Bare ActsThe PUDUCHERRY MUNICIPALITIES ACT, 1973

Section 4

Dates tree

Amendment status not verified — confirm the current text below against the official source.

Dates tree .. .. .. 2 per tree ** SCHEDULE - X [See Section 177.] DISTRAINT WARRANT. Warrant No. To (Name of officer charged with execution of warrant.) (State tax or taxes due and premises, if any in respect of which the tax or taxes are due.) * The schedule came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. ** The schedule X came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. 439 Whereas of has not paid or shown sufficient causes for the non-payment of P. due for the tax or taxes noted above for the ending 19 .( *Although the said sum has been duly demanded from the said ………………………………. and fifteen days have elapsed since such demand was made). (Although fifteen days have clasped since the commencement of the half-year to which the property tax relates). This is to command you to demand the said sum of P. together with P. being the fee for service of notice or bill of demand and twelve paise for warrant fees failing payment of which you are to distrain the goods and chattels of the said. (or as the case may be, any goods and chattels found on the premises referred to), to the amount of the said sum to P. together with P. for service of notice or bill of demand, warrant fee and distraint fee making together a sum of P. and such further sum as may be sufficient to defray the charges of keeping and selling such distraint; and if within seven days next after such distraint, the amount due on account of the said tax or taxes and fees shall not be paid, together with such further sum as may be sufficient to defray the charges of keeping such destraint, to sell the said goods and chattels under orders to be hereafter issued by me, and to remit to the municipal office to the sale proceeds of the distrained property, out of which the amount due on account of the said taxes and fees, viz., P. and the charges of keeping and selling such distraint shall be deducted and credited to the municipal fund, and the surplus, if any, returned to the owner of the goods and chattels distrained. If distraint or sufficient distraint cannot be found of the goods and chattels of the said ,you are to certify the same to me together with this warrant. Station: Date: 19 . Signature of the Commissioner * Strike off one of the alternative as necessary. 440 * SCHEDULE - XI [See Section 179 (1).] FORM OF INVENTORY AND NOTICE (State particulars of goods and chattels seized) Take notice that I have this day seized the goods and chattels specified in the above inventory for the sum of P. due for the tax or taxes mentioned in the margin for the ending 19 , and that unless you pay into the office of the municipality or the amount due together with the fee for service of notice or bill of demand, the warrant fee, the distraint fee and cost of keeping the goods and chattels, within seven days from the date of this notice, the goods and chattels will be sold on the day of 19 , at the municipal office or at such other places as the Commissioner may direct; and that the goods and chattels may be sold at any previous date, if they are liable to speedy and natural decay. Station: Date: Signature of the Officer executing the warrant of distraint. * The schedule XI came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 441 * SCHEDULE - XII (See section 177.) TABLE OF FEES PAYABLE ON DISTRAINTS Sum distrained for Fees (1) (2) P. Under 1 rupee .. .. .. 0.25 1 rupee and over but under 5 rupees .. .. .. 0.50 5 rupees and over but under 10 rupees .. .. .. 1.00 10 rupees and over but under 15 rupees .. .. .. 1.50 15 rupees and over but under 20 rupees .. .. .. 2.00 20 rupees and over but under 25 rupees .. .. .. 2.50 25 rupees and over but under 30 rupees .. .. .. 3.00 30 rupees and over but under 35 rupees .. .. .. 3.50 35 rupees and over but under 40 rupees .. .. .. 4.00 40 rupees and over but under 45 rupees .. .. .. 4.50 45 rupees and over but under 50 rupees .. .. .. 5.00 50 rupees and over but under 60 rupees .. .. .. 6.00 60 rupee and over but under 80 rupees .. .. .. 7.50 80 rupee and over but under 100 rupees .. .. .. 9.00 100 rupee and over .. .. .. 10.00 The above charge includes all expenses except when persons are kept in charge of property distrained, in which case twenty paise shall be paid daily for each such person. * The schedule XII came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 442 SCHEDULE - XIII (See section 449.) PENALTIES Explanation. – The entries in column 2 of the following Table headed “subject” are not intended as definitions of the offences prescribed in the provisions mentioned in the column 1 or even as abstracts of those provisions, but are inserted merely as reference to the subject thereof. Section, sub-section or clauses Subject Fine which may be imposed Daily fine which may be imposed (1) (2) (3) (4) *Section 95 sub-section (1) Interested councillor voting or taking part in discussion. 100 .. **[Section 140 Failure to give notice of transfer of title or to produce documents. 100 .. Section 141 sub-section (1) Failure to send notice to Commissioner after completion of construction or reconstruction of building. 