Tamil Nadu District Municipalities Act, 1920
Tamil Nadu District Municipalities Act, 1920
Tamil Nadu District Municipalities Act, 1920
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ACT, 1920.
TABLE
OF CONTENTS.
PREAMBLE.
PART I.
I-PRE~IMINARY.
CHAPTER
S'BCTIONS.
li Title and extetlt.
2. Repeal of enactments.
3. Definitions.
CHAPTER 111.-CONSTITUTIONOp M ~ C ~ P AA ~L T H ~ ~ ~ T I ~ ~
Auitzorii ies.
6. The tnunicipal auihorities and their incorporation.
7. Constitution of council.
8. Term of councillors and filling up of seats.
9. Procedure when no councillor is electsd.
10. (Omitted,)
11. (Omitted.)
12. The chairn~a~l
aild vice-chairman of the municipality.
- f i .
~
The council.
G&
19. Functions of the ~ o u i l ~ i i .
a
b ,
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!.is 20. Duties and powers of i lidi+fllc?l ~*~ILIIC~~~OTS.
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21. Council's power to call for records.
22. Obligation of tho executive author;ty to carry out councj19s
~ resolutions.
23. Appointment of (:ommittees.
$p *!
,
+- 27. Notification of election.
28. Presidency of council.
29. (omitted.)
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Atb~zirlistration report.
3 8 - ~ Colltrol
, over mtulicipal electrical undertakings.
t ' s to undertake works for, or
39. State ~ ~ v ~ r n r n e npower
take &ion in default of, s municipality.
40. State Government to remove chairman or vice-chair-
~ o - A Motion
, of no-confidence in chairman or vice-df"im
41. State ~ ~ ~ v e r n m e npower
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t ' s to dissolve or supersede wun- ., tl
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' 51. Decision of questions of disqualification of councillors by
district judge.
Election offences.
52. to 55. (Omitted.)
56. Infringement of secrecy of election.
56-A.Minimum penalty for personation at an election.
56-B,Promoting enmity between classes in connection with
a'.
cc. election.
2 2 %
84,' '
56-C. Prohibition of pllblic meetings on the day preceding the
X; .
d&. election day and on the election day.
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56-D.Disturbances at election meetings.
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R. 56-E.Restrictions on :he printing of pamphlets, sfels etc
Y
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regard to requisitioning.
~ o - H .Penalty for uon~ravention of any order regarding
equisitioning.
a
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CHAPTERV.-POWERS OF MUNICIPAL
AUTHORITIES
IN RE
COPTTRACTS
OF PROPERTY, AND ESTABLISHMENT.
Contracts.
68. Delegation of authority to contract and contractual powers
of persons appointed by Government.
68-A. Rules regarding the conditions on which contracts may
be made.
69. Mode of executing contracts,
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'2 70. Establishment of n~~nicipal
council.
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.
72. Filling up of the appointment of health officer, engineer
2:-
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or electrical engineer.
-
73. Filling up of appcilltrnents 0the.r than those specified i
sections 12-C and 7 2 ,
6
. ., . - *-"
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4 i
PART 111.
Via-TAXATION .IND FINANCE.
CHAPTER :g,.
. ;-.>A
78. Enumeration of ordinary taxes and powers of control of'?:!
State @overnmerAt. .Z
?"
Tax on ca~~rfugco
0.d ~nimals.
93. General provis'ons regarding tax on carriages and animals.
99. Liability to tax according to perjod for which carriage or
animal has bee11 kept.
9.
4 I,,
100. Exemptions.
I!
a 101. Composition.
102. Forms to be sent to an.d returned by tax-payer:;.
1
Is
:4
Taxes leviable under sections 98 and 105.
3 I
TUX012 s ~ I * ~ u n t s ,
108. General y revisions regarding servants' tax.
109. Power tocall for lists of servants.
il
7
115. (Omitted.)
6 ..
Pilgrim tax. I
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.
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I 4.
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Generalprovisions regarding tn-wtion arzdjirzance. i
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Supply for domestic use.
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ks 130.
129. Council to provide water for domestic use.
Control over house-connexions.
-..a
* 1
-+. 131. Private water-supply for consumption and domestic u
and powers of executive authority to enforce provi
of water-supply.
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1
pt
,
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3
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136. Provision for lighting public streets.
Public drainage. I
Private drainage.
138. Control over house-drains, pivies and cess-pools.
139. Connexion of house-drains wit1I public drains.
140. Executive authority may closmor limit the ube of existing .
private dra;lLs. ." i .I
nation. ? p2$ ,
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SECTIONS.
142. Building, etc., not to be erected without permission over
drains.
143. Constructioi~ )f culverts or drain-coverings by owner or
occupier.
144. Maintenance of lro~lghsand pipes for catching water.
Public latrines.
145. Provision cf public latrines aod urinals.
Private latrines.
1 4 . Provision of latrines by owner or occupier.
147. Provision of latrines for labourers.
148. Provision of latrines for markets, cart-stands, cattlasheds,
choultry, etc.
149. Latrines to be screened from vtew ant1 kept clean.
~ECTIONS.
159. Prohibition agaii~s t aallow h g outflow of Blt h.
160. Prohibitioll against using any cart without cover in the
removal of filth, etc.
161. Prohibitioll agaiinst throwing rubbish or filth inFo drains.
Public streets.
162. Maintenance and repair of streets.
163. Powers of municipal authorities.
164. Power to dispose of permanently closed streets.
165. Acquisition of land and buildings for improvement of
streets.
166. Power to prescribe building line and street alignment.
167. Buildings not to be constructed within street alignment or
building line.
168. Setting back projecting buildings or walls.
169. Setting buildings forward to improve line of street.
170. Projected streets.
171. Watering of streets.
172. Temporary closure of streets.
173. Protection of appurtenances arid inaterials of streets.
174. Power of munjcipality to recover expenses caused by extra-
ordinary traffic.
1
174-A. (Omitted.)
Private streets. -.
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as building-sites. Ee -a.
,if;.
176. Making of new private streets.
J71. Altel-ation or delllolition of street inadc in breach of see-
tion 176,
478. Power of executive authority to order wo; I - to be carried out
or to carry it out llimself in dehuit.
179. Right of owners to require street to be declared pubtic,
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EnrroacI~n~entOIZ streets.
180. Prohibition agai:lst obstructioils in or over streets.
180-A. Public strcetti ope11 to all.
18 1. P-nhibitio 11 and r*cgulationof doors, ground-floor windows
and bars opaii~?goutwards.
182. Re~novdof encroachn~ents.
183. Power to allow certain projections aiid erections.
184. Precailtiol~sduriq~grepair of strcets.
185. Prohibition against rerr,oval of bars and lights.
186. Prohibition against making holes and causing obstruc-
tion,
187. Licence for work on buildings likely to cause obstruction.
188. Clearing of debris of fallen houses, etc., by occupiers. I
General po w r s .
191. Building rules.
192. Building-site and construction or reconstruction of build-
ings.
193, Power of council to regulate future construction of cer-
tain classes of buildings in particular streets or localities.
194. Buildings at corner of streets.
195. Prohibition against use of inflammable materials for buil-
dings without permission.
196. Prohibition against constructing doors, ground-floor
windows and bars sc as to open out~vards.
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Wells.
3 7 . Application of certain sections to wells.
Huts.
208. Application to construct or reconstruct huts.
209. Prohibition against commencement of work without per-
mission.
210. Period within which executive authority is to grant or
refuse to grant permission to execute the work.
21 1. Reference to council if executive authority delays passing
orders.
212. Grounds on which permission to construct or reconstruc
hut may be refused.
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I 217. Exemptions.
XI.-NUISANCES.
CHAPTER
Dangerous structures, trees and places.
218. Precautions ill cnse of dangerous structures.
219. Precautions in case of dangerous trees.
22C Precau~ionsill cnse of dangerous tanks, wells, holes, etc.
221. Power to stop dangrons quarrying.
222. Preoa~rtionsagainst fire.
Co.lltrol over ~rcttei*.~,etc.
trees. L$
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Abatement of overcrowding u
&
238.
place.
Control over certain anitnals.
239. prohibition against feeding certain animals on filth.
. .. . .
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24.0. Prohlbltlon a & d L u D ~ a w u y l - t , -------
A So to be a nuisance
or dangerous.
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241. Power to destroy stray pip aLIu UV6~.
General.
SE~IONS.
General exempt ion.
244. Government and market committees not to obtain lieences
and permissi o t s
Keeping of animals.
245. Licences for places in which animals are kept.
246. General powers of control over stables, cattle-sheds and
cow-houses.
247. Power to direct discontinuance of use of buildings as
stable, cattle-shed or cow-house.
248. (omitted.)
I n t l ~ s t ? ~ kand
s factories-
249. purposes for which places may not be used without licence.
250. Application to be made for construction, establishment
or installation of factory, work-shop or work-place in
which steam or other power is to be employed.
25 1. Council may issue dir~cti ons for abatement of nuisance
caused by stesm or other power.
252. Power of tile State Governmellt to pass orders or give
directions to muizicipal councils.
253. The executive authority may enter any factory, work-shop
or work-place.
SECTIONS.
Tlze nzillc trade.
258. Regulation of milk trade.
.
SECTIONS.
In.spectior of places for sole, etc.
XIIT.-VITAL STATISTICS
CHAPTER AND TEIE PREVENTION
OF DISEASE,
Vifnl statistics,
SECTIONS.
Dangerous diseases.
287. Definition of ' dangerous disease'. i
1
1
288. Obligation of fnedical practitioner or owner or occupier i
of house to report dangerous disease. I
hospital. 41
295. Prohibition against infected person carrying on occupation. !
I
296. Prohibibion against diseased person entering public
conveyance.
297. Letting of infected buildings.
298. Power to order closure of places of public entertainment.
299. Minor suffering from dangerous disease not to attend
school.
Svnallpox.
300. Compulsory va.ccination. i
301. Obligation to give information of smallpox.
302. Prollibition cf inoculatidn for smallpbx.
District Municipalities
SECTIONS.
By-la ws.
and regtilatiofis.
Publication q f rules, by-ZL~IVS
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I J'AICrl-' VJ.
~ A J P T E RX;VI.-PROCEDUREAN^ MLSC?ELLANWWS.
#
$ECTIONS.
Licences and pertnissions.
321. General provisions regarding licences and penmis~ions.
Appeals.
322. Appeals from executive authority to council.
323. Limitation of time for appeal.
Power t o stlmrnoh. '
t'
Legal proce~~di~lg~s.
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Police.
355. Duties of police officers.
356. Power of polize officersto arrest per::ons.
357. Exercise of powers of police office; by municipal servants.
Title and 1. (1) This iict may be called the '[Tamil Nadu]
extent. District Mullicipalities Act, 1920.
[(2) It extends to the whole of the 3(Stttte of
Tamil Nadu), except the City of Madras.]
Repeal of 2. The enactments mentioned in Schedule I are
enactments. repealed to the extent specified in the fourth column
thereof.
Definitions. 3. In this Act unless there is anything repugnant in
the subject or context-
* L(b * * ;V
4
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1 'Appoint'. Appoint ' includes to appoint
5[(1-B)], tempo-
rarily or in m oficiating capacity.
Appoint- (2) ' Appointment ' ii~ciudes temporary and
ment.'
officiating appointments.
- -
1 These words were substituted for the word "Madras" by
the Tamil Nadu Adaptnticn of IAWSOrder, 1969, as amen-
ded by the Tamil Nndu Adaptation of Laws (Second Amend-
ment) Order, 1969, which came into force on the 14th January
1969.
3 This sub-section was substituted for the original sub-section by
,ation 3 of the 'llamil Nadu District Municipalities (Amendment)
~ c t 1930
, (Tamil Nadu Act X of 1930).
3 This e x p r e ~ ~ i o
was
F substituted for the expression "Presi-
dency of Madra::" by the ramit Nadu Adaptation of Laws
order, 1970, which was deemed to have come into force on
the 14th January 1969.
I, original clause (I) was renumbered as clause (143) and
(1) and (1-A) we;e ins-rted by section 4 (i) of the Tamil Nadu District
a l i t i e ~ Act, 1930 (Tamil Nadu Act X 0: 1930) ;
~ ~ ~ i ~ i ~(Amendment)
clause (1) was omitted and clause (1-A) was renumbered as clause
(1) by sectiol~3 (1) (i) of the Madras City Mbnicipal, District
.,
~ ~ ~ i ~ i ~ all4 a l iL?cal
t i e i30ards
~ (Amendment) Act, 1938 (Madras
Act iTOf 1938) d~tdtor the clause as so renumbered a new clause
,,, subsut~tedbJ the Adaptation (Amendment) Order of 1950, hi^
was o~ni?.tzd by section ? (i) of the Tamil Nadu District
(A:~iendment)Act, 1973 (Tamil Nadu Act 17 of 1973)- .-
clause (I) of the original section was renumbered as clause ( l - ~ )
by section 4(i) of t:ie Tamil Fla31.1 District iMunicipalities
(Ameadment) Art, 1930 (Tamil Nndu .Act X of 1930).
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bid*
r ~ h words
m v:ere inserted by the Adaptation (Amendmect)
Order of 1960.
* See now the Companies Act, 1956 (Central Act I of 1956).
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I Clauses (8-A) and (8-E) were inserted by se+:tion 4 (iv) of the Tamil
Nadu District IVIullicipalities (Amendment) rict, 1930 (Tamil Nadu
Act X of 1030).
4 These word; were substituted tor lrlc LV jrds " State of India"
by section 4 of, and the Thirc! Scht=cfule fo, thc Tamil Nadu Repealing
and Arner:ding lct, 2937 (Tainil Nadti Act XXV of 1967).
6 This clause wa; substituted for clause (8-C) by section 2 of the
Madras District hlunicipalities (Amendment) Act, 1938 (Madras
AC~xvlrl of 1935).
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1920 : T.N. Act 'V] Dbtrict Mujl:cipaZities 577 ?,L
(20) ' Private street ' means any street, road, 'Private
square, court, alley, passage or riding-path, which is street-'
not a ' public street ' but does not include a pathway
made by the owner of premises on his own land to
secure access to or the convenient use of such
premises.
(21) Public street " means any street, road, @publicstre
square, court, aliey, 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 ;
"W1
125-13237 I
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a person is liot deemed to cease to reside in any
attch house nlerely bacause he is absent from it or hns
elsewhere rrnothci c1.c clling ir which he resides, if he is
at liberty to '[re'iuri~ to such house] at any time and
has not abandoned his intention of returning.
'Rubbish. ' (26) ' Rubbish ' means dust, ashes, broken
bricks, mortar, broken glass, and refuse of any kind
which is not 'filh '.
C
in
1
I-/:
These v,..;C~SUSZ
orib~d
were substituted for the words " return thereto "
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caIlccti~i?or rcmoving filth, i i ~clcsiisii~gdrains or
slaugher-houses or in driving casts used for the ,
removal of filth.
lf(28-A) ' Scheduled Castes ' shall have the 'Scheduled
same meaning as in the Constitution. daste.'
(2843) ' Scheduled Tribes ' a(11allliave the same
meaning as in the Constitution .] Tribes.'
I-
i
,
(29) 'Street-alignment ' mean; a line dividing the 'street-
lands comprised in and forming p a t of a street from al~gnment.
the adjoining land.
(30) 'Water-course ' includes any river, stream, 'water-
or chailnel wl~etllernatural or artificial. course.'
(3 1) ' Yzar ' means the financial year. 'year.' -
words '' Local Government " by the Adaptation Order of 1937 and
the word '< State " was substituted for " Provincial " by the Adapta- ':i * %,
125-13-37~
I
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*,
580 L)i,~trictiluuicipctlilies ~1920:T.N. Act \.
6 ) 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 b e 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 1nc:rnbers and the
chairman ;
(v) the restrictions and conditions subject to
which the township carm;:i:t-^ ~ 7 2 yperform its func-
tions ; and
(vi) thc procedure of thc tovinslzip committee.
(4) The State Government may, by notification,
direct that ary . ~ the
f provisions of this Act or of
any rules made thereunder or of any othcr enactment
for'the time being in force et~ewherein the '[State of
Tamil N d u ] but not in the ml~nicipalityor specieed
I area therein referred to in sub-section (1) shall apply
to that municipdity or area t~ such extent and subject
to such modifications, additions and restrictions as
may be specified in the notificati~n.
(5) (a) If any difficulty arises in giving effect to
the provisions of this section, the State Government
may, as occasion may arise, by order, do anything
which appears to them necessary for the purpose of
removing the difficulty.
( b ) All orders issued wider clause (a) shall,
- soon as possible after they are made, be placed
.* J
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1920 :T.N. Act V] District ~Unicipalities 583 f:
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5. (I)' The l[State Government] may by noC:&cation Aboliti n '6
abolish any municipality to which this Act appBes ; municipali
Provided as follow^ :-
;-
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:
(a) the '[State Governme ~ t ]shall, before -'1 *
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2[tl~eyissue] such notification, communicate to the
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/ municipal council the grounds on which acthey
" 3
and the word, ''State" was substituted fur "Prc ~ i a i " by tho
-'T?
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w District Yulricipalities [I920 :T.N, Act V
.&
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CHAPTER. [ I T ,--CO~~STITUTION UN~ML
1'"
I AUZHOR~I~.
Audioritits.
6.The municipal authorities charged with
4[(1)
pa' canying out the provisions of this Act are-
(a) a council ;
(h) a ahairn~an; and
(d) an executive authority.]
(2) The inunicipal council shall by the name of
the municipality be a body corpcrate, shall have
perpetual succession and a colnmon seal and subject
to any restriction or qualificatio:~ imposed by this
-- ----- - -----
1Thcsc words .,vere substituted for the ivords "the bdlance of
the nmniuipJ fund and tllr oth,,r property vcs;ed in the
mui~ioipnlcouncil shsll vost in His Majesty, and the liabilities
shsll be tr tnsferred to the Pr ~vincialGovernment9'
of the cotl~~c;l
by saction 2 oi'ths Tzmil Nadu BIunicipq nnd Local Boards
(Amendmint) Act, 1947 (Titmil Naclu Act XXlV of 1947), which
was dzcmcd to havz corne into force, on the 29th day of June
1920.
a This word was substitutgd for the c'orci '' Proviwial" by the
AdapaatIon 0 der of 1960.
3 This sub-section was omitted by tho Adaptation Order
of 1937.
4 i ~ ~ ~ u b . s z c : i waso n substituted for the original sub-section
-.- . --.- F 2 - :' :'-.: VZ&TJDrstric: 2lunicipalitl~ ( A w - t )
---..&-
--
b
Prj
It, +
I5
Municipali t ics with a pop al;itioi?-.-
Not exceeding 20,000 at the last
..
s
% .
census 16
Exceedii~g20,000 but not cxcoeding
.. ..
s
30,000 20
Exceeding 30,000 but not exceeding
40,000 . .. 24
Exceeding 40,000 but not exceeding
50,000 , . . 28
Exceeding 50,000 but not exceeding
100,000 .. . 32
. --.I- -. ---
IThess words were substitutcd by szction 2(i) of the
1 Nadu District Municipzlitics (A'naend:nen t) Act, 1950
il Nodu Act XXIII of 1950) for the words, brackets, Ggure
etter "Subject to the provisions of sub-section (3-33) the
nicipal council" as substituted for the original words. ' 'The
icipal council" by section 2 (i) 01the Tamil Nadu District
icipalities and Local Boards (Amendment) Act, 1947
amilNadu Act XI of 1947).
2 The words "Provincial Government" were substituted for
tile words "Local Government" by the Adaptation Order
r ,
of 1937 and the worcl "State" was substituted _fcr "Provincial"
by the Adaptation Crger Qf 1950.
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r s olevery rnunicipalit~
2[(2) ~1 the coui~cillo
shall be elcctcd.
(c) women
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1 were subst iiuted for the entry "Exceodin~
100,000 .. * * " ' * 36" by sect ion 2 of the Tamil Nadu
District ~ l U n i c i P ~ l i f i(Second
O~ Amendment) Act, 1967 (Tamil
Nadu Act 1 7 of 1967)'
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588
1971).
The tc:m of oJlice f,. !'*- rnllncillors of municipal coulll~ils
holding offi-6 as such on the dat? of commencement of the
Madras Citb Municipal Corporation and Tamil Nadu District
Municipaliti:~ (Amendment and Extension of term of offioc), Act,
1971 mamil N l ~ d uAct 22 of 1971) and those elected after the
said date to any newly constituted or reconstituted municipal
council was extended upto the noon r. the ,first day of May
1974 by section 40 of the said Act. The above extension was
subsequently made applicable to the ca~ncillorsholding office
as such OF., and elected after, the data of publication of the
M.adras City Municipal Corporation and Tamil Nadu District
Municipalities (Amendment and Extension of tern of &ire)
(Amendment) Act, 1974 ('Tamil Nadu Act 11 of 1974,) by
section 3 of the said Act. The said term was further extended
~ day of August 1974 by the Madras City Municipal
upto t h Pv-st
Corporation and Tamil Nadu District Municipalities (Amend-
ment and 5xtension of hrm of oficej Second Am'endment Act,
1974 (Tamil Nadu Act 19 of 19?4). Extension of the said
tcrm upto the first day of Novombe 1974 was again sanctioned
by the bfadras City Municipal Corporation and Tamil Nadu
District Municiphlities (Amendment rind Extension of term of
&'ice ) Thircl Amendment Act, 1974 (Tamil Nallu Act 40 of
1974).
was addcd by section 14 ( i ) of the ~
8 T11IS p ~ . ? ~ i 5 3 ~ d ~
City ~ t a n i c i p a l Corpora tion and District Municipalitie
(Amendnicat) Act, 1961 (Tamil Nadu Act 10 of 1962).
These words were substituted for the words "three months"
by srctioil 36 (2)of ths Madras Ci!y Municipal Corporatic 1 snd
Tamil Na District M!rnicipalities (Amendment and Extension
of term of off&e),Act. 1971 (Tamil Nadu a c t 22 of 1971).
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The
chairman
112.(1) Every council shall elect one of its
and vice- members to be its chairman.
chairman
of the
munici-
pality.
(3;i The council shall elect one of its members
other than the chairman to be its vice-chairman.
1Sob-sections (3) and (4) were renumbered as sub-sections (4)
and (5) respective!^ by section 7 (v) of the Tamil Nadu District
Municipalities (Arnendnlent) Act, 1930 (Tamil Nadu Act X of
1930).
This scclion was substjtuted for the original section by section
8, ibid.
sThis section was omitted by section 9,ibid.
4 This section was omitted by section 4 of the Madras Di.,trict
Municipnlitiss (Amendment) Ac:t, 1933 (Madras Act XV 0, .933;
Ecctions 12 and 12-A vere substituted for section 12 bj
section 11 of the Tamil Nadu District Municipalities (Amend,
rncnt) Act, 1930 (Tamil Nadu Act X of 1930).
a. This sub-sectiou om;tted by section tl of the Madra
District Muni;;ipalities (Amendment) Act$ 1933 (Madras Act X\
9 r. I .I1,
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Dt
I (5) A vice-chairman shall be deemed to have I
(. V'
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*.
Procedure l[12-A. If at an election held ~mndersection 12 no
when no chairman or vice-chairman is elected, a fresh election
chairman
or vice- shall be held.]
chairman
:. is electcd.
9 1
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r 'btiuicipalit~es 59
~ i s tict
Functihs of the severul authorities.
{The chairman and the executive a-cthosity j
,
l[13. The chairman of the municipal comlcil shall- ~~~~~
(a) make arrangements for the election of the
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, ,.
Provided that--
he shall not act under this section iq contra
vention of any ord.er of the council prohibliting- tf
execution of any particular act, and
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.> .,s
..li
(iii) every order made under this sub-section r ,r
' .;-1
shall be cornm~llicittedforthwith to the council and => 3
9 Thne words were substituted for the words " the chairman may
an order in writing " by -ihid.
Tile words servant of the Crown" were slibstituted for the
ds officer of Goversmn~ent" by the Adaptation Order of 1937
fi
thc word " Government" was sub3titated for " Crown " by
c Adaptation Ordcr of 1950.
4 This section was inscrted by bectim 9 of the Madras District
unicipalities (Aincncln~cnt)Act, 1933 (Madras Act XV ot
1
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man.
(2) In the cav o f municipalities included in
Schedule IX or notiiiea nni,~r sub-section (I) of
scction 12,-C the officers aid servants of the muuicipal
council st:ali be subordinate to the commissioner.
(3'\ Sitbject to any directions given or restrictions
imposed by the "State Government1 or the municipal
council, LIIZ cornmissio~~er may, 5y order in writing,
delegate .t!ly of his fiii-~c~io!~sto any officer or servant
of the cuul:;il or to itily 2 [ ~ e r ~ aofl ~the
t Gnvernment].
The exeicise or discharge of any functions so delegated
shall be subject to such restrictions, limitations and
conditions as may be laid down by the commissioner
and shall rlso be subject to his control and revision.]
r71
1 IIE COUNCIL.
'fie words " Provincial Government " were substituted for thc
I.
words a Local Government " by the Adaptation Order of 1937 an(
the word " State" was substituted for " Provincial " by the Adap
t a t i o ~Orda of 1950.
2 The words " servant of the Crown " were substituted for tb
words 660tflcerof Government" by the Adaptation Order of 192 I
and the word "Government" was substituted for "(3rown" 1 I
the Adaptation Order of 1950. I
6
3 These words were substit;uted f ~ r the word " ch&man] "
17 (2) of the Madras District Municipalities (Amendme1
&, 1933 (Madras Act XY of 1933). I
- n , ~ f d g were substituted for th
C
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give effect to every resoliltion of the council unless such tive autho-
resolutim is modified, suspended or cancelled by a rity to carry
out cosncil*s
controllillg authority. resolutions.
4[23. A council may constitute coilu~~ ittees for the
purpose of exercising such powers, discharging such mittees.lnent ofconl-
duties or performicg such functions as it lnay delegate
.to them ; or may appoint individual councillors,
I or committees, to enquire into and report or advise on
any matters which it may refer to them.]
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1 The worcls '. of either sex " were omitted by sectian 20 (i) of the
Tamil Nadit District Municipalities (Alnendment) Act, 1930 (Tamil
Nadu Act 3L' of 1930).
? 1;s wc.icl was substitilted for tliz word "sex " by section 20
(ii); ihicl.
B"' i ~ c : v,ro.,d :;ripplementary " was omitted by section 21 (i),
'a
itii,:.
I I n c>rct:; Provinciill Ciovununznt " were substituted for the
;<
v,,,' . . >
* $
L V ~ Sbubb.,ii[iltci1 i o r ~'TOV~IIC~ELI" by the Adapta-
* b
6This section was substituted for the original sectii~nby section 22,
Ibid
' 6 The words " prcvi:~cialGovernment " Wcrc substitilted for the
words " 1,ocal Qovern~nent" by the A daptatirn Order of 1937 and
the word " State" wad substituted for " Provincial " by the Ada;:.
ation Order of 1960.
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such intcres t, or he may I i t 7I:such councillor]
to absclit hi mrc!l' cluring (Ire. <.liscitssion. 1
3) S I c i . . i cl?:?le::ge the decision
of the chait~n;tn, who 1 thereupon put the
quei;tic,n to ti 2 !,;;zting. 'I'lic clccision of the meeting
shall be find.
e
motiol~to that efi'ect be clrriccl, be required to absent
5 himself fi-om tho meeting dllrii~zsuch discussion.
I
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t District Munieipa!jiies iAmend!~lcnt) Act, 19 30 (Tamil Nadu Act
kp.
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X of 1930).
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2 This section v as onlitted by stction 25, ibir/.
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Annual ad- 33. (1) As soon as may be after the first day of
ministratio a April in every year, and not later than such date
report.
as may be fixed by the '[State Government] themunici-
pal council shall submit to the '[St&te Government]
through the distcict collector a report on the adminis-
tration during the preceding year in such form and
with SUL details ns the '[State Government] may direct.
If the district collector makcs ally remarks on the
report, such remarks shall be forwarded to the council
and the co~rncilshall be entitlcd within ;uch time
as the '[State Government] Zlfix] to offer or make
such explarkations or observations as the council
thinks fit.
(2) The [executive authority] shall prepare
the report ; the municipal coullcil shall consider
his report and forward it to the l[State Govemmentj
with its resolutions thereon, if any.
(3) The report 4[and the resolutions thereon,
if any], shall be published in such manner as the
council, subject to the approval of the '[State Govern- < -
ment] may direct.
Contro!liag authorities.
I Power o t 34. (1) The. district collector may enter on and
State inspect, or cause to be entered on and inspected,
. Government
any immovat~leproperty or any work in progress
under the control of any municipal authority in his
district,
1 The words a Provincial Government" were substitpted for
the words " Local Government " by the Adaptation Order of 1937
and the word State " was substituted for "Provincial" by
'$
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the possession or under the control of any 3[council
or *(executive authority)] ;
$
$ (b) reljuire any council '[or (executive autho-
rity)] to furnish any return, plan, estimate, statement,
account or statistics ;
(c) require any council "or '(executive autho-
rity)] to furnish '[any] information or report on any
municipal matter ;
(d)record in writing, for the consideration
of the council ';[or i(,cxccutivc authority)l :my (,!v+nrvr~-
tions '[they or he may] think propcr in rcp;trrl i,rl 11:t
l0[or his] proceedings or duties.
I
YI
3.
29
:Z
35. If it appears to the district collecto- that the Collector's ' $4
'[executive authority] of a municipality has made power to iy
'3
default in carryinfi cur :my resolution of the c~7uncll.c l l t i ~OF~ %
J$
llr
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.
1 The words Provincial Government" were substituted for the C
8
and the word " State" lwas substituted for " Provincial " by the .$
Adaptation Order of 1950.
2 The words "records, correspondence, plan or other" in the
original clause were omitted by section 30 (i) of the Tamil Nadu
District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act
X of 1930).
3 The words council or chairman " were substituted for the .
words municipal council " by ibid.
'&
( - -...--
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District Municip
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--
---.-
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11 1-'
Notice of r.ot less thac c:rT..-$2 .'ear days st
to the counci!lors of the time appointed for m e aujoul
ned mcetin ;.
(6) Save as provided in sub-sections (4) and (51,
a meeting sonvened for the purpose of considering
motion under this section, shall not for any reason
adjourned.
I
(7) As soon as the meetillg convened under this
section has commenced, the Revenue Divisional
Officer shall read to the council the motion for the
ccnsideratin~~ of which it has been convened, and de-
clare it to be open for debate.
shall be adjourned.
(9) Such debate shall automatically terminate
01, 'heexpiry of two hours from the time appointed
for the comlnencement of the meeting, if it is not con-
cluded earlier. Upon the conclusion of the debate :
or upon the expiry of the said period of two hours,
as the caso m;y be, the motion shall be put to the vote
r the council.
(1 0) The Revenue Divisional Officer shall
speak on the merits of the motion, nor sha
titled to wok tbereaa.
C
. . -.. .
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Provided as follows :-
for the purpose of'comp1t:ting t
4[@)
to a council which has been dissolved the
Government) may, '(. . . .) from ..
tend the time fixed by them under this SU
its reconstitutjon;]
(b) th,: 6(State Government) sh
sede a portionFonly of the municipal council.
7[(1-A)Before publishing a noti
sub-section (1) thes(State Government)shall co
cate to the council concerned ?he grounds on
they propose to do so, fix a reasonabls period
council to show cause against the proposal
sider its explanations or objections, if any:
Provided that where a council has diso
order issued under sectiell 3 6, the 6(State
ment) shall not be bound to follow the
laid down in t t i s sub-section .]
----
1 These words werc sllbstiluted for the vro
the Legislative Council" by the Adaptation Order of 1937.
2 This word was substituted for the wore "Chambers" by the
Adaptation (Amcndmen;) Order of 1950.
3 This word was substiluted for the word b-Provincial" by the
Adaptation Orc'er of 1 950,
4 This provisio was subslilu*ta tor . I I C c?k~ginaIpi oviso ( u ) by
section 34 (i) (b) of t t e Trrnil Nadu llistric1 Municipalities
(Amendment) Act' 1930 (Tamil Na, u Acl, X of 1930).
The words -'Provincial Govcrnmen t " were substiluted for the
words "Local Gavernment" by the Adapfatlon Order
:ind the word "State" was subst i i uted fcr uProvincjal"
Adaptation Order of 1950.
6 The woras "in lheir discrciion" were c'mitted
~ d a patt ion Or; er of 192 7.
7 This sub-sec!ion was inserted by sccl ion 34 (ii)
Nadu DiSiricC Municipalities ( An~endment) Act.
Nadu ~ c Xt of 1930).
<
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constituted co:~
Elections.
Election ot 4[43. (1) For the purposes of election ofcouncillors
municipal t 0 a municipal coun~il,the 2(State Government)
councill~rs.
after consnlting the municipal council may, by
l notification,
. . , . -. . ...
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4 These words were substituted for the words " to any seat in .
that ward whether reserved or not" by section 4 (iv), ibfd.
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2 These words wire substituted for the words "Every person Wi~ase
name is included" by section 3(1) (a) (i) of the Madras City Municipal
Corpogation, District Municipalities and PanchayaYs (Amendment)
, (Tamil Nadu'Act 6 of 1968).
~ c t1968
*y,hese words were substit~ltedfor the words, "whose name f s
included or who is qualifihd to be included in that part of the electo- , ,
(4) W~IC;.: .
#.
. , . ; - t i ;shed
2 ; , i : ( i j11t0
.*
under sub-~ccilxi
a
('ii I .c ,1.)7
d "
['$?
I These w ~ J . ~ ~ , I . : ; ; ;
. .
,; i,,;? ~ e c t ~ r > i ii ; , .
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" "'n I - . '
I)
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$1~ h i sub-scction
s was sohsti tnted for sub-section ( 2 ) by rcct;on
40 of the Tamil Nadu DisLrict M unicipali tics (Amendmcnf) jict,
1930. (Tamil Nadu Act X of 1930).
1 'h he wbrds "servant of the Crown"wcre substituted forth(: w[Brds
($enant ofthc Govermcnt" by the Adaptation Order of 3937 and
:t& word 6'Goverfiment " was substituted for "Crown" by the
l Adaptation Order of 1950.
r The words "Provincial G o t e r n n ~ r ; i ~ t ,,LA
* ' L ,ubslituted far the
words ''Local Governme(?t9' by the Adzptation Order of 1937 and
lthe word @'State"was substituted for "Provicclal" by the Adapta-
tion Order of 1950.
, r These words werc inserted b:ir section 41 (i) ( a ) of the Tq.r;I
District Municipalities (Antcndment) Act, 1930(Tam il fi!?. ' t 1
i Aa X o f 1930).
".were omitted section 41 ( i )
C
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natiojl
*
os i'.'re I 'rij '
- % " : ~* - 1 - ~ t a
rp
- .
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~
leper; .
A ; A , - ,i ' ; .'.:id'c:ited abank-
rupt oc r i ! " , , i + ; : -:: :ifi X ~ J I ~ ' .: < I h:t~~k~~?lpt
Or
~ & j ~ ~ i ~ l . , l; !cf ;~{: y":'"
, 1
c:x!tract made
I with, t.jis; I. , bcira(!
.
(,
, :
:f, !
, I rB
(: , I Itc municipal
council 66 . :. :. :li;renol~> $.
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%,
in '
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ment rt, " . .'!.~ r;\..,
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j:; ii~seyted;ar
#$; a 6 %! ;,
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town;
-r/
~,cfi' .I :.,;j.pri&7 :: ~ o ~ ~, .0~ q., ~:;;I~of i office \ l ~ ~
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ofr,d2w1 Gi:.L a
c:. suncillor
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~y sci;ii<g\
::, ;i:5,?'dle ci ,iij f.,
r x
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* I :'.?* : j (Tamil Nadu
Nadrl niqtr: ;i ~ , ~ i l ~ r i c i p(Ameiidm3:14
~~.lit~e~
Act x ui I r
isiicrrii a; ;;ll' i I ) resp"tive&
t p ~
, , 0) to (vi) 36f1
-
(b) becomes of . unsound mind, a deaf-mute, j
I
7 This clau% was inserttd by gdion
e 42 (1) (c), ibtd,
I
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631 , ,t
"r t
P i + . 1x0 j i ~ : ~ i ~l
~l wh.ich a coun-
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i , $,- ; - ; ;$- .
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sh:!li :. c:>iir$!ed against him '
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a s 3. .L z
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.m , sub-rule
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(2) o r r i i + , v g4 I . ' . : ( ~ h;r l:$rat,Schedule
shall I,[: -
# z 6b~*:je.:
(2) , t . .
%\ *f
.v G
;' 8
.*ullt,z;Jried iu
clause i2-.
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+ a
$s,-.la,
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may di S C e i ~! .i 'f :i.t\l operate as
.
a disq~i;.l.~.:.-,~
d !. , ; ( i ) i~iunder section
"
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603, hc ..!i - - :;I
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on appc::i t,;. A;:. or ' r: ;"r . .:illi?cation mused I,:.
the word '*SI:I~~'' $ 4 2, .;ui-stit3ied . n L,, ~ : b r i ~ i c i n lby ~ ' the Adapt- "*
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686
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i
persollybiioil:., :A.:r:at.je .&:- ~ h s t section shall
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1Sections 66-A to b6-N werc it~sertcdby section 17 n' th? Ma4ras
i City Municipal Corporation and District Vunicip;~lit'=s(Am .;) i f - <:
1
5
g *
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-
:
1
' I\, 1 :11 :
six ~t'tor~~hs
-
-
.-
::; r \i.'sZ beck.
Sections 56-A to 56-Nwereinserted by section 18 of the Madm '
- - - __.I_
a
a
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. i;le provisions of
pteven!ing i 3 :.* I i r a x : e ~ t i ~ : :ri'
L I S for
sub-scctioii (I), ; l i ~ : l . lay si;iz, ;:I" iit ~ M ~ ~ used
suoh con t rnvsl~ti t i 1r.
-
-
-
, 1920 : T. N. Act V] District Municipalities 641
I
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( I ) s l ~ c lol\icc.~.
~ may. bcfbrc su:h person leaves the
I t iI , t 11 4 litarbrt :I policu officer to
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644
(2) Any perion who c o i ~ ~ ~ * ~ vthe
e i i eprovisions
i
of sub-section ( l ) shall-
+
if 11~.j:i L: i-eturnil-ig ofices or an assistant
(u)
returning o@cer or a r:.n*:rl;roofficer at a polling
station or a n y {jther officer or dierh enlployed on offi-
cial duly in c wci ion with the dection, be punishable
with impl-isonn:en t for a term which ll~ayextel~dto tivo
);cars or wiih lint or w i t h hoih ;
I
(b) if hc is any other pcssofi, be punishable
with imprisolmle!~tfor a term which may extend to
six molllhs or with fine or with. both.
_I---
_ _ - - . -
were inqertcd by section 18 of the
;I,, ~,G-N Madras
:vr,;,ol.atio,,;ill,! I)istri~t M ~ n i ~ i p a l i t(Amend-
i~~
(.! : t i t i j ~r.atiLduh.;r ](? t(Y 1952).
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,
I I
. :.-c'
;d.;.
' *.'$
i 4[Requisil/onirlg oj. property for electiofl purposes* \
d
#'
C P
? .$ '$
, ,$
t
&,,tL3 , \ ,- . . ...
S- ,;.-
*- * 2-5 j :bc F:z:
c> :. ?\-: --.
- . - c~?&-i*na
--.an?
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~~3
if&
i p==-
rh:!? j I = L: 1 1 2 ::.p <!=tion u n ~ c ;ih:s .-1.:~- vehicles, etc,
"#
:
' *w
for electlon
purposes.
a ) any premises other than residential buildings
i
actually occupied are needed or are likely to be needed
' for the purpose of being used as a polling station or for
I
tlic storage of hallot boxes after a pall has been taken,
Paymeot e f
conrpensation .
shall be paid by t
interested compens
be deter~ilinedby t
into consideratlon the f ~ l l o w i ~iiamiijr
l ~ , :-
Ik
I (i) the rent payable in rcs;>cct of the premises
or if no rellt i s so payablc, thc sent payable for similar
premises in thc locality:
Provided that the rent payable in respect of tlie
premises to which the provisions of the 3[Tamil Nadu]
Buildings (Lease and Rent Control) Act, 1960
( 2 [Tamil Kaduj .4cf I S cf 196 1 ) apply shall bc
-.
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l it/>i&:,r,ciad M ?
City . M ~ t i i pCf 'df =~?~ahticr 4 - h
Act, 1962 {Tam:: Yzdu Act 10 of 19621,
2 These words w e r ~ substituted for the v, ord "~Madras''by
Tamil Nadu Adaptation
Tamil Nadu Adaptstio
1969, which t ~ m iztr?
? f ' r t r ~ . on
, the 14th January 1343,
--
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.
.
;;tats Ci" sernmcat within one i ~ i o n t horn
ii) i l ~ c l ~ the
date of scrvica of thc ordcr detcrmi~lingtllc compeil-
sation hi icicrring the mattes to all arbitrator, the
amount of compensation to be paid shall be such
as the arbitrator appointed in this behalf by the
State Goveinmznt may determine :
e;r----.
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-
0--3.920:.T.N. Act V] District Jfiil~licipnlililis (i.13
~
--
I
t
evicted from the pte~nisesby any officer e m p o ~ ~ ~ c r c d
by the State Goverl~meiltin this behalf.
.i.
sub-section (2) of section 61 and placed under the respect inof = . ".
control of the Highways Department of the 3[State] publicstreets kS?
Government, it shall be the duty of the municipal withdrawn
its control. fr (1 .$
A,e+:
>,
council to provide at the cost of the municipal fund,
to such extent as the J[State] Government may i.
. by general or special order direct,-
for the lighting, watering, scavenging, and
drainage of such street] ; a 9
Collected 62. All rubbish and filth and other matter colle
sewage, etc.,
to belong to ted by a municipal council under this Act shall belo
municipal
council.
i
. . . .* - -
,
.- ..- - % '
3- .,-
--2 ,- ...*irft
I
- - - -.-_,
7
. *
sn-rioa 47 ti) ;r:; Taxif Ns 2,: L->;:',:
L hfqr;.l;;l:l;r:zr
~ t (T
~1930 , imil Nadu Act of 1930).
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- - - . .- -- _ ___^___
Contracts.
THE TA~LE.
Jfcixirt;zufl2
value oko
ajnbtmt.
RS.
!
but more t h i ~ ntwenty-five lakhs I\
I
of rupees. J
:-ibb? < . ( I , 7 I .
i t 3 1 (biate 21'ili31e11
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1 T ! ? ,,<,,,'< + ,1',,\i:3";3] ~+.',,--.--'-f ..
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- - a
.
";Lrc,--fc .)yIi;_' ;i;~?"jt
I
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with the provisions of this and t l ~ clast preceding section " by SCCLIQII
3 of the Madras District Mullicipalities !Amendment) Act, 1941
(Madras Act !I: of 194.1), re-enacted pernlanently by section 2 cf*
a d the First Schedule to, the Tamil Nadu Reenacting, (No, 11) Act,
1948 (Tamil Hadu Act VIIl of 1948).
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/
ercept wit11 the previous san
~overnrne,~t:).!
. --- - ---- - . ------- . ,- .
sectio~?was substituted for :
1 This
W?c'r t District Municip
52 of ~l~c'?";~r::i!
, , .I;.
i
: . 'q>i\'i
: 1 :,.,-: . .. . :3. . ; i i l ? i [ ; ~' !~ .? ij:; l,'i;!{l ;;IS
, I ; i i 1 , $! :!IL: ! ' I l l l i l t ;littiiff
\ ~ ~ < ~ ~( . { t ' \J i ; ('',.,! ( ii, , ~ i 1 * : i t
9 n
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- - --
rnlmicipalb
1 ties.
Boards Act, 192C" :
I l exercised
Provided tl-iat such power s l ~ ~ i lbe
after consultir g !he local bodies concerned.
(2) The '(State Government) shall have power
~ to issue such general or special directions as they
may think necessary for the purpose of giving dug
to transfers made under sub-section (I).]
.." .. . .
- . _'a p &' ...~ e* .:,..''V*'r..""
"
.
., ,, ,
?.
. - 3i.3
#$' .,??,> .+
>, b- 5 .
.. .
I
.
.'**Shl.
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- --
staff-
(a) fixing the amount and nature of security to
be furnished ;
(b) prescribing educational or other qualifications ;
(c) regulating the grant of leave, leave allowallccs,
'[acting a110wances and travelling all ownnccs] ;
I
I
(d) regulating the grant. of pensions a i d gt-:Itui-
. ". . .,^
.
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-- - ----- _ -
Spscial
provisioas
regarding
Govcrn-
ment
servants of the counc~lt
lent to of this Act. ?'
council.
servai~t so ern
ment service to which he belongs, and shall '[also make
any contribution towards the pension and k ~ v e
allowances of such servant as may be required, by
the conditions of his service utlder the '[Govern-
ment], to be paid by him or on his behalf].
(2) If such servant, while employed by the muni-
cipal council o; if any other servant of the council
does any work for '[the State Government], the
'[State Government] shall contribute to the municipal
fund so much of the salary of such servant as tho
'[State Government] may consider to be an equivalen*
for such work.
'" r,+*
1
', ,
. *.%i "
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E
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PART 111.
W.-TAXATIONAND FINANCE.
CHAPTER
1 This sectior v;as inscrted by section 2 (i) of the ad ras ilist sict
Municipalities and Local Boards (Amendment) Act, 6945 (Msdras
Act X X of 1945), re-enacted perrnancA~tiyby section 2 of
and tho first Schedclc to, the Tamil Nadu Ec-enact ir ' Re-
pe&ng(No. I) Act, 1948 (Tamil Nadn Act V2I of ~ S L ~ S ) .
a Thp " P i ~ ~ i n ~Government"
iaJ were sub~lit u t d i'(\r tile
words "Local ~ o ~ e r o m e n t .by
" the Adaptation order of 1937 and
the word "State" was substituted for "provincial" by the Adap-
tation Order of 1950.
3 These words were substituted for the words ( r G ~ ~ g l r ~~:(:;11 ~~-<.( .,...
in Couocil" by the Adaptation Order of 1937. .
J
I
P:
4 Clause (u) was omitted by ibid. - **#-
$+
1Thzse words were substituted for the words "the tax or toll
will be levied from a day to be specified ill the ~rotification" by
section 61 of the Tnlnil Nadu District hiunicipalities (Amendment)
~ c t 1930
, (Tan,il Nt:du Act X of 1930).
- I1'-n words "or tol! " were orr~itlcdby Schedule 1 to the
Talllii N;:du 3Itltor Vehicles Taxiition Act, 193 1 (Tamil Nadu Act
111 of 1931).
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7
--- _ __------
- -- - ----
--
..
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sphc words " Provincial G~3vernment" were subs1it utcd for t 110
words ' * ~ o f aGovernment"
l by the Adaptation1~O:der of 1937 and
the word 66Statc"was substit utcd for "Provincial" by the Adapta-
ion Order of 1950.
4 This clause was added by section 2 (ii) of the Madras Cistrict
Municipalities (second Amendment) Act. 1946 (Madras Act VI of
1946) rc-eaacted permanently by section 2 of, and the First
Shed& to* the Tamil Nadu Re--enhcting and Repealing :(No.1) .Acr.
1948 (Tamil Nadu Act VII of 1948).
I
I
1920 : T.N. Act V]
-
..--
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-
4 -
Ui cipulities
-675'
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n w
-
-
P
.$
tively .]
, -
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--- - ---- --.- . - -- -. - - ----
----X-
- c *
-
1920 : T.NaAct V] District M~mic@alities 677
I
I 1920 : T.N. Act V] ~ i s t r i b tMztnicipalities 679 ,
b*
i
8 83. '[(I)] The following buildings and lands shall G a r r e t
f e~ernp;iofls,
a be excmpt from the property t& :-
(.
!
,
p
+*
' [ ( a ) places set apart for
public worship and
7.
either actually so used or used for no other purpose ;
educaticnal purpose>
(c) Lruildirlgs used for
hcluding hostels, public buildings and places used
for the charitable purposz of shelte~ingrhe destit ~ l t e
or animals, and libraries and playgrounds which are
open to the public ;
$
I
I
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z(ij,(>rtjc,'.,;:~<;T;I 1 ) ) r j ( . t $ . / ; i f r t ; ~ i l , , , a h j t f
, I
f { c ! , 1 6 fi,ttfftf3
C , I { / !
tacion Ortfer of 1 0 5 0 .
5 This word W ; ~ Ssubitituted for the word "Provincial" by I
6Thi:: pro: S O ,vas ~~~~~~~ted by section ? (ii) ( 2 ) of the Madra
~unicipalL , istj-ict Municipnlitics and Local Boards (Amm
Act, 1939 (McidrnsAct XXI of1939).
7 This Exp1anr;;iorr was inserted by section (14 ( I ) (jv) of
Nadu District \2uiticipalitics (Amerzdmcnt) Act, 193
Madu Act X of! 930).
t
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1111 ~ ~ I I \II ( 1\i t 1 I I \ CI ~
II/~~{II!~~
t~t$,*([\\\\
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executive authority-
(i) that the building is vacant and unkt ;or
'I
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- .. . . -, .
en*
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'r
1 IT"i~c*se
r!?:? --7 .1
%:2'!:
\ ~ Sy e SLIb~riIU!cI!
U ~ ( ~ ~\ &
Gik157;21ik~fi :>!
- - '*fir -. I'-I--( ,."-s, <>~-cfs
I+a, " hfadras by
=df.a~ " by
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:- .'- -- - -LE!ez:uT+z?5x- fk*;.
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- - *
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A P-*2-,-.-
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L
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22- !
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Nac; ;\c-.T i. c n
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I
vant or agent to represent it or him for the purpose of servants or
L
transacting business in a municipality, such colnpany ~ ~ ~ ;
C,
or persotz shall be deemed to transact business in the tax.
p
i ' municipality and such servant or agenl shall be liable
1 The words " Provincial Government" were substitlited for the
words ''Local Government" by the Adaptation Order of 1937 and
the word " State " was substituted for Provincial " by the Adap-
Gc
3 This word w ~ wbst s ituted for the wnrd " Provincial " by the
* $3
Adapta, io,. Ctrc'er of 3 950.
4 Sectir r:s 94 ;~nl: 94-A were substituted for the orisinal sectfor, 94
; y section 7 2 r $ f che Tamil Nadu District Munisiy 11ities (Amend-
ilJ7
;3
(:$
Y
. .
+
:-
.I
b
1,
+
, j i 1 5 0
calling, or appvintment of every such person and the
rent, if any, paid by him and the perioi? of such occu-
pation.
__ _ - __---- I-...-...--_-_ __._-
1 S:,..l.prts 9 5 mi!<;l;-A were substituted for origjnal a s l j O n 95
and ttle ':s.~~i!ngc ~ ~ c ~ r r :kefore r,g [ha: secticn, by section 73 of
the Tarnii Nadu Di\triL't hluaicipa!iries (Amendment) Act, 1930
(Tamil Nacio Act X sf 1930).
2 Thest: words were hubstituted for the word "chairman" by
scctic~t?1 7 ( 1 O f t h , ,!litd~ 8 s nictric'i hft~t~icipatities (Amcndmcnt)
[$&;t* l ~ ~ . l(?,l:i~!r*i.*
.l .A,.[ 'i3'or-lt~.l:~
3 1'J:isc t ~ c ) r r i < i $ ? ' ~
:1111stit~llt(f
t' f;)lt\lc \ v ; ) I ~ J "persons
such builditlg or I:ind" by ssctior~ 74 ti) of the Tamil
District M ~lniciprr'ities (Amendmenr) Act, 1330 (Tamil BJ
~ c Xt of 1930).
The word "trade" was omitted by section 74-a),ibid.
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nn ~tnnlnyers
f any employer or the head or secretary or
v-. Y"',y'V,
L
g
(b) to f ~ ~ s n i sparticulars
l~ in regard to any
I 2[company] of which such ernplover. head. 5ec:etai~
or manager, as thc Caib mai. he, is the agcnr.
1 ! Y O , ,I:,
~\*\,(~sc \\ $*h-,! \\\st*r{cd1)
AII~L.~
g-ict ~ u l ~ i c ' i p aI'iiIi~ s ('l'llil-r\
XXXVlll of 1942?, rc-en:ict-cd
cations by scctioit 3 of, and 111
enacting (NO. i I 1 ) Act, 1948 (T
2 The words " or let oiit for hire" were onlitted by sectioll 7
of the Tamil Nacli~District Municipalities (Amendment)
(Taiz~ilNadu Act X of 1930).
8 These words \v::l+e si~bstiti~(t-c.
section 77 (ii), i b i t l .
4 This sub-sect ;n~a was sub
by section 7 (ii) of'the Marlca~
rnent) Act, 1942 (Rl;~drasAct
aently with specifiec! modification
to, the Tamil N'nilu Re-enactill
h o t IX of 19481-
C
r
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----- . . ...-.
Composiw
'[ . . - * . . ** 1 .
t !311.
101. Wiih the sanction of the council or in accord-
ance with i.cg~il?itions fr;i~ncd by that body, the
?[-cxeci~tiye authol-ity] may cxnpoui:d, for any period
not exceed li-g one year, with any livery-stable keeper
or 0th :r person keeping cnrriilgcs and animals for sale
or hire, fol. :! ccrtnin sum l o i!e paid in lieu of the
carriare rt17d animal lax.
Forms to bc 102. ( 1 ) 7 ' ; : "[cxecuf
~ ivc :kutl!ority; shall send to
sent to and . y ('11 s ~ p p & U t o ~ L ' V L : :)worne liable to the
c ~ ~ rI)C~.:-
retltrncd by
tax- payers. payme;lt o f ; "[tax on carriages and animals] G
printed ;111I; to bc filled ill, wit11 such informatiol~
resp!.c!i fig 112 carriages a;:d animals kept &[orused]
by him ;is i h.: "[executive authority] considers neces-
sary for the assessment of the tax.
( 2 ) Such table shal! be filled up with such infor-
mation i t 1 +v\.riting,and :;igi~('dand dated, and returned
within f ~ n jvei.1~
c of its ~-c:ct>iptto the ~ntinicipal office
by { I l r b person to who111 i t has bccn sent.
3 ) ( ~ 1 1ihc o f t l ~ eperiod of one wee
referred to in sub-section (2), the 2rexecutiveauthorjt
shall caiise a notice to be served on such pers
i-;m to pay within fifteen days of the d
of ;rich service the sum f t ~ which, r in the opinion
thz "Iciccu(ivc nr.~thority) ; i ~ c h ~ > C I ~ ~ Si s) I II j k h J ~
:rcc:i of r I;rr on c ; ~ ~ . i . ~ : k ! . l: t *l lsd : % ! I I I I I ; I ~1! ~ ,
- .-- - --. , . - ---
. --. -- . -. _... . , . ___.,__
J -j->::; , , ; v, 3 5 on?iztC<
~ ? r < j .,lj ~ c c : ~ ~ $> {ii)
I I <>f t]%eM
1)ist rict hfanicip;tlitie~(Third A!nendmcnt) Act, 1942 (Madras
"V\'
,VlII of 1942') re-enacted pe rrnal-rently with specified mo
c a t j ~ )by, ~section
~ 3 of, and the S c f ~ e d t l l eto, the Tarnil Nadu
(:n;t~tirtg(No.f l l Act, 1948 (T;)~11il ~V3dilAct JX of 1948).
2 ' 3 ~ \ s~ l !~l r c { were
~ s~ibsfjtt~tcdfor f h \jjol.(l ~ &ajrm
hys~.c!ion17 ( 1') ~ T t h cMadta.s I y i s ; ~i ~ hft~11icipn1i~irr
l (,i$n!citdnr
/,,ct, 1333 f !cln.!r.i.; A c t XZ/ o f I ' I . ; ? ) .
3 These W:,I-CI< M-IC s~ibstitlltc~l FOI. tllc 1 carrias 6 b
- _ _ _ I -
- - _ -_
--
- - _- - - - A _
1920:T0N.Act1'] 695
Distl-ict Munici~~:~l~ties
___-I_--
contain& in
'[(l-A) No twitha tanding anything
I
sub-section (I), n- p5:scn shall bc liable--
I
(u) to municipiility ditring any
~ thc
I I R Y ! ~t?o
half-year on accour.:, of ar:y cart in respect of which
the tax for the same half-ycsr has already been p ~ i d
to the municipality !:ry sorne other person ; or
( b ) to iray to the tnutlicipality on account
in respect of whidt tax has already
ally other munidpa!liy or any local board2 or Canton-
ment Board, whc-her undvr this Act, the Miid
Municipal ~ c t 1,119*, thi 31Tamil Nndu] Loca
Act, 19204, or the can:~nli7eilt~Act, 1924, more t h a n k
the excess, if any, of the tax payable in the mu
pality in respect of such cart, over the tax already
to the other municjp::lity, the local board2 or the Can- of 1924
tonmcrlt Board, as the case may be-]
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4 -
nt
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1 TIli, sub ~ c c t ~ oWf i ~ !t!*'-~.ted
S by section 12 ( j l ! 0s the Madrnr
District Municipalifi:.. ;Tf'i!rci Amcndn~cnt)A c l , 1 v 4 2 ( M a d r a s ~ c t
YXXVlJl of 194?).rc-cn:.c~rdperrnanrnt;? with sy,pcjfiFd modjfira-
tiolls bysection 3 of.it,lO tilt: S:hcdu?c to. thcTallljJ Natju Rewenact-
ing (No. 111) hc:, I" ' 8 c ' i ' , ; i ~ ~ j iNaciu r ; c I* i1jL!8),
Now district board
These ~ v o r d s\\'c -: ;u;~i~:;iitcdfor tl;e \iord '. >fadt ty the
*be 9.
Tamil Nadu 4 d n ~ t ? . ! 1 o r L d ~ Order. s :)' 1569. a, .l~jendcd by
Tdmi! N n d u - - l d l ~ - ? . ; c *o;i~L a n s (Ss;>nd fiirtxn: I Crder,
1969. \&hichCame in:1. ' ~ x , < . 1'2 14th .!rinl:arv 1069.
NO)*tll,: Tamil : !nt:~t f i i \ l r j c t Eoerd- [ict, 19:n (7 a m i l Nsdu
Act XIV of 1920).
These wolds \%'Wes!lb .titutcd for the word ~ ~ c h ~ r m w a by
n
section 17 ( 1 ) of the Ma-6-IS District Municipalities ( ~ ~ ~ ~ d
Act, 1933 (Madras Act XV of 1933).
* The short title of f his Act has now been amended as the
City Municipal Corporation Act, 1919,
Madra
a
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--
-.- a
=-*-.-
LI
Prepayi-11:nr '1 106 A. Wlierc the '[Tami I Nadl;] Hackncy Carriage Warnil
0;m ~ t i l i11.i
~i
Act, i 9 1 1, is i 11 force in any nscn of a municipality, Nadu]
tLiX1 ~ i ) ~ l ' j ~ i i ~ ~ i l
Act of
pl.si;:deilc tr) ~ x r s o nappointed. to pcrii)~.lnthc fiuictions o f tho 1911.
t,hc
registratio11 Commissioner under the said Act in respect of such
u~zder
2[Tamil N a d ~ t l area shall, bcroi-c registering ally hackney carriage
Act V of thcrcundcs aatisry liimsclf that thc mi~nicipalcouncil
1911 has received payment of thc tax, if any, due ur,der
section 98 or section 105, as the case may be,
on account of the last preceding half-year and the
c u r r e ~ half-year.]
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I
i
i
.- . . -.. -~..
. (
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*
............
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.!.
.,. * -1!..
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J
1
.I.
,1.
