Vidhi Codex

section 1

Short title, extent and commencement

The Puducherry Municipalities Act, 1973
Infrastructure1973318 of 312 sections available1 chapters
Read full ActSections
Statutory text

(1) This Act may be called the Puducherry Municipalities Act, 1973.

  1. (2) It extends to the whole of the Union territory of Puducherry.
  2. (3) It shall come into force on such +date as the Government may, by notification, appoint: Provided that different dates may be appointed for different provisions of this Act or for different areas, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. *2. Definitions.-- In this Act, unless the context, otherwise requires, --- 1[(1) “Administrator” means the Administrator of the Union territory of Puducherry appointed by the President of India under article 239 of the Constitution.] 2(1-A) “appoint” includes to appoint temporarily or in an officiating capacity; 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 26th day of January 1974 vide Extraordinary Gazette No.11 dated 17th January 1974.
  3. (2) “appointed day” in relation to an area means the date on which the relevant provisions of this Act come into force in that area;
  4. (3) “appointment” includes temporary and officiating appointments;
  5. (4) “Assembly” means the Legislative Assembly of the Union territory of Puducherry;
  6. (5) “building” includes ---
    • (a) a house, out-house, stable, shop, hut, latrine, godown, shed, wall (other than a boundary wall not exceeding two and a half metres in height) and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;
    • (b) a structure on wheels or simply resting on the ground without foundations; and
    • (c) a ship, vessel boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods;
  7. (6) “building-line” means a line which is in rear of the street-alignment and to which the main wall of a building abutting on a street may lawfully extend and beyond which no portion of the building may extend except as prescribed in the rules or bye-laws;
  8. (7) “carriage” means any wheeled vehicle with springs or other appliances acting as springs and includes and kind of bi-cycle, tricycle, rickshaw and palanquin, but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939 (Central Act 4 of 1939).
  9. (8) “cart” includes any wheeled vehicles which is not a carriage but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939 (Central Act 4 of 1939);
  10. (9) “casual vacancy” means a vacancy occurring otherwise than by efflux of time and “casual election” means an election held on the occurrence of a casual vacancy; 1[(9-A) “Chairman” and “Vice-Chairman” shall respectively mean, the “Chairperson” and “Vice-chairperson” of a Municipal Council;]
  11. (10) “Commissioner” means the Commissioner of a municipality appointed under section 14;
  12. (11) “commune” means the commune constituted under the French Decree dated 12th March, 1880;
  13. (12) “company” means any company as defined in the Companies Act, 1956 (Central Act 1 of 1956), and includes ---
    • (a) any foreign company within the meaning of section 591 of that Act;
    • (b) any co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force; and
    • (c) any body corporate, or any firm or association carrying on business in the Union territory whether incorporated or not and whether its principal place of business is situated in the Union territory or not;
  14. (13) “council” or “Municipal council” means a municipal council constituted under section 7;
  15. (14) “dairy” includes-
    • (a) any farm, cattle-shed, milk store, milk shop, or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd, butter-milk or dried, sterilized or condensed milk and;
    • (b) In relation to a dairyman who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk, but does not include-
      • (i) a shop or place in which milk is sold for consumption on the premises only; or
      • (ii) a shop or place from which milk is sold or supplied for sale in airtight and hermetically sealed and unopened receptacles in the same original condition in which it was first received in such shop or place;
  16. (15) “dairyman” includes any occupier of dairy, any cow-keeper who trades in milk, or any seller of milk whether wholesale or by retail;
  17. (16) “dairy produce” includes milk, butter, ghee, cheese, cream, curd, butter-milk and any other product of milk;
  18. (17) “Director” means the Director appointed under sub-section (1) of section 106; 1[(18) “Election Authority or Election Commission” means the Commission consisting of the Election Commissioner appointed by the Administrator and referred to in section 15-A;]
  19. (19) “filth” includes.-
    • (a) night soil and other contents of latrines, cess-pools and drains;
    • (b) dung and refuse or unless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and
    • (c) putrid and putrefying substances;
  20. (20) “food” means any article used as food or drink for human consumption other than drugs and water and includes---
    • (a) any article which ordinarily enters into, in or is used in the composition or preparation of human food; and
    • (b) any flavoring matter or condiments;
  21. (21) “Government” means the Government of Puducherry;
