section 467
Such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.
The Puducherry Municipalities Act, 1973Infrastructure1973318 of 312 sections available1 chapters
Chapter IX FINANCE
Statutory text
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. 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. 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.
- (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.
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