1: $3
Pj/gi* t uK.
for
I Theqe wor!'s were ~ ~ ~ b s t ~ i t ~ e d W O ~ C' ycllairrrl311''
u tthe ~ hv
'
section 1'7 (1) of the MaQ rap District Municipalities (! ' ~ ~ l ' ~ ~ l l 1 ~ 1 ~ t )
A C ~1933
, (Madras Act XV of 1933'0
a Sections I , J to
~ 114 and headit~gthcrcto u'ci-s ol?Jil(:<by
Schedule 1 the Tamil Nadu Motor Vehicles Taxation Act. 1!I31
(Tamil Nadu Act III 01 1931).
3 Tlze heading < < Surcharge on th,c income-tax '' ""5 omiticd by
and Second Schedule tc, the Tnniil Nadi! R epcliiing
1q55 (T;\mjl Nadu Act XXXVl 01 1!j55).
This section "as o&ittcd by the Adaptntiori Or'!" fir 1937.
(1)
RS. A. p. RS. A. P,
or first-olass tiokets
or gauj-:l;~ss tickets
..
..
.. ....
." 0 8 O
t 4 0 11 fl
Par i n ~ & i a e. , t:;i=;l;
#%pr $#+jr$.-:',kb;. B: r:t>k
-- - .-
1
-- -- .-
____I---
_ _ ________
_ -- -- -- - -- - - ---- -- -- -
subutituted for the
Order of 1937 and
jal " by the Adapta-
-
1
-
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I
assessment 1 6 - A . daty oil r s pl-opesty shall
t r u ~ ~ s f c of
of duty 011 be levied -
transfers
of property* I*.
( a ) i r t~h u f o ~of
~ ai surcharge
~ on the duty imposed Central
Act II
by the indlan St:lmp Act, 1899, as in force for the time of 1899.
being in tho :%[Si;:!c of Tai~iilNndu], on every instru-
ment of 1116 C ~ C S CpS t~ i i ) ~sp3ci
~ licd t)clo\v, w l ~ i c li.elali-s
~
to immovable pi-crp,:rty situated within the limits of a
municipalit; ; :;mi
- * " I
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a<.",;
i.,
!,d $$:
.s.'.+
-<:.
".,5
"
6
;
-
not inconsistent with this Act for regulating the collec- regarding \ ,
tion of the duty, the payment thereof to the municipal andassessment
collec- i
,,ncils concerned and the deduction of any expenses tion of trans. 1
.
dule to, the Tanlil Nxdu Re-emctlng and Repealing 'No. I) Act,
1948 (Tamil Nadu Act VII of 1948)-
*his word wa; substituted for the word "Provifl;ial'
by tile Adaptntioll Order of 1950-
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District M
(2) The council may ca
supply of water to be mdnt
water, or it may close any s
other such works and may cause then,,to be maintained
and supplied with water.
- -- -.._-__
'[(4)
* I * * * * * 3
Private water-supply for non-domestic purposes.
Powel of '11321. The "executive authority] may at his dis-
executive cretion supply water for any purpose other than
authority
to supply domestic consllmption and use on receiving a
water for written application specifying the purpose for which
aon-domes t.ia
purposes. such a supply is required and the qu.ar~titylikely to
be consumed.
I
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. A
134. (1) The "executive authority] may cut off the Power to cut
supply of mur.icipal water from any premises- off water-
supply*
(a) if the premises are unoccupied;
(b) if any wa ter-tax or any sum due for water
for the cost of making a connexion or for the cost
or hire of a metel or for the cost of carrying out
any work or tcst connected with the water-supply
. . which is chargeable to. any person by or under this
Act, is not paid within fifteen days after a bill for such
tax or sum has been piesented ;
(c) if, after receipt of a notice from the "exe-
cutive authority] requiring him to refrain fi.oiil so
doing, the owner o r occupier continues to tlsr the
water or to pe1-mi.t it to be used in contraver~tiol~ of
any by-Lw made undcr this Act ;
----- - - -
1 The words "P~.ovincial Ciovcl-nmcnt" were ~ubstitutcd for
the words ''Local Govc~.nmcnt?'by the Adaptation Ordcr of 1937
and the word "Stat c" was substituted for "Provincial" by the
Adaptation Order of 1950.
' a These words wc1.c substitl~tcd f o r thc word "chai~~rnan''
, by section 3 7 (1) of the Madras District Mut~icipalitic~
(Amendment) RCL, 1 93 3 (Madras Act XV of 1933).>
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i
2 2
, .%"<',i
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'.I
Public drainage. .
.disposal
The municipal council shall, so far as the funds
may admit, provide and maintain a suffi-
Mai~~taance
of system of
drainage by
system of public drains. council.
Private drai~age.
138. All house-drains whether within or witlzout the Control
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i
point on art:? premises 2[or if within such distance a
public drain or outfall is about to be provlded or is in
the process of construction] the l [executive authority] .
may by notice direct the owner of the said premises i
to construct a dl-niil leading 1hercfi-om to such drain i,
I or place of ouifall, and to zxecute all such works as
may be 11ecessa1-yin accordance with the by-laws I
aud regulations at such owner's expense. 1
."4
(3) If ally premises are in the opinion of the '[ex*
cutive authority] without sufficient m s of effectilal
drainage, but no part thereof is situated within one
hundred feet of a public drain or its place of oulfd,
the 'i-executive authority] may by notice direct the
owmles of thc said prcn~isesto construct a cess- pool or
septic tank or filters of such mnaterial, dimensions a d
Jnscriptmon, in such position and at such level
as the [executive ctuthoritd thinks necessary, and to
construct a drain 01- drains emptying into such cess-
pool, tank or filic1.2:md to execute all such works as
.. ,* .. .
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Provision of
145. The council shall, as far as the funds at its
public disposal may admit, provide and maintain in proper
latrines and anu ,~nvenientplaces a sufficient number of public
urinals. latrines and shall cause the same to be daily cleansed
and kept ir, proper order.
Private latrines.
Provision of 146. (1 ) The '[executive authority] may by notice .
latrines by require the owner or occupier of any building
owner
Or occupier. within the tirne specified in such notice to provide
a latrine or alter or remove fkom an unsuitdble t
more suitable place any existi
ante with the directions cont
for the use of the persons e
or occupying such building
and in proper order.
(2) Every owner or occupier of the ground
which any group of six or more huts stands
provide latrines of such d
and in s lch position as the
may by rrotice require, within such time as may
fixed in the notice, for the use of the inhabita
of such huts.
..
**
Prohi bition
against of the I;cxecu 1ivc autlux-itv1. make any connexion
making with any mi nicipal cable, wire, pipe, drain or channel
connexion or with the house coililexion . ~ anyf other person.
with
mains (2) The llexecutive authority] inay by notice
without
pomission. require any cannexion ir,ade in contravention o f ,
sub-section (1 ) to be demdished, removed, closed,
altered or. rcmadc,
Poyers in 152. (1) 'rhe nlunicipal council shall not u~~dertake
respect of new works beyond the limits of the municipality
works
outside the t sanction of t l ~ c '[State Goverl~mentl.
w i t h o ~ the
municipality.
(2) The council may in tilr csccution and Tor the
pilrposc of a!-+ works beyond the limits of the
municipality 5nnctioned by the '[State Govern~ent]
whether befcxe or after the passing of this Act,
exercise all t h e powers which it may exercise within
the municipality througlloilt the line of the country
throilgh which cond~its,channels, pipes, lines of
post- snd wires 2nd the like rull, and with the sanction
qf the -[State Government ---
1 These words were substituted for the word " chairmall "by se
tion 17 (1) of t hc M ridras District Mullicipalities (Amendment
Act, 1933 (hfadras Act XV of 1933).
2 The words ci t3rovi~zcialGovernment " were substituted
words a Local Government " by the Adaptation Order of.1
the word " State " wa(; subi.titutec! fcr " Provincinlw by the
tion Order of 195O.,
,
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CHAPTER
Vlf 1.- -SCAVENGING,
153. Every m~inicip;t!council shal! make adequate to
Municipali tr
arrange
arrangcm~ntsfor for the
removal of
(a) the regular sweeping and clea~lsi~lg of the ...lbbish
streets and removal of sweepings therefrom ; and filth.
(b) the daily removal of filth and the carcasses
of animals from private premises; and
(c) the daily remov,lJ of rubbisll from dust-
bins and private pre1nisi.s ; and with this object it
- - - --
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.nyNOcartpersc..l ~!?:~ll,
or receptacle
the removal of filth, Prohibition
;n.
not iiavii~gn covering ~ ~
@
~ ~
er for preventing the escape o t contents cart ,ithou
or of the stench therefrcm, or inte11tionaU~
gently spill any filth in the removal thereoc ,,$
cover in the
etc,
carefully t:o sweep and clean every place in
any such filth has been spilled, 01. placo or set
in any public place any filth whether in a
CHAPTER
IX.-STR~TS~
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+
Provided that,inaIlycaseinwhj~l~itis decided
to acquire any land under clause (6) of this cl1b-
R , owner of such land may ic(aii3
S ~ C ~ ~ Othe jt by
paying to fhe municipal cou~icil an a ~ i ~ l ~ lsu~lj
nl to
be fixed by the council in that behalf, or ;I imip
to be fixed by the council, not being less t!ian twentv-
five times such amua! sum and subject io
Sucli ccnditions as tl:c council thi~ihs fi; ;IS to the
remoral of the existing bniiding, if ,iiY, th,, &scrip.
tion of the new bilildi~?g(if any) tr be ei4rctcd the
period within wh'ch tfw new buildipg (if ally) ;hall
be completed and any 0 t h sirnil,, ,-f~,trcr-s.
(2) If any sum payable in puisu;i,ncc of the
provjso to sub-section (1) in respect fif ahy land be
not duly paid, it shall he overabl able i;; the manner
provided by this Act fcr the collsctio r . 0: ,,I ;lnd
ifnot recovercd, the jcrccut ivc a,: {lo,-if) 1
enter upon the land, s17dsell it, with ::lly ciections
Standing thereoll, by public auction sljbiec: to QG
conditions, if any, inipcscd under sub-icciion 1)
above and may deduct tile s;:id S L ?afid
~ (he ,:,peilses
ofthe sale from the prccecds of the s~ ,!lad sjlnil flay
the balance (if any) tc t hc i.:~;;;,,.
1 ---I--_
- -- -- - --__ ,.
' 1 These ~ m d were
s s ~ b i i i t ~ i t cfor
d the word .6c~rirman. by
section 17 (1) of the Madras District Municipsj:Lies (Amendmcnt)
AN, 1933 (Madras Act XV oi. 1933).
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< ,
, ,
I
328 ~ i s t r i c ?vl
f ties
. ,,
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730 e s :T.
i,j.;tj*tci ~ k u ~ l c i ~ n l i t i[i92O N o Act 3 "SI
(4) When a;ly building is set back in pursuance J
t
of any requisition made under sub-section (I), or when I
E ~ ( ~ ,iot7.---The
~al expression 'direct damage' as
used in sub-st:ction (4.) with reference to land means the
market v a l u ~ofthe land taken and the depreciation, if
any, ill the ordinary market value of the rest of the land
resulting from the area being reduced in size; but does
not include damage due to the prospective loss of any
particular use to which the owner may allege that he
rntended to put the land, although such use may be
injuriously afTected by the reduction of the site.
8
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- ." ...
..
k; tc:c:. 1
i:
& 4 ) Such sanction may be refused-
'.
i) if the proposed street would d i c t with
ngemcnts which have been made, or which are
pinion of the council likely to be wade for
g out any general schetne for the laying out of'
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734
the street until orders have been ;j;~ssedupon receipt
of suslt. inforlnat ion :
Provided that the passing of such order $hall not
in any case be Ltcltty-ed for more t h a 41 sixty days after
~ ~ rcceived 311 thc information which it
the C O U ~ I C11:s
considers 11ecr:ssary to enable i t to deal finally with
the said npL.91ication.Any o l ~ j iccalbn
i not disallowed
within a period of one hundl-c~1and twenty days from
the d m of rcccipt in the milnicil~:~lo f i r c &all be
dee~nedto h;ivtmbcscii sarzctionccl.
Alteration or
demolition of 177. (1) If glly person snakes Or lays out any
street made street referred t6 i n sectio~~
176 without or otherwise
in br 3ach of
section 176. than in conformity with the orders of the council,
the '[cst.cutivc :~Llthoritylmay, whcthcr or not the
offender. bc pro:;ecuted unde~.this Act, by notice-
I
Power of
executive 178. (1) If ;ny private street or part thereof is not
authority to levelled, paved, metalled, f laggd, channelled, drained
work
to be carried conserved or lighted to the satisfactiorl of the '[executive
_l-___-.---_ ---- - -_____
1 Thcse words were substituted for the word "chair
section 17 (1) of the Madras District Municipalities (Am
Act, 1933 (Madras Act XV of 1933).
- - - -...r.-.l.----..
..
-. .
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authority], he
- - may by cotice require tlte owners or
occupiers of buildings or lands fronting 01. abutting I
3
tive authorit3. - 'a,
<\."
, p"
. -!:
. If any street has been levelled. paved, metalled, owners
Right of
to
g*
flagged, channelled, drained, conserved and lighted require street
under the provisions of section 178, such street shall, to be decla&
on the requisition of not less than three-fourths of tbe public.
owners thereof, be declared a public street.
E~~croacllnze~zt
on streets.
*
80. No one shall build any wall or erect any fence Prohibition
other obstruction, or projection, or make any winst obstructions
oachment in or over any street except as herein- in over
provided. streets.
2[180-A. All streets vested in or to be vested in Public streets
0;. maintained- by a municipal council shall be open Ope*
A 1 l
. .'
.
?'
'
. to persons of whatever caste or creea.j
-
1. (1) No door, gate, bar or ground-floor wlndow Prohibition
without a licence from the '[executive atlthority] of
anddoors,
re~lation
be hung or placed So as to Open OUtV?arUs upon any pround-fioor ..+.A ---:-3
wlJluuwa a r r u
- - -
bars obening
E
#i. .* (2) The [executive
- authority] inay by llotice octw&ds.
r 4 . 1 3 - --- *.-
require the owner of such door, gate, oar or wlliuow
. project over the street.
.
to alter it so that no part thereof w11en ope11 shall
-- - _ - -- - - .-
? These wards were substituted for the wold .' chairman" by
ion 17 (1) of the Madras pistrict M,:nicipalities (h~nctldmncnt)
1933 (Maclras Act XV of 1933).
This szction was jns:rted by section 2 of thc M ~ d r sa
trict Mgnicips!ities (Am:ndm:nt) Act, 1929 (Madras Act
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Naming of streets.
council shall give names to new NarqinOof
s and may alter the name of aqy public pub'lc wee':
Nunzbers on buildings.
. (1)to beTheaffixed
'[executive authority] may cause a
to the side or outer door of any
Numbertng
buildings.
oj
Gcnri.ril powers.
.
position, materials and methods of cons-
( j ) paving of yards
(k) restrictions on the use of inflammable
terials in building ; and
in the case: of wells, the dimensions of the
manner ol' enclosing it, and if the well
particular s be allowed,
r ~ o ~ ~will
; i ) c ~ ~ ~ t i nbuilding
streets or
localities
i t i cicvation and con~t~ruction of the
frorltagc o f ;ill !,uildings tll~c:-cnfterconstructed or
reconsltrucl .:d $hall, in i.cspcct of their architectural
features, be s ~ ~ casl i tlhe council may ccn+ider litable
t o the localily, or
( b ) that in any localities specified in the notice,
I
t h e ionstruc*ion o f only detached buildings aJillbe
alloweci, or
(c) thatl in any streets, portlions of streetls or
localities spccificd in the notice, thc cotlstruction
of shops, warehouses, fiictories, huts, or buildings
of specifid architectural character* or buildings
dest i ~ e dfor na:-ticulm uses will not1 be allowed,
witl~outfthe special permission o f the council.
permission.
windows and
bars so as to
open outwards.
Buildings other than huts.
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Period within 200. Wi! hi!: illisty days aftcs thc receipt of any
*hich executive appI i c ,I- t * 117~tdcunder seciion I137 foi- appioi?al of 4
authority is to '
signify a site or 9 r n~:y:.i.hrmar,ic;n or ,l~r!her i~iforination
approval or required u ndcr :.u les or by-laws, the z[execctive
d isapprc;v:;l.
; ~ ~ l t h o ~ - i3t v i 1 by wL:.... r :i4bei- appmw the
site or i.e?ii::c o n o:lc or more o f t !:e grottnds maltitiondl
in se!:ri:v? ?C> approve ~ I l csite.
Period within 201. Witliiii thirty days after the receipt of any
ijm I-Q:I~C under scctiou 197 for permission
which cxecut ive ilpplic~t
autlzority is to
#rant or ~ l iof
to execatc :jl:y viork or of any i ~ i h ~ r n a t i or
i o ~ ? or d u c u ~ ~ e n t s
refuse to grallt 'docurncnts c 1- f~~t-tiler i~~fi:,rnxtt
permission t o
~ requirrd ulldcr rules or by-laws, the '[exesutive
execute w o k.
authority] shall by written crder either grant such
I
parmiasion oi* refuse on one or more of the ground8
mentioned in sect ion 203 to grant it : 1
-- -- - --
adtlcc: 1.y section 101 of thc Tamil Nadu
I 'ri~isEupfXn,,ri:w ; ~ a s
District 34~1nicip:*~;t
ie~litmeiztinrcrl t ) Act, 1930 (Tamil Nadu Act X
of 1930).
VT~IC~C wclrdc were substituted fc*r the word " chairman" by
section 17 I1 ) of i.11~ Madras District Municipalities (Amendmaat)
Act, I933 (Madirs Act X V ~f 19331,
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31.by-k1.v~; i
(4) that any ir~formatioilor documellts reqliired
by the 'Texecutive authority] uilder rules or by-laws
has or have ilot bec~lduly Fii r~iisl~ed ;
( 5 ) that streets or roads have not been made as
required by section 175 ; 0s
(6) that the proposed builditlg would be an
encroachment upon '[Government or municipal
laud.]
5
t
Lapsc of r04. If the construction or reconstruction o f any t
authority
to require
alteration than in accordailce with the
(a) is otherwise
of work. plans or specificatior~swhich have been approved,
I
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~ u be
y
-cfuse.i. specified provision of any
isule, by -law or declara-
i
ariy I ~ ;w E
for permission does not b
by section 175; or
5) that the proposed building would be an :
49
4
-". . -.. --
-..
b\\ *
,
\. **
, ' \ -. .> -- .
.- " .\ % * . \. .
*
+. - ... -.
- .* ". 11-
not be confirmed.
Exern4 tioVA.
tions.
---- -----
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1 , . s ~ r ; r c ~ ~ ~rree.y ~ . ~ places.
i ~ ~ cand ,
~ r e c a uiovt
t 219. (1 j il :illy tree <I;. :illy bl-nixci~of a tree or the
in case of fruit of 3'1)' :: ee :1ppe::r:; to tllc '[executive authority]
dangerous
trees. to be iike!~to fall and tiurcby endanger any pmson
oi aiij itr:~cturo, thi: '[executive authority] may
by lot ice ;eyuire the o':.ncr of the said tree to secure,
!OF i ? ~;:: b w . n :I,- -.:'.I vet. so ns to prevent any
2
- - -...- ---
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by
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- - ----
$:or before the period of such no&: expires, secnr-,
Y
?,.ndinhbourhood
-ye--------
thereof or creatm or is likelv to
-
: '[executive authorityj may
,* - - A --
eisoa having control of the 7
-- said quarry or place to discontinue-~or- the same / $$!
1
:lin~icipa/ilie.s*
~)i,sli*ia 11920 :T.N. Act V . $
Precautions 222. (1) The 'Lexecutivc authority] may by notice
against fire require the owoer of any structure, booth or
partly or elltirely composed of, or having any
nal roof, ver:2ndah, panda1 or wall partly or en
coniposed of cloth, grass, leaves, mats, or other hi
inflammal .le nlaterials to remove or alter suc
booth, structure, roof, veralidah, panda1 or
may grant him permission to retain the same o
such conditions as the '[executive authority] m
think necessary to prevent dailger fi.0111fire.
(2) The '[executive aul hority] may by notice
require any person using any place for the storage
for private use of timber, firewood, or other com-
bustible things to take special steps to guard against
danger fsorn lire.
(3) Where the '[exec~iiiv~. J is of opinion
ili~ti~osity
that the means of egress froin any building are insum-
cient to a l l ~ wor safe exit in tile elicl~tof fire, he may
with the s a ~ l ~ t i oofn the co~tncilby notice require
the owner or occupies of the bsilding to alter or
rccollstruct, ;my staircase ill. S L I C manner
~ or to provide
such additional or etnergcncq staircases as 11e n ~ a y
direct ; nntL whcn arly buildins, booth or icnt i s used
for purposes oi' public c~ltcrtai~u~~cnt ilc rnay require,
stlbject I J 5ucll ail^^;^,, .i :!Tc.;*~ts?id. tllat it shall be
provided 1 1 an aclec1u:iic number of clearly
indLatai cxii.. so placc~l : i i ~ t . t n~nintaiix~tl as reddily
to alYorl.L ;i:c audience :ii?li?!ikn~eansid' safe egress,
&at t l ~ cscoting be s o ;l~-t-al~ged as 11ot to interfere
with f'rie :i~ci.ss to tho exits ancL that Gangways,
p;lst;;ijrcLs.%~fulst airciiscs icatlins to the cslts shall
d~rri~l::tl tc pr-cseilclre of t lie pilhlic be kcpt clear of
&-
0115t I L K ~ ~ Oisa
J. I
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Xcjaptrrtirn~Cli*di:r or 195C'.
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. ..
.. .
y a b s o l ~ ~prohibitiior~.
tc
226. (1) *he '[execti tive authority] ni;ly by m - ~Cleattsillg t l ~ ofe ~ ~ ~ ~ ,
squire the owner of or person having contj-- l over ,,,i,:,tetnuk ',
any private water-course. spring, tank, :veil 0 ; ntllel s.el1 usrd for <.
I Y flinr- dri1ll.ina.
p1ac.e. the u7afcrof' which 3 ied ft?r 6. i:!kjpg. ? , ,-.
or washing cIntEc. to i:.-ep the same i l ;:piir
and to cleanse if of silt, refuse or vcsei:itinn :und t o
protect it from palllltion by surface draiolcge i n sucl~
manner as the l[executivc nuthority] rnrly think fit.
(2) If the water of ally place which is used for
1 drinking, bathing or washing clothes, as the case
:. may be, is proved to the satisfaction of rile lrexecu-
. . tive authority] to be unCi
, e i:l~puzpose, the '[execu-
tive authority] may by notice reqoirc tlrc owner or
person having cr ntrol thereof to-
7., )
11' ;I sL:fficic~lt
I - I urns!?-houses
or piat -5 1101 i i ~ ~ ~ sub-section
der (I),
the c.oilnL>jJtllay \viibou! making a tly charge there-
for aj>pc~ic t si~itablcplacci for { ho cvc;-eke by washer-
men of \h::irq calli~~g.
,,
4 . \
,
any building i s so
; t
, I
I
i. . s
demolished
t 1 , allo-
I
, I ill i!f:i4s~ri~!~~~l~g
11?.31fi% 1110 colllpen-
$,,11 101 t i l t bcneht :kccrltiul; 14. tho in onliicb ~?OI.II
[ I ~ C i ~ i ~ jict11~:13[
>l, il~ci-~~~i',
r
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- ... -* ,.. ,
Djh~i.-;
i\gimic@aip ti~;
-w
: I.
--
&+
'",> -
bof -
the decision, and the l[executive authority] 5%
:I& t
'* .$.
bnsiders that it can Gc so made fit, the [executive ' .A*
?wh%5
: 0
Abe
, (1) If it appears to the 'lexecutive :iuthority] of a.wa-
any d welling-house or other b uildii~g which crowding in V'
Y Y ---- --w-- --
&&ay apply to a magistrate, to abate sucli overcrow-
in9 ; and the magistrate after such inquiry as he
ks fit to make, may, by written order, require
te owner d the building, or room, within a reasona-
le,time not exceeding four weeks to 'be specified
l sthe said order, to abate such overcrowding
;'ieducing the number of lodgers, tenants or other
(am of the building or room, or may pass such
erbrder as he may deem just and proptr.
--- ---- -
Xf 1 ,-LICENCESAND FEES.
CHAPTER
[General exemption.
2 [244. Nothing in this Act or i;l any rule, 5y-law G~b"llfi"e"c
and market
or regulation made thereunder s11:~:ul be co~istrued wmnittees
as requiring the taking out of anv licence or the not to
obtaining of any permission under t l ~ i sAct or an), obtain
-.- -- --- ----.---.---- -- -- and
pen~~iasions,
1 These words were silbstituted for the word "cllairrrlsru"
by section 17 (1) of the Madras District Municipalities (Amend-
ment) Act, 1933 (Madras Act X V of 1933).
9 This heading and sectlotl were substituted for the 0t.iginaf
d section by sectioil 14 of the Madras District
Iities (Third Atncndmcnt) Act, 1942 ( M a d r s Act
of 1942), re-ctltictec! perma ncntl y wilt1 specified mc-tdifi-
section 3 of. and tlie S c h e d ~ ~to,
l e the Tamil N3ct ~r
o, 111) Act, 1941 (T;bn7;1 Natir~Act TX of 194f"t.
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I,ice~.~ces
for placccs 245. ( 1 ) 71ic owner or occupier of ally stable,
in which veterinary infinnary , stand, s h d , yard, or other
animals arc place in which quadrupeds are kept or taken in for
kept.
purposes of pro& 3[shall apply to the
authority for a licence not less than thirty and
more than rinety days before the opening of
place or tho commencement of the year for
the licente is sought to lx rel~ewed, as the
may be].
(2) The [cxecutivc ailthcrrity] znay, by an order
and under s u d ~restrictions and regulations as he
thinks fit, grant or refuse to grant such licence :
Provided that this section shall not apply to
any such place licensed as a pla~e of public ent
mcnt or resort under the [Tarnil Nadu] Place
of Public R.ecort Act, 1888.
____-__-_ ___---
1 This word was suhstituted for the word "Provinciat" by the
Adaptation Order., 1950.
-? This word was substituted fctr ''Crown" by ibirl.
:I These wonis were substituled fur thc words "silall ilz the
rnonth of every yc:tr, or in Ihe case uS n p(:~cc to bc newiy ope
within one mc*ntll before tile 013~11irrg of such place, appl
executive arithtrrity for a Ikcnze for the use of the same
such purpose of profit9'by section 15 of the Madr
M~~niciyalities(TkLird Amend men t) Act, 1942 (
>;XXVTII o f 1'-143,)- re-enacted prrmnncntly wit11 spccificd modifi-
catiorrs by s c c t : ~3 ~of, ~ and the Schedule to, thc 'I'lzrr~ilNsdu Re-
er)ac:tix~g(No. I [ I ) Abi, 1948 (Ta~nilNau'i~\ct ZX of 1948).
4 'Fhcsc ~ ~ o i ~were d s substituted for iile word "chairmau" by
section 17 (1) o f !he hqzldrus X)j$tricl Municipalities (Amend-
ment) Act, 1933 ('l~dras l Act XI' of 1933).
" T11e wc rtl 'b?+l.:urac'i i r , , I , , ..,,,,c.t Ijl:: i','as itlscrted by sectio
f 1.11, .tlicl II!," S";~L:OII~ N~lditRepealing
! k f l c ~ l \ t l c ' 10, [!kt: I'3ff'~il
1 i L 'f.;G (?'nrnlk X,.ct!~i 4 c t F;=<VI of 19tjG),
111e N G S ~, , :n;eited an4 the ~;ijrd'Madras" iu the cita
t t ~ r l;vozd:, "I'trnil Nadu" 'vl .:?f: s~ibstituted by the ~a
Nadu AJ,lpt;tf born of Laws Ordci, 19G1,as amended by the Tam
Nadu Adaptarion of Laws QSecunttAr11endn1er.t)Order, 1969,
* See nolv the 'I'ajnil Nadu AgricuItural Produce Markets
1 9 3 ('Tamil N-idil A c t 23 OT 19;ic)).
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[248. * * * :$
1
___..-___
,' .. -4 i l ' . .
8
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Purposes
for whkh
. j - C . I L I ~ ; ~wtilicaiion
places rnay ill c\i ,;;.ici y;kzctlv b y i>c;\I, of d r u m tl12t no
not be
used witlr-
, j $3 p I i L / 01-:tt a tlistancc with-
"
out licence.
i l l lilL.-c I I I , ! ~ ~ S L L C iirnitd
~~ &ti1 b ~usst1: f any
uc ill-i,Lo,+; i - i i . tile pLlrlx,ses sj~e~ificd ill Scli~clulcV
witllollt 1 /licencc t x I' xhe exccabi~~eauthority]
csccpt i 9, accc>l*ita!lzLbwit 11. 1 he cortdi.1ions speci-
'I
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- ----* "--I
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: TJ''J. Act V] Districr . I ; l u ~ i c i p ~ l i t i 771
~~
--I--
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! Go~rcrnmei~t"
I '.rlie word5 ''Vro\~i~lc;ia were substituted for the
words c6LocalGovernment" by the Adaptation Order of 1937 and
the word "f.;t:rtcV was substituted for "Provincialw by 'he
Adaptation ( ~ ~ d of c r 1950.
8 These words were substituted for the words district medical
6'
Step now the Factories Act, 1948 (Central Act LXIII of 1948).
1
'7
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-.-.-- ...*
+;*"# **z- -L
- . ---
- - -
>- L----
-..-
. -
- - - - _- _- _ -
r l r I
- - -
- - -
damage or inconi:i,ieccc c ; ~ r ~ a r i i ,c- ~ i iC~ 2;i 1 7 ;
exercise of powers under this section or by t k - 1 1 sof ~
any ;"arce necessary for the purpose df effccti~lpall
entrance under this section.
--
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*w*-: # *+ -
* *-r,rcc.
-2-2
- H A -
- -.--- - - -
. L
. -...
2 4 . . < *Z-i>
authorize any person to slaughter. without l l r e n c ~ a
1 These words \,vere substitilted for the word " chnirnian " by
section 17 (1) of the Madras D:'strict M ~ ~ n i c i p ~ i l i t i c( A
s rnencl-
ment) Act, 1933 (Madras Act XV of 1933).
This word was inserted by section 109 of the Talnil Nadu
District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act
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778 D i ~ t r i c t Muni~ipalities [I920:T.N. Ac
- ,.
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., . " -- . e ~ .. .
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265. (1) Tf any pcrson after notice given to him it, suspension or
that behalf by the coiincil fails within the perlcd alld refusal of
licence in
in the manner laid down in thc said notice to carry w
, .. .
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iccher's,
' " fishmonger's
ger and
-- ..-. - poulterer's
usn lllIcDdLd for h:!~:acl f ( ~ g djr
.
~?j$.;p_r? ,:j..-::r .. - -*, G. * --:*-id
, :
. -- --
*
.* . _ licen~';
- - - L
'r -
1 % .
ofewh jjrnlt ;:
L_
. --
These words were substituted for thc wor
section 17 (1) of the Madras District Municip
Act, 1933 (Madras Act XV of 1933).
. '.
-,
1
-* .
.. ... . - I, .-- . . .
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-
-- -
- 1
d
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<* Power to
destroy
276. (1) When any animal or article of food
article seized under section 274 it may, with the consent
seized. thn owner or person in whose possession it u
be forthwith destroyed in such manner as to preve
its being used for human food or exposed for sale
and if the article is perishable, without such con
(2) Any exptnses incurred in destroying
. a, s*Ce3rC m: e
-
2% a,
W
.
-
--@
2.- AM-
'
such kind or in such state as is descri
274 he may order the same-
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ct V] .District ~unicipalities 79 1
5 -
L I* J
c~~fir~eliess
01 this Act, as it place f'ur burying, b~lrriing,b , for
otherwise disposing of the dead shall, if such place disposalof
be not already registered, apply to the cou~~cil to 11avc dead.
such place registered.
(2) If it appears to the council that there is no
owner or persoil having the control of such place it
shall assume such control and register such place,
or may, with the sanction of the '[State ~3overnment1,
close it.
ana powers
of magis-
trate to (2) Whether or not con
deal, w**h
"
.
.a -
magistrate of any ouence under the lnalaa renal:
m
aha
,-- -3.
Code or under this Act, if it appears to the magistrate
on taking such evidence as he thinks necessary that1
any such a~ima.1,poultry or fish is diseased, or any sw
article is noxious or any such utensil or vessel is 4
snch kind or in such state as is described in sectioq
274 he may order the same-
---.--
1 These words were substituted for the word '' c:1airmanu b y
,
section 17 (1) of the Madras District Municipalities (Amendment)
Act, 1933 (Madras Act XV of 1933).
s The words "Provincial Government" were substittited for the
I m r d s " b r t l Government " by the Adaptation Ordcr cf 1937 and
the word "State" was substituted for " Provincial " by the
Adaptation Order of 1950-
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.,
~ttrlct
surface of the c
no coffin is used,' is at a less depth than five
thesurfaceoftheground ; or .
(b) build o
?rave in any burialground at a less distance
fcet from ihc m:ugin of any other existing
(c) without the sanction i l l writing
'[executive authority], or an order in writ
magistrate, rsopen a grave already occupied ;
(d) convey or cause to be conveyed a c
W ---K -----
reduced to ashes ; or fa $4
p i s
. - - - -a - - ---
licence may be withdraw; or cancelled at the
of the council.
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CHAPTER
X?II.-VITAL STATISTPCS
AND THE
PREVENTIONOF DISEASE.
Dmgerous diseuses.
287. "Dangerous disease" means a disease specified Definition OE
in Schedule VI. 'dangerous
disease'.
288. (1) If any medical practitioner becomes cog- of obligation
medical
zant of the existellcc of -n:f .1?1?gerous dis~:isc in
ny private or ~ u b l i cdwelling (not bsi II:, a. public or owner or
ospital) in the municipality, he shall inform the occupierhouse to
of
executive authority] wrt h the least practi cablc dclay. ,,port
dangerous
disease..
(2) The information shall be cornn~u~! icated in
such form and with s ~ c hdetails as the "executive
authority] may require. The "execut;vr: authority]
pay a fee not exceeding one rupee for sach inti-
by a private medical practitioner oT a case
ng in his practice.
(3) This section shall apply to a hakcem or a
in such notice.
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." '..%',, ' .
:: >'.; :
suffe-i~g.
(3) No owner, driver, or person in charge
public conveyancer shall knowiagly carry or -pe$
'
District Dlunicipr,tities
- .
-- -
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.' -- W.*fS.
-$ >&#+r: . ' -*.P>yg?":%
.".&w%,
r+s'r , . ?' ,'.= < > ,"
therein.
298. In the event of the prevalence of any d
disease within the municipality, the council
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~ a bey tran;f,,. ,.JLy sde, mortgage, le
ge or ctherwise ;
X "1 . 2 3 ;r>ac;
the municiupal authorities or l[@flicersof the State
vemment] *[ .I to accord professional or
iaistrative sanction to estimates ;
-
may provide that a breach th
with a fine which may exten
This clause was substituted for t
(ivS of the Tamil Nadu District
-
1930 (Tamil Nadu Act X of 1930).
2 This expression was substituted for t l e expression Prepid
6c
, - . .
... -
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- - ". . - _ C
. - . :.- -
..
-2 u
-.*
?'*-?-- .%C - - L .
I
,
both Houses or the :,is:c Legislature. a1:u r i , beforc
%
* .
the expiry of the scssio:~i:i xr:i!chit is so ;..izcc.i!' o; the
next sessiorl, both 1-101isC:i agrco i ZI maK~i3g L L T ~ Y iil0J1- I .
---.
1 The words and figures " T h e power to make I - u I C ~undzr scction
30.3and the po\vcr to is+uc notifi~iztionsunder this A d arc " were
for tile words and tigures" The power to %II?CCrulcs L I I I ~ C I *
section 303 is ",t11c words " three weeks " we;c substituted for Ihc
words six wcclks" , ~ n dthe Dllowing clause (dl bas adtfed by
section 21 ol'thc M,ltir.a*; City !tl:~nicipal Corporatio~; and District
Mtinicipnlitics (Arnc~~dmcl~t) Act, 1962 (Tamil Nacil.1 Act 10 of
a $ (d) llvct-y 1.uli: t~~;tcic undcs section 303 at& every ~otification
issued under.t Ilix .Act sf] 111, .I(; -1,; i3ossiblc after it is m:id or issuccl,
be placed on tl~ct,lbte of both H O U S of ~ Sthe J,egislature, an l if, before
the expiry of the sccsi,~:~ in sv4ich it i.; =o ;,:ace3 or ti15 n ~ u st s j s j ~ n ,
both Houses agree i n making aily inodification i n any suc1.l ~*ilic, 0,-
effect only in srlctz mo3: iicd ':7r4nof'1): of na effect, a s the case nl3y be,
so however, that any quch lll.3(ii[i/:11i311 or alinl~llnenisl~::Ilbe withoar
prejudice to the v ~ i ~ u i of' ~ O I I CL I I I C I C ~t I ~ i t t1 . ~ 1 3
i y ii?;,*Liiii?g~)rc\~iousIy
ornotification."
The present scctioi~ ;v:: , ~~1k:~::1~~enti:r substituled for sxlion
304 as so ambnded by sacficzn 3 of' \l;c 'T'a.;lil Wadu i.?i~ti~~ct F+qulli~jl
palities (Amendment) Act, 19'72 (Tatnii Nadu Act 3 of 197: r. , ,A"
.* . a
1i
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-- ,
807 w
.!3) ~-lc/lf$~,sa
2 This word was s.tlbstil.llict! i'<,r. the word ''C'I!;ri ,k,j~i.h'' [jy tlie
Adaptaljorl (Arnend 111cl'lL)b.iixlt.-i. of ,1950.
s This word was s~i.)stjtiifecff ~ : . t h word ~ ' ! ? I v s " y the
~ d a ~ t a t i oonr d e r of J 937.
. , ,,.,
4 These word.:, V J ~ ii,si'.l.te<,
~ L . ...... a .
$.
-
drains ; 92
A
(d)for the clea11s:ng of house drains :
latrines
fK'r
- 1 - - tllc Irtvinr:
(\ a 1> ['or out of st~.ccts, ; ~ r l c i for
determining the information .and
u d
ersons cn~pl<>! cd in
he sale or exposure
eat, fish or provisions
spectioil and sanitary
articles inteilded fjr
---- -. ---.
-A- -
on 125 (iii) of thc 1 . l l l . i ;
dment) Act, 1930 I?iln;ri
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, 4. . *
, >
,*
!:. . -
: ii2r regis;;ari,;n of births, deaths
1. 1
;-2, i
marriages ,
' [(23-.4) for the training and licensillg of d
and midwives ;I
retrospective
supply of watcr to, bullumgs and water-C~GS~! -7 J-
,, entth- effect t o cenain
',#
,+53~
. . t i ~ c i ! j i*! ~
mllpit.:l~;i i
I'cnalty for
may-'[sub-ject t c I],..: ., c,f ; (1) i;fb"'c!'esof
L?y-l;it\rs.
uticle3;C)C?f
,.':'f'.;:) -;.;;'." - . I ; ~ ; .
, t :J. , : ~ .~
.s ~ .-,.
I 3 ~ ;:., ~. ~ ~
ment]. # . -#
, = ~
r- - - . -- .~ .-. ,. '
-A ."* .
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'.
816 District Mz!nicipalities
of those sections, sub-sections or clauses, b
inserted merely as references to the subject o
sections, sub-sections or ckuses as the case may
. ~
. ,.,
. ... ,
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:
District Municipalities (Amendment) Act, 1930 (Tamil Nadu lkct
X of 1930).
a The words Provincial Government " were substituted for the
s8
!I W O ~ & " Local Government " by the Adaptation Order of 1937 and
tba word " State " ww substituted for '' Provincial " by bythe Adap-
. CrtionOcderof1950.
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818
m.a-..g;=:ma
1
t?(l:1) Saf *
Thesl: words were substituted
3dadIasn
-.--. _ ._..^ -- -__..
---.
.
-.-
.
--I.
"F . .-
."...Iri,.
8. ..
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District Municipalitfes 8 19
t or absent himself from hia
one month's notice to the
refuse to perfornl his duties,
all be liable on couviction to
y rulvees or to imprisonment
h may extend to two months.
.,.4
-;5
muent] may, by notifi- Application of &,
"
'
'3,
+
r7
authority and
authority] has lawfully delegated his powers of entering his delegate.
into or on any land or building, from exercibing his . i
XVI.-PROCEDUREAND MISCELL
CHAPTER
Licences and permissions.
propa ; or
(5) f'm out such collection for any
not exceeding three years apt a time and on
terms and conditions as it way thiak fit.]
-- -- - - --
1Thesc words were mbrtituted for the word fi
azctior 27 (1) cf the Madras District Municipa
ment) 4c;., 1933 (Madras Act XV of 1933).
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.-
, . !*. .
A.
*
I
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I
i #:?:
," B M ~ any
) order of the ' (executive autho
.I . ,.
, ,
granting or refusing a licence or permission;]
I
p>y ':>,
f"'
Ti;.
4[W))1 any order of the
t
1 I
J
.&
't'?.. .
5..
.. r (executive auth
'if
@'. . made under section 321, sub-section (5), suspcn
or rwoking a licence ; or
'[(e)]any other order of the ' (sxecutive aut
rity) that may be mcde appealable by ruJa un
section 303.
(2) The decision of che coun~ilon any such appeal
shall be final.
----- -- -----
1 These words were substituted for the word cc chaimaa
scctioo 17 (1) of t5e Mndras District Municipalities (Amcndms
Act, 1933 (Rladias XI::: XV of 1933).
1 The words '' under sectian" wert: substituted for the worh
under sections " ant' the figures o tld word 21-6 or 247 " w ~ r a
*+
substituted for tl~cfigares " 246, (137 " by section 3 of, and tho
Second Schedule to, t t i Tamil N:ldtl KcWsitng and Amanding
.4ct, 1955 (Tamil Nadu Act SXNVI of 1355).
3 Clauses (6) and ( c ) were substituted for original cl~uscs (b),
4c) ( d )and ( c ) by sectiotz 331 of the T;iniil Nadu District Muaid-
*.
tpahties (Amertdment) Act, 1930 (Tu~nilNadu Act X uf 1930).
4 Original clauses u)arPd(8) w w ro-tctter~das c l a w ( d )
(e) raopectively by ibld.
,
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Power to s~mmon.
&$$ '
&" 324. All persolis authorized by rule to conduct ,oP of
th
l
~1:$ enquiries relatizg to elections and a?l ir'specting or persons d .
Sumpons to
li",
and
g:,attend
give evidence
person to attend before him and to gi
produce documents, as the case may be, in rap
$ 2 or pmiuduw
.a:
documents any question relating to taxation, or inspection,
registration, or to the grant of any licence or ppermissio
under the provisions of this Act.
Notices, etc.
326. Ail notim and permissions given, issued,
granted, as the case may be, under the provisions
this Act ~,.astbe in writing.
:: Signature on b
327. (1) Every licence, permission, notica,
' * e documents. schedule, summons or other document ;vhich
required by this Act or by any rule, by-law or regulati
. made under it to "bear the signature of the cha'
..~
'I-
,w,
8.-
or executive authority] or of any municipal
*W
.&
?.
4
'
shall be deemed to be properly signed if it bea
'p
',*
'[facsimile of the signature of the chairman or
.'%
cutive authority] or of such municipal officer, as
21.k. '
case may be, stamped thereon.
kv
(2) Nothing in sub-section (1) s h d be d
apply to a cheque drawn upon the municipal fu
to any deed of contract enter& into by the mu
Gomcil.
328. YSave as otherwise provided, every
tion under this Act other than one issued by the
Government): shall be published in the official
- --
1 These words were substituted for the word 'a chairman
tion 17 (1) of the Madras District hlunicipalities (Arne
Act, 1933 (Madras Act XV of 1933).
a These words were substituted for the words bear the si
of the chairman " by sectioj. 17 (2), ibid.
8 These words were substituted for the words a facsimil
signature o f the chaiiman " by {bid.
4 These words were substituted for the wordssg Every a
under this Act " by section l'33 of the Tamil Nadu Distfic
galitles (Amendment) Act, 1930 (Tamil Nadu Act X of f
8 The words " Provincial Government " were substituted
words " Local 3overnmetlt " by the Adaptation Order
the word " State " was substituted for a Provi~;ial"by
tian Order of 1950.
- --
?
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E~4.k.k97, - . ~ = s ~
-.
(i) shall be published in the said rszi.:?e either i n-
- ~- . -. r- - -~ ~
-
..- g
,~ ~
--r
2 - A :a>
+
&
i'
,
329. Every bylaw, order, notice or other document hlb!ication of
directed to be published under this Act s h l l , unless by-laws,
Pg:
a different method be mescribed Ilv this Act. o-r- hv n0t.ices; I
.,;.'lP
1 Thi5 n-oviw ~ s added s by section 2 (iii)of the Madras Eiatrict 123
~ u n i c i ~ d i t i eand
s Local Boards (Second Prnel~dmertt)Act, 1944
IF"
(Madras Act X-If of 1 944), re-enacted pern'l;,ncnlly k:\l section 2 of. 1Z
XI*" and the First Sch~dulcto, thc Tamil Nadu Rc-enacting and i
$:,
9p.r
pealins (No.I ) Act, 1948 (Tamil Nadu Act VIi of 1948).
a This word was substituted For the word " Provincial" by the
daptation Order of1950,
of.theMadras District hlunicipa!ities (Arnendrn, nt) Act, 1933
ras Act XV of1933).
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'"I
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w -
.^*,""
5 , -
,
2 - 4 - - -
,-#--. - -- -.- - - - .-
*
---7
-
A+--:-- zr -xCs
- ~==~a- A
?
---=--..- L f q -rz:-rL-
L L b
fa ++fl#
C*~.U,
4eK+:3
,
YUL
e
- .-<
- - - '-*- L irjr ~ u i q iofs
'-
- sun
r , r
works,
3.34. If the ovJncr of 2'14. building 01. \.:qr; f2ils to Eaecution
execute any work which hc i s required to cxccute i!nder work by
occupier in
the provisions of this Act or of any rtile, by-la:v. default of
regulatioli or order riindo under it, the occupier ofowner.
such building or land mxy, with the appl.oval of the
'[executive autltority], execute the said uork, - 7 ~ :
shall be entitled to recover from the owner the rc;;pxm-
able expenses incurred ia the execution thereof, and
may deduct the amount thereof from the rent ?hen or
thereafter due by him to the owner.
'[Powers of entry :vnd irlspection of ihr exect~tise
authority.]
335. The l[executivc authority'j or any pzrsi;n~Poser oi
authorized by him in this behalf may entzr into or on entry to
inspect,
any building or land with or without assistants o r Zarvey u ,
work.
lThese wards were substitu~cdfor the word "chairr:~t~l"byscc-
tion f 7 (1) of the Madrras District ~ u r ~ i c i p a l i t i c(Amcn.dt.r~unl)
s -4~3,
1933 (Mad;as Act XV of 1933).
8 These words were substituted for the words "Chairman's powerS
af BRtry'and hpectior~"by section 17 (21, ibU.
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- --
test, examioati911, survey, measurement or valuation
, r.>v -7ni- .
or for the purpobe of lawfilliy placing or removing. ,>$Ry
* k ~ 4 r i !
'P;".A,
.
I
A~,::~~~
make or execute:
Provided rhat-
(a) except when it is in this Act ot
pressly provided, no such entry shall be ma
sunset: and sunrise ;
(h) excepl when it is in this Act other
pressly providzd, no dwelling house and no p
pubtic building iised as a dwelling place, shal
entered without the consent of the occupier t
udess the said occupier has recsi
previous notice of the intention
r,- %-
I
111 oxcarti~lgwork or taking measures under section
339, utilize ally materials found on the property
concerned or may sell them and apply the s~tle-proceeds
in or towards the payment of the expenses incurred.
(2) If the person to u-horn notice is ~ i i - e ni j the
owner of the prvperry in respect of which'-it is g i ~ e n ,
the '[executive authority] mav (whether an!, action or
9 t h proceedin- .bi 5 ~ ' ric s d ~ toi *~ 2I ~ c :>~:!*:GI
+ :;
such owner oi not) require the person. it' an:. \-, 11~-
occupies such property, or any part thereof, under the
owner, to pay to the municipal council instead of to
t:a owner, the rent payable by him in respect of - - T ~ I
1
1
(3) For the pgrpose of deciding whe?her action
should be taken under sub-sec!ion (2), the '[executive
authority] may require any occupier of property t o
furnish information as to the sum paid by hitn as reat
f
B2"
on account of such property and as to the txume a t d I
$
address of the person to whom it is payable ; and such
T occupier shall be bound to furn~shsuch info,-tnation.
$
5
0 (4) The provisions of this section shal! not affect
any contract made between any owner and occrt-
pier respecting the payment of any such expenses.
6 These words were substituted for the word '' chairman "
section 17 (I) of' the Madras District bfunicipalities (Amend.
at) Act, 1933 (Madras .Act XV of 1933),
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Imprisonment 348. (1) In case any fice or costs imposed or' assq?'.. ,j.vz
i n default of sed by a magistrate under this Act or under any: r@$: :
payment and
application of or by-law made under it , shall not be paid, the mti&ied
costs, etc. trate may order the offender to be imprisond~Zjjjn
defauit of payment subject to all the restrig$oiis3
limitations and conditions imposed in sectiohsl'iz64 '
'[c) f i i ~ C<~>:S.
~ . i ~ i kdr other jci-i-l~ ~ l ~ , , : , +,,r; < ~
ancsmci by :i n~agistratcunder this Act OI.. u ~ ~ t l c lIN^ -
rule o; by-law made under it shall be ~~ccoverablc by
tral such magistrate under the **Code of Criinjnal Proce
898, dure, 1895, as if it were a fine and the same shall Z[ex-
.t
cept in the care of a fine] on recovery be paid to the
3
8 349. If, On m o u n t of any act or omission. any pnyment of
P
pr.wn has 'wm convicted of afi OF';;? szainjr the s o r n p a ~ - a r i u n
provisions of this Act or against any rulr: or by-lsw formunicipal
damage
made under it and by reason of such act or on~issionproperty,
damage has bmn caused to any propel ty owned by
or vesting jn the inunicipsl council, thc said person
shall pay compcilsation for such darnagt:, notwith-
standing any punishmer~tto which he may have been
smtenced for thr: S - ~ ', C1L (7fTetfce. In the cve ~t of dis-
pute, the amount of coil~pensntionp;iyablc by ihc said
person shall be determined by the court before whom
he was convicted of uhc said offencc (311 application
I made to hiin for tile purpose by the ":cxwuti\re autl~o-
ritty] not later than tlucc nlontlu from the tlato of con-
i viction ; and in de:kult of payment of the amount
of compensation so determined, it shall be recovered
k under a warrant from the said court as if it were a fine
inflicted by him on the person liable therefor.
Legal proceedings.
350. (1) No suit for damages or compensatic,n shall of Institution
suits
. m i
I
%
' .$
.'-$
1 This sub-section was substituted for the original sub-l:ection $ & ?llF
3 These
- words were imerted by the Adaptz tion Order of
1937.
aTkese words were substituted for the word "chairman" by
section 17 (1)of tile Madras District Municipalities (Amendment)
Act, 1933 ,(Madras Act XV of 1933).
* See how the Code of Criminal Procedure, 1973 (Central
Act 2 of1974).
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+,, ,'L These words were substituted .for the words "the c
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-
5 '
Injunctions 4[351-B. Notwiths
'I"
2 + not to be
I
'I
j* granted in in the Code ol Civil Pro
R.'
e5 electio~l
proceedings. law for the time being in force, no court sball grant a
permanent or tern2cmqr i~ljundionor make
interim order restraining
or aboul to be taken u
tion or publication of electoral rolls or for the cond
of any el~xtion.1
I-- - - -
1 Clause ( c ) was olnitte
clauses (c) to ( h ) by section 1 3
palities (Amendment) Act, 19
* This section was imertcd by section 140, ibid.
T )-,e 1.. or ?i "pre?aration or publication of electoral roll
the.' a d the v;ords ''as the
3 ( S j of tiit; :.ladra$ City !d
palilies and Panehaytits
Act 6 of 196bj.
4 This section was inserted by section 2 of the &l
Municipalities and Local Boards (Amendment) Act,
Act XXV of 1936)-
- - -.
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1B20 : T.N. ~ c VJ
i ~ i s t r i ci\i
t unicipniiric~a 841
352. NO suit shall be ~naintainable a p h ~ s t [the Ifidefihity to
2(State Government), the distl-ictcollector, the revenue the Government,
divisional oficerj -Lor any mul icipal chaittnan, exe- col lec~or,
cutive authorityj, officer 01- servant or any parsot1 act- divisional
ing under the 4[ direAon of any mu~ucipnl chainuan,
execuiive authorityj, officer or scrvai)t, or of a ,,,thoritics,
magislralc, ill i.cspcct of ;i~-tythingin good faith dollc ofkern a n d
uilder this Act 5[ . . . .
] or any rule, by-l:rw, agerlis,
regulation or order made ullder it.
l l * i
, "::,
'i
Police.
355. ( i ) I t sl'i;;l i be the duty of every police officer- nuties of
police ofiicerv.
( u ) to c01111niinicatewithout
delay to the proper
municipal officer any information which 11s receives
of the design to commit or 01 the commissioi~of ally
offence under this Act or ally rule, by-law o~ scguln-
tion made under it, land]'
,;* 2
p*.
r 'I
Exercise of
357. Tile [State Governmcntt]may empoweran
q
sg. powers of municipal servant or ally class of municipal serva
a(,p police Officer +a exercise the powers of a police officer for the
?$ 4"- by municipal
*
6 ,
>,%% :
-2.
.
'
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----- -----
--
shall continue in 3fEce until
her 1923 ;and
- Governm
'The words "hovinclal ---
words "Local Governmen t'' by the
the word "State" was substituted
tion Order of 1950.
- . *- " - -
, _ - I - -- - - - -------
-- ------- -
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,.+.t;. ,
, - - (Tamil Nadu Ac! 3: of 1930).
";i c by3Thene worils were s ~ ~ b s t i t t f~ofrcthe wo14ds' b m ~ idt s ch:iirmnn"
section l,,7(2) c f t h e M ldr-~l.;nictrict Mtjnicipa!i i c i , ( A T n ~ ( ' t i ~ f -
k~..merit) Act. 1933 (Mit,lr,1s A c t YV of 1933).
ci?These words weresubstituted for thewords ":lrtd of bhcchairrnan
,I:: -cou~cil"by ibid.
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,
and, so fa1 as may be, to all ca
% .
3
42
. *
f
190? , . I1 ., T h e Madras Hill Municiyalir;cs Act, 1907 110.
1914. schedule as
rel;ltes to the
1 \ladr,~s Dis-
trict k1unic'-
pafiries Act,
1884,
SCHEDULE 11.
1
-.
Thtse words wcresubstitutcd For the word "Mt~drgs" by the Tamil Nadu Adap.
tion of Laws Order, 1969, as r~mendcd by the ' r a t l ~ i l Nndu Adaptation of Law~,
7-
--
( Second Amenclmcnt) Ordcr, 1969, whichcali~einto force on the 14th January 1969
'Ti~esewords were substituted for the words "bfadura district" by secti03~f
and the Secofid Schedule to, the Tamil Nadu Repealing and Amending Act155
(Tamil Nadu Act YXXVI of 1955).
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SCHEDULE 11.1,
I
1. The municipal council shall provide an office and the council
of huehess at least once in
shall meet therein [or the trallad~t;~~,,
evely month, upon such days and at such times as it may arrange and
also at other time: as often as a inceting shrtll be called by the
chairman :
. 1 .
1 This pro\ iso and the Explanation were added by section 14s(i) of the T h l Nad
District Municipalities(Am~adment)Act, 1930 (Tamil Nadu Act X c\f 1930).
%Theword9 "Provincial Ga~rernment"were substituted for the wards '*Lo
Governmentwby the Adzptation Order of 1937 and the word "State" was substitut
for "Provincial" by the Adaptation Order of 1950.
3 These words were substituted for the urords "For; St. George Gazette9"
Adaptation Order of 1937.
4 Rules 2 and 3 were substituted for the original rules
- Tamil Nadu District Ms~nicir>alities
( A m c n d m n t) Act, 193
\
- r u added
r ~ h i ~ ' ~ ~ b was le by section 27 of thc Madras Distric
(Third Amendment) Act, 1942 (M?drz$ Act X X X V l l J of 19
with specified modificat~onsby section 3 o
Tamil Nadu ~e-enacting(N0 111) Act, 1948 (Tamil Ha
.- , --- -
S
4
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1Rules 2 anti 3 were subsritutcd fcr the osi.41nal rulcs by section 148 (ii) of the
Tamil Nadu 1)istsic't Mul~icipulitic~ (dmendn:enl) Act. 1930 (Tamil Nadu Act X of
1930).
2 Tlii~ qet'lteilcc was insprted by (3.0.Ms. N o . 1 4 0 1 , K.1,. and L . A . , dated the 9th
June 1966. I
a Tli~!c word3 wcrc irl\crtt:d I,y scctiulr 1-18 (iii) o f t i l e 7'iimil Nudu District
Municipnlities (Ati!endmc!i~)I\cl, 1930 (1 ii11111N i ~ c l iAL
~ i A of 1930).
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1 The words " t h e votes c i " wcrs onutlect L.) i c c l l o ~ :I 4b (it.) of the Tamil PJadu
- Djstrjct Mui~~cipalities(An~rrizn-.ini) Acr, 1Y. b 1 ' 7 , r, I ! 3 b c b Act X of 19.30).
This nord was subst~ruttdt'or tht: word *' Prvt ~nzial". by the .%da,nt,at& C:&r
1 lb30.
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..
11. The '[esecuiivc auttloiity] shali h u : ~11:c cltstody of tile pro-
+ ceedings and rccords of the cou~lciland :ni y gi-ant copies of any
such proceedings and records on pclynxxit of such fees
as the coullcil may, by gcneral or special 01-dcr-, tleicri~ine. Copies
shall be certitictl by tllc ' ;csecutive autllo: it! as pi-ovidcd in s x t i o n
C;ncral 76 of the Indian L v j d c ~ ~ cAct,
c 1872, and z o l ) i ~ao s cc~~tiliedmay be
kct 1 of used to prove the records or the council i ~ :t 1.e s;me manner as they
2* may, undct. S U ~ - ~ L . C L ~ O ~ ~ .,LI;L~o~
78 of I / I C i ~ i Act,
d be used to
prove the pido~ccil il~g.,ol' liicil body.
1 These words were substituted lor the word '' chairtnan " by s e c t i o ~17
~ ( I ) of the
Madras District municipalities (Amendment) Act, 1033 (Madras Act XV of 1933),
2 This rule was inserted by Local Administration Dcpartmcnt Notification NO.
F 775, dated thc 16th Octobcr 1942, published at page 800 of f?;lt.t I-A of' the /,,,tl ,y1,
George Gazette, dated the 3rd Novcrnber 1942, re-cnactcd prrinancntly by Local
Administration Dcpartn~c~zt Notificatic~n,dated the 20t11 April 1948, published at
pages 39 to 58 of tl-te Kctles Supplement to Part 1-A of tllc Fat.( .Sl. George &=ct(c,
dated tlie 27th April 1948.
3 This rule tvas olnitted by section 148 (vi) of t11c 'Talnii Natl~a District Municj.
palilies (Amendllzent) Act, 1930 (Tamil Nadu Act X of 1930).
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SCHEDULE IV.
TAXATION AND FINANCE RULES.
PART I .-TAXATIONRULES.
[See section 124.1
Definitiorl of tax.
1. I n these rules ' tax ' includes payment due by way of composi-
tion for a tax.
