General powers of control over stables, cattle-sheds and cow- houses
S. 347Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house
S. 348Licences for use of enclosed place or buildings for public resort or entertainment
S. 349Application and grant of licence
S. 350Revocation or suspension of licence
S. 351Appeal against order under section 350
S. 352Power to enter place of public resort to inspect licence or to prevent further use
S. 353Government may revise any proceedings under this Act
S. 354Prohibition of smoking in certain places where entertainments are held
S. 355Purpose for which places may not be used without licence
S. 356—
S. 357Council may issue directions for abatement of nuisance caused by steam or other power
S. 358Power of the Government to pass orders or give directions to Municipal Councils
S. 359Power of Commissioner to enter any factory, workshop or work place
S. 360Prohibition of corruption of water by chemicals, etc
S. 361Provisions of Municipal slaughter houses
S. 362Licence for slaughter houses
S. 363Slaughter of animals during festivals and ceremonies
S. 364Slaughter of animals for sale as food
S. 365Sections 363 and 364 to be subject to Act 8 of 1965
S. 366Regulation of milk trade
S. 367Public markets
S. 368Powers in respect of public market
S. 369Control of the Commissioner over public market
S. 370Licence for private market
S. 371Fee for licence
S. 372Sale in unlicensed private markets
S. 373Power of council in respect of private market
S. 374Suspension or refusal of licence in default
S. 375Prohibition against nuisances in private markets
S. 376Power to close private markets
S. 377Acquisition of rights of private persons to hold private market
S. 378Duty of expelling persons suffering from leprosy, etc
S. 379Butcher’s, fish-monger’s and poultry’s licence
S. 380Power to prohibit or regulate sale of articles in public streets
S. 381Decision of disputes as to whether places are markets
S. 382Provision of public cart-stand, etc
S. 383Prohibition of use of public place or sides of public streets as cart stand, etc
S. 384Recovery of cart-stand fees, etc
S. 385Licence for private cart-stand
S. 386Acquisition of right of person to keep private cart stands
S. 387Licensing of porters
S. 388Duty of Commissioner to inspect
S. 389Powers of Commissioner for purposes of inspection
S. 390Preventing inspection by Commissioner
S. 391Power of Commissioner to seize diseased animals, noxious food, etc
S. 392Removing or interfering with articles seized
S. 393Power to destroy article seized
S. 394Production of articles, etc
S. 395Registration or closing of ownerless places for disposal of dead
S. 396Licensing of places for disposal of dead
S. 397Provision of burial and burning grounds and crematoria within Municipality
S. 398Register of registered, licensed and provided places and prohibition of use of other places
S. 399Report of burials and burnings
S. 400Prohibition against use of burial and burning grounds dangerous to health or overcrowded with
S. 401Prohibition in respect of corpses
S. 402Certificate for disposal of the dead
S. 403Fencing, etc
S. 404Grave-diggor’s licence
S. 405Cattle-trespass Act to cease to apply to Municipalities
S. 406Power to establish cattle-pounds and appoint pound-keepers
S. 407Duties of pound-keepers
S. 408Impounding cattle
S. 409Delivery of cattle claimed
S. 410Security in respect of impounded cattle
S. 411Sale of cattle not claimed
S. 412Pound-fees and expenses chargeable to be fixed
S. 413Complaints of illegal seizure or detention
S. 414Definitions
S. 415Issue of notice to show cause against order of eviction
S. 416Eviction of unauthorised occupants
S. 417Disposal of property or property left on Municipal premises by unauthorised occupants
S. 418Power to recover rent or damages in respect of Municipal premises as arrears of land revenue
S. 419Power of Commissioner
S. 420Appeal
S. 421Finality of orders
S. 422Offences and penalties
S. 423Power to make rules
S. 424Definition of “infectious disease”
S. 425Obligation of medical practitioner or owner or occupier to report infectious disease
S. 426Power of entry into suspected places
S. 427Disinfection of buildings and articles
S. 428Provision of places for disinfection and power to destroy infected articles
S. 429Prohibition against transfer of infected articles
S. 430Power of council to prohibit use of water likely to spread infection
S. 431Commissioner may order removal of patients to hospital
