Section 6

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

Bahur Commune Panchayat 392 (3) If the Chairman or Vice-Chairman of a municipal council fails to hand over any documents of, or any moneys or other properties vested in, or belonging to, the municipal council which are in or have come into his possession or control, to his successor in office or other prescribed authority, in every case as soon as his term of office as Chairman or Vice-Chairman expires and in the case of the Vice-Chairman also on demand by the Chairman, such Chairman or Vice- Chairman shall be punishable with fine which may extend to one thousand rupees for every such offence. * 451. Penalty for continuing meeting in contravention of rules, etc. – Any person who continues, or purports to continue, to hold, or votes at, or takes part in, a meeting of the municipal council after it has been adjourned in accordance with the provisions of this Act or of the rules or regulations made thereunder shall be punishable with fine which may extend to one hundred rupees. * 452. Penalty for acquisition by municipal officer of interest in contract or work.- If any municipal officer or servant knowingly acquires, directly or indirectly, by himself or by a partner or employer or servant, any personal share or interest in any contract or employment with by, or on behalf of the municipal council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code (Central Act 45 of 1860): Provided that no person shall, by reason of being a share-holder in, or member of, any company, be held to be interested in any contract entered into between such company and the council, unless he is a director of such company: Provided further that nothing in this section shall apply to a teacher employed by a municipal council who, with the sanction of the Government, enters into a contract with the municipal council with regard to the utilization for the purpose of a school of any land or building owned by him or in which he has a share or interest. * 453. Penalty for unlawful building.- If --- (a) the construction or re-construction of any building or well is --- (i) commenced without the previous permission of the Commissioner, or * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 393 (ii) carried on or completed otherwise than in accordance with the particulars on which such permission was based, or (iii) carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or made, or (b) any --- (i) alterations or additions required by any notice issued under section 300 or section 313 are not duly made, or (ii) person to whom a direction is given by the Commissioner to alter or demolish a building or well under section 314 fails to obey such direction, the owner of the building or well or the said person, as the case may be punishable with fine which may extend in the case of a building to five hundred rupees and in the case of a well or hut to fifty rupees, and to a further fine which may extend in the case of a building to one hundred rupees, and in the case of a well or hut to ten rupees, for each day during which the offence is proved to have continued after the first day. * 454. Notice to scavengers before discharge and penalty for withdrawal without notice.- (1) In the absence of a written contract to the contrary, every scavenger employed by the municipal council shall be entitled to one month’s notice before discharge or to one month’s wages in lieu thereof, unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it. (2) If any scavenger employed by the council in the absence of a written contract authorising him so to do, and without reasonable cause, resigns his employment or absents himself from his duties without giving one month’s notice to the council, or neglects or refuses to perform his duties, or any of them, he shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to fifty rupees or with both. (3) The Government may, by notification, direct that, on and from a date to be specified in the notification, the provisions of sub-section (1) and (2) with respect to scavengers shall apply also to any specified class of municipal servants whose functions intimately concern the health or safety of the public. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 394 * 455. Wrongful restraint of Commissioner and his delegate.- Every person who prevents the Commissioner or any other person authorised by the Commissioner from exercising his lawful power of entering into or on any land or building shall be deemed to have committed an offence under section 341 of the Indian Penal Code (Central Act 45 of 1860). * 456. Penalty for not giving information or for giving false information.- If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information-- (a) omits to furnish it, or (b) knowingly or negligently furnishes false information, such person shall be punishable with fine which may extend to one hundred rupees. CHAPTER – XXI PROCEDURE AND MISCELLANEOUS Licences and permissions. * 457. General provisions regarding licences and permissions.- (1) Every licence and permission granted under this Act or any rule or bye-law made thereunder shall specify the period, if any, for which, and restrictions, limitations and conditions, subjects to which the same is granted and shall be signed by the Commissioner. (2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission, fees shall be paid in advance on such units, and at such rates, as may be fixed by the municipal council. (3) The council may --- (a) place the collection of such fees under the management of such persons as may appear to it proper, or (b) farm out such collection any period not exceeding three years at a time and on such terms and conditions as it may think fit. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 395 (4) Every order of a municipal authority granting or refusing a licence or permission shall be published on the notice board of the municipal council. (5) Every order of a municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds therefor. (6) Subject to the special provisions in Chapter XIII and Chapter XV regarding buildings and private markets, and subject to such sanction as may be required for the refusal of a licence or permission, any licence or permission granted under this Act or any rule or bye-law or regulation made thereunder, may at any time be suspended or revoked by the Commissioner if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule by-law or regulation made thereunder in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud: Provided that no such suspension or revocation shall be made except after giving the holder of the licence or permission a reasonable opportunity of being heard. (7) It shall be the duty of the Commissioner to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise if it is open to the public or any industry is being carried on it at the time, and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act or otherwise than in conformity with the same, he may, at any time, by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-laws or regulations, and condition of a licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section , by the Commissioner or any person authorised by him in this behalf or by any force necessary for effecting on entrance under this sub- section. (8) When any licence or permission is suspended or revoked, or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall, for all purposes of this Act or any rule or bye-law made thereunder, be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled, or subject to sub-section (13), until the licence or permission is renewed, as the case may be. 396 (9) Every grantee of any licence or permission shall at all reasonable times, while such licence or permission remains in force, produce the same at the request of the Commissioner. (10) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration required by the provisions of this Act or any rule or bye-law made thereunder the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the municipal council the amount of the fee chargeable for the licence or permission or for registration and may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix as the costs of the prosecution. (11) Save as otherwise expressly provided in or may be prescribed under this Act, every application for a licence or permission or for registration or the renewal of a licence or permission or registration, shall be made not less than thirty days and not more than ninety days before the commencement of the year. (12) Such recovery of the fee under sub-section (10) shall not entitle the person convicted to a licence or permission or to registration as aforesaid. (13) The acceptance by the municipal council of the prepayment of the fee for a licence or permission or for registration shall not entitle the person making such prepayment to the licence or permission or to registration, as the case may be, but only to refund of an amount not exceeding one-half of the fee as may be decided by the municipal council in case of refusal of the licence or permission or of registration but an applicant for the renewal of a licence or permission or registration shall, until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed and save as otherwise specifically provided in this Act, if orders on an application for licence or permission or for registration are not communicated to the applicant within sixty days after the receipt of the application by the Commissioner, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subject to the law, rules, bye-laws, regulations and all conditions ordinarily imposed. * 458. Appeals from Commissioner.- (1) An appeal shall lie to the standing committee or if no such committee has been constituted, to the council from -- * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 397 (a) any notice issued or other action taken or proposed to be taken by the Commissioner --- (i) under section 223, section 231, section 238, section 239, section 240, section 242, sub-section (1) or sub-section (3) of section 300, sub-section (3) of section 314, sub-section (1) of section 317, sub-section (1) of section 318, sub-section (1) of section 323, section 325, section 335 section 346, or section 347, or (ii) under any bye-law concerning house drainage and the connection of house-drains with municipal drains or house connections with municipal water-supply or lighting mains, or (b) any refusal by the Commissioner to approve a building site under section 294, or (c) any direction by the Commissioner levying a penalty under section 315: Provided that no appeal against such a direction shall be entertained unless the appellant has paid the penalty which fell due up to the date on which the appeal is presented by him: Provided further that the municipal council shall have no power to stay the collection of any penalty which may fall due during the pendency of the appeal, or (d) any order of the Commissioner granting or refusing a licence or permission, (e) any order of the Commissioner made under sub-section (6) of section 457, suspending or revoking a licence, or (f) any other order of the Commissioner that may be made appealable by rules made under section 440. (2) Every such appeal shall be disposed of by the standing committee or, as the case may be, by the council within one month from the date of its receipt in the municipal office and, if not disposed of within that time, shall be transmitted by the Commissioner to such officer as may be specified by the Government by order for disposal. (3) The decision of the standing committee or the council or the officer specified under sub-section (2), as the case may be, on any such appeal shall, subject to the provisions of sub-section (4), be final and the standing committee or the council or the said officer shall have no power to revise its or his decision. 398 (4) The Government may, at any time, call for and examine the records relating to any such appeal, and pass such orders as it may deem fit. * 459. Limitation of time for appeal.- (1) In any case in which no time is prescribed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal shall be presented --- (a) where the appeal is against an order granting a licence or permission within thirty days after the date of the publication of the order on the notice board of the municipal council, and (b) in other cases, within thirty days after the date of the receipt of the order or proceeding against which the appeal is made. (2) The provisions of section 5 of the Limitation Act, 1963, shall, so far as may be, apply to any such appeal. * 460. Power of persons conducting election and other inquiries.