I
l[Provisiurzs comrnor: to tuxes in general.]
l[2. (1) iLU ?(executive authority) shall prepare and keep mess-
inent books in such for111as may be prescribed showing the persons
and property liable to taxation under this Act.
(2) The assessrncd books and where detailed particulars rela-
* t
ting to any assessment ale kept in separate records, the portion
tkh-ereof containing such particulars shall be open at all reasonable
a times and without charge to inspection by any person who pays any
tax to the municipality or his authorized agent and such person or
agent shall be entit!.ed to take extracts free of charge, from the said
books and records.
(3)' The account books of the co
charge to inspection by any person wh
pality or his authorized agent on a day or days in e
be fixed by the council.]
3 The 2(executive authority) shall, save as otherw
in this Act, determine the tax to which each proper
(c) tlzc a n i o u ~ ~ t
paid. I
216. Thc valuc cf ally 1:liid 01- hui1tli;:g L?r 1 : 1 . of' 1f-i~.IJmi-crly
tax shall bc d ~ ! c ~ ; ~ ~ i i l < ; :ihc
i '(esrc~l:;..,.
;:~:,i:o!ait~,,! :
Provided tlral t 1 . r ~ :?I!Ic oi' ;tny J.al?d oi itlil-;: :j7.c tax fc,l. wphjch
j s payable by thc '(e~ccc;t ive authority) i j n ~t ~ l e
IT c ! c i c ~ . ~ ~ lby
revenue divisionril c,ll;ccl- 01.if the ~*c\.~cr;i~c: ci \. ofljccr also
;:\iilji;l,j
'Madras r)istl.ic;l M ~lt~icij?;tlir (,A tncrtdn~cnt) rtLcbl, 1 '1.i.i ( ,\i;i(ir.;l\ .Act XV of 1933).
tic,
i
- --
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have effect only from thc ucceedi n g h:~l"f-)len~- '[cxccpt wliel-e the fair
rent of a builhilir together with 13nd : ~ p ? ~ ! i ~ . i t t lto ; : ~ ~ tit has
been determined by the 4IControll~~- i ~ n d e!he ~ h!ndr:rs .Buildings
(Lease and Re~:t Co~itl-01)Act, 19405.-11 :
1 These words were substituted fot t1.e word 'bcliai~ni;'n" b y s e c t ; ~37~t I ) of tPe
Madras Di-,tt.ict Municip:ilities (Amend~nent)Act. 19.33 (Mndt.:ts Act XV of 1933).
3 These words were added by Local Admirlistration Departmellt Notification No,
243, dated the 10th March 1942, published at page 234 of Part I-A of the Fort St,
George Gazette, dated the 31st March 1942, re-enacted permanently with specified'
modifications by Local Administration Department Notification, dated the 26th April
1948, published at pages 39 to 58 of the Rules Supplement to Part I-A of the Fort
St. George Gazette, dated the 27th April 1948.
* This word was substituted for the word " I3rcvi1 cia1 " by the Adaptation Order
of 1950.
4 These words, brackets and figures were s~lb~titl~ted for the words and figures
46Controller under the Madras House Rent Control Order, 1941 " by Local Adminis-
tration Department Notification, dated the ?6111 April 1948, published at pages 39 to
58 of the Rules Supplement to Part I-A of the Fort Sf. George Gnzetre, dated the
27th April 1948.
5 See now t11e T;i171il b?\lgdi~
f3i1ilding(I-eakc at~cl Jlcnr ('ontrol) Act, 1960 (Tal~?i]
Nadu Act 18 of 1960).
6 This proviso was adtlc(l I7v T,wnl Admilxi\t r.;tt ion Ilc:ll;~rt nicnl Not ilir:ntior\ No.
243, datccl tltc 10111 March 10 13, p~tblisfiecl it! 1~:::(, 3: i o r I',lr-t I-A of thc f i r ; / St.
Geaixe Gcr;c/le. dated thc 314 March 1942. rcS-<11:11::ccl pc!-~l~;~ncntly with specifii.d
modifications, by Local Atltnit~i\!tation Dcpa!t~l~cnt Nntific.~tic.n, dntcti (he 2(it;l
April 1948, pttblis11,:ci nt pligcs 19 to 5 8 of t r j - 12 ;rlc.s S~tpl>lcn~crtt to I'nrt 1-A
0 f the );but St. C'eoryy G . ( I : C ~ / dated
( ~ ~ thc 27t11 A p ~ i !1')-18,
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169
l[12. No petitio:] ~ ~ n drule
c r 9, 10 or 1 I sl~allbe disposed of unless
las been gi\ren n reasonable opportilnity to appear
er in person or by authorized agent and to rcprcscnt his case.]
ely after the disposal of a revisio~i petition, the
ec-utiveauthority] shall inform the petitioner or his authorized
t, either orally or in writing, of the orders passed thereon, shall
ect him to pay the amount fixed on revision within fifteen days
after the date of receipt of such intimation], or, if the amount is
thin fifteen days from the date on which it becomes
f necessary, cause the assessment books to be
1 Rules 6 to 12 were substituted for the origical rulcs by section 150 of the Tarnil
Nadu District Municipalities (Amendment) Act, 19.30 (Tamil Nadir Act X of 1930).
"These words were substituted for the word '* c h a i r r ~ x n" by scction 17 (1) of the
Madras District Municipalities (Amendmcnt) Act, 1933 (Madras Act XV of 1933).
8 These worcls \;rlerc inserted by section 151 of the Tan~ilNadil Ilistrict Munici-
palities (An~cndlnent)Act, 1930 (Tamil Nadu Act X of 1930).
4 Rules 14 to 19 were ~ h s t iuted
t fo[ the original I-ults by scction 152, ibid.
6 These worils wcrc addcd by Local Administr;ition 1)cpartmcnt Notificatioll
No.578, dated the 6th Ju17e 1939, pu blislied at pages 401-402 of Z'arl I-A of the
Fort St; George Gazette, dated the 13th June 19.39.
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(3) The council may zxempt any one 01- more of the classes
in sub-rule (I) from liability to profession tax, but no class shall be
exempted from liability when any lowel- class is liable to tax.]
transaction of s u ~ business
h shall, for thc purpose of levying profession
tax under this Act during the half-year, be deemed to be-
C
E
on such company or perso
. (a) where income-tax is assessed
mral under the Indian Income-tax Act, 19225 for the year compris
&year, one half of the amount at which the profits and
of such business are computed imder st
.tax Act, 1922*, for the purpose of assessing the income-tar;
I
sc&-tain:ibIc or where such company or per,wn-14
ccf to inc~lme-r3s. such percsnlagc or p e r m t a g ~8.
'These words were substituted Tor the words ".;::ifl Prc.iidl2ncy9' by paragraph
4 of, and the Schedule to, t l ~ Tamil
c Nadu Adaptation of Laws Ordcr, 1970, wllich
was deerpcd to h:\vc cotllc i n t o force On tllc 14th Janil:~ry1969.
8 R ~ j o 14
j 10 1 9 \vr'rc s~lL~stit~ttc'dt'Cxthe original rules bq' seclion 152 of the Gnli!
Nndu District Municipalities (Amendment) Act, 1930 (Tamil M ~ d uAct X OF 1930) .
a Thesewords weresubstituted for the word "chairrI~an"by scction 17 (1) of the
Madras District Municipalities (Amendment) Act, 1933 (Madras Act xv of 1 9 ~ ~ )
4These words were added by Local Administraiion Department Notification.
o. 1096, dated the 5th October 1938, published at page 625 of Part I.A of
rt St, George Gazette, dated the 11th October 1938,
Thisexplanation was added by rule (1) issued in G.o. MS. 26&, L~~~~
ministration, dated the 26th February 1954, p~~bliibeC at page 34 of the R~~~~
ment to Part I-A of i l l e r d . 1 P'. "W'ge Goieltr, dated the '~1stMarch
ese words atd figures were inserted by rclle (2) ((!I, ibicj.
These words' were substituted for the words "such returny9by rule (2) (b),i b a . .
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I
I
!
I
I
authority) is satisfied that any return so
so f'urnished] is incorrect or incomplete, the
. .. . a .. 50
four-wheeled vehicle with springs or
g as springs constructed
e or more animals .. . . 10
o-wheeled vehicle - with springs or
cting as springs constructed to
by one or more animals 5
bicycle or tricycle . . .. . 2
ther vehicle with springs or othcr appliances
springs not being a child's pera~nbulator
.. .. b I . * 3
.. .. .. 12
. .. .. a. .. 6
horse or mule not under 12 hands .. 6
horse or nl~xleunder 12 hands .. L . 2
.. .. .. .
.. .. a . .. i
I
AS
. a .. a . * . 8
.. .. .. a A 8
.. .. . $ . 8
.. . A I , ." S
-----.-
-.------ -- .----- ---.
rule wak substituted for the original rule by Schedule I to the Tamil Nadu
31 (Tamil Nadu Acf I11 of 1931).
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- -h
'
_ - -.f)
- ...P
e
~
25. An 3[app3al] shaii be made in wi:ti~zg2nd sllafi set forth
concisely and under d istinct heads the grounds of objection to the
decision or other proc:edings appealed against
26. No appeal to the council shall be ~ L C : I I - ~ -
((I) 4[unless it reaches the mw~icipaloffice]--
(i) with& fifteen days from the service S[. .] of the . . ..
..
notice ". . . .] referred to in sections 95 and 102; or
(ii) withill fifteen days from thc date upon which the tax
becomes payable under section 86 or 105 or '[under rule 13 or
4 These words were suirstitutcd for the wort13 "unlcss i t bc presented at the nlul~icipal
office" by Local Adminlstmtion Department Notification No. 539, dated the loth
May 1941, publislled at page 346 of Part I-A of tllc Fort St. Coorgc Gazette, dated
the 20th klay 1941, r:-enacted permanently by local Administratior- Department
Notification, dated the 26th April 1948, published at pages 39 lo j 8 of the Rules Supple-
ment to Part I-A of the Fort Sf. George Gazette, dated the 27th April 1948.
District Municipalities
of any tax, whcn no appeal i
hereinIxf'ore provided, and '[when such an appeal is
the adjudication of the council thereon)] shall be final :
sment or demand is not
nothing in this rule shall
n accordance t herea ith.J
s of the council under rules 4, 23 and
'were substitutd.
t This proviso was added by section 159 (2) c f Tainil Nadu Act X of 1930.
4 This rule was inserted by section 160, ibid.
for tlie words "Local Govern-
"State" was substituted for
8Thcse words were substituted for the word "chairrnalr"by section 17 (1) of the ~ a d r a ~
District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).
3:
" . ;.",$g%
* ;g;
4.
$?p&
a,. St?
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Collection of taxes.
[See section 124.1
30. (1) If the amount due on account of any tax is not paid within
fibdaysfromthesavice2[ . . . . ] ~ftIlenotice,~[. ] .
or bill or the giving of the direction referred to in sections 95 and 102
and rules 13 and 29 or within three day.$ from the service of the
notice referred to in section 108, and if the person from whom the
tsx is due has not shown cause to the satisfaction of the *[executive
authority] why it should not be paid, the 4[executive authority]
may recover by distrain$ under his warrant and sale of the movable
property of the defaulter, the amount due on ac
together with the warrant fee and the distraint
further sum as will satisfy the probable charges th
in connexion with the detention and sale of the property
Provided always that inovablc pro pcrty dcscr ibcd
to section 60 of the Code of Civil Procedure, 1908
liable to distraint.
(2) If for any reason the distraint, or a suffici.ent distrai
of the defaulter's property is impracticable, the 4[executiveauthori
may prosecute the defaulter before a magistrate.
6 [ . s . * * . . * * . * . . . ]
--
This sub-rule w ~ sadded by Local Adm inist ra t ion Depart
June 1940, published a t page 432
ed the 2nd July 1940 artd re-cnacte
ep.qrtm:nt Notification, dated the
to 58 of the 'Rules Supplemr nt to Part I-A of the Fort
the 27th April 1948.
ing" were omitted by section 162 (i) of the
ent) Act, 1930 (Tamil Nadu Act X of 193
a The word "table" was omitted by ibid.
were substituted for the word "chairman" by section 17(l) of t
unicipalities (Amendment) Act, 1933 (Madras Act XV of 1933;.
y Local Administration Department Notifi
lished at page 432 of Part I-A of the Fort St.
40, re-enacted permancntly by Local
ated the 26th April 1948, p~lblishedat
t I-A of the Fort St. G e ~ r g eGazette,
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the said tax or such part thereof a:<remains unpaid together with
. all sums payable i n coni~exiontherewith shall be recoverable as
if it were an arseas of land revenue.]
36. '[(I)] Every person who is prosecuted e[under sub-rule
(2) of rule 301 shall be liable, on proof to the satisfaction of the
the amounts, if any, due under the heads specified in clauses (a)
and (6) of s113-rule(1) ; and may in his discretion also recover
summarily and pay to the council such emount, if any, as he may
fix as the costs of the prosecution.]
6[36-A. Neither the 7(executive authority) nor any municipal
officer or servant shall directly or indirectly purchase any property
at any sale of distrained property held under the foregoing rules.]
-A ---- .- ,.
--.-
1 Rule 36 was renumbered as sub-rule(1) of that r d e by section 168(1) of the Tamil
Nadu District Municipalities (Amendmen:) Act, 1930 (Tamil Nadu Act X of
a T h e e words and figures were substituted for the words and figures "under rule
30" by section 168 (1) (i), ibid.
"he words "and he shall also pay the said amount and the costs n P the prov-
cution" were omitted by section 168 (1) (ii), ibid,
4 Clause (c) was omitted by section 168 (1) (iii:r, ibid.
6 This sub-rule was added by section 168 (2), ibid.
6 This rule was inserted by section 169, ibid.
7 These ~"ords were substituted for the word "cl~nirman" by section 17 (1) of the
Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).
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C
1920 :T.W. Act V j Disfrict Municlpolities S8 1
it
I diseases occurring in the municipality ; building I-., ..;,itais ; :,J
dispensaries and places of reception for ihc :a',; in general ;
contrib~~ing towards l~ospitals,dispenslsies or places of reception
-provided by the '[State Governn~ent]; contracting for the use
of a hospital or part of a hospital, dispensary or place of receptioll;
combining with any other local authority or with the '[State
"overnment] to provide a common hospital, dispensary or place
of rseption ; sending indigent inhabitants of ihe municipality
to institutions 03tjide the rilunicipality f~r trcaf meat : the trailu'nrr Y
GY, exi&sioris,
' whether withh or without municipal limits, rec
$;:- 6i'ition"of sites in such extensions and all measures of a like ngFur$
85 ., l[and
. d any of the aforesaid puTpose@
the acquisition of h ~ for
g;$.c, 6
: ' , r
i
(e) elcctiui~expenses ;
&f the provision and r n n i i ~:na n %-r .' 11: unicipaI work-&ops;
ig\ ~nun~cipai sIir;.e; 'j, the prep2 ie.ii:,.!?Iof maps of the mudc3
pz:: 1.
.'.. -. .-
as -.? - -,?
e 2 - - - - + - -
,,-I4 .... ..:; or a rzxrd of righa
. n,2kw+su. a,--$
"-
'fi I2..!J*+-j','35 - -,,-,325;.-
--
=+ f
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1 I
( I ) provjsioil of ~inti:.{~f::.-i;ouse.;
ii
( m ) pay..:ent oi' In(.':ic\.t on ailti amortizat~on of? t k b t (tr
a nyi ;
({I) payl;;e:11 or cl;c?ion sxjic,:?,ch iuclcding the cor: of
t I I ~pr:p~ ration . i . ,i . . i.!ictoral roll the conduct
s of ttic
048-e:cctions to t!:e ;ncu;ict:3:.! count; !. ::*I: ti tilt ilraintellance of
esta'>lI:,iir!-.c.~,t;
C;b;l . Q : ~ . ~ ~ ~ L ) ~ I
1 The words " the Crown" w v e substituted for the words " the G~verrunent"by
the Adaptation Order of I937 artd the word " G(~ve:nrne~t"was substituted for
" Cro~fn"by th:: AJaptztion Orcier of 19%.
Original c l s w w33 re-let I S T ii~j c!w~c:
((3) ~ t,3; &G i a new c l a w (01
by Local Administration Dcpatmnt Sotifieation Xfi. 985, dated the 28th
uWhncd at page 634 of Part I-A of the Fort St. Ge0c.e Gazette, dated the
&r 1990, re-enacted pemanen +ly by Loal Administration Department
datad the 26th AprG 1943, pubiis I& at pags 39 to 58 of t i 8 Ru?es Supp
Parti-A of tbe For: Sf. George t ~ o x r edazed
, the 27th -44ril 1%.
'
word wass ubstituted for the word '6Crown*'by ibid.
-"- . . . *". -. -. - - .. .. . .
,
. . .-
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dispensary mai~~tuinctl
!fund.
by i i i'roc~i cnJ-x- Y or. frnn-r t hc mwaicipal
st.3xt:1
$
3.ed~icrrtiuztalc.~perzcJifwe.
Obligc~rt~t
47. The council shall, so Far as the funds at its disposal n:zy admi
make provisio~~ for the instruction in schools of all children
school-going age resident within the limits of the rnu.Sici;,
for whose instruction provision shall not otherwise have h-.:r?
.-
LraL: --- - . ?. - r
c . C;z.-:
. * , :v:3+sb
L .t m n m ,.
4,
-6r" g~;l-Tf .A*:. * ,
prsribed by the + . x i : ~ -/ ,. ,
- -- -. - - - -- -- -
1 The words " Provirlcial Government" is,erc: substitutcri f i ~ rthe
Governn~ent9'by tI. Artdptation Order of 1937 and the word "State"
-- ;.,r " Prcjvir ,;:+Iw t11tnr: Adaptzticn Older of 195C.
#
3
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Dfsrrict Municipnfities
C,;ovctn m mt j .
I
The words "Provincial Governtncnt were subst i t1.1la1 fur the wirds " Local
1
il
t:#
G o v m m t 9 ' by the Adsptat ion Order of 1937 and t ;.:: \.v~rd" Stare" +s substituted !i
for " PrwmcialWby the Adaptat ion (3rder of 1950.
,W
TfleSB words were substituted for tho words " hi: di:.ict" by th,: .jclzcduic to
fal;r:\: &.
the T a i l Nadu District Municipali!ies (Amendment) sic:. i939 ( Tamil N ~ d uAct X of
1930).
3
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fitruordhrory rspmclilw'e.
, Pro+ided
that tl?c n ~ i ~icipal
ll council Inay, w i l i ~ t l ~ cs;lnctjorz
of the 3[State Government], invest any sums riot rcquired for
immediate use either in a Government savings bank or in Govern-
ment securities, or in an j/ other security which may be approved
by the J[State Government].
55. (I) '[All orders or cheques against the municipal fundshall
be signed by the 6(executive authority), or by some person duly
authorized in this behalf by him.] The treasury or bank in which
the fund is lodged shall, so far as the funds to the credit of
the council admit, pay :ill orders or cheques against ?.he fi:nc! which
ace so signed.
-.
. - -.. --- --.--
1 :'Id&words arm substituted for the words "India or the Empire" by t lie Adapta-
tion (A!madment) Order of 1950.
W word was inserted by the Second Schedule to the Rk-.idras Repcalit~gand
Arnendipg Act?1938 (Madras Act XITI of 1935)..
a The words " Provincial Government " were substituted for t Ilc tvords " Local
Gov-t" by the Adaptation Order of I937 and the word '-State' \bas substituted
for'" Pgovincial" by the Addptat ion Order of 1950.
'4 Thissentence was substituted for the origii~alfirst two sentcncr,s by section 172 of
the Tamif Nadu
- District Munici~~alities (Arnct~dment)Act, 1930 (Tamil Nadu Act X of
1930). ' ; .
5 These words were substituted for the word "chairman9' by section 17 (1) of
the Madnrs District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)
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I
(2) If rhe council shall ixn\.e given previous a~dthorityin writing
such treasury or bank may at once pay out o r the municipal fund
without such order or c l ~ ~ q u any
e expcnse vrhich the '[Sthte
Government: "have incurrcd j a-:I behrrlf of the council.
wance.
Audit, st ~rca:rarge and clirol?~
..
..
" , ,
-
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$4
.;>*>wz"r"
3"Fd$g~p:f, C'T
!*,?,&<
2 .-*-.,:
":".ps"..r; *. .
,-
-
* **
,i.
* ---A
------. e fl
- ...-.
I
"
&p'$
>
f;;:i~;c;tkir
-
C - C , ,
,.2
T
-
$.kc G , . - . ,-..- .- . - -----*.-.- .-
. r - .
.. ,'
. ,
- > - - - A
:. < . \ -4.
fiom the dare foiiow~ngihz list date &<ed for p q n c n t of ihe said
disa~owance,surcharge or charge amount in the a~tijtors'cerl ificate
referred to in sub-rule (1) of rule 60. The irltei est so charged on the
disallowance, surcharge or charge amount overdue shall be specified
:ntraIin the said certificateitself in precise terms, as lcid d o ~ kin
- ~ .section 34
:t v of the Civil Procedure Code, 1908.1
i908. .
4[64. Notwithstanding anything contained in these rules the 6[State]
Government may at any time direct that the recovery of the whole
or any part of the amount certified to be due from any person by
auditors under this Act shall be waived if in thdr opinion such a
course is necessary considering all the circumstano:~c?fthe case.]
-of
5 This word was substituted for the word " Provincjal '?
1980.
by the Ad?.ptation
' 8 Appendices A, B and C were substituted for the origin21 appendices by sw-
Ii :
-4
tion 173 of the Tamil Nadu Dishict Municipalities (Amendment ) Act, 1930 vamil !
Nab Act X of 1930).
i
9 I .
1
r, d
q
-4
j
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u m oP.
r e f e i r c ~ ~ o ) , t o i l ~ e a n ~ n u ~ ~ t ~ f i ~ ~ e s a i d sA. f Rtogether
s. I
with g.:. A. rj. for w~rrrnllt fee attd dislmint fee making
.~gethi-r surn 0; Rs. A. P. and such further sum as may be
%:
19 .
[' days in case of tax on servants.]
'[APPENDIX B.
Take notice that I have this day seized the goods and chattels
jpecified in the above ii~ventoryfor the sun1 of Rs. A. P. due for the
tax or taxes mentioned in the margin for the t
!
4
ending 19 ; and that unless You 'i
pay into the office of the municipality of t 11c almunt due 3
1' 1
together with the warrant fee, the distraint fe(: and cost of keeping 4
the goods and chattels, witilln seven days from thc date of this notice, . ?
sold at any previous datu, if they are liabb to spccdy and natural 4
?#
decay.
STATION
Date 19 . 1
I
15 $9 99 39 20 3,
. 2 0 0
45 ,, 99 99 50 ,, . .. 5 0 0
50 ,, 99 ?? 60 ,3 . .. 6 0 0
60 ,, 92 * 9 80 ,, . .. 7 8 0
80 ,, 93 100 ,, . a 9 0 0
100 rupees ai3d over .. . .. .. .. 10 0 0
The above charge includes all expenses, e x c e ~ twhen peons are
kept in charge of properly di~trained,in which case three amas
must be paid daily for ea-11 peon.J
-7- ----
1 Appendices A, B and C were substituted for the original appendices by
,=tion 173 of the Tamil Nadu District Municipalities (Amendment) Agt, 1930
(Tamil Nadu Act X of 1930).
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br ,
,(.
9
PURPOSES
FOR WHICH PREMISES MAY NOT BE USED WITHOUT A
LICENCE UNDER SEC~ION249.
b.
1
R
l?: [See section 249.1
I
7r-
-
purpose of tr+2c,hi:;,o them or keepinn \ $ - s h e dclothfi :]
b (b) boiling paddy or camphor ;
(c) inelting tallow or sulphur ;
t (d) storing or othe1:wise dealing with manare, offal, blood,
bones, rags, hides, fish, horns or skins ;
(e) washing or drying wool or hair ;
2[(ee) Storing or ;teeping blankets for the purpose of hiring;)
( f ) making fish-oil ;
(g) makiiig soap, dyeing, boiling or pressii~goil, 3[burning]
bricks, tiles, pottery or lime ;
f
i
I ,
Health Department Notification No. 293, dntcc4 t?lc 3rd July 1944, published
! at page 181 of Part T-A or tllc Fort S t . G c K ) Gir: ' ic,ci:llcd the 1 1th July 1944,
~ ~ :)i
F- re-enacted permanently with retrospective cfrccfon and from thc 30th April 1948.
i. by Public Health Deprl tment Notification, datctl t h e 28th March 1949, published
I at pa 23 to 32 of tne R U ~ C S
aupplc~aeni to Part I-A of t11c Fort S t . George Gazette,
I
!
. d
date the 5th April 1949.
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&r
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c , ~ <
.c <*
* a'
I
1 This clause was substituted by Public Health Department Notification,
dated the 31st March 1949, published at page 33 of the Rules Supplement to ,
part I-Aof the Fort St. George Gazette, dated the 5th April 1949, for clause(p), .
as amended by Public Health Department Notification No. 424, dated the
23rd October 1943, published at page 384 ofpart T-A of the Fort St. George
Gazette, dated the 23rd November 1943, re-enilcted permanently with retros-
pective effect on and from the 30th April 1941 by Public Health Department
Notification, dated the 28th March 1949, publi .bed at pages 23 to 32 of the
Rules Supple~entto Part I-A ofthe Fort S t . George Gazette, dated th
April 1949.
t
a Clauses ) ( r ) , s ) and ( t ) were substituted, for the original clause (
section 174 ii) of the Tamil Nadu District Munic~palities(Amendment) Act,
(Tamil Nadu Act X of 1930) *
a This ~ ; O V ~ S Owas added by Public Health Department Notification No. 42
dated thy 29th September 1944,publisheJ at P: Re 253 of Part I-A of theFo
st, G e o d e C;niettc, dated the 3 1st October 1944, re-enacted permanently wit
retrospective effect on and from the 30th April 1948, by Public Health Depart.
merit polification, dated the 28th March 1949, published at pages 23 to 32
th@RulesSupplcmcnt to Part I-A of the Fort Sf. CcoWe Gazette, dated the 6th
was inserted by Public He;lith Department Notification NO.
l r i t h April 1944, published r:lge 108 of Part I-A of the
~ P , the 25tll April 1944, re-enacted permanently
G G Z ~ J ~dated
'Y6i~te'se
N ~ 1171,
.
,+tois :sc inscrtcd by Lc;al Ad~rinistriitionDepartment Notification
dated the 17th Novcn~bcr 1941. ~~ublishcdat page 868 of Part
1-A of tho Fort s t . Ccurgc Gazetic, d;lte(J tI1c 25th November 1941, re.
enacted perm,lnenfIY wit 11 rctrospeclivc cf!'~ct 011 and from the 30th April
1948, by Public I-lealth Department Noti$c;ttioil, dated the 28th March 1949,
published at p , , g ~ s23 to 32 of the Rules Sul~?lelnent i0 Part 1-A of the
Fort S t , (;gorge Gazette, dated the 6th April 1,9496
II This word was substituted for the word " Provincial " by the Adaptation
Order of 1950.
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*$;<p2.
1.
7 *
- -
4- .. . : <p :." I1 %' p:,+,.+
*$.<*.~:;IZr;IZr~i.'
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*
SCHEDULE VII.
Clt f 2) ( 2J (4)
l[3 0 (1) Interested councillor voting or taking Fifty rupees}.
part in discussion.
88 .. Failure t o give notice of transfer of Fifty rupees.
title or to produce documents.
89 a[(l)] Failure t o send notice to B[executive DO,
authority] after completion of
construction or reconctr~ictio~zof
building.
91 (1) Failure of owner or o:ct~plcr to fur- One hundred
irisil return of rent, etc. rupees.
96 .. F a i l u ~ eof owner or occupier to obey Do.
requisition t o furnish list of persons
carrying an professio-I, art,.etc.
97 .. Failure of employer o r head of an
office, firm or company to obey
Do.
requisition to furrtish list of per-
sons in his employ.
102 4[((2)3 Fallure of occupier to obey requisi- Ten rupees.
tion to furnish stateraent of vehi-
cles and animals liable to taxation
o r furnishing incorrect statement.
104 .. Failure to obey order to aftix and DO.
rcgister number of carriage.
105 (2) Failure of owner to register cart or DO.
other vel~icle.
.. (3) Failure to have or Lcep registration
number affixed to cart.
Do.
1This item was inscrtcd by section 175 (i) c.T the Tamil Nadu District Munici-
palities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).
SThis figure was entered by section 175 (if), ibt'd.
aThese words wcre substituted for the word ''chairman" by section 1
of the Madras District Mi~nicipalities(Amendment) Act, 1933 (Madras Act
of 1933).
4 This figure was entered by section 175 (iii) of the Tamil Nadu District M&
palitieg (Amendment) Act, 1930 (Tamil Nadu Act X of 19305.
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District Municipnli'ties
* * * 5
* * * I
. Trespassing on premises connected Fif LYrtl~ees*
with the water-supply.
.. Failure to maintain house connexions
in conformity with by-laws and
DO.
regulations.
(2) Failure to obey requisition to make Do.
llouse conrtexion.
.. Failure to maintain house-drains,
etc., in conformity with by-laws
Do.
and regulations.
(2) & (3) Failure to ob:y requisition as to Do. -
house drainage.
(1) (6) Failure to obey direction as to Do.
limited use of drain or notife re-
quiring construction of distinct drain.
Unlawful construction of building over One hbndred
uublic drain. rupees.
_ -- I _- -
1 This item was inserted by section 1 75 (iv) of the Tlrnil Nadu Distr
I Mdcipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).
3 The item relatiqg t n 5ection 1 1 7 was omitted by S~hedulc 1 to the Tamil
Motor Vehicle Tar-:ion Act, i931 c.l-:tinil g a d u Act Ill o f 1931).
Tbcje fip;lr;s a ; : e subrtitutzdfor:~~e figure$.$gI19"bysectiob ~ ' l ) ( ~ ) c * l t h ~ T g
c n ? )1930 (1arrtiI $4adu
Nadu District ~ ~ ~ . i c i p ~ l i t i e s ( A m i n d m ALI,
6 he Bgure " (2) " was omitted by section L75 (vi), {hid.
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-- -
'-
*';$c$
li,' '"~.-+*cw
\ :
CjL~1:?i1-~~kk
p a , - A ~~-~ri-c-1,2r't,$.
Subject. Fine wh
may be imp
(3) ? (4)
Failure to obey requisition to pro- One hund
vide latrines for market, cattle- rupees.
stand or cart-stand or to keep them
clean and in proper order..
Failure to construct lutrines so as io Twenty rupees.- ., .
screen persons using them from
view. 1
#!% ..
178 .. Failure to obey requisition to
etc., private street.
metal, One
rupees.
hundred
-- -- -.
1 This item was substituted for the original item by section 175 (vii) of the Tamil
Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).
2m s item was inserted by section 175 (viii), iljio!
i The entries relating to section 174-A Were oditlcd by section 6 (iv) of the Tamil
Nadu Traffic Control Act, 1938 (Tamil Nadu Act V of 1938).
4This item was i serted by section 175 (ix) of thr Tamil Nadu District Munici-I
palities (Amendmen$ Act, 1930 (Tamil Nadu Act X of 1930).
6 These words were substituted for the word " Do " by sstion 3 (1) of, and the
SecoM Schedule to, the Tamil Nadu Rcpcolillg aild Ar~endingAct, 1951 (Tamil
pTadu A@ XIV of 1951).
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e1 182
croachment. rupees.
, . F;\ilure to reillovc temporary encroach- Fifty rcPe@.
ment.
~ 1 ~ 1 a w fremoval
ul of bar, or shcring Twenty rupeese
.,
timber, etc., or rcmoval or extinc-
tion of light.
.. Unlawful making of hole or placing Fifty r u m .
of 0ls;truction in street.
.. Construction, etc., of building with-
out licence where street or footway
Do.
is likely to be obstructed.
.. .. Failure to fence, etc., such building
while under repair or failure to
Do.
remove obstruction,
.. Failure to remove obstruction caused
in street by fall of trees, etc., with-
Do.
in 12 hours of fall,
(3) l Jnlawful destruction, etc., of name Twenty rums.
of street.
(2) Unlawful destruction, etc., of num- Five mpcrs.
ber of building.
(3) Failure to replace number when re- Twentyrupces.
quired to do so.
(5) Constructing or reconstructing build- Two hundred
ins contrary to declaration issued rupees.]
by council.
(1)
streets.
Sub- I
Section or section or Subject. Rne whkh
rule. clause. may be impored.
(1 (2) (4)
195 Cotlstr~ctioi~of ~ \ \ i c i . i ~ ; l II . ~ ) O I . ~ , ctt-..
ith itiflarnrl~,tt~lc. 1 1 1 I ~ , > Ii , ~ I s .
--*---a :-
L -
.-
--?.c-q --.2- - >
j- -___
fir???;*
-S{J&;~-:*U f2k.c ggrQ
.*! -. -
t; x
-3- --:--\ - ..v-
inhe*)uw
s~~tj;~-(~t. mrrv be ~bposed.
(3) (4)
(1) Using a place for ally of tl~e purposes One hundred
specified in Scliec~ulcV without licence rupees.] \
or contiary to licence.
.. Unlawful ercctioii or factory, workshop, One thousand
etc. rupees.
.. Disobedience of oi dci. l.egar~ling abatc-
ment of nuism-+cc.
One
rupees.
hundred
.. Use of place as sla~~gtlter-]louse
out licence or col~traryto licence.
with- Two
rupees.
hundred
.I or rule, section or
clause.
y be imposed.
m
(1) (21
.-
.. l[Sale or exposure for sale of aniinal Ten rupees.
i)r articleinpublic streek1
.. Using a public place or the sides of a public Two hq&ed
street or public landing place, etc. rupees.]
.. Opening or keeping open a new private Two
cart-stand without 'icence or contrary rupees.]
hundted
to licence. .,
.. Preventing the '[executive euthority] or Fifty rupeer.
any person authorized by him from
exercisillg his powers of entry, etc.,
under this section.
.
, Removing or in any way interfering with Five hundred
an animal or article secured under rupees.
&[section2741.
(1) Opening, etc., without l i m c e a new place One hundred
for the disposal of the dead. nnp~s.]
(3) 6[Using or allowing the use] of burial One hundnd
or burning ground which has not been rupees.
registered, licensed or provided.
.. Failure to give information of burials or Twenty rupees.
burnings in burial or burning ground.
(3) Burial or burning in a place after prohi- One hundred
..
bition.
Offences in respect of corpses, .. . rupees.
, Xaiftyrupees. 4
1 These figures were substituted for the fig8ures" 300 " by section 175 (xviii) of the
Tamil Nadu District Municipalities (Arn~ndment)Act, 1930 (Tatnil Nadu Act X of
1930).
Tip item was insertcd by section 175 (xix), ibid.
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SCHEDULE VIII.
BREACHES,
r,on CONTINUING
YENALTIL.~
clause.
District Mu~licipalitie~
PENALT~ES FOR CONTINUING BYEACHPS--C~N$,
sub-
Section or section er Subject. Daily fine wRicil
may be impored.
[SCIEEDULE IX*.
With effect on and from the 1st April 1959 the following
deemed to have been included b this Schedule, namely :--
(1) padmanabhapuram.
(2) colaohel.
(3) Kuzhithurai.
(4) Nagmoil.
(5 sbsncottah
please see rule 3 in the Schedule t
(8xtension to thn Transferred Territ
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1
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16
District Municipalities and Local Boards
(Second Amendment)
11. Where any district board or panchayat has special
"
I
Schedule to, the Tamil Nadu Re-enacting (No. 111) Act, 1948
(Tamil Nadu Act 1X of lu48).
125-14-55 a *
p
h !
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.&? I '
-i
1946 :T.N. Act XVJI Disirict
Local boards ,,Sec.oad Amendmc;nt)
TAMIL MADU ACTS ENACTED SUBSEQUEm
', TO SECTION 93 SITUATION.
'[TAMIL NADU] ACT No. XVI OF 19462.
' I 3.
[THE '[TAMILNADU] DISTRICT
MUNICIPALITIES
AND
LOCALBOARDS (SECONDAMENDMENT)
ACT, 1946.1
*[Tamil
Nadu] WHEREAS it is expedient to a~nzndihe '[Tarnil N~Jilj
Act V District Mitnicipalit ics Act, 1920, the '~Tamil ?,LC l i ~ j
Of 1920'
1[Tnnirl
Local Boards Act, 1920*,and tllc Mncl:.a- Ciiy Muriic;j-
mdu1 pal, D i ~ t r i Mimicipnlitics
~t and Local U:)ards (Sccund
Act Amerdment) Act, 1942, for tllc' piIrl>,)~e,hercillal'ter
XIV
1920,o f appearing ; I c is kcrcby e n ; l ~ t da3 folrow, :--
Tamil
kadul 1. This Act m y be called the 'Farnil N a d ~ District
] Short title.
glvof Municipalities and Local Boards (Second Amend-
1942. ment)Act,1946.
1 These words were s~tbstittrtedf o r the word '< hladias " by the
Tamil Nadu Adaptation of Laws OrdCr, 1969, as amended by the
Tamil Nadu Adaptation o f Laws (Sccorkd Anendmcnt) Order,
1969.
a For Statement of Objects and Kt!:lsons, see Fort St, Grorgc
Gazette, dated the 27th A u g ~ ~ s1946,
t P.rrt IV-A, page 6 .
*Now the Tamil Nndu District Roprds Act, 1920 (Tamil Nadu
Act XlV of 1920).
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9% District Mrmtcipalities and [l946: T.N. Act XVI
Local Boards (Second A r n m h n t )
2 Where any municipal council or district board
has been superseded or dissolved and has not been k'
I
another date ;
+
(iii) to appoint for that district board a
Spxial Officer to exercise the powers, discharge the
duties and perform the functions of the district
board and its president, during the interval betweeq
the date of expiry of the term of the members pre-
viously holding office and the date on which the
newly elected members will come into office.
I
(2) Where a Sgecial Officer has been appoin-
'[Tamil ted under sub-section (I), he shall exercise the powers
hadu] specified in sub-section (3) of section 240 of the
A C ~ 2LTamil Nadu] Local Boards Act, 1920*, and any such
' officer who is not a District Collector or Revenue
Divisiolml Officer may, if the 3[State] Government
so direct, reccive payment for his services from the
I district f ~ ~ n d . 4
b -- ---
1 These words were insetted by section 4 of the Tamil Nadu
District Municipalities and Local Boprds (Amendment) Act, 1947
(Tamil Nadu Act 11 of 1947).
a These words were substituted for the word "Madras" by the
T~niilNadu Adaptation of Laws Order, 1969, as amended by the
Tarnil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
8 This word was substituted f o r , the word "Provincial " by
the Adaptation Order of 1950. I
P""'
..I.*'
\
*
I
Qozette,
8 N o w the T.lmil Nddu District Boards Act, 1920 (TamilNadu
Act XIV of 1920).
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-
*
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u
1947 :T.N. Act Ill District and 957
,- - . - . .
7. All orders issued by the '[State] Government Validation
before the commencement of this Act, directing the of orders
postponing
stoppage or postponement of elec?ons to a munici- or stopping
pal council or local boardP or any stage thereof, elections.
shall be deemed to have been a valid as if the said
'I
s[Tamil orders had been issued under %he 3[Tamil Nadu]
t Nadu] District Municipalities Act, 192b, and the 'marnil
Act V Nadu] Local Boards Act, 19204, as amended by this
of 1920. 'A~,
8 Tamil
&atadu~
Act
XIV of
1920.
__l_
1
l_--I_I-- ---
This word was substituted Sol. the word "Pr~~vincial"by the
-
Adaptation Order of 19.50.
8 Newt he district board, panohayat union c o u ~ ~ cand
i l pa~lchayat.
a Thcsc words were substituted for the word "Madras" by tho
T,,mil Nndu Adaptatic)n o f Laws Ordcr, 1969, ac amended by the
Tamil Nndu Adaptat~on 01' L ~ W (Second
S Amendment) Order,
1969.
a N<,w the Tamil Nadu District Boards Act, 1920 (Tamil Nadu
Act XIV 01 1920).
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6, .
(Received the asserzt o f the Governor on the 25th October
1950 ;jrst publiihed in the Fort St. George ~ z z e t t r
Extrbao~dinaryon the 25th October 15 50.)-
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AB Act further to amend the l[Talnil Nad u] Dhtrict I
b-
k *--
Provided that in respect of any municipal council
&. i . which is in existence at the commencement of this Act,
..
6-- section 2(a)shall
-? not come into force-
until the date of the next ordinary elections - , / .
~. ,i
2, thereto ; ol: # .
Date of elec- 4. Where any date other than the first day of November
tions and of any year is fixed under section 3, the provisions of the
term of
office of l[Tamil Nadu] District Municigalities Act, 1920, shall have
~uncillorseffect, subject to the following modifications, namely :-
whase pre- (a) The State Government shall cause elections to be
sent term is
extended UP held to every municipality concerned, so that the newly
ta any date elected members may come into office on the date fixed as
other tban aforesaid.
the first
Nov~mbq* (b) The term of office of the newly elected cou~dllors
,:
shall, ,subject to the provisions of the l[Tamil Nadu]
'*
* I +
District Municipalities Act, 1920, d the Madras
District Munioipalities and Local Boards (Amendment)
Act, 1921, expire at noon on the first day of November
immediately succeeding the expiry of three y a s from the
date raferred to in clause (u).
Qhese words were svlbstituted for tke word " Madras," by the
Tamil Nadu Adaptatioii of Laws Order, 1969, as anlended by the
Tad1 Nadu Adaptation of Law$ (second Amendment) OrcZer, 1969 6
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.- ;" 11
1'% , '
, *
. I
I
4
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z;zi.:rziciyal colrizcillors.
BE il cnzicteel by I b.c I .cgir;lrtul-c (.f tl-ic: S!:~tc c:f 'I:,n~il
Ni7.d~in the T \ t r c ~ ~ t y - s c c ~Year
! ~ d of tkc Rcp~~blic
b 3 fIndia as f'ollows ':-
PLIRT I.
PRELIMINARY.
1. (1) This Act may be ca.lled the Madras City Muni- Short title am
cipal Ccrporati~nand Tamil Nadu District Municipalities commencement.
( h e h d m e n t and Extension c.f term of office) Act, 1971.
. ..
(2) It shall ccne into force on such date as the State
Government may, by not ific::t ion, appoint and diff.=rent
dates may be appointed for different provisions of this
- - -.-
*For Statement of Objects ;mci Rci~sons,see Tur~rilP&td[tGovern-
/'
'rncnt Gazette Extr.acrc in :ry d:.ted tfic li th Julv 1971, Part 1V---
' Sectioll 3, page 281.
1 The expressio~l " section 40 " was omitted by s&on 2 of
, the Madras City lvli~nicipal Corporation and Talxil Nadu District
Municipalities (Ameirdment and Fxtelasion of term of ofice)
(Amendment) Act, 1974 (Tamil N8du Act 11 of 1974).
/
/
I
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1216 Mrr~l,.~sCity hllinicipnl [1973: T.N. Act 22
Corpo~ationand
Tamil Nadu District Munici~~nlities
(Arnenrl,n~ntand Exfensicn of term of office)
PART 11.
~ ~THE
j q h l ~ y OF MADRAS
~ ~ ~ s CIW MUNICIPAL
COR~ORATION ACT, 1919.
2-34. [ T / Ja,nen6herlts
~ made tfiese sectiorrs
already b p o r incorporated in the principal Act, ~ e f y ,
Madras City Municipnl Corporation Act, 1919 (Ta
Nadzr Acr IV of 1919)-]
Madras City ~ u n i c i p n i
Corporatbrt and
Tamil Nadu District Municipaliti?~
{Amendinent und Extension of Term of Offife)
PART 111.
PART TV.
EXTENSION
OF TERM OF COUNCIII,I.ORS.
OF OFI:ICE
*
38. In this Part, unless the contcxt otherwise rccjuires,- D
C-1-125-7-77
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1 This expression was substituted for the expression " the firs
day of November 1973 " by section 4(i) of the Ma* City Muni-
cipal Corporation Laws (Amendment) Act, 1973 (Tamil
Act 34 of 1973), which was deemed to have come into for
the 6th October 1973.
a The expression and th reafter Ihe provkio
"
and 55-A of the said 1919 as amended by this Act
as may be, apply to the next ordinary election ta be
omitted by section 4(ii) of the Madras City
ration Laws (Amendment) Act, 1973 (Tamil
1973).
n "
- - *
,
--'Y P .. -, .e
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1
I
1
?
.
10. (1 ) Notwithstanding a n y t n ~ n g contajncrI in fileExteasion of
term of office
, 1920 Act, as amerded by this Act, the term of ofice of,- of councillors
of Municipal
(i) l[the councjllors of any in~lnicipalcouncil (other Cotlncil.
, than the Coimbatore Municipal Council)] h o l d i ~ goficf*
as such on 2[tl~edate of publicatioi~of the Madras City
Municipal Corporation and T:t~nilNadu District Munici-
palities (Amendment and Extension of Tern1 of office)
(Amendment) Act , 1973 i 11 t fre Thnzil N'dlr Gavi~rt~nle~ttt
Gazetfe,] and
1229
. ,
<
I /
frmy=fl--
I
.*-;. ,,, - ,
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SCHEDULE I.
SCHEDULE 11.
PROVISIONS.
TRANSITIONAL
(See section 35.)
F.*"' . .
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ifld : hesfient$sAct 221 Madra;~bity Munfclpal 595
Corporation, Tamil Nadu
District Municipalities an c
Tamil Nadu Panchayats (Amendment
~
I payable, and credit shall be given to him for the amount
so deducted on the production of the certificate furnished
under sub-section (5) in respect of the profession tax,
if any, due from that person for the relevant half-year
under this Act.
(4) Any sum deducted in accordance with the
provisions of sub-sections (1) aqd (2) shall be paid with~n
1 the prescribed time to the cred~tof the corporation.
(5) Every person making the deduction under
sub-section (I) or sub-section (2) shall, at the time of
payment of the salary or wages or sum, furnish to the
persons to whom such payment is made a certificate to
the effect that profewion tax has been deducted, and
specifying the amount so deducted and such other parti-
culars as may be prescribed.
(6) Where profession tax due from. any
employed person is deducted under sub-section ( I ) or
sub-section (2), the person from whose salary or wages the
I
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I
600 h a 1 Authorities' 11976: President's Act 23
Laws (Amendment)
1
such period as may be prbscribed a ter the e x ~ i r yof tk.0
half-year, deliver or cause to be elivered to the exe-
cutive authority in the prescribed orm and verified in
the prescribed manner, a return in writing showing the
name and residcatial address of every person from whose
salary or wdges deduction was made under sub-section
(1) or sub-section (21, and of every person to whom the
sum from which such, deduction was made is payable,
the am,unt so deducted, and tre half-year to which the
deduction relates.
(8) If any person responsible for making
any deduction under sub-section (1) or sub-section (2)
fails to comply with any of the provisions o f t his section,
he shall be punisbable with h e which may extend to five
hundred rupees :
I
Provided that nothing contained in this sub-
section shall apply to the Central Government or any
State G~vernmentor any officer of any such Government.
(9) The provisions of this section shall apply
any law to the contrary for the time
being in force.".
4 . [The amendments made by this section have already
been incorporated in the principal Act, namely, the Tamil
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958).]
5. [The umendment made by this section has already
been incorporated in the principal Act, namely, the Madu-
rai City Municipal Corporation Act, 1971 (Tamil Nadu
Act 15 41f 19711.1
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I
1978 :T.N. Act 231 District Municipalities 703
(Amendment)
Provided that the number of councillors so notified
shall not be more than fifty-two and shall not be less than
twenty :
Provided further that the power to determine the number
of councillors shall not be exercised by the State Government
more than once within a period of five years in respect of
any municipality. ".
4. After section 7 of the principal Act, the following Insertion of
section shall be inserted, namely :- new section
7-A in
" 7-A. Election of Chairman.-The chairman shall be Tamil Nadu
vof
elected by the persons whose names appear in the electoral 1920.
rolls relating to the municipality from among themselves
in accordance with such procedure as may be prescribed :
- Providt:d that a person who stands for election as chairman
shall not be eligible to stand for election as a councillor :
Provided further that a person who stands for election
as a councillor shall not be eligible to stand for election as
chairman :
Provided also that no councillor shall be eligible
to stand for election as chairman. ".
5. In section 8 of the principal Act,- Amendment
of section
8, Tamil
(1) in the marginal heading, for the word "councillors", Nadu
the words " chairman or councillors " shall be substituted ;V of 1920.
(2) in sub-section (I),-
I
section 50,
ram11Nadu Act (1) in the ma,ginal heading, for the word 5"coun- I
I
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1978: T. N. Act 231 District Municipalities 711
(Amehnt)
(2) in sub-section (I),-
(a) for the words " a councillor ", the word.;
" the chairman or a councillor '' shall be substituted;
( b ) in claus~(f), for the words "any other
councillo. '' the words " of the chairman or any o t h e ~
counoillor " shall be substituted;
(c) in clause (1) and in the proviso, for the
words " a c~uncillor", the words "the chairman or a
councillor " shall be substituted ;
1. (1) This Act may be called the Tamil Nadu Local horl title
Authorities' Laws (Amendment) Act, 1980. and corn-
mencement.
(2) It shall come into force at unce.
PART 11.
i
k o c n ~Authorities9 ~ o w s [19$0 : T.N. Act &
' I '
- frd
(Amendment) $
I
~ i ~ l a n a t i.-o
d n or the purpose of this sub-section, the
expressions ' panch?yat ' and ' City ' shall have the
meanings respectively assigned to them in the Tamil Nadu
panchayats Act, 1958 (Tamil Nadu Act X M V of 1958).
the Madras City Municipal Corporation Act, 1919 (Tamil
Nadu Act IV of 1919) or the Madurai City Municipal
Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or
in any other law for the time being in force.
*.-/.*'-:.,.
-F-.
f E3p - a.
: - *
&
* --
A 5:; rtz.jo*
&ereof cease to be ordinarily resident therein.
PART IV.
AMENDMENTS OF THE TAMIL NADV
PANCHAYATS ACT, 1958.
11. In sub-section (1) of section 12 c f tkc Tamil Nadu A"dm@nt Of
Panchayats Act, 13% (TGLI~: 3k2u Act X X X V of 1958) Section Nadu12,
(hereinaftel in this Part riferrea to as tre 1958 Act), after A C xxxv
~ of
the proviso, the following proviso shall be inserted, 1958.
namely :--
"Provided f~rtberthat no person sball b: co-opted
under this sub-section unless be kss completed bis twenty-
drst year of age.".
12. In sub-section (4) of section 15 of the 1958 Act, for Amendment of
the words " whose name appears in the electoral roll foi the Section
panchayat ", tte words whose name appears in the Taxi1
64 Nadu
Act xxxV
electoral roll for the panchayat and who bas completed of 1958.
ber twenty-&st yehr of age " shall be substituted.
Amendment of
13. In section 2C of the 1958 Act,- section 20.
Tamil ~ a d i
(i) for sub-section (1) including the proviso A,, xxxv
and the Explanation thereto, the following sub-section of 1958.
ahall be substituted, namely :-
"(1) For every panchayat there shall be an electrol
roll which shall be prepared in accordance .with the pro-
visions of this Act and such directions not inconsistent with
the provisions of this Act as the Government may. from
time to time, issue in this behalf,
(LA) A person shall be disqualified for registra-
tion in an electoral roll if he-
(0) is not a citizen of India; or
- --. . --
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PART V.
e
% . / . "
, , r /
i ,/ ,.
. 1 . s - r .
5th December
. -.
. -.
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-1 i i E SECOND SCI-IEDULE.
.3 Kanchcepusanl ..
.. 1153, tlrrted 17th July 1978 .. .. 11(2)/~~~13775./78 at pages 407 to
408, dated 2nd August 1978.
5 P~llavapuralll .. .. .. 424, dated 23rd February 1974 .. 11(2)RUL/1124(y) and (2)/74
s 36-39, d.aterl 23l-d Febrru
I
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I I
.. .-. 242, dated 7th February 1974 ..
11(2)/RUL/877(n) and (o)p14 at
. 9Ambur I * pages 7-10, dated 9th February
I - 1974.
I I
, . . 181,dated31st~anuary1974 .-,*II(Z)/RUL/748(g)ar?d(h)/74atpges
A
7-8, datrd 2nd February 1974.
i o ~ f ~ t
C
i
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F
i I
8 . .. 96, dated 18th January 1974 .. II(2)/RUL/283(aah) and (aai)/74, . , f
1 1 Arkona nr r 8 ' at pages 10-1 1, dated 1%h January e
I a / 1974. %
k
,i ,, ...-2,dated 2nd January 1974 .. 11(2)/RUL/lOO(a) and- @)I74 at g
12 Arni I # pages 1-5 ,dated 4th January 1974.
. . . 406, dated 22nd February 1974
$
1 . . 11(2)/RUL/1124(0) and @) 174 at
F3 Gudiyatll~lii pages '16-19, dated 23rd February P
1974. P
+ 1
.. . . 2698, dated ist December 1973 . . . II(2)/RUL/5773 (i) and (j)/73 at P
14 Ranipct +
pzgcs 3-5, dated 3rd December P
1
.z 1973 k
, a . . . 241, dated 7th Februal-y 1974 . . II(2)JRULi877(d) and (e)J74 at pages k
15 Tiruppatllllf 3-53 datt d 8th F e b r ~ a l y1974. t;
" .. . . 94, clated 18th January 1974 II(Z)/RUL/283(aad) and (aae)/74
'1 6 Tjmvanfle 'llli 11" at pages 6-8, dated 19th January
1974.
lI
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, . 46 t'dumalaipettai '. .
. ... 3, dated 2nd January 1974 ,. .. II(2)/RUL/lOO(c) and (d)/74 at
-
47 Coonoor ., .. .. .. 2684, L t e d 30th November 1973 . . II(Z),RU1,,5775(g)
pages 5-9, dated 4th January 1974.
: and (tL)/73,-dated
3rd December 1973.
48 Udhagamandalam .. .. 2866, dated 29th December 1973 . . II(l)/RUL/6307/(j) and (k)/73 at
i .
pages 5-10, dated 31st ,Gecember
n-n
1 Y 15.
I 49 Bodinrickanur ., .. .. 408, dated 22nd F~bruary1974 .. I I ( ~ ) / R u L Il24(s)
~ and (t)/74 at
page. 22-26, dated 23rd February
S' 1974.
50bhinn-imanur .. .. .. 1868, dated 17th November 1977 .. 11(2)!RUL 621 5 and 6216177 at
pages -737-739, dated 21sl Deem-
ber 1977.
$1 Cumbam
i
. .. .. .. 182, dated 30th January 1974 .. 11(2)/~~~1748(rn) and (n),74 at
prges4-6, dated 5th February 1974
52 Dindigul .. .. .. .. 331, dated 14th February 1974 .. 11(2)/RUL/1003(1) and (m),74 at
.,.-* 21-25, dated 16th February
pages
1 Y 14.
53 Melur* .. .. .. .. 1086, dated 5th July 1978 .. .. I1(2)/RUL/3631/78
9nq ctnn
57 1-577) diiitu3 n r
Awn
r at
juiy pIY e15.p
$4 Palani .. .. .. .. 2715, dated 5th D. ;ember 1973 ..
b
11-1 No. 59448) and (f) 73 a t pages
1-6, dated 7th Decern er 1973.
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tration Department.
5 68 Mayiladuthurai ..
69,Nagapattinam ..
1974.
5 Devakottai .. ~. . . 269, dated 9th February 1974 . . II(2)/RUL/877(ab) and (ac)/74 at
pages 34-39, dated 9th February
1974.
(1 K arai kudi .. .. .. . . 327, dated 14th February 1974 . . II(2)/~U~/1003(d)and (e)/74 i't
pages 1-8, dated 16th February
1974.
' ; Peramakudi .. .e .. 256, dated 8th February 1974 ..
II(2)/RU~/877(v) and (w)/74 at
pages 21-25, dated 9th February
1974.
TS Rajapalayam .. -. .
. . 2833, dated 26th Decemb.er 1973 . II(l)/RUi/6307 (a). and (b)/73 k c t
pages 1-6, dated 27th December
1973.
i 9 Ramanatha?uraiii .. . . 29, dated 3rd January 1974. . . 11(2)/RUL/lOO(q) and (r)/74 at
pages 33-37, dated 4th January
1974.
$0 Sattur .. *.. .. ... 32, dated 3rd January 1974
v
.. I I ( ~ ) / R u L /00
~ (w) and (x)/74, at
pages 43-45 dated 4 t h January 1974
F I ',ivaganga .. .. .. .. 30, dated 3rd January 1974 UL/lM)(s) and (t)/74 at
s 37-39, dated 4th January
$2 Sivakasi .. .. ... .
LZ1-r.
. . .. ... :: 11(&!~~~/283(aat)
110, dated 19th January 1974, ' and (aav)/74'at
.- .. . . . gages.1-6, .dated ..,20th,j ~ ~ u a r y
.- . .
..
- . . - ......
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(2 (3)
. 272, dated Sth February 1974 .. I I ( ~ ) I R U L I(al)
S ~ and
~ (an1)/74 at
e pages 49-50, dated 9th February
. 1974.
-
t,
": pages 28-31, dated 16th Febluary :4
7
., .
i 1974. i
T
..
e-
b S Pala~~nmcotv~i. . .. . 239, &led 7ih Fcbl iiary 1974 II(2)/RUL,/X77(p) and (q)/74 a1 2
H
psgw I 1 13 a e 9.11 Fcbruary
1974.
,i 2
+%
...- -.-. l n 7 A 'I$
.. .. ,
8 n A 2-<-A qq-A F,1.
.. (1)/?4 .t
$1"
Puliangudi " 1 i TT(?\ I Q I T T 11 1 ? A ~ L \ .,=A
ALP,1 r \ v L l , r ly7\l.,
uliu
91 Shencottai ..
1974.
I
A
3
93. Tirunelveli .
95 Colachel ;.
~ / 5 2 6 5and 5266178 at
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I a'a
I
i ria*
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. ...... . .
.. . - Act of - the
.........
~ a m i lNadu Legislature received t h~ '
, . ,
.
-. . .
,
on the 3 .. l&uary .. 1986 and i s hereby-
, .
1
; . -
. - . . . -
.- ' < .
I
:
. +
'
:Pi,,;b& hed f~r general information :-,
::*:
- f.
. ,
Ah;'-A; et.-
to bend the Tarrril ~ u d hDistrict Municipaiities
.--fw(hir :,
I .
.. . . . . . .... . . . .1920.
Act,
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,
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- ' BE,it enacted b y the Legislature of the State of ~ a ~ Nadu
i l ' in the
.
#* ;!
I
Thirty-sixth: Year* ~f ..the Republic of India .as follows.:- ,
I
,I;,',.
: , I
;,I.. -
- .
. 1. ,Short title and cqmmencement.-(I) This Act may bc called
..
,
. ,:Tamil
. : ..Nadu District Municipalities (An~endment),Act, 1986,
!I,
i i ,
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,. .
'!c the '.. . --'
,
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,:':
, . . .
.
1 '
- .. into.force at once.
-.. 1 ' . . +Itt shall
. . ";(2)':
*, . .' ,-
. come
-..:. ..
,. ,, .,.
. .
. . .. .
, - - .
ljijj : . .
'I " '
3 : ~ ~ k e n d m e n z osection
', f' 368, Tatnil Nadu A C ~V of 1920.-
8 df h e p r i n ~ i p a l - ~ cin
t ; sub-section (5),-for the expres-
sion "-four years':, the expression "three years" shall be substitu-
.. - . i.. ,.::,,- 1.i-': \ I 1
1
. -
. . ( B drder
~ of the Governor)
S. 'VADIVELU,
(3rnrnissioner uad Secretilry to Gov e r n ~ e n t ,
Law Department.
- .I .. , . . , . . ,. , . . .
4 .
-- . . - . . . . . . .
-..- -
- -..-+ ,
. . . .
- - b
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L:
-
The failoning Act of the Tami) Sada Leeislaturz r e k d ?he
;i=t of thc Governor ca the 20th May 1456 a i d P hereby published
h ecaeral information :- \I
ACT No. 32 OF 1.986.
An Act f!r~.ther to alltend !he Ia:,v5 relatifig ro P,:lurricipal Corporation
find Municipalities.
ate of Tamil Nadu in 'the
Thirty-seventh y e a r a&e Republic of India as follows :-
' .
PART I. , . i 4
..
i PRELIM,lNARY.
.? , ,
il
' .
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. !I
AMENDMENT TO THE TAMIL NADU DISTRICT ILIWCX- '
- - lj
+
CORPORATIOS ACT, 29 19. !i
<, ,
' .-NADU GDVEllNMLTT GAZETTE EXTRAORDINARY
170 .,TA;MIL
bcaid:
(c) The meetings of the aduiso~yboard and p r . ~ c e d ~ ! ~toe be
follo~wd'therein shall be regulated in such manner as may be
p~escribed.
-.: -
( d ) The term of office of the..members of the advkory board
shall be such as may be prescribed. . ". ,
PART ZLI. I
.
is ordi~pql~,~esident in :~he.,rnuni.cipadity;shdb e : - entinled to take
part h' the proceedings,af thz .c.ounciI~
' but,.shall not be entitled to
, . vote therein :
' L . 6' . . . , ,
-. .. ,
., ,
:~~~vi,d@-$at..
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nothing. coni,ained.3n . this sub-section' shall . be .
. deem~d.$oo:di&en~~eame~ber.:ofthei~ta~.Legislat~ve:
v.>~ I iff.! -Assembly:,
a '
.-
;r.': . , .represeritangn'awnstituendy c o m p r & i n g : @ e w e . b r any part...of a
. 1
,,.
- ! . munid~alityor any member of the State Legisla* , : ~ o u ~ . cwho,
i l , is
ordinqilyt\re&dent inia municipdity,-;who has been ,elbbtcd as--.a
...A
ii
-:-' - . . ~ounc#Qg?~o~
. .. . ,
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chairman;
. . . . .
4af his *right.-t- ;vote. ? -
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, - (By.-:order:of the. Governor]
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a n S. VAD&VELU,'.
F:
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,
- Com~cissio+?r ond,.Secretory. to Gbvernment;
Law Department, ..I .
., ' .
l <
I- . .
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f~ f l , . . r - y * - ~ i ~ 3f U'P. /1A.1\-.:--9
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the words " the Taxation Appeals Cornmiktee " shall,be substituted ? ' -I;~x ~?::*
(ii) for item (a), the following .item8 shall be substituted, . \ .. :i-j'""
7
namely :- # ' 3 3%
<-
;i
Municipal Administration under r d e 3; , ".'
; 23 p
+,
, , f
I
1
(aa) any order passed by the executive authority under .,>!y
.s,
rule 4 ;", - 2
.
$(.
a ,
r.7~
( e ) rule 24 shall be omitted: ,,a
. pa
- ,&\
(f) in rule 26, lor the words "the council " cccurring in ~ F V O *
*laces, the words " the Taxation Appeals Committee " shall be, - . .
;&stituted ; .
-8
*' . c' '
.
,-"? *
(g)
.._ " the
in rule 26-Ay for the words _ -, - Council " occurring in . e
.II A ehall he
three &ices, the words " the '1.axanon Appeals ~ ~ l l ~ u l l r r r r
~A-lm;44acra >9
oAI- .,- - ,
3
..%
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F
( h ) for rule 2/1, the following rule shall be substitute4 :$$
namely :- . 'i ,:,&
t 27. 'me assessment books maintained under su5-rule
cc
- .
- ---- 2- shall be corrected in accordance
nf mle
VI
..
with the decision qf the $2
Taxafm Appeals Committea and m tne event of thc am
any tax being ~pA11-d nr remitted bv the said Committ
A*--- #...hLfi";+*, Qh
" ldicatim
", words " the dectsion cn toe Taxation A
. ,..
,
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TAMIL NADU GOVERNMENT GAZETIE EXTRAOKD~~~~\RY
--- - ----- --- - ----- - -- -
( i ) in rule 28-A, for sub-rules '(1 ) and (21, the following
' , sub-rules shall be suktituted, n m d y :
(1) The powers of the executive authority under rule 4
"
'
(2) 1'Be special officer appointed under sub-rule (0 shall'
' have all the powers of the executive authority under rule 4 and
, clause ( b ) of ru1.e 26 and of ths Taxation Appeals Comnlittee under
rule 23, rules 25 to 2.8, as are. necessary for thc purpose of
i
exercising his powers under the said sub-rule and he shall be entitled
to the same protection as the executive authority, or the Taxation
- Appeals Committee, as the case mav be, is entitled. ''.
(By order of thc Governor)
S. '\TADIVELU,
Coszmissi~nerand Secretarj1 'to Go~~;-r~?t?tcnt,
La1.v Depart.:---~vt.
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,, 7
S. VADIVELI!,
Cornmissioner and Secvetarv to Gover~!nzent~.
Law ~ I e ~ a r t m e n t .
-- 7
PRJNTI?? AND W L I S W BY THE DIRECTOR OF SThTIONER17 A M ) PRINRNC)
.
9
MADRAS, W B W F 6P THa C)OVERNMm OF TAM& N W
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In tile l'amil ~ a d u -District
- Municipalities At t, 192.0 (Tamil Nadu
Act V of 1920) (hereinafter referred to as the print@al Act), after
section 162, the following section shall be inserted, namely :-
" 162-A. Planting and preservation of avenue trees.-The
municipal council shaU, at ,the cost of the municipal fund cause trees
to be planted at all convenient places on the sides of all public
streets and make adequate arrangements to preserve such trees. .
3. Amendment of section 191, Tamil Nadu Act V of 1920.-In
section 191 of the principal Act, in sub-section (31, after clause (e),
the following c ause shall be inserted, namely :-
" (ee) number of trees to be planted and preserved around a
tA ~ ) Ex,(379) -2
~ r d u 1V-2
/
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E
!i TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7
;/
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The follo~vjngAct of the Tamil Nadu Legislative Assembly received the
I
assent of the (iorcrnor on the 25th F'e11ruar.y 1989 ancl is hereby published
for gonc\r;ll inl'ol.l~ltio on :-
.lCT No. 4 O F 1989.
A n - 1 c t j'l~r.t7~er.l o c~ntelrd lltc Il'nnlil Ntid?t J)i,rf?'i('l IlI?i?ticipal~iliesAcl, 1920.
1 3 it
~ cnacted by the Legislative Assembly of the State of Tamil Nadu in the
Fortieth Year of the Republic of India a3 follo~vs: .- -,
1. (1) This Act may be called the Tamil Nadu District Municipalitia Short title a
(Amendment) Act, 1989. ccmmncement.
" three years ", the xvords " five years " shdl be ~ubstitut~ed.
3. I n section 368 of the principal Act, in sub-section ( 5 ) , for the words Amendment of
" three years ", the words " five years " shall be substituted. section 368, @
4. Kotwitlistanding anything contained in the pi*incipalAct as amended by extension of terr
this Act, t l ~ et ~ r n lof office of the Chairman and the councillors of every of
Chairman an,
C
Municipal Council holding office a s such on the date of commencenlcnt of this Counci~lors
Act shall extend upto the noon on the 3rd March 1991.
&. --.!
.,.. -
Municipal Cour
cil holding offic
,
as such on th
commtncement
of this Act.
(By ordcr of thc Govci~nor)
P. JEYASINGH PETER,
Secretary to Gocem~vzent,Law Departt,zc~zt.
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TAMIL NADU GOVERNMENT GAZETTB EXTBAORDIJ!URY - , 5
-
The following Act 01 the Tamil Nadu Legislative Assembly meived the
assent of the Governor on the, 18th July 1991 and is hereby published for general
information :-
ACT Na 19 OF 1991.
An, Act ficither to am.erid Tamil Nadu District Jfunicipalities Act, 1920.
-.J Nadu 2. In section 7 of the Tmnil Nadu Di$rict Municipalities Act, 19% (here- ~ m a d of~ ~
t V of B920. inafter referred to as thq principal Ad),-- section 7.
(1) 'in sub-section (2), for the words " All the councillm ",the worda
" Save as otherwise provided, all the councillors " shall be substituted ;
(2) for sub.secticns (3-A) and (4))the following sub-sections shall be
suhst,itutd. nanielv :-
" (4) Among t i e elected councillors of every municipality, there shall
be, as nearly as inay be, thirty per mt representation for women and if
sufficiclat number of women are not elected to that extent in any munici'wty,
the electedlmoiilbers of thq council shall, at the first meeting of the council,
d t e r each ordinary election to the council, co-opt to itself such: nynber of
1 svomn as may bo necessary tla councill~q,in acccirdance with' such proceilrzrc
as niay be prescribed to ensure that there is thirty per cent representation
$or wcmen in that municipdity :
Pro~idedthat no woman shall be co-opted, as councillor under this
sub-secti6n unleprs her name is included in tha electoral roll for the municipaliv
and she has completed twenty-one years of age:
r \
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of - .
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GOVERNMENT. GAZETTE
EXTRAORDINARY E ~ AUTHORITY
~ U ~ L I S H BY
I
I
a k I
A- and
TnmilamilNalu ' L
. , ...
, - r J,
*
AND WNE13EAB it haa become nemaary to improve the architectural
'3 planning of the bnildinga and etructuree in the hill 'statiaos sa as to harmonize
I
them %it11the environment and emmyatern of auch hill ebatiow ;
: AND WIIEREAS it has become necemary to control and regulate the' .
oons~ructionand reconstruction of buildings in the hill atations m m effectively;
i
'
AND WHEREAS it is ionsidered thst enoh 0-6 and remudrue- '
'
tion of buildingel in the hill stations can be effectively regulated by the Stab ,
aOvernment ;
AND WBER~JIISto acdieve the pbove objeate it haw been decided that., ,'.
1
licence for construction or wconidruction of buildinga and the uae of the land, i
etc., in the hl11 8tations shall hereafter be granted only by the State ' , ' 1i
Gwement ; I
ii
AND WEEREAS it is ommdcred necmmy to make mitable pmvjdona
in 'thd Tamil Nadn Dietriot Munieipalitiee A d , 1920 (Tamil Nbdu Akt V of
IbaO), forrthe regulation ail the co~rucbionor ~ s t m c t l o of
n buildiryts 8nd ,
t 8
' I
th are of Isade, etc., in the hill &tiom and for.&r mat- ~DXWW',
ttrswwith or lncidentrl tbrrl.4
( A Group) IV-2 Ex. f703!-1 1 223 1 j
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(2) It &all come into force at once.
- , ! statiohs. '>
217-B.Prohaition of construdwn or reconstruction of buiuings, etc.,
without licence.-(1) No person other than the Central or State Qovernment
or local authority, &dl-
(&) cbn~truator re
(6) put tc, use any dqrieliltliral land tcv any nun-agricultural purpose;
or
( c ) carry out any engineering, mining or otller allied opel3ntio~\son
( 2 ) ( a ) When any
ifovcrnment or any local authority. poposes :to c a r y out any cons%ruction
- cr reconqtruction of building on any land or put to use any agricultural land
to h&-agricultWa.1 p u r p e or m r y out any engineitring, mining o r other
allied operations on any land within the area of the hill @tion, the officcr-in-
chmge. t h e m &all, inform, i~ prlitipg, Committee $07k r c h i f t c t d z and
t W h e t i o Agpecta constituted under igtwtion 217-C (hereinafter in this Chapkr
referred to a$ the Committee) the intention to do so, givirq full partieuhry
there0 F, and accompaniei!
I
I
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cD
3
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accompanied by such p l & ~and fee as may be prescribed and shall be sub-
mitted to the executive authority.
(21 On receipt of an application under sub-swtiop (I),tke cxectutivc
authority shall, \llithjn such time as rlwy bc pr~scrilgd, examine the applica-
tion with 1.cFeiwnoe to such building rules. as may l)r, prewribetl for the Iwr-
p w of this Chapter and forward the same to the Conimittee.
/
(3) ( a ) For the purpose of this Chapter, the Statc Government may T-
constitute a C'omlnil-tee called the Corninittee br Architectural and Aesthetic . ,
Aspects for all the hill stations 'in the State of Talnil Nadu, with euch number?
of offieialsand non-offieiarla a;od having such,qwlificatio4s as may be prcucribecl.
( b ) Tkie term of ,office of the non-official members of the Co~wnittce
and other matters rclnting to the conduct of the meeting of the said Coninlittee
including the allowances payable to the non-official members shall be such tts
Iuay be prescribed.
(4) The &&&tee shall examine every application r&ivg from
executive authority in all aspects and forward the Pame to the State Govex&
ment with its remarh. * ,
i
( E ) the level. and width, of the foundatiop, thc levgl of the low&
? floor and the ilt&By 01 t h structure ; . q L a
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i
t ( m ) the msans of cgrcss fmn~the huilding i n c u g of fire ;
. (12) the materials to be used for, and the metbod of construction of,
e-ternal anct partition walls, r o o q floors, fireplace3 and chimneyg ; , -
(o) the height and slope of the roof & ~ ~ rthe e upper-most floor on
which h u m a ~k i n g s are to live or m k i n g is to be done ;
(;1) any other matter affectin@ the ventilation and mnitatioa of, the
building ; and ,,, ,
' .. ,
( q ) such other mattera ae m y be p&bed.
0
- EXTRAO~INARY - .-*,.,- ';b7
.
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(b) puts to use my a g r i d t u r a l had to non-agdmlturhl pnrpbg
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' other than the purpose for which the use of the land w as;pernlittt?d under the
"'licence, . . , , , ,
. 5 . % -
v
s b l 1 be puniehable with fine which may,extend to five, thouaand rupees.
.. 217-H. Penalty for subsequent offence*-Whoever, after having, lieen
, .convicted of an offence under this Chapter, continues to commit such off~lce,
.
shall be punishable with fioe which may extend to three hundred iy@ forT
,.each day after th0 previoufl date of condbioi! during wGch the offence
continu&.
s o 217-1. Ofences by cnn~panies.-(1) If the person committing an offonce
I
under tllisi Chu]>teris a company, every person who a t the t i h e the; bffenCewas
'ccin~mitted, w w in charge of, and . waa respoqible to, the compalny 901. th~c
coricluct ~ I Ethe kusiness of the company, as well as the -ompanf;' shall ' he
..,deemed to be ~qliltyof the offence and shall be liable to be proceeded against
and punished i~ccordingly:
I B
,
I
(a) " company " means any body corpornta r!nd includes a R r n ~ ,
society or other m i a t i o n of individnala ; and
L
(6) " director " in relation to-
': :
- .
,
(i) a firm means a partner in the fir&;
(ii) a society or other association of individ- means a e . p m w n
who is e n t r t ~ s t d uncier
, the rulesl of'the society or other association, with the
I lnianwement of the affairs of the society or other association, as 'the case ~ l l t l y
- ., ,.
,be". - 5 ~
C
(b) to stop the user of any building or land for , m ypurpose ; 04*
(c) to alter or demolish, within imch %meas may be specified in tho
tviotice, any building or m y part thereof ;or . .: 8
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. * . ,. .I , . ., ..?.,. f 3
if in the opinion of the St* @overn&eit i h ~ ~ i ~ s t A i c t ? d robdhbhstrurtion
n~br
*cof3lie:2iuilding or 'yart thereof, the ,user' of the.building: ot.,I ~ n $ ~ ~ r f luser
& of
1
.
qny ngricultural land for non-agricultural pu,yoRe or ,tho carrying, out of the
..', I..
bh~lding,engineering, mining or other allied operatsibahfa id &ntra+),nti,on of
any of the provisions of this Act and ih particular, t h e w d i i i i W d'YEis I
C h n ~ t e ror the rules made thereunder or any of the terms and conditinw'
:sul)ject to which a licence is granted under this Chanter.
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I 228
:..d
- TAMIL NADU GOVERfiMENT GUETTE EXTRAORDINARY
-
(2) If apy di~eationgiven unde;. sub-sectipn (1) is not co~npliedwith,
-- d.:-7- A-
2
' I
. (4) Emry application to the 'State Govcrnment for the exereise of
their power under this eectian shall be made witLlhL:womonths from the date
on nrhich.-the order, decision'or direction made by the Ststc Government inclll-
ding %hegrant of a licence to which the application relatea was communicated
to the applicant :
b v i d e d ~lhat.the Stste Government may entertain an application I I I ~ ~
after the expiration of the said period of two months ifl they are mtisfied Q2mt
the aprp1icant .had au8k;enf cause for not making such application in time.
217-L.Revision by High Court.-(1) Any peram aggrieved by an order
of the Sta% GFovernment under d t i o n 217-K may within a period of sixty days
fran the dater on which a capy of the order was communicated to him, file an
application for revision of such order to the High Court :
(cf) tmy order p.BLJBbd :by the State 43overnmetrt -under se~tion217-K; DC
.(.sJ pera at ion of any of the provisions .of 'thie Chapter aa. the mlerr
.-
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M. blUNIRAMAN,
Secretary to Gover~znient(h-charge). Lazu Depavtl~te?bt.
a
'
, ..
4
~RU'JTEDAND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTfNG. MADRAS. ,+
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU 1
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. I
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the :7t h May 1994 and is hereby published for genml
information :-
An Act furrl?er to omend rkr Tamil Nadu District Municipalities Act, 1920.
, 9 .. . Be it enacted by the Legislative Assembly o: the State of Tamil Nadu in the Forty-
/; $: fifth Year of the Republic of India as follows :-
!t Short title a d 1. (I) This Act may be called the Tarnil Nadu District Municipalities, (Amend-
i: comrnegcemenr. ment) Act, 1994.
(2) It shall colne into force on such date as the State Government may,"y
notification, appoint.
2. I n section 3 of' the Tarnil Nadu District Municipalities Act, 1920 (herein-
of section 3, after referred to as the principal Act),-
(1) after clause (7), the following clause shall be inserted, namely :-
"(7-A) "Chairman" means the Chairman of the town panchayat or the
municipality, as the case may be;"; ~,. __ I* .,l...I
(2) after clause (9), the following clause shall be inserted, namely :--
r:'
Commission9' means the Commission referred to in section
'-(g-~)~'~jnance
114-B;"; , .,- ,,,*a*
7 v v
(6) after clause (28-B), the following clauses shall be inserted, namely:-.
"128-C) "State Election Commission'' means the State Election Commission
referred to in section 43-B;
(28-D) "State Election Commissionei' means the State Election Commissioner
referred to in section 43-B :";
(7) after clause (29), the following clauses shall be inserted, namely:-
,"
'"29-A) "town panchayat ' means an institution of self-government constitu-
ted for a transitional area as defined in clause (2) of Article 243-4 of the Constitution;
129-Bj "Wards Committee" means the Wards Committee referred to in
section 24-B;".
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EXTRAORDINARY
----
3. Attet Chapter I of tke principal Act, tile followrng Chapter shall be Inserted, Insertion ok now
Chapter 1-A*
c~cH~PTER
I-A.
-- - PANCFIAYATS.
TOWN
-3-A. Appricotion of Chdy;~r.-'Llus - pa~icliayats.
Cliapter s;~allapply only to the town
: - -------. Tkc Governor,--
3-B. Forot~tionof tc ,::I pcizc1zaya:s.-(1)
\
(b) shall, by notification, specify the name of such panchayat town :
'
(2) In every panchayat town- declared as such under sub-section (1), there
. shall, be established a towm_c&!aya$.
(b) In regarcl to any area excluded under clause (u). the Governor shall,
by notification under sub-se-:ion (11, declare it to be R y6ar,chg.yat.top; if it has a
populati~noftnot1ess.tllan five .thousand or if its populatioil is less than five thousand,
include it in any co~~tiguous panchayat town uccier clause (c)(i).
, , (c) ?I,c Governor may, by notification,-
(i) include in a pgl;chayat_town
-. -- any local area c6ntiguous thereto; or
(a) not more than two persons who are nor lebs than twenty-five years
of age and who have special knowledge or experience in municipal ~dministration,
to be nominared by the State Government :
Provided thatthe person n o ~ i n a t e dunder this clause shall not have the nght
to vote in the meetings of tile municipal council ;
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142~ , -E
TAMIL NADU GOVERNMENT G ~ T,-. T--EX~W.ORDIJYARY
_.-
,
--
--- ____---..._I_
a .. ..
(b) the members of the ~ o u s eof the people and the members'o) the
\ state Legislative Assembly representing a constituency comprising the whole o i ahy
part of the town panchayat ; and
(c) the members of the Cou~lcil of States who are registered as electors
within the area of the town panchayat.
(3) The members of the House of the People, the State Legislative Assembly
and the Council of States referred to in clauses (b) and (c) of sub;se$ti~n (2) shall
be entitled to take part in the proceedings, and vote at the meetings, of the town
panchayat.
3-D. Incorporation of towrz anchayats.--(1) A t o m panchayat shall be cijnsl
tituted for each panchaya?*IcFlisisting p f such numb%F~f-eleottd idembkrs,
with effect from such date as may be specified in the notification issued in tliat
behalf by the Governor.
(2) Subject to the provisions of this Act, the administration of the panchayat-
poyn shall vcst in thc town panchayat, but the town panchayat shall notweatitled
to exercise functions expressly assigned by or under this Act or any other law to
its Chairman or to any other authority.
(3) Every t z paskayat shall be a body corporate by the name of :he
p&&y_at_town specified in tfie notification issued under section 3-B, shall have
perpetual succession and a common seal, and, subject to any restrictions or qualifi-
cations imposed by or under this Act or any other law, shall be vested with the
capacity of suing or being sued in its corporate name, of acquiring, holding and
transferring property, movable or immovable, of entering into contracts, and
of doing all things necessary, proper or expedient for the purpose for which it is
constituted.
3-E. Alteration of classijication of pg&&ayat towns:-(1) The Governor may
alter any classification, notifieti under sub-se2tZn (1) of section 3-B, if in his
-.- - . town satisfies or ceases to satisfy the conditions referred t o
opinion the panchayat
in that sub-sect~on.
' (2) Any decision made by the , Governor under this section phall not
be questioned in a court of law.
---&
3-F. Strrngth of a [own pancha at.-(1) Notwithstanding anything contained in
this Act, the total number o mem ers of a town panchayat (exclusive of its- Chair-
man) shall be notified by the Inspector in accordance with such scale as may be
prescribed with reference to the population as ascertained at the last preceding
census of which the relevant figures have been published :
\
Provided that for the first election 1,) the tow anchay3L to be held im-
h4P
mediately after the commencement of the Tamil Na u ~istricFXunicipalities(Amend-
ment) Act, 1994, the provisional population figures of the town p%?,yh~fit. as
published in relation to 1991 census shall be deemed to be the m a t i o n of the
tourn panchayat as ascertained in that census.
(2) The Inspector may, from time to time, by notification, alter the total .
number of members of a town panchayat notified under sub-section (1).
3-G. Dnrafion OJ !own pmchu~at.-(1) Every te"ap=c)rat unlss soonm
dissolved, shall continue for five years beginning from t e date appointed for its first
meetlog after each ordinary election and no longer and the expiration of the said
period of five years shall operate as a dissolution of the town panchayat.
L-
.
4 1A-
C -
ogry to bold any election for constituting th: Wwn panchayat for such. period,
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(3) Seats shall be resewed for *emen in the toyn-pancha&t and the number
ot seats reservod for wonten shall not be less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)
of-the total n ~ m b e rof seats in the town panchayat.
(4) (a) The offices of the Chairpersons on the.- 9qnchyaB shall be reserved for
.
YL
tlie persotls beIonging to the Scheduled Castes and f e Scheduled T:rjbes and the number
of offices so reserved shall bear, as nearly as may be, the same proportion to the tctal number
of offices in the State as the population of the Scheduled Castes in d l the t.Q.&nJa-ahs
in the State or the Scheduled Tribes in all th; town panchayars in the State, b e a d
the total popuIation of all t.he t u pacchayats in the State.
------_LI_-
(b) The offices of Chairpersons of the .tawn_panchayats st~allbe reserved for women
belonging t o the Scheduled Castes and the Scheduled TribeSS'Tromamor g the offices reserved
for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall
not, be less than one-third of the total number of offices reserved for the Scheduled Castes
and the Scheduled Tribes.
----
3-L. Electoral roll.-(1) The eiectoral roll of a town pancha t shall be the same as the
d
electoral roll of the Tamil Nadu Legislative kssernb y prepare and ~evisedin accordance
with the provisions of law for the time being in force in a pznchayar toy11 and ahall be
deemed to be the uletoral roll for such town panchayat for the pUf~oses ot tnls ~ c t .
----- -- . .,A
"(1) The Governor may, having regard to the size of the area aqd the
'municipal service being' provided or propd6ed to be1 providdd 6yJa3indusSa1 '4 &A a
establishment i~ that area and such other taczors as he may deem fit, declare an urban -
area comprised in any municipal~tyor specified area therein to be an industrial township.";
. - i.i
7. For section 5 ot the principal Act, the foiiowing sectlon suaii be substituted,
A - >
:, :1
;:
' a
P
-
/
k
I
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"(2) Save as provided in sub-section (3), every ~nunicipalityshall consist of, the
elected members as notified under sub-section (I) .
(3) The following persons shall also be represented in the municipality, namely :-
(a) not more than two persons who are not less than twenty-five years of age
and who have special k n o w l e b or experience in municipal administration, to be
nominated by the State Government : ,s;.~c'\
, I )2, I ,
. noifws
(b) the members of the House of the People and the members of the State
Legislative Assembly representing I he constituency comprising the whole or any part of
the municipality ; and
(c) the mcmbers of the Council of States who are registered as electors within
the area of the municipality
(4) The members of the House of the People, the State Legislative Assembly and
the Council of States referred to in clauses (b) and (c) of sub-section (3) shall be entitled
to take part in the proceedings, and vote at the proceedings, of the council.
(5) Seats shall be reserved for the persons belonging to the Scheduled Castes and
the Scheduled Tribes in every municipality and the number of seats so reserved, shall
bear, as nearly as may be, the same proportion to the total number cf seats to be filled
,by direct elections in that mnnicipality as the population of thc Scheduled Castes in
that municipal area or of the Scheduled Tribes in that mu~licipalarea, bears to the total
population of that area :
ea as ascertained i
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6':- ' , 5
Provided that the offices reserved under this sub-section and under sub-section
(8) shall be allotted by rotation to different municipalities in such manner as may be
prescribed.
(10) The reservation of seats under sub-sections (5) and (6) and the reservation
of offices of Chairpersons under sub-section (8) shall cease t o have effect on the
expiration of the period specified in Article 334 ot the Constrtution.".
Amondrnent ot 9. In sectioii 8 of the principal Act,-
d o n 8. I
(1) in sub-section (I),-
ent municipal
(a) the words " and differentdates may be appointed for diffc;~
councils " sllall be omitted ;
--
&ji&i, by the eli,ction authority ", the expression " in consultation with the S e
Government be fixed by the S~tag_cd~ Commissioner' ' shall be substituted ;
{b) the proviso shall be omitted ;
(3) in sub-section (4), for the words " subject to the approval of the Stafe
Government, be fixed by tne eleztion authority ", the expression " in copultatibn
wjth the State Government be fixed by the State Election Commissioner" shall be
substituted : ----. --/.
(4) sub-section (4-A) s&l1 be omitted ;
(5) in sub-section (51,-
8 F
.
(1) in sub-section (I), for the words " the election authoety ", the wor&
" the State Flection Commissioner " shall be substitu@d.
- _ _ - - _ - - _ . ~ _ ^ + - .
\
:s (2) sub-section (2) shall be omitted ;
(3) in sub-section 131, for the expression "a chairman elected under s u b
"
;: section (1) or a councillor elected under sub-section (1) or sub-section (2) ", the
expression " a t hzirman or a councillor elected under sub-etiop (1) " shajl
' sanstitukd.
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11. Aiter section 24 of the principal Act, tbe following sections shall be inserted, Insertion ot new '
sections 2+A
and 24-B.
" 24-A. Preparation of development plan.-There shall be prepared every
year a development plan for the municipality and the panchayat town and submitted
to the District Planning Committee constituted under section 241 of the Tamil Nadu
(b) two or more wards, one of the councillor: representing such wards
, in the municipality elected by the members of the Wards Committee,
sliall be the Chairperson of that Committee.
(4) T11e Chairperson shall vacate office as soon as he ceases to be a couqcillor.
. (6) The duration of the Wards Committee shall be co-extensive with the
duration of the municipality.
(7) The functioiis and duties of the Wards Committee, and the procedure
to be adopted by such committee for transaction of its business shall be such as
may be prescribed.".
12. Jr, sub-section (1) of section 28 of the principa! Act, for the expression Amendment of
" by a councjllor cllosen by the meeting to preside for the occasion", the expression section 28.
'<theccn.~ncillorsand- t
(a) in the case of town pancliayats, thc persons rcierred to it1 zlauses (b) and
(c) of sub-section (2) of section 3-C; and
(b) in the case of municipalities, the persons referred to In ci;iuses (b) and
(c) of sub-section (3) of section 7,
Shall elect one from among the councillors to preside for the occasion" shall be
substituted.
1
13. In section 30 of the principal Act, the Explanation shall be renumbered as ~mendmento
Explanation I and after the Explanation I as so renumbered, the following Explanation , . . 30.
rection
shall be added, namely :-
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(2) for sub-section (I), the following sub-section shall be substituted, namely:-
" (1) If, in the opinion of the State Governaent, the municipality is not
competent to perform or persistently makes default in performing the duties impos.&
on it by law or exceeds or abuses its powers, the State Government may, by not&
cation-
(a] dissolve the municipality from a specified date ;and
(b) direct that the municipality be reconstituted with effect from a date
which shall not be later than six months from the date of dissolution.".
(3) in sub-section (2), after the expression "have vacated their offices", the
expression "and the persons referred to in sub-section (2) of section 3-C or sub-section
(3) of section 7, as the case may be, shall cease to be represented in the council" shall
be inserted;
(4) in su b-section (3),-
(a) in the opening portion, for the word "supersession", the word "dissolu-
tion" shall be substituted :
(b) in clanse (b), for the expression "during the period of supersession",
the expression "duling the period of dissolution" shall be substituted ;
(5) for sub-sections (4), (5) and (5-A), the following sub-sections shall he
substituted, namely :-
" (4) An election to reconstitute a n~unicipalco,uncil shall be completed
before the expiration of the period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved
municipal council would have continued is less than six months, it shall not be neces-
sary to hold any election under this sub-section for constituting the municipal council
for such period.
(5) All the newly elected councillor: of the reconstituted municipality shall
enter upon their offices on the date fixed for its reconstitution and they shall hold
'
their offices only for the remainder of the period for which the dissolved municipality
would have cont~nued,had it not been so dissolved." ;
, (6) in sub-section (6), the words "or superseded" shall be omitted.
Amendment of 15. In section 43 of the principal Act,-
section 43,
* f
(1) for sub-section (I), the following sub-section shall be substituted, namely:-
t
" (1) For the purposes of election to a municipal council, the State ' Govern-
ment shall, after consulting the municipal council, by notification, divide .the munici-
pality lnto wards and determine the number of members to be elected in accordance-
aith such scale as m a j be prescribed." :
(2) sub-section (1-A) shall be omitted ;
(3) in sub-section (5), for the words "the election authority .' shall,
'Insertion of
-
w~ththe approval of the State Government, determine" ,the words "the State Election
Commission shall determine" shall be substituted. U
16. After section 43-A of the principal Act, the following sections shall be
new sections inserted, uamely :-
43-B and 4 3 4 .
"43-B. Electitm to the rnunicipalztres iticludlng town panchayar~.- (1) The
s~oerintendence, direction and control of the prejmation of electoral roils
for. a d tbe conduct of, all ekaions to the- .. ..
iocluding-purtra
mkb!lkztObe
Ekaionccmmmmn - . conriaingdaStateEEdiop
YsU
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(2) Wilhout prejudice to the generality of sub-section (I), such rules may
provide for all matters not expressly provided for in this Act including dieposits to
. be made by candidates standing for election as councillors, and the co~zdilions
under which such deposits may be forfeited:
Provided that the deposit required shall not exceed one hundred rupees.".
17. In section 44 of the principal Act,- Amendment
of section 44.
(1) for sub-section (I), the following sub-section shall be substituted, namely:-
"(1) The electoral roll of the municipality shall be the same as the electoral
roll of the Tamil Nadu Legislative Assembly prepared and revised in 3ccordance
with the provisions of law f o ~the time being in force in a ~unicipalityand shall be
deemed to be the electoral roll for such municipality for the purpclses of this Act
and that no amendment, transposition or deletion of any entry in the electoral roll
of the Tamil Nadu Legislative Assembly made after the last date for ~naking nomi-
nations for election in any municipality and before the notification of the resuIt of
such election, shall form part of the electoral roll for such election, for the
purpose of this section.";
1 (2) in sub-section (1-E), in clause (d), for the words "the Statc Government",
the words "the State
I-----.--_- -- __ -- - shall be substituted;
Electio~lCommission"
(3) in sub-section (2),-
,
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Insertion of
new sections
19. After sectioil 48 uf'the prin;ipaI Act,
inserted, namely :-
the following sectlons shall be 'li
48-A,48-B, 4 8 4
and 48-D. 4
"48-A. Powas oj Stale Election Commisszo~l.-(I) Where in connection witb
the tendering of any opinion to the Governor undei .,-'.-section (3) of section 48,
\ the Election Cornmiion considers it necessary or proper to make an inquiry,
and thz Coinmission 1s satisncd thdt on the basis of the affidavits filed and LL:
d~cumentsproduced in such inquiry by the parties concerned of their own accord,
it cannc t come to a decisive opinion on the matter which is being inquired into, the
Commission shall have for the parposes of such inquiry, the powers of a civil court,
vhile trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908)
in respect of the following matters, namely :-
(a) summoning and enforcing the 'attendance of any person and examining
, i b ; 8 ,,\,,r ' him on oath ;
!
No statement made by a person in the course of 'giving evidence before the
State Electiun Cu_m_rm1s@o~*
shall subject him to, or be used against bim in, any
civil orcll~mlnalproceeding except a prosecution for giving false evidence by such
statement #
.--rho
I ;f f
1 1
<
- 1 , \ .
4 a .Ptotcuon 01 &m rakm a good fai~i.- No sui
other legal proceedings shall lie against the State Electioq, Cvrn
person acting under tbe cl;rection of the ~ o r n & s s ~ oin
n t'espact
whlcb is in good faith done or intended to be done IR pumance
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191
--- .-
-
20. In section 49 of the principal Act,- Amendment of
section 49.
\ .
.11----
(a) for the words " the State Government ", the words
--.. ... ...r,..d-* " shall be substituted ;
Election Commission
^
" the State
L-
that I will bear true faith and aIlegiance to the Constitutio~lof 1ndia as by law
ggablished, that<Iwill uphold the sovereignty and, integrity of 1ndia;and that I will
faithfully discharge the duty upon which I am about to enter. .,
\I>(. \
.'
f
23. ' ~kect~on
n
c*
'bfthd'p&h'cipal kict,- Amendment of
d . section 51
(I) 'in 5;b-section (I),--
, ,. (a)' for the expression " elected as .the chairman or elected or
:GO-igtedw ,-a co.uncilIor ", the expression " elected as the chdrrfian or a 'coun-
cillor " shall be-substituted
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(b) the expression " sub-section (1) of section 48, section 49 " shall be
omltted ;
(2) in sub-section (2), the exprcssio~l " sub-section (1) of section 48. sectlon
49 " shall be omitted.
Insertion or 24. After section 51 of the pri~lcipalAct, the following headings and r ~w
t
new headings sections shall be inserted, ~amely:-
1
and new
sections
51-A,51-B
and 51-C.
.' DISPUTES REGARDING ELECTIONS. i
~
I
(b) that the candidate took all reasonable means for preventing the
commission of corrupt practices at the election ; and
'.
(c) that in all other zespects the election was f r e ~from any corrupt practice
on the part of the candidate or any of his agents,
then the District Judge may decide that the election of the returred candidate is not
void.
CORRUPT PRACTICES.
51-C. Corr~ptpracticc9.-The fol!owing silali be deemed ro be corrupt
practices for the purposes of this Act :-
(1) Bribery as defined in clause (I) of sectio~~
123 of the Representation
of the People Act, 1951 (Central Act XLIII of 1951).
(4) The publication by a candidate or his agent or by any other person of any
statement of fact which is false, and which he either believes to be false or does not
believe to be true. in relation to the personal character or conduct cjf any candidate,
or in relation to the candidature, or withdrawal from contest of any candidate being a
statement reasonably calculated to prejudice the prospects of that candidate's election.
3
(5) The hiring or procuring whether on payment or otherwise of any vehicle
';t~
or vessel by a calldidate o~+.his
agent or by any other person for conveyance of any
elector (other than the candidate himself, 2nd the members of his family or his agent) t,!
to or from any polling station provided in accordance with the rules ntade under this
Act: I ' 1
bxplcination.-111 Ll. 1s clause, the expression "vehicle" means any vehicle used
or c a ~ a b l e of being used for the purpose of road trarisport whether ,propelled
'by nle~nanicalpower or otherwise and whether used for drawing other vehicles or
otherw .se.
(8) Any other practice wllich tlie State Government may by rules specify
to be a corrupt practice.".
Insertion 01 26. After section 124-A of the principal Act, the follo)ving,sectio~lshall be.
new section inserted, namely :-
124-B.
" 124-B Firzance C~nzn~lssio~,--(l) The Finance Co~rnliss~on'
referred toin Article 243-1 of tl;e Co;lstilution shall review the financial
position of the municipalities and town panchayat. make recomrnendatior~~
"'1"r
(b) there shall be constituted for the municipal area a m'trnicil)ality, or, as
the case may be, for the panchayat area a town panchayat under ,the .3rovisions 01
i
this Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act,
(c) the unexpended balanco of the fund and the property (including arrears
of rates, taxes and fees) belonging to the township committee a d all rights and
powers which, prior to' such notification, vested in the townshi corhmittee shall,
subject to all charges and liabilities affecting the same vest in th fund constituted
for t l ~ emunicipality, or as the case may be, the town panchay t;
(dl any apporntment, notrflcation, notice, tax, order, schpe, licence, ger-
tniss~on,rule, by-law, or form made, issued, imposed or granted under any law .
governing such township before the specified date in respect of such local are? .shall
continue in force and be deemed to have been made, issued, imposed or granted
in respect of the municipal area or town panchayat area-until it is superbded or
modified . by any appointment, notification, notice, tax, order, scheKe, licence, by-
law, or form made, issued, imposed or granted under this Act;
' "(e) all budget estimates, assessments, assessment lists, valuation or measure-
ments made, or authenticated under any law governing such townships immediately
before the specified date in respect of such local area shall be deemed to have been
m8'ci.e or authenticated undef this Act; r
V) all debts and obligations incurred and all contracts made by or on behalf
of the :ownship committee before the specified date and subsisting on the specified
date shall be deemed to have been incurred and made by the municipality, or as
the case may be, the town panchayat, in exercise of the powers conferred on it by
(g) all officers and servants in the employment of the township committee
imrnedlately before the specified date shall be officers and servants of thb munici-
pality, or as the case may be, the town panchayat, under this Act, and shall until
csther provision is made in accordance with the provisions of this Act, reoeive sala-
ries and allowances and subject to the conditions of s'ervice to which they were
entitled or subiect immediately before such date:
nt to the municipality or town panchayat
ate Government to discontinue the services
inion, is not necessary or suitable to tlsa
town panchayat selvice after giving such
red to be given by the terms of his empioy-
e services are discontinued; shall be entitled
such lave, pension, provident fund and gratuity as he would have been entitled
take or receive on being invalidated out of servict as if the township committee
the employment of whfoh he was, L?CI not ceased to exist;
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TAMIL NADU - -
_ C _
_ IIII * .*
- - -_ _- - -- -i_-- I
&Pl;rYIPP-YW-"
--
31. ln the principal Act, after Schedule IX, the following sna:! be Addmon 01
added. namely :.- Schedule X.
,'
"SCHEDULE X
6 +
!&, (See section 374)
4. Public~~health,
sanitation, conservancy and solid waste management.
Ilk:1 5. Urban forestry, protection of the environment and promotion of WLO-
, $a1aspects. \c ,.*
6. Safeguarding the interests of weaker sections of society, including the
?:
6 . handicapped and mentally retarded.
?, ,/"
7. Slum improvement and upgradation.
6It.',,
tc
6. Urban poverty alleviation.
9, Provision of urban amenities and facilities such as parks, gardens, play-
e~puxids.
k- I *
F-.
10, Promotion of cultural, educational and aesthetic aspects.
1:
i- l l . Burials and burial grounds, cremations and crewation grounds and elec-
t tric aremato~iums.
k,
8-
12. CBttle ponds, prevention of cruelty to animals.
,i+
# .
PART I.
PRELI3IINARY.
'
- 1. (1) This Act may be callcd the Tamil Nadu Municipal Laws (Amendd shod t l t ~ ~
an&
ment) Act, 1994. commenceniCn6~ 1
(2) (a) The provisions of this Act, except section 3, shall be deemed
to have come into force on the 1st day of April 1994., ' I
(b) Section 3 shall bc deemed to have come into force on the 18th
day of October 1990., I
PART IE.,
,linc:i.j:ncnt to tnle Madras City &Municipal Corporation Act, 1919.
PAET 111. r
PART LV.
Amendment to the Madurai Ciiy &Zunicipal Corporatior! Act, 1971.,
Amendment of 5. In section 123 of the Coimbatore City ~~5unici~)al Corporation Act, TamiINadurrit
1081, in clnuscl ( c ) , Tor- 1 1 1 ~\:roi.il~: " p l a c ? ~11:::'d En:. thc chn:itflhlc purpose", 25 of 6981.
= t i ~ , 123,
the words "buildings usccl for eclt~cntionnlpurpose incln ling hostels attachcd
thereto 2nd places u.;cil f o r 111. rltsi.itnl)l: I : I L I ~ ~ ) o sh " Ile substituted.
: : ~111
Thc following Act of the Tamil Nadu Legislative Asen~blyreceived the assent
of the Governor on the 26th November 1994 and is hereby pub~ishcdfor general
informritio~i:-
Tamil Nadu Aq 2. For section 217-0 of tllc Tamil Nadu District Municipalities Act, 1920 Substi!ution
v 0 11920. a (hereinafter referred to as the principal Act), the following section shall he substi- ;:-$yon
1
ruted, namely :-s 8
"2 17-4. Power to exempt or relax.--.The Statc CJo\~ntnirc.lltmn!!, i t s::licFcd
that it will not result in the deterioration of scenic Lea~ityor destruction of the
environment and eco-systern of the hill station, by order,-
@+w*
(a) exempt. subject to such conditions if any, as may bespecified in the
ordcr. the Ccntral G o v e r n ~ c n tor the State Go\ernn~entor any building or class
oi buildings from all or any of tlic provisions of this Chapter or Chapter X of this
Act ; or
(A) relax, subject lo such conditions ifany, as may be specified inthe order,
any rule made under this Chapter or Chapter X of this Act, in favour of the Central
Government or the State Government or in respect of any building or class of
buildings.".
3. Notwithstanding anything contained in any law for t:?e tiine be~ngin force Validation
or in any judgment, decree or order of any court or other authority, all acts done, acts done
or proceeding
proceedings taken or orders issued by the State Government exempting any build- takenor
ing o r class of buildings from any of the provisions of the principal Act or relaxing order,,* issud.
any of the rules made under Chapter X or Chapter X-A of the principal Act in
respect ot any building or class af buildings, during the period commencing on
the 9th day of December 1992 and ending with the date of publication of this Act
in the Tamil Nadu Government Gazette shall for all purposes, be deemed to be and
to have a'lwavs been validly done, taken or issued in accordance with law, as if
section 217-Q of the principal Act, as amended by this Act, had been in force at
all material times when such acts, proceedings or orders were done, taken or
issued.
M. MUNIRAMAhr
Secretary to Government, Law Dzpar tment.
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b 4
Arz A6t jurther to Amend )he L a ~ sreldtidg td the Municipal Corporations and
Munic@alities in the State oj Tdmil Nridu. - ... -
r s.
2
BB it eliacted by the Legislative Assembly, .of the state of Tamil Nadu in the
Forty-fifth1 Year of' the Republic of India as follows :-
, &'
,
-
- $ ?
. . ~L- ~ j
i l
PRELIMINARY.
Short title and
1. (1) This Act may be called the Tamil Nadu Municipal Laws (St-cond Amend- commencement .
ment) Act, 1994. -,
PART XI.
AMENDMENT TO THE MADRAS CITY MUNICIPAL CORE'ORfi.TION ACT,
1919.
Amendment ol ',
2. In section 414 of the Madras City Municipal Corporation .4c$ 1919, in section 414.
IV of *Or
191'3' sub-section (2), for the expression "only for six months from the date of the commen-
cement of the Tamil Nadu Municipal Corporation Laws (Amendrner.t and Special
Provision) Act, 1994", the expression "up to the 31st day of December 1995" shall
be substituted.
Amendment of
Tatnil Nadu Act ?. In section 375 of the Tamil Nadu District ~ u n i c i ~ a l i t iAct,
e ~ , 1920, in sub- section 375.
V of 1920. se-'ion (2), for the expression "only for six months from the date of the commen-
cerncnt of the Tamil Nadu District Municipalities (Amendment) Act, 1994", the
3 expression "up to the 31st day of December 1995" shall be substituted.
PART 1V.
AMENDMENT TO THE MADURAl ClTY MUNlCIPAL 'CORPORATION
ACT, 1971 i
1
j Tamil Nadu Act 4. In section 510-A of the Madurai City Municipal Cor 1971, Amendment o f
15 of 1971, in sub-section (2), lor the expression "only for six months from date of the corn- section 510-A.
mencement ot the Tamil Nadu Municipal Corporation and
Special Provision) Act, 1994", the expression "up to the 31st day of December
!995" sr~allbe substituted.
PART V.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORAl'ION
ACT, 1981.
3. m smton 51 1-A of t11e'~oimbatoreCity Municipal Corporation Act, 1981, Amendmen' .of
of 1981.
Tan'it Act 2 5 innub-section (21, for the expression "only for six months from the date of the VCtIon 511-A
com~~iencement of, the Tamil Nadu Municipal Corporation Laws (Amendment
.a
and Special P~+ovision) Act, 1994". the ex~ression "un to the 31 st day of December
1995" \bat: be substituted
LatestLaws.com
PART VI,
(2) in sub-section (5). for the words "only for six months from the date of
the corninencement of this Act", the expression "up to the 3lsl day of December
1995" shall 5e substituted.
PART VII.
AMENDMENTS TO Tlik 'IIR I)NEL,VEL! ClTY MUNICIPAL
CORPORAT!ON ACT, 1994.
lendment of.
tion 10.
, -- 7. In section 10 of the Tirunelvcli city Municipal Corporation Act> 1994,-
(11 in sub-section (2). for tI;: e~ri.cssion "within a period of siu' inonths
2::""
from the date of the commencenlent of the Tamil Nadu Municipal Corporation
Laws (Amendment and Special Provision) Act, 1994". the expression " on or before
the 31st day of December 1995" shall be substituted ;
2.',
$
(2),in sub-section ( S ) , for'the words ''clily for six months from the date of the
ept of this Act", the expression "up to the 31st day of December
coyeqc?
1995 shal be siibstituted.
PART VJII.
AMENDMENTS TO THE SALEM CITY MUNICIPAL CORPORATION
ACT, 1994.
M. MUNIRAM4N,
Srcretury to Goveninz?nt. Law DL~pr
l.t,neizt.
-- .--- -- ---.- - -\
PRINTED AND PUBLISHED BY THE DIRECTOR O F STATIONERY AND PRINTING. MADRAS. 3N BEHAU, (A
O F THE GOVERNMENT O F TAMIL NADU
Cr
- - -- - - - .
--
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Registered No M I
(Price 0.60 Pdse
TAMIL NADU
G O ~ E R N ~ ~ E CAZETTE
NT
* - - - -#a
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Part IV-Section 2
7 . 3 .
. .. . , . !.' .-
r i . , I 6
, .,
>
PART I.
PRELIMINARY.
commence-
ment.
(2) It shcll come into force at once.
PART 11.
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES
ACT, 1920.
2. In section 3 of the Tamil Nadu District Ml~nicip?IitiesAct, 1920 (herein'fter Amendm3at ot
in this Part referred t o as the 1920 Act), eftcr clause (2),the following clause shall b:: s:ction 3.
insortcd, namely :-
"(2-A) 'B?ckwerd Cl~ssesof citizsns' shy11 have the ssmc meaning a!,
defined in cl?me (a) of s:ctio? 3 of ths Tamil N?du Bxkwsrd Cl?ssss, Schsdulsd
C ~ s t c sand Scheduled Trib:s (R?s~v8,?ionof S:a,ts in Eltlc?t.io~?l1.n:itutions a24
of appointments or posts in th!: Ssrviccs under the State) Act, 1993. ".
~ o u ? )TV-2 EX. (6041-1 C 119 1
1
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i
I
120 TAMIL NADU GOVERNMENT GAZkTTE EXTRAORDINARY
F -a- - -.- L_
. . (2-B) Sezts shall b.: reserved for women belonging to the B%ckwardClasses
of atizezs f x n : " ~ o r , gthe s23ts re:~::~ec! fer ?!is ps:so2r, 5s!osging t~ 27.2;-
xfard Classes of Citizens which shall not ba less than one-third of the total llumbsr
of seats reserved for the persons bzlonging to tl-tc Backward Clc7.sses of Citizens.";
(2) in sub-soction (3, for the oxpression "(incl~!ding the nunlber of sdzts
reserved for wcmen belonging to thc Sehedulec! Castes and the Scheduled Tribes)"
the expression "(including tho numbar of sears rosorved for woman balonging to the
Scheduled Castos, tho Scheduled Tribos and tho B~ckward Clasos of citizens)"
shall be substituted ;
(3) after sub-saction (4), the following sub-saction shall be inserted, nanlely :-
of tho tow11 p:uicl~;ryirl sl~;\ll ha
"(CA) (;I) Tllo cflicu\ 01 t l ~ o(:b:tir-l~or~c~ll\
rrslrrvod lor porsonu bzlo~igiogto tho Bi~kwaKiClwisos of citbttns and tho numbar
of offices so resorvad ,sl~allbe, as searly as rnay be, fifty pop cent of the total number
of ofi:~s of the Co;iir-parsons of tho towla punal~aylyatsin tho Slato.
+B
blcngipg to tha &ward Chsos of 6 t h ~ ~ ;' '
(b) it: tho proviso for tho expression "under this sub-sectios and unden
sub-saction (A)", tlio oxpression ''undel* this section'bshhll be substiluted.
,,(6-A) S.:el.s shall bo roservcd for thc persons belonging to tho &&ward
Ci.:s<cs 01 cit z.li)s i i ~U V C I - ~municip:.iit :!r~ci tl?a ~!i!l:-ib~i*of so::rs so rcscrvac!, S!~F,J~
Ir;, ::c r+x;:.ly ;,r. !:I:::J 130, fifty pii'C(i1li of ilia in;::! n~1.11ibor of so:;ts to bo .fiilect 1 , ~
d~;cc;: e]ec!ioil:; i l l rhat municipaiily.
bo subs tit^ ,
d~itli %t
tho S~hedulcd stes. the Scheduled Tribes end tho B:.ckward Classas of citizcnsY7-
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"(4-A) Seats shall be reserved for the persons bolonging to thc Bzckward
Class citizens in the council and the numbzr of s:ats so reserved shell b:, as
nearly as may be, fifty per cent of the total i~umbsrof sexs t o b:: filled by direct
election in the council.
(4-B) Seats slz-11 bc rcservcd for worncn b:lonzing to th- E.?.ckwr?rdClasses
of citiz6:;ls from r.mongthe seats rcservcd f ~ !11-1:: - p::rc;oi!Si) :lo:?:;i:?z to t ? Ii:~.cIc~:~rct
~
C1::s:;cs of citizens, which sh;l,ll not bc less t1l:un onc tlii:xl o i ' t h c t.o!:!l 11alnb:i. of
SL\::iS I . C S > T V L ' ~f o r the persons b:longing to tlle 3:l.ck:v;:rcl Ci.;.;>cs ol' C ' i i ; z ~ ~ w . " ; i
(2) in sub-section (9, for the expression "(!;iclcding tlie II:!:II~I::- of seats
reserved for wQmen belonging to the Scheduled Cc?.src\ ~tndt hc Scbcdult d Tribes)"',
t hc exp;essio~"(including the nurnber of seats reservcd for women b=lollgingt o the-
Scheduled Cafes, the Scheduled Tribes and the Bcckward Classes oof' citize1ps)''
shaiilb3 substitvtwi.
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PART-1V.
/kh.IT3ND;vIENTS TO - T H E >L;\P)UR.ILZ cj7'Y ?.lL!NTClPAL CORP2RATlON
1 I' ACT. 1971. \
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Amendrn'cnt ot 10. I n soclion 5 of tlia 1981 Act,- .'
section n '
&all.ll'h& substi.tutsd.
--
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
,
123
'
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,
I "
PART VI. ., I I ~ L J
i
I
AMENDMENTS TO THE TLRUCHIRAPPALLI CITY MUNICIPAL
CORPORATION ACT, 1994. i
Act 11. In scction 2 of ihe TiruchirappalliCity Municipal Corporation .let, 1994 Amendment ot j
. (I1croin:ifcor inthispart rclforrod to as t h Tiruohirappnlli
~ Corporation Act), for
cl;luso (a), tlio followil~gclauses shall be ~ubstjtuted,namely :-
salon 2,
:I
I
&a) 'Backward Classes of citizens' shall have tho same !meaning as
Aot defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled
. Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and
of appointments or posts in the Services under th:: State) Act, 1993 ; I
1
ns the local area comprised b
cal area which after the date i
e City bat does not include any
cement is excluded from the city;".J
I, -4
. ,.I*' C'.
(2) In sub-section (5), for the cxprecsioil (including tho nurnk~cr01 seats
reserved for women belonging to the Schedulsd C(lstesand thc Schcduled Tribcc)",
the exprcq~ion ''(illcluding the number of ccnts r(:.;,:r~od for wolncn l ~ o ~ o n ~:0i l l ~
tho Scheduled Castes, tho Scheduled Tribes :\lid thc B:bckw~rdC1.l. ,'~csor cilizens)"
shall be substituted .
PART VII.
lNadu Act 13. In section2 ofthe Tirunelveli City Municip:l.l Csrpurc! ion 1.c. , 1994 (here- Amendment of
1
of 1994. inaft er in this Pmt referred to as the Tirunelveli Corpo*::' ioil Ad:), ft,i- cl~.usc(a), section 2.
the followirlg clnusec shzll bc substituted, namely :-
- 124
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T j y M I L N 4 D U GC>VEKNMENT 6,AZETTE EXTRAORDINARY
-
- - ----- - -.-- -
(4-3) Seats shall be raservad for women belonging to the Backward Classes
!I d citizens f ~ o mamong the seats reserved for the perscns belonging t o the ~ackward
alsses of citizens, which shall not be less t h e n one-tnird of the tctal number of seats
reserved for the persons belonging to the Backward Classes of citizens."; 3
i
2) in sub-section (S), for tha expression "(including the number of sezts
roservc h fc r womon bel~ngingtc. the Scheduled Castes and tne S~heduledTribes)",
the exprsssior "(includi~igthe number of seats reserved for wcmen belonging to the
Scheduled C~stes,the Schedu1t.d Tribes and ths Bzckwa~dClasses of citizens)" shall
be substituted.
i PART VIII.
A m e e b r t of 15. In secticn 2 ~f the Salem Citv Municipal Corporation Act, 1994 (hereinafter Tamil Na
aectioa 2. i n this Part referred to 2,s tho Salem Corporation Act), for cl~,usc(8), the following
olauses shall be substituted, ramely :-
t'
"(a) "Backward Classes of citizens" shall have the same meaning as defir~td Tamil N
i i o clause (a) of section 3 of the T?.mil hadu Backward Cla~ses,Scheduled C8,stes and
Scheduled Tribes (Reservzticn cf Seats in Educational lnstituticns and of appoint.:
ments or posts in ths Services under the Stats) Act, 1993;
(aa) 'City of Salem' or 'Lit)' means the local area aomprised in the
Strltio r~lunicipality?rid inciudt-sany local area which aftel the dzte c t the commence-
J L J ~t cf tnis Act, i~ irc!uded in tne City but does not include any lccal area which
?f!er ~ c data h ol I he cctrimencemcnt is excluded frcm the City;".? ,
.Is,
w
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& 54
i:
*
) , i *
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1
PART IX.
*it
-..
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B I T I I L DIRECTOR OF 41 \lIO\tHI A\I) P H I N l JluC;. X ~ A D R A S . ~ .-
4LF OF THE GOvE'Riu'lEiuT OF T9YIIL NADUj .-.
- 4-A- - -----. -..A.
- 4r*C"-J
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BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-,ixth
Year of the Republic of India as follows :-
PART-I.
PRELT MI NARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Second Short titb
Amendment) Act, F995. and com-
menwment.
(2) It shall come into force at once.
PART-IV
AMEND"MENTTO THE MADURAI CITY MUNIGIPAL
CORPORATION ACT, 1971.
4. I n section 5 1 0 4 of the Madurai City Municipal Corporation Act, 1971, in sub- Amendment
section (2), for the expression " up to the 31 st day of December 1995 ", the expre*;sion of section
" up to the 30th day of June 1996 " shall be substituted. 510-A.
PART-V.
AMENDMENT TO THE COIMBATORE CITY MUI\TIGIIPAI;
CORPORATION ACT, 1981.
5. In section 511-A of the Coimbatore City Municipal Corporation Act, 1981, in Amendmerb
sub-section(2), for the expression " up to the 31 st day of December 1995 ",the expression of section
" up to the 30th day of June 1996 3' sl,nllbe substituted. 511-A.
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PART-VI.
AMENDMENTS TO THE TIRUCHIRAPPALLI CITY
MUNICIPAL CORPORATION ACT, 1994.
Amendment 6. 1Q section 10 of the Timchirappalli City Municipal Corporation Act, 1994,- . Tamil
of section
10.
.
(1) in sub-section (2), for the expression " on or before the 31 st day of ~ e c e m b e r
1995 ' the expression " on or before the 30th day of June 1996 " shall be substituted 1
(2) in sub-section (9,for the expression " up to the 31stday of December 1995 ",
the expression " up to the 30th day of June 1996 " shall be substituted.
PART-VII.
AMENDMENTS TO THE TlRUNELVELI CITY MUNICIPAL +
CORPORATION ACT, 1994.
Aaendment 7. I n section 10 of the Tirunelveli City Municipal Corporation Act,, 1994,-
of section
10.
(I) in ~ U ~ ~ - S C L ~(L),
I C ~I.OI I I "
1995 ", the expression " on or bcfole tl c 3( th d a y of Juce 1996 " sllnll be substituted ; .
C\IIIC,,IOII O I I 01. I~C[OIC tl:c 31 \I(1;~yof I>ccciiil~cr
(2) in sub-section ( 5 ) , for tlLeexrression '' up to tfe31 stday of December 1995 ",
the expression "up to the 30th day of June 1996 " shall be substituted.
PART-VIII.
AMENDMENTS TO THE SALEM CITY MUNICIPAL
CORPORATION ACT, 1994.
,~mendment
of section
(2) in sub-section (9,for tlie expression " up to the 31 st day of December 1995 ",
the e::pression " u p to the 30th day of June 1996 " shall be substituted -
(By order of t h ~
Governor.)
M. MUNIRAMAN,
Sect etro.J1 to Govcrrltnott, Law Department.
<
1
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--
The joiiowing Act oj the Tamil Nadu Legislative .Jssembly received the assent of
ihe Governor on the 25th J w e 1996 and isg Itereby publislzed jor getter111
injorn~ation:-
ACT No. 16 OF 1996.
An Aet further to amend the Laws relating to the Municipal Corva~ations and
Municipalities in 1he State orkTamilNadu.
Bh it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Eorty-seventh Year of the Republic of India as follows :-
PART I.
I PRELIMINARY.
~
I (2) I t shall come into fol'ce at once.
PART 11.
AMENDMFNT TO THE MADRAS CITY MUNICIPAL CORPORATION
ACT, 1919.
2. In section 414 of the Madras City Municipal Corporation Act, 1919, in Amendment!
v of 1919. sub -section (2), for the expression "up to the 30th day of June 1396 and no longer", of section 414
the expression ''upto the 31st day of December 1996 or for such shorter period as
the State Government may, by notification, specify in this behalf" shall be
substituted.
PART 111.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNIaPALITIES
ACT, 1920.
PAlRT IV.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION
ACT, 1971 /'
3 ?F-+ ~ 5 z 3 cw %kLez
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5- sgzEsax - F L z:- r'ls
l J u u % = * < i R k P B G a ~ ; % ~%em
- in azirr b d d f 7 shall &
; o m .
IV-2 EX. (3011-3
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TAMIL NADU GOVERNMENT GAZETTE EXTRA 0 K D I N A IIY -
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1
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PART V.
I
AMENDMENT TO THE COLMBATORE CITY MUNICIPAL CORPORATIOP
ACT, 1981
..AL
Amendment 5 . In section 51 1-A of the Coimbatore City Municipal Corporation Act. 1981. .I
J I~II! h ~ d u
of section in sub-sectioi~(2), for the expression "upto the 30th day of June 1996 and r o A c t 25 of
511-A. longer", the expression '<upto the 3 1st day of December 1996 or for such shorter I98 E,
period as the Government rimy, by notification, specify in this behalT' :,hall be
substituted.
1
i
i
PART VI.
Amendment 6. In section 10 of the Tiruchirappalli City Municipal Corporation Act, 1991- Tamil
of section 10. A c127
(1) in sub-section (2) , for the expression "on or before the 30th day of
June 1996", the expression "on or before the 3 1st day of December 1996" shall
be substituted ;
( 2 ) in sub-section (j), for the expression 'cupto the 30th day of June 1996
and no longer" ,the expression "upto the 31st day of December .996 or for such
I shorter period as the Government may, by notification, specify in this behalf"
shall be substituted.
I
I
PART \'IT.
Amendment 7. I n section 10 of the Tirunelveli City Municipal Corporation Act, 1994- Talni[
of section 10. Act 28
(1) in sub-section (3,for the expression "on or before the 30th day of June
1996", the expressiorl " on or before the 31st day of December 1996" shall be
substituted ;
(2) in sub-section (5) , for the expression "upto the 30th day of June 1996
and no lonqer", the exnreosion ''u~to the 3lst day of December 1996 or for such
shorter period as the Government may, by notification, specify In this behalf"
shall be substituted.
-
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- - . >: ."
M. MUNIRAMAN,
Secretary to ~overnmt&t,
Law Department.
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t
~ ' i z ~ . h l l ~.I: i.?) l ~r~ii: Ti n'; 4'1N i :>!Y:!v,
I o1 z 1 tI A: 1 : 3 1 is
. ,4rs.:nl!y rrc~ivrilthe asszni of
i ~ ~ pu3lished
~ 3 y for general
iiddri?l.~tiut? :- [I
PRELIMINARY.
.'= '* -.-.=a3 -: 2 :-a ts- cs? 1 - 1 21
.
.? ^ I i
An~e~~dmeilt)
Act, 1996. . . ,&A : and cornmenee
ment. em
--A:
. (2) It s!lall come into foxe at once. L
.A. 2
i t
...'>
PART 11.
kf & .
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALI- 3b t , ,
TiES ACT, 1920.
2. f n se2tio.1 3-(2 of t'le Tznil Nadu District Municinalities Act, 1920, jtN Tamil Nadu
(lerzi,~sfteri I t'lis p:.rt rsferre.: to as the i920Act),- Act V.0f 1920
' - ( I ) in sub-section (2), tho provisg to clausg (a) s h ~ l lbe omitted; ' $)&g,"A
(2) fdr sub-qecfion (3), tho foll3wing sab-scciian shall be substituted,
ll~ll~lcly
:- . . * . - -- 4
d
* <
q $ > I ,
"(31 TII~:poisr)l~s refzrrccl to i I sub-section (2) shall b: entitled to take part in:
I
r'r: ;,. :::I 1 : ~ 3b :s3l:i n3t have th: iig:~: to v3te in the meetings of
il> 1 vljil i ~ ? . i l ~ ~ l ' t ~ . l t . ' ' ., ' I
(2) f ~ sltb-sec:
r i'ln "
! ~ ~ t t : d ,nanlcly :-
"(4) T I ~j)?CiJ.Ii
: rcf*~;i~.l (3) j l l ~ l lb3 ontitlad to take part in
to i n 31(0-~.~3:ioil
ih: prx99 1;~; b.rt s'l .I1 n3t h9v3 th: lig:~: t3 vate in the moetings
; of 1 1 1 ~Cquncil.". ..
.;:, 2 ,!.:. ,
,x 7 ' ,',i:t, t . 7 ~follo vi 1
: 1j2,;tj~).~ .;':all be SLIT).,- ;
!
I I o; s t i t( I ' I i 1 , 't t e
i,
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.
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TAMIL FADU GOVERNMENT GAZETTE EXTRAORDINARY
9
Amendment of- 6. In sec~ion23-A of the 1920 Act, in clause (I), for the cxprcssio~l 'knd
section 23-A.: four co~ncillorselecled by the counail", the cxplession "and four councillors three
of whom shall be elected by the council frcm :mongthcmselves and one person
nominated by the Chairman frcm :mong the pel sons referred to in sub-section (3)
of section 7" shall be substituted, -7rp.k; . .- . . . .-,-2
Amendment of ' 7. In section 43-Cof the 1920 Act, in sub-section (2), for the expression
section 4 3 4 . "and the conditions cnder which such deposits may be fcrfeited" the expression
"the conditions under which such deposits may be forfeited and the nlaximum
amount of expenditure which may be incurred by candidates standing for clection as
councillor or chairman" shall be substituted,- !:
. +.-
, in clause (a), for
A- .
.
L
PART 111.
AMENDMENTS TO THE MADRAS CITY MUNICIP.AL CORPBRA'IIBN
ACT, 1919.
TWl Nadu 10. h section 3 of the Madras City Municipal-Corporation Act, 1919, (haein
AAW of after in this part referred t o as the 1919 Act),-
1919. (a) in clause (26-B), for the expression "section 6-F", the e~prrssion"w&'h'rr
5A"1shall be substituted;
(b) clause (28) shall be omitted.
11. In section 5 of the 1919 Act,-
(1) in sub-section (2),-
(a) the proviso to clause (a) shall be omitted.
I @) for clause (c) i2clx3in~t i e ; ~ r ; , ~ i s~~e.rts t s ,t i e folloai~lgclause s?.all be
smbstituted, namely:-
""): "(c) all t i e me.nbers of the Tanil Nadu Legislative Asse~nblylepreser U I : ~
i'
L- mwtituencies which comprise wholly or partly the area of the Corporatio 1. ";
- -
(ST-- >
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a - - --
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IIR. (3) Any casual vacancy in the officeof the Chairman of the Wards Committoo
shall be filled ur) in such manner as may be prescribed and thechairman elected ia
any such casual vacancy shall hola o&e only so long as the person in whose place
he is elected would have been entitled to hold the office, if the vacancy had
not occured .".
16. In sectim 6-H of the 19i9 A@,-l
"45-A. Coitstruction of references to Divisiorts .-In this Act, wherever the ' expression
"Divisi3n9' or "Divisions" and "territorial Divisions'' occur, it shall be deemed to
refer to "Ward" or "Wards" respecu'vely.:'
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104
_ - TA__ MIL
(______
- __ -
NADU GOVERNI,iEW T GP.LE1' I Ii bX I
- ______ --- _ L
G- -
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,mandm:nt of
section 53.
2 . In wc'ion 53 aP ti13 1913 3 , in sd--s:stion (I), i,i : .
pjrlidn, for the expression "clauses (b), (c) O J (d)", the e~i>;c.;~,i
i::
L);il
"~1.11.
.
I
b
(b) or (c)" s!l?,ll be substituted. o
ime:~z'.n~ent
of section
54-B.
22. !$I $:::ti9 I ;4-B of t'le 9 9 Act, i , su'~-sect~
siol "as a caa ~ c ; i I ~ rt"~2
~
.
3 ? ('), i 1 :l \ ? l 2 - I
, cu,rc;si:,; " : i s M l j . , ~ . ;a (I ,,. l zli l l ~ r " -
!I, 1
rll 3
ICYI'L.
i1~~li(!liz~\.
a.
23. Ia sccr:ion 53 of the 1919 Act, in sub-scc,iL)1 ( 2 ) , XI cl,,~.sc(c) 111: cxp,c\- :(I,
sion " and c.\ndition~ iuidc, iid~icl~ such dcpxi s may 17,~ f 1 1 f .I cri", r llc. uxpic~~,lclnu
o ~ \:'t'l1 d~'11i)sits
"tllc: concl~\~onsr ~ ~ t l \VIUCII may h: Io~.lct:ccinntl f llc 11l.f,.rill Im L t ~ i ~ o u n l
of exp:nditurc w,11~,, may b,: incurred by the :,~ndidntc.; s'anc111?q11,s ~ 1 3 2i~!: a: -
Cou~lcilIvior Mnyor" s!lnll b: ,:lb;titutcd.
Om;ssio!l of 24. Tn t',e .9,9 Act, 7;'ieJulzs IX azdtX s:lall ')e o:nitted.
Schedule
IX and -
Schedule X.
A mend ment 25,In Schedule XI of :;ie 9 , 9 Act, ~ f t eitelll
r ! 5 n !:I t':e e ~tricsrtl ti1 ,; ! 2, :to,
,of Sched ule the following items a d eiltrie, shall be af'ded, fi'i.uely:-
XI.
' 1 Urbnn Planni~lg1nc1ti:'ing ?own Planni !g,
17. Regulatio 1 'of la13 llse ax! construcl il, I of 11~ii[dlhg9.
PART IV.
AMENDMENTS TO THE 1f43UR4TCI7 / i:i*;"<l.c'!P/?. 1, c'ORPOS,:T !0I\.T
AC l', 19'1 " ,. . i
Tamil Yv!n 26. In action 2 of thc: Madurai C~ty Mi~zicipril C g r p ~ r a t i o n Act, 1971
Act 1 5 of 197 , (hereinafter in this part rcfitrred to as the 1971 Act),--
( 0 ) in clausc (42-A), for the exprescion "section 10-A", the expres;isn ",t:cti,~n
5 4 9 ' shall be substituted;
185
\--:
(2) i..'ll
Each wards cornr~itL~e ccnsist of -
(a) all the cou~icillorsof the corporation representing the wards within the
territorial area of t?ie wards committee ; and
(b) tile person, if any, nominated by the Government under clause (a) of sub-
section (2) of section 5, if his name is registered as a voter within the territorial
area of the wards committee.
(3) The Government may, after consultation with the corporation from time to
time, by notificfition,alter the name, increase or diminish the area of any watda
committee specified in t:is notification issued under s,ub-section (I).".
:
--
29. In section 6 of the 1 971 Act, for sub-section (I), the following sub-section shall Amendmcnr
be substituted, namely :--
"(I) There shall be constitut;dsby &e Goverkent, by notification, such number
' of sectfar,
of standing committees not exceeding three as may be specified in the not&-
cation for the purpose of exercising such powers, discharging such duties or
performing~suchfunctions as the council may delegate to them, hsgl
(I -A) The composition of Standing Committeesand the method of appointment
of Chairman and the term of office of members and Chainnan of stand*
oornmitto~sshall be suah as may be prescribed.".
30. Sections7,8,9,10 and 10.A other than saction 9-A of the 1971 Act shall
be omitted. sa~tions7, $1
9,lO aod UJI,
on of 31. For sectim 10-Bof the I971 Art, 1 he following section shall be substitad,
10-B, nemefy :-
"10-B. Ekction and term of 01:liei of Chairinan of W w d ~Comfdfa.-
(1) The Chairman of the W?., d s Committee shd' be elected by the c ~ ~ ~ c ~ l l o r o
of the Wards Committee from among ll~emselveszfter fach ordinary election to t h
council in such manner as mzy be prescxibed.
e e hold officetill the duratioa
(2) The Chairman of the ~ a r d s ' ~ o k m i t t shsll
of the Wards Committee.
cy i n 1 t c c Ecc ofi LCCI;;.;~n.arr of1he WardsCommittae
m7.irr.e~ e ? n :y be pr C E C I ibcd r.r.d the Cheimcn elect&
ency sIx.11 hold 1 fficr CII,!) : cl 'c r-g as the pexson in whose
uld h:.\( l ~ . c r lI I 1 i' c' c 1 't Fc.c, if the w c ~ . ~ chy~ dnot
1 ( 1
31. In seotion 35 of the 1971 Act, f ~ the r ax?t 3sp1)n ''clau~es(b). (c)
lvherever it occurs, the expression 'blaw:es (b) and (c)" shall be
I he 19'1 Act, . i f c .b-se- ion ( ), in be opedng portion
f
.
37. I n section 60-B of 1 he 1971 Acl ir, .L 1,- II I (1). in cl~use(P.)for the
I
M).B, expression "as a cou:lcill I,". I he expression "*: M:yo; or a Councillor " shall
he subit ituted.
a Group) 1V 2 1! (3 3)-3 r.
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F
106 TAMIL NADU GOVERNMENT GAZETTE.-EXTRAC'RDIIqARY
.- . .-.--* .
---- r be,
EEimnt 38. In motion 66 of the 1971 Act, in sub-\eel ion (21, in clause (b), for the
of seotion 66. expression "and conditions under which such deposits may be forfeited", the expre-
ssion "the conditions ullder which such deposits may be forfeited and the maximum
amount of expenditure which may be incurred by the candidate$ standing for
elnotion as Councillor or hfayor" shall be substituted.
Omission of 39. 111the 1971 Act. Scliedules VIII and IX shall be omitted.
Schedules
ViII and IX. . .
Amendment of 40. In Scl~eduleX of the 1971 Act, cfter item 15 and the entries 1 el2.ring thereto,
Scbedule X. the following itoms and elltrim sl1:;ll be .added, namely:-
"1 6. Urban Plan~lingincluding Town Plandng.
-.
17. Regulation of land use and construction of buildings.
18. Fire Services".
PART V.:
AMENDMENTS TO THE COIIVI~ATORE CITY, ,MUNICLPAL CORPOl<A'l l() N
- . . ~ ACT, 1981.
Amndment ot 41. In section 2 of the Coinjbatorc Citv Municipal Corporation Act, 1961 i.. ,111
seation 2. (heleinafter in this part referxed to as the 1981 Act),-
. .
(a) in clause (42-A,), fur the oxplcssioi~ section^ 1 O . A ' ' l h c cxprct.sio~i
: a "section 5 A" shall bc subslitilted;
(b) c l a w (45) sh;rli be omitted,'
42. In fection 5 of the 1981 Act,-
(1) in sub-szction (2),-
(a) the proviso t o clause (a) shall be omitted:;
@) far clz;lse (c), i!lcl;~c!iilg the provxsothereto, the foliclu 111g~ l a u \ eshall
He; whstitutcd, naniely :-
"(c) all the memb-ss of the T ~ m iNadu
l Legislztivc Assembly represenling
I\ hicli C ,mpiisc: wholly or pi:rt ly the area of 1 hc Co~l~oration.~'
coiis~itue~~cics ;
(c) cl;l,use (d) s h ~ l lbe omitted ;
(2) after sub-sets ion (2),' he following sub-section shall be insci tcd, ~namelg:-
(7 - r 1). T i * . !?Y: :( . f * - I t d zo i!i x ~ b - ~ e ~ t i (2)
66
t h~ ~1111!lcd1 0 1:1l.c
o l l ~h:-~ll
p i t in :!G 121occudingp b ~ .;l,:.li
: lid hxve t hc right t o vole in t2 e nicc'i~~:gs of tlic
~cruncil.~'.
43. Fo! s.=c'io;z5-A of tkv 1981 Act, the following section shall be substituted, S lbstit
na inely :-
"5-.'.. Curtstitution of Wards Co~nml(te~s.--(l) Time 4-1-1b1 ::1co~lhiituted by
I Il~f,.Gov.r!:qc.~l, by ~ t , i f i a i - > \ , , . ~ . s a t $duhber of wzrds committees
homprisirig .ttrrit biial ?.rea of such num* of wards as &ay be specified in the
liodficaljon withi11the tarit, ,: ;:.: p.rea oftbe corporation.
t2) Erch wi'kas cornrnlttse s h d ebbiisti of-
l councilfws of the. corpbrktion representing the wards: within
,(a) ~ l the
the terrko. i31 area of the w?tdi con:tnitt& ;And
(b) thepersons, if a.iy, r~qninated by the-. Gover~iment under clause
< & ~ ~ ~ s p b - s e , c'(2)
b o dot secfion 5, if $s n a r d iS kegisterea as a voter withili the
tcrritbna l .ire& of trie wz.rds comtnittk.;
(3) 3 1 ~G J V ~ ~ I ItI I Im:?y,
- 3 f ? a consult?.~ion' w3.h the corpora tion
fronl time i 0 time, by nltific:,tion, alt& thk name, in&& or <imirlishtae arm
df any ivaa.rdstofirnittee qpecified in the mtijkzt?tic?nissued under sub-section (I).".
44. In >- -''an 6 of the 1981 Act, for sub-section (I), the folIowi?. ~ u ~ ~ t i oA ~nY , Ps
sh?" ht suhp:ituted, namely :-
D
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45. Sections 7. 8, 9, 10 and 10-A70thci than section 9-A of tht 1981 Ac,
shall be omitted.
Omission
of sections
7, 8, 9, 10
and 10-A.
46. For section 10-B of the 1981 Act, the following sectlon shall bc Substitutjon
s u b t ituted, namely :- of sectior
lo-B. I
"10-B. Election and term oj office of Chuirma~z 01 Wards Committee--
(I) Tile Chairinan of the W13rds Committee shall be elected by the councillors
of the Wnrds Committee from among themselves after each ordinary election
to the council jn such manner as may be prescribed.
(2) The Chairman ctf the Wards Commirtce shal(jhold officc till the .dut.,
tion of the Wards Con~n~iltee.
49. In sect inn 36 of the 1981 Act,fcir the expr&ion "olauses (b), (c) and
curs, tlze expression "clauses (b) and (c)" shall be substituted.
50. , I AC;, after odrtion 51, ihe foliowing s'iction shall be in-
ccrted, nx::lc.ly:-
.
,tht: expression "as Mayor cr a Councillr~r" shall be substi-
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108
-,.
._C__---
TAMIL NADU GOVI,RNMENT GAZEl"Ta b~ ~
**-
-- - -- *--,-I
- - v l \ u ~ i uv u ~
-- -
mendmoot of 54. In section 68 of the 1981 Act, in sub-section (2), in clausu (b),for the rxpres-
&ion 68. sion "and conditions under Which such deposits may be forfeited", the expression
"the conditions under which such deposits may be forfeited and the maximum
amount of expenditure which may be incurred by the candidates standing for
- eleotion as Councillor or Mayor" shall be substituted.
lmission of 55. In the 1981 Act, Schedules VIII and IX shall be omitted.
Obduhas
'In and IX.1
rmcndmont 'of 56. In, Schedule X of tl1t$l98 1 Act, aher i t e r ~15 and the: o~~tricsj
rcl,ttiug
chadule X. tbreto, the following items and entries shall be added, namely :-
"16. Uroan Planning includirg Town Planning.
17. Reeul?.tion of ~ P F LuSe
~ and constructioa of b~ildings.
18. Fire Services. ".
PART VI.
AMENDMENT TO THE TAMIL NADU MUNICIPAL CORPORA'I'ION LAWS
(AMENDMENT AND SPECIAL PROVLSION) ACT, 1994.
Suwtitution of 57. For sectio~
121 oft hc Ta mil N a d ~Municipa Corporttion Laws (Amendment Tamil
,cc&on 121. amJ Special Provlsio~) Act, 1941, tlw fcllowit n seciion srall tx substituted, 4ct 26
@
-.*
121. Reservation the oflices of Mayors for the members of the ~rheduled
Castes or rkrs ,Qile&Icd hnd for women.-l a) Tne Officescf the Ma yora
of tht Cor@mltiocrz :a tMs State shall b: reserved fcr tht persons belongire to the
Schedvltd Crster .,r t be Scba u lcd Tri oes and the ~lurnoerof ofRces so reserved shall
bear, a s n a ~ r l y a s m ~ y wthc
, same proportion to thetotal nr,inibrr of ot19c:s I ~ e l l
t L CJorpoatfuds in the State as the population of the Scheduled Castes in all the
wrporedoo!: In the State or the Scned L led Tribe. i v , all t DC Corporft ions in tho
*to beaR tc tbe total populrlicln of 111 the Corpcrst~orsin the St~te:
Providedthat where no office of Mayor can be reserved for the persons bdongl
to the Scheduled Castes or the Scheduled Tribes based on the total percentage
population 01 the Scheduled Castes and the Schcduied Tribes in all the Corporations,
3
one oflPce of Mayor of a Corporztion having the highest percentage of population of the
&heduled Castes and the Scheduled Tribes shall be reserved for women belonging to
Soheduld Castes or Scheduled Tribes out of the total number of offices of Mayors
rdsarved for women unQr elause (b) ;
(b) rne ORXS;.I ne ~ a ~ o r sthe i nxtate shall he reserve6 fcr wcmen a ~ the
d
nvrnbcr cf offiss s~ reserv d t ~ womc
r n ~ b lnot
l oe less t h ~ onc-third
n of thc total
mmbepof offi~es,~d i he Mayor sin thestate:
Provided that the offices of the Ma)ors reser ved unda this section shall be
allotted birotation todifferent muniapaf oorporations in t t c Statein st*chmneras
may be pcescr ibed bet01 e the ordinary elections to the mumcipal corporalions in tha
State ".
. ,
.
('
Tamil Nadu
Act 27 of 1994. . .. 58 :In: vcrion 5 of the Tiruchirappatli
. . I .
Citp Munjciprrl Oorporation Ad, ' 9
l94T-
of a
(1) in su b-section 2,- 4-
-- - - -
-
TAMIL NADU GOVERXMENT GAZETTE EXTRAORDINARY
--- - -- ---- -- -
---- --
---
-
-- I P
109
(b) for clause (c) including the proviso thereto, the followng clause shall
be substitut:d, :amel;# : .
"(c) all the membeis of the Tamil Nadu Legislative Assemblj repres-
ent ing c o ~ ~ituencies
st which cornprise who114 or partly the area of the corpo-
ration.":
(c) clavse (d) shall be omitted.
(2) atter sub-section (2 ),the following sub-section shall be inserted,
name1~:-
"(24) The persons referred to in subsection (2) sliall be entitled to
take part in t he p,.oceedings but shall not have the right to vote: in t he meetings of
the council. ".
PART-VIII.
AM ENDMENTS TO THE TIRUNELVELI UIT Y MUNICIPAL CORPORATION
ACT, 1994.
59. I n section 5 of the Tirt~nelveliCity Municipal CorporationAct, 1994,- Amendment
section 5.
(1) in sub-section 2,-
(a) the proviso to clause (a) shall be omitted ;
(b) for clause (c) including the proviso thereto, the following dause shaH
be substituted, namely :-
"(c) all the members of the Tamil Nadu Legislative Assembly repre
c nting constituencies which comprise wholly or partly the area of the m p o -
ration.";
(c) clause ( d ) shall be omitted.
(2) atter su b-section (2), the tollow ~ n g sub-section shall be inserretl,
name1q:-
"(2-A) The persons referred to m sub-sxtion (2) shall Ee entitled to
talae part in theproceedings but shaU not harc the right to voteinthe meetingsof
the couacil.".
PARTIX.
AMENDMENTS TO THE SALEM CITY MUNICIPAL CORPORATION ACT,
1994.
60. I n section 5 of the Sslem Cit~iMunicipal Corporation Act, 1994,- Tamil Nado
Act 29 of 19!
'[I) in subsection 2,-
(a) the :proviso to clause :(a) shall be omitted;
(b) for clause (c) including the proviso thereto, the following olavse shall
IN FLIbstituted , namely ;-
"(c) all the member s of the Tamil ?$ad~ Legislative Assembly repre-
sent itlo const~tuencies which comp~ ise wholly or partly the area of the corpo-
5,.
ration. ,
cl;~use(4 shall be omitted.
(c)
I )i,o ~tho
( ') . ~ l l t . ri \ ~ ~ l ~ - s c c( ~ i following suhscct ion sliall be inserted,
ti.11114 I \ )
I - 4. .L. AAJAN,
;ecrerIIr, ' Government. Law Deoart/nenl
_ ___ , _ ------------- ---
1 1 I \ i ;i I 11) 7 f f i - CCJ>IMJ< SIONER ON BEHALF OF THE GOVERNMENT OF .rAhllL s'D'*
-- of .s r ,\TIONERYAND PRINTING, MADRAS
%
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Part IV-Section 2
-
Tamil Nadu Acts and O
r-
J ti.. f~lll(nxingAct of the Tamil Nadu Legislative Assembly received the assent of tha
,, , I llc ~otl, Ahgust 1996 ~ n dis hereby published for general inforniation :-
I . ( I ) T ' i s ACI niaybe callcd lllcTamil N:*duh411nicipaI Laws (Ecurth Aniend- Short title and
1 1 2 ~ v t let, 1996. wmrnewe-
ment .
(Z) I t \llall c o m c i n l o forccat once.
PART 111.
A M E ,3MENT T O THE MADRAS CITY M UNICJPAL GORPOR:l'II O N
ACT, 1919.
Amendment oi i o ~ lI ) I c ) . 111 \ub TttL1 1 1
4 . Tn section 59 of the MadrasCity M u n i ~ i p ~ ~ l C o r p o r a tAct, ', ddu
section 59. jrction (2), in clause (c), in the proviso, for the cxpressiotl "shall not c i i c ~ u ione A c l I\ i)f 191
hundred rupees ",the expression "shall not excetd six t housancl I . L Ij l : ~ ~ b" sh.\ll be
substituted.
PART 'JV.
AMBNDMENT TO THE MADURAI CITY MUNICIPAL CORI'ORATION
ACT, 1971.
A mend ment of 5. In section 66 of the Madurai City Municipal Corporalion Act, 197 1, ~n sub- 'l',umll Had
section 66. section (2), in clause (b), in the proviso, for the expression " shall not excced oilc Act 15 of
hundred rupees ",the expression "shall not excced sixthousand rupces " shall be
su bstitvted.
PART V.
AMENDMENT T O THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
Amendment of 6. In section 68 of the Coimbatore Git y Municipal aorparation Act, 1981, in Tamil k d u '
section 68. sub section (2), in clause (b), in the proviso, for the expression " shall not exceed Act 25 of 1
one hundred rupees ",the expression " shall not exceed six thousand rupees " shall
be substituted.
A. K . RAJAN,
Secretary to Government, Law Department.
-- - -.-
-- - __I__/ -
-
TAMIL NADU GOVERNMENT GAZETTE EX~RAOBDINARY
- - -- -- - 9
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 14th February 1997 and is hereby published for general
information :-
! .- An Act further to amznd the Tamil Nadu District Municipalities Act, 1920.
BE it enacted by the Legislative Assernhly of the State of Tamil Nadu in the
Forty-eighth Year of thc Republic of India as fo1lews:-
1. (1) This Act may be called the Tamil Nadu District Municipalities Short title and
(Amentlinent) Act, 15'97. commencemenl
(.2) It shall be deemed to have come into force on the 24th day of October
1996.
Tarn11Uadu Act 2. In section 217-P of the Tamil Nadu District Municipalities Act, 1920 Amendment of
V of ! 920. (hereinafter referred to as tlie principal Act), after sub-section (2), the following section 217-p
sub-sect~o:~shall be added, namely:-
"(3) (a) Whe~leverany power is delegated under sub-section (1) to the '
I
Collcctor of any district, the State Government may, notwithstanding anything
i cont:tincd in sub-sect~on(3) of section 217-C, constitute for such district a
Committee called the Committee for Architectural and Aesthetic Aspects for
! all t h - ']ill stat~o~is
i n that district with such number of officials and non-oficials
I and 1 ~ving such q u . lification as may be prescribed.
i
('b) Thc tcrnis of ofrice ot the non-officialn embers of a Committee constituted
under clause ( a ) anc' other matters relating to the conduct of the meeting of the
said Committee including the allowances payable to the non-official members shall
be such as lnay be prescribed.
(c) The provisions of sub-sections (4) and (5; of section 217-C shall, as $ar as
may be, apply in relation to a Committee constituted under this sub-section, as
they apply in relation to the Committee constituted under clause (a) of sub-section
(3) of section ? 1 7-C,",
3, Notwithstanding anything contained in the principal Act or the rules Disposal of
made thereunder. every application for grant ot a licence for the construction or pending
reco~lstruction of a building pending, under section 217-C of the principal Act, application,
before the executive authority of a hill station situated in a district in respect
of which any povier h;u been delegated to the Collector under section 217-P of the
principal Act, on the date ot the publication ot the Tamil Nadu District Munici-
palities (Amendment) Act, 1997 in the Tamil Nadu Government Gazette shall be
disposed of in ,~ccordallcewith the provisions ol the principal Act, As amended by
this Act,
4. (1) 'The Tamil Nadu District Municipalities (~mkndment)Ordinance 1996, TamiINadu
is hereby repealed. Ordinance
6 of 1996
(2) Notwithstanding such repeal, anything done or any action taken under the Repeal and
principal Act, as amended by the said Ordinance, shall be deemed to have been saving,
done or taken under the principal Act, as amended by this Act,
The following Act of the Tamil N?.du Legislctive Assembly received the assent of
the Governor on the 14th Februzr y 1997 znd is hereby published for genelal info1mation:-
ACT No. 3 OF 1997.
d n Act firther lo amend the laws reldting to the Municipalities and Municipul Corpordtions
in the State of Tamil Nudu.
Be it enacted by the bgislative Assembly of the State of Tamil Nadu.in the Forty-
eighth year of the Republic of India as follows:-
PART I.
FMLIMINA RY.
1. (1) This Act may be oalled~the~Tamil~Nsadu~Municipa1
Laws (Amendment) Act, Short title
1997. and
1
commence-
ment.
(2)(?)' Sections 12,24 and 35 sllall bedebned t o i a v e come into force on the 18th '
day of October 1996. . .. 1
I
I - :J . ; a
(b) Sections 2,3,5,6,9,10,14,21,22,26,32, 33, 37, 43, 44 and 45 shall be &-. 4
deemed to hzve cclnle into force cn the 14th day of November 1996.
Tad1 Nadu
t
2. 111section 3-C of thc Tamil Nadu District Municipalities Act, 1920( ereinafter Amendment
Act V of 1920 in this part referred to as the 1920 Act), in su b-section (2), clause (a) shall e moitted . of section
3-C .
3. In scclion 7 of the 1920 Act, in sub-section (3), clacse (a) shall be omitted. Amendment. '
of section 7;
4. tn section 23-A of the 1920 Act' in clause(l), for the expression "and four Amendmmt-
councillors three of whom .,hall be elected by the council from among themselves and of s e c t i o ~ 'Z
one person nolllinetcd by the Ch~irmanfrom amongthc persons referred to :.* sub-section 23-A. 3
(3) of section 7", the expression '' end four councillors selectesl by the council" shall be
substituted.
5. 111~ e c t i 24-Bof
~n t h: 1920 Act, in srb-section (2), clause(b)shall beomitted. Amend m a t
of section
24-B.
6. In sect ion 50-A of the 1920 Act,- Amendment
of section
50 A
(1) in sub-section (]),--
(i) the expression "2nd every persc.n nominated und,r~cl;.~.se( 8 ) ~f SL k-sect ic.11
(2) of section 3-C or clause (a) of su b-section (3) of sect ion 7, as the case may be", shall
be ornitted ;
(ii) for the exprcs-sion,
"elected as a councillor of
nominated under clause (a) of sub-section
(2) of sect io113-C or under clause (a) of sub-section
(3) of section 7, as representative in",
12) in sub-se ction (2), the expression "or sits as a representative nominated ~ n erd
1
clause a) of sub-section (2) of section 3-C or unc'er cla~lse(a) of sub-section (3) of section
7" sha 1 be omitted.
Insertion of 7. After section 117 of th e 1920 Act, the following !,ecLion shall ba insprrted, namely:-
nkw section
117-A.
"1 17-A. to ussess in case oJ escape jrorn assessment :- Notwithstanding
anything to the conirarv contained in this Act or the rules madd e thereunder' if' for any
_
rezsorl any person liable to pay any of the taxes or fe:: leviable under this Chapter has
escaped assessment in any half-year or year cr bas been sssessed in any half year or
year at arate lower than the rate at which he is assessable, or, in the case of property tax,
has not been duly assessed in any half year or year consequent on the bililding or land
conoerned having escaped proper determination of its annual valve' the commissioner
. may, at any time witbin six years from the date on which such person should have been
assessed serve on such person a notice assessing him to the tax or fee era :and
demanding payment thereo; within Eftem days from thedate of such service; and the
provisions of this Act and therulesmade thereunder shall so far as may beapply as if the
assessment was made in tbe half year or year to which the tax or iee relates".
Amendment 8. In section 375 of the 1920 Act, for sub-section (2), the following sub-section
d o n
af sUll be substituted, neme1y:-
msc
" 2)
6, The Special OEcers appointed under sub-section (1) in respect of
and B v~nisagar municipalitiesamd Yercaud Toam Panchayst shall bold oficeupto the
Courtallam
30th day of June 1997 or for such shorter period as the State Government may, by noti-
6wtb~1,
specify in this behalf*'.
, .
, s PART 111.1
* AMENDMENTS TO THE CHEMNAI CITY MUNICIPAL CORPORATION i
.. . ACT, 1919.
Amendment 9. Inwtion 5 of the. Chemai Municipal Corporation :Act, 1919 (hereinafter T a d
ofsection in ~ 1 spart referrred to as the 1919 Act) in sub-section (2), clause (a) shall be ~ c t
3. ornined.
Ama$ment 10. In section 5-A of the 1919 Act, in sub -section (2), clause (b) shall be t
of secuon omitted.
*A,
Amendmen'if
*
*
11. In section 6-A of the 1919 Act, in sub-section (I), for the words '(nit
!
i
of section 4 excceding three" the words "not exceeding six " shall be substituted. 1
L
6-A. t
Amendment 12. In section of the 19 19 Act, for sub section (3), the following sub-sections
of section shall be substituted, namely :-
29. ,. ,
"(3) The Deputy Mayor shall hold office for period of five years from the date
of his election and he shall continue as such D e p t y Mayor, provided that in the meantime
he does not ceases to be a councillor.
(4) Any casual vacallcy in t h e office of the Deputy Mayor shall be filled by
a fresh election helG ia accordance with such proced we a.s may be prescribed ar?. a
person elected as Deputy Mayor if any such vacancy shall enter. upon office forthwith
and hold office only so lor g as the person ir, whose place he is elected would have
been entitled- to hold ofice if the vacancy had not occurre:i".
i
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.", - .
TAMIL NADU GOVERNMENT GAZETTE EXTMORDINARY 13 -'
13. After section 37 of the 1919 Act, the following section shall be inserted, Insertion of
namely :- new section
37-A ..
"37-A. Entrustment of additional functions to Mayor :- The State Govern-
I
meat may, subject to the provis~nsof this Act and the rules made thereunder by no- I
tification, entrust to the Mayor such additional functions as it may deem necessary for
carrying out the purposes of this Act".
14. In section 53-A of the 1919 Act,- Amendmoat
. of section
53-A ...
(1) in sub-section(l),--
(i) the expression "and every persbn nominated under clause (a) of sub-
section (2) of section 5." shall be omitted;
(ii) for the expression,-
"elected as a councillor of
nominated under clause (a) of sub-section
(2).of sectiorl 5 as a representative in",
the expresston "elected as .A LQU~,C::~C; of " shall be substituted;
(2) in sub-section (2 1, the expression "or sits as a representative nominatqd
under clause (a) of sub-section (2) of section 5," shall be omitted. ' 4,
!
15. For section 73. of the 1919 Act, the following section shall be substituted Substitution,
namely :- , %
of section '
,,
78.
"78. Powers of several authorities to sanction estimates:-The mone$ary Sidt *.
fof sanction of any estimate by several municipal authorities of the corporation shall
be such as may be prescribed and such monetary limit shall not exceed fiRy lakhs of I.
rupees". P
~ cIV
t ,of 1 "(2) No contract involving an exp:nditure exceedingtho monitaiy limit pib.
919. scrib:d under section 78 shall b: mnde by the municpal authorities of the wrporatioh
otherwise than as may bs prescribed."
18. For sestion 82 of the 1919 Act, the following section shall be substituted, Substitution .
namely:- of section 82.
"82. Invitation of tenders:-(I) Atleast seven days before entering into any
contract for the exextion of any work or the supply of any materials or goods which
will i ~ v ? l v : ?? c-;q:lditure evceeding ten thmsand rupees the Commissioner shall
givz n~ii,.: by a;v;rtisem:i~t invitie tenders for such contract.
(2) The Co~nmissionsron receipt of the tenders in respect lof any contract
mad? in pxsuanzz of the notix given under sab-section (1) may, subject to._the
l*-.. provision
of section 80 and the rules made thereunder, accept the tender after following [the
procedure as may be prescribed.".!
19. Tn s2:tion 85 of the 1919 Act, in sub-section (3), for clause (c) , the Amendment
folls~ingC!?JS? sllall b: sub-tituteci,fnam:ly:- of section 856
"(c) A 7 3 1intm:nts i3 all p ~ t inzlludzd
s in Class 111 and in Clasq IV and to
t i?:lud:l shall b: r n l k by ths appsintm:nts Cornnittee consisting
all oth:r p ~ j ni ~s~
of ths May?r, ths Comaission:r and tws c~uazillorselected by the council, which
shall b: estab!ish:d fix th: cxpxation ssbjszt to ths by-laws if any, made by the
council.".
20. In s5:tion :37-B of the 1919 Act, for the expression "three years", the Amendment
expression "six years" shall 1): substituted./ of section ,
137-B.
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PART IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT. 1971.
Amendment 21. In section 5 of the Madurai City Municipal (:orporetion Act, 1971 (hereinafter 1 alnil E
of section 5. in this part referred to as the 1971 Act), in sub-section (%), clause (a) shall be Ac' ''
omitted. 19711,
Amendment 22. In section 5-A of the 1971 Act, in subsection (?), clause (b) shall be
of =ti on omitted.
5-A.
Amendment 23. In section 6 of the 1971 Act, ir, snh-section (1) , for the expression "not
of section 6. exceeding three", the expression "not exceeding six' shall be substituted.
Amendment 24. In section 30 of the 1971 Act, for sub-section (3), the following sub-sections
of''wfion 30. shall be substituted, namely :-
"(3) The Deputy Mayor shall hold office [or a period of five years from the
date of his elction and he shall continue,as such Deputy Mayor, pro7:ided that in the
meantime he does not cease to be a councillor.
(4) Any casual vacancy in the office of the Jleputy Mayor shall be filled by
a fresh election held in accordance with such procedule as may be prescribed and a per-
. , . * ,
. . son, elected as Deputy Mayor in any. such vacancy shall enter upon office forthwith
I .
and hold ofice only so long as the person in whose place he is elected would have
been entitled to hold office, if the vacancy had not occurred."
~nsertidnof 25. After section 38 bf the 1971 Act, the following section shall be inserted,
new section namely :-
38-A.
"38-A. Entrustment of additional functions to Mayor.-- The Government vm~l?
may, subject to the provisions of this Act and the rules made thereunder, by notifi- ct 25 (
cation, entrust to the Mayor such additional functions as it may deem necessary for MI.
carrying out the purposes of this Act.".
Amendment 26. In section 59 of the 1971 Act,-
of section 59.
(1) in sub-section (I),--
(i) the expression "end every per son nominittcd under clause (a) of sub-section
(2) of section .C " shall be omitted: -
(ii) for the expression :
"elected as a councillor of/
nominated under clause (a) of sub-section
(2) of section 5 as a representative in",
the expression "elected as a co~ncillor of" shall bc substituted: ,
(2) in sub-section (2), the expression "or sits as s representative nominated under
clause (a) of sub-scetion (2) of section 5" shall be omitted.
Substitution 27. For section 97 of the 1971 Act, following section shall be substituted,
of section 97. namely :-
"97. Powers of several authorities to sanction estimates.-The monetary limit
for sanction of any estimate by several municipal autllorities of' the corporation shall
be such as may be prescribed and such monetary limit shall not exceed twenty five lakhs
of rupees".
Omission of ' 28. Section 98 of the 1971 Act, shall be omitted.
d n n 98.
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29. Tn section 99 of the 1971 Act, for sub-section (2), the following suf%sectfbnAmendifltnt OF
shall be substituted ,namely:- se&ion+993
"(2) No contract involing an expenditure exceedifig the monetary limit pre-
scribed under section 97 shall be made by the municipal authorties of the corporation
otherwise than as may be prescribed".
30. For section 101 of the 1971 Act, the following section shall be substituted, substitution of
namely :- section 101.
" 101. lnvitation of tenders :-(1) Atleast seven days beforr entering into any
contract for the execution ot'any work or the supply of any materials of goods which
will involve an expenditulre exceeding five thousand ruppees, the Commissioner shall
give notice by advertisement invitihg tenders for sllch contract.
(2) The Commissioner 011 receipt of the tenders in respect of any contract
made In pursuance of the notice gen under wub-.section(I) may, subject to tilt: provisions
of szztion 93 and the 1.~1;s made tnereur,der a-,ecept the tender after following the
the procedure as may b,: prescribed".
3 1. In section 168 01 the 1971 Act, for the expression "three yers" the cxpres- Amendment of ,
sion "six years" shall b~: substituted, section 163.
Taiuil Nadu 32. In section 5 of tile Coimabatore City Municipal Corpraton Act, 1981 (here-in Amendment
~~t 25 of after i n this Fart referred to a j the 1981 Act), in sllb-section (2), clause (a) shall be of section 5.
199 1 orn~tted.
i Amendment
33. In stction 5-A of the 1981 Act, in sub-section (2), clause (b) shall be
I 1
omitted. of section
I
1 5-A
1 / I
34. In section 6 of the 1981 Act, in sub-section (I), fok the expression "not " Amendment
/ exceed~ngtiiree"t11e expression "not exceeding six" shall be substituted. of section 6.
L 35. 111 section 30 of the 1981 Act, for sub-section (3), the following sub-sections Amendment
shall be substituted namely :- section 30.
-'(3) The Deputy Mayor shall1 hold ofice for a period of five years from the
dntc uC hi clectron and he shall continue as such Deputy Mayor provided that in the
mcan time lic: does not cease to be a councillor.
(4) Any casual vacany iil the office of the Deputy Mayor shall be filled by.a
fresh t l x ~ i o nheld in accordance with such procedilre as may be prescribed and a,person
clcctc..i I),:p~~ly Mayc~ any such vancay shrill enter upon office fo:tl1 with and hold
oftic; !)ill! ~.)l:)iig:IS the pxson inwhose place he is elected would liavi: be:il entitle to hold
oficc, l i ' t i t i ' va.,:ay h.::' n - t qrovrred.
ih \I \ec[~on39 ol the 198 1 Act, the following section shall be inerted, namely - Insertion of
new section
39-A.
1) / \ E~lstrusttnznt of additional functions to Mayor:-The Gsvernment may
subject to Lne provlslon s c ~ this
f Act is the rules made thereunder by notifiction theirust
to thc hilayor such addl onal functions as it may deem necessary for carrying out the
I'L".po"" c)! tlll5 P,ct".
(A Grcup) IV-7 I;x. (89)-3
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16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
--- - - - - --- -- -. -..-.-.--...-.
-- - . -*-
-I--o-
h ~ n c ~ ~ t l ~ ~ i c37.
~ i l 111 S C ~ : ~ I O I 01
I 01' ~ I I CI O H I Act,-
of scctio~i0 1.
(1) in sub-section (I),--
(i) the expression " and every persoil nominated undpr caluse (a) of sub
section (2) of section 5" shall be omitted::
(ii) for the expression--
"elected as a councillor of/
nominated under clause (a) uf sub-seclion
(2) of section 5 as a representative in"
the expression "elected as a councillor of" shall be substituted:
(2) in sub-section (2), the expression "or sits as at reprsentative nomi!?ated under
"Itlause (a) of sub-section (2) of section 5" shall be omitted.
I
Substitution 38. For section 99 of the 1981 Act, the following section shall be substituted
1I of section 99 namely :-
"99. Powers of several authorities to sanction estimates.-The monetary limit
I for sanction of any estimate by several municipal authorities of the corporations shall
1: be such as may be prescribed and such monetary limit shall not exceed twenty-five lakhs
Omission of of rupees."
Mion100. 39. Section 100 of the 1981 Act shall be omitted.
'I
Amendment of 40. In section 101 of the 1981 Act for sub-se~tion(2), the fdlowing sub-sectioll
section 101. shall 5e substituted nane1y.-
$
"(2) No contract involving an ependiture exceeding the monetary limit prescribed
/
'I!Q
1 under section 99 shall be made by the minicipal authorites of the corporation otherwise
than as may be prescribed.".
i
1;
Substitution 41. For section 103 of the 1981 Act, the following section shall be substituted,
, of section 103 namely :-
I
"103 Invitation of tenders.-Atleast sevene days bfol-e entering into any contract
for the execution of any work or the supply of any materials or goods, which will involve
an expenditure exceeding five thousand rupees, the Commissioner shall give notice by
I advertisment inviting tenders for such contract.
(2) The Commissioner on receipt of the tenders in lespect of any contract made
in pursuance of the notice gi$n under sub-section (1) may subject to the provisions of
section 101 and thewles made there~mder,accept the tender after the following procedure
as may be prescribed."
Amendment of 42. In section 168 ol the 1981 Act, for he expression "three years", tl-e
section 168. expression "six years" shall be substitutcd,
PART VI.
AMENDMENT TO THE TIRUCHIRAPPALLT CITY MUNICIPAL
CORPORATION ACT, 1994. '
Amendment ot 43. In section 5 of the Tiruchirappalli City Municipal Corporation Act, Tamil Kadu
section 5. 1994, in sub-section (2), clause (a) shall be omitted, Act 27 of 1991
PART VII.
AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION
ACT, 1994.
Amdnement ot 44. In section 5 of the Tirunelveli City Mi~ilicipal Corporation Act, 1994, Tamil ~~d~
section 5, in sub-section (2), clause (a) shall be omitted, Act 28 of 199.
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T ti>,I 'V,I(ILI 45. In section 5 of the Salem City Municipal Corporation Act, 1994, in Amendment of
1991. sub section ( 2 ) , clause (a) shall be omitted. section 5.
Tsini~'w ~~1( i 46. (1) The Tain~iNadu Ivlunicipal Corporation Laws (Amendment) Ordinance Repeal and
I 1.: i f 1996, the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 and savings.
19%. the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 1396 are hereby
Tatni' 'u'.i~lu repealed. $
Ord1n:i1ice8
ef 1996. 1
Tam11 Wadu
Ordinance 12
of 1996.
Tam11N ~ d u (2) Notwithstanding the repeal under sub-section (I), anything done
0rd11i,w:: 5 or any Action taken under the Principal Act, as amended by the Tamil Nadu
of 1996. Municipal Corporation Lass (Amendment) Ordinance, 1996, the Tamil Nadu
Tamil V'idu Munici~al Laws (Fifth An~endment) Ordinance, i996 and the Tamil Nadu
Ord~l:~~ncc8 Municipal Laws (Sixth Amendment) Ordinance, 1996, with effect from the 18th
of 1996. October L996, 14th Novembx 1996 and 27th December 1996, as the case may be,
T;irn~INadu shall be deemed to have been done or taken under the Principal Act, as amended
Ordinance 12 by this Act.
of 1996.
(By order of the Governor.)
A, K. RAJAN,
Secretary to Government, Law Department.
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An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
Bt: it e,~aclecl by the Legislative Assembly of the State cf Tamil Nadu in the
Forty-eigl?rly Year of the Republic of lndia as follows :--
1. (1) This Act may be called the Tamil Nadu District Muaicipalities (Second Short title iifid
Amendment) Act, 1997. commence-
ment.
I
,m:l Nadu Act 1. J n ze<:tlon 375 of the Tamil Nadu District Municipalities Act, 1920 (herein- Amendment
V 0 1920. altc!. referred to :IS the prircipal Act),-- of sectior
375.
( I ) i n sub-scction (2).--
( a ) for the expresqic n " 30th day of June 1997 ", the expressioli " 3rd
ci,ly of August 199?" shall be substituted ;
( h ) the cx!71essio:? .' and yercaud TOW,;Panchayat " shall be omitted ;
( 2 ) fo cub-slction (2), the following sub-section shal; be substituted,
l\:ll~,cly: -
I)!, \!li, 1 t , , , I , ) I :\f!cr thc 13th day ot August 199- 31111 before the 30th day ot action t a k a
~ c p l c ~ ~ ~f l' ~, .). ?\[lull,
. be dcrrnetl 1 1 1 I>%,.:ind 10 ~ ~ T .aVl ~Cl a been,
lor :I 1 pLl9pose;es, ~s by the Special
c!ilnc ,)r. t [kc,, i n accordance with law and shall not be liable to be questioned Officers.
i l l :IIIV
j:,~lirf c I 1 I > \ .
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310 T M T , NAD I
;GOVERNMENT ,GAZE'ITEEXTRAOXDMARY -
_ _ _ I _ _ - _ - - - --I__--
-- -- - -- --- ---
(3) The Tamil Nadu District Maaaidgaljties (Third Ammdment) Ordinance, Tam11 xddp
6997, is hereby repealed.
A. K. W A N ,
Swretury to , G o y a r m , Lqw Department.
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Th: fol1ow;ng Act of th: F a 11il N d u L,:glsi3! vr Ansc I?biy i.cc:ivccl t!~; nsscnt
of th: GJVXII?S 011 thr: 17111 Ko.~enibir 1?37 and i5 hlrcby published
Tor g:i::.:rl i~lfor,natio:l:-
A( I' N o . 65 OF 189 7.
1. ( l ) rl".li; .\<:t .:I-:_:5 2 sJ1l : .l ;lie Ta!nii N:.tf,~:41:i:~i..il~?.l :.,::;<s (42,:3n3 Amend- Shoat title and
.;cent) As!, :S?7. commencement*
n
, . Substitution of
. ., ' . ' ; 1 :; :;(' J ".!: , :: - ) ,,I :. ,? 3 -):.::i \ 1
- (:12>s>,r:2i: iil tilis sectlons 99, 100,
L:?, \.j
- ,. .,' . .,
L ,
,
.' !): i ?' ..# ,: L 1; i Ii > 'i ;, , I' j : s:;ti,;:ls ?2, !3 ), i J i-, : d. ? , Idj, id.!, ld5, 106, lo 1, 102, 103,
I , , , ,', I . . .1 i ;j, I : ' 8 ! :/: 1.5 ; :;'i.* l i ,:,I:!! ' ~ 2; l');;{i; ; i >'J, :l?l,i?l?ly :-
104, 105, 106:
107, 108, 108-4;
- ,) >
.
, .?
'
,, . . -:, . ,. :, , .- .
>
. : , . , I . i i l c i l g s and 109.
, j , ' . 1 <-'i:.-.
<,:;:!I[
, .,
i.1
,: ? ,. . .
1'
. .
:
,
.
\
: ,I:,
.
' : 1 -:,
I
.
,. . . I . ,
1,-! I;:IL
:: ~ l i i ~ i : ~3nc:: a i !il ~y 5:
s:l:;l
s,lc:l :\:t::ils n3
prcjci-i'o:d,
~ n l yl x presci-ibsd for thc
:1 ret!lrn
% . . !l ' , . ,.I:. . ... - 1 . >.,;,::;y stu t j t'12 s z i j i ) i ' r I ing or 1,mcl.
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--
-Pr -_Ce
-.
101. Determination of .b ?sic property tax, additional basic properly tcrs, erc., bJ,
Council-.(i) The bssic property tax, the additional basic property tax and tha-
concession, if any, with regard to the ages.for every building o r lznd shall be deter-
mined by the Council srbject to the mil lmum and maximum rates prescribed b)
the State Government under section 100,
(2) The Council shall notify the rates determined under sub-section (I) an&
such other particulars ai~dit1 such manner as may be prescribed.
(3) (i) (a).The basic property tax for every building-shall relate to the carpet
area of the buildlng and its usage:
Provided thet the carpet area of ar y brilding shall itof incliide the ope=
verandah, a open court-ysrd or any other open space which is not enclosed.
(b) The classification cf the bvilding for the purpose of deciding the usage -
of any builtiing shall be residential. contmercial; industrial c r any other classificnti~n
as may be prescribed.
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- A-.- ---
- - - -r"--__L---
'TAMLL NADU GOVERNMENT'
-- -
GAZETTE EXTRAORDINARY
-- - . ----- -- - - . --
- -- - - .- - - - I - - -
331
fii)
(a) The additionr+lbxic property t,:x fcr cv2r;- '-1i1Ji:lg s!lall relate to
l o c ~ t i o nand type ~f collstrilction ~f the b:lilding
(b) For t l ~ cpurpose of this cl:x'sc, the Icc,:ticil c f tiic bzildin: shell be
clLissi%edas follows :-
(A) arterinl r o ~ d j ,:)LS S C U ~ C~ c i s tc
~ ~i.xdi,lg ;;;csi,.l rc::ds 2nd maYn
roads ;
(U) bus-route ro: ds c i l s r than thosc s?ccii"led in i t c n (A) ;
~
1
(A) thatched ant! tiled r w f ' ;
f B) reinforced cc ncrcte, ce~nentrci f ;
, ,
I
ps~:v;ri>:cl
. . .
l"ro\:itizd tilat n3 baildine wilicjl ];as ')C;~I c ..;.;t~~.lc:~:c: i:l cc r~ir~vc!~tion
of the
'~:.ildit~g,i.illcsn1;:tle under this Act sh;:ll b-: css,:.::c(! t:, p::\;7erty tr.s.
:* , ~ r c r r ? . l f ; o ~--For
pu .pqse of this sub-see :ion, tllc cxpres~ioll "h?lf-year"
~. thr
,I: i:! !i: tile 1st day of A p ~ i lto t l ~ c30th d::y of Scpte.:-.bct 2nd lsom the
f;
k: ' :! I r c'ci )her to ti12 31s day of March of o ycar:
. q -
I 3
-d 3 -
3 3 ) ---2
. i
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. -
-L
-
--
TAMIL NADU GOVERNMENT GAZETTE E X ~ R A ~ R D T P J A R Y
- -- -- - I _
333;
4
(iii) T l ~ cTrib:in:~lshall diqose of the appeal within five months from the
-
date of filing of the aooeal.
1
. 1.;;
-*. .
'
(iv) Any perso11 preferrinz an appeal may either appear in [person os -.;. 3
tllrough an au thorised agent before the Tribunal. :5 t
4
(v) 'The gist of tllc order passcd in an apper l shall be recorded in the-
--
1
register whic!l shjli be duly attested by the Tribun2.1 and a copy of the order shall *
(9) Wht-lc: nc :! result c f ally nrder p~sqedin 2-ppeal, any amount already
dcpositecl i,; in c\ccjc ~r thc t ~ xdue, the diffcrence zfter deducting the tax due
l l ;~dji~slt.tlLOW;~IYLS the tax and fine due, in respect of any other pertod,
s h ~ ~be
to the corlvrat ic,ll."
3. 11- szctioil 31s crf thc 1919 . k t , clauses (a) and (b) shall bc omitted. , Amendment of
, sectionI348. d-
PART ITI.
AMENDMENTS TO TI-IE TAMIL NADU SIISTKIC'~MUNLCJPtiLI~IES
I
ACT, 1920.
lbstitution of 5. In the ~ a r n iNadu
l District rdunicipalitie; Act, 1920 (herectfter in this Tamil Nadu
sections 81, Partreferred to as the 1920 Act), for sectio~ls81, 61-A. 42, :r3, 84, 85, 86, 07, 88, Acr V of 1920
81-A,82, 89, 90, and 91, the following sec!ions shall bo substituted, ilalnely :-
83,84,85s 86, .
87,88, 89, 90
and 91.
"81. Levy of propertjtax -(I) The property tax shall be levied on cll buildingS
and lands within the Municipality.
(2) (a) In relation to any b:~ildingnewly- c~nstrl:cted or wllcre ~ n addition
y
dr alteration has been made to any existing building, the G wner or cccupier of such
buildings ;
(b) where the title of any b~ildingor land is trm,fc:rred, such transferee ;
(c) in relation to a n j b ,ilJing or hnd, in tile evc ~t of dc?.tii cf tile person
I
Mmarily liable to the payrneilt of property tnx, the perscn Gn whcm the pr~perty
is transferred,
shall furnish to thr: executive P,. thot-ity within suc:~cletc es mry be prescribed, a
return for such b.iilding, or l:?i~dosntainiug s!lch detr.i!s 2s m:y b o prescribed
for the Gssessment or reassessment of the propcrty tax to the said bii2di;lg cr land.
(3) I n the cl.se of re !ssessmciit or ge:lcrel revisicn cf any ps~pertyt9.x leviable
under this Act, the ow;l?r or oc:.~picr of zrly b-~ilrlingc;r I.:nd sll;ill f',.r~lishto the
executive authority within slrc:~ti~nct.s lacy be presciihsi, a re.t:nl in s ~ c hfcrm
containing sue11 details as 1n?y b> ~rcscribedfor t l ~ c,-.ss-,s.ms,~t, f prcpcrty to srch
building or lane.
, (4) If any owilzr or occuyi(:r of ally b~lrldingcr 1,:x fi:ils to Lrr!lislt a return
as raquired under sub-section (2) c r sub sccticn (3) ;r f:,r ~is!lcs c.11 incsmplete or
incorrect return the executive ,.u:hority cr any perscu ;.t,~i.c ,,sec'c b iA.l ir this behalf
shall cause s?n inspection to be 9;-.de 2nd ~ I s oto make such local cnqt.,iries as
may bo considered necessary, a i d blsed on s.;cil inspe,:ticn c11d infcrnlation
coKected, shall prepare z retu -n xzd a cjpy of tile rciarii ,h,-.llbc f:;!-!iisl~cd to the
6W11er or ocsqier of the byillling or land.
