Latest update May 13th, 2024 12:59 AM
Jul 16, 2016 News
The recently imposed $25,000 container tax by the Georgetown Mayor and City Council, (M&CC) was at the centre of a legal battle. In the end the matter was withdrawn from the court, yesterday.
According to Attorney-at –Law, Sase Gunraj, the case presented before Magistrate Annette Singh involved a few local businesses who were taken to court by the M&CC for refusing to pay the newly imposed $25,000 container tax.
During his appearance at the Georgetown Magistrates’ Court, Gunraj argued that the charge was bad in law and that the wrong entities were before the court.
According to Gunraj, after careful review of the matter, Magistrate Singh upheld the preliminary legal points which he made and directed the Prosecution, represented by a member of the city constabulary to withdraw the charges or she would dismiss them.
The lawyer had initially advised the Private Sector Commission (PSC), which represents a cross-section of businesses in the country against the decision of the Municipality to impose the $25,000.
Gunraj had said the decision by M&CC for the fee is arbitrary and unlawful, as it was made based on the wrong section of the Municipal and District Councils Act in the first place. He noted in the correspondence that according to Section 20 of the Municipal and District Councils Act, Chapter 28:01, “All goods or livestock taken from any vessel laying alongside of any market stelling and landing at any other or place within the city shall pay market fees, if they have not been already paid at the entry of the vessel: and any other refusing to pay the fees for goods or livestock so landed shall be liable on summary conviction to a fine of five thousand dollars.”
Gunraj contended that this actually corresponds with Section 21 of the City (Markets) By-Laws appended to the act adding that the same by-laws have absolutely no application to the landing of vessels at private wharves, as they are not connected with markets of any kind.
The M&CC on Monday announced that the Council took a unanimous decision to implement a $25,000 fee for the operation of storage containers within the city.
Following the Court hearing yesterday, the Council sought to reaffirm its position on the tax issue.
The council said the public is hereby advised that pursuant to Sections 274, 276 (c) and 302 (35) of the Municipal and District Councils Act, Chapter 28:01, the Mayor and City Council of Georgetown has power to levy a fee on all persons transporting and discharging containers on council roads within the City of Georgetown.
“Further, the Council intends to strictly apply By Law 6 of the City By Laws regarding the traversing of vehicles with weight laden or unladen exceeding three tons on the roads specified in the said By-Law; namely High Street extending from Lamaha Street to Young Street, Main Street extending from Church Street to Lamaha Street and Brickdam extending from Avenue of the Republic to Vlissengen Road.”
According to the statement certain other roads which will be notified by the Town Clerk pursuant to By Law 6 (d) of the City By Laws.
Also, the Mayor and City Council is examining other streets, in the City, which were not constructed to manage the weight of single axle, heavy duty vehicles. The general public will be notified of those streets very shortly.
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