- All persons authorised by rule to conduct inquiries relating to elections and all inspecting or superintending officers holding any inquiry into matters falling within the scope of their duties shall have, for the purposes of such inquiry, the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents and other articles as the civil courts have under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), and all persons to whom summonses are issued by virtue of the said powers shall be bound to obey such summonses. * 461. Summons to attend and give evidence or produce documents.- The Commissioner may summon any person to attend before him and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation or inspection or registration or to the grant of any licence or permission under the provisions of this Act. Notices, etc. * 462. Form of notices and permissions. – All notices and permissions given, issued, or granted, as the case may be, under the provisions of this Act, shall be in writing. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 399 * 463. Signature on documents.- (1) Every licence, permission, notice, bill, summons, warrant or other document which is required by this Act or by any rule, bye-law or regulation made thereunder to bear the signature of the Chairman or Commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman or Commissioner or of such municipal officer, as the case may be, stamped thereon. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the municipal council. * 464. Publication of notifications.- Save as otherwise provided, every notification under this Act, other than the one issued by the Government shall be published in the Official Gazette both in English and in the regional language: Provided that the Government shall have power to direct that any such notification --- (i) shall be published in the said gazette either in English or in the regional language, or (ii) shall, instead of being published in the said Gazette, be published in any other manner specified by it. * 465. Publication of bye-laws, notices, orders, etc.- (1) Every bye-law, order, notice or other document directed to be published under this Act shall unless a different method be prescribed by this Act, or by the council, be written in, or translated into, the regional language and deposited at the municipal office and a copy shall be pasted up in a conspicuous position at such office and such other places as the council may direct. (2) A public proclamation shall be made throughout the municipality by beat of drum that such copy has been so pasted up and that the original is open to inspection at the municipal office. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 400 * 466. Notice of prohibition or setting apart of places.- Whenever the municipal council shall have set apart any place for any purpose authorised by this Act or shall have prohibited the doing of anything in any place, the Commissioner shall forthwith cause to be put up a notice in English and in the regional language at or near such place. Such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place. * 467. Method of serving documents.- (1) Where any notice or other document is required by this Act or by any rule, bye-law, regulation or order made thereunder to be served on, or sent to any person, the service or sending thereof may be effected --- (a) by giving or tendering the said document to such person; or (b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or (c) if such person does not reside in the municipality and his address elsewhere is known to the Commissioner, by sending the same to him by registered post; or (d) if none of the means aforesaid be available or if the person to whom such notice is given or tendered, refused to accept it, by affixing the same on some conspicuous part of such place of abode or business. (2) When the person is an owner or occupier of any building or land it shall not be necessary to name the owner or occupier in the document and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners and occupiers. (3) Whenever in any bill, notice, form, or other document served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything done, such period shall, unless otherwise provided in this Act, be calculated from the date of such service or sending. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 401 Relation of occupier to owner. * 468. Recovery by occupier of sum leviable from owner.- If the occupier of any building or land makes on behalf of the owner thereof any payment for which under this Act, the owner, but not the occupier, is liable, such occupier shall be entitled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to the owner. * 469. Obstruction of owner by occupier.- (1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this Act, the Commissioner may, by order in writing, require the said occupier to permit the owner, within eight days from the date of service of such order, to execute all such works as may be necessary. (2) Such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of default in executing such works. * 470. Execution of work by occupier in default of owner.- If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made thereunder, the occupier of such building or land may, with the previous approval of the Commissioner, execute the said work and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof and may deduct the amount thereof from the rent accrued or accruing to the owner. Power of entry and inspection of the Commissioner. * 471. Power of entry to inspect, survey or execute the work.- The Commissioner or any other person authorised by him in this behalf may enter into or on any building or land with or without assistants or workmen in order to make any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes or metres, or to execute any other work which is authorised the provisions of this Act or any rule, bye-law, regulation or order made thereunder or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute: * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 402 Provided that --- (a) except when it is in this Act otherwise expressly provided -- (i) no such entry shall be made between sunset and sunrise: (ii) no dwelling house and no part of a public building used as a dwelling place shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least six hours previous notice of the intention make such entry; (b) sufficient notice shall be given in every case even when any premises may otherwise be entered without notice to enable the inmates of any apartment appropriated to women to remove to some of the premises where their privacy may be preserved; (c) due regard shall be paid, so far as may be compatible with the exigencies of purpose of the entry, to the social and religious usages of the occupants of the premises. * 472. Power of entry on lands adjacent to works.