Ibliil
&J -
(5) On receipt d a rek~ruunder sub-secticn (3) c r scb-sccticn (3) cr on
the basis of the retunl preprcd by the ex.=cu:ivctutl:irit;. . ilder st,b-s~;c'it,n (4) 2nd
after considering the objeziior ;:if any received the cxecutiv : r..uthr,rity shzll dcterlnlne
. tax payablr: in acc.srdc3itcs with the provisic~lscLr tkis Act i.~ldsl;,,Il :end an
,the
Intination to. that effezt t3 :,ha persoqconceriied.
d
,, 1 . L r Ic.nd
(6) For the pulrpso cf assezsment c f prcpcri:' t?,-.x _ r :: y u .I,(!..:,:
.r
Qn the T~f~nicipahty thc exz: tivc: authsii'y or ?,nj c &;ei ::idtll~risedLy Ililil in this
1.
behalf may enter, inspect, s:;rvey and moesure any b: iIc';ng cr Irtlld, r.fter giving
due notice to the owner o r occupier berose s i i ~ hiny:sticil ?nd tkc ow:ler cr cccu-
pier shall be bzund to furnish nesesszry iilfsrnlat~onrcq 'red fcr 15; p:,rpcse.
1% 17) The p r ~ p ~ r ttlii
I
82. Mirzinzl~.~~
~~x!;zn
r:~~.ui:~z:~n?b n j c property tax, md['i'ti:nal b c i c y, opc, ty tax,
etc.-The State Governmei~t shall prescribe the minil lurn and the ~ i l o s i m ~ ~ l
rates of-
, - (a) s i c t :: t i i n r I . . 1 , . I , t --
.: (i) the cxistin,o 2rcp:rty tax ;
(ii) the vnliie cf t,hc S~rildingand, land ;a: d
5)I;c U S L . . t:lc b:.ild;ng;
. f 1 -,-
.2Y&Tw,--
- :*.-
e=; ---
",.L.,
"
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335
. -
(b) additional b ~ s i cproperty tax for every building havi112 regard to--
(i) the location of rhe building ;
(ii) the type of construction of the buildin? ;
(D) :granite, ceramic tiles and marble flccring and walls partly or f t . 1 1 ~ .
(iii) A concession on the basic propeity tax shall be allowed in calculating
t ~ l epr~pu'rtytL!x having regard to the age of the btlilding, in such manner a s mey be
orescribod.
84. Asse.sstneltr and cdfculution 0.f property tax:--(l) For the purpose of levy
ofproperty Lax, every building s hall be assessed together with its sites and
other ,idj:Lce~~t
premises occupied as an appurtenance thereto :
P r , , v ~tlcd I i ~ I I~~ building
t >vltichhas been constriicted in contraventicn c t the
bi::ltiiltg tinder this \ct shcll be nssessecl to property tax.
I ,I Ivc, ,>I~ d c I
(b) Secondly, the additional b?sic property tax for such building shall be
calcurated :11 tile r.ltc fixed by t4e manlcipal council i i ~ ~added
tl to the basic pro-
port)' t : t X ' c r n 1 l lvcd CLIiiilUCl c i . : l i s ~ (([) ;
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PART 111.
87,88, 89, 90
and 91.
"81. Levy of propertytax-(1) The property tax shall be Icb~cdon 2.11 buildingS
and lands within the Municipality.
(2) (a) I n relation to any b:lilding newly c2nstri:cicd c r >,srhererl.ny addition
dr alteration has beeil made to ally exisiing b.iilding, the ,,wacr r cccl.,picr of such
buildings ;
(b) where the title uf b~ildingor 1;1!1d is tr:?~sfcrred, s~;c!i t r ~~isfcl-ee
(c) in relatian to all j b I iWiag ur lrvl.,,
. .
r.t L . L ~ :, ..; (jf ('
;
'upon the s3id b~ildinl:cr 1:xnd ::nd upz~nthe rnnvable :?ii,lerl:l if m y C~:,;nd wjthin
i.1
L-- 4
-
o r upon such lx~ildingor l2ed rand belonging to tlie peij 2: litlble lo pzy t:c.
1
bn:ic. l;;.y1c, 9 Ills,
82. Mirzinluni c!;z!l 1:?7.~i:?:.:i)? ha5ic p-opcrty fax, c:(I(. :ii:;~?(lJ
etc.-Tile St~.te Govenl:t~c:~t,sliizll prescribe tlie miilii :I! IX aiid 11:~ ill;:xilnum
mtcs of-
. ,. _ (a) bzsic pi'cp>ri-y ;:I:; tilc 5:rildiug o; liand I:,sviLlg;.L;~;:I ., t,,\--
0 .
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TAMIL NADU GOVERNMENT GAZETTE E 3 'IF k C F I.P P F Y 337
---- - - -- - ------ d
-7
Provided that notiling contarned in clauses (a), (c) and (e) shall be
doc: .cd to exeilxpt any Flrilding or land frc-1-1 prop-rty t:!~ f c r which rent or ser-
b vlcu cl~~irge is payable by tll9 person csing tllc sanw f o ~the purposes referrad to 1,)
tho \%lidclauses.
b7. Powrr to rectify error apyurenr on the face oflhe ~.ecord-
(1) The executive authority may, on lis own motion or on an application
at any time within six months from the date of any order passed by him
~~l,~cic.
rectif! any error sppare~:t on the face of the record : . .
'
PI-ovibdtli:lt no sucll rectification which nas the effect of enhancing an as5ess-
l l ~ c n i ,\hall be ]lade unleb\ such ai thority has given 1;otice to the asse,ssee and has
dl \\idhi I a reasonable opportunity cf being heard.
(2) Wll0i.3 \UCII r ~ ~ t i f i c ~ i t i o ~ tllr:
l cl~i'ct bf ! ~ ( i ~ ~ ~ilr~
i l ~l LgC ; : I I I ~ I I ~ , the
escc,\ ,~~llount i f any p lid by the as\ess.:e shall be atljusted towards any tax
t ll.ii .:y a c ~ r u cI 11 f~!ture.
b 8 . Lely uf Ji1w.-(1.) Where a person fails to pay tht. property tax within t b
t~iutspecified, tho executive authority shall impose upon him, by way of fine a sum
a? fi~edby the lilunicipal council in this behalf in accordance with sub., iates a5 nlaj
be prescribed.
( 2 ) On vsrificatioil of the return filed by the owner or occupier of the
built1 r116c r la lc! ,.fter thc .sue of the prcperty tzx b- ,-k, the executive al~thority
]nay. if he is satisfied that the owner c r cccupier wilf: lly filed false return, the
executive authcrity may cmse reassessment of such prcperty and direct the owrler
o r I-mupier tc pay, in i.d.~itionto the tax assess:d, by way cf fine, a sum which
s l ~ ~be
~ lcne
l hundred per cent cf the difference in the tax due :
Provided that no fine mder this su b-section shall be ilnposed vnless the G wner
or occupier affected has had a reasonable opportunity of showing cause against
zucl~i1np8 siticn.
11o1satisfird with the asessment order made by the executive authority under this
Act i\tl,er than the orders relating to the dvty on transfer o i proverty,-
I
(i) for every town pmchayat oonsisting of the Chairman of the municipal
cl ,I ncil who sh:lll be the ('hairman of the Taxation Appeals Committee and sucl?
,,umber of members as may be notified by the State Government from among tile
n~cmlxrs , ~ fthe town panchaqat;
(11) for every milnicir'ality, consisting of the Chgrman of the municipat
LL r i 11 w ~ also be the Chairman of the Taxation Appeals Committee and fo~:r
I shall
( ,:11ls:rb e:ected by the c:ounciI.
( 3 , rile business of the Taxation Appeals Committee shall be transacted in
E'LIICI: ~ i t l the
i rules made by the State Gvvernrnent in this behalf.
( a ) the heqding "As~essmentof the property tax" .and the r~lles 6 to 15 Amndmafi 04
, , L : ~ cutlde~ s41rll be om~tted ;
Schedule IV.
(1.) 11.c Ilc;~dinp"Apl eols" alld tllc r1llc<23 to 28-A thereunder shall be
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a
.
PART Iv. I
i
MENDMENTS TO THE MADURAI CITY M UN.CIPAJ. CORPORATION
ACT, 1971.
7. In the Madarai City Municipal Corporation Act, 1971 (l~ereafteriil this - ~~d~ A,-.-.
Part &erred to as the 1971 Act), for sections 120, 121, 122, 123, 124, 125, 126, 1 27 15 of 1971. !
128, 129. 130 and 13 1 , tile f*:)llowingsections shall be sub~tituted,namely :-
la 129.
and 131.
no
120. Levy of property tax.-(1) The :property tax shall be ]?vied on all
buildings and laads within the City.
(2) (a) In relation to any buildiq newly construc;ted or where any addition
or alteration has been made to any existlng building the owner er occ~~pier of szlch
bilildings ;
(b) where the title of any building or land -istra asferred, sr ch rran~feree;
(a) in relation to any building or land, in the event of death of thc pecrsoa
primarily liable to the payment of property tax,the perscn on whom the property is
trapsfemxi;
shall furnish to the Comrnissio~lerwithin such date as may be prwribod, a retura
for suoh building or land containing such details as may ba prescribad for the
a s m n t or reassessment of the property tax to the said building or h d .
(3) In the case of reassessmen! or general revkon or any property tax lavbbk
under this Act, the owner or owupler of any building or land shall furnish to ths
aCommissior,er within such time as may be p r d b o d , a return in such form con-
taining such details as may be prescribed for the assessment of propexty to such
brilding or land.
(4) If ak, -wner or occupier of any building or land fails to furnish a return
as required under sub-section (2) or sub-section (3) or f~rnishesan inccmplete or
incorrect return, the Commissioner or any person authorised by him in this behelf,
shall cacse an inspection to be made and also to make such lccal enqLiries as
may be considered necessary, and based on such illspection and information
collected, shall prepare a return anti a copy of the retc:.n shall be f:irnished to the
owner or occupier of the building or land.
(5) On receipt of a retsrn urrder sub-section (2) or ,sub-section (3) or on
the basis of the ret:lrn prepared by the Commissioner under sub-section (4) and
after oonsidering the objeotions, if any, received, the Commissioner shall determine
the tax payable in amrdance with the provisions of this Act an3 &all send an
intimatioa to that effect to the person concerned.
(6) For the purpose of assessment of property tax for any building or laud
in the City, the Commissioner or m y officer authorised by him in this behalf may
imter, inspect, survey and measure any building or land, after giving d ~ notice
e
to the owner or occupier before such inspection and the owner or occupier shall be
bound to furnish necessary information required
- for this purpose.
- -
k k
(7) The p r o p e q tax on building and land snall, subject.to the prior paymeat
of the land revenue, if any, due to the Government themn, be a h t charge
upon the said building or land and upon the movable property if any f o ~ n dwit hi^
o r upon such b~ildingor land and belonging to the person liable to pay tax.
(3) (i) (a) The basic Property tax for every building shall relate to the carpet
area of the bllrldlng and its usage :
Provided that the carpet area of any building shall not inclrde the open verandah,
open court-yard or any other Open space which is not enclosed.
(b) The classifioation of the bvikling for the purpose of teciding the usage
of any buildir g shall be resldentral, commercial, ifidustrial Or any other classification
as may be prewrihed.
(ii) (a) The additional basio property tax for every building shall relate to
location and type of construction of the budding.
(b) For the purpose of this clause, the location of'the building shall be
classified as follows :-
(A) arterial roads, bus-route roads leading to arterial roads and main
roads ;
(B) bus-route roads other than those specified in item (A) ;
( C ) roads and streets in primarily regidentidl colonies. ,
K (1)) granite, ceramic tiles and marble flooring and walls partly c r fully.
I
(iii) h co.:cession on the basic property tax shall be allowed in calculnting
the property tax having regard to the age of tile buildil~g,in such manner as m:!y be
pre,cri bcd
1 :3 f rs 'r.s:?lclnt clll!l crf'cll~ationof propert], tn.y.--(!) For the purpose of
lei) l,r\,pcrty tax, every building shall be assessed together with its site and
1t11t.r !itj.i c ~ i tprcmi5e5 c,ccupied as an appilrtena,~cethereto:
--
that 113 bvilding which has been constructed in cL..'r~ventioncf the
p~-,~\;l~ii.d
~ l a dtinder
t7irlj,ill~; I , l i b ~ e thii Act shall be assessed ta property tax.
J ! IL- !'I ~jcrtytau s l ~ n l lbe calculated as fc1lows:-
I ) 1 jr ,tly, tile basic llroperty tax for a building s11:ill be calculated : t tile
t ~ I,, tlie c, uncil .
. ~ :,,,,I
(c) Thirdly, on the ui nturn of amount arrived at under clau\eb ((',I ' i i ~ (!,I,
1
the concession having regar to the age of the building at a rate llot exceed ing
the maxim+.m of guideline valve shall be c i educted ar,tr tile amount i t r l ivc C, .I
shall be the property tax payable in respect of any buildir~gfor every half-year and
shall be paid by the owner or occupier of such building within the half-vear period.
E~planation.-For the pulpose of this sub-section, the expression "half-year"
shall be from the 1st day of April to the 30th day of September and fro111the 1st
oay of October to the 31st day of March of a year :
Provided that in the case of any Government or railway building a concession
shall be allowed in calc clating the property tax in such manner as pay be prescribed.
(3) The Commissioner shall issue a propelty tax book containing all the
details ~f the building 01 land and the property tax payable il, lclation to such
building or land :- such for111as nzay be prescribed.
1
(4) vv hare there is any vacant land without any building situated \vithin ths City
'limit, the Gomnlissioner shall determine the property tax payable for such vacant
land at the rate fixed by the council not exceealng the maximum oP gurt.uline valce.
Prokided t b ~there
t shall be an interval of five years botweec one general revision
and another g;neral revision.
125. General exemptions.- Tho following buildings and lands shall be exenlpted
from the property tad: -
(a) places set apart for public worship and fither actually so used or used
for no otber purpose ;
{b) ohoultries for the occupation of which no rent is charged arld the choul-
tries rent charged for the occupation of which is used exclusively for charitable
purposes ;
(c) bui!dings used for educational purpose including hostels attachd
thereto and places used for the charitable purpose of sheltering the destitute or
animals and orphanages, hos;es and schools for the deaf and dunib, asylum
for the a ed and fallen women and such similar institutions run purely on philan-
H
thropic ines as are approved by the council ; %,
u Lz
w ZL
(d) such ancient m muments protected under the Ancient Monuments
'Reservation Act, 1904 (Cantral Act V'JLof 1904) and such ancient and historical
monuments declared by or under the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 (Cer tral Aot 24 of 1958) to be of national
fmportanceand also sucb ancient monulnents and arcf.aeological sites and remains
protected under the Tanlil Nadu Ancient and Historical Moauments and
Archaeological Sites and Remains Act, 1966 (7 amil Nadu Act 25 of 1966) or
parts thereof as or not used as residential quarters or public offices ;
(e) charitable hospitals f and , diswnsaries but not including residential
quarters attached thereto ;
. .
(n such hospitals and dispensaries maintained by railway administration
as may, from time to time, be notified by the Government, b ~ t not including
residential quarters attached thereto ;
(g) burial and burning grounds included in the book kept in the m1 nlqpal
officeunder section 404 ;
(h) the. bed of any river or canal or any river 01- canal belongire to Govern-
ment and wM~h do not provide any Income to Government or aay
Government lands set apart for recreation purposes or any Government
property being neither building nor !ard from which i n the oprnion of the
Government any income could not be, derived as may, frc.m tin16 to rim., be
notified by the, Government:
.F-
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i 27. Lovy o fflitc.-- (1 1 Where a parso~lfailjto pay tl~sproperty tax withiq the I
tinx cpcified, the Com~nisionershail impose upon him, by way cf fine a sum as ,
fixcil the council i n this '~chaIfin zccordance with such rates as may beprescribed.
( 2 ) On verification of the return filed by the owner or occupier of the
1,uildilrg c,r land after the issue of the property tax book, the Commissioner may,
if 11e 1 5 sat,sfied that th' c wner c r t ccirpier w~lf~lly filed f2,lse return, the
Cc 1illn15.oner may cause reassessment of such property and direct tlle owner
01 ( ;c~!l> L r t c pay, in adilitir n to the tax 7.ssessec , by way of fine, a sum which
l l olle hundred per c ent cf the difference in the ti1.x d18e :
~ I l ~ t be
(7) An appeal agzinst the decision c f t%e tax^ l i n P.ppe?.ls Trlbi.:l.-I inay (
a
I
Bmaadmant of 8. In Schedule 1I;of the 1971 Act, Parts I1 :and V sl~allbe omitted.
Schtdole n.
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PART V.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
lamil Nadu Ad 9. In the Coimbatore City Municipal Corporation Act, 1981 (hereafter in this
25 of 1981. Part referred to as the 1981 Act), for sections 121, 122, 123, 124, 125, 126, 127, 128, Substitution of
129, 130, 131 and 132, the following sections shall b: substituted, namely :- sections I2 1,
122, 123, 124,
125, 126, 127.
128, 129, 130,
"121. Levy oj property fa.~-(I )The property tax shall be levied on all buildings and 131 and 132,
lands within the City.
(2) (a) In relation to any building newly constructed or where any addition
or alteration hzs beell lnadc to any existing building, the owner or occupier of such
building ;
(b) wl~*:re the title cjf any building or land is transferred, such transferee ;
(c) in relation to any building or land, in the event of death of the person
primarily liable to the payment of property tax, the person on whom the prcperty 1s
transferred,
t
shall furnish to the Commissioner within such date as may be prescribed, a return
for such building or land containing such details as may be prescribed for the
assessment cr reassessment cf the prcperty tax to the sr.ld building or land.
(3) 111the C ~ L cf
S ~reef wx.;~ncntc r generzl revisic n c f ::ny prc perty tex leviable
under this Act, t!le owner i'r occupier of any building or land shzll furnish to the
Com~nissit~, er within such time as may be prese-ibed. a return in such form con-
taining such details as may be prescribed for the assessment of pr~perty tax to
such b,ilding or land.
(4) If any o\vner or occupier of any building or land fails to furnish a retvm
as required under silb-section (2) or sub-seetion (3) c r furnishes an incomplete o r
incorrect return, the Commissioner or any person avthorised by him in this behalf,
shall cause an inspection to be made and ~ 1 s o to make such lccal enquiries as
may be considered necessary, and based on such inspection and information
collected, shall prepare a return and a copy of the return shd! be fi~rnishedto the
owner or occ!! pier of the b ~ilding
l or land.
(5) On receipt of a return under svb-section (2) GT s~b-secticn (3) or on
the basis of the return prepared by the Commissi~nerunder sub-section (4) and
after considering the objections, if any, received, the Ccmmissioner shall determine
the tax payable in accordance with the provisions of this Act and shall send an
intimation to that effect to the person concerned.
(6) For the purpose cif assessment of property tax fcr any building or land
in the City, the Commissioner or any cfficer avthcrised by him in this behalf may
enter, inspect, srrvey and measure any building c r lend, rfter giving due notice
to the owner or occrpier before such inspectlcn and the cwner or occupier shall be
bomd ,to funish necessary information required for this pl3rpose,
(7) The property tax on building and land shall, subject to the prior payment
of the land reveiw e, if any, due to the Gc vernment thereon, be a first charbe
opon the said bi3jlding or laod and upcn the mcvable prcperty if cny f ~ r n dwithin I
or 11pot1 silcl-,b ~ l ~ing
l d c r l ~ n dand belcnging tc the persc.n lii.ble to ,pay tax.
otrp) AV ? 1 (5x3)- 5
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123. Determination of ruic property tax, additional basic property tax, etc. by
Council.--(l) The basic property tax, the additional basic property tax and the
concession, if any, with regard to the age, for every blilding or land shall be deter-
lllined by the Council srbjecc to the minimum and maxin~um rates prescribed by
the Government under section 122.
(2) Tlie Council shall notify the rates determined under sub-section (1) an({
such other parti~vlarsand in such manner as may be prescribed.
(3) (i) (a) The basic prctperty tax for every building shall relate to the carpet
area of the building and its vsage :
Provided that the carpet area of any bvilding shall not include the open verandah,
open court-yard or any other open space which is not enclosed.
(b) The classification of the bvilding for the purpose of deciding the usage
of any building shall be residential, c~mmeccial~ industrial or any other claeufication
as may be prescribed.
(ii) (a) The additional basic property tax for every bdilding shall r:l ~t 1
to location and type of construction of the building. ,
- (b) For the purpose of this dame, the location of the bvilding sh- I t
be classified as foilows :
(A) arterial roads, bus-route roads leading to arterial roads and main
roads :
- a (B) bus-rou te roses G ther than those specified in iten1 (A);
(C) roads and streets in primarily :resideqtial colonies.
(c) The type of construction of the building shall be classified into different
groups as follows, namely :
(A) thatched and tiled roof ;
(B) reinforced cc ncrete cement roof ;
Provided that nothing contained in clauses (a), (c) and (e) shall be deemed
to exempt any building or land from property tax any bdldiog or land for which
rqnt or service charge is payable by the person using the same for the purposes
r e f d to in the said clauses. ,
i
128. Levy ojJine.-(1) Where a p m n fails to pay the pioperty tax within the
time specified, the Commissioner shall impose upon him by way of ff ne a sum
a8 Gxed by the council in this behalf in amrdanoe with suohrules as mey be
prescribed.
I
(3) The terms and cooditicas of the Iribunal shall be such as may be deter-
mined by the Government.
(4) Toe salary and other allowances payable to the Tribunal shall be borne
from the funds of the corporation.
(5) No appeal shall be entertained by the Tribunal upless the appellant]
deposits with the cdrparation the entire amount as essessed by the Comn,issioner
fa the revision.
,. : (6) (i) Evev appeal filed tinder this section shall be entered in a register
nmiutained for t h pcrpose by the Tniunaf.
. .
iii) The T r i b ~ l u lddl give L1 -n filing an iwca a ~ & k mnotice
specifying the PI*=. date a d time of bwiag the appeal
- (iii) The Tribunal shall dispose of the appeal within five months from the
&t;6, a. t e~
. of as appeal. ; , , , . . . A . s
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TAMIL N4DU GOVERNMENT GAZETTE EXTRAORDINARY
.- --
347
(v) The gist of the order p.issed io an appeal shall be recorded in the
8
register w;lic4 s l l i l l bz duly attested by the Tribunal and a c ~ p yof the order shall
be supalizd wit:ii.i te:i days frr,m the date of passing of the order to the appellant.
(vi) Tho excess ~ r n c l u i l tof' tax if available in view of the orders of the
Trinut~alwill b,- adjilsted by ti10 Co~ninissionerfor the property tax to be collected
in future.
(7)'An ap2eal ag3inst the docision of tbe Taxation'Appals Tribunal may
be filed within thirty days from the date of the order to the D~striotJudge.
(8) No appsal s!lall be entertained by the Districl: Judge unless the appellant
dspsits with tht c ~ r p r a t i o nthe entire a m ~ n04
t tax a3 decided by the Tribunal.
(9) W;iere ds a result of any order passed in appeal, any am?unt already
dep~sitedi; in excss*of tile tax due, the difference after d2iucting the tax ~ h d l
he :rl i ~ s t e 3t t wards the tax and fine d uo, in respect of any, other period to
the c~rgoration.".
10. In Schedule 11 to the 1981 Act, Parts I1 and V shall be omitted.. Amendment cf
Scrhedulo Ik
A. E. RAJAN,
Secretary to Govetmmt, Law Department.
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PJUNTED A N D PUBLISHED BY THE DIRECTOR OF STAnONERY AND PRINnrUC3, c l i b % N U %
ON BF'HALF OF 'THE GOVERNMENT OF TAMIL NADU*
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_-__-/_
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
x ; ~
.-*-,.
k
-- -
_
p
_ _ _ _ _
-
_ _ _ C _
I --- _-
-YIu~.Y
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Tho following Act of the Tamil Nadu L,egislative As:.einbly received the a j s e ~ ~ t
of the Gov~rrtoron the 26th April 1998 and is horeby published for general
infcr~nation:--
ACT No. 9 OF 1998.
k
endnaent of 2. In section 375 of the Tamil Nadu District Municipalities Act, 1920 (herein- I'urnil Nadu Act )
tion 375. after referred to as the principal Act), in sub-section (2), for the expression "31st V oj 1920.
day of December 1997", the expression "30th day of June 1998" shall be Tamil
substituted.
peal and 3. (1) The Tamil Nadu District Municipalities (Fourth Amendment) Ordinance, Tamil Nadu
ving. 1997, is hereby repealed. Ordinance 10
oj 1997.
(2) Notwithstanding such repeal, anytbing done or any action taken under
the principal Act, as amended by the said Ordinance, stall be deemed to have been
done or taken under the principal Act, as amended by this Act.
iefor~i~ation
:-
1. (1) This Act lnay be cal1ed:thelTamil :Nadu District Municipalities (Second Short title a n d ,
Amendment) Act, 1998. commencement,
(2) It shall be deemed to have come into ;force:on the 29th day of December
land within the area of the hill station having plinth area,-
(2.) (aj A.ny person aggrieved by an order of rhe cxeclitive auihority nnder
sib;-section (1) m ~ y ,within a perioii of sixty days from the date on wh;ch a copy
ofthe order kas communicdted to him, prefer a11appeal to t!le State Government la
such form, in such manner and with such fee, as may be prescribed. wl
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ii . . . GAZETTE
TAMIL NADU GOVERN~~ENT - EX r MUL\UL.LTL
, -. P
-
(c) Every order passed by the Stata Governnrent under thls sub-sectlon
shall be final.".
3. In section 217-E of the principal ,Act,-
(1) in sub-section (1), for the expression "The State Government rnay at
any time, cancel or suspend any licence granted under section 217-D if-", the
expression "The State Government or the executive authority may at any time,
cancel or suspend any licknce granted under section 217-D or section 217-DD, as
the case may be, if -" shall be substituted :
(2) in sub-section (2), for the expression "the State Government", the
expression "the State Government or the executive authority, as the case may be"
shall be substituted.
(2) for the expression "the State Governmslt", thc ex1)rzssion "thz Stata
Government or the executive authority, as the case msy ,b:" sllall bs substituted.
Tt
4medment oj 5. In section 217-G 01 the principal Act, 111 b~,L.a,;::on (I), ir, clause (d), for 0
gection 217-6. the expression "section 217-D", the expression "ssc tion 217-D or section 217-D D, 1
p the case may be" shall be substituted. I
I
Amendment of 6. In section 217-5 of the principal Act, for the expression "State Government"
section 217-5. i n three places where it occurs, the expression "State Government or the executive
authority, as the case may be" shall be substituted.
Amendment . 7. In section 217-M of the principal Act, in 'clause (a), for the expression "the
of section State Government", the expression "the State Government or the executive authority"
217-M. @hall,be substituted.
8. In section 217-N of the principal Act, for the expression "the State Govern-
ment", the expression "the State Government or the executive authority" shall
be substituted.
I
Repeal ar4d 9. (1) Thi: Tamil Nadu District Municipalities (Fifth Amendment) Ordinance, Tamil Nadu ,
saving. 1997, is hereby repealed. Ordinance 1
of 1997.
(2) Notwithstanding such repeal, anything done or any action taken under
the principal Act, as amended. by the said Ordinaxe, shall be deemed to have been
done or taken under the principal Act, as amended by this Act.
A. KsRGJAN,
Sccretarj' to Goa*r~tmc.rlt, -
Lnlv Department.
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The following Act of the Tamil Nadu Legislative Assemblv received the assent
of the Governo: on the 22od December 1998 and is hereb~fpublished for
ger~eralinformation :-
1. (I This ~ cj may
t be callcd the Tamil Nadul a1 Laws (~medd: Short dt:e ord a
Y'tbisChapter shall be made to the Commissioner in such form, containing such parti-
ylars.and with such fee, as may be prescribed.
(2) The Comruissionir may, after local inspection, g ~ a nat licence with
suoh,conditions or directions, subject to such rules as may be prescribed.
(3) The Commissioner may refuse 'o grant licence for reasons to be
recorded In writing : , ' '"1 .,.m
I
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(4) Every licence granted under su b-section (2) shall bf valid for such
period as may be prescribed and may be renewed from t t ne to tlme.
326-H. Appeal.- (1 ) P,n appeal shall lie t o the Standjng Cornmiltee from
an order of refcsal to grant or renew a licence or cancelling or suspending a l i c e ~ ~ ~ e
by the Commissioner under this Chapter ~ i t h i ntPirty dzys frcni ihe date ofreceipt
of the order.
(2)The appealshall be in such fdrm and ia such manger and shall
aacornpany with such fee, as may be prescribed.
(3) On receipt of such appeal, the Standing Comnlittcc m;y, aflcr nnking
such inquiry as may benecessary and giving s reasonablc opp( I tu1:ity lo thc appe-
Uant to be heard, pass such orders as it deems fit.
326-L Penalty.-Whoever contravenes any of the provisions of this
Chapter or any rule or order made thereunder or ob:jtructs lawfirl exercise of any
power conferscf by or under this Chapter shall be puni:hcd 17iiZh imprkcrmcnt
for a term which may extend to three years or with fine which may extrnd t s
ten thousand rupces or with both.".
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PAKT IIL
AMENDMENTS TO THE TAMIL NADU DISTRICT M UN~CIPALITIES
4CT 1920.
3. In the Tamil Nadu District Municipalities Act, 1920 (hercsizel in rliis Amcadraoa
the following clause shall be inserted, nan~ely: -
Part referred to as the 1920 Act) in section 78, in sub-section '1) alter clsluse (d), of emtIon
78,
"{dd)a tax on advertisements other than ailvcrl~~rrneurs
publish& it,
the news papers and advertisemen?s broadcast by radio or television,".
5. Aftm section 107 of the 1920 Act, the tollowing shall be inserted, namely :- I m o n of
W @done
lw*A k
1m.
Tax on advertisements.
Provided that the rates shall be subject to the maxima and minima laid
down by the State Government in this behalf and in any case such rate of tax shaU
not exceed rupees five hundred per square metre per half-year :
Provided further that no tax shall be levied under this section on any adver-
tisement or a notice-
(a) of a public meeting; or
(b) of an election to any legislative body or the municipal council: or
(c) of a candidature in respect of such an election 2
"
."Provided also that no such tax shall be levied on advertisement which is
not &-sign and which-
'
(a) is eihibited within the window of any building; or
(b) relates to the trade or business carried on, within the land or building
upon or over which such advertisement is exhibited, or to any sale or letting of such
landtor building or to any effects therein or to any sale, entertainment or meeting
to tr"e held upon or in the same; or
(e) is exhibited within any railway station or upon any wall or other
property of a railway administration except any,portion of the surface of such wall
or property fronting any street.
t7xplanation I.-The word * "structure" gin this section shall include
any movable board on wheels used as an advertisement or an advertisement ~nedium.
Explanation 11.-The expression "sky-sign" shall, in tlvs section, mean any
advertisement supported on or attached to any post, pole, standard frame-work
or other support wholly or in part upon or over any land, building, wall or structure
wbich, or any part of which sky-sign shall be visible against the sky from some point
hapy public plape and includes all and every part of any such post, pole, standard
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178.
__- .
TAMJT NAD b 30VER NMENT GAZETTE EXTRAORDINARY
-- -
*-
-tr
(c) any ad\ 3rtisenent relating to the n m e of the ' :nd or t>?lild~~~g,
upon
or over whicli the advertisement is exhibited, or to the nay , of thr owner or
occupier of such land or building; or.,jL_:,; tdjY
md w
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rJ.9,. 107-C. PermiWssion 01 the executive authority to be~omsvoid i,d certain a,ves,-
The pemioison granted under secticn 107-B shall become void in the following
uses, namely :-
(f) if the building, wall or structure uk \nor over which the advertisement
is erected, exhibitcd, fixed or retained be demoklshed or destroyed.
107-D. Owner or person in occzpation to be deemtd r~sponsib1e.--Where any
advertisement shall be erected, exhibited, fixed or retained upon or over any land,
building, wall, hoarding or structure in contravention of the provisions of section
107-A or section 107-B or after the written permission for thc: zrectior~, exhibition,
fixation or retention thereof for any period shall have expired or become void, the
owner or person in occupation of such land, building, wall, hoarding or structure
shall be deemed to be the person who has erected, exhibited, fixed or retained such
advertisement in such contravention unless he proves that such contr wention was
" committed by a person not in his employment or under his control or was committed
without his connivance.
107-E. Removal of unauthoriscd ~1dvertisernent.-If any advirtist rneni bi: erected,
exhibited, fixed or retained contrary to the provisions of sections i 07-P, or 107-13 or
31 oew
11-A.
CHAPTER XII-A.
ma air ..n B111 "-11: " - @ B e r ' P " ' W w BE ' R5 Q F ' 6.
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- l8Q
I - -
.
~ -
TAMIL NADU GOVERNMEiNT GAZETTE EXTRAORDINARY
-
-- -_ --
-_-I--
-.
285-C. Application for lic en~~.-(1) Every application for licence under this
Chapter shall be made to the exrcutive authority in such form, containing such
particulars and with such fee, as may be prescribed.
(2) The executive authority may, after local inspection, grant a licence with
such conditions or directions, subject to such rules as may be prescribed.
(3) The executive authority may refuse to grant licence for reasons to be
recorded in writing:
Provided that a licence shall not be refused unless the applicant has been given
an opportunity of making his representation.
(4)Every licence granted under sub-section (2) shall be valid for such period
as may be prescribed and may be reaewed from time to time. 1
1
285-D. Power to cancel or suspend 1icencc.- (1) Withal-L PI c; dice to any other
penalty to which the licensee may be liable under this Chapter, the executive autho-
rity may, at any time, t y order in writing, cancel or suspend any licence granted
or renewed under section 28542, if-
(a) such licence has been obtained by fraud, misrepresentation or suppression
of material particulars ; or
(b) the licensee has contravened any of the provisions of this Chapter or the
rules made thereunder or any of the conditions subject to whit h the licence was
granted.
(2) Before cancelling or suspending a licence under sub-section (I), the txe-
cutive authority shall give the licensee, an opportunity of making his replesent. t'Ion.
285-E. Removal of unauthorised hoardings.-Any hoarding elected without a
licence shall be confiscated and removed by the executive authority, without giving
any notice.
285-F. Removal of hoarding in certain other cases.- (1) Where any hoarcling
is retained after the expiry of the licence or erected contrary to the conditions of
licence, the executive authority may by notice in writing, require the licensee to
remove such hoarding within such time as may be prescribed.
(2) Where the hoarding is not removed witkin the time specified in the I otice,
the executive autbority shali, without further notice, remove such hoalding and
recover the expenditure for such removal as an arrear of land revenue.
285-G. Exemptions,-Nothing contained in this Chapter shall apply to any
hoarding on which is exhibited any advertisement which relate; to,-
(i) ' l i e trade
or business carried on within the land or building, upon or over,
' w1*;~h
suchhoaid~ngis erected or to any sale or letting of such land or building or
any effects therein or to any sale, entertainment or meeting, to be hcld upon or in --
c such land or building: or
,
(ii) the name of the land or building, upon or over which the hoarding is
erected or to the name of the owner or occupier of such land or building:
Provided that the exemption under this section shal! be subject to such size and
nature of the hoardin;: as may be prescribed.
j (2) The appeal shall be in such form and in such manner and shall
with such fee, as may be prescribed.
accompany
I
*
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(3) On receipt of such appeal, the Taxation Appeals Coiliiilittce may, attei
making such inquiry as may be necessary and giving u reasonable ctpportunity to
the appellant to be heard, pass such orders as it decfi~sfit.
(a) for the expression "a tax calculated at such rates", the expression
"a a calculated at such rates having regard to the location, size, reach and nature
of the advertisement' shall be substituted ;
(b) in the first proviso, for the expression "shall not exceed rupees one
hundred for each advertisement per half year", the expression "shall not exceed
rupees five hundred per square metre per half year " shall be substituted.
8. After Chaptsr XI11 of the 1971 Act, the following Chapter shall be inserted,
namely : -
"CHAPTER-XI11 A.
public wholly or
410-C. Application jor licence:+l) Every application for licence under this
,
,Chapter shall be made to the Comrmss!oner in such form, containing such particulars
m d with such fee, as mcry be prescribed.
(2) The Commissioner may, after local inspection, grant a licence with such
codditions or directions, subject to such rules as may be prescribed.
s to be recorded
Provided that a licence shall not be refused unless the applicant has been given
an opportunity of malung his representatron.
(4) Every licence granted under sub-section (2) shall be valid for such period
as may be prescribed and may be renewed from time to time.
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(ii) the name of the land or building, upon or over which the hoarding is
erected or to the name of the owner or occupier of such land or building :
Provided that the exemption under this section shall be subject to such size
and nature of the hosrrding as may be prescribed.
410-H. Appeal.-(1) An appeal shall lie to the Standing Committee from aD
order of rehsal to grant or renew a licence or cancelling or suspending a licence
by the Commissioner under this Chapter within thirty days from the date of rmeipt
of the order.
(2) The appeal shall be in such form and in such manner and shall accompany
with such fee, as may be prescribed.
(3) On receipt of such appeal, the Standing Committee may, after making
such inquiry as may be necessary and giving a reasonable opportunity to the
appellant to be heard, pass such orders as it deems fit.
,in writing :
.
+
ii.
'
Provided that a licence shall not be refused unless the applicant bas been given
-an opportunity of making his reprosentation.
(4) Every licence granted under sub-section (2) shall be valid for such perlod
.as may be prescribed and may be renewed from time to time.
410-D. Power to cancel or suspend licence.-(I) Without prejudice to any other
penalty to which the licensee may be liable under this Chapter, the Commissioner
may, at any time, by order in writing, cancel or suspend any licence granted or
-renewed under section 410-C, if,-
(a) such licence has been obtained by fraud, misrepresentation or suppression
h of haaterial particulars; or
(B) tllc iiccnsee liac co.ltravencd any of the provisions of this Chapter or the
rules made thercunder or any of the conditions subject to wh~chth.: licence was
granted.
(2) Before cancelling or suspending a licence under sukk-section (I),
the Commissioner shall give the iicensee, an opportunity of making his representa-
. *'.biOn. * '
410-E. Pit~movcrl oJ urlil:ltlzoris~rlhoardirzg.--Aay hoarding erecled without a
licence shsrll be confiscated and removed b y the Commissioner, without giving any
: notice.
410-F.Removal of hoarding in ce!.tnirz other cnscs.-(1) Where any hoarding is
retained after the expiry of the licence or ::rected contrary to the condil ions of licence,
the Commissioner may, by rlotice in writing, requirc tl-lc iiccnsec lo rcmovc such
hoarding within such timc as rnay be prescribed.
(2) Where the hoarding is not removed within the time spe1:ifie.d. m the noticep
%theCommissioner shall, without further notice, remove such hsardlng and resoxrer
-tho expenditure for such removal as an arrear of land revenue.
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- lb4 .
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410-G: 8xem~ions.-Nothing contained in this Chapter shall apply to any
hoarding on which is exhibited any advertisement which relates to,-
(I) the trade or business carried on within the land or building, upon or over,
which such hoarding is erected or to any sale or letting of such land or building or
any effectstherein or to any sale, entertanment or meeting, to be held upon or In
such land or building; or
@(ii) the name of the land or building, upon or over which the hoarding is
erected or to the name of the owner or occupier of such land or building:
providd that the exemption under this section shall be subject to such size and
nature of the hoarding as may be prescribed.
410-H. Appeal.--(l) An appeal shall lie to the Standing Committee from an
order of refusal to grant or renew a licence or cancelling or suspending
a licence by the Commissioner under this Chapter within thirty days from the date
of receipt of the order.
(2) The appeal shall be in such form and in suc 1 (manner and shall
accompany with such fee, as may be p r d b e d ,
(3) On receipt of such appeal, the Standing Committee may, afte: making suck
inquiry as may be necessary and giving a reasonable opporlmnity to the appellant
to be heard,$pass
, >'-z* such orders as it deems fit@
410-1. Penalty.-Whoever contravenes any of the provisions of this Chapter
or any rule or order made thereunder or obstructs lawful exercise of any power
conferred by or under this Chapter shall be punished with imprisonment for a term
which may extend to three years or with fine L\IUCL ;-lay e ~ + e nto
d ten thousand
rupees or with both.".
&peal of Tamil
Nadu Act 89 of xepealed.
1985.
!
i
j
I
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The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 22nd December 1998 and is hereby published for
general information :-
ACT No. 52 OF 1998.
/
&n Act further to amend the Tamil Nadu District Municipcrlities Act, 1920.
P'
BE it enacted by the Legislative Assembly of the State of Tam111Nadu in the
Forty-ninth Year of the Republic of India as follows :-
ck 1. (1) This Act may be called the Tamil Nadu District Munic~paliliesT(Third Short title and
h Amendment and Validation) Act, 1998. commma-
me&.
7.
(2) Sections 2 and 3 shall be deemed to have come into force on the 20th day
of August 1997;)
2. In the Tamil Nadu District Municrpalities Act, 1920 (hereinafter referred to2 Amendment a
ai the principal Act), in section 40-A, for the expression" Regional Inspector ,of 40-A*
. I
1
exprubslon " Regional Director " shall be substituted.
C 1.,Notwitnsraaalng anything ,contained in the principal Act;( r in any other law Validation.
for the time being in force or in any judgement, decree or order o f , ny court, tribunal
or other authority, all acts done or proceedings taken by the Regional Director of
Municipal Administration under the principal Act, on:or after the 20th day of August
1997 and before the date of publication of this Act in the Tamil Nadu Government
Gmette shall. for all DurDoses be deemed to be, and tollhave always been, validly done
&
or taken in accordance with law, as if the principal Act, as amended by this Act, had
1; been in force at all material times when such acts orgproceedings were done or taken
r; and no sult or other legal proceeding shall be maintained or continued against the
8 Regional Director of Municipal AdministrationSjwhatsoever on the ground that such
Acts or vroceedinns were not done or taken in accordance with law. -3
TI1c ftlli!v.;l-,l Act. of th: 1' rl-.;l ?.:::dl! Lczi-1r:tii.e ,.',~WI--,! :1 :-cS\
. '
"
. , ' . .
o l , , ; , 1998 ant1 i . 1!c:-,l-... ; - ~ ~ : l -i .\.l i ' '
_ , i i..l_
nlntion -
AN ACT FURTHE17 '10 l\h$I'XD THE LA\\'S (EL.1IING 1-0Ti ; ' ,: " l C i ? \ L
cORPORATIOKS AKD hIi:K1CIPALlTIES Th l l lE STAIE Cf: i' \ ' 1 ; ! ?.:.ADI_'.
. ?. ,
IjE it cnuc:~rlby Ili:: J.r;gi,81a1;~...:As<.<n:h!y of thc .Y:;:t>if Th;;iii .. 1 .
ninth Year of tht: Kcp~.tlicc.i 1:-,dia as follo\:i :--
PART-I.
1 . ( 1 ) 'fhis Act niay bc cc~llcdthc ?alnil S a a ?,Iiinl.lj":: I....> *.; .<! .. < I -
Short title
and comincn- mcnt) Acl, 1998.
cement.
(2) It snall be deeined t o have come into forc: on the 1 st dz.y c ~ f0 ~ : u l i sI.)!. .
Insertion 2. After Chapter V of the Chennai City 3: inicipal C c r ~ o r a t i c .,'..f 19!5 tlr Tst-,l
of new following Cllaptcr shall be inserted, namcly :- A-i 1
Chapter V A . lr)13.
.
owned or colltrollcd by thc Central Govcrnrilcnl or any St,.,,: C;J' . ; : > I , : ~ ~ t, ::! c:. . -1.
~ ~ f1d;:J ~ q7:;'ltcrs :. , '
body operates within the Ccrporelion limit c \ ~ c l ~ t l l oits
outsidr: the Corporation linit ; a n c
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.ADU GOVERNhlENT
-- --- .
LY
GAZETTE EXTRAOZDINARY
--- - -. --.---
-..w---m--. -
(iii) a p m o n cnga2cd in ri!~yc~nplop!n:rll by nil cmploycr, not cov:rcd by
sub-qlauses ( I ) a n d (ii) ;
(b) '' employer " in relation to an employee earning any snlary on a regular
basis under his means, the person or the oficer who is rcrpon5ible for disbursenlent of
such salary and includes the head of the ofice or any establishment ns wcll as tile
Manager or Agent of the employer ;
' ( c ) " lialf-year " shall be from the 1 st day of Apiil to the 30111 dnjr of Scp:clllber
- an: from the 1st dhy of 0ctoL:r to the 31 st day of hlarcll of a ycar ;
( d ) " monih " means a calendar ~llollth;
('e) " person " nicans any pc,son who is engagxi ilclivcly or otherwise in any
-profession, trade, calling or cmploylncnt in thc Slatc oS?allliI N a f h and includcs n Hindu
undivided family, f~rnl,company, corporatioli or other corporate body, any socicty,
c l u b , bo,dy of pcrsons or association, so engaged, but does not il~clude any person
lemployc&oh a casual bdsis ;
( f ) " tax " means the tax on profession, tradc, calling and emplo>ment levied
F under this Chqpter.
(2) Evcry cornprrny which transacts business and every person, who is engaged
actively or otherwise in any profession, trade, calling 01 cmployn~cntwithi11 the c ~ t yon
the first day of the liolS-ycor for which return is filed, shall pay half-yearly tax at the
,sates specified in the Table below in such manner as may be prescribcd :-
THE TABLE
Average half-yearly income. Ha lf-year Iy
tax.
(2) (3)
.----- ---7
..
r-------.-dA
Fro ~n To
RS. Rs. RS.
.. Nil
30,000 60
45,000 150
60,000 XI0
75,000 450
75,001 and above *. Ci10
(3) The rete o f Lax payable LI ndcr sub-section (2) shall be published by the
d~ommissionei.In such nlaaner as may be prescribed.
,(4) Whcre a comnpany or person pprovcs that it or 11c has paid thc sum d ~ on ~ e
accoui~tof the 18 x levied under this Chapter 01. riny tax of tile natulc oC it profes-
sion tax imposed under the Cantonments Act, 1924 for the same half -year to any
localautltority or cai~tonmcntautlzority in the Stale of Tamil Nnclu, s ~ , ccl ~ m p a n y
or person shall not be liable, by reason merely of change of place of business,
exerc?acof pt ofcssion, trade, calling or emplojnicnt , or residence, to p , ~ the
y tax to
an:. other local autl~orityor ca~ltonmcntnutllority.
up) IV-2 EX (7>$:-1A.
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casts final assessmsrlt 3rder sllall bc p ~ cd s i I; :.ccc,: d: ncc c r:h t ht. 1' cvi ' I ( r - ,j
this Chapter.
Ile nzay consider neccssary, assess such person to the best cf his judgn ect :
i,)
I
J
(1 2) Evcry pcrson wllo is liablc to 11:lytax undc: thi:, ~ectiori,cthcs tl1:in ., ,.:r-
son ,wiling salary or wage -
(a) shall be issued with a .pass boc k contclinit~gsuch <!elails relating 1,) ,L.; .
payment oftaxas may be prescribed and if the pass book is lost or accjdent,lIly
destroyed, the Colnniissioner may, on nn application 11ide by the perion I
accompanied by such f:e as may be Excd by the Ccuncil, isiue ' 0 st~cll pcr\,,n a
duplicate of thc pass boo!", t
$.
(b) shzll bz sllcttec! a pern,anc t;t ;.cccc~:t J?U I 1 cl '&l;ti '>i1clip c r ~3, , i., i
(1 3) ~ h rate
c cf tax specjfieh under sub-section ( 2 ) sllall be revised by the Coun-
cil once: in every five years and such revisicl? of tax shall be increased not less than
twenty-five per ccnt and not nlore than thirf y-five per cellt of t l ~ etax lcvjed
immediately before thc datc of revision.
138-F. Ptn. 11y and h7ttrtst.-(1) In addi:ion t~ :he :a? assessed ~ : r , i e rsub-
section (11) of scctic n 138-U or sub-sectic n (2) of sccticn 138-E in the c;l~cof sub-
mission of ~ n c ~ r r cor
c t incomplrte rettlrn, the Ccmmissioncr sl~alldirect the person
or employer to pay by way of penalty of one hundrc,d prr cent ofthe iiffercnce of
tllq tax assessed and the tax paid as Fer return:
Provided thzt no ppcnaltyunder this sub-seclicn sllz!l kc impcscd after the period
of three years fi-omthe dale o f t he order of ihc zssessment under this Chapter a ~ d,
unless the person afFectcd has had a reasn~?eble opporft~nit y of showing cr,nse
against such imposition.
(2) On any amount remaini~~gunpald ;:fter t11c drrtcs cllccificd for its paylvent,
the person or cmploycr shall pay, I J I iidditionto t h c :il.rlc,r,nt rltrc, i n t t icst i ~ \t [ I L [ ~
rate not cxcccding one pcr ccl.rt pcr Ii:cnscnj of sucll a~:lc,i~nt for thc cntirc pcriod of
default, as lnay be prcscribcd.
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TAMIL NADU GOVERN:\IEN'r (i.\ / . C ' l i l: i i X I
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13s-13. rlzi,tio,~~.-?i,)t h i n g conlairltti i 1 this Ch:!pit 1. 1 i . t : ,-I-!)' to-
(c) physicallydisablcd persons s ~ i t 1 1tola' disability :11 onc cs ;lo I; 1I.c IIXI?L!>
o r legs, spastics, totally dulilb or dcaf persons or totally blilld gt:-so~l'-:
Provided that such physical disabili I y sfla1 I b.: duly ccr!i fitd by CI P c.~ilislcscdMedi--
eal Practitioner in the service of the Govcrnmenl not below the ralik oi Civil Surgeon.
138-1. RcpL~al clnd snvi,zgs,-(l) The Tanlil I.laclu Tax on Piofcskio~ls. Trades, Taniil ' k d u
Callings and Enlployments Act, 1992 (hereaftt r in this section rcf~rrcd to ds tho Act 24 of 1992
1992 Act) i n its applicatioll t o the city, is herc by rcpcalcd.
(2) The repeal of the 1992 Act under sub-section ( 1 ) chall not affect ,-- I
(i) the previous operation of the said Act or anythitig clone or tluly suffcrc 1
thereunder ;or
(ii) any right, privileges, obligations or li~bilitics acquired, accr:lcd or ,
incurred under the said Act ; or
(iii) any penalty, forfeiture or punishment incurred in rzspcct of any ofict1i:
committed.
(3) Notwithstanding the repeal of the 1992 Act, the rates oftnx 011 professions, 4
trades, callings and employments specified in. the Schedule t o the said Act sliall con-
tinue t o apply for the period commencing on tlie 1st day of April 1992 and ending
with the 30t h day of September 1998 for the levy and collect ion of such tax for the
said period, where the tax due under that Act has ndt been paid for the said period.
. (4) The provisions of this Chapcer, otner than the rates of tax specified in sub--
section (2) of section 138-B and the provisions relating to penalty ana Interest,
shall mutatis murcndls apply to the levy ancl collection of tax for the period
mentioned in sub-section (3).
(5) The arrears of tax tinder the 1992 Act shall be paid in six equal half-yearly
insfalments in such manner and within such period as nlay be prescribed. ",
PAKT-I1 I.
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNrCIPALlTlfS
ACT, 1920.
3. ~ f t c : r Chapter V I of the Tamil Nadu Distl.ict
1920,tho following Chapter shall be inserted, namely:--
M~,nicipal,ities Act, 'lamil KadJ
Act V -3f 191b I
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i~t~-o.~v. !A. U-yL..rIy
lox. ,
.
/
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. .. Nil.
2 ! " Ri. 21.CHI'I Rs. 30,COO Rs. 63
Rs.45,000 Rs. 1 0,
rIrbm m ~ ~ ~ ~ t ~ @ s r e p ~ r r * p k ^s ." Ir B
~ un" ~P 'FC* w
a ''
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(4) Where a company or person proves that it or he has paid tlie sun1 due on C..:lrr,i 1 Act
account of the tax levicd under this Chaptef or any tax of the nature of a I f or 1924.
profession tax imposcd under the Canton~ncnts Act, 1924 for the same
half-year to any local authority or cantonment authority in !he State ofTamil
Nadu such company or person sl~allnot be liable by r e s o n rnercly of change
of place of business, exercise of professio?, trade, calling or employment or residence,
to pay the tax to any other iocal authority or cantonment authority.
d
(5 T l ~ etax leviablc from a firm, association or Hindu undivided
he Ievie on any adult member of the firm, assxintion or f~lmilv.
filmily may
(6) Where a pelson doing the same b~~sincss in the snlne nntne in o~zcor
more places within the municipality, the ino~meof such busincss in all places
within the municipality shall be computed f o ~t1ie parpose of levy of tax and such
person shall pay the tax in acc~rda,~ce
with t l provisi.,ns
~ of this C!I ~ptl::.
(7) Where any company, corporate b 3 J y, socivty. f rm, body of pcnons or
associat~on,pays thc tax under this Chaptc:, any d~rector,partner 0:.m:mbn as
the case may be, of such compaoy, corpolatc bdoy, socitty, firm, body of persons
or association s!lali not be liable to pay tax 111ldcr this Chapte~fol the income
derived by such d i ~ s c t op'tttner
~ or mc~nbsrfioni such co nixmy, co1.p: r :tr body.
society, firm, body of pcrsotls o, a~sociarion.~ :
Provided that such dirzcfor, partner or m;nlbzr s ! ~ ~ lb:l li<tblc.to p : i ~ t:\g
under this Chapter f0.r the iacomt dorivcd from other s o u r c s
(8) Every person who is liablc to pny tar, othei th:i!l a p:rson enrlii 11srt sltl:uy
or wage shallfi!rnish to the executive auih~ritya return i n such form, for snch period
and within such date ~ n din such manner as may be przscribcd:
Provided that subject to the provisiol~of sub-sections (10) and (1 I), such
person may make a szlf-assessment on the basis of average half-yearly lncolne of
the previous financial year and tlie return filed by ilinl sl~allI>: accepted without
calling for the accou,~tsand without any inspection.
(9) Every such return shall accompany with the proof of payn~clltof the fit11
amount of tax due according to the return and a return without such proof of payment
shall not be deemed to have been duly filed.
(10) Notwithstanding anything coc~tainedin tile proviso to sub-section (8),
t b executive authority may select ten per cent of tho total ~iumber of such
assessment in such tloanner as may be prescribed for the purpose of dctailed scrulitly
regarding the correctness of the return submitted by a person in this ~ n n e c t i o na t ~ d
in such cases final assessment order shall be passed it1 accordance wlth provrsloils
of this Chapter.
(I I) if no return is submitted by aey person under sub-section (8) within the
prescribed period or if the return submitted by him appears to the executive
authority to be incomplete or incorrect, the executive authority shall, after making
such enquiry as he may consider necessary assess such persen to the best of
his judgemefit:
Provided tlrat before taking a h o i l under this sub-section, the person shall bc
given a reasonable opportunity of proving the correctness or completc~~ess of any
return submitted by him.
< . Every person who is Iiable to pay tax under this section, othel than a per-
son earning salary or wage -
(a) shall be issued with a pass book containing such details relating to sucll
paytreat Of tax a s may be presclibed and if the pass book is lost or accidentally des-
troyed the executive authoiity may, on an application made by the person accom-
panied by such fea as n,ay be fixed by the ~nunicipalcoui~cil,issae to such pcrsoll
a duplicate of the p a s book
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2nd shall-
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provided that before assessing the tax due, the executive zut horit g shall give
the employer a reasonable opportunity of being heard.
124-H. Pcnnlt,varzd it~tcrcsf.-(I ) In addition to thc taxasscsscd under sub-section
(11.) bf section 124-D or sub-sektion (2) of section 124-Gin the case of' s u1)mission of
ib;t:bnect or in~orhpletereturn the executive authorilq shall direct the person or.
employet to pay & way of panalty of one hundrsd per cent of t hc djfference
of the tax assessed and the tax paid as per return:
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(2) m ~ decision
e of the Taxation Appeals c~mmitfeeshall be final and 'hsjj
not be questioned in any court of law : dI
1
Provided that no such decision shall be made except after giving the rCV''''l
affected a reasonable opportunity of being heard.
124-J. Excntp;ions. -Nothing contained in this Chapter shall ~ P O ~ t('--
Y
(a) the members of the Armed Forces of the Union serving in zny part i f Ct n3,;. l A c t
i
this State to whom the provisions of the Aimy Act, 19% the Air Forcc Act , XZV of 1
1950 or the Navy Act, 1957 applies ;
(b) the members of the Central Reserve Police Force to whom the Cer,t:al cc~:liz{l Act
Reserve Police Force Act, 1949 applies and serving in any part of this Statc; XL'tlE .if 1949.
(c) physically disabled persons with total disability in one or both the hant!.;
or legs, spastics, totally dumb or deaf persons 01 totally blind pelsons :
I
(4) The provisions of this Chapter other than the rates of tax specified in
sub-section (2) of sectiori 124-Dand the provisions relating to penalty and interest
shall inutatis murandis appb to the levy and collection of tax for the period
mentioned in sub-section (3).
(5) The anears of tax under the I992 Act shall be paid in six equal half-yearly
instalments in such manner an3 withi~~such pericbd as may be prescribed.
PART IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION
.4CT, 1971.
Losertion of 4. After Chapter V of the Madurai City Municipal Corporation Act, 1971. Tnmll
n w Chapter the following Chapter shall be inser.ed, namely ;- Act
V-A 1971
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A' i
.T&' on ~fofession;trodPItailing lild w2plo)lmnv.
(c) "half-year" shall be from the 1 st day of April to th: 30t11 day of
September and from the I st day of October to t hc 31 ct dnlr of March of a
(2) Every company which transact bi~sinessand every person, ~vhois engaged
activrly or otherwise in any profession, trade, calling or employlncnt witbin the
#cityon the first day of the half-year for which return is filed, allall pay half-yearly
:tax at the rates specifies in the Table below in such manlier as may be prescribed :-
THETABLE.
A verilge ArilJ-p carb, incongc. Ntr4-ycrrrly t ~ ? x .
Fm--dA--- 7 (3)
From To
Rs. Rs. Rs.
1 Upto Rs. 21,000 .. Nil
2 21,001 30,000 60
45,000 150
60,000 300
75,000 450
6 75,001 and above . ... 600
(3) he rate of tan payable under sub-section (2) shrll be published by
ths Cornmissloner in such manner as inay be prescri bzd.
up) IV-2 EX.(758)-2A.
- ..w.
(41 U'Ecre a ccn yar:j or pcrhcn proves that it or he has paid the s u n , +tic
' cn acccuct cjf t1.e t2x l~vicdu,nder this Chaptcr or any tax of the nature OF a
prcfession tax impcscd i,nc'.er ?lie Cantcnn;enls Act, 19% fcr the Lame half-y ct
to any local zutholity cr cantcmrent eutbolity in the State cf Tamll Kzdu, L: i l ! Cr-ijtr:,l Act
company or perso11 st1.tll nct bc: liable by reascn merely of. change ;e cf piece ( : 11 c f 1924.
business, exercise cf ,rcf;.szicn, tr&c!r. callicg r r cn p l ~ ? ~ c f i tcr. rcfidxnce: 1 4 -
pay the tax to any otht:r lccal Rt~thcrityor cat1f21in;c1lta~~thority.
(6) Where a pcrscn dcing the same- huziness in the sam~enanie in or,e or 3?:c.rc
pla&s within the city, the inconie of such business in all placcs within the ctcy
shall be ccmputcd for the purpose of levy of tax and such person shall pay tht f : ? x
in accordance with the provisicns cf this Chapter.
(7) Wliere any colxpany, a ccrporate bcGy. society, fiim, bcdy cf perain\
or association pays the tax under this, C+pccr, any director, partner or n;cr~.txr,
as the case may be, cf such ccnlpany, corporLte bccry, society, fii m, bcdy c;f prscnb
or nsscciation shall nct be li~blcto pay tax ~.nc!er this Chapter for the inccme
derived by such director, partner or mcrnber from scch company, ccrporate b c d j ,
society, fiin~,bcdy caf pcrsons cr asscciaticn :
(8) Every pcrFon \tho is liable to yc?yt.;x, ct1:c:. th?n c, pc; LL 11 eel n:~:g>,I; I 3
or r\r\lageshdl furnish to the Ccnwishicner a rtturn in s ~ c fcrm, h fcr such pc: ic ii
and within such date and in such n-.anner as n:ng be presciibcd :
Providcd tllat subject to the p~ovi<ic 1)s c T t~cb-iccic 11s (10) ~ l ; d( I I). I (11
plerson may make a ~.elf-;is~essn-~er,tc n the basis cf avel Pge half-1c:r ly incc I; t. t t
tho yrcviou? financial yc,:ar ai7d the l e t i r : ~f i l c d t y hini \ha11 bc 2 c c ~ p t ~nd! : l i t t a
r accouzts a d v,it!~cl.t zny ~n.pcc:icn.
calling f ~ the
t ~ any
(I :) t t ' III; !-et,rn is S I b ~ ~ : t I:y d pc ~ s c nL 11c:cr $1b-:eci;cn (P) \\\.;tl~jn
ir t
piescribed 1x:icd or if the leturn $ul.mittcd by kin: appears to the C~n~niissic 11~s-
t o be incomplete or incorrect, the ccrm's:~crcr !1.?1I. eitcr ~r,:l;irp si!ch CI q: ; I '
as he ~nitvcon~idcrr,eccssery, a:sc?s ~ u c h :t-~<cnt c rbe k t s t ci' 1-~l\ j~c:grr ert :
Prcvickd tiiat bb.:f~tc iah;l;g nctl., n ~ c i ' . t1 ti,,' >L l;-:cct;c I?, t1.c I cl:c n . ,,
bo givsn areescnnhle cppcrtcr.'t~ c f p ~ c \ i t - _t!.c c c ( : I c L ~ ~ ~c : i : ccl-;-!ctcl.,\. *
(i) q:rcfc S L ~ C I I n~:.;lbir In :![ his :e!crns to, ci cc ncspcnc'.ci;cc wit]\, tiLe
Coln~~~issit.ller
;
(ii) qcr(:,le S I ~ C I ~n~lmbcr i n r:Il cl?alanclf, r !kc pa j.1: cnL (,f iiny SUII; ('t'e
u ndcr this Chapter.
(13) The rate cf tax specified ~tildcrsub-sectit n (2) shall 'be revised by tile
Council once in eve1y five ycnrs and such rcvisic n of la s sli~.llbe incrc;*sed nc t icsj
than twenty-five pcr ccnt a!ld nct more t ha11iliiity-fibc pcr c c ~ ~t 1 t 'lie tax Ici .cd
iminediately hefcxc ~ I I C d ~ i c~f r c ~' \;I'C. E .
169-C. Lng~loq'trs lirrbilitj lo clc>clzlctcirzdpcy ttrx on bcluJj oj rke t7nlploy~,s.-
Tfie tax?payable by ,any person earning a salat y ( r wcgc sl~hllbe deductec' by'his
employkr f r c h the kalaiy pnyzble tc; such pcrsan, befcr e s ~ c 1 s1a l e q cr v:cge is pilci
to him in sncl~n:annei as nAnybc presaib( d and scch ejilplc ycr s h ~ l lirrespective
,
of whethcr such dcdcctjcn 1 as bccn made c ~ r~ c wl;en t the salary cr wnse i? paid
to such prrson, br: liable to ppy tax o n lwheif of such person :
Provided that if the cmploqcr is a n oflccr of the Statc or Central Goverlz~ncnt,tl,c
Governnlent may,notwithstanding anything contained ill tliis Chapter, prescribe the
manncr'in which such cmployer sllnll discharge thc said liability. . .
169-D. Fili~lg of rt trrrns I?y rr?zployer.-.(l) Evcry cmployer liahle to pny tax
undqr this Cllaptcr shall file a return to the Commissioner, in such form, for such
period a11d by su -.I1 rate as may he prescribed, showing therein tho salaries paid
by him t o the emp1o:'ees 2nd thc dmount of tax dcductcd by him in respect of
such employee:. .
(2) Every such return si~allaccompany.with tlic proof of payment of the full
aaaum of tag due according t o the return and a rcturn without such proof of.pay-
merit s b l l not be deemed t o have been duly filed.
16f,E. Assr,~s:n.at, o j t l r p o m p l o ~ ~ ~ r . - ( iThe
) commissioner^ is satisfied ;hat
any' r turii flled by any employer undcr sub-scction ( 1 ) of section 169-D.is correct
and complete, shall accept the return.
42) Where a n cn~ployerhas failed to file any r c t ~ ~ under
rn sub-scction ( I ) of
secti%d169-D within the time or if the return filed by him appears to the Cori~mis-.
sioner t o be incorrect or incomplete, the Con~lnissionershall, after making such
enq$ry as he considers ncccssary, f determine the t a s due and asspss t hc employer
to the best of his judgement and issuc a notice of tlen~andfor the tax so ;:l;rcsscd :
I
provided that before 6.isessing the tax due, the Colnl.ril~~ioner
shall give the
emplbyei a rensonablc ,opportunity of being Iliard.
169-F. Pcnc,lty c.11tl i r t t ~r : s ~ . - (I ) In addition to I h!: tax nsscssell under. sub
section (11 ) of section 169-B or sub-section (2) ofisection 169-E in the case of sub-
lnissiop of incorrfct or ihcomplete return, thc Comltiissioncr shall direct the person
or en~plpjrerto,pajr by way of perlaity of one 11unG.cci pcr ccnt of the difference~ofthe
tax. ~ssesseiland tIk tax paid as pel- rcturn : * . . A
Provided that no penalty under this sub-section sl.la:l bc imposed aftwthe period
of tprea~8hrS from the date of the; brdkr of thc assessment under this Cliaptcr and
unless the person affected hhs hacl a reasonable opporttinity of showi~qcausc agslnct
such imposition.
(2) On any amount rem,zining unpaid afterrthe dates specified for its payment
the person or employer shall pay, in addition to the amount duc, irltcrcst at srrch
rate not, $;feeding one pFr cent pcr mensen! of sucb amount for t h o entire perihd ot
deftidit', as'mafr be prcscribecl.
(2) The decision of the 'laxation Appe:ll. Tribunal sll;~llh< ! i 1 1 : ~ land sliall not
be qgastioncd in any court of law:
(a) the men~bersof the Armed Forces 0 7 tllz Union serving in any part ol ( .I , ; [ LI I Ac:
this State, to wlrom the provisions of theArnly,ict, 1950, the Air Force Act, 1950 XLVI of 1950.
I ar the Navy Act, 1957 applies : ('cnlr,ll Act
XLV of 1950.
Central Act
62 of 1957.
( b ) the members of the Central Rescr~~c
Policc Force !o 11~110m111: Ccntral Cciltral ,Act
Reserve Police. Force Act, 1949 applies and sxving in any part of this State ; XLVI of 1949.
(r.) physically disabled persons with total Jisnbility in one or both the liands or
legs, upttstics, totally dumb or deaf persons or totally blind persons :
... ,
Provided t h t SIJC?I A ~ ' - ~' J -
ph:ijicoI disability jlrl! 52 d.:!:' :rr:.:,e:. . 5; r R .=I>&-'cL
; r !$.: ,.;r~;*;i-9f:,'v3 G~'.::T.,Y::: x;: a:': i : E - r l r . k a f ,
f,';';/ % # J ~ K ' Y , ,;
(4) The provisions of this Chapter, other than the rales of tax specitied in sub-
i sectigfi (2) of section 169-B and the provisions relating to penalty and interest, shall
ml,tutis nr utcrndis apply to the levy and colleclion of tax for the period mentioned in
sub-section (3).
(2) The arrears of tax under the 1992 Act shall be paid in six equal half yearly
1i
I
instahtents in such manner and within such per id as may be prescribed .".
PART -V.
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cr Chapter -V-A .
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3 ,
.
b.
.
(a) 'tmployce" means a person employed on salary and includes,-
(i) a Government servant receiving pay from the revenue of the Central
Government or any State Government :
9 . 1
(0) half-year " shall be from the 1st day of April to the 30th day of Septem-
ber and from the I st day of October to the 31st day of March of a jear ;
(d) " month "means a calender month ; . -
.. .
(e) "person " means any person who is engaged actively or otherwise in any
profession, trade, calling or employment in the State of Tamil Nadu and includes
a Hindu undivided family, firm, company. corporation or other corporate body,
any society, club, body of persons or association, so engaged., but docs not include
any person employed on a casual basis;
(f). " tax " IneaIls the tax on p:ofcssion, trade, calling and employment levied
under thls Chapter.
169-B.LEVYqfprojession tux.-(I) There shall be levied by the Council a tan on
profession, trade, calling and employment.
(2) Every company which transacts business nna every person, who is engaged
actively or otherwise in any profession, trade, calling 01 emy,loyn~ent within the
city on the first day of !he half-year for which retu~nis flled, shall pay half-yearly
tax at the rates speclficd in the Table below in such manner as ]nay be prescribed.:-
THE TABLE.
Serial number. Average half yearly incoll~e. I-Tulf -yehrEy '
tax. .
(1) (2) (3)
r - A----- T
From To f
eis
--- --- -. --
TAMIL NADU GOVERT\':;IENT GAZETTE E X T I I I ~ O I < I ~ I N A I I Y
-- - - - - - - -- \..,.- -
-. - -- - --.
--*.-----I
-- - -
.
-
(4) Whcre a company or pcrson proves that it or i e has paid the SLIM c l ~ ~on e
acc0up.t of the tax levicd undcr this Chaptcr or ar.y tax of th: nature. of a pro--
fession tax i l n p o ~ dundcr the C:tntonments Act, 1924 fdr thc snn~chalf-ycar 1,) any Zcntr 11 Act
. local authority or cdntonment authority in the State of Tamil Nad u such conipan) or I 1 c ll'24,
person shall not be liable by reason mcrely of ckangc of plnw of business, exercisc
of profession, trade, calling or en~ploymcntor rc~icicncc,to pay t hc tax to any vtllcr
local authority or cantoninent ailthority.
(5) Thc tax leviable from a finn. association or Hilldu undivided frllnily luny >>
levied on any adult member of the firm, association 01- family.
(6) Wlrere a person doin:: the same business in tlie same namc in one or more
places wfihin the city the income of such business in all places within the city shall
be computed for the purpose of levy of tax and sucll person shall pay the tax ill
arcatdsnce with tllc provisicv s of this Chaptcr.
(7) Wllcrc any company, corporate body, society, firin, hoJy of persons or
association pays the tax under this Chapter any director, partncr or mcmkr, as
the case nlay be, of such company, corporate body, society, firm, body of pcrsons or
association shall not be liable to pr:y tex under this Cliapter for the iiicolne derived
by. sucl~director, partner or member froin such cor:lpany, corporate body, society,
firm, body of pcrsons or asscciltiuns :
Provided that such director, aartner or member shall bc liable to pay tau uilder
this Chapter for the income der~vec!ficm olher so~;l.ccs.
(8) Every person who is liable to pay tax, other than a person earning salary
or wage s h ~ l lfurnish to the Commissioner a return i n slich form, for such puiVd
acid within sucll date sad in suck m?nner as m?y b3 prescribed:
Provided that subject to the provisiofis c f sub- secficrs (16) and ( ! !) s1:ch pcr Fen
may make a self-assessine~lton thc basis of avzrege h if-yearly inrcmc of the previous
fina~lciaiyeav and the return filec! by hin1 shnll b: acceptcc' witbcnut cnllirg for the
aczcunts and without my inspection.
( 9 ) Every sucll return shall accom2sny with tile proof of pliymcnt of tlic full
c::wirrit of tax due according to the return anc a return with,ut such prol ~f of P'rY-
1.1:~it sizall not be deenlcd to hilvc b x n c!uly filed.
f 10) Notwithstanding anythi~q! containec! in 'he proviso to sub- seer iun (s),
the C~mmissione~ may selec. ten per CQzt of the tottl nl.nloer of aucb ncscssnlcnt ill
such manner as may be prescribed for the purpose o f detailed scrutiny reg:i!ding the
correctness of the return submitted by a erson in this connection and suc]l cases
fiad asscssrncd ordsr sh,il b: p:rssc8in accard8nce with the p r c v i ~ i oof~ tllia~
Chapter.
1
(12) Every persoti who is liable to pay tax u~idcr this section, other tlrnn a
pcrson earning salary or wage,-
(a) shall be issued with a pass book corltain~ngsuch details ~-clatin~to slicll
payitlent of tzx as may be prescribed and if the pa,s boolc is lost or
destroyed the Comniissioner n a y on an application made by thc person acconl-
psrlied by such fee as may bs fixed by thc Counci1,i~,uc to such p:rson ;I dlr~lic:ltc
t f i t p a s book.
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(i) quote Such number in all his returlls to, or cdl.resp3nde11ce with, the
COWI iss~otler;
(ii) quote such nur.lbcr in all c!lel:rns for the P ~ ~ I I I Cof'
I Zany
~ sirm due
UIV~PI. this Chapter.
( 1 3) The r ~ i eof tax sp-ci!ied rnder sub-sec:ion (3) sll:!lI be rcvisctl by tile
Councii o:lce in evcry five years and such revision of ta: slloll bz in:reased not loss
than twznty-five pzr ccfit an(! not more than thirty-five per C!:II~ o f t h e lax Icvicd
immedia~!ely bcfure the d d e of revision.
169-C. Eitzploy:r's Ei~bilityto de(1itct ntiJ pay tax or1 b2t1:llf oj the cnzl~1oyees.-
The tax payable by any p m o n earning a salary or wage shall be deducted by llis
employer from the salary payable to sucl~person, before such salary or wage is paid
t o him in such manner as may be prescribed and such employ-r sllall irrespective
of whether such seduction has bcen made or not when the salary or wage is ~ n i d
t o such pPrs,jn, be liable to pay tzx on behalf of such person : i
I
8
Provided that if the employer is an officer of the State or C ntral Government,
the Government may. notwithstanding anything contained in this Chapter, pres-
cribe the manner in which si~chemployer shall discharge the sai liability,
169-D.Filir~go j rcJtur,ls by ~rn~t~lo~,~r.-.(l)
4
Evcry employer liable to pay tax
under tllisClla~tersh;tll file a return to the Commissioner, in uch fbrm for such
period and by srlch date as may be prescribed, showing therein t e salaries paid by
him to the enlployees and the alnwnt of tax deducted by him in respect of such
emplcyres.
(2) Evcry such return shall accompany with the proof of pxyment of the full
amount oftaxdue according to the return and a retul n witllovt such proof of poyrncnt
shall not be deemed to h ~ v ebeen duly filed.
169-E,Assc.ssmrnt o/ the crrq>Ioycr.--(I)The Con~alissioncr,if satisfied illat any
rcturn filed by any employer under sub-sectiol~(1) of scclion IG9-D is correct
a d conlplete, shall accept thc rcturn.
(2) Where an enlployer has failed to file any return under sub--section (I) of
section 169-D within the time or if the return filcd by him aDpears to the Comm~s-
sioner to be inccrrect or incomplete, the Comrrissioner sllall, after making such
enquiry as he considers necesspry, determine the tax due and assess the enlployes
'to the best of his judgement and issue a nctice ofdemlnd for the tan so assessed :
Provided that before assessing the tax due, the Commissioner shall give the
employer a reaso~lableopportunity of being heard.
169-E Pcmllty nlid irzter~pst.--.(I)In addition tc the tax assessed under suF-
section (1 1) of section 169-Bor sub-section(2) cf section 169-E. ~nthe case of subinls-
%ionof incorrect or incotnplele retutn, the Commissioner shall direct the person or
employer to pay by way ot' ~ e n ~ loft yone hundred per cent of the ddtfference of the
tax assessed and the tar pzid as per return :
"
Provided that no pen;,lty under this sub- section shall be imyosed after the
period of tl~reeyears from the date of the crder of the assessment undel t h ~ Chapter
s
and unless the person affected has had a reasonable oppartunity of showing c a m
against sur11 impositicn.
(2) On any amount rclnaini1.g unpaid after the dates specified for its p a y ~ l ~ e l ~ t
the person or emplcyer shzll pay i n addition to the amount due, interest at Such
rate not exceeding one per cent pel nxensem of such amount for tile entire period of
default, as may be prescribed. ,
169-G.Appza1.-.(I) Any Nrson or employer aggrieved by any order or decision
of the Cornmtssioner in relation to the payn~cntof tax (including penally, fee and
interest) may, withip such time as may bc prescribed, appeal to tile Taxation Appeals
Tri by ad.
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(a) t
h meinbers
~ of tjlc Armed Forces of th,; Union scrbirg :n ,I 1 ) ;k!*: , f
P
'.-:
L c 11[i.
this Stattc, to wlzom the provisions of the Ar~nyAct, 1950, the Air F I c~ l?Lt i i i ( l XLI: of I:/:\.
or t t ~Navy Act, 1957 appli~5;
I (b) the members of t!le Central Reserve Police Fcrcc to whom (1.1: ('r;lt::~l Ccnlrdl A.1
Reserve Poljc<: Force Act, 1949 applies and serving i n any p:l:t cf t \ i : $ ~ L 194'~
! ~ ~
State ;
(c) physically disabled persons wit11 total disability in cne or bcth thc hands
or legs, spastics, totally dumb or dcaf persons or totally blind pelscn5 :
Provided that such p!lysical disability shall he duly certified by a Registered
Medical Practitioner in the scrvicc of the Gcvern~x n t nct belcw the rnrlh c f a Cikll
Surgeon.
169-1. R?pcnIand Sri~i~lgs.-<(I) The Tamil Ncdu Tax c 11 Pr~fca.ion.,, 'fl z i e ~ , Tdr~ilNa;i'~AS
Callings and Ernploynients Act, 1992 ( h ~witcr l In tliis s c ~I'L n rcfcz I ecl 24 c ? i 1992.
to as the 1993 Act), in its ap2lication to the Cify, is hcrcby rt.pt.nl..ti.
(2) The repeal of the 1992 Act t~ndersu:-scc?itin ( I ) sllall 11ct rllcct.-
(i) the p. 4ous cpcration of t!~esaid Act or anything d:.n- cr i ~ . l * ;
suffert .: Lhereunder; or
(ii) any right, piivihges, obligations cl Iizb!ltti s acq::iicc i i c ~ r u c d ;:
incurred under the said Act; or
(iij) any penalty, forfeiLirre or punjslu..ent incl:rrcd in rc\pcct cf ail)
offence committed.
(3) Notwithstanding the repeal of the 1992 , k t , t11c rates cf tax OII pi^ fec:icn~,
trades, callings and cnl~iloyments specj5cd in h e Schcdulc to the said Act s!~all
continue to apply for the period commencingon the 1st day cf Apil1992 and ending
with the 30th day of September 1998 for the levy and collzcticn cf such tax for t 1s
said p r i o d whcre the tax duc under that Act has not k e n paid fcr the said l~erird.
(1) Thu provisions of this Chapter, cthei thnn the rates cf tax specified i n
sub-section (2) of section 169-B and the pprovisicns relating to penalty and interest,
slull mutatis mutandis apply to thz levy and ccllection of tax for the per i:;d
mentioned in sub-section (3).
( 5 ) The arrears of tau under the 1992 Act shall be paid in 5i.u equal haif-
JM~V inrtallnnnts in S U L ~manner and v:ithjn s'ich pcsicd as jliay L3 picscrifxd.'',
--
- . . ---
- -
.--c.-
-
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I Part IV-Section
Tamil Nadu Acts and Ordinances.
2
I
3
The following Act of the Tamil Nadu Legislative Assembly receiked tlie assent of the
President on the 5th September 2000 and is hereby published for general information:-
I
I
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-first Year
of the Republic of India as follows:-
I
PART-I
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 2000. Short title and
commencement.
I appoint.
(2) It shall come into force on such date as the State Government may, by notification,
I
( a ) (i) here any hoarding (other than traffic sign and road sign) visible to the
traffic on the ro7d is hazardous and disturbance to the safe traffic movement, so as to
adversely affect free and safe flow of traffic and which is in existence immediately before
the date of the commencement of the Tam11 Nadu Municipal Laws (Amendment) Act,
2000 (herealier 111 t h ~ sectlor1
s referred to as the amendment Act), the Commissioner shall,
by notice in writlng, require the licensee or any person in possession, of such hoarding,
to remove such hoarding within such time as may be specified in the notice:
Procided that such time shall not exceed fifteen days from the date of issue of such
notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the Commissioner shall, without hrther notice, remove such
hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbanct
to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not
grant any lic.:nce under section 326-C and no such hoarding shall be erected, on and from the
date of the commencement of the amendment Act by any person;
(a) (i) where any hoarding (other than traffic sign and road sign) visible to the trafic
on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect
free and safe flow of trafic and which is in existence immediately before the date of the
commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this
section referred to as the amendment Act), the executive authority shall, by notice in writing,
require the I'censee or any person in possession, of such hoarding, to remove such hoarding
within such time as may be specified in the notice:
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93
' I
Provided that such time shall not exceed fifteen days from the date of'issuc: of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the executive authority shall, without further notice, remove such
hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the executive authority is satisfied that the ereqtion of any hoarding
(other than traffic sign and road sign) visible to the traffic on the road i!, hazardous aqd
I
disturbance to the safe traffic movement so as to adversely affect free a d safe flow of tra'ific,
he shall not grant any licence under section 285-C and no such hoardin shall be erected, on
and from the date of the commencement of the amendment Act by an person;
PART-IV
4. After section 4 10-1 of the Madurai City Municipal Corporation Act, 1971, the following Insertion ofnew
Act 15 of section shall be inserted, namely:- section 410-J.
I
@
Provided that such time shall not exceed fifteen days fiom the date of issue of such notice;
I
(ii) where the hoarding referred to in sub-clause (i) is not removed within the time
specified in the notice, the Commissioner shall, without W e r notice, remove such hoarding i
a d recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance
1
to the safe trafic movement so as to adversely affect fiee and safe flow of traffic, he s b l l not
grant any licence under section 4 10-C and no such hoarding shall be erected, on and fiom the
date of the commencement of the amendment Act by any person;
8:
.i,4
1
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-
TAMIL ~ J A C I UGOVERNMENT GAZETTE EXTRAORDINARY
PART - V
(a) (I)where any hoarding (other than traffic sign and road sign) visible to the traffic
on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect
free and safe fl'ow of traffic and which is in existence immediately before the date of the
commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this
section referred to as the amendment Act), the Commissioner shall, by notice in writing, require
the E icensee or any person in possession, of such hoarding, to remove such hoarding within
such time as may be specified in the notice:
Provided that such time shall not exceed fifteen days from the date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the Commissioner shall, without further notice, remove such
hoafding and recover the expendture for such removal as an arrear of land revenue;
. .
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance
to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not
grant any licence under section 4 10-C and no such hoarding shall be erected, on and from the
date of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be
confiscated and removed by the Commissioner without any notice.".
PART VI -
AMENDMENT TO THE TAMIL NADU URBAN LOCAL BODIES ACT,
1998.
Insertion of 6 . After section 131 ofthe Tamil Nadu Urban Local Bodies Act, 1998, the following section Tam11Nadu
new section shall be inserted, namely:- Act 9 of 1999
131-A.
"131-A. Prohibition of erection of certain hoardings.-Notwithstanding anything
contained in this Act or in any other law for the time being in force, or in any judgment, decree
or order of any court, tribunal or other authority,-
( a ) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic
on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect
free and safe flow of traffic and whlch IS in existence immediately before the date of the
commencement of the 'I'amil Nadu Munlclpal Laws (Amendment) Act, 2000 (hereafter In this
section referred to as the amendment Act), the Commissioner shall, by notice in writing, require
theilicensee or any person in possesslon, of such hoarding, to remove such hoarding within such
time as may be specified in the notice:
frovided that such time shall not exceed fifteen days from the date of issue of such notice;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the Commissioner shall, without further notice, remove such
hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traff~con the road is hazardous and disturbance
to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not
grant any licence under section E31 and no such hfelifigshall be erected, on and from the date
of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be
confiscated and removed by the Commissioner without any notice.
Explanation.-For the purpose of this section, "hoarding" shall have the same meaning as
in the Explanation under iub-section (9) of section 131.".
i ,
K. PARTHASARATHY, I
Secretary to Government,
Law Department. I
i
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND FRINTING, CHENNAI
ON BEHALF O F THE GOVERNMENT O F TAMIL NADIJ
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
The following 4:r o f the Tamil Nadu Legislative Assembly received the assent of the
. I ~ 1 ;111dis llcrcby published for gcncral information:-
Prcsidcnl on ~ l l c14rll A u g t ~ s200
BE it c n a c ~ e dby h e Legislative Assembly of thc State o f Tamil Nadu in the Fifty-first Year
!
of thc Rcpublic of I ~ i d i iill S ~al10ws:-
PART-I.
PRELIMINARY.
1. ( 1 ) l'liis Act may bc c a l l e d the 'I'an~ilNadu Municipal Laws (Second Amendment) Short l i ~ l cand
Act, 2000. commence-
mcnt.
(2) 11 shall come into force on such date as the Srare Government may, by
~iolificalion,appoinl.
l3AR'I.+[[.
(6) Every election petit ion shall be tried as expeditiously as possible and cndeavour
shall be made to conclude the trial within six tnonlhs from the date on which 111ce l e c ~ i o npct it ion
is presenlcd to thr: Principal Judgc. City Civil Court, Chennai for trial.".
-
lnscr\io.~,*.' 3. ,'.:'.2r secrion 59 of the 19 19 Act. the follorving seclion sllall be inscr~cd.namely:--
new section
59-A. "59-A. Yoling tnachir~errl elections.-Notwithstanding any thing contained in this act
or the rules made thercundcr, ~ h giving
c and recording ol'voles,by voting machit~esmay bc
adopted in such ward o r wal-ds of r!le Corporalion as the State Elxrion Conimission may,
having regard 10 [he circurnstanc:~ o f earh casc, specify.
added, namely:-
" ( 5 ) Thc trial o f an election petition shall, so far as is prar ticable consistently with the
inte.rest of justice in respect o f the [rial. be conrinucd from day lo day unliI ils conclusion,
unless the District Judge Finds the adjournment of thc trial beyond t l ~ efollowing day to be
necessary for reasons to be recorded.
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7. Arrcr section 66 o i the 197 1 Act. [he following section stiall be ,,~serted, namely:- Insenion of
new scction
"66-A. o~achitleat c1eclions.-Notwithstanding anything contained in this act
L'orillg
or tlic rules made [hereunder, [he giving and recording of votes by voting machines may be
adopted in such ward or wards o f the Corporation as thc Statc E l e c t i o ~Comrnission
~ may,
having. regard to the circumstal~ceso f each casc, specify.
PART-V.
8. 111scction 152-A o f the Coinlbalorc Cily Municipal Corporation Act, 1 98 1 (hereafier Amcndmenl
or scction
in Lbis Parr rcfcrred to as the I 9 5 1 11c11.after sub-scclion (4). the follorving sub-sections shall. 62-~.
bc added. nnmcly::
" ( 5 ) Thc !rial o f an election prritiori shall, so far as is practicable consistently w i t h the
in~cresto r justice in rcspect o f thc trial, be contiuued fro111 day to day until its conclusion,
unless !lit Dislricl Judge finds llie ndjournmcnl o f thc [rial beyond the follo\ving day to be
nccessary Tor rcasons Lo bc recorded.
9 . Al'rcr scction GP o f the 1981 Acr, the follow in^ section shal! be inserted, namely:- new scction
1f13cr'i0n Of
68-A.
"any amendment, transposilion or deletion o f any entry in the electoral rolI o f the
Tamil Nadu Legislative Assembly made after thc last date for mhking nominations for
election in ally municipali~y.".
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M. BAULIAH,
Secreiary to Go~,ernmeri~,
Lnrr. Depa -fmcnr.
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The following Act of the Tamil Nadu Legislative Assembly received the assent
of thc Governor on (he 25th September 2001 and is hereby published for general
informalio~l:-
Act filr-rher ro nrnetd the Lnws relating to the Municipal Corporations and
M1inlcipolilies J-IJ the Srale ofTanril Nadu.
PART-I
(2) IL shall come into force on such date as the Slate Govenunent may, by
notification, appoint.
TO THE CHEWA!CITYMUNIC~PAL
AMENDMENTS CURW R A T ~ O NACT,191 9.
Act - Amendment of
19. 2 In section 52 of the Chennai City MunicipaI Corporation Act, 19 I9 (hereinafter section 52.
referred to as the 1919 Act),-
( I ) in sub-section (I), for the expression "while undxgoing the sentence and for
five years from the date of the expiration of the sentence". h e expression "while the
sentence is in force and for Y ia years fiom thc date of the expiralion of the sentence" shall
be substituted;
(2) in sub-section (1-A), for the expression "five years", the expression
"six years" shall be substjtuicd;
(3) a Fer sub-section (4), the following sub-section shall be added, nameIy:-
" ( 5 ) I f the Tamil Nadu State Election Commission is satisfied that a person,-
(a] has failed to lodge an account ofelection expenses within the time and in
thc manner required by or under this Act, and
( h ) has no good reason or justification for the failure,
the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu
Gnzefie, declare him to be disqclaliiied for being elected as, and for being, a
Cover-,rrrte~l~
councillor and any such person shall be disqualified for a period ~f lhrcc years from the
date of the order.".
Arnendwnl or
3. I n scciiun 54-A o f thc 1919 Act, in s ~ b - s e c t i o n(1). for the expression scction 5 4 4 .
"fifteen days", thc expression "forty-five days" shaIl be substituted.
- the Tamil Nadu State Elcctian Commission shall, by order published in the Tnnril Nuiirr
Government Gazerte, declare him to be disqualified for being elected as, and for being. a
Chairmanor a councilior, as the case may be, and any such person shall be disqualified for
a period o f three years from ihe date of the order.".
Amcndmcnt o f 5. In section 51-A of the 1920 Act, in sub-section (11, for h e expression "fifteen
section 51 -A.
days", the expression "fort:{-five days" shall be substit~~ted.
PART-IV
Amwdment of 6 In section 56 of the Madurai City Municipal Corporation Act, I97 1 (hcreimftcr -rarnil Nadu AI
scction 56. referred to as !he 197 1 Act),- 15 o r 1971.
(1) in sub-section (I j, for the expression "while undergoing the sentence and for
five years from the date of the expiration of the sentence", the expression "while [he
sentence is in force and ,brsix years from the dare 01 rhz exp:ratiol~of thc sentence" shall
be substituted;
(2) in sub-scc~~on (I-A), for the expression "five ycars" , tht exprccsicln
"six years" shall be substituted;
(3) after sub-section (41, thc following sub-section shall b~ added, namely:-
the Tdmil Nadu State Electiou Commission shali, by order published in the Tanli/hrndu
Govemmens Gnzerte, declare him to be disqualified for being elected as, and for being, a
councillorand any such pcrsou shall be disqualified for a period of three years from thc
date of the order.".
Amendment or 7. In section 60-A ofthe 1971 Act, in. sub-section ( I ) , for rhe expression .'liCtccn
section $0-A.
days", the expression "forty-five days" shall be substituted.
PART-V
CITYMUNICIPAL
AMENDMENTSTO THE CDIMBATORE C O R P O H , ~ACT,
~ION 198 1
Amendrncnt or & I n section 58 of the Coimbatore City MunicipaI Corporation Azl, 1981 .rarnil ~ a d ub
section 58. (hereinafter '--cd to as thc 198 1 Act),- 25 uf 1981
(1) in sub-scction (I), for the expression "while undergoing the s e ~ ~ t e n and
c e for
five years froin thc Jatc of the expiration of the sentence", the expression "whill: tirc
sentence is in force and for six years from the date of the cxpiration of thc sentence" shall
be substituted;
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( 2 ) in sub-suction (2), for the expression "five years", the expression "six years"
sltall bc subslilu~cd;
"(6)If the Tamil Nadu State Election Commission is satisfied that a person,-
(a) has failed to Iodge an account of election expenses within the time and
in the manncr required by or under this Act, and
the Tamil Nadu Slate Election Commission shall, by order published in the Tarnil Nadu
Govcrtrn~e~rt Gazetre, declare him to be disqualified for being elected as, and for being, a
counci1Ior and any such person shall be disqualified for a period of three years fiU..l the
date of the order.".
9. In section 62-A of the 1981 Act, in sub-section (I), for the expression "fifleen Arncndrntn! of
days", the expression "forty-five days" shall be substituted. section 62-A.
PART VI -
MISCELLANEOCS.
10. In the 19 19 Act, the 1920 Act, the 197 1 Act and the 198 :Act, for the expressions Substitution or
"Srate Election Commission" and "StateElection Cornmissioner" wherever they occur, the the cxprcs-
expressions "Tamil Nadu Stale Election Commission'' and "Tamil Nadu Srate Election
Commissioner" shall, respectively, be substituted.
i::Elcction2 ~ ~ '
Commirrion"
and "Tamil
Nadu 'S!n!t
Elccrinn
omm missioner"
for thc
exprcssions
"S:atc Election
Commission"
and "S1otc
Elcction
Cornmissioncr".
M.BAULIAH, -.
Secretary to Government,
Law Department.
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1. (1) This Act may be called the Tamil Nadu District Municipalities (Amendment) Act, Short title
2002. and
commence
ment .
(2) It shall be deemed to have come into force on the 25th day of October 2001.
2. After section 3-G of the Tamil Nadu District Municipalities Act, 1920 (hereinafter I ~nsertionof
referred to as the principal Act), the following section shall be inserted, namely:- new
section 3-
GG.
"3-GG. Appointment of special oflcer in certain circumstances.-( 1) Not withstanding
anyrhing contained in this Act, or in any other law for the time being in force, in respect of
Sholinghur town panchayat, which cannot be constituted on the 25th day of October 2001 even
after resorting to election process, the Government may, by notification, appoint special offrcer
to exercise the powers and discharge the functions of the said town panchayat, until the day on
which the first meeting of the said town panchayat is held after election to the said town
panchayat.
(2) The special officer appointed under sub-section (1) shall hold office only for six
months from the date of his appointment or for such shorter period as the Government may, by
notification, specify in this behalf."
Tamil Nadu 3. (1) The Tamil Nadu District Municipalities (Amendment) Ordinance, 2001 is hereby Repeal and
Ordinance repealed. saving.
6of 2001.
(2) Notwithstanding such repeal, anything done or any action taken under the principal
Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the .
I
principal Act, as amended by this Act.
A. KRISHNANKUTTY NAIR, .
Secretary to Government,
Law Department.
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- --- -- ---_ ___
TRAORDINARY 139
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 4th June 2002 and is hereby published for general information:-
ACT No. 29 O F 2002.
A n Act .fill-ther to urnend tlie Larvs relating to Mtrnicipal Corporations arrd
Mlrnicipalities in the Stare of Tamil Nftdu.
BE it enacted by the Legislative Assembly o f the State of Tamil Nadu in the
Fifty-third Year of the Republic of India as follows:--
,
PART-I.
PRELIMINARY.
1. This Act may be called the Tamil Nadu Municipal Laws (Amendment) Shorttitle.
PART-11.
AMENDMENT TO THE CHENNAI crm MUNICIPAL CGRPORATION ACT, 1919.
2. In the Chennai City Municipal Corporation Act, 1919 (hereinafter referred to Insertion ofnew
0f1919 as the 1919 Act), after section 52, the following section shall be inserted, namely:- section 52-A.
A, KRISHNANKUTTY NAIR,
Secretary ro Government,
L ~ HDcprrra~ait.
J
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> .
. -----
The following Act c f the Tamil Nadu Legislative Asse~nblyreceived the assent of
the Governor on the 1st June 2002 and iS hereby published for general information:-
ACT No. 31 OF 2002.
An Act jirrther to amend the Lanrs relating to tlte Municipcil Corporations and
Municipalities in the State of Tiin~ilNadu.
B E it enacted by the Legislative Assenibly of the State of Tamil Nadu in the
Fifty-third Year of the Republic of India as follows:---
PART-I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Second Short title and
Amendment) Act, 2002. commencement.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
PART-I1
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CGRI'ORATION ACT, 1919.
2. In the Chennai City Municipal Corporation Act, 1919 (hereafter in this Part Insertionofnew
'91 section 25-8.
referred to as the 1919 Act), after section 25-A, the followitig section shall be
inserted, namely:-
"25-B. Mayor, Deputy Mayor-or councillor to obtczin per.mission to untlertake
trip to foreign country.-No person holding the office of Mayor, Deputy Mayor or
councillor shall undertake any trip to any foreign country in his officib; capacity as
such, except with the permission in writing of the State Government.". .
3. After section 358 of the 1919 Act, the following section shall be inserted, lnsenionofnew
section 358-A.
PART 111.
AMENDMENTS TO THE MADIJRAI CITY MUNICIPAL CORPORATION A n , 1971.
4. In the Madurai City Mdnicipd Corporation Act, 1971 (hereafter in this Part Insertio~,ofnew
"" referred to as the 1971 Act), after section 25, the following section shall be inserted, SCCti"q25-A
~~lllllsll,~,l
\\ 1111 I I I I C \\ I\ICI\ lll,l\ ',\\L ,It1 10 O I I C l l l ~ ~ l l \ ~ ~
~ lI lI~~l ~ ~ c s . ' ' .
5
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PART IV.
AMENDMENTS TO THE C'OIMBA~I-ORE
CITY MI!NICIPAI.
CORPORATION ACT, 1981.
01- new
IS
IIIJ
Inserticrn of new
25-A.
6. In the Coimbatoi-e City Municipal Corporation Act. 1981 (hereafter ~n this
Part referred to as the 1981 Act). after section 2 5 , the following section shall b:
inserted, namely:-
1r
"25-A. M(rj.or. Dcpirt) Mayor c~rcourlcillor to o h t ~ i ipel-lnis~io~r
~ to ~tri(lert~ke
trip to foreigrr courttry.-- No person holding the office of Mayor, Deputy Mayor or ,
councillor shall undertake any trip to any foreign country in his official capacity as
such, except with the permission in writting of the Government.".
I
Insertion of new 7. In the 1981 Act, after bci,;a., -:1?,the follcwing section shall be inserted,
section 442-A.
namely:-
"442-A. i3ennlt~~
for.failrrre to obtain pt~rrrtiss.ionof Govern~nent.for.fo~-eig~~
trip.--
Whoever undzrtakes a trip to any foreign country in violation of section 25-A shall
be punished with fine which may extend to one thousand rupees.".
PART V. .
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
'*-''.
~nsertionof new 8. In the Tamil Nadu District Municipalities Act, 1920 (hereafter in this Part
referred to as the 1920 Act), after section 12-B, the following section shall be
Tal
inserted, namely:-
"12-BB. Chnirncrn. vice-chnirntan or councillor to ohtciin permission to
undertake trip to foreign country.-- No person holding the office of chairman,
vice-chairman or councillor shall undertake any trip to any foreign country in his
official capacity as such, except with the permission in writing of the State
Government.".
Insertion of new 9. After section 314 of the 1920 Act, the following section shall be inserted,
section 3 1 4 4 . namely:-
A. KRISHNANKIITI'Y NAIR,
to G O I . P I - I ~ I ~ I L J I ~ ~ ,
Set ~'etni:~'
L ~ IDc~p(~i*trnoi/t.
?
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TAMIL. N A D U G O V E R N M E N T GAZETTE E X T R A O R D I N A R Y 91
-- -,
6
fhe follon.i~~g
Act of the I'am~lNadi~1.rgislative Assembly received the assent ofthe
( l o t crnor on the 17th May 2003 a~itl1s hereby published for general tnformat~on:- -
ACWI'No. 10 O F 2003.
HI it enacted by the Legislative Assen~blyof the State of Tamil Nadu in the Fifty-fourth
year of the Republic of India as follows: -
PART-I'
PRELIMlNARY
1. ( I )This Act may be ca!led the Tamil Nadu Municipal Laws (Amendment)Act. 2003. Short title and
commence-
(2) It shaH come Into force on such date as the State Government may, by ment.
notification, appoint.
.'
PART-TI *
4 5
I * t- .' I ..'jd
(2) after sub-section (4), the f~llowingsub-section shall be added, namely:-
. . :1(5) The fee padsunder sub;section (1) shall be credited to the State
Government account in such manner as may be prescribed.". a ,,, ,
d,
;4., ;After.ser?&ion326-C of the principal Act, the following section shall be inserted, Insertion of
namely:- - new section
326-CC.
., ., . "3F6;CC. Tnxonadvertisement~onhoardings.-- ( 1) Notwithstanding anything contained
in this Act, every person, who is granted licence under section 326-C shall pay4 onwei'y
advertisement on hoardings, a tax calculated at such rates as may be prescribed, having
, , , .*'/
tigard to the tiication, siie, feach and nahre bfthe advertisement but subject fa the maxima
and minima spec~fiedin the Table below.-
THE 'TABLE
Loc(rtiol1 trrrri Natlll-r
(1I (2)
2. Ilo:~rtlingsin'lnain road \\-it11 bus routc--
((1) \vitl~oi~t
ligliting
( h ) n it11 ordinary lighting
((.) \\:it11 neon or mercury lighting
r
shall be substih~ted;
(2) in sub-section (3), for the expression "Standing Committee", the expression
"State Government" shall be substituted.
Amendment 9. In section 326-5 of the principal Act, for the expression "Comnmissioner". in four
of Section places where it occurs, the expression "District Collector" shall be substituted.
326-J.
PART-111
AMENDMENTS '1'0
THE TAMII, NADIJ DISTRICT MUNICIPALI'TIES ACT, 1020.
Anlendnlcnt of 10. In section 285-B oftlw 'I'amiI Nadu Disiricl Municipalities Act, 1920 (hereafter in 'I.aniii ad
section 285-0. tixis Part re,^erred to as the principal Act), in sub-section ( I ), for the expression "executive 19
authority". the expression "District Collector" sliall be substituted.
Anrmdnunt of 11. In sectiotl 285-C' of the principal Act,--
section 285-C.
( 1 ) Ihr [lie expression "executive authority", in three places where it occurs. tht:
expression."I)istrict Collector" shall be substituted.
(2) after suh-section (4),the following sub-section shall be added, namely:
" ( 5 ) 'The fee paid under sub-section ( I ) shall be credited to the State
Goverllnieni account i l l such manner as may be prescribed.".
Insertion of 12. A tier section 285-(' of the principal Act. the following section shall be inserted.
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having regard.to the location, rife, reach and na,ture of the advertisement but subject ib
& .I-- .!!. -_
---- I _ri.l_. .&
LIICnlaxlrna anu rnlntma speclr~ea
:, m
in me r t
laole r!
oelow:-
rr
1 . 1.1
:I . ; ' I '.: . J , ! , ' )I ' ' 1.1 i < ~ > i r ~ b n . dr~ A '; "F
r'
I '
., , Location
.; , and- Natrrre. I square tax per
Rates oftnetre per .Itrr.;r+~A , '
hnif ypar: Z
:,.,
k (Rupees).
&?
@ 1 ) * ) t
(1) , (2) ,, 1 ,, l....
P
Minimum Maximum
Municipalities
1. Hoardings in arterial road w ~ t hbus route-
r
I ( a ) without lightlng
( h ) with ordinary lighting
75 300
R
(5) with neon or mercury lighting
2. Hoardings in main road with bus route-
( a ) without lighting
Town Panchayats
1. Howdings in arterial road with bus route-
( a ) without lighting (X) 180
(h) with ordinary lighting 80 360
(c) with neon or mercury lighting !XI 450
2. Hoardings in main road with bus routc-
(a) without lighting 40 120
(b) with ordinary li~htlng 0 240
( c ) with neon or mercury lighting 70 300
(2) S e ~ e n t y - he\ pet cent of the tax p a ~ dby e\ el y person. under sub-sectton ( I )
I
shall be credt ed to the State (;overnnient accoilnt anqi the balance of taenty-five per cent
shall be crrdi ed to the cotice~netlMuntcipality or 'To\$n Panchayat account wtthin \those
jurisdiciion such tax has becti collected in such manner as may be prescribed.".
Amendment of 13. In se2tion 285-I) of the prtncipal Act, for the expression "executive authority". in
section
two places w)lere it occurs, the expressioll "District Collector" shall be substituted.
285-1).
Amendment of 14. Insection 285-Eofthe principal Act. for the expression " executive authority", the
section expression "District Collector" shall be substituted.
285-E.
Amendment of 15. In section 285-F of the principal Act, for the expression, "executive authority", in
section t w ~ p l a c e where
s it occtirs, the expression "District Collector" shall be substituted.
285-f:
Amendment of 16. In section 285-H of the principal Act,- . .. . > ..
scction
285-CI. ( I ) in sub-section ( I ).--
(a) for the expression "Taxation Appeals Committee", the expression "State
Government" shall be substituted; I
..
PART-IV
150
i
/
Maxmutn
400 I
( 6 )with ordinary lighting
( c ) with neon or mercury lighting IoO
300 1 600
700 Il
11
t,
1
?
2. Hoardings in main road with bus route-
I
(a) tvitho~tligliting
( b )with ordinary lighting
100 300
I
( c ) with neon or mercury lighting
L 3. Hoardings in other road or street--
I
(rr) without lighting
k
p1 ( b )with ordinary lighting
( c ) with neon or mercury lighting
(2) Seventy-five per cent of the tax paid by every person, under sub-sectlon ( 1 ) shall
be credited to the Government account and the balance of twenty-five per cent shall be
credited to the Corporation account in such maniler as may be prescribed.".
21. I11 section410-D of the principal Act, for the expresslon "Comm~ssioner",in two Amcndnient ol
scctivn
places where it occurs, the expression "District Collector" shall be substituted.
410-D
22. In section 410-E of the princlpal Act, for the expresslon "Con~m~ssioi~er",
the. ~ m c n d m e n tof
scc t loll
expression "District Collector" shall be subst~tuted. 4 I 0-E
23. In section 410-F of the pr~ncipalAct, for the expression "Conuntssioner", in tw6 Amendment of
section
places where it occurs, the expression "District Collector" shall be substituted. 410-1:
I
( h ) for the expresston "Commissioner".-tlu: exptesslon "l)~strtctZollector"
i. shall be substituted;
G
i
m i -. a , U a m*-;me
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~ - ~ x r a r r - m - - - - - - -- --
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PART-V
AMENDMENTS TO 1I IE COIMBA*l'ORE CITY MUNIC'IPAL.
COUPORATION AC r. 198 1.
Amcndmcnt of 26. In section4 10-R ofthe Coimbatore City Mun~ctpalCorporatlotl Act. 108 1 (hereafter !,,,,I N~,J,,
scct1011 in this Part referred to as the prtnc~palAct). tn sub-sectton ( I ). for the expresston 2 5 01 1081
410-t3 "Commiss~oner", the expression "District ('ollector" shall be substituted.
Amendment of 27. In section 4 10-C of the prlncrpal Act,-
sectlon
410-c (1) for the expresston "C'omm~ssioner". ~n three places where t t occurs, the
expression District Collector" shall be substituted;
(2) after sub-sectton (4), the followtng sub-sectton shall be added, namely:
" ( 5 ) The fee paid under sub-section ( 1 ) shall be credlted to the Gove~nmet~t
account In such manner as may be prescnbed.".
I ~ S L11011
I ot 28 Aftet scct~on4 10-C of the pr tuctpcll Act. the foIlo\v~~ip
sectloti shall he tnse~tcd.
new SeCtlOll nanely:--
41 0-CC
"4 1 0-CC. Tor on advel.twrnirnt on horrrtlllly~-(I) Notw~thstanding anything
contained in this Act, every person, who is granted licence under section 4 10-C shall pay,
on every advertisement on hoardings, a tax calculated at such rates as may be prescnbed,
having regard to the location, slze, reach and nature of the advertisement but subject to
the maxima and mtnlma specified in the Table below.-
THE TABLE
Locntron anti Nnt~~r-e Rates of lax per square
metre per halfyear.
(Rupees)
(1 (2)
Minimum Maximum
1. Hoardings in artertal road with bus ioute-
( ( I ) without ltghttng
( b )with ordlnary l~ghtlng
( c )w ~ t hneon or mercury lighttng
2. Hoardings in main road with bus route--
( a )without llghtlng
( b )with 01-dtnary lighting
( c )wtth neon or mercury lighttng
3. Hoarding:; ~nother road or street- --
((I) n ~ t h o t lighting
~t
( h ) wtth ordlnary Iight~ng
- -- -- - - _ -__
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P r,w
<'U
U r, l b I t"
J I o- I)
,, Corporation Act, 1994, Tirunelvell City Municipal Corporation Act, 1994 and Salem City
Municipal Corporation Act, 1994, shall be deemed to have been granted by the District :dtzymen
appllcations
Act
81. Collector under the relevant Act; as amended by this Act.
(2) All Applications for licence to erect hoardings, pending before the Commissioner
or the executive authority, as the case may be, on the date of commencemelit of this Act,
shall stand transferred to the District Collector concerned.
(3) The District Collector shall dispose of the application transferred under su9-
section (2) in accordance with the provisions of the relevant Acts.
(4) No tax on advertlsen~enton hoard~ngsshall be levled 111 respect of any perlr~d
for which such tax has already been patd under the relevant Acts befort. the date of
commencement of this Act.
I
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9 .. The following Act of the Tamil Nadu Legislative Assenibly received the assent of the .
Governor o n the 14th November 2003 and is hereby published for general information:-
PART-I
PRELIMINARY
1. ( I ) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment) Short title and
Act, 2003. commence-
ment.
(2) It shall be deemed to have come into force on the 19th July 2003.
Exp1anatiorr.-Where a building is owned or occtipied by more than one person, every such
person shall be liable under this sub-section.
' b)where the rain ~ i t e r h a r v e s t i nstructure
~ is not provided as required under sub-section
(2), the 'Cominiisiondr'or arly pe$on authorised by him in this behalf may, aAer giving notice to
the owner or occupier of the building, cause rain water harvesting structure to be provided in s9cIi.
building and tkcjovff&e'cost.of such provision along with the incidental expense thereof in theh
f*
1. same manner as pro$rty tax. ' ,
(4J Notwith tandieg any action taken under, sub-section (3), where the owner or occupier
I
of the buildirip: Bils o provide the'rain water harvesting structure in the bBilding before the date
as may'be prescribed, the water supply connection provided to such building shall be disconnecteid
till rain water harvesting strycture is brovided.".
c , .
PART-I II
E
i
I
DTP--IV-2 Ex 1320) la
I
' . I
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i
(3) Where the rain water harvesting struchre is not provided as required under
sub-section (2), the Executive Authority or any person authorised by him in this behalf may,
after giving notice to the owner or occhpier of the building, cause rain water harvesting
I
structure to be provided in such building and recover the cost of such provision along with
I t h e incidental expense thereof in the same manner as property tax.
1
, (4) Notwithsanding any action taken under sub-section (3), where the owner or
!
octhpier of the building fails to provide the rain water harvesting structure in the building
I
before the date hs may be prescribed, the water supply connection provided to such
~'
I building shall be disconnected till rain water harvesting structure is provided.".
i!
PART-IV
' ,
o r occupier crf the: building fails to provide the rain water harvesting structure in the
building before the datc as may be prescribed, the water supply connection provided
PA RT-V
ACT, 1981.
i
Insertion of 5 . Aftel. section 295 of the Coimbatore City Municipal Corporation Act, 1981, Tamil Nab
ne'4' scctio" the followini; section shall be inserted, namely:--
295-A.
"295-A Provision f!f'h'rrirlbV(~tcr.har-vesti~rgStrucft1r.r.---(1)I n every building
.
owned or oc:cupued by the Government or a statutory body or a comparly or an
institution owned or controlled by the Government, rain water harvesting structure
1
- ,p "p ' "'p""*Y-
#fn
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(3) Where the rain water harvesting structure is not provided as required under
sub-section (2), the Commissioner or 2ny person authorised by him in this behalf may, after
giving notice to the owner or occupier of the building, cause rain water harvesting structure to
be provided in such building and recover the cost of such provision along with the incidental
expense thereof in the same manner as property tax.
(4) Notwithstanding ady action taken under sub-section (3), where the owner or
occupier of the building fails to provide the rain water harvesting structure in the building
before the date as may be prescribed, the water supply connection provided to such building
shall be disconnected till rain water harvesting structure is provided.
6. (1) The Tamil Nadu Municipal Laws (Second Amendment) Ordinance, 2003 is Repeal and
4 hereby repealed. saving.
(2) Notwithstanding such repeal, anything done or any action taken under the
~ h e n n aCity
i Municipal Corporation Act, 1919, the Tam1 Nadu Distrlct Municlpalitles Act,
A. K R I S H N A N K ~ A Y N A m ,
Secrrtaiy to Government.
Low Department.
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The following Act of the Tamil Nadu Legislative Assembly received the assent of
the Governor on the 5th August 2004 and is hereby published ,or general information:-
v
commence-
men!.
(2) It shall be deemed to have come into force on the 14th day of June 2004.
2. In the Tamil Nadu District Municipalities Act, 1920 (heieinafter referred to as the Substitution of
principal Act),- expressions in
Tamil NMu
(a) for the expression "town panchayatn,wherever it occurs, the expression Act V of 1920.
"Third Grade municipality" shall be substituted;
(b) for the expression "panchayat town", wherever it occurs, the expression
"transitional area" shall be substituted;
(c) for the expression "TOWN PANCHAYATS", wherever it occurs, the
expression "THIRD GRADE MUNICIPALITIES" shall be substituted;
( d ) for the expression "town panchayats", wherever it occurs, the expression
"Third Grade municipalitiesn shall be substituted;
(e) for the expression "panchayat towns", wherever it occurs, the expression
"transitional areas" shall be substituted.
3. In section 3-8 of the principal Act,- Amendment of
section 3-8. '
(8) in sub-section (I), in clause (a), for the expression "population estimated
at not less than five thousand and an annual income of not less than one
lakh of rupeesn,the expression "population esti nated at not less than thirty
thousandn shall be substituted;
(b) in sub-section (3), for the expression "five thousandn, wherever it occurs,
the expression "thirty thousandn shall be substituted.
4. In section 4 of the principal Act, after sub-section (5), the following sub-section Amendment of
shall be added, namely:- section 4.
"(6) The State Government may, by notification, classify municipalities into Special
Grade, Selection Grade, First Grade and Second Grade, for the purpose of
effective administration of the said municipalities, in accordance with such
norms as may be prescribed.'.
I
Tamil Nadu 5. (1) The Tamil Nadu District Municipalities (Amendment) Ordinance, 2004 is Repeal and
saving.
Ordinance hereby repealed.
7 of 2004.
(2) Notwithstanding such repeal, anything done Or any action taken under the
principal Act, as amended by the said Ordinance, shall be deemed to have been done
-
or taken under the principal Act, as amended by this Act.
L. JAYASANKARAI.,
Secretary to G o v ~.-vent-in-charge,
,
Law Department.
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I
The following Act of the Tamil Nadu Legislative As~emblyreceived the assent of
the Governor on the 5th August 2004 and is hereby published for general information:-
I.(I)This Act may be called the Tamil Nadu Dlstrict Municipalities (Second Short title and
Amendment) Act, 2004. commence-
ment.
(2) It shall be deemed to have come into force on the 1st day of July 2004.
2. After section 3-M of the Tamil Nadu Dist~ict Municipalities Act, 1920 (hereinafter Insertion of
referred to as the principal Act), the following section shall be inserted, namely:- new section
3-MM.
"3-MM. Special provisions relating t o village panchayat constituted as
Third Grade municipality.-(1) Notwithstanding anything contained in this Act,-
(a) the president and members of a village panchayat, who are eIr?ted or
deemed to have been elected and holding office as such immedi,!-fv before the date
of constitution of such village panchayat as Third Grade municipality under this Act.
shall be deemed to be the chairman and members of such Third Grade municipality
elected under this Act and such chairman and members shall continue to hold office
upto such date as the State Government may, by notification, fix in this behalf or, in
case no such date is fixed, upto the date on which their term of office would expire
under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and such
chairman and members shall exercise all powers and perform all duties conferred on
the chairman and members by or under this Act.
(b) all the employees, other than the provincialised employees, of the
village panchayat, immediately before its constitution as Third Grade municipality,
shall be the employees of such Third Grade municipality under this Act. The
provincialised employees shall continue to serve under the Third Grade municipality
and they shall be transferred by the Director of Rural Development within three
months from the date on which such Third Grade municipality is constituted under this
I
(2) Subject to the provisions of sub-section (I), the provisions of this Act and
the rules made thereunder shall apply to the Thlrd Grade municipality referred to in
sub-section (1 ).".
3. (1) The Tamil Nadu District Municipalities (Second Amendment) Ordinance, Repeal and
2004 is hereby repealed. saving.
(2) Notwithstanding such repeal, anything done or any action taken under the
principal Act, as amended by the said Ordinance, shall be deemed to have been done
or taken under the principal Act, as amended by this Act.
L. JAYASANKARAN,
Secretary to Government-in-charge,
Law Department.
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- -- e r a
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-
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 1st September 2006 and is hereby published for general
information :-
i
(3) A Mayor or a Deputy Mayor shall be deemed to havc~vacated hls office
.on his becoming disqualified for holding the office o'f on his removal frorn office or
on the expiiy of his term of office or on h ~ sotherwise ceasing o be the Mayor or
Deputy Mayor, as the case may be.".
3 After Section 44-i$A of the 1919 Act. the follow~no sectlons shall be Insertcon of
inserted. namely:- new secltons
44.AB and
"44-AB. State Governmellt to ren?ove Mayor or Deputy Mayor.-(1 ) The State 44-AC
Government may. by notification, remove a hdayor or a Deputy Mayor, who In their
opinion wilfully omits or refuses to car+p out or disobeys the provisions of this Act
.or any rules, by-laws, regutattot~sor Iil~fUlorders Issued under this Act or abuses
the powers vested In hlm
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84 TAMIL NADU GOVERNMENT GAZETTE EX I K A u ~ ( L ) I I u H ~
- - -- ---- --- -
-- -- --
(2) The State Government shall, when they propose to take action under
sub-section ( I ) , give the Mayor or Deputy Mayor concerned an opportunity for
explanation, and the notification issued under the said sub-section shall contain a
statement of the reasons of the State Government for the action taken.
( 3 ) Any person removed under sub-section ( 1 ) from the Office of the ,
Mayor or Deputy Mayor shall not be eiigible for election to the said office u'ntil the
date on which notice of the next ordinary elections to the council is published in
the prescribed manner, or the expiry of one year frorn the date specified in such
notification.
; no-confidence in Mayor or Deplrty Mayor.-(1) Subject to
44-AC. ~ o t i o r of
the provisior~sof this sect~on,a m o t i ~ nexpressing want of confidence in the Mayor
or Deputy Mayor may be made in accordance with the procedure laid down herein.
1
ritten notice of intention to make the motion, in such form as may be
Government, signed by such number of councillcrs as shall
than one half of the sanctioned strength of the council, together
motion which is proposed to be made, shall be deliversd in
by any two of the councillors signing the notice.
( 3 ) ?he commissioner shall then convene a meeting for the consideration
of the rnotio'n, to be held at the Municipal Office, at a time appointed by him which
shall n3t be later than thirty days from the date on which the notice under
sub-section ( 2 ) was delivered to him. He shall give to the councillors notice of not
less than fifteen clear days of such meeting and of the time appointed therefor.
(4) The comrn~ssionershall preside at the meeting convened under this
section, and no other person shall preside thereat. If within half an hour after the
time appointed for the meeting the commissioner is not present to preside at the
meeting, the meeting shall stand adjourned to a t~meto be appointed and notrfied
to the councillors by the commissioner under sub-section (5).
(5) If the commissioner is unable to preside at the meeting, he may, after
recording his reasons in writing, adjourn the meeting to such other time as he may
appoint. The date so appointed shall not be later than thirty days from the date
appointed for the meeting under sub-section (3). Notice of not less than seven
clear days shall be given to the councillors of the time appe+intedfor the adjoi~rned
meeting.
(6) Save as provided in sub-sections (4) and (5),a meeting convened for
the purpose of considering a mot~onunder this sect~onshall not for any reason be
adjourned.
(7) As soon as the meeting convened under this sectiop has commenced,
the commissioner shall read to the council. the motion for the consideration-of
which it has been convened and.declare it to be open for debate.
..
(8) No debate on any motion under this section .shal be adjourned.
. .
(9) Such debate shall automatically terminate on the expiry of two hours
from the time appointed for the commencement'of the meeting, if it is not'coneluded
earlier. Upon the conclusion of the debate or upon the expiry of the said period of
two hours, as the case may be, the motion shall be put to the vote of the council.
(10) The commissioner shall not. speak on the, merits of the motiqn, nor
shall he be entitled to vote thereon. . 5
(11) A copy of the minutes of the meeting together with a copy of the
motion and the result of the voting thereon shall forthwith on the termination of the
meeting be forwarded by the commissioner to the state Government.
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(12) If the motion is carried with the support of not less than three-fifth of
the sanctioned strength of the council, the State Government shall, by notification,
remove the Mayor or the Deputy Mayor, as the case may be.
(14) No notice of a motion under this section shall be received within six
months of the assumption of office by a Mayor or a Deputy Mayor.".
4. After section 46-A of the 1919 Act, the following section shall be inserted, Insertion of
namely:- new sect~on
46-AA .
"46-AA. Special provision relating to election.-Notwithstanding anything
contained in this Act or the rules made or orders issued under this /kt, for the first
election to the council to be held immediately after the 14th day ofjJuly 2006, the
territorial area of the divisions of the city, the total number of
number of councillors to be returned from such divisions shall be
exist on the 14th day of July 2006.".
I
6. In section 348 of the 1919 Act, clauses (a) and (b) shall be omitted
Amendment of
sect~on59.
Amendment of
section 348
-
i
I 86 TAMIL NIADU GOVERNMENT GAZETTE EXTRAORDINARY
I -.-------. - ----.-
lnsert~onof 8. After sectton 48-A of the 1971 Act, the following sections shall be inserted,
new sectlons namely -
48-AA and
4 8 - ~ ~ "48-.AA. State Gover~~ment to remove Mayor or Deputy Mayor.-(1) The
State Government may, by notrflcation, remove a Mayor or a Deputy Mayor, who
in the11opinion w~lfullyorrlits or refuses to carry out or d~sobeysthe provi~ionsof .
this Act or any rules, by-laws, regulations rnade or lawful orders issued under thls
Act or sbuses the powers vested in htm.
(2) The State Government shall, when they propose to take action under
sub-section ( I ) , give the Mayor or Deputy Mayor concerned an opportunity for
explanation, and the notification issued under the said sub-section shall contain a
statement of the reasons of the State Government for the action taken.
i (3) Any person removed under sub-sect~on(1) from the offlce of the Mayor
I
or Deputy Mayor shall r~otbe el~giblefor election to the said office until the date
on which notice of the next ordlnary elections to the council is published In the
prescribed manner, or expiry of one year from the date specified in such notification.
48-Af3.Motion of no-confidence in Mayor or Deputy Mayor.-(1) Subject
to the provisibns of this section, a motion expressing want of, confidence in the
Mayor or Deputy Mayor may be made in accordance with the procedure laid
,down herein.
-.--
(2) Written natice ofdntention to make the motion, in such form as may be
I
.f~xedby the State Government, sigrqd by sucti number of councillors as shall
_
f
1 - - ,-- - - -- constitute not iess than one half of thesanctioned strength of the council, together
i; with a copy of the motion which is proposed to be made, shall be delivered in
person to the commissioner by any two of the councillors signing the notice.
1
1 *
(3) The commissioner shall then convene a meeting for the consideration
of the lnotion, twbe h&i at the mun@pal'office, at a .time appointed by him which
shall not be later than thirty days from the date on which the ndrce under sub-
section (2) was delivered to him. He shaU give to thecouncillors notice of not less
than fifteen clear days of such meeting and of the time. appointed therefor.
- - - - - .. - - - --
(4) The commissioner shall preside at the meeting convened under this
section, and no dher person shall preside thereat. If within half an hour after the
time appointed for the meet~ngthe commissioner~isnot-@resentto preside at the
meeting, the meetlng shall stand adjourned to a time to be appointed and notifled
to the councillors by the commissioner under sub-section (5).
( 5 ) If the commiss~oneris unable to preside at the meeting, he may, after
recording his reasons in writing, adjourn the meeting to such other time as he may
appoint. The date so appointed shall not be later than thirty days from the date
appointed for the meehng under sub-section (3). Notice of not less than seven
clear days shall be given to the councillors of the time appointed for the adjourned
meeting.
(6) Save as provided in sub-sections (4) and (5).a meeting convened for
the purpose of considering a motion under this section shalt not for any reason be
adjourned.
(7) As soon as the meeting convened under this section has commenced,
the commissioner shall read to the council the motion for the cons~derationof
which it has been convened and declare it to be open for debate.
(8) No debate on any motion under this section shall be adjourned.
(9) Such debate shall automatically terminate on the expiry of two hours
from the trme appointed for the commencement of the meeting, if it is not concluded
earher. Upon the conclus~onof the debate or upon the expiry of the sa~dperiod of
two hours, as the case rnay be, the motion shall he ~ L I !to the vole of the council
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(10) The commissioner shall not speak on the merits of the motion, nor
shall he be entitled to vote thereon.
(11) A copy of the minutes of the meeting together with a copy of the
motion and the result of the voting thereon shall forthwith on the termination of the
,
meeting be forwarded by the commissioner to the State Government. e
(12) If the motion is carried with the support of not less than three-fifth of
the sanctioned strength of the council, the State Government shall, by notification,
remove the Mayor or the Deplity Mayor, as the case may be.
(14) No notice of a motion under this section shall be received within six
months of the assumption of office by a Mayor or a Deputy Mayor.".
9. After section 50 of the 1971 Act, the following section shall be inserted, Insertion of
namely:-, new section
50-A
50-A. Special provision relating to election.-Notwithstanding an$hing
contained in this Act or the rules made or orders issued under this Act, for the first
election to the council to be held immediately after the 14th day of July 2006, the
territorial area of the-wards of the city, the total number of wards and the total
number of councillors to be returned from such wards shall be the same as they
exist on the 14th day of July 2006.".
10. In section 66 of the 1971 Act, in sub-section (2), in clause (b), for the Amendment of
words "councillor or Mayor", the word "councillor" shall be substituted. section 66.
PART-IV.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPOWinON
ACT, 1981.
m ~Nadu
l Act 11. For sections 29 and 30 of the Coimbatore City Municipal Corporation Act, Subst~tutionof
5 of 1981 sections 29
198l(hereinafter in this Part referred to as the 1981 Act), the following sections and 30.
shall be substituted, namely:-
"29. Election of Mayor and Deputy Mayor.-(1) The council shall, at its first
meeting after each ordinary election to the council,-
(i) elect one of its councillors to be the Mayor: and
(ii) elect one of its councillors other than the Mayor ,lo be the
Deputy Mayor.
(2) A Deputy Mayor on being elected as Mayor shall cease to be the
Deputy Mayor.
30. Term of office of Mayor and Deputy Mayor.-(1) The Mayor or Deputy
Mayor shall be entitled to hold office for a period of five years from the date of his
election provided that in the meantime he does not cease to be tpe councillor.
I
(2) On the occurrence of any vacancy in the office of Mayor or Deputy
Mayqr, the council shall, within such time as may be prescribed, e ~ e ba successor.
'
who shall be entitled to hold office so long as the person in
elected would have been entitled to hold it if the vacancy
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(3) A Mayor or a Deputy Mayor shall be deeved to have vggated his office
6; his beconing disqualified for holding the office or on his removal fromoffice or
an the expiry of his term of office or on his
'
otherwise ceasing to be the Mayor or
I
Deputy Mayor, as the case may be.". I
I
1 . , ,,'8fk<L L ,,
Insertion of 12. After section 50-A of the 1981 Act, the followi,ng sections>shpllbeinsqrted. .
new sections rrlamely:-
50-8 and + , ,
(2) The State Government shall, when they propose to take action under
sub-sectton (I), give the Mayor or Deputy Mayor concerned an opportunity for
explanation, and the notification issued under the said sub-section shall contain a
statement of the reasons of the State Government for the action. taken. . t
(3) Any person removed under sub-section (1) from the office of the Mayor
or Deputy Mayor shall not be eligible for election to the said office until the date
on which notice of the next ordinary elections to the council is published in the
prescribed manner, or the expiry of one year from the date specified in such
notification.
50-C. Motion of no-confidence in Mayor or Deputy Mayor.-(1) Subject to the
provisions of this section, a motion expressing want of confidence in the Mayor or
Deputy Mayor may be made in accordance with the procedure laid down herein.
(2) Written notice of intention to make the motion, in such form as may be
fixed by the State Government, signed by such number of councillors as shall
constitute not less than one half of the sanctioned strength of the council, together
with a copy of the motion which is proposed to be made, shall be delivered in
person to the commissioner by any two of the councillors signing the notice.
(3) The commissioner shall then convene a meeting for the consideration
of the motion, to be held at the Municipal Office, at a time appointed by him which
shall not be later than thirty days from the date on which the notice under
sub-section (2) was delivered to him. He shall give to the councillors notlce of not
less than fifteen clear days of such meeting and of the time appointed therefor.
(4) The commissioner shall preside at the meeting convened under this
section, and no other person shall preside thereat. If within half an hour after the
time appointed for the meeting the commiss~oneris not present to preside at ths
meeting, the meeting shall stand adjourned to a time to be appointed and notified
to the councillors by the commissioner under sub-section (5).
(5) If the commissioner 1s unable to preside at the meeting, he may, after
recording his reasons in writing, adjourn the meeting to such other time as he may
appoint. T7e date so appointed shall not be later than thirty days from the date
appointed for the meeting under sub-section (3). Notice of not less than seven
clear days shall be given to the counc~llorsof the time appointed for the adjourned
meeting.
(g) Save as provided in sub-sections (4) and ( 5 ) , a meeting convened for
the ptirpo *e of constderlng a motion under this section shall not for any reason be
adjourned.
7'
(7) As soon as the meetrng convened under this section has commenced,
the comrriissioner shall read to the council the motion for the consideration of
whlch it k'as been conveqed and declare it to be open for debate
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T~MIL,!~.,NADU~
GOVERNMENT G'AZETTE EXTRAORDINARY ..".. ....8,9i
.> ,) *
(8) No debate ori any motion under this section' shall be adjourned.
7 ,
,. l,. 3
(9) Such debate shall automatically terminate on the expiry of two hours
from the tinld'appointed for the commencement of the meeting, if it is not concluded tr ' q ?, I )
I
r. 1
earlier. Upon the conclusion o i the debate or upon the expiry of the said period of
(
r
,,
.-t
two hours, as the case may be, the motion shall be put to the vote of the council.
(10) The' commissioner shall not speak on the merits of the motion, nor
shall he be entitled to vote thereon.
1 <(I
1) A' copy' of the minutes of the meeting togethet with a copy of the
motion and the result of the voting thereon shall forthwith on the termination of the
meeting be forwarded by the commissioner to the State Government.
(12) If the motion is carried with the support of not less than three-fifth of
the sanctioned strength of the council, the State Government shall, by notification,
remove the Mayor or the Deputy Mayor, as the case may be.
(13) If the motion is not carried by such a majority as aforesaid, or if the
meeting cannot be held for want of a quorum, no notice of any subsc?quentmotion
expressing want of confidence in the same Mayor or the Deputy Mayor shall be
received until after the expiry of six months from the date of the meeting.
(14) No notice of a motion under this sedion shall be received within six
months of the assumption of office by a Mayor or a Deputy Mayor.".
13. After section 52 of the 1981 Act, the following section shall be inserted, Insertion of
new section
namely:- 52-A
"52-A. Special provision relating to election.-Notwithstancling anything
contained in this Act or the rules made or orders issued under this Act fctr the first
election to the council to be held immediately after the 14th day of July 2006, the
territorial area of the divisions of the city, the total number of division3 and the total
number of councillors to be returned from such divisions shall be the same as they
exist on the 14th day of July 2006.".
PART V
tI
14. In section 68 of the 1981 Act, in sub-section (2). in clau e (b), for the Amendment of
sectlon 68
m ~Nadu
l 15. In the Tamil Nadu-District Municipalities Act, 1920 (hereinafter in this Part Amendment
ct V of of section 3.
referred to as the 1920 Act), in section 3,-
920
(I) in clause (7-A), for the expression "Third Grade municipality", the
expression "Third Grade municipality, town panchayat" shall be substituted;
(2) in clause (12-C), for the expression "Third Grade municipality", the
expression "Third Grade municipality, the town panchayat" shall be substituted;
(3) for clause (18-A), the following clause shall be substituted, namely:-
"(18-A) "panchayat town" means an area in transition from a rural area
to an urban area classified as panchayat town under section 3-P;";
( 4 ) in clause (29-A), for the expression "Third Grade municipality", the
expression "Third Grade municipality or town panchayat" shall be substituted;
(5) after clause (29-A), the following clause shall be inserted, namely'--
"(29-AA) "transitional area" means an area in transition from a rural
area to an urban area classified as transitional area under section 3-B;".
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90 TAMIL NADU GOVERNMENT GALE I I k LA r 4 ,, i, . ,.d llr . I
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1 Amendment of
3-F
tnsert~onof
new Chapter
16. In secUon 3-F of the 1920 Act, in sub-section (1). the expression "(exc~usive
of its chairman)" shall be omitted;
17. After Chapter I-A of the 1920 Act, the following Chapter shall be inserted,
namely:-
I
1-0
"CHAPTER 1-6.
TOWN PANCHAYATS.
3-0. Application of Chapter.-This Chapter shall apply only to the town
panchayats.
3-P. Formation of town panchayats.-(1) The Governor-
(a) may, having regard to the revenue generated for local administration,
the percentage of employment in non-agricultural activities, the economic importance
or such other factors as he deems fit, by notification, classify and declare every
, local area comprising a revenue village or villages or any portion of a revenue
village or contiguous portions of two or more revenue villages and having a
population estimated at less than thirty thousand as a panchayat town for the
purposes of this Act; and
( b ) shall, by notification, specify the name of such panchayat town.
(2) In every panchayat town declared as such under sub-section (I), there
shall be established a town panchayat.
(3) (a) The Governor may, by notification, exclude from a panchayat town
any area crjmprised therein.
In regard to any area excluded under clause (a), the Governor
under sub-section ( I ) , declare it to be a panchayat town or
panchayat town under clause (c) (i).
/ (c) The Governor may, by notification.-
I (,) include in a panchayat town any local area contguous thereto: or
!
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 91
- _ _ _
(b) the members of the Council of States who atre registered as
electors within the area of the town panchayat.
(3) The members of the House of the People, the State Legislative
Assembly and the Council of States referred to in clauses (a) ancl (b) of sub-
section (2) shall be entitled to take part in the proceedings, but shall not have the
right to vate in the meetings, of the town panchayat.
I
3-R. Incorporation of town panchayats.-(1) A town pa shall be
constituted for each panchayat town consisting of such number of
with effect from such date as may be specified in the
behalf by the Governor.
(2) Subject to the provisions of this Act. the administration/ofthe panchayat
town shall vest in the town panchayat, but the town panchayat shall not be entitled
to exercise functions expressly assigned by or under this Act or any other law to
its chairman or to any other authority.
(3) Every town panchayat shall be a body corporate by the name of the
panchayat town specified in the notification issued under section 3-P, shall have
perpetual succession and a common seal, and subject to any restrictions or
qualifications imposed by or under this Act or any other law, shall be vested with
the capacity of suing or being sued in its corporate name, or acquiring, holding and
transferring property, movable or immovable or entering into contracts and of doing
all things necessary, proper or expedient for the purpose for which it is constituted.
3-S.Alteration of classification of panchayat towns.-(1) The Governor may
alter any classification, notified under sub- section (1) of section 3-P, if in his
opinion, the panchayat town satisfies or ceases to satisfy the conditions referred
to in that sub-section.
(2) Any decision made by the Governor under this section shall not be
questioned in a court of law.
3-T. Strength of a town panchayat.-(1 ) Notwiths~a.idinganything contained in
this Act, the total number of members of a town panchayat shall be notified by the
Inspector In accordance with such scale as may be prescribed with reference to
the population ds ascertained at the last preceeding census of which the relevant
figures have been published.
(2) The Inspector may, from time to time, by notification, alter the total
number of members of a town panchayat notified under sub-section (1).
3-U. Duration of town panchayat.-(1) Every town panchayat, unless sooner
dissolved, shall continue for five years beginning from the date appointed for its
first meeting after each ordinary election and no longer and the expiration of the
,-. said per~odof five years shall operate as a dissolution of the town panchayat.
(2) An election to constitute a town panchayat shall be completed.-
(a) before the expiry of its durat~onspecified in sub- section (1); or
( h ) before the exp~rationof a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved
town panchayat would have continued is less than six months, it shall not be
necessary to hold any elect~onfor constituting the town panchayat for such period
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92 TAMIL NADU GOVERNMENT GAZETTE E X T K A O K D I N A ~ )
- ---
1
ELECTION AND TERM OF OFFICE OF MEMBERS.
3-V. Election of members to town panchayat-The members of town panchayat
referred to in sub-section (1) of section 3-Q shall be elected in such manner as
may be preqcribed:
'
t
3-W. R servation of seats.-(1) Seats shall be reserved for the persons
belonging t the Scheduled Castes and the Scheduled Tribes in every town
pancha;{at qnd the number of seats so reserved shall bear, as nearly as may be.
the same pr;oport~on to the total number of seats to be filled by direct election in
that town (anchayat as the population of the Scheduled Castes in the town
panchayat area, or of the Scheduled Tribes in that town panchayat area, bears to
the total population of that area.
(2) Seats shall be reserved for women belonging to the Scheduled Castes
and the Scheduled Tribes from among the seats reserved for the persons belonging
to the Scheduled Castes and the Scheduled Tribes which shall not be less than
one-third ol the to!sl number of seats reserved for the persons belonging to the
Scheduled Castes and the Scheduled Tribes.
(3) Seats shall be reserved for women in the town panchayat and the
number of seats reserved for women shall not be less than one-third (including the
number of seats reserved for women belonging to the Scheduled Castes and the
Scheduled Tribes) of the total number of seats in the town panchayat.
(4) (a) The offices of the chairmen of the town panchayats shall be
reserved for the persons belonging to the Scheduled Castes and the Scheduled
Tribes and the number of offices so reserved shall bear, as nearly as may be, the
same proportion to the total number of offices in the State as the population of the
Schecluled Castes in all the town panchayats in the State or the Scheduled Tribes
in all the town panchayats in the State, bears to thei total
- , population of all the town
(5) The offices of the chairmen of the town pgnchayats shall be reserved
for women and the number of offices reserved for,women shall not be less .than
one-third (including the number of offices reserved for ,women belonging a t h e
Scheduled Castes and the Scheduled Tribes) qf the tot'al number of offices of the
chairmen of the town panchayats in the State:
% .
Provided that the offices reserved under this sub-section and under sub-
section (4) shall be allotted by rotation to different town panchayats in such manner
as may be prescribed.
(6) The reservation of seats under sub-sections (1) and (2) and the
reservation of offices of chairmen under sub-section (4) shall cease to have effect
on the expiration of the period specified in Article 334 o!
the Constitution.
3-X. Division of town panchayats ir~towards.-(1 ) For the purpose of election
of members to a town panchayat, the Inspector shall, after consulting the town
panchayat, by notification, divide the panchayat town into wards and determine the
number of members to be elected in accordance with such scales as may be
prescribed.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY . 93
- -
I (2) Only one member shall be elected f ~ each
~ m ward.
of ofice of members.-(1) Except as otherwise provided in this Act,
3-Y. ~ e r m
members of every town panchayat elected at an ordinary election shall hold office
for a term of five years. .-
..
? . .
(2) The term of office of the members elected at ordinary election shsll \
commence on the date appointed for the first meeting of 'the town panchayat after J
.
G7b,.,
(3) The member of a town panchayat elected in a casual vacancy shall I -1.7
enter upon the office forthwith but shall hold office-only so long as the member in .. I ) t. L ~ P
wh'bse plhbe he'g'elected would have been entitled so hold office, if the vacancy
. a
, :I
had not occurred.
a.
-' 3-2.Electoral roll:-(!) The electoral roll of a town panchayat shall be the
same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and
revised in accordance wjth..the provisions of law for the time being in force in a
panchayat town and shall be deemed to* be the electoral roll for such town
panchayat for the purposes of this Act.
(2) No amendment, transposition or deletion of any entry in the electoral
roll of the Tamil Nadu Legislative Assembly made after the last date for making
nominations for elections in any town panchayat and before the notification of the
result of such election shall form part of the electoral roll for such election, for the
purposes of this section.
3-AA. Application of the Act to town panchayats -The State Government
may, by notification, direct that any of the provisions of this Act and the rules made
under this Act or of any other enactment for the !ime being in force elsewhere in
the State of Tamil Nadu but not in the panchayat town shall apply to tliat town
panchayat to such extent and subject to such modifications, add~tionsarld restrict~ons
as may be specified in the notification.
3-BB. Chapter to override other laws.-(1) The provisions of th~schapter shall
have effect notwithstanding anything inconsistent therewith contamed In this Act or
any other law.
(2) Save as otherwise provided ~nsub-section (1). the provisions of this
Chapter shall be in addition to, and not in derogation of, any other provisions of
this Act.
I
3-CC. Specral provisions relatrng to vrllage panchayat constitirted as town
panchayat.-(1) Notwithstanding anyth~ngcontained In this Act,--
I
( a ) the president and members of a village panchayat, wh are elected
or deemed to have been elected and holding office as such lrnmed~atly before the
date of co~stitutionof such village panchayat as town panchayat u der this Act,
shall be deemed to be the chairman and members of such town panc ayat elected
under this Act and such chairman and members shall cont~nueto h o d offlce upto
such date as the State Government may, by notification, fix in this behalf or, in
case no such date is fixed, up to the date on which their term of offlce would expire
under the Tamil Nadu Panchayats Act. 1994 (Tamil Nadu Act 21 of 1994) and such
chairman and members shall exercise all powers and perform all duties conferred
on the chairman and members by or under th~sAct.
( b ) all the employees, other than the provincialised employees of-the
vlllage, panchayat immediately before its constitution as town panchayat shall be
'
the employees of such town panchayat under th~sAct The prov~nc~al~sed employees
shall continue to serve under the town panchayat.
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94 TAMIL PlADU GOVERNMENT GAZETTE EXTRAORDINARY
- ____ _ _ _ _ _______
_ _ -_ -_-_I_._.- ---
._ *-__-..
E
il sub-section ( I).".
Amendment of 18. In section 7 of the 1920 Act, in sub-section ( I ) , the expression "exclusive
l section 7 of its c:hairmanWshall be omitted.
I
i Om~ss~on of
sectlon 7-A
Amendment of
19. Section 7-A of the 1920 Act. shall be omitted.
i
27. In section 40-A of the 1920 Act,-- Amendment,of
section 40-A.
(1) in the marginal heading, for the expression "vice- c airman", the
expressior, "chairman or vice-chairman" shall be substituted;
(2) in sub-section (1). for the expression "vice-chairmann, thb expression
"chairman or vice-chairman" shall be substituted;
(3) in sub-section (12), for the expression "vice-chairman", the expression
"chairman or vice-chairman, as the case may be" shall be substituted;
(4)in sub-section (13), for the expression "vice-chairman", the expression
"chairman or vice-chairman" shall be substituted;
(5) in sub-section (14), for the expression "vice-chairman", the expression
"chairman or vice-chairman, as the case may be" shall be substituted.
28. Section 40-8 of the 1920 Act, shall be omitted. Omission of
section 40-8.
29. After section 43-A of the 1920 Act, the following section shall be inserted, Insertion of
namely:- new section
43-AA
"43-AA. Special provision relating to election.-Notwithstanding anything
contained in this Act or the rules made or orders issued under this Act, for the first
election to the municipal council to be held immediately after the 14th day of July
2006, the territorial area of the wards of the municipal council, the total number of
wards and the total number of councillors or members, as the case may be, to be
returned from such wards shall be the same as they exist on the 14th day of July
2006.".
30. In section 43-6 of the 1920 Act, including the marginal heading, for the Amendment of
section 43-8.
expression "Third Grade Munrcipalities", the expressirn "Third Grade Municipalities
and Town Panchayats" shall be substituted.
31. In section 43-C of the 1920 Act, in sub-section (Z),for the words "councillor Amendment of
section 43-C.
or chairman", the word "councillor" shall be substituted.
Amendment of
32. In section 48 of the 1920 Act,- section 4 8
(1) in sub-section ( I ) , for the expression "chairman or as a councillor", the
word "councillor" shall be substituted;
(2) in sub-section (2), for the expression "chairman or as councillor", the
word "qouncillor" shall be substituted.
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96 TAMIL NADU GOVERNMENT GAZETTE EX'I Kjvt.iJliJnF:', n -
-
Amendment of 33. In. section 49 of the 1920 Act,- % n
f
section 49. r'
(I) in sub-section (I), for the expression "c;lairman or,councillor", the word
"councillor" shall be substituted;
(2) in sub-section (2),-
.
(a) for the expression "as a chairman or election as a councillor", the
expressi~n"as a councillor" shall be substituted;
(b) in clause (e), for the expression "chairman or a councillor", occurring
in two places, the expression "a councillor" shall be substituted.
I Amendment of 34. In section 50 of the 1920 Act,-
I
I
section 50.
(1) in the marginal heading, for the expression 'chairman or councillors",
the word "councillors" shall be substituted;
I
i (2) in silb-section
--,)I(
I
I
(i)for the expression "the chairman or a councillorn. the expression
"a councillor" shall be substituted;
1 (ii) for the expression "section 3-Cn, the expression, "section 3-C
or clauses (a) and (b) of sub-section (2) of section 3-Q" shall be substituted;
( b ) in clause (f), for the expression "of the chairman or any other
councillor", the expression "of any other councillor" shall be substituted;
(c) in clause (i),-
(i) for the expression "the chairman or councillor", the word
'councillor" shall be substituted;
(ii) in the proviso, the expression "chairman or" shall be omitted;
(3) in sub-section (4), the expression "the chairman or", wherever it
occurs, shall be omitted.
Amendment of 35. In section 51 of the 1920 Act.--
section 51:,~
(1) in the marginal heading, for the expression "chairman or councillor",
the word "councillor" shall be substituted;
(2) in sub-section (I), for the expressions "the chairman or a councillor",
"the cha,irman or any councillor" and -such chairman or councillors'.
the expr ssions "a councillor", "any councillor" and "such councillor" sha!l.
a
respectivfly, be substituted;
( ) in sub-section (3), for the expression "chairman or the councrllor", the
word "co ncillor" shall be substituted.
Amendment of
section 368. i,
36. 1 section 368 of the 1920 Act.-
(1) in sub-section (Z),for the expression "chairman and counc~llors"the
worcl "councillors" shall be substituted;
(2) in sub-section (3), after the expression "until a chairman tias heeri
elected", occuring in two places, the expression "by the council" shall be inserted,
(3) in sub-section (S), for the expression "chairman and counc~llors tile
word "councillors" shall be substituted;
(4) in sub-section (6), for the expression "office of chairman and C O U ~ C I ~ ~sO' I
the expression "office of councillors" shall be substituted.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 97 I
v
- -
T 3du 37. (1) The Tamil Nadu Municipal Laws (Amendment ) Ordinance, 2006 is Repeal and
I
lnce
006
herebyrepealed. saving
r ladu (2) Notwithstanding such repeal, anything done or any action taken under
,( ' of
C the Chennai City Municipal Corporation Act, 1919, the Madurai City Municipal
Corporation Act, 1971, the Coimbatore City Municipal Corporation Act, 1981 and
the Tamil Nadu District Municipalities Act, 1920, as amended by the said Ordinance,
Jadu shall be deemed to have been done or taken under the Chennai City Municipal
.t 5of
Corporation Act, 1919, the Madurai City Municipal Corporation Act, 1971, the
Jadu Coimbatore City Municipal Corporation Act, 1981 and the Tamil Nadu District
of
Municipalities Act, 1920, as amended by this Act.".
II Jadu
I of
i'
S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Depadment.
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I
1 i An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
I
S . DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Department.
__ _.
- .
- LatestLaws.com
.m
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1.4
_ _ _ _ -- -- -----
u
-
. -.-.@,,iU
_
The following Act of the Tamil Nadu Legislative Assembly received the assent of
the Governor on the 12th November 2007 and is hereby published for general
information:-
PART-I.
PRELIMINARY.
1. (1) This Act may be .called the Tamil Nadu Municipal Laws (Amendment) Short title and
commence-
ment.
(2) It shall be deemed to have come into force on the 4th day of October
PART-11.
I (2) in sub-section ("2), for the expression "not less than three-fifth of the
sanctioned strength", the expression "not less than four-fifth of the san~tionedstrength"
shall be s ~ b s t ~ t u t e d ,
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Abatement of 5. Any motion expressing want of confidence in the Mayor or Deputy Mayor made
no under section 48-AB and pending before any officer, authority or the Government,
confidence as the case may be, as provided in section 48-AB, immediately before the
-
motion. commencement of this Act, stlall abate.
PART-IV.
(1) in sub-section (2), for the expression "not less than one half of the
sanctioned strength", the expression "not less than three-fifth of the sanctioned
strength" shall be substittrted;
(2) in sub-sectiorr (12), for the expression "not less than three-fifth of the
sanctioned strength", the e:lcpression "not less than four-fifth of the sanctioned strength"
shall be substituted;
(3) in sub-section (13)' for the expression "six months", the expression
'one year" shall be substituted;
(4) for sub-section (14), the following sub-section shall be substituted, namely:-
"(14) No riotice of a motion under this section shall be received,-
(i) within one year of the assumption of office by; or
(ii) during the last year of the term of office of,
a Mayor or a Deputy Mayor.".
Abatement 7. Any motion expressing want of confidence in the Mayor or Deputy Mayor made
of no under section 50-C and pending before any officer, authority or the Government,
confidence as the case may be, as provided in section 50-C, immediately before the commencement
motion. of this Act, shall abate.
PART-V.
10. (1) The Tamil Nadu Municipal Laws (Amendment) Ordinance, 2007 is hereby Repeal and
saving.
S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Department.
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25
rAMIL N A D u GOVERNMENT GAZETTE
_____________I_._-
-----
EXTRAORDINARY -
~h~ foliowing ,A,C~ of the T l m i ! Nadri Legislative Ascemb'j received the assent of
Gcveinoi on the 19th Februery 2008 and is hereby published for general
1nforrnatlon:--
PART-I.
PRELIMINARY.
1. (1) 171, ; Act rrldr 17t, CJIICC! t l ~ r :f a n i ! Nddu h?~nicipatL.;-~ws (Amei7dment) Act, Short title and
2008 cornmence-
ment.
(2) It shall come Into force on such date as the Sta!e Government may, by
notification, appoini
PART-II.
A M E N D ~ ~ ~ E-ro
N T T ~ CHENNAI
E CITY MUNICIPP~L
CORPORATION A2T, 1919.
2. In ths Chennai City M u n ~ c ~ p aCorporation
l P,ct, 1919, sections 43.A and Omission of
3 3 - A shall be o;nitted sections
43-A and
358-A.
PART-II!.
AiLlENDMENT TO THE MADtiRAl CITY MiJNlCIPAL
CORPORATION ACT 197:
3. In the Madurai City M u n ~ c ~ p aCorporat~on
l Act, 197 I , sections 4 5 4 and Omlssi0n of
443-A shall be orrritted. sect~ons
45-A and
443-A.
PART-I!'.
I
AMENDMENT 10 THE COIMBATORE CITY k/1UNICIpAL
C(?RPCIRATION ACT, 1981.
4. 111 the Co~mbatoie City M3c71ct~alCorporation Act, 1981, sections 47-A and O W ~ S Sof~ O ~
442-A shall be omitted. sections
47-A and
442-A.
FAIIT-V.
S DHEFNADHPYALAN,
Sectela~ylo Govcmmen!-~ncharge,
Law Depsrtme~it.
A
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The following Act of the Tam11 Nadu Legislative Assembly received the assent of the
Governor on the 25th May 2008 and is hereby published for general information:-
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-ninth
Year of the Republic of India as follows.--
PART-I.
PRELIMINARY.
1. (1) This Act may be called the Tam11Nadu Municipal Laws (Fourth Amendment) Short title anc
commence-
ment.
(2) It shall come into force on such date as the State Government may, by
notification, appoint
PART-II.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL
CORPORATION ACT, 1919.
2. In section 326-C of the Chennai City Municipal Corporation Act, 1919, (hereinafter Amendment of
in this Part referred to as the principal Act), in sub-section (5),for the exp~ession"State section326-C.
Government account", the expression "Corporation account" shall be substituted.
3. In sectlon 326-CC of the principal Act, I l r sub-section (2), the following Amendment of
sub-sect~on shall be substltuted, namely:- section
326-CC.
"(2) The tax paid under sub-sectron (1) shall be credlted to the Corporation
account In such manner as may be prescribed.".
PART-Ill.
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
u Act 4. In section 285-C of the Tam11Nadu D~strictMunic~pal~ties Act, 1920, (hereinafter A endment of
20 in thls Part referred to as the principal Act), in sub-sectlon (5), for the expression "State 2ction
Government account", the expression " account of the munlc~pality,town panchayat or 2854.
Thlrd Grade munic~pal~ty, as the case may be, wlth~nwhose jur~sd~ct~on such fee has
been collected," shall be substituted
5. In sect~on 285-CC of the principal Act, for sub-section (2), the following Amendnent of
sub-section shall be substltuted, namely - section
285-CC.
"(2) The tax paid under sub-sectlon (1) shall be credlted to the account of the
mun~clpalrty, town panchayat sr Third Grade munlcipal~ty, as the case may be,
withln whose jurrsd~ct~onsuch tax has bean collected, in such manner as may be
prescribed "
F'ART-IV
7, In scctlon 470-CC of the principal Act, for sub-sectron (2), the ft~llowlng Amendment of
S\II)-\I;(,IIOI) ~ ~ 1 ~ ~ c1 ~
1 ~ ~ l ~ ~ri:~rn[~Iy-
, ~ i l ~ ~ ~ ~ ~ ( l , section
410-CC.
"(2) The tax paid under sub-section (1) shdll be credited to the Corporatlon
account 111 such manner as may be prescribed".
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The follow~ngAct of ~ I , L 'amrl Nadu Legislative Assembly recerved the assent of the
Governor on the 29th May 2008 and IS hereby published for general information:-
arntl N* I.(1) Thls Act may be called the Tamil Nadu M lnicipal Laws (Second Amendment) Short title and
Act Act, 2008 commence-
21 of 1991 ment
(2) It shall come rnto force on such date as the State Government may, by
not~f~cation,
appoint
PART- II
PART - Ill
(4) Thls section shall not apply to any elector whose absence may cause danger
or substantial loss in respect of the employment in which he is engaged.".
PART- IV
I or substantial
(4) This ection shall not apply to any elector whose absence may cause danger
:
loss in .respect of the employment in which he is engaged.".
I
PART -V
AMENDMENT T O THE TAMIL NADU DISTRICT
MUNIC!PALITIES ACT, 1920.
lnserrron of
new
/ 5. After section 43-8 of the Tamil Nadu Distnct Muncipalities Act. 1920,the following
sect~on shall be tnserted. namelv :-
section 43-BB
'43-66. Grant of paid holiday to employees on the day of pol/.-(1) Every person
employed in any business, trade. ind~lstrialundertaking or any other establishment and
entitled to vote at.election to any Municipality including Third Grade Municipality and Town
Panchayat shall, on the day of poll; b e granted a holiday.
(2) No deduction or abatement of the wages of any such person shall be made
on account of a holiday hav ng been granted In accordance with sub-section (1) and
if such person is employed on the basis that he would not ord~narilyrecelve wages for
such a cay, he shall nonetheless be paid for such Jay the wages he would have drawn
had not a holiday been granted 1-1 him, on that day.
!# ACT Nb. 36 OF
. - --
I
ANl~NUmcn
n nv rn - -
samemq to Government.
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PART-I
PRELIMINARY
1. (1) T h ~ sAct may be called the Tamil Nadu Municipal Laws (Slxth Amendment) Short tltle and
Act, 2008 commence-
ment
(2) It shall come into force on such date as the State Government may, by
notification, appornt
PART-I I
(aa) a counc~l:"
3. For s e ~ t l 0 n 37 of the 1919 Act, the followlng sections shall be substituted, Subst~tut~onof
section 37
I
-
"37. Prerogative of the Mayor.-(1) The Mayor shall have full access to all records
of the corporatlon and may obtain reports from the cornmlssloner on any matter connected
w ~ t hthe admtnlstrat~on of the corporatlon
R
(2) All Important offlclal correspondence between the corporatlon and the State
Government as may be declded by the councll shall be conducted through the Mayor
Substitution of 5. For section 38 of the 1971 Act, the followrng sections shall be subst~tuted,
sect~on38 namely -
"38. Prerogative o f the Mayor.-(I) The Mayor shall have full access to all records
of the corporation and may obtaln reports from the comm~ssioneron any matter connected
w ~ t hthe adrn~n~strat~on of the corporat~on.
(2) All important offlcial correspondence between the corporation and the
Government as may be decrded by the councll shall be co lducted through the Mayor
(3) The Mayor shall be bound to transm~t comrnunlcat~ons addressed through
hlm by the commlssloner to the Government or by the Government to the commlssloner
While transmitting communicat~onsfrom the commlssroner to the Government, the Mayor
may make s ~ c hremarks as he thrnks necessary.
PART-IV
Substltut~onof 7. For section 39 of the 1981 Act, the following sections shall be subst~tuted.
sect~on39 namely'-
"39. Prerogative o f the Mayor.-(!) The Mayor shall have full access to all records
of the corporatlon and may obtaln reports from the comm~ssioneron any matter connected
w ~ t hthe admlnlstration of the corporatlon.
(2) All important officral correspondence between Ihe corporat~on and the
Government as may be declded by the counc~lshall be conducted through the Mayor
(3) The Mayor shall be bound to transm~tcommun~cat~ons addressed through
h ~ mby the commlssroner to the Government or by the Government to the comrnlssroner
Whlle transm~ttlngcommunlcat~onsfrom the commiss~onerto the Government the Mayor
may make such remarks as he thlnks necessary
39-A. Entrustment of additional functions to Mayor.-The Government may.
subject to the provlslons of this Act and the rules made thereunder, by notlflcatlon, entrust
to the Mayor such add~t~onal funct~onsas it may deem necessary for carrylng out the
purposes of thls A c t "
&
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sectlon 4
"(1) a Mayor;
(I-a) a councll ;"
PART-VI
"(1) a Mayor ;
(I-a) a council ;".
PART-VII
A M E N D M E N T T O T H E SALEM C l T Y M U N I C I P A L
CORPORATION ACT, 1994.
"(1) a Mayor;
(I-a) a council;"
PART-VII I
AMENDMENT T O T H E TIRUPPUR C l T Y MUNICIPAL
CORPORATION ACT, 2008
11. In section 4 of the Tiruppur City Municipal Corporation Act, 2008, for clause Amendment of
(I), the following clauses shall be substituted, namely:- section 4.
"(1) a Mayor;
(1-a) a council.".
PART--IX
A M E N D M E N T T O T H E E R O n E C l T Y MUNICIPAL
CORPORATION ACT, 2008.
12. In sectlon 4 of the Erode City Municipal Corporation Act, 2008, Amendment of
for clause (11, the following clauses shall be substituted, namely:- section 4.
"(1) a Mayor;
(I-a) a council;"
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The followtng Act of the Tamil Nadu Legislative Assembly rece!ved the assent
of the Governor on the 29th November 2008 and is hereby published for
general rnforrnation'-
ACT No. 57 OF 2008.
A n Act further to amend the laws relating to the Municipal Corporations
and the Municipalities it? the Stale o f Tamil Nadu.
BE i t enacted by the Leg,-lat~veAssembly of the State of Tamil Nadu n the Fifty-ninth Year
of the Rept~blicof lndla as follows:-
PART - I
I I PRELIMINARY
Short title and
1. (1) Thls Act may be called the Tamil Nadu Municcpal Laws (Seventh Amendment)
c )mmence-
Act, 2008.
ment
(2) I t shall come into force on such date as the State Government may,
by notification, appoint.
PART II -
I t
Irdu
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.
2. In section 52 of the Chennai City Munccipal Corporation Act, 1919 (hereafter ill t h ~ s Amendment of
'of Part referred to as the 1919 Act), after sub-section (1-A), the following sub-sectcon shall be section 52
1
i inserted, namely --
"(1-8) A person drsqualified for being a councillor under clause (eee) of
i sub-section (1) of section 53 shall be d:squal~fiedfor election as a councillor for a period
of SIX years from the date of such disqualification.".
3. In sectlon 53 of the 1919 Act, in sub-seclion (t), after clause (ee), the following clause Amendment of
shall be inserted, namely :- section 53.
"( eee) does not belong to Scheduled Caste or Scheduled T~ibe,but has been
elected from the seat reserved for Scheduled Caste or Scheduled Tribe, as the
case may be."
I PART Ill
I I AMENDMENTS 10 THE MADURAl CITY MUNICIPAL CORPORATION ACT. 1971.
1 fvU)(idu
drsdof
4. In section 56 of ttle Marlurai City Micnic~palCorporation Act, 1971 (hereafter irl this
Part referred to a!; the 1971 Act), after sub-section (1-A), the fallowing :ub-section shall be
Amendment of
section 56.
&dd inserted, namely:--
"(ee) does no1 belong to Scheduled Caste or Scheduled Trcbe but has been
elected from the seel reserved for Scheduled Caste or Scheduled Tribe, as the
case may be."
I PART - IV
I AMENDMENTS 'TO THE~COIMBATOREClTY MllNlCIPAL CORPORATION ACT, 1981.
du 6. In sect~on58 of the Co~rnbatoreClty Mun~ctpalCorporalcon Act, 1981 (hereafter irt this Amendment of
%of Part referred to as the 1981 Act) after suh.sectlon ( 2 ) , the following sub-sect~onshall be Sec"On
~nserted naniely -
'(2-A) A person disqualified for betng a counc~llor under clause (ff) of
sub-section (1) of sectlon 59 shall be disqualified for election as a counc~llorfor a period
of SIX yeals from Ihe date of such d~squabfication."
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The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 5th August 2009 and is hereby published for general information:
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth
Year of the Republic of India as follows:
PART- I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 2009. Short title and
commence-
ment.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
PART- II.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.
Tamil Nadu 2. In section 120 of the Madurai City Municipal Corporation Act,1971, in Amendment of
Act 15 of sub-section (4), for clause (a), the following clause shall be substituted, namely: section 120.
1971.
(a) Save as otherwise provided in clause (b), the council shall, in the case of lands
which are not used exclusively for agricultural purposes and are not occupied by, or
adjacent and appurtenant to, buildings, levy property tax on such lands at such rate as it
may fix, having regard to its location and subject to the minimum and maximum rates per
square feet as may be prescribed by the Government..
PART- III.
AMENDMENT TO THE COIMBATORE CITY
MUNICIPAL CORPORATION ACT, 1981.
Tamil Nadu 3. In section 121 of the Coimbatore City Municipal Corporation Act,1981, in Amendment of
Act 25 of sub-section (4), for clause (a), the following clause shall be substituted, namely: section 121.
1981.
(a) Save as otherwise provided in clause (b), the council shall, in the case of lands
which are not used exclusively for agricultural purposes and are not occupied by, or
adjacent and appurtenant to, buildings, levy property tax on such lands at such rate as it
may fix, having regard to its location and subject to the minimum and maximum rates per
square feet as may be prescribed by the Government..
PART- IV.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
Tamil Nadu 4. In sub-section (3) of section 81 of the Tamil Nadu District Municipalities Act,1920, Amendment of
Act for clause (a) including the proviso thereto, the following clause shall be substituted, section 81.
V of 1920. namely:
(a) Save as otherwise provided in clause (b), the council shall, in the case of lands
which are not used exclusively for agricultural purposes and are not occupied by, or
adjacent and appurtenant to, buildings, levy property tax on such lands at such rate as it
may fix, having regard to its location and subject to the minimum and maximum rates per
square feet as may be prescribed by the State Government..
PART- V.
Tamil Nadu 5. The Tamil Nadu Municipal Laws (Second Amendment) Act,1997, is hereby repealed. Repeal.
Act 65 of
1997. (By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 12th August 2009 and is hereby published for general information:
(1) (2)
(iv) Mortgage with possession The amount secured by the
of immovable property. mortgage, as set forth in the instrument.
Provided that the duty on transfers of property collected under this Act in respect
of any property situated in a panchayat town shall be credited to the fund of the
town panchayat within whose territorial area such property is situated.
Power to 6. If any difficulty arises in giving effect to the provisions of this Act, the Government
remove may, by order, published in the Tamil Nadu Government Gazette, make such provisions
difficulties. not inconsistent with the provisions of this Act, as appear to them to be necessary or
expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of
two years from the date of commencement of this Act.
Power to give 7. The Government may, from time to time, issue such directions to the municipalities
directions. or any other authorities as it may deem fit, for giving effect to the provisions of this Act,
and it shall be the duty of the municipalities or the other authorities to comply with such
directions.
Power to 8. (1) The Government may make rules to carryout the purposes of this Act.
make rules.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for,
(4) Every rule made or order or notification issued under this Act shall, as soon
as possible after it is so made or issued, be placed on the table of the Legislative Assembly,
and if, before the expiry of the session in which it is so placed or the next session,
the Legislative Assembly makes any modification in any such rule or order or notification
or the Legislative Assembly decides that the rule or order or notification should not be
made or issued, the rule, order or notification shall, thereafter have effect only in such
modified form or be of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule or notification or order.
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9. On and from the date of commencement of this Act, the relevant provisions in Repeal of
the enactments mentioned in the Schedule to this Act shall stand repealed. certain
enactments.
SCHEDULE.
(See section 9).
PART I.
PART II.
PART III.
PART IV.
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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~ Amendment of
section 59
7. In scctlon 59 of the 1981 Act, 111sub section (1),
shall be inserted, rid~r~ely
--
;iflt:r clnt~sct(f). Ihc' follow~~icl
clrltlsr
'"0 does not belong to Scheduled Caste or Scheduled Trlbe, but has been elected from
the sr at reserved for Scheduled Caste or Scheduled Tr~be,as the case may be,"
PART - V
Amendment of 9. In section 50 of the 1920 Act, in sub-sect~on(I),after clause (dd), the followtng clause of 1994
sectlon 50 shall be ~nserted,namely --
"(ddd) does not belong to Scheduled Caste or Scheduled Tribe, but has been
eleited from the seat reserved for Scheduled Caste or Schediiled T r ~ b e ,as the
case may be;".
S. D H E E N A D H A Y A L A N ,
Secretary to Government,
Law Department.
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The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 27th November 2010 and is hereby published for
L.A. BILL No. 30 OF 2010
general information:
(As passed by the Tamil Nadu Legislative Assembly)
ACT No. 37 OF 2010.
1. (1) This Act may be called the Tamil Nadu Duty on Transfers of Property Short title and
(in Municipal Areas) Amendment Act, 2010. commence-
ment.
(2) It shall be deemed to have come into force on the 13th day of
September 2010.
Tamil Nadu 2. The proviso to section 5 of the Tamil Nadu Duty on Transfers of Property Amendment of
Act (in Municipal Areas) Act, 2009 (hereinafter referred to as the principal Act) section 5.
32 of 2009. shall be omitted.
Tamil Nadu 3. (1) The Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Amendment Repeal and
Ordinance Ordinance, 2010 is hereby repealed. saving.
4 of 2010.
(2) Notwithstanding such repeal, anything done or any action taken under the
principal Act, as amended by the said Ordinance, shall be deemed to have been done
or taken under the principal Act, as amended by this Act.
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 6th September 2011 and is hereby published
for general information:
PART-I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Third Short title and
Amendment) Act, 2011. commence-
ment.
(2) It shall come into force at once.
PART-II.
Tamil Nadu 2. After section 6 of the Tirunelveli City Municipal Corporation Act, 1994, Insertion of
Act the following section shall be inserted, namely: new section
28 of 1994. 6-A.
6-A. Special provision relating to election. Notwithstanding anything
contained in this Act or in the 1981 Act or the rules made or orders issued
thereunder, for the first election to the council, to be held immediately after
the commencement of the Tamil Nadu Municipal Laws (Third Amendment)
Act, 2011, the territorial area of the divisions of the city, the total number
of divisions and the total number of councillors to be returned from such
divisions shall be the same as they exist on the date of commencement of
the Tamil Nadu Municipal Laws (Third Amendment) Act, 2011..
PART-III.
PART-IV.
Insertion of 4. After section 43-AA of the Tamil Nadu District Municipalities Act, 1920, Tamil Nadu
new section Act
the following section shall be inserted, namely:
43-AAA. V of 1920.
43-AAA. Special provision relating to election. Notwithstanding
anything contained in this Act or the rules made or orders issued under this
Act, for the first election to the municipal councils except the municipal councils
of Pudukottai, Karur, Kancheepuram, Hosur, Namakkal, Villupuram, Tirupathur
and Nagercoil municipalities, to be held immediately after the date of
commencement of the Tamil Nadu Municipal Laws (Third Amendment) Act,
2011, the territorial area of the wards of the municipal councils, the total
number of wards and the total number of councillors or members, as the
case may be, to be returned from such wards shall be the same as they
exist on the date of commencement of the Tamil Nadu Municipal Laws (Third
Amendment) Act, 2011..
G. JAYACHANDRAN,
Secretary to Government,
Law Department.
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The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 6th September 2011 and is hereby published
for general information:
G. JAYACHANDRAN,
Secretary to Government,
Law Department.
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 2nd September 2014 and is hereby published for general information:
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws and the Chennai Short title and
Metropolitan Area Groundwater (Regulation) Amendment Act, 2014. commence-
ment.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
PART-II.
223-A. Grant of permit to sink well. (1) No person shall, either himself or through
any person on his behalf engage in sinking any well in any area of third grade
municipality, town panchayat or municipality for any purpose without obtaining a permit
from the executive authority:
Provided that this sub-section shall not apply for sinking of well for domestic
purpose:
Provided further that this sub-section shall not apply to the revenue villages specified
in the Schedule to the Chennai Metropolitan Area Groundwater (Regulation) Act, 1987
(Tamil Nadu Act 27 of 1987).
(2) Any person desiring to sink a well shall apply to the executive authority,
for grant of permit for this purpose and shall not proceed with any activity connected
with such sinking of well, unless a permit has been granted by the executive authority.
(3) Every application for grant of permit shall be made in such form and contain
such particulars as may be prescribed, and shall be accompanied by such fee not
exceeding five thousand rupees, as may be prescribed.
(4) On receipt of an application under sub-section (2), the executive authority
may grant, subject to such conditions and restrictions as it may specify, a permit
authorising sinking of well or refuse to grant such permit:
Provided that no permit shall be refused unless the applicant has been given
an opportunity of being heard.
(5) The decision regarding the grant or refusal to grant the permit shall be
intimated by the executive authority to the applicant within such period as may be
prescribed.
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(6) Any person aggrieved by the decision of the executive authority under
sub-section (5) may, within such period and in such manner as may be prescribed,
appeal to such authority as may be specified by the State Government, by notification,
in this behalf.
(7) The owner of every well in use or disuse shall follow such safety measures,
as may be prescribed.
223-B. Grant of certificate of registration.(1) Every person desiring to carry on
the business of sinking well in any area of third grade municipality, town panchayat
or municipality shall apply to the Collector for grant of a certificate of registration.
(2) Every application for grant of a certificate of registration shall be made
in such form and contain such particulars as may be prescribed and shall be accompanied
by such fee not exceeding fifteen thousand rupees, as may be prescribed.
(3) On receipt of an application under sub-section (1), the Collector may grant,
subject to such conditions and restrictions as may be specified, a certificate of registration
or refuse to grant the certificate of registration:
Provided that no certificate of registration shall be refused unless the applicant has
been given an opportunity of being heard.
(4) The decision regarding the grant or refusal to grant the certificate of
registration shall be intimated by the Collector to the applicant within such period as
may be prescribed.
(5) Any person aggrieved by the decision of the Collector under
sub-section (4) may, within such period and in such manner as may be prescribed,
appeal to such authority as may be specified by the State Government, by notification,
in this behalf.
(6) Every person carrying on the business of sinking well shall, while sinking
a well or on completion of sinking a well, follow such safety measures, as may be
prescribed.
Explanation.For the purpose of sections 220, 223-A and 223-B,
(a) sink with all its grammatical variations and cognate expressions includes
digging, drilling, boring or deepening;
(b) well means a well sunk for search or extraction of groundwater and
includes an open well, dug well, bore well, dug-cum-bore well, tube well, filter point,
collection well or infiltration gallery, but does not include a well sunk by the State
Government or Central Government for carrying out scientific investigation, exploration,
development or management work for the survey and assessment of groundwater
resources;
(c) person includes a company or association of individuals, whether incorporated
or not..
Insertion of 4. After section 316 of the 1920 Act, the following section shall be inserted,
new sections namely:
316-A.
316-A. Penalty for sinking well without permit or registration.Whoever contravenes
any of the provisions of section 223-A or 223-B or the rules made thereunder shall,
on conviction, be punishable with imprisonment for a term which shall not be less than
three years but which may extend to seven years and with fine which may extend to
fifty thousand rupees..
PART-III.
6. After section 331 of the 1971 Act, the following sections shall be inserted, Insertion of
namely: new sections
331-A and
331-B.
331-A. Grant of permit to sink well.(1) No person shall, either himself or through
any person on his behalf engage in sinking any well in any area in the city of Madurai
for any purpose without obtaining a permit from the commissioner:
Provided that this sub-section shall not apply for sinking of well for domestic
purpose.
(2) Any person desiring to sink a well shall apply to the commissioner, for grant
of permit for this purpose and shall not proceed with any activity connected with such
sinking of well, unless a permit has been granted by the commissioner.
(3) Every application for grant of permit shall be made in such form and contain
such particulars as may be prescribed, and shall be accompanied by such fee not
exceeding five thousand rupees, as may be prescribed.
Provided that no permit shall be refused unless the applicant has been given an
opportunity of being heard.
(5) The decision regarding the grant or refusal to grant the permit shall be
intimated by the commissioner to the applicant within such period as may be prescribed.
(6) Any person aggrieved by the decision of the commissioner under sub-
section (5) may, within such period and in such manner as may be prescribed, appeal
to such authority as may be specified by the Government, by notification, in this behalf.
(7) The owner of every well in use or disuse shall follow such safety measures,
as may be prescribed.
Provided that no certificate of registration shall be refused unless the applicant has
been given an opportunity of being heard.
(4) The decision regarding the grant or refusal to grant the certificate of
registration shall be intimated by the commissioner to the applicant within such period
as may be prescribed.
(a) sink with all its grammatical variations and cognate expressions includes
digging, drilling, boring or deepening;
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(b) well means a well sunk for search or extraction of groundwater and
includes an open well, dug well, bore well, dug-cum-bore well, tube well, filter point,
collection well or infiltration gallery, but does not include a well sunk by the Government
or Central Government for carrying out scientific investigation, exploration, development
or management work for the survey and assessment of groundwater resources;
(c) person includes a company or association of individuals, whether incorporated
or not..
Insertion of 7. After section 446 of the 1971 Act, the following section shall be inserted,
new section namely:
446-A.
446-A. Penalty for sinking well without permit or registration.Whoever contravenes
any of the provisions of section 331-A or 331-B or the rules made thereunder shall,
on conviction, be punishable with imprisonment for a term which shall not be less than
three years but which may extend to seven years and with fine which may extend to
fifty thousand rupees..
PART-IV
Amendment of 8. In section 331 of the Coimbatore City Municipal Corporation Act, 1981 (hereafter Tamil Nadu Act
of section 331. in this Part referred to as the 1981 Act), 25 of 1981.
Insertion of 9. After section 331 of the 1981 Act, the following sections shall be inserted,
new sections namely:
331-A and
331-B.
331-A. Grant of permit to sink well. (1) No person shall, either himself or
through any person on his behalf engage in sinking any well in any area in the city
of Coimbatore for any purpose without obtaining a permit from the commissioner:
Provided that this sub-section shall not apply for sinking of well for domestic
purpose.
(2) Any person desiring to sink a well shall apply to the commissioner, for
grant of permit for this purpose and shall not proceed with any activity connected with
such sinking of well, unless a permit has been granted by the commissioner.
(3) Every application for grant of permit shall be made in such form and contain
such particulars as may be prescribed, and shall be accompanied by such fee not
exceeding five thousand rupees, as may be prescribed.
Provided that no permit shall be refused unless the applicant has been given an
opportunity of being heard.
(5) The decision regarding the grant or refusal to grant the permit shall be
intimated by the commissioner to the applicant within such period as may be prescribed.
(6) Any person aggrieved by the decision of the commissioner under sub-
section (5) may, within such period and in such manner as may be prescribed, appeal
to such authority as may be specified by the Government, by notification, in this behalf.
(7) The owner of every well in use or disuse shall follow such safety measures,
as may be prescribed.
Provided that no certificate of registration shall be refused unless the applicant has
been given an opportunity of being heard.
(4) The decision regarding the grant or refusal to grant the certificate of
registration shall be intimated by the commissioner to the applicant within such period
as may be prescribed.
(5) Any person aggrieved by the decision of the commissioner under sub-
section (4) may, within such period and in such manner as may be prescribed, appeal
to such authority as may be specified by the Government, by notification, in this behalf.
(6) Every person carrying on the business of sinking well shall, while sinking
a well or on completion of sinking a well, follow such safety measures, as may be
prescribed.
(a) sink with all its grammatical variations and cognate expressions includes
digging, drilling, boring or deepening;
(b) well means a well sunk for search or extraction of groundwater and
includes an open well, dug well, bore well, dug-cum-bore well, tube well, filter point,
collection well or infiltration gallery, but does not include a well sunk by the Government
or Central Government for carrying out scientific investigation, exploration, development
or management work for the survey and assessment of groundwater resources;
PART-V.
Tamil Nadu Act 11. In section 3 of the Chennai Metropolitan Area Groundwater (Regulation) Act, Amendment of
27 of 1987. 1987 (hereafter in this Part referred to as the 1987 Act), after sub-section (7), the section 3.
following sub-section shall be added, namely:
(8) The owner of every well in use or disuse shall follow such safety measures,
as may be prescribed..
12. After section 4 of the 1987 Act, the following section shall be inserted, namely: Insertion of
new section
4-A. Grant of certificate of registration.(1) Every person desiring to carry on 4-A.
the business of sinking well in the scheduled area shall apply to the competent authority
for grant of a certificate of registration.
(2) Every application for grant of a certificate of registration shall be made
in such form and contain such particulars as may be prescribed and shall be accompanied
by such fee not exceeding fifteen thousand rupees, as may be prescribed.
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Insertion of 13. After section 10 of the 1987 Act, the following section shall be inserted,
new section namely:
10-A.
10-A. Penalty for sinking well without permit or registration. Notwithstanding
anything contained in section 10, whoever contravenes any of the provisions of section
3 or 4-A or the rules made thereunder shall, on conviction, be punishable with imprisonment
for a term which shall not be less than three years but which may extend to seven
years and with fine which may extend to fifty thousand rupees..
G. JAYACHANDRAN,
Secretary to Government,
Law Department.