S. 432Prohibition against infected person carrying on occupation
S. 433Prohibition against diseased person entering public conveyance
S. 434Letting of infected buildings
S. 435Power to order closure of public entertainment
S. 436Minor suffering from infectious disease not attend school or college
S. 437Compulsory vaccination
S. 438Obligation to give information of small-pox
S. 439Restriction on entry of persons inoculated for small-pox
S. 440Power of Government to make rules
S. 441Power of Government to alter Schedule III
S. 442Procedure for the issue of notification under section 441
S. 443Power of council to make bye-laws
S. 444Power to give retrospective effect to certain bye-laws
S. 445Penalty for breaches of by-laws
S. 446Conditions precedent to making bye-laws
S. 447Confirmation of bye-laws by Government
S. 448Publication of regulations
S. 449Punishment for certain offences
S. 450Penalty for acting as councillor, Chairman or Vice-Chairman when disqualified
S. 451Penalty for continuing meeting in contravention of rules, etc
S. 452Penalty for acquisition by Municipal Officer of interest in contract or work
S. 453Penalty for unlawful building
S. 454Notice to scavengers before discharge and penalty for withdrawal without notice
S. 455Wrongful restraint of Commissioner and his delegate
S. 456Penalty for not giving information or for giving false information
S. 457General provisions regarding licences and permissions
S. 458Appeals from Commissioner
S. 459Limitation of time for appeal
S. 460Power of persons conducting election and other inquiries
S. 461Summons to attend and give evidence or produce documents
S. 462Form of notices and permissions
S. 463Signature on documents
S. 464Publication of notifications
S. 465Publication of bye-laws, notices, orders, etc
S. 466Notice of prohibition or setting apart of places
S. 467Method of serving documents
S. 468Recovery by occupier of sum leviable from owner
S. 469Obstruction of owner by occupier
S. 470Execution of work by occupier in default of owner
S. 471Power of entry to inspect, survey or execute the work
S. 472Power of entry on lands adjacent to work
S. 473Inspection and stamping of weights and measures
S. 474Consequences of failure to obtain licences, etc
S. 475Time for complying with order and power to enforce in default
S. 476Recovery of expense from persons liable and limitation of liability of occupier
S. 477Relief to agent and to trustees
S. 478Power of Commissioner to agree to receive payment of expenses in installments
S. 479Power of Municipality to pay compensation
S. 480Limitation for recovery of dues
S. 481Procedure in dealing with surplus sale proceeds
S. 482Persons empowered to prosecute
S. 483Imprisonment in default of payment and application costs, etc
S. 484Payment of compensation for damage to municipal property
S. 485Institution of suits against municipal authorities, officers and servants
S. 486Provision respecting institution, etc
S. 487Power of election authority to defend himself if sued
S. 488Injunctions not to be granted in election or assessment proceedings
S. 489Indemnity of the Government, Director, Municipal authorities, officers and agents
S. 490Liability of Chairman, members and Commissioner for loss, waste or misapplications
S. 491Sanction for prosecution of Chairman, councillor or Commissioner
S. 492Assessments, etc
S. 493Police
S. 494Power of police officers to arrest persons
S. 495Exercise of powers of police officers by municipal servants
S. 496Application of term “public servant” to agents and sub-agents
S. 497Prohibition against obstruction of municipal authorities, servants and contractors
S. 498Prohibition against removal of mark
S. 499Prohibition against removal or obliteration of notice
S. 500Prohibition against unauthorised dealings with public place or materials
S. 501Delegation of powers by the Government
S. 502Revision
S. 503Offences by companies
S. 504Power of Government to make suitable provisions by order when a municipality is created or alt
S. 505Repeal and savings
S. 506Special provisions regarding the term of councillors of existing council whose term is due to expire
S. 507Consequences of replacement of existing councils
S. 508Provisions as to employees existing before the commencement of this Act
S. 509Obligation to carry out certain duties and functions of existing councils
S. 510Adjudication of disputes between local authorities
S. 511Power to exempt
S. 512Power to remove difficulties
S. 513—
S. 1967152 SCHEDULES I