The Madurai City Municipal Corporation Act, 1971
Chapter XVI PENALTI BS
Chapter XVI PENALTI BS
442. General provisions regarding penalties specified in the Schedule
- (1) Whoever-
- (a) contravenes any provision of any of the sections or rules of this Act specified in the first and second columns of Schedule V ; or
- (b) contravenes any rule or order made under any of the said sections or rules ; or
- (c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules, shall on conviction be punished with fine specified in the fourth column of the said Schedule.
- (2) Whoever after having been convicted of-
- (a) contravening any provision of any of the sections or rules of this Act specified in the first and second columns of Schedule VI ; or
- (b) contravening any rule or order made under any of the said sections or rules ; or
- (c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said sections or rules, continues to contravene the said provision or to neglect to comply with the said direction or requisition, as the case may be, shall, on conviction, be punished, for each day after the previous date of conviction during which he continues so to offend, with fine specified in the fourth column of the said Schedule. Explanation.-The entries in the third column of Schedules V and VI headed "Subject" are not intended as definitions of the offences described in the sections, sub-sections, clauses or rules mentioned in the first and second columns or even as abstracts of those sections, sub-sections, clauses or rules, but are inserted merely as references to the subject of the sections, sub-sections, clauses or rules, as the case may be.
Chapter XVI PENALTI BS
443. Penalty for councillor voting when not entitled
- (1) If a councillor votes in contravention of section 35 or if any person acts as a councillor knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office, he shall on conviction, be punished with fine not exceeding two hundred rupees for every such offence.
- (2) If any person acts as or exercises the functions of the Mayor or Deputy Mayor knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such function, he shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence.
Chapter XVI PENALTI BS
444. Penalty for acquisition by municipal officer of interest in contract or work
If the commissioner or any municipal officer or servant knowingly acquires, directly or indirectly, by himself or by a partner or employee or servant, any personal share or interest in any contract or employment with, by, or on behalf of the corporation, he shall be deemed to have committed the offence punishable under section 168 of the Indian Penal Code (Central Act XLV of 1860) : Provided that no person shall, by reason of being a shareholder in, or member of, any company, be held to be interested in any contract between such company and the corporation unless he is a director of such company : Provided further that nothing in this section shall apply to a teacher employed by the council, who, with the sanction of the Government is to enter into a contract with the council with regard to the utilization for the purpose of a school of any land or building owned by him or in which he has a share or interest.
Chapter XVI PENALTI BS
445. Penalty for continuing meeting in contravention of rules, etc
Any person who continues or purports to continue to hold or vote at, or takes part in a meeting of the council after it has been adjourned in accordance with the provisions of this Act or of the rules or regulations made thereunder shall be punishable with fine which may extend to five hundred rupees.
Chapter XVI PENALTI BS
446. Penalty for omission to take out licence for vehicle or animal
- (1) Every owner or person in charge of any vehicle or animal liable to tax under section 141 who omits to obtain, within fifteen days of the service of a bill on him, a licence under section 147 shall on conviction, be punished with fine not exceeding one hundred rupees and shall also pay the amount of the tax payable by him in respect of such vehicle or animal.
- (2) On payment of such fine and tax and of such costs as may be awarded, such owner or person shall receive a licence for the vehicle or animal in respect of which he has been fined and for the period during which he has been found to be in default.
- (3) The provisions of this section shall apply to any person who, having compounded for the payment of a certain sum under section 144, fails to pay such sum and the amount due for a licence, shall in such case be taken as the amount so compounded for.
Chapter XVI PENALTI BS
447. Penalty for wilfully preventing distraint
Any person who wilfully prevents distraint or sufficient distraint of property subject to distraint for any tax due from him, shall on conviction by a magistrate be liable to a fine not exceeding twice the amount of the tax found to be due.
Chapter XVI PENALTI BS
448. Penalty for unlawful buildings
If the construction or reconstruction of any building, building or well—
- (a) is commenced without the permission of the commissioner, or
- (b) is carried on or completed otherwise than in accordance with the particulars on which such permission was based, or
- (c) is carried on or completed in contravention of any lawful order or any breach of provision contained in this Act or in any rule or by-law made under it, or of any direction or requisition lawfully given or made, or if any alterations or additions required by any notice issued under section 282 or section 295 are not duly made, or if any person to whom a direction is given by the commissioner to alter or demolish a building or well under section 296 fails to obey such direction, the owner of the building or well or the said person, as the case may be; shall be liable on conviction to a fine which may extend in the case of a well or hut to one hundred rupees and in the case of any other building to one thousand rupees, and to a further fine which may extend in the case of a well or hut to twenty rupees, and in the case of any other building to two hundred rupees, for each day during which the offence is proved to have continued after the first day.
Chapter XVI PENALTI BS
449. Notice to sanitary workers before discharge
- (1) In the absence of a written contract to the contrary, every sanitary worker employed by the corporation shall be entitled to one month's notice of discharge or to one month's wages in lieu thereof, unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it.
- (2) Should any sanitary worker employed by the corporation, in the absence of a written contract authorising him so to do, and without reasonable cause, resign his employment or absent himself from his duties without giving one month's notice to the corporation, or neglect or refuse to perform his duties, or any of them, he shall be liable on conviction to a fine not exceeding fifty rupees or to imprisonment which may extend to two months.
- (3) The Government may, by notification, direct that on and from a date to be specified in the notification the provisions of sub-sections (1) and (2) with respect of sanitary workers shall apply also to any other specified class of municipal servant whose functions concern the public health or safety.
Chapter XVI PENALTI BS
450. Wrongful restraint of commissioner and his delegates
Every person who prevents the commissioner, or any person to whom the commissioner has lawfully delegated his power, from exercising his power of entering on any land or into any building shall be deemed to have committed an offence under section 341 of the Indian Penal Code (Central Act XLV of 1860).
Chapter XVI PENALTI BS
451. Penalty for not giving information or giving false information
If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information—
- (a) omits to furnish it, or
- (b) knowingly or negligently furnishes false information, such person shall, on conviction, be punished with fine not exceeding one hundred rupees.
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