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TEE T&XMILN,\DU DlSTRJCT & i ~ iCIPc\LlyJES


j ~

ACT, 1920.
TABLE
OF CONTENTS.
PREAMBLE.

PART I.

I-PRE~IMINARY.
CHAPTER
S'BCTIONS.
li Title and extetlt.
2. Repeal of enactments.
3. Definitions.

O PART 11.-ESTABLISHMENT CONSTITUTION


GOVERNMENT OF DIS+RI(;IT MUNICIPALITIE
CHApmnII.--CR~ATIONAND A B O L I ~ OOF
NMUN~C~PAL~I~~.
4. Creation of municipalities.
4-A. Townships.
5. Abolition of municipalities.

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 .

12-A. Procedure when no chairman or vice-chairlnan is elected.


12-B.Chairman, vice-chairman or councillolo not to receive
remunerafion.
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District ikfunicipalities [I920 : T.N. Act


-
F u n c t i O ~ ~of the several authortties.
The chairman and the executive authority.

13. Functions of th,: chairman.


13-A. Functions of the executive authority.
airman where a cornmisstoner has been

14. The chairman to be member of every committee of t

15. Emergency powers of executive authority.


utiv: authority to incur petty contingen

18. Delegation and devolution of fu~lclionsof chairman.


18-A. Rights aud duties of the commissioner.

~
The council.
G&
19. Functions of the ~ o u i l ~ i i .
a

b ,
8
Y 1

.."*,
!.is 20. Duties and powers of i lidi+fllc?l ~*~ILIIC~~~OTS.
..
i rg

4 L'
. Ls
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 *!

24. Appointment of special committees.


$j:
25. Rules and regulations for proceedings of council.
I 26. Appointment of joint committee. I

,
+- 27. Notification of election.
28. Presidency of council.
29. (omitted.)
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-.---. - . -

0 :T.N. Act V] District Hunicipalities

39. Co:incitiar en to abstain Trom takirrg part in dirtassion


,*,$
,...,, . ,LiT,?.
. r * :

32. Acts of municinal council, atc., not to be invalidated by


iuformality, ek.

Atb~zirlistration report.

33. Au1lual administration report.

34, Power of' 5 ~ G~qerrment


3 ~ and Collector for purposes
of control.
35, ~ ~ l l ~ ~power
t o ~ to~ 'ecforce
s execution of resolutions.
Power to suspelld or cancel resolutions, etc., under Act.
37. EmergellCy powbrs of ~0lle~tors. +P ut
wer to appoint officers to ,$
,-& w

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
$4
t ' s to dissolve or supersede wun- ., tl
I,,;%

@
. a*

42. powersof officers acting for, or in defa


lity of municipal fund. , ,
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548 District 1Mu1tici'pcllitic.s [l920:T.N. Act V


CHAPTER
1V.-ELECTION AW APPOINTMENT
OF
COUNCILLORS.
%
Elections.
*
SECEONS.
43. Electioli of municjpal co~,uncillors.
43-A. Election of same pcrson for morc ihi:n one ward.
in elrcloral roll for inunicipalitv
44. Qualifica.: -s for i~~clusion
a d publication 1 hemof.
45. and 46. (Omitted.)
47. Disqualitications of voters.

Qtmlrdficot ions f i)r membership oJ' count*il.

48. Qualification of' clmdidates.


49. Disqualification of candidates.
'1 .
..$. SO. Disqualification of councillors.
;$.?
f; *a 50-A. Oath or affirma~ionto be made by councillors.
r"
t "

.,
jlL
ia
' 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.
Yf"' *
i@g
..8w .
*o'.~I g
.$
r /
56-D.Disturbances at election meetings.
?&.
;.$
:%
R. 56-E.Restrictions on :he printing of pamphlets, sfels etc
Y
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56-F.Officers, etc., at elections not to act for candidates


influence voting.
56-G. Prohibition of canvassing in or near polling stations.
56-H.Penalty for disorderly conduct in or near polling stations. -2
56-1. Penalty for rmsconduct at the polling station.
.
56-J. Penalty for illegal hiring or procuring of conveyances a
elections.
56-K.Breaches of official duty in connection with election.
56-L. Removal of ballot papers from polling station to be an
offence.
56-M . Other offences and penalties therefor.
56-N. Prosecution regarding certain election offences.
57. 59. (Omitted.)
60. ~i~qualifiaation
of persons convicted of election offences.

Requ isitioning of propertyf ~ relection purposes.


GO-A.Requisitioning of premises, vehicles, etc., for election
puryases.
60-B.Payment of compensation.
I

60-C, Power to obtain information.


~ o - DPowers
. of entry into and inspection of premises, etc.,
60-E. Eviction from requisitioned premises.
60-F. Rslease of premises from raq~~isition.
~ o - G ~, ~ l ~ g a t of
i o functions
n of the State Government with -

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.

