Section 8

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

Annual budget allocated to each ward and such other information as may be prescribed.]. @ Inserted vide Act No. 1 of 2011 w.e.f 21.02.2011. 452 STATEMENT OF OBJECTS AND REASONS FOR ACT NO.9 OF 1973 The ex-French Decree, dated 12th March, 1880 relating to municipalities which continues to be in force provides for a unitary structure of municipal administration for the urban as well as for the rural areas with the commune forming the basic unit of local self-Government. Ever since the de jure transfer took place, the question of bringing the municipal administration in the territory at par with the administration of such similar bodies elsewhere in the country has been under the consideration of the Government. There were also number of administrative and legal difficulties in the matter of levy and recovery of municipal taxes, removal of encroachment of municipal lands and execution of various developmental schemes requiring people’s participation. In view of these considerations, it has become expedient to enact a legislation for the establishment of municipalities in this territory on the same lines as are obtaining in the rest of the country. The present Bill seeks to enact such a law. The Notes on Clauses explain the provisions contained in the Bill. NOTES ON CLAUSES Chapter I (clauses 1 and 2). – This Chapter contains provisions relating to the commencement of the contemplated Bill and the definitions. The Bill when enacted will come into force in such area on such date as the Government may notify. Provision has also been made to bring into force various provisions of the Bill on different dates as may be found expedient to Government. Chapter II (clauses 3, 4 and 5). – This Chapter deals with the constitution and abolition of municipalities. Provision has been made for empowering the Government to notify any local area to be a municipality after publishing a proclamation of its intention to do so and inviting objections from any resident or tax payer of the local area to such proposal and considering them. Chapter III (clauses 6 to 14). – This Chapter relates to Constitution or appointment of municipal authorities. Municipality with a population of more than 1.00 lakh is proposed to be declared as Selection Grade, those with a population of more than 50,000 but not more than 1.00 lakh is proposed to be declared as First Grade, those with a population of more than 10,000 but not more than 50,000 is proposed to be declared as Second Grade, and others with population of 10,000 and below are proposed to be classified as Third Grade. Each municipality will have a municipal council, a Chairman, Vice-Chairman and a Commissioner for transacting the business of the municipality. The minimum number of councillors will be 30 and the maximum number will be 36 in the selection grade municipality, 15 and 20 respectively in the case of first grade municipality, 10 and 15 respectively in the case of second grade municipality and the + Clause 7 dealing with classification of municipalities etc., has been substituted by Act 4 of 1994, section 5, w.e.f 22.4.1994. 453 number of councillors in the case of third grade municipality will be 10. Seats are also reserved for members of Scheduled Castes and the number of seats so reserved will bear the same proportion to the total number of seats of the municipal council, as the population of Scheduled Castes bears to the total population in the municipality. All the councillors of every municipality will be elected and the normal term of office of the councillors is 5 years. It is also proposed to lay down that no councillor can be elected as Chairman of the municipal council unless he has attained the age of 25 years; besides, provision has been made to the effect that the municipal council should elect a Chairman within 30 days after the ordinary election to the council or within such further time as the Government may allow and even within this period no Chairman is elected, the Government will appoint one of the member of the council as Chairman until a new Chairman is elected by the council. Chapter IV (clauses 15 to 66). – This Chapter deals with the election of councillors and other related matters. The provisions relating to election of councillors follow closely the corresponding provisions in the Puducherry Municipal Councils (Elections) Act, 1966 (Act 1 of 1966) and also reflect many changes made in the Representation of People Act, 1951 (43 of 1951) till date. Special mention may be made of the clause 48 of the Bill which provides that no election held under this Bill when enacted will be called in question except by an election petition presented to the Election Tribunal duly constituted for the purpose. It has also been provided that an appeal from an order passed by the Election Tribunal will lie to the High Court. As is the case of Assembly elections held under the Representation of People Act 1951 (43 of 1951) no civil court will have jurisdiction to question the legality of any measure taken or of any decision given by the Returning Officer or any other officer appointed under the Bill when enacted in connection with an election. Provision has also been made for prohibiting the same person being selected for more than one ward in a municipality. Provision has also been made to prepare and publish electoral roll for any municipality. Chapter V (clauses 67 to 101). – This Chapter contains provisions relating to the powers and functions of the municipal council, Chairman and councillors and Commissioner. Detailed provisions have been made with regard to the obligatory duties and discretionary functions of the municipal council. It also provides for election as well as for resignation of Chairman and Vice- Chairman of the municipal council and lays down their respective functions. The council is empowered to appoint committees for the transaction of certain types of municipal business. It also provides for the conduct of business of the meeting of the municipal council. Provision is being made for the vesting of public streets and appurtenances and vacant lands belonging to the Government in the municipal council. 454 It is proposed to provide that the power of making contract on behalf of the municipal council in respect of contract the value of which does not exceed 1,000 will rest with the Standing Committee whereas in respect of the contract the value of which exceeds Rs. 1,000 the sanction of council will be necessary. Provision has been made to make it incumbent on the part of every municipality to send an Administration Report every year with stipulations that the Government can make observations in respect of matters contained in the report and the municipal council is bound to consider them at a meeting. Provision has also been made in this Chapter to enable the Commissioner to function as Chief Executive Officer of the municipal council. Special reference may be made to the emergency powers of the Commissioner whereunder he has been given the power of ordering the execution of any work or in the alternative, stopping the doing of a particular work if either step is considered necessary in the interest of the public safety. He is also entitled to attend the meeting of the municipal council though he is debarred from voting at it. The powers of the Commissioner include powers to incur petty contingent expenditure, exercise complete control over the officers and servants of the municipal council. Chapter VI (clauses 102 to 110). – This Chapter deals with the controlling authorities and powers. Provisions has been made for the appointment of a Director of municipal administration and such number of supervisory officers as may be necessary for inspecting and superintending the operations of the municipal council so that the Government would be in a position to have a close watch over the activities of the municipal council and to intervene effectively when the municipal affairs are mismanaged. Sufficient powers have been given to the Director so that he can discharge the functions properly. It is proposed to provide that the power of the Government to cancel resolutions, permissions etc., of the municipal council is relatable in respect of contravention or violation not only of the municipal law but also of any other enactments or any rule, notification, regulation, or bye-law made or issued under such other enactment, which is considered by the Government to be otherwise undesirable. Provision has also been made to empower the Government to remove the Chairman or Vice-Chairman of a municipal council who wilfully omits or refuses to carry out the provisions of the law or abuses powers vested in him and to empower the Government to dissolve or supersede a municipal council for a period not exceeding one year in certain extraordinary circumstances. Chapter VII (clauses 111 to 117). – This Chapter contains provisions relating to municipal establishment. 455 It is proposed to provide that the appointment of municipal health officer and municipal engineer should be made by Government themselves without reference to the municipal council and that the Government will be competent to regulate the method of recruitment and conditions of service of the above mentioned officers. In regard to other categories of municipal officers and servants, while the council is competent to create such posts of officers and servants for efficient execution of its duties with prior Government sanction, the Government have retained the power to make rules to regulate the qualifications, pay, allowances, discipline, conduct, other conditions of service, method of recruitment, and authority competent to appoint such officers and servants of municipal councils. Provision has also been made for the provincialisation of any class of municipal officers and servants as well as for the transfer of officers and servants of a municipality to the service of any other municipality, etc. Chapter VIII (clauses 118 to 192). – This Chapter enumerates the various compulsory taxes and optional taxes that a municipal council could levy and the nature of the taxes. The compulsory taxes are property tax, profession tax, tax on advertisement other than advertisement published in the newspapers, duties on certain transfer of immovable properties in shape of additional stamp duty and tax on entertainments. The optional taxes are duty on toddy trees in the form of additional excise duty on toddy trees, tax on buildings and lands used for certain specified trades and industries, toll on animals and vehicles, any other tax which the Legislature of the Union territory has power to impose. Procedure for levy of these taxes is also provided for in this Chapter. In pursuance of the recommendations made by Zakaria Committee on the augmentation of finances of urban local bodies which have been accepted by the Central Council of Local Self Government, provision has been made to appoint by Government valuation officers for assessment of annual value of lands and buildings subject to the levy of property tax and to require each municipal council to pay to Government such sum out of its revenue for the services rendered by such valuation officers as the Government may by order determine. It is proposed to provide that the property tax assessed upon any premises will be primarily leviable from the lessor if the premises are let and from superior lessor if the premises are sub-let, from the persons in whom the right to let the premises vest, if they are unlet, from the person in possession of the premises if they are not let out to him. Provision has also been made for apportionment of responsibility for property tax when the premises assessed are let or sub-let between the occupier, tenants, and owners, as the case may be. Provision has also been made in this Chapter enabling the Commissioner to call upon heads of office and other employers to deduct the profession tax from the salary or wages payable to persons employed by them and pay it over to the council. 456 In order to augment the financial resources of the municipality, it is proposed to levy a tax on buildings and lands used for certain specified trades and industries. This levy will be in addition to the property tax and the licence fees in respect of those industries and trades. As a sequel to the recommendation of Zakaria Committee on augmentation of financial resources of local bodies and in keeping with the scheme of distribution of taxing powers between local bodies and Government as is obtaining in Tamil Nadu, and elsewhere in the country, it is proposed to empower the municipal councils to levy entertainments tax and show tax at rates the maxima and minima whereof are specified by Government. Provision has also been made for the recovery of taxes, fees, cesses and other dues on the analogy of the recovery procedure contained in the Puducherry Revenue Recovery Act, 1970 (No.14 of 1970). In order to secure prompt payment of taxes, it is proposed to provide for the levy of interest by Commissioner, if the tax is not paid within 15 days from the date on which the tax is due subject, however, to the condition that the maximum rate of interest does not exceed 10 per cent per annum. Provision has been made in this Chapter enabling any person to appeal against any claim for taxes or other dues duly made before such authority as may be prescribed. Chapter IX (clauses 193 to 215). – This Chapter deals with the constitution of municipal fund, authorised objects of expenditure, budget and appointment of auditors of accounts and their powers. Provision has been made in this Chapter enabling the Government to contribute to the funds of any municipality by way of such grant and subject to such terms and conditions for the various purposes mentioned therein. Chapter X (clauses 216 to 244). – This Chapter contains provisions relating to water supply, lighting and drainage. Provision has also been made empowering the Commissioner to insist upon construction of flushout latrines or ordinary latrines a he may choose, in buildings, factories, markets. Chapter XI (clauses 245 to 251). – This Chapter deals with scavenging to be done by the municipality. Chapter XII (clauses 252 to 284). – This Chapter contains provision relating to streets in the municipality. Provision has been made empowering the council to declare any street or part thereof as a public street. Provision is also being made to the effect that the prior approval of the prescribed authority is necessary while streets are named or numbered by the municipal council. Chapter XIII (clauses 285 to 316). – This Chapter deals with the building regulations. Chapter XIV (clauses 317 to 342). – This Chapter deals with nuisances. It empowers the Commissioner to remove public nuisance and to take such measures as are necessary for the promotion of public safety. 457 Chapter XV (clauses 343 to 404). – This Chapter deals with the licenses and fees. Detailed provisions have been made empowering the council or Commissioner to control places of public resorts and entertainments, trades, industries and factories, slaughter-houses, milk trade, markets, etc., cart-stands, porters and to regulate inspection of places for sale, disposal of the dead. Particular mention may be made of the provisions that no person shall be buried or burnt except on the production of burial or cremation permits by such prescribed authority in consonance with the practice followed since the days of French regime. Chapter XVI (clauses 405 to 413). – This Chapter empowers the municipal council to establish cattle pounds in supersession of the Cattle Trespass Act, 1871 (Central Act 1 of 1871). Chapter XVII (clauses 414 to 423). – This Chapter deals with the eviction of persons, who will be in unauthorised occupation of municipal premises. The proposed provisions are modelled on the corresponding provisions in the Public Premises Eviction of Unauthorised Occupants Act, 1958 (Central Act 32 of 1958). Chapter XVIII (clauses 424 to 439). – This Chapter deals with the prevention of disease. Chapter XIX (clauses 440 to 448). – This Chapter contains provisions relating to subsidiary legislation namely, rules, bye-laws, and regulations. The delegation of legislative power is of normal character only. Chapter XX (clauses 449 to 456). – This Chapter lays down the various penalties which could be imposed for contravention of the provisions of this Bill when enacted and the rules proposed to be made thereunder. Chapter XXI (clauses 457 to 504). – This Chapter deals with the provisions relating to the procedure and other related matters. Provision has been made to the effect that in case where the municipal council does not accord its approval for the institution of any suit or legal proceedings, the Commissioner may report the case to the Government who will make such necessary order after giving the municipal council a reasonable opportunity to offer its views in the matter. Provision has also been made in this Chapter to confer power on the Government to revise the order or proceedings recorded under the provision of this legislation by certain authorities or officers. Provision is being made in the legislation conferring power on the Government to make suitable provisions by order, when a municipality is created or altered. Chapter XXII (clauses 505 to 513). – This Chapter deals with repeals and transitory provisions. Provisions have been made for smooth change over from the present system of local self-Government. Provision has been made in the legislation conferring power on the Government to pass orders for removing any difficulty which may arise in giving effect to the provisions of the Bill when enacted. Provision has also been made empowering the Government to exempt any municipality from the operation of any of the provisions of the Bill when enacted. 458 + Schedule I .. This schedule contains the table showing number of councillors and class of municipal councils. Schedule II .. This schedule contains names of the successor municipal councils in respect of existing municipal councils. Schedule III .. This schedule enumerates the purpose for which the uses of any building or land render such building or land liable to additional tax under clause 118 and also lists out the purpose for which the places may not be used without a licence. Schedule IV .. This schedule prescribes the maximum rates at which profession tax is leviable. Schedule V .. Maxima and minima rates of show tax are prescribed in this schedule. Schedule VI .. Maxima and minima rates of show tax are prescribed in this schedule. Schedule VII .. Maxima rates of tax on advertisements other than advertisements published in newspapers are prescribed in this schedule. Schedule VIII .. This schedule lists out the various types of instruments subject to the levy of duty on transfer of immovable property. Schedule IX .. This schedule contains the maxima rates of surcharge on duty on toddy trees. Schedule X .. This schedule contains form of distraint warrant. Schedule XI .. This schedule contains form of inventory and notice. Schedule XII .. This schedule contains table of fees payable on distraint. Schedule XIII .. This schedule lays down the maximum amount of fine which may be imposed in respect of offences under the proposed legislation. ________ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 15 OF 1981 The Government have recently taken a policy decision to reserve not exceeding twenty per cent of the seats for the Scheduled Castes of which one-fourth of seats for women members of the Scheduled Castes, and not exceeding fifteen per cent of seats for women in the election to Municipal Councils. It has therefore been proposed to amend section 9 of the Puducherry Municipalities Act, 1973.