100 .. Section 143 sub-section (1) Failure of owner or occupier to furnish return of rent, etc. 100 .. Section 149 Failure of owner or occupier to obey, requisition to furnish list of persons carrying on profession, art, etc. 200 ..] *[Section 150 Failure of employer or head of an office, firm or company to obey requisition to furnish list of persons in his employ. 200 .. Section 153 Unlawful advertisement 50 10] **[Section 206 Failure to obey requisition by auditor to attend, give guidance or produce documents. 100 25 Section 219 Trespassing on premises connected with the water supply. 100 .. * 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 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. 443 (1) (2) (3) (4) Section 222 Failure to maintain house connections in conformity with bye-laws and regulations. 100 10 Section 223 sub-section (2) Failure to obey requisition to make house connections. 100 10 Section 231 sub-section (1) Failure to maintain house drains, etc., in conformity with bye-laws and regulations. 50 10 Section 231 sub-sections (3) and (4) Failure to obey requisition as to house drainage. 50 10 Section 232 sub-section (1) clause (b) Failure to obey direction as to limited use of drain or notice requiring construction of distinct drain. 50 .. Section 234 Unlawful construction of building over public drain. 500 ..] *[Section 235 Failure to obey requisition regarding culverts, etc., or to keep them free from obstruction. 100 .. Section 236 Failure to obey requisition to maintain troughs and pipes for catching etc., water from roof or other part of building. 50 10] **Section 238 Failure to obey requisition to provide flushout or other latrines or to remove flushout or other latrines to another site and failure to keep flushout or other latrines clean and in proper order. 100 10 Section 239 Failure to provide flushout to provide or other latrines for premises used by large number of people or to keep them clean and in proper order 200 60 Section 240 Failure to obey requisition to provide flushout or other latrines for market, cattle-stand, cart-stand, etc., or to keep them clean and in proper order. 200 60] * The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974. 444 (1) (2) (3) (4) *[Section 241 Failure to construct flushout or other latrines so as to screen persons using them from view. 40 .. Section 243 Making connection with mains without permission. 300 .. Section 247 Improper disposal of carcasses, rubbish and filth. 20 .. Section 248 Allowing filth to accumulate on premises for more than twenty-four hours, etc. 20 in the case of residential buildings and 40 in the case of hotels and lodges .. Section 249 Allowing filth to flow in streets. 10 .. Section 250 Using cart without cover in removal of filth, etc. 20 .. Section 251 Throwing rubbish or filth into drains. 20 .. Section 258 Building within regular lines of streets. 1,000 200 Section 259 sub-section (1) Failure to obey orders to set back buildings. 500 .. Section 264 Unlawful displacement, etc., of pavement or fences, posts and other materials of public street. 100 -- Section 266 Failure to provide streets, etc., on building sites prior to disposes. 300 15] *[Section 267 sub-section (3) Unlawful making or laying of new private street. 500 .. Section 270 Failure to obey requisition to metal etc., in a private street. 200 .. Section 272 Building wall or erecting fence, etc., in a street. 200 .. Section 273 Allowing doors, ground floor windows, etc., to open outwards without licence or contrary to notice. 20 .. Section 274 Failure to remove permanent encroachment. 300 30 * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974. 445 (1) (2) (3) (4) Section 275 Failure to remove a temporary encroachment. 100 15 Section 278 Unlawful removal of bar or storing timber, etc., or removal or extinction of light. 40 .. Section 279 Unlawful making of hole or placing of obstruction in street. 100 30 Section 280 Construction, etc., of building without licence where street or footway is likely to be obstructed. Failure to fence, etc., such building while under repair or failure to remove obstruction. 100 100 30 ..] *[Section 281 Failure to remove obstruction caused in street by fall of trees, etc., within 12 hours of all. 100 .. Section 282 sub-section (3) Unlawful destruction, etc., of name of street. 40 .. Section 283 sub-section (2) Unlawful destruction, etc., of number of building. 5 .. Section 283 sub-section (3) Failure to replace number when required to do so. 40 .. Section 284 sub-section (1) Plying hand cart, etc., without licence 50 ..] **[Section 287 sub-section (5) Constructing or reconstructing building contrary to declaration issued by council. 300 ..] Section 288 sub-section (1) Failure to obey requisition to round or splay off buildings at corners of street. 200 100 Section 289 Construction of external roofs, etc., with inflammable materials. 100 30 Section 290 Construction of door or window, etc., to open outward on public streets. 40 .. Section 312 Failure to keep external walls of premises in proper repair. 40 20 **[Section 317 sub-section (1) Failure to obey requisition to take down, repair or secure dangerous structure. 500 .. Section 318 sub-section (1) Failure to obey requisition to secure, lop or cut down dangerous trees. 100 ..] ** The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122, dated 12th September, 1974. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974. 446 (1) (2) (3) (4) *[Section 319 Failure to obey requisition to repair, etc., tank or other place dangerous to passers- by or persons living in neighbourhood. 100 203 Section 320 Failure to obey requisition to stop dangerous quarrying. 200 20 Section 321 Failure to obey notice regarding precautions against fire. 200 20 Section 322 sub-section (1) Constructing well, etc., without permission. 100 .. Section 322 sub-section (3) Failure to obey notice to fill up, demolish well, etc, 100 .. Section 323 Failure to obey requisition to fill up etc., tank or well, or drain of water, etc., 100 20 Section 324 Cultivating contrary to prohibition or regulations. 500 .. Section 325 Failure to obey requisition to clean or close, etc., tank, well or other source of water used for drinking. 100 20] *[Section 327 Unlawful washing and fishing in river, etc., after prohibition or contrary to regulations. 50 .. Section 329 Washing of clothes by washermen at unauthorised places. 20 .. Section 330 Defiling water of tanks, etc., 50 .. Section 331 Failure to obey requisition to enclose, clear or clean untenanted premises. 50 20 Section 332 Failure to obey requisition to clear or clean, etc., building or land in filthy state or overgrown with noxious vegetation. 50 20 Section 333 Failure to obey requisition to fence building or land or trim, prune or cut hedges and trees or lower an enclosing wall. 50 10 Section 334 Failure to obey requisition to lime wash or otherwise cleanse building. 50 10 Section 335 Failure to obey requisition to execute work or take other action with respect to insanitary building. 150 in the case of building and 50 in the case of hut 20 in the case of building and 10 in the case of hut * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974. 447 (1) (2) (3) (4) Section 336 sub-section (2) Using or allowing the use of buildings unfit for human habitation after prohibition. 40 for each day .. Section 336 sub-section (4) Failure to obey requisition to demolish the same. 40 for each day ..] *[Section 337 sub-section (1) Allowing overcrowding in building after order to abate same. 10 for each day .. Section 337 sub-section (4) Failure to obey requisition to vacate over-crowded building or room 10 for each day .. Section 338 Feeding animals on filth 50 .. Section 339 Unlawful keeping of animal or bird so as to be a nuisance or danger. 20 15 Section 345 Use of place as stable, cattle-stand etc., without licence or contrary to licence. 100 30 Section 346 Construction or maintenance of stable, cattle-shed, etc., contrary to Act or rules, bye-laws, regulations and orders made thereunder. 100 30 Section 347 Use of place as stable, cattle-shed, etc., contrary to notice issued by Commissioner. 200 100] *[Section 348 Use of place as place of public resort or entertainment without licence or contrary to licence. 500 30] **[Section 355 sub-section (1) Using a place for any of the purposes specified in Schedule III without licence or contrary to licence. 200 60 Section 356 Unlawful erection of factory, workshop, etc., 1,000 300 Section 357 Disobedience of order regarding abatement of nuisance. 200 300] *[Section 362 Use of place as slaughter house without licence or contrary to licence. 300 150 * 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 12th of September, 1974 vide Extraordinary Gazette No. 122, dated 12th September, 1974. 448 (1) (2) (3) (4) Section 364 Slaughter of animals for sale as food or skinning or cutting up of carcasses or drying skin so as to cause a nuisance. 20 for every animal, carcass or skin. -- Section 366 Carrying on milk trade without licence or contrary to licence. 50 15 Section 367 Obstructing a person in the use of a market. 200 -- Section 369 Sale or exposure for sale in public market of animal or article without permission or contrary to permission. 20 -- Section 370 Opening or keeping open private market without licence or contrary to licence. 500 200 Section 372 Sale or exposure for sale of animal or article in unlicensed private market. 20 40] *[Section 373 Failure to obey direction to construct approaches, drains, etc., to private markets or to pave them, etc., 100 -- Section 374 sub-section (2) Opening or keeping open of private market after suspension or refusal of licence for default to carry out works. 20 for each day -- Section 375 Nuisances in private markets 20 -- Section 379 Carrying on butcher’s, fish monger’s or poulterer’s trade without licence, etc. 100 30 Section 380 Sale or exposure for sale of animal, bird or article in public street. 10 -- Section 383 Using a public place or the sides of a public street as public landing place, etc. 300 60 Section 385 Opening or keeping open a new private cart-stand without licence or contrary to licence. 300 60 Section 390 Preventing the Commissioner or any person authorised by him from exercising his powers of entry, etc., 100 --] The Schedule, in so for as it relates to the regulating of milk trade was declared extended to the Commune Panchayats specified below w.e.f. 16th July 1974 vide Extraordinary Gazette No. 92 dated 22nd July 1974.

Section 4 – The PUDUCHERRY MUNICIPALITIES ACT, 1973 | DailyLaw.ai