  22. (22) “hut” means any building which is constructed principally of wood, mud, leaves, grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made, which the council may declare to be a hut for the purpose of this Act;
  23. (23) “latrine” means a place set apart from defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal;
  24. (24) “local authority” means a municipality or village panchayat or commune panchayat council, as the case may be, constituted under any law for the time being in force in the Union territory;
  25. (25) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish, fruit, vegetables, drinks, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person;
  26. (26) “milk” means the milk of a cow, buffalo, goat, ass or other animals and includes cream, skimmed milk, separated milk and condensed, sterilized or desiccated milk or any other produce of milk; 1[(26-A) “Municipal area” means any local area declared to be a municipality under section 3;]
  27. (27) municipal office” means the principal office of any municipal council;
  28. (28) “notification” means a notification published in the Official Gazette;
  29. (29) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity, or persons who may have occasion to use any public right;
  30. (30) “occupier” includes-
    • (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
    • (b) an owner living in or otherwise using his land or building;
    • (c) a rent-fee tenant;
    • (d) a licensee in occupation of any land or building; and
    • (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
  31. (31) “ordinary vacancy” means a vacancy occurring by efflux of time and “ordinary election” means an election held on the occurrence of an ordinary vacancy;
  32. (32) “owner“ includes-
    • (a) the person for the time being receiving or entitled to receive whether on his own account or on behalf of another person as agent, trustee, guardian, manager or receiver or for any religious or charitable purpose the rent or profits of the property in connection with which the word is used; and
    • (b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;
  33. (33) “palanquin” includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick persons; 1 [ (33-A) “Panchayat” means a Panchayat constituted under the Puducherry Village and Commune Panchayats Act, 1973 (Act No. 10 of 1973);] [(33-AA) "Place of pilgrimage" means any place being a place of religious worship as may be specified by the Government by notification in the Official Gazette;] 1[ (33-B) “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published;]
  34. (34) “prescribed” means prescribed by rules made under this Act;
  35. (35) “private street” means any street, road, square, court, alley, passage or riding-path, which is not a “public street”, but does not include a path-way made by the owner of premises on his own land to secure access to or the convenient use of, such premises;
  36. (36) “public street” means any street, road, square, court, alley, passage or riding-path over which the public have a right of way, whether a thoroughfare or not, and includes ---
    • (a) the roadway over any public bridge or causeway; Inserted by Act 9 of 2002 w.e.f 16.05.02
    • (b) the footway attached to any such street, public bridge or causeway;
    • (c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Central Government or any State Government; and
    • (d) any street which under the provisions of this Act, becomes or is declared a public street;
  37. (37) “public water-courses, springs, wells and tanks’ include those used by the public to such an extent as to give a prescriptive right to such use;
  38. (38) “reconstruction” of a building includes ---
    • (a) the re-erection wholly or partially of a building after more than one-half of its cubical contents has been taken down or burnt down, or has fallen down whether at one time or not;
    • (b) the re-erection wholly or partially of any building of which an outer wall has been taken down or burnt down or has fallen down to or within three metres of the ground adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down as to leave only the frame work of the lowest storey;
    • (c) the conversion into a dwelling-house or a place of public worship of any building not originally constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only or the conversion of a dwelling-house into a factory;
    • (d) the re-conversion into a dwelling-house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling-house or a place of public worship or a factory as the case may be;
  39. (39) “registration officer” means the Electoral Registration Officer appointed by the 1 [Election Commission] by notification;
  40. (40) “residence” --- “reside” --- a person is deemed to have his “residence” or to “reside” in any house if he sometimes uses any portion thereof as a sleeping apartment and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;
  41. (41) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and any other refuse which is not ‘filth’;
  42. (42) “salary” means pay and acting pay or payment by way of commission and includes exchange compensation allowances, but not allowances for house-rent, carriage-hire or travelling expenses;
  43. (43) “scavenger” means a person employed in collecting or removing rubbish or filth or in cleansing drains, latrines or slaughter-house or in driving carts used for the removal of rubbish or filth;
  44. (44) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the Union territory under article 341 of the Constitution;
  45. (45) “Street-alignment” means a line dividing the lands comprised in and forming part of a street from the adjoining land; 2 [(45-A) "tourist resort" means any place of tourist attraction as may be specified by the Government by notification in the Official Gazette;]
  46. (46) “Union territory” means the Union territory of Puducherry;
  47. (47) “Water-course” includes any river, stream or channel weather natural or artificial;
  48. (48) “Water-connection” includes ----
    • (a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with a water-main or pipe belonging to the council; and
    • (b) the water-pipe connecting such tank, cistern, hydrant, standpipe, meter or tap with such water-main or pipe;
  49. (49) “water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, main-pipe, culvert, engine, water truck, hydrant, stand-pipe, conduit, and machinery, land, building or thing for supplying or used for supplying water or for protecting sources of water supply;
  50. (50) “year” means the financial year. CHAPTER – II Constitution and abolition of Municipalities *3. Constitution of municipalities.- (1) The 1 [Administrator] may, after making such inquiry as he deems fit, by notification, declare any local area to be a Municipality.
  51. (2) Every notification issued under sub-section (1) shall define the limits of the Municipality to which it relates.
  52. (3) Before the publication of a notification under sub-section (1), 1 [The Administrator] shall cause to be published in the Official Gazette and also in at least one newspaper having circulation in the area to be specified in the notification, a proclamation announcing the intention of the 1 [Administrator] to issue such notification and inviting any resident or tax payer of a local area in respect of which any such proclamation has been published who desires to object to anything thereon contained to submit the same in writing with the reasons therefor to the 1 [Administrator] within two months from the publication of the proclamation in the Official gazette and the 1 [Administrator] shall take all such objections into consideration.
  53. (4) (a) The 1 [Administrator] may, by notification,---
    • (i) alter the limits of a municipality so as to include therein any local area in the vicinity thereof or to exclude therefrom any local area comprised therein, as may be specified in the notification;
    • (ii) amalgamate two or more municipalities so as to form one municipality;
    • (iii) split up any municipality into two or more municipalities: The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974. Provided that no notification under this sub-section shall be issued without previously intimating in writing to the municipal council or councils and other local authority concerned the grounds upon which such proposal is made and considering the explanations and objections, if any, which may be made within a reasonable period to be fixed by the 1 [Administrator.].
    • (b) Prior to the publication of a notification under this sub-section, the procedure prescribed in sub-section (3) shall be followed.
  54. (5) Where any local area which is within the jurisdiction of any other local authority is constituted as or included in a municipality, the 1 [Administrator] may pass such orders as he may deem fit as to the transfer to the council of such municipality or disposal otherwise, of the assets or institutions of any such local authority in the local area and as to the discharge of the liabilities, if any, of such local authority relating to such assets or institutions.
  55. (6) Where any local area is excluded from a municipality and included within the jurisdiction of any local authority, the 1 [Administrator] may pass such orders as he may deem fit, as to the transfer to such local authority or disposal otherwise, of the assets or institutions of such municipality in the local area and as to the discharge of the liabilities, if any, of such municipality relating to such assets or institutions. *4. Townships._ (1) The Government may, by notification, declare any municipality or any specified area therein to be a township if it is an industrial labour or institutional colony or a health resort.
  56. (2) In regard to any municipality or any area declared to be a township under sub-section (1), the Government shall, by notification, constitute a township committee.
  57. (3) The notification issued by the Government under sub-section (2) may direct that any functions vested in a municipal council by or under this Act shall be transferred to and performed by the township committee and shall provide for- The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974.
    • (i) the total number of members of the township committee;
    • (ii) the persons who shall be members of the township committee or the manner in which they shall be chosen;
    • (iii) the person who shall be the Chairman of the township committee or the manner in which he shall be elected or appointed;
    • (iv) the term of office of members and the Chairman;
    • (v) the restrictions and conditions subject to which the township committee may perform its function; and
    • (vi) the procedure to be followed by the township committee.
  58. (4) The Government may, by notification, direct that any of the provisions of this Act or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the Union territory, but not in the municipality or specified area therein referred to in sub-section (1) shall apply to that municipality or area to such extent and subject to such modifications, additions and restrictions as may be specified in the notification. Explanation.- In this section, the term “industrial labour or institutional colony” means any area wherein the majority of the inhabitants are engaged in any industry or are workmen or are connected with any institutions in the area in any manner whatsoever. *5. Abolition of municipalities. --- (1) The 1 [Administrator] may, by notification, abolish any municipality to which this Act applies: Provided that ----
    • (a) the 1 [Administrator] shall, before he issues such notification, communicate to the municipal council the grounds on which the 1 [Administrator] proposes to do so, fix a reasonable period for the municipal council to show cause against the proposal and consider the explanations and objections, if any;
    • (b) the notification shall contain a statement of the reasons for abolishing the municipality. The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974.
  59. (2) From such date as may be specified in such notification.-
    • (a) the provisions of this Act, and all notifications, rules, bye-laws, regulations, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the municipality;
    • (b) the balance of the municipal fund and all other property vested in the municipal council and all its liabilities shall stand transferred to the Government or to such local or other authority or to such officer or other person as the 1 [Administrator] may, by order, direct;
    • (c) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the municipality may be continued or instituted by or against the Government or such local or other authority or such officer or other person aforesaid. CHAPTER – III Constitution or appointment of Municipal Authorities *6. The municipal authorities.- The municipal authorities charged with carrying out the provisions of this Act are.-
    • (a) a council;
    • (b) a Chairman; and
    • (c) a Commissioner.
    • (a) Council *7. Constitution of municipal council. – (1) There shall be constituted for every municipality a municipal council having authority over the municipality and consisting of such number of councillors as may be notified by the Government 2 [omitted]: Provided that when any municipal area is altered when an existing council which was functioning immediately before the appointed day is deemed to have been succeeded by the municipal council, the umber of councillors for each of the municipal councils shall be such as may be determined by the Government by order notified in the Official Gazette. 3[ (2) A municipal council shall consist of.- The section came into force on the 26th day of January 1974 vide Extraordinary Gazette No.11, dated 17th January 1974.
    • (a) persons chosen by direct election from the territorial constituencies in the municipality and for this purpose each municipality shall be divided into territorial constituencies to be known as wards;
    • (b) two persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration to be nominated by the Government;
    • (c) the member of the House of the People and the members of the Legislative Assembly of the Union territory representing constituencies which comprise wholly or partly the municipality; and
    • (d) the member of the Council of States who is registered as an elector within a municipality: Provided that the persons referred to in clause (b) shall not have the right to vote in the meetings of the municipal council.].

1 Inserted by Act 4 of 1994, section 2, with effect from 23-4-1994.

2 Renumbered by Act 4 of 1994, section 2, with effect from 23-4-1994.

1 Inserted by Act 4 of 1994, section 2, with effect from 23-4-1994.

1 Substituted by Act 4 of 1994, section 2, with effect from 23-4-1994.

1 Inserted by Act 4 of 1994, section 2, with effect from 23-4-1994.

1 Inserted by Act 4 of 1994, section 2 with effect from 23-4-1994.

1 Substituted by Act 4 of 1994, section 2 with effect from 23-4-1994.

2 Inserted by Act No. 9 of 2002, w.e.f 16.05.2002.

1 Substituted by Act 4 of 1994, section 3, with effect from 23-4-1994.

1 Substituted by Act 4 of 1994, section 3, with effect from 23-4-1994.

1 Substituted by Act 4 of 1994, section 5, with effect from 23-4-1994.

2 Omitted by Act 4 of 1994, section 5, with effect from 23-4-1994. 1 & 3. Substituted by Act 4 of 1994, section 5, with effect from 23-4-1994.

Study data processing for this section.

Some statutory text is still being prepared for this language version.

PDF: pending for this language.