section XIII
This schedule lays down the maximum amount of fine which may be imposed in respect of offences under the proposed legislation.
The Puducherry Municipalities Act, 1973________ 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. 2. The Bill seeks to achieve the above object. ______ Schudule – I was omitted by Act 4 of 1994, section 5, w.e.f 22.4.1994. Power to notify for the proper of sub-section (1) of section was conferred on the Government. STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 3 OF 1988 Section 158 of the Puducherry Municipalities Act, 1973 (Puducherry Act No. 9 of 1973) provides that a duty on transfer of property shall be levied in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 on every instrument of the description specified in Schedule VIII to the said Act and that the surcharge on the duty shall be levied on the amount specified in that Schedule. As per the Schedule the amount on which the duty shall be levied is the amount or value of consideration as set forth in the instrument. The surcharge on stamp duty is collected only on the face value of the document and not on the actual market value of the property, while stamp duty is collected on the market value. This results in loss of revenue to the Municipalities as there is a tendency to understate the consideration less than the market value. In order to remedy this, it is necessary to amend the VIII Schedule to the Puducherry Municipalities Act, 1973 so that the surcharge shall be levied on the market value of the property. The Bill seeks to achieve the above object. ______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 4 OF 1994 The Constitution (Seventy-fourth Amendment) Act, 1992 was passed by the Parliament. This brings amendments in the Constitution of India by inserting a separate chapter relating to Municipalities. 2. The Constitution amendment provides for clear and unambiguous relationship between the State and the Municipalities and paves way for the development of Local Bodies. 3. It is also mandatory to incorporate these amendments in the Puducherry Municipalities Act, 1973. Accordingly, the Puducherry Municipalities (Amendment) Bill, 1994 has been prepared incorporating all the provisions of the Constitutional Amendments which are necessary. 4. The Bill ensures timely elections to Local Bodies and provides for stabilisation of the finances of the Local Bodies, reservation of seats for Scheduled Castes, Women, Backward Class, reservation of Chairpersons, devolution of powers upon the Municipalities, sharing of taxes between State and Municipalities. 5. The Bill seeks to achieve the aforesaid objects. STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 3 OF 1996 At present the election of chairperson for Municipalities is by and from amongst the elected councillors. In order to get the chairperson directly elected by the voters, section 12 of the Puducherry Municipalities Act, 1973 has been substituted by new sections 12, 12-A to 12-C. Relevant provision for cessation of Office of Chairman/Vice-Chairman have also been included in section 12-C. Provisions for resignation of Chairman and Vice-Chairman have been substituted as section 97. Power of Government to remove Chairman/Vice-Chairman has also been amended and substituted as section 108 and 108-A. 2. Further, the system of allotment of reserved seats is at present, by drawal of lots. By amending sub-section (5) of section 9, this system of drawal of lots has been removed as it may give rise to certain difficult situations. A more viable measure has been provided for. 3 . The Bill seeks to achieve the above objects. _____ STATEMENT OF OBJECTS AND REASONS FOR ACT NO.9 OF 1999 Due to the advent of television exhibition, cinema theatres are becoming sick. In order to ameliorate the difficulties being faced by theatre owners, it has been decided to reduce the existing minimum rate of entertainment tax from forty-five per cent. to thirty-five per cent. Where the payment for admission inclusive of entertainment tax is more than one rupee and fifty paise. 2. Further, it order to augment the revenue of municipalities and to compensate the loss of revenue due to the proposed reduction of entertainment tax on cinematographic exhibition, it has been decided to levy entertainment tax at the rate of ten per cent of the amount collected by way of contribution or subscription or installation or connection charges or any other charges collected in any manner whatsoever, on television exhibition which has been hitherto going scout free. It is also proposed that this tax shall not be passed on to the subscribers. 3. It is, therefore, proposed to amend the Puducherry Municipalities Act, 1973 by way of a Bill to provide for levy of entertainment tax on television exhibition and for reduction of entertainment tax on cinematographic exhibition. 4. The Bill seeks to achieve the above objects. STATEMENT OF OBJECTS AND REASONS FOR ACT NO.11 OF 1999 As per the existing provisions of the Puducherry Municipalities Act, 1973, appeals against any claim for taxes and other dues have to be preferred only in the civil court. The revisional powers are also vested with the civil court. The litigation is normally time-consuming and hence causes inconvenience to the tax payers and municipalities. It has therefore been decided to constitute a Taxation Appeals Committee with the Chairman of the Municipal Council as the Chairperson of the Committee and two Councillors duly elected by the Municipal Council as Members of the Committee. In the absence of duly elected Municipal Council, the Special Officer of the Municipality shall be the Chairperson of the Committee and the Executive Engineer of Public Works Department who is in-charge of execution of building works and the Deputy Collector of the Revenue Department of the respective region shall be its members. Further, the revisional powers shall be vested with the Government. It has been further decided to exclude the jurisdiction and pending proceedings in the civil courts in respect of any suit or proceedings in the nature of claim of tax or other dues payable to municipalities. The Bill seeks to achieve the above objects. ______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO.9 OF 2001 For the purpose of preventing personation of electors in the elections to local bodies it is proposed to introduce special procedure for preventing personation of electors by use of identity cards. Technology has made very rapid strides thereby favourably affecting several fields for human activity and leading to betterment all round. It was felt that appropriate modern electronic processes should be deployed, side by side, with the existing conventional systems in the voting process. Suitable amendments were therefore made in the Representation of the People Act, 1951 in order to facilitate use of electronic voting machines. The procedure relating to use of identity cards and electronic voting machines are proposed to be introduced in the elections to local bodies also. In order to facilitate the use of identity cards and electronic voting machines in the elections to local bodies it is proposed to amend the provisions of the Puducherry Municipalities Act, 1973 by inserting new sections 64-A and 64-B and by amending section 65 for the above purpose. STATEMENT OF OBJECTS AND REASONS FOR ACT NO.9 OF 2002 At present, there are certain places in this Union territory which attract people during certain periods in the year as being places of pilgrimage/tourist resort. During these periods, the concerned Municipalities under whose jurisdiction such places of pilgrimage/tourist resort exist are hard pressed in so far as providing the requisite amenities and rendering services to meet the demands of the mass inflow of pilgrims/tourists. This apart additional staff are required during such periods for providing such amenities/rendering services as it is not possible to cater to the needs of the pilgrims/tourists with the existing staff. The Municipalities are therefore facing a financial strain during such periods. With a view to augment funds for providing better amenities and rendering services to the pilgrims/tourists and also with a view to avoid a drain on the financial resources of the Municipalities, it is proposed to levy a charge on every motor vehicle entering a place of pilgrimage/tourist resort in this Union territory as so notified as is being done in the neighbouring State of Tamil Nadu, by amending the Puducherry Municipalities Act, 1973, suitably. The Bill seeks to achieve the above objects. ______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO.10 OF 2004 Section 163 of the Puducherry Municipalities Act, 1973 provides for composition and consolidated payment of tax payable in respect of entertainment covered under section 161. It is proposed to make applicable the aforesaid provision to the entertainment tax on cable television exhibition provided under section 161A of the said Act. It is therefore proposed to amend section 163 of the Act suitably for the said purpose. Section 161 of the said Act provides for imposition of entertainment tax for admission to any entertainment at the rates the maximum and minimum whereof are specified in Schedule-V thereof. At present the minimum rate of tax has been fixed at seven twentieths (35%) on the payment of admission inclusive of the amount of entertainment tax. However, the Puducherry Cinema Exhibitors Association had been requesting this Administration to reduce the rate of tax to one-fourth (25%) so as to bring it on par with the rate prevailing in the neighbouring State of Tamil Nadu. Since it has been proposed to reduce the tax as projected above it has become necessary to amend Schedule-V of the Act and for this purpose the Puducherry Municipalities (Amendment) Bill, 2004 is proposed to be enacted. STATEMENT OF OBJECTS AND REASONS FOR ACT NO.6 OF 2005 Consequent on an assurance given on the Floor of the House, a Committee was constituted to study the problems and suggest a methodology for assessment of property tax under the Puducherry Municipalities Act, 1973. The Committee has since then submitted its recommendations in this behalf. One of the recommendations of the Committee is that the percentage of allowance for maintenance of buildings presently fixed at 10% of the computed annual rental value shall be enhanced to 15%. Sub-section (2) of section 123 provides for the deduction of 10% of that portion of such annual rent which is attributable to the buildings alone, apart from their sites and adjacent lands occupied as appurtenances thereto and the said deduction shall be in lieu of all allowances for repairs, etc. Therefore, for the purpose of enhancement of the deduction from 10% to 15%, sub-section (2) of section 123 is proposed to be amended suitably. The Bill seeks to achieve the above object. ______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 1 OF 2007 In the Puducherry Municipalities Act, 1973, 16 functions of Municipalities have been prescribed while enacting the Act, in 1973. But, in the Constitution (74th Amendment) Act, 1992, 18 subject matters, as listed in the Twelfth Schedule to the Constitution, have been prescribed as the functions of Municipalities. Article 243W of the Constitution requires the State Legislature by law to endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-governance with regard to matters listed in the Twelfth Schedule to the Constitution. The following functions/subject matters, which find place in the Twelfth Schedule to the Constitution do not find place in the Puducherry Municipalities Act, 1973.- (i) Urban planning, including town planning. (ii) Urban poverty alleviation. Further, the functions, which are already existing in the Puducherry Municipalities Act, 1973, are not in exact terms of the matters listed in the Twelfth Schedule to the Constitution but in terms of actual civic functions. Therefore, it is considered necessary to incorporate the list of 18 subject matters, listed in the Twelfth Schedule to the Constitution, in the Puducherry Municipalities Act, 1973, under a separate Schedule, namely, Schedule-XIV, in accordance with the provisions contained in the Constitution (74th Amendment) Act, 1992 and to provide for enabling the Government to entrust to a Municipality with such powers, authority, etc., as may be necessary to enable it to carryout its responsibilities conferred upon it including those in relation to the matters included in Schedule-XIV, by bringing necessary amendment to the Puducherry Municipalities Act, 1973. The Bill seeks to achieve the above objectives. ______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 1 OF 2011 The Ministry of Urban Development, Government of India has launched a Centrally Sponsored Mission/Scheme, viz., Jawaharlal Nehru National Urban Renewal Mission (JNNURM) in December, 2005 with a view to provide reforms driven, fast track and planned development in 63 identified cities in the country with a focus on efficiency in urban infrastructure/service delivery mechanism and accountability of urban local bodies to the citizens during the Mission period 20052012. 2. Puducherry is one among the 63 cities which have been identified under the said Mission for availing of financial assistance under a Sub-Mission/Scheme viz., Provision of Urban Infrastructure and Governance. Therefore, the two municipalities, viz., the Puducherry Municipality and Oulgaret Municipality are eligible to get central assistance under the said scheme. The Non-Mission Cities, namely, Karaikal, Mahe and Yanam are also eligible to avail of the Central Assistance under the Sub-Mission viz., Urban Infrastructure Development Scheme for Small and Medium Towns. 3. In order to avail of the financial assistance from the Government of India under the said Mission, a Memorandum of Agreement was signed by the Government of Puducherry with the Ministry of Urban Development on 31-12-2007 to bring in 23 reforms in urban governance within a time frame. One of the optional reforms to be brought in at the State level is to enact Public Disclosure Law with the object of publishing information on functioning of urban local bodies on a periodical basis. 4. Therefore, it is considered necessary to bring an amendment to the Puducherry Municipalities Act, 1973 to disclose the functioning of municipalities to the public so as to ensure transparency and accountability in the administration of municipalities. 5. The Bill seeks to achieve above objects. _______
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