- (1) The Commissioner or any other person authorised by him in this behalf may, with or without assistants or workmen, enter on any land adjoining or within forty-five metres of any work authorised by this Act or by any rule, bye-law, regulation or order made thereunder, for the purpose of depositing on such land any soil, gravel, stone, or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on thereof. (2) The Commissioner or any other person authorised by him as aforesaid, shall before entering on any land under sub-section (1), give the owner or occupier thereof three days’ previous notice of the intention to make such entry, and state the purpose thereof, and shall, if so required by the owner or occupier, fence off so much of the land as may be required for such purpose. (3) The Commissioner shall not be bound to make any payment, tender or deposit before entering on any land under sub-section (1), but as little damage as may be, shall be done and the Commissioner shall pay compensation to the owner or occupier of the land for such entry and for any temporary or permanent damage that may result therefrom. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 403 (4) If such owner or occupier is dissatisfied with the amount of compensation paid to him by the Commissioner, he may appeal to the council. * 473. Inspection and stamping of weights and measures.- The Commissioner or any other person authorised by him in this behalf may examine and test the weights and measures used in markets and shops in the municipality with a view to the prevention and punishment of offences relating to such weights and measures under Chapter XIII of the Indian Penal Code (Central Act 45 of 1860). * 474. Consequences of failures to obtain licences, etc., or of breach of the same.- (1) If, under this Act, or any rule, bye-law or regulation made thereunder a licence or permission of the municipal council, standing committee or Commissioner or registration in the municipal office is necessary for the doing of any act, and if such act is done without such licence or permission or registration, or in a manner inconsistent with the terms of any such licence or permission, then --- (a) the Commissioner may by notice require the person so doing such act to alter, remove, or, as far as practicable, restore to its original state the whole or any part of any property (movable or immovable, public or private) affected thereby, within a time to be specified in the notice; (b) the Commissioner or any other person authorsied by him in this behalf may also enter into or on any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act; and (c) if no penalty has been specifically provided in this Act for so doing such act, the person so doing it shall be punishable with fine which may extend to fifty rupees for every such offence. (2) No claim shall lie against the Commissioner or any other person for any damage or inconvenience caused by the exercise of the power given under this section or by the use of the force necessary for the purpose of carrying out the provisions of this section. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 404 * 475. Time for complying with order and power to enforce in default.- (1) Whenever by any notice, requisition or order under this Act, or under any rule bye-law or regulation made thereunder any person is required to execute any work or to take any measures or do anything a reasonable time shall be specified in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done. (2) If such notice, requisition, or order is not complied with within the time so specified, the Commissioner may cause such work to be executed or may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid. (3) If no penalty has been specially provided in this Act for failure to comply with such notice, requisition or order, the said person shall be punishable with fine which may extend to fifty rupees for every such offences. * 476. Recovery of expenses from persons liable and limitation of liability of occupier.- (1) the Commissioner may, subject to the provisions of section 231, recover any reasonable expenses incurred under section 475 from the person or any one of the persons to whom the notice, requisition or order was addressed, and may, in executing the work or taking measures or doing anything under section 475, utilise any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred. (2) If the person to whom notice is given is the owner of the property in respect of which it is given, the Commissioner may, whether any action or other proceeding has been brought or taken against such owner or not, require the person, if any, who occupies such property, or any part thereof, under the owner, to pay to the municipal council instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner, under sub-section (1) or to such smaller amount as the Commissioner may think proper; and any amount so paid shall be deducted from the amount payable by the owner. (3) For the purpose of deciding whether action should be taken under sub-section (2), the Commissioner may require any occupier of property to furnish information as to the sum paid by him as rent on account of such property and as to the name and address of the person to whom it is payable; and such occupier shall be bound to furnish such information. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 405 (4) The provisions of this section shall not affect any contract made between any owner and occupier respecting the payment of any such expenses. * 477. Relief to agent and to trustees.- (1) When any person by reason of his receiving the rent of immovable property as agent, trustee, guardian, manager or receiver or of his being agent trustee, guardian, manager or receiver for the person who would receive the rent if the property were let to a tenant, would, under this Act, be bound to discharge any obligation imposed by this Act, or any rule, bye-law, regulation or order made thereunder, on the proprietor of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or, but for his own improper act or default, might have had in his hands funds belonging to the proprietor sufficient for the purpose. (2) The burden of proving the facts entitling a person to relief under this section lie on him. (3) When any person has claimed and established his right to relief under this section, the Commissioner may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf or for the use of the proprietor; if he fails to comply with such notice, he shall be deemed to be personally liable to discharge such obligation. * 478. Power of Commissioner to agree to receive payment of expenses in instalments.- Instead of recovering any such expenses as aforesaid in the manner provided under section 175, the Commissioner, may if he thinks fit, take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amount and at such intervals as will secure the payment of the whole amount due with interest thereon at the rate of nine per centum per annum, within a period of not more than five years. Payment of compensation etc., by and to the municipality * 479. Power of municipality to pay compensation.- In any case not otherwise expressly provided for in this Act, the Commissioner may, with the previous approval of the council, pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, officer or servant of any of the powers vested in it or him by this Act or any other law, or by any rule, bye-law or regulation made thereunder. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 406 * 480. Limitation for recovery of dues.- No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to the municipal council under this Act after the expiration of a period of three years from the last day of the period in respect of which such sum is claimed, or in case the same is not claimed in respect of any specific period, from the last day of the year in which the claim arose. * 481. Procedure in dealing with surplus sale proceeds.- If any property, movable or immovable, is sold under the provisions of this Act, and if there is a surplus after the sum due to the municipal council and the costs have been deducted from the sale proceeds, such surplus shall, if is the owner of the property sold claims it within six months from the date of the sale, be paid to him by the Commissioner but if no such claim is preferred within such time, the said surplus shall be credited to the municipal fund and no suit shall lie for the recovery of any sum so credited. * 482. Persons empowered to prosecute.- Save as otherwise expressly provided in this Act, no court shall take cognizance of any offence against the provisions of this Act, or of any rule, or bye-law made thereunder unless complaint is made by the Police or the Commissioner or by a person expressly authorised in this behalf by the council or the Commissioner within three months of the commission of the offence: Provided that --- (a) nothing herein shall affect the provisions of the Code of Criminal Procedure, 1898**, in regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion; and (b) failure to take out a licence, obtain permission or secure registration under this Act, shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. ** Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 407 * 483. Imprisonment in default of payment and application of costs etc.- (1) If any fine, costs, tax or other sum, imposed, assessed or recoverable by a Magistrate under this Act or under any rule or bye-law made thereunder, is not paid the Magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations, and conditions imposed by sections 64 to 70 (both inclusive) of the Indian Penal Code (Central Act 45 of 1860). (2) Any fine, costs, tax or other sum imposed assessed or recoverable by a Magistrate under this Act or under any rule or bye-law made thereunder, shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1898**, as if it were a fine and the same shall, except in the case of a fine, on recovery be paid to the municipal council to be applied to the purposes of this Act. * 484. Payment of compensation for damage to municipal property.- (1) If, on account of any act or omission, any person has been convicted of an offence against any of the provisions of this Act or against any rule or bye-law made thereunder and by reason of such act or omission damage has been caused to any property owned by or vesting in the municipal council, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the court before whom he was convicted of the said offence on application made to such court for the purpose by the Commissioner not later than three months from the date of conviction; and in default of payment of the amount of compensation so determined, it shall be recovered under a warrant from the said court as if it were a fine inflicted by such court on the person liable therefor. Legal proceedings. * 485. Institution of suits against municipal authorities officers and servants.- (1) No suit shall be instituted against the municipal council any municipal authority, officer or servant, or any person acting under the direction of the same in respect of any act done or purporting to be done in pursuance or execution or intended execution of this Act or any rule, bye-law, regulation or order made thereunder or in respect of any alleged neglect or default in the execution of this Act, or any rule, * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. ** Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 408 bye-law, regulation, or order made thereunder until the expiration of two months after a notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought and the name and the place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left. (2) Every such suit shall be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage during such continuance or within six months after the ceasing thereof. (3) If any person to whom any notice is given under sub-section (1), tenders the amount due to the plaintiff before the suit is instituted, and if the plaintiff does not recover in any such action more than the amount so tendered he shall not recover any costs incurred after such tender by the person to whom such notice has been given, and the defendant shall be entitled to costs as from the date of tender. (4) Where the defendant in any such suit is the Chairman, the Commissioner, or a municipal officer or servant, payment of the sum, or any part of any sum, payable by him in, or in consequence of, the suit whether in respect of costs, charges, expenses, compensation for damages or otherwise may be made, with the sanction of the council, from the municipal fund. * 486. Provision respecting institution, etc., of civil and criminal actions and obtaining of legal advice.- (1) Subject to such restrictions and control as may be prescribed, the Commissioner may --- (a) take, or withdraw from proceedings against any person who commits -- (i) any offence against this Act or the rules, bye-laws or regulations made thereunder; (ii) any offence which affects or is likely to affect any property or interest of the municipal council or the due administration of this Act; (iii) any nuisance whatsoever; (b) compound any offence against this Act or the rules, bye-laws, or regulations made thereunder which may by rules made by the Government be declared, compoundable; * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 409 (c) with the approval of the council, take, withdraw from, or compromise, proceedings for the recovery of expenses or compensation claimed to be due to the municipal council; (d) with the approval of the council, withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner; (e) with the approval of the council, defend any suit or other legal proceedings brought against the municipal council or against any municipal authority, officer or servant in respect of anything done or omitted to be done in its or his official capacity; (f) with the approval of the council, compromise any claim, suit or legal proceedings brought against the council or against any municipal authority, officer or servant in respect of anything done or omitted to be done as aforesaid; (g) with the approval of the council, institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been instituted or made in the name of the municipal council or of the Commissioner; (h) obtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the council to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or municipal officer or servant. (2) (a) Where in any case the municipal council does not accord its approval under sub-section (1) before such date as may be specified in that behalf by the Commissioner, the Commissioner may report the case to the Government. (b) The Government may, after giving the municipal council a reasonable opportunity to offer its views in the matter, make such order to give such directions as it may deem fit and such order, or directions shall be given effect to by the Commissioner and the municipal council. 410 * 487. Power of election authority to defend himself if sued.- The election authority may defend himself if sued or joined as party in any proceeding relating to the preparation or publication of electoral rolls or to the conduct of elections, as the case may be, and the expenses incurred by the election authority in so doing shall be payable from the municipal fund. * 488. Injunctions not to be granted in election or assessment proceedings.- Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding, which is being or about to be taken under this Act for the --- (a) preparation or publication of electoral rolls, (b) conduct of any election, or (c) preparation, revision or amendment of assessment books. * 489. Indemnity of the Government, Director, municipal authorities, officers and agents.- No suit shall be maintainable against the Government, the Director, any municipal Chairman, Commissioner, officer or servant or any person acting under the direction of the Director, any municipal Chairman, Commissioner, officer or servant, or of a Magistrate, in respect of anything in good faith done under this Act or any rule, bye-law, regulation or order made thereunder. * 490. Liability of Chairman, members and Commissioner for loss, waste or misapplications.- (1) (a) The Chairman, every councillor and the Commissioner shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the municipal council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct. (2) If after giving the Chairman, councillor and the Commissioner a reasonable opportunity for showing cause to the contrary, an officer authorised by the Government is satisfied that the loss, waste or misapplication of any money or other property owned by or vested in the municipal council is a direct consequence of his misconduct or gross negligence, the officer so authorised shall, by order in writing, direct such person to pay to the municipality before a fixed date the amount required to be reimbursed to it for such loss, waste or misapplication. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 411 (3) If the amount is not so paid, it shall be recovered in the manner prescribed under section 175 and credited to the fund of the municipality. (4) (a) An appeal shall lie to the District Court against the order made under sub-section (2): Provided that no such appeal shall be entertained by such court unless it is brought within one month from the receipt by the concerned person of the order of the Director and the amount claimed has been deposited by him with the Commissioner. (b) The District Court, after taking such evidence as it thinks necessary, may confirm, modify or remit such amount and make such order as to costs as it thinks proper. * 491. Sanction for prosecution of Chairman, councillor or Commissioner.- When the Chairman, any councillor or the Commissioner is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Government. * 492. Assessments, etc., not to be impeached.- (1) (a) No assessment or demand made, and no charge imposed, under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake -- (i) in respect of the name, residence, place of business or occupation of any person, or (ii) in the description of any property or thing, or (iii) in respect of the amount assessed, demanded or charged: Provided that the provisions of this Act have been in substance and effect complied with. (b) No proceedings under this Act shall be quashed or set aside by any court merely for defect in form. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 412 (2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment or collection of money made under the said authority: Provided that the provisions of this Act have been in substance and effect complied with. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, an account of any error, defect or want of form in the bill, notice, schedule, form, summon, notice of demand, warrant of distraint, inventory or other proceeding relating thereto if the provisions of this Act and of the rules and bye-laws made thereunder have been in substance and effect complied with: Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sub-stained by him. Police * 493. Duties of police officers.- (1) It shall be the duty of every police officer -- (a) to communicate without delay to the proper municipal officer concerned any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made thereunder, and (b) to assist the Chairman, the Commissioner or any municipal officer or servant reasonably demanding his aid for the lawful exercise of any power vesting in the Chairman or the Commissioner or in such municipal officer or servant under this Act, or any such rule, bye-law or regulation as aforesaid. (2) Any police officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under section 7 or under section 29 of the Police Act, 1861. (Central Act 5 of 1861). * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 413 * 494. Power of police officers to arrest persons.- (1) If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, he shall, if the name and address of such person are unknown to him and if the said person on demand declines to give his name and address, or gives a name and address which such officer has reason to believe to be false, arrest such person. (2) No person arrested under sub-section (1) shall be detained in custody --- (a) after his true name and address are ascertained, or (b) without the order of a Magistrate for any longer time not exceeding twenty-four hours from the hour of arrest, than is necessary for brining him before a Magistrate. * 495. Exercise of powers of police officer by municipal servants.- The Government may empower any municipal servant or any class of municipal servants to exercise the powers of the police officer for the purposes of this Act. Miscellaneous. * 496. Application of term “public servant” to agents and sub-agents.- Every contractor or agent for the collection of any municipal tax, fee or other sum due to the municipal council and every person employed by any such contractor or agent for the collection of such tax, fee or sum shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 5 of 1860). * 497. Prohibition against obstruction of municipal authorities, servants, and contractors.- No person shall obstruct the council, or obstruct or molest the Chairman any councillor, the Commissioner, or any person employed by the municipal council or any person with whom a contract has been entered into on behalf of the council in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of this Act or of any rule, bye-law regulation or order made thereunder. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 414 * 498. Prohibition against removal of mark.- No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or by any rule, bye-law, regulation or order made thereunder. * 499. Prohibition against removal or obliteration of notice.- No person shall, without authority in that behalf, remove, destroy, deface, or otherwise obliterate any notice exhibited by, or under the orders of, the municipal council, a standing committee or the Commissioner. * 500. Prohibition against unauthorised dealings with public place or materials.- No person shall, without authority in that behalf, remove earth, sand or other materials or deposit any matter or make any encroachment from, in or on any land vested in the municipal council, or river, estuary, canal, backwater or water-course (not being private property) or in any way obstruct the same. * 501. Delegation of powers by the Government.- (1) The Government may, by notification, authorise any person to exercise any one or more of the powers vested in it by this Act, except -- (a) the powers mentioned in Chapter II, Chapter III, Chapter V and Chapter VI; (b) the power to determine the amount of contribution under section 246; (c) the power to make rules under any of the provisions of this Act; and (d) the power to sanction prosecution under section 491. and may in like manner withdraw such authority. (2) The exercise of any powers delegated under sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 415 * 502. Revision.- (1) The Government may, in its discretion, after consulting the Director or such other authority or officer as it may deem fit, at any time either of its own motion or on application, call for and examine the record of any order passed or proceeding recorded under the provisions of this Act by any authority or officer subordinate to it, for the purpose of satisfying itself as to the legality or the propriety of such or as to the regularity of such proceeding and pass such order in reference thereto as it thinks fit. (2) The powers of the nature referred to in sub-section (1) may also be exercised by such authority or officer as may be empowered in this behalf by the Government. * 503. Offences by companies.- (1) Where an offence under this Act or under any rule or bye-law made thereunder has been committed by a company, every person who, at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in or under this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence against this Act or any rule or bye-law made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. – For the purpose of this section – (a) “company” means a body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 416 * 504. Power of Government to make suitable provisions by order when a municipality is created or altered.- (1) In this section, unless the context otherwise requires, -- (a) “existing local authority”, in relation to any local area, means the municipal council or the panchayat having jurisdiction over such area immediately before the specified day; (b) “panchayat” means a village panchayat or commune panchayat council established or deemed to be established for any panchayat village or commune panchayat under the Puducherry Village and Commune Panchayats Act, 1973; (c) “specified day” means the day from which any local area is declared to be a municipality under sub-section (1) of section 3 or the day from which a change referred to in any of the sub-clauses of clause (a) of sub-section (4) of section 3 takes effect; (d) “successor local authority”, in relation to any local area, means the municipal council or the panchayat having jurisdiction over such area from the specified day. (2) When -- (a) any local area is declared to be a municipality; (b) any local area is added to a municipality; (c) any local area is excluded from a municipality; (d) two or more municipal areas are amalgamated into one municipality; or (e) a municipality is split up into two or more municipalities, the Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely: -- * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 417 (i) in a case falling under clause (a) or clause (d), the constitution of an interim council consisting of such number of councillors appointed by the Government or of councillors elected by the members or councillors of the existing local authorities or consisting partly of such appointed councillors and partly of such elected councillors, as the Government may determine, until the successor council is in due course constituted under this Act; (ii) in a case falling under clause (b), the interim increase in the number of councillors, either by appointment of the additional councillors by the Government or by election by the members of the existing local authorities or partly by such appointment and partly by such election, as the Government may determine, until the successor councils in due course constituted under this Act; (iii) in a case falling under clause (c), the removal of the councillor, who in the opinion of the Government, represents the area excluded from the municipality; (iv) in a case falling under clause (e), the appointment of special officer or special officers to exercise the powers and to perform the duties and the functions of the successor councils, until such councils are in due course constituted under this Act; (v) the term for which the councillors appointed or elected under clause (i) or clause (ii) or the special officer appointed under clause (iv) shall hold office and the manner of holding election and filling casual vacancies; (vi) the transfer, in whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor local authorities or the Government and the terms and conditions for such transfer; (vii) the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceeding to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it; (viii) the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of service of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re-employment or termination; 418 (ix) the continuance within the area of an existing local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations, or forms made, issued, imposed or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Act; (x) the extension and commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted under this Act by, or in respect of, any existing council and in force within its area immediately before the specified day, to and in all or any of the other areas of the successor council, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms (if any) in force in such other areas immediately before the specified day until the matters so extended and brought into force are further superseded or modified under this Act; (xi) the continuance within the area of an existing local authority of all or any budget estimates, assessments, assessment lists, valuations, measurements or divisions made or authenticated by, or in respect of such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law; (xii) the removal of any difficulty which may arise on account of any change referred to in clause (a) to (e). (3) Where an order is made under this section transferring the assets, rights and liabilities of an existing local authority, then by virtue of that order, such assets, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of, the transferee. 419 (4) (a) Where an order is made under this section the Government shall, before the expiry of the term of the councillors or special officers appointed or elected under paragraph (i), (ii) or (iv) of sub-section (2) or of the council in whose case the number of councillors is reduced under paragraph (iii) of the said sub-section, take steps in accordance with section 7, for the purpose of determining the number of councillors of, and for holding election for, the new council or councils, as the case may be. (b) The councillors of the interim council or of the council in whose case there is an interim increase or reduction in their number or the special officer or special officers appointed or elected under such order as the case may be, shall, notwithstanding the expiry of the term for which they may have been appointed or elected, continue in office for the area concerned, until immediately before the first meeting of the new council or councils, as the case may be. (c) Save as otherwise provided by or under this section, the provisions of this Act shall apply to any such council, its councillors and special officers. CHAPTER – XXII REPEALS AND TRANSITORY PROVISIONS * 505. Repeal and savings.- Subject to the provisions of this Chapter, all laws in force in the Union territory corresponding to the provisions of this Act, including French Decrees, dated the 12th March, 1880, 10th May, 1882, 29th October, 1912 and 17th July, 1936 and the Puducherry Municipal Councils (Elections) Act, 1966, (1 of 1966) shall in so far as they are applicable to the municipalities specified in Schedule II, stand repealed as from the appointed day: * The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. 420 Provided that such repeal shall not affect --- (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act has not been passed. * 506. 1[(1) Special provisions regarding the term of councillors of existing council whose term is due to expire.- Notwithstanding anything contained in any law repealed under section 505 (hereinafter referred to as the repealed law) or in any other law for the time being in force, the term or extended term of office of the councillors or members of any existing council shall expire at 12 noon on such date or dates as the Government may, by notification, appoint in that behalf] 2 [(2) Notwithstanding anything contained in sub-section (1), the Government may, from time to time, by notification, extend the term of office of the councillors or members of any existing council for any period beyond 12 noon of the date appointed by notification under that sub-section but no such extension shall be made so as to have effect after the expiry of 3 [(two years and nine months) from the date so appointed]. Explanation. – In this section and in sections 507, 508 and 509, “existing council” means a municipal council (conseil municipal) specified in column 4 of Schedule II and which was functioning immediately before the appointed day. * The section 506 in the principal Act came into force on the 21st day of December, 1974 vide Extraordinary Gazette No. 158 dated 17th January 1974.