61. Vesting of public streets and appurtenances in the


municipal co~lnciI.
.* ++,
61.A. Daty of municipal council in i.c,peci of' public streets
.$! :
$8 witl~tirawnli.011: its control.
4:.
-
62. Collected sewage, etc., to belong to ni ~nicipalcounc!l.
63. Power of Baard of Revenue to transfer control of endow-
ments to municipal council.
64. Inventory of municipal property.
65. Limitation OF pov!slbto accept property in trust.
*).g..
%*e%
s ,t:
66. Objects not provided f o ~by this Act.
ig*a,c 67. Procedure for ncq u i s ition of im~novableproperty under
..
_.*
the Land Acquisition Act, 1894.
.>
i
I

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,
* I

q'
*, L
kg" '
.
>.
'2 70. Establishment of n~~nicipal
council.
&.\
"I'

71. The secretary, the health ~fficerand the engineer.


it
*?
*:!, L

2bs
.
72. Filling up of the appointment of health officer, engineer
2:-
z~--
r, *
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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.- --,
"

District Munici tlalitics

73-A. Power of State Government to transfer ofiicers .


servaufs of rnunicipalities.
-.
14.Pcwer :f :?cnci! f r u , e i<:*::i.;
- - --
-,.#rtdaticns,
a-
,3.Paat'.: : - -
: 3-zsr. 3?nha;~. .-2 "-. - - : 3r,7kzz5*
-*-:

76. Power 1.0 grant leave to establishment.


76-A. Power of Stnte Government to appoint health offloo
c~lginccror clcctrienl enyiaccr.
7 1. Special provisions regarding Government servants lent to%$
1%2!
council. . .?th .,ii

77-A. Provincialization of any class of municipal officer


servants.
77-5. Management of certain municipal colleges and appo
ment of staff, etc., thereto.

4 i

PART 111.
Via-TAXATION .IND FINANCE.
CHAPTER :g,.
. ;-.>A
78. Enumeration of ordinary taxes and powers of control of'?:!
State @overnmerAt. .Z
?"

78-A. Duty on transfers of property. -s 9


>,*.&
' 4
.%,
79. Special taxation. F
-.fp<
$ j:'
80. Notification of new taxes. :. - &j, 3 "

80-A. Saving for certain provisions of the Constitution. .:.':

The property tax.


\
81. Description and classes of property tax.
81-A. Levy of property tax on a direction by Government,
82. Method of assessment of property.
83. General exemptions.
84. Taxation to be uniforn~.
85. Property tax a first charge on property.
I
86. Property tax when payable,
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District Mzmicipnlities I1920 :T.N. Act V


-,P"
:n-, ,
S
i SECTIoNS.
fk& .
.d r
r

-87. Vacancy remission.


88. Obligation of iran~ferorand tranderee tot five notice of
transfer.
89. Owner's obligation to give notice of construction, recon-
struction, or demolition of building.
90. Reinission of tax in areas il~cludcdor excluded in the middle
of a half-year.
9 1. Power of execu~iveauthority to call for information and to
enter upon prcinises.
92.. (Omitted.)
Profession tux.
-. .: 93. Profession tax.
94. Liability of members of firms, associations and joint Hindu
families to profession tax.
94-A. Liability of servants or agents to profession tax.
95. Service of notice on failure of payment of tax.
95-A. Statements, returns, etc., to be confidential.
96. Requisition on ovlncr or occllpier to filrilish list of persons
liable to tax.
97. Requisition on employers or their representatives to furnish
list.

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

103. Grant of licence on payment of tax.


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Tax ort cnrts.


105. General provisions regarding cart-tax.
106. Power to remit tax.

Is
:4
Taxes leviable under sections 98 and 105.
3 I

106-A. Prepayment of municipal tax condition precedent to regis-


tration under Tarnil Nadu Act V of 1911.
;?*

Powers to seize carriages and carts not bearing nunzbers.


107. Seizure of vehicles not bearing, n~~mbers.

TUX012 s ~ I * ~ u n t s ,
108. General y revisions regarding servants' tax.
109. Power tocall for lists of servants.
il

110. to 114. (Omi tied.)


I?,

7
115. (Omitted.)

6 ..
Pilgrim tax. I
,"

#$
.

I . rLyi
-:A
I 4.

116. Levy of pilgrim tax. ,-


...
;eA
Duty on Tranrfers of Property.
i9
@
:
*$

116-A. Method of assessment of duty on transfers of property .*.!$;A


1 16-8. Provisions applicable on the introduction of transfer & .
/.I*

2z

'J 'I.

to make rules regarding assessment an


sfera duty.
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i
Generalprovisions regarding tn-wtion arzdjirzance. i
I

117. Power to exempt from taxes. I

118. Power to write off irrecoverable taxes, etc. 4


119. Definition of municipal fund. 1
120. Budget estimate. I
121. Revised or supplemental budget. I

122. Appoiiitment of auditors of accounts.


123. Contributions to expenditure by other local authorities.
-
124. Applicatic o f Scheciule TV.
;;4-~. Re,,very of loans and advances made by the State
Government.

PART 1V.--PUBLI C HEALTHSAFETY AND


CO NVENl ENCE.
CHAPTERVTL-WATER-SUPPLY,LIGHTING
AND
DRAINAGE.
water-Supply- Vesting of works and powers of nq~inicipal
authorities.
125. Vesting of works in m~lnicipalcouncils.
126. Construction and maintenance of water-works.
127. Trespass on premises connected with water-supply.
128. Prohibition of bui.dirg over water mains.
t

k
Supply for domestic use.
a,*
X?

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.
. .
I i
.- - . " -
1
pt
,

-&.-II^-
3
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Cutting off M J t~~r-,-.rz,ipp.


lj)

134. Power to cut off water-supply.


135. Non-liability of council for reduction or stoppage of sup-
ply in certain cases.

~ i g hing.
t
136. Provision for lighting public streets.

Public drainage. I

137. Maintenance of system of drainage by council. )

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

141. Power of executi~eauthority to drain premises in combi- - ,iq ,

nation. ? p2$ ,
<
jk
ilr,
.: ?.;*q:;
$$;- $;&g*
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556 District Murzicipalil ics [I920 :T.N. Act V .

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.

150. Power to carry wire, pipes, drains, etc., tllrough private


property subiect to cac~i.:; . :; lit.t?e inconvenience as
possible and baying for direct dalnage.
151. Prohibitioil aga i11:;l making connexion wit11 mains without
permission.
152. Powers in respect of works outside the municipality.

153. Municipality to arrange for the removal of rubbish and


I filth.
154. and 155. (Omitted.)
156. Contributions from persons having control over places of
pilgrimage, etc.
157. prohiloition of improper disposal of carcases, rubbish and
filth,
158. Prohibition against keeping filth on premises too long, etc.
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i+L-.-L.L&-

1920 :T.N. Act V] District Dfzlnici'?crlities

~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. -.
, , f
a L
i *

175. Owner's obligation to make a street when disposing of land


*2tk:

y:-%
.q
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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558 District ~l~linicipalities 11920 :T 3 . Act V

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

189. Naming of public: streets.


Nwltbers on buildings.
190. Numbering of buildings.

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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".
-
0-
&*--a- - > - --- -
2 " ~

1920 :T.N. Act V] District Municipalities


SE~ONS,
Buildings olher than huts.
.
197. Application to construct or reconstruct building.
198. Necessity for prior approval of site.
199. Prohibition against commencement of work without per-
mission.
200. Period within which executive authority is to signify
approval or disapproval.
201. Period within which executive authority is to grant or ',
refuse to grant permission to execute work.
202. Ref~renceto council if executive aathority delays grant
or refusal of approval or permission.
203. Grounds on which approval of site for, 0.: licence to const-
ruct or reconstruct building, may be sc:fused.
204. Lapse of permission.
205. Power of executivc autl~orityto requil-c. a.lc~.a~ioil
of work.
206. Stol3pagc of work clidai~geringhuman life.

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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,y";,
____I_ee

560 Dist rii-t Municipalities [I920 :T.N. Act V


- SECTIONS.
Exjtrer*frlll\kqrlls, (dterations ulrtl trtkditi~fl~.
2 14. Maintenance of exicrnal walls in.repair.
215. Application of pro'ii:;ions to alterations and additions.

P O ' O ML'J' C executive uuilzority.


~ ~ the
216. Denlolitiol~ or alteration of building work unlawfully
commencetl, carried on or completed.

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.

223. Prolibitioa of construction of wells, tanks, etc., without


the permission of the executive authority.
224. Filling in of pools, etc., which are a nuisance.
225. Regulation or prohibition of certain kinds of cultivation.
226. Cleansing of insanitary private tank or well used for
drinking. ' i

227. Duty of council in respect of public well or receptacle


of stagnant water.
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227.~. Public well, etc,, open to all.


228. Prohibition against or regulation of wasliing animals or
clothes or fishing or drinking in public water-courses,
tanks, etc.
229. Provision of public wash-houses.
230, prt>lribitionng:\ilist washing by wi~shr.rn~sn
at unauthorized
* places.
231. Prohibition against defilirrg water of tanks, etc., whether
public or private.

Control over abandoned lands, untrbl~rlzedhedges, ctc.


-
232. Untenanted buildings or lands.
233. Removal of filth or noxious vegetatlon.
234. Fencing of buildings or lands and pruuing of hedges and 4
:,::
I -

trees. L$
r r

Control over insanitary buildings.


- . -l? 1--.:lA:4**m
235. Limewashing and cleansing 01 DU L L U L L L ~ ~ .
wg
236. Further powers with reference to insanitsry buildings. -34
237. Buildings unfit for human habitation.
-. . q

Abatement of overcrowding u
&

238.
place.
Control over certain anitnals.
239. prohibition against feeding certain animals on filth.
. .. . .
, +
,,:-- boonin nni mal
24.0. Prohlbltlon a & d L u D ~ a w u y l - t , -------
A So to be a nuisance
or dangerous.
- . L .--- ,.,-A TIAmE
241. Power to destroy stray pip aLIu UV6~.

General.

when there is no owner or UC~L.L~L,,L. ;&


243. Limitation of compensation.
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District Municipalities [I920 :T.N. Act V

CHAPTER AND FEES.


X Ij .--LICENCES

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.

254. Provision of nlunicipal slaughter-houses.


255. Licence for sla ughter-houses.
256. Slaughter of animals during festivals and ccrcmonics.
257. Slaughter of aniinals for sale as food.
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1920 : T.N. Act V3 District Muni cipalitic?~

SECTIONS.
Tlze nzillc trade.
258. Regulation of milk trade.
.

Markets, butchers, fishmongers, ha~,~kera.


. I
259. Public markets.
260. Powers in respect of public markets.
261. Control of the executive authority cjver public markets.
1
262. Licence for private market.
262-A. Fee for licence.
263. Sale in unlicensed private markets.
264. Powers of council in respect of private markets.
265. Suspension or refusal of licence in default.
266. Prohibition against nuisances in private markets.
267. Power to close private markets.
267.~.Acquisition of rights of private persons to hold private
markets.
268. Duty of expelling lepers, etc., from markets and power to
expel disturbers. 5

269. Butcher's, fishmonger's and pulilterer's licence.


270. Power to prohibit or regulate sale of articles in publie
,
streets.
270-A. Decision of disputes as to whether places are markets.
i
Cart-stands.
I
1

270.~.Provision of public cart-stands, etc. l1


270-c. Prohibition of use of public place or sides of public
street as cart-stand, etc.
270-11.Recovery of cart-stand fees, etc.
270-E.Licence for private cart-stand.
1/ ii
125-13--36~. 1
'
i
1
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SECTIONS.
In.spectior of places for sole, etc.

271. Duty of executive authority to inspect.


272. Powers of executive authority for purposes of inspection.
273. Preventing i~lspectiotlby executive authority.
274. Power of executive authority to seize diseased animals,
noxious 4, etc.
275. Removing or interfering with articles seized.
276. Power to destroy article seized.
277. Production of artic!es, etc., seized before magistrate and
powers of niagistrate to deal with them.

Disposal of the deud

278. Registration or closing of ownerless places for disposal of


the dead.
279. Licensing of places for disposal of the dead.
280. Provision of burial and burning grounds and crematoria
within or without ~nunicipality.
281. Register of registered, licensed and provided places and
prohibition of use of other places.
282. Report of burials and burnings.
283. Prohibition against use of burial and burning grounds
dangerous to health or overcrowded with graves.
284. Prohibitions in respect of corpses.
285. Grave-diggers' licence.

XIIT.-VITAL STATISTICS
CHAPTER AND TEIE PREVENTION
OF DISEASE,

Vifnl statistics,

286. Compulsory registration of vital statistics


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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

289. Power of entry into suspected places.


290. Disinfection of buildings and articles.
29 1. Provision of places~for~disinfection and power to destroy
infected articles.
292. Prohibition against transfer of infected articles.
293. Power of council to prchibit use of water likely to spread ,
infection.
294. E::ecutive authority may order removal of patients to
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.

PARTV.-SUBSTDTARY LEGISLATION AND


PENALTIES.
XW.-RULES, BY-LAWS
CHAPTER AND REGULATIONS.
Rules an^ sdh'ediles.
303. Power of State Government to make rules.
304. Rules and notifications to be placed before the Legisla-
trrr e,
305. Power of State Government to alter scttedules.
305.~ ~go.acedurefor the making of rules under section 390.
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District Municipalities
SECTIONS.
By-la ws.

306. Power of council to make by-law.


307. Power to give retrospective effect to certhin by -laws.
r
308. Penalty for b'reacl~esof by-laws.
b
309. Conditions precedent to making of by-:aws.
i 3 10. Confirmation of by-laws by State Government..

and regtilatiofis.
Publication q f rules, by-ZL~IVS

311, Cdpies of Act, r u b and by-laws to be sold. at municipal


office.
312. Publication of regulation^.

313. General provisions regarding penalties specified in the


shedule.
314. Penalty for acting as councillor, chairman or vice-chairman
when diqqualified.
3 15. Penalty for acquisition by nlunicipal officer of interest in
or work.
316. Penalty for omission to take out licence for vehicle or
animal.
I
317. penalty for unlawful building.
318, (1) Notice to scavengers before discharge.
(2) Penalty for withdrawal of scavengers without notice. '
(3). Application of sub-sections (1) and (2) to other muni-
cipal servants.
319. Wrongful restraint of executive authority and his dele-
gatee.
-
320. Penalty for not giving or giving false. information.
I

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1920 :T.N. Act 17 District M t 1 ) t i c i ~ ~ l i r i c s $67

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. '

324. Power of persons conducting election and otl~erenquiries.


325. Suillmons to attcnd and give evidcncc or produce docu-
metlts.
Not ices, e t C.

326. Form of notices and permissio~s.


327. Signature on documents.
328. Publication of notifications.
329. Publication of by-laws, notices, orders, etc.
330. Notice of prohibitions or setting apart of places.
331 . Method of serving documents.
Relation of occupier to owner.
t '
332, Recovery by occupier of s t ~ mleviable from owner. I

t'

333. Obstruction of owner by occupier.


I
334. Execution of work by occupjer in default of owner. I!!!
Powers of entry and inspectian of the e se-zrtive authority.
335. Power of entry to inspect, survey or execute the work.
336. Power of entry on lands adjacent to work ;.
337. Inspection and stamping of weights and measurag.
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5 68 District MunicQwlities [I920 : T.N. Act V


SECTIO'N~,
Power lo enfosce Iieerzsing provisio~ls,orders, etc.
338. Consequences of failure to obtain licences, etc., or of
breach of the same.
339. Time for complying with order and power to enforce in
default.
340. Recovery of expenses from persons liable and limitation
of liability of occupier.
341. Relief to agent and to trustees.
342. Power of executive authority to agree to receive payment
of expenses in instalments.

P a w e n t of conzp'ensation, etc., By and to the municipality.


343. Power of municipality to pay compcnsation.
344. Recovery of sum due as taxes.
345. Limitation for recovery of dues.
346. ~roc6durein dealing with surplus sale-proceeds.
347. Persons empowered to prosecute.
348. Imprisonment in default of payment and application of
costs, StC.
349, Payment of compensation for damage to n~unicipalpro-
perty.

Legal proce~~di~lg~s.

350..Institution of suits against municlipal authorities, officeta


and 3erVE nt s .
351. P ~ O V ~respecting'
S ~ O ~ Sinstitution, etc., of and
actions and obtaining of legal advice.
351-A Power oPe!ection authority to defend himself, if sued.
351-B.~njunctionsnot to be granted in election proceedings.
352. Indemnity to the: Government, collector, reyerrue divi-
sional officer, municipal authorities, officcrsand agents,
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,
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1920 : T.N. Act V] District M~ruicipalities 559 ii


I;I

353. Liability of chairman, members and executive authority


for loss, waste or misapplication. I

353-A. Sanction for prosecutioll of chairman, councillor, or


executive authority.
354. Assessments, etc., not to be impeached.

Police.
355. Duties of police officers.
356. Power of polize officersto arrest per::ons.
357. Exercise of powers of police office; by municipal servants.

358. Application of term ' public servant ' to milnicipal officers,


agents and sub-agents.
359. prohibition against obstruction of munic;pal authorities,
servants and contractors.
360. Prohibidon against removal of mark.
361. Prohi bition against removal or obliteration of notice.
362. Prohibition against unauthorized dealings with public
place or materials.

State Government's power of delegation.


363. Delegation of powers by the State Government.

Tvan8itional and transitory provisions. .-


364. Passing of property and rights to municipality as reconsti-
tuted,
365. Commenceme~ntof Act.
366. Continuance in office of present chairman and ~ o u n ~ i l l o r ~ .
367. Procedure for recovery of arrears of taxes, etc.
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District Mzinic..ipnlities [1920 : T.N. Act V

368. Special provision in thg case of newly constituted and re-


constituted municipal councils.
3'69. Adjudication of disputes between local authorities.
370. References to chairman in other enactments and notifica-
tions, e t ~,issued
. thzrcunder.

Schedule T.-Enactments repealed.


Schedule $1.-List of hi11 stations.
Schedule IT?.-Rules regarding proceedings of the council.
Schedule IV.-Taxation and Finance rules.
Schedule V.-Purposes for which premises may not be used
without a licence under s~ction249.
Schedule V1.-List of darlgerous diseases.
Schedule VI1.-Ordinary penalties.
I
Schedule VII1.-Penalties for cont inuii~gbreaches.
I
Schedule I X.-List of municipalities for which commissiooers
shall be appointed.
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1929 : T.N. Act V ] District M u ~ i c i p n l i f i ~ s 571

'[TAMIL NADU] ACT No. V OF 1920.2

(Received the assent of the Governor on the 5th May


1920, and that of the Governor-General cyr, the 15th
June 1920; the assezt of the Governor-General was
first published in the Fort St. George Gazette oJ
the 19th June 1920.)
An ~ ctot consolidate and amend the law
*elating to District Municipalities.

WHEREAS it is expedient t o consolidate and amend Prearnbl :.


the law relating to district municipalities in the 3[State
of Tamil Nadu] and whereas the previous sanction of
the Governor-General h.as been obtained under section
79 of the Government or' India Act, 1915, to the passing
of this Act ;---Tt is herebly enacted as follows :-
-
I T h a e words were substituted for the word "Madras " by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by t h e
Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force 017. the 14th January 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette,
Extraordinary, dated the 3rd November 1919, pages 168-170 ; for
Report of Select Committee, see Fort St. George Gazrtte, Part IV,
dated the 10th February 1920, pages 87-97 ; for Proceedings in
Council, see ibid, 1919, Part IV, dated the 23rd Decembe,~1919, pages
1370-1378 ; ibid, Part IV, dated the 6th Januar;~ 1920, pages 2- 11;
ibid, Part IV, dated the 11th May 1920, pages 491-626 ; ibid, Part IV,
dated the 18th May 1920, pages 528-606; ibid, 1920, Part IV, dated tho
1st June 1920, pages 608-652 ; and ibid, Part IV, dated the 8t!1 Juile
1920, pages 654-690.
This Act was extended to the merged State of Pudukkottai by scc-
tion 3 of, and the First Schedule to, the Tamil Nadu Merged e , '~- s
(Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extended to the transferred territory comprising the
Kanyakumari district and the Shencottah taluk of tho Tiru~lelveli
district with effect on and from the date of the commencement of
the Tamil Nadu District Municipalities (Extension to the Transferred
Territory) Act, 1959 (Tamil Nadu Act 4 of 1959) by section 3 of the
said Act.
3 This expression was substituted for the expression "Presidency
of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970,
which was dcenicd to have come into force on the 14th January 1969.
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572 Distjqict Miuticipalities [I920 : T.N. Act V


PART I.

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
. * I
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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1920 : T.N. Act V ] District Mitni~i~cltities 573

(3) ' Buildir~g' incltides a houee, out-house, B~ilding. G

stahlo, latrine, shed, hut, wall (other than a boundary


wall not exceeding elght feet in height) and ally other
such stru c t ~ r ewhether
, ot masonry, bricks, wood, 1
mud, metal or any other material whatsoover.
(4) ' B~ildi.ng-liilc' means
line which is in 'Building-
o,
rear of the street alignment md to which the main wall line'.
of a building abutting on a street m2y lawfully
extend.
' [ ( 5 ) ' Carriage ' moans any whec!le? vehicle 'Carriage.'
with spriiigs or other appliances acting a9 .ipril~gsaiid
illcludes ally kind of bicycle, tricycle, rickshaw and
palanquin, but does i l o ~illbiude a n y motor vchicle
within the meaning of the India11 Motor V~llicles
Act, 1914?
( 6 ) ' Cart ' irlcll~des any whceled vehicle which 'cal.t ..
is not a carriage but does not include any motor
vehicle withill the meaning of the Indian Motor
Vehicles Act, 19142].
(7) ' Casual vacancy ' means a vacancy occurr-
jag otherwise than by efflux of time 3[ . . . . . . . . . . ] vacancy9.
and 'casual election' means an election held on the election'.
'Casual
occurrence of a casual vacancy. j

'Company' means a company as defined cCompany9.


4[(8)
in the Indian Companies Actr 1913,* or formed in
lentral
11 pursuance of an Act of Parliament 5(of the Uuited
of1913. -
1 These clauses were substituted for the original clauses by Schedule
I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu
Act 111 of 1931).
1 a Now the Motor Vehicles Act, 1939 (Central Act 11' of 1939).
8 The words "in the office of an elected councillor, dice-chairman
0 chairman " were omitted by section 4 (ii) of the Taslil Nadu
Dijtiict Municipalities (Amendment) Act, 1930 (Tamil Nadu Act
X of 1930)'
4 This clanse was substituted for the original clause by section 4(iii).

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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274 d i ~ t r i c t Mtt,licipO.liti~~ [I920 : T.N. Act V

K.ingdon1) or of Ijoyal Charter or Letters Patent, or


of an Act of the Legi~latureof a British Possession
and includcs m y firm or association carrying on
business in the of Tamil Nadu] whether
St~t.t-
incorporated or not and whether its principal place
of business is situated in the 2[ said State] or not.] -.
'Election 3L(8-A) 'Election authority' means such autho-
authority'. rity not being the chairman or vice-chairman or a
coullcillor as n ~ i ybe prescribed.]

'Eur op :an'. 3[(8-B) 'European' means any pars011 of Euro-


pean descent who either was borri in or has a domicile
in the United Kingdom or in any British Possession
or in any 4[part of India,] or whose father was so born
or has or had lip to the date of the birth of the person
in question s uch a domicile-]
'Executive 6[(8-C)'Executive authority' means-
sut h o ri ty9.
(i) in the case of municipalities included in
Schedule IX or notified under sub-section (1) of
section 12-C, the cotnmissioner, or if there is no
oommissioner in charge, the chairman ; and
. (ii) in the case o f other municipalities, the chair-
man.

1 This expression was substituted for tile expression "Presidency


of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970,
which was deellled to havc come into force on the 14th January 1969.
a These words were substituted for the words "said Presidency''
by paragraph 3(i) of, and the Schedule to, ihid,

J
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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192U : T.N. Act V] District M~~nicip~Zizies

Explanation.-A lcommissioner shall be deemed to


be iii charge when he is absent on casual leave.]
(9) ' Filth' includes sewage, night-soil, dung, 'Filth'.
dirt, putrid and putrefying substances and all offensive
matter.
\

(10) ' Hill station ' means a place specified in 'Hill


Schedule 11 and includes ally other place which may station'.
be notified by the '[State Government] as a hill
station. <

(11) 'Hut' means ally building which IS ~ , n s -. H U ~ . '


tructed principally of wood, mud, leaves, grass or
thatch and includes any teniporary stlucture of what-
ever size or any small building of whatever material
made which the council may declare to be a hut for
the purposes of this Act*
2[(1 1-A) ' Indian Chrjstja-n ' means a native of 'Indian
India who is, or in good faith claims to be, of ullnljxed Christian'.
Asiatic descent and who professes any form of the
I1
Christian religion-] , . !

, (12) ' Latrine ' includes privy, water-closet and 'latrine9. S


urinal.
I
-
'[(12-13) ' Local authority ' includes n canton- b l o c a l
- .I "\1
r Jd

men t authority.] authority'. >I


(13) ' Municipal office ' means the PI-i ilcjpal 'Municipal
of ally lnuL3ic;pal CX;:~:!~ office.' 1
- - - _ _ _ -
The words " Provincial ~overnmgnt" were S~bstitutedfor the
1
words " Local Government" by the Adaptation Order of 1937 and
the word a State " was substituted for "Provincial " by the Adaptation
Order of 1950.
a This clause was inselted by section 4 (v) of the Tamil Nadu Cistrict
Municipalities (Amendmerlt) Act, 1930 (Tamil Nadu Act ,Y of 1930)
8 Clause (12-A) was omitted by the Adaptation Order of 3937.
4 This clause was inserted by section 4 (vi) of the Tamil Nadu
District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act
?
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(14) l?uisance ' includes any act, omission, '

place or thing which causes or is likely to cause injury,


danger, annoyance or offence to the sense of sight,
smell or heurillg, or which is or may be dangerous t o
life or injurious to health or property.
'Occupier'. ( 15) ' Occupier ' iilcludes any person for the
I
time being paying or liable to pay to the owner, the
r.erltor any portion 01 the rent of the land or building
or part of the same in respect of which the word is
used.
'Ordinary l~(16)' Ordinary vacancy' meails a vacancy
vacancy'.
'Ordinary occurring by eBIux of time and ' ordinary election'
electio 11'. means an election held on the occurrence of an
ordinary vacancy.]
tOwncr'. (17 ) OWller ' includes ( a ) the person for the
tillle &ng receiving or entitled to receive whether on
his own ilccou~~t or as agent, trustee, guardian,
manager or receiver for another person, or for any
religious
+ or charitable purpose the rent or profits of
the property, in connexion with which the word is
used, and (b) the person for the time being in charge
of the animal or vehicle, in connexion with which the
word, is used.

( 18) ' Palanquin '


includes tonjons, manchils and
chairs carried by men by means of posts, but not
slings or cots used for the conveyance of children or
aged or sick people.

(19) ' Prescribed ' means prescribed by the


'[State Government] by rules made under this Act.
1 This clause was substituted for the original clause by section 4(vii)
of the Tamil 1qadu District Municipalities (Amendment) Act, 1930
pamil Nadu k t X of 1930).
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=
$a4
*':I

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' <&+qt
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

( b ) the footway attached to any such street, ...:&


4-$
public bridge or causeTuay; and sx -,FS,F
.,
>..;
(c) the drains attached to any such street, .I FA
public bridge or causeway and the land, whether
covered or not b ~ anyf pavement, verandah, or other
structure, which lies on either side of the roadway upto
, t h b~undaries
~ of the adjacent property whether t.hat
property is private property or property belonging to
[the Government].
(22) 'Puhlic w;~lc~=coui~sca,
r i p v~cll:. :411d
il\cIutln t.h,~sc:I I ~ C ~1 ! 1 ~( 1 1 ~I
(:lllks' . hll(.ll We Lo,.-
cxtelll to give a prescriptive r~ghlto s ~ c uso. l~ courses,
etc.'
(23) ' Railway ' includes a tramway. 'Railway'.
(a)' Reconstruction ' of B bujlding includesL.-
(Llj the re-erection wholly or partiallv of a s ~ ~ u c ~ ~ o Q ' .
building after more than one-half of its cubical con-
teats k s been taken down or burnt dowfl, or has fallen
down
.,* '.
whether at one time or not ; -
1 ~ h e s words
c which occurred after the words "whether a thorough.
fare or not '' were placed before.those words by section 4 (viii) of the
q-adl ~ a d uDistrict Municipalltla (Amendment) Act. 1930 ( ~ ~ a
Nadu Act X of 1930)b
2The words "the Crown '' wem substituted for the word "Govern.
merit by the Adaptation Order of 1937 and the word 'c Governmmt.
wag substituted for *' Crown " by tho Adaptation Order of 1960,

125-13237 I
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, 578 District Municipalities


, [I920 :T.N.

(b) tt e rc-erection wholly or partially of an


bl~ildingof whicll an outer wall has been taken down or
burnt down or has fallen down to or within ten feet
of the ground adjoining the lowest storey of the build-
ing, and of any frame building which has so far been
taken down or burnt down or has fallen down as to
leave only the frame work of the lowest storey ;
(c) the conversion into a dwelling-house or a
pl.ace of public worship of any bu~ildingnot originally
constructed for human habjtati oil or for public worship,
as the case may be, or the convers!on into more than
one dwelling-house of a building orjginally constructed
as one dwelling-house only or the conversion of a
dwellii~pl~cuse i nic a factory ;
( d ) the re-ci,nversioninto a dwelling-house or a
place of public :vi)rship or a fxtoi-;~of any bu:'lding
w hjch has lico:~di sscmtinued as, or ~~ppropriatedfor
any purposc other than, a dwelling-house or i? place of
public worship c r f;~cloryas t h r casc may bc.
(25) ' Rcsidtxi~cc- ' Reside '.-A
9
person js
deemed to h u e 11;s 'residence' or to ' reside ' in
any house if he scsnetjmes uses any portion thereof as
a sleeping apsninent, and
I

I
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

'Salary.' (27) ' Salary ' mcans pay and ac~ingpay or


payment by way of convni'ssion and includes exchange
compensation allowances, but not allowances for
house-rent, carriage hire, or travelliilg expenses.

in
1
I-/:
These v,..;C~SUSZ
orib~d
were substituted for the words " return thereto "
LIL

by tion on 4 (LX) if the Tamil Nadu District


P
i
L

hlunkipafidn (.4mmh:rt) Act, 1930 (Tamil h d u A a X of 1930)."- --.- .* 2'~::- .'


4
&
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5: -
.
-5..
->
.
-xs' '.
<
.
--r
4*
s.5 ,-:.:
4 > : ,-.: -'> .-
v-tz r.
" . . .
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.' -

PART 11.--ESTABLISHMENT, CONSTITUTION


AND GOVERNMENT OF DISTRICT MUNICI-
VAIJTIES.
CHAPTER IT.-CREATIONAND ABOLITION
OF .MUNICIPALITIES.
4. (1) 2[Tl~e3(State Government)] may by notifi-
cation declare '(their intention)- munici- ,;$j
,f:
palities. . ..$ I

1 These clauses were substituted for clause (28-A) by section 2 (ii)


of the Tamil Nadu District Municipalities (Amendment) Act, 1973
(Tamil Nadu Act 17 of 1973).
2 Under section 192 (a) of the Tamil Nadu Pancllayats Act, 1958
(Tamil Nadu Act XXXV of 1958)read with the Tamil Nadu Adaptation * .
of Laws Order, 1969,as amended by the 7'arnil Nadu Adaptation
of Laws (Second Amendment) Order, 1969, for the words "The 1;
State Government ", the words "Subject to the provisions of :4
,r *
- U. i
section 6 of the Tamil Nadu Panchayats Act, 1968,the State Govern.. l r
ment " sllall be deemed to have h e n substituted in respect of a
panchayat development block. .* ga,
pl
i

8 The words t c Provincial Government " were substituted for the r s


p

words '' Local Government " by the Adaptation Order of 1937 and
the word '< State " was substituted for " Provincial " by the Adapta- ':i * %,

tion Order of 1960. &;


These words were substituted for the words " his intention in ,: ";"
original sub-section by the Schedule to the Tamil Nadu District 4%
unicipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930). I ,

125-13-37~
I
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*,
580 L)i,~trictiluuicipctlilies ~1920:T.N. Act \.

(a) to constitute as a municipality any town,


viliage, hamlet, bazaar, station or cther local area or
any sroap 0; the same in the jmn~er~iate neighbourhood
of one another ; Gi
(bj to ex;:lude iiom a municipal;ty any local
area comprised i!~crcin and defincd in suclz notifica-
tion ; or
with] o
(c) to ii?~i~i;il, a n: illlicipu!ity eny lor:el
area in the v:cinity t!;cr-ecf an4 defined in such noti-
fication ;
Provided ritat no co ntonrnellt shal I be included
within ainunicjpailly '[ .... . . . 1.
(2) Any inhabitant of a local area cbrtax-payer of
a municipality, in 'espect of which any such notifi-
cation has been p~iblishedmay, if ho desires to object
to anything therein contained, submit his objection
in writing to the 2[Stafe Government] within six weeks
from the publics lion of the notificztio~and the 2[Stztc
Government] shall take all such objections into consi-
deration.
(3) When six weeks from the publication of the
notification hnve expired, and the 2[State Govern-
ment] 3[have corlsidcred] tile objections, if any,
which have been submitted, "they may], as the case
may be, by notification declare to be a municipality,
or exclude fri~mor include in a municipality, the local
area or any postion ti-e~eo
f.
- - - - ----- -
1 'J'he words without thc sanction of the Goverllor-General in
~ ~ u n prevjowly
dl obtaiiled " were omitted by the Adaptation Cjrder
sf 1937.
The words "Provincial Goverr~lncn1'' we1;e substituted for
the words " ~ o z a lCi.ol8ernrnent" by :he Adaptation Order of
5937 and the word "State" W a s substituted for "Provincial" by
&e Adaptation Order cf 1 ? 5 ( ! .
a These words were substituted for tilo vdol'ds "has consi-
dered" in the original sub-section (3) by the Schedule to the
Tamil qadu District h4unicipalities (Amendment 1 Act, 1930 (Tamil
Nadu Act X of 1930)-
4 These words were sub!;ritutpd I"nr the words "he may"
L'
the original sub-sectictn (3) iibd,
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(4) This Act shall corns into force in, or cease to


app!y to, any municipality or part therecf, as the case
may be, on such date as may be specified in the notifi-
cation under sub-section (3).

z[~amil l[(5) If any local area in which the "?mil


Nadu] Tdadu] Local Boards Act, 1,920~is in force is consti-
Act xrv tuted as or included ir a mtlnicipality, the 4[State
lg2'* Clovernmcnt] may pass such orders at; they may deem

i fit as to the transfer to the r;ounc:jl of such inunicipality


or disposal othcl-wise of the assels or institutions of
any local board5 in the local area and as to the dis-
charge of the liabilities, if any, of such local board5
relating to such assets or jnstitutions.]
1 6[4-A. (1) Tlic State Governrmnt may, if a specific 'ownsMps
I motion is passed to that effect by both Houses of the
Legi slatt~re,declare any rnunicjpali ty or any specified
area thzrein to be a township if it is ail industrial,
labour or institutional colony or a health resort.
(2) In regard to any municipality or any area
declared to be a township under sub-section (I), the
I State Government shall, by ~otification, constitute
a township committee.
(3) A notification issued by Lhe State Governmen$
may direct that any functions vested i n a municipal
- -- -
1This sub-section was substitutrd for the original sub-section
by section 5 of the Tamil Nadu District Municipalities (Amend-
ment) A't, 1930 (Tamil Nadu Act X of 193C').
e These words were substituted for the ~v01.d"Ali~dra~" by the
TLalmilNadu Adaptation of Laws Order, 1969, ns nmcnded by
the Tamil Nadu Adaptation of Laws (Scc011d Amendrncnt)
Order, 1969, which cainc into force O u thc 14111 .January 1969.
3 Now the Tamil Nadu District Bosnia Act, 1920 (Tamil Nadu
A~~XIV of 191!0), which Act stands repealed in the Panchayat
dcvelopmrnt bloc*., LJ .: r k e of ssction 13 (i) of the Tamil
xadu Pancl~ayatsAct, 1968 (Tamil Nark Act XX)(V of 1958).
a ~h~ wibrcjs ''Provincial Government" wcrc substituted for
the u6Lol:al Government" by the Adaptation Order of 1937
and the word '-State9'was substituted for "Provincial" by the
~ d a p t a t i o nOrder of 1950.
s NOW the district board.
6 This section was inserted by section 2 of the Tamil Nadu
istrict Municipalities (~nlendmel~t) k t , 1959 (Tamil Nadu ~~t
of 1959).
A
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District Municipalities ~1920:T.N.Act


council by or under this Act shall be transferred to

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

on the table of both Houses of the Legislature


- -
This expression was substituted for the expression "State of
1
&IadraP9by the Tsn1'1 Nadu Adaptation of Laws Order, 1970,
which was deemed to hqve come into force on the 14th January
1969. #

- .- . r ..* __
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- - -- --- -- -
a < a

- -.<&.>:-c,q,i.$4
%' <: >
.r 3
;"

I
1920 :T.N. Act V] District ~Unicipalities 583 f:

and shall be subject to such modifications by vay of


amendments or repeal as the 1,egislature may make "+
either in the same session or in the next session.
Explanation.-In this section, the term ' industrial, 3 \

labour or institutional colony' means any area .-


wherein the majority of the inhabitants are engaged . ,

in any industry or are labourers, or are connected <,

with any institution in the area in any mannet ".


I

"
I(

whatsoever.] , -
*@
.
, : t
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^ :-
;-
*,
:
