Bare ActsThe calcutta municipal corporation act, 1980

Section 208

If any advertisement is crccted

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If any advertisement is crccted. exhibited, fixed or retained in contravention of the provisions of this Act or any regulations made thereunder, t'ne Municipal Commissioner may require the owner or lhc occupier of lhe land, building, wall, hoarding, frame, posl, kiosk or structure upon or over which the same is erected, exhibited, fixed or retained u> lake down or remove such advertisement or may enter any kind, building or property and cause the advertisement to be dismantled, taken down, removed, spoiled, defaced or screened. Explanation /.—The word "structure" in this Chapter includes any movable board ou wheels used as an advertisement or advertisement medium. Explanation it.—The word "advertisement" in relation to a lax on advertisement under ibis Act shall mean any word, letter, model, sign, sky-sign, placard, nolice. device or representation, whether illuminated or not in the naiure of and employed wholly or in part for lhe purposes of advertisement, announcement or direction. 684 The Kolkata Municipal Corporation Aci, 19SO. [West Ben. Acl lax Oil LMflV Registration and numbering or cans. (Part IV—Taxalion.—CImpter XIV—Tax on advertisements other than advertisements in newspapers.—Sections 208A. 209. —Chapier XIVA.—Tax on carts' and carriages,—Sections 209A, ■ 2Q9B.) ' Kcmoval of J208A. Notwithstanding any oilier action thai may he laken against hoarding. ilie owner or Llic occupier of any land or building, upon or over which ulL' lhe re is any hoarding, frame, post, kiosk or structure for erecting anv advertisement in contravention or lhe provisions of tliis Acl or any regulations made thereunder, or the person who owns such hoarding, frame, post, kiosk or structure, the Municipal Commissioner may. lor removal and storage of such hoarding, frame, post, kiosk or structure, realise from the person who owns such hoarding, frame, post, kiosk or structure, such charges as may he fixed by the Mayor-in-Council from lime to lime. Fine tor noi 209. If any person erects, exhibits, fixes or retains any advertisement uiui'"/ laV referred to in this Chapter wiihout paying the tax due under section 204. scctiun 20-1 be shall he punished with fine which— (i) may cxLcnd Lo an am nun L equal io three times the amount payable as such tax. and (ii) shall noi ordinarily be less llian an amounl equal to one- and-a-half limes such lax. CHAPTER X1VA . Tax on carts and carriages -21>1>A. (I) A tax aulte rate mentioned in Schedule IX shall be payable lor every cart kept or used wilhin '[Kolkaia] (other than a carl owned by die State Government or the CorporaLion or a Municipality) ai lhe Municipal officc or such olhcr placc wilhin or outside J[Kolkala] as may be specified by the Corporation in this behalf. (2) On payment oT such tax half-yearly in advance the Municipal Commissioner shall issue in such form as may be specified by the Corporation by regulation a certificate of registration {logeiher wilh a certified copy) in favour or lhe owner of lhe carl. :209B. (1) Every cart kepi or used within ^Kolkaia] rcgisiered under scclion 209A shall he borne in a bonk maintained for lhe purpose showing lhe name and residence of ihe owner of lhe carl and lhe place where lhe can is ordinarily kepi and such registration shall be renewed half-yearly. Every can so registered shall have a number-plale showing lhe rcgisiralion number affixed lo it in such manner as lhe Corporation may direct. (Pan IV.—Taxation.—Chapter XIVA.—Tax on cans and carriages.—Sections 209C, 209D.) (2) An amount of rupees (en shall be payable half-yearly lo lhe Municipal office or any oilier placc of rcgislralion in respcci of each such uumber-plaic. (3) The Corporalion may spccify lhc dale or dales for ihe purpose of registration of carls for each half-year. (4) No person .shall keep or he in possession of any earl which has nol been The Kolkata Municipal Corporation Act, 198(1 685 LIX of 1980.] Fresh rcgis- irniion on transfer ol ownership. EITcci ol' nim- re^isira- Ben Al-I II of I Kfifv BLMV Act IV of 1 duly registered. (5) No person who owns or drives a can shall fail io affix Uie number-plate oflhe carl as required under suh-scelion (I). (6) The Corporalion shall, wiih the approval of the State Government, determine lhe maximum number of carts which may be registered under this Chapter. The Municipal Commissioner may refuse io register any carl alierihe maximum number of carts determined under ihis sub-section has hecn registered. '209C, When llic ownership of a carl registered under this Chapter is transferred during llic validity of registration, it shall be regislered afresh in the name oT the iransTerec and an additional-fee of rupees twenty shall be payable for such registration. '209D. (I) The Municipal Commissioner or any police-officcr within the meaning of llie :[Kolkata] and Suburban Police Act, 1866 or the :[Kolkata] Police Act, I86fi shall have power lo seize any carl kepi or used wiihin Kolkata] if the same has nol been duly regislered under this Chapter or registered under provision applicable to any other local body under any oilier law in force and io deiain the same for such period as may be determined by the Municipal Commissioner. (7) Ef wiihin a period of fifteen days from llie dale of seizure of any can under sub-scclion (/) the authorised possession of the carl is not established lo llie satisfaction of lhc Municipal Commissioner by any person on production of lhc certificate of ils registration, lhc cart shall be confiscated, dismantled and sold in public auction by lhe Municipal Commissioner and no claim for authorised possession thereof shall be entertained by llie Municipal Commissioner afier ihe expiry of such period. (3) The proceeds of sale, afier defraying such expenses as may he considered neccssaiy hy the Municipal Commissioner, shall be ercdilcd io lhe Municipal fund. The Kolkaia Municipal Corporateu Act, 1980, [West Ben. Act (Pan IV—Taxation.—Chapier XIVA.—Tax on carts and carriages.—Sections 209E, 209F) 'T[P1 J209E. (I) Any person driving or polling or pushing n cart registered utkci. under lhis Chapter shall keep with him a tickcl (bearing a passport siw photograph of Lhe driver or Llic puller) issued by lhe Municipal Commissioner which shall he valid for Lhe half-yearly period oT registration and shall contain such particulars as may he specified by lhe CorporaLion by regulation. (2) The lickei as aforesaid shall be obtained from lhe corporaiion on payment of a fee of rupees live for each half-year on submission of an application along with LWO passport size photographs of the driver or lhe puller. (3) The owner of the can shall deliver in [he driver or the puller of [he carl certified copy of lhe Cenificaic of registration issued b_v lhe Municipal Commissioner under sub-scclion (2) of scclion 209A wilh direction to can-y ihe same while using or pulling or pushing or driving the carl and io produce lhe same to any represeniative of die Municipal Commissioner or any police-officer on demand. (4) The Corporation shall, with lhe approval of lhe Stale Government, determine hy regulation lhe number of tickets to be issued lo pullers or drivers of curls in each half-year. (M The Municipal Commissioner shall maintain a register of persons authorised lo drive or pull or push carls which shall contain such particulars as may be specified by the Corporation by regulation, (6) No person shall, while driving or pulling or pushing a can, keep wiili him a lickei issued under sub-section (/) if lhe numher thereof has hceomc indistinct or obliterated nor shall lie use or keep with him a lickei issued to any other person. (7) The Municipal Commissioner shall, upon an application made by a person whose ticket has become indistinct or oblileraled or has been lost, issue a new ticket lo him on payment of a fee of rupees five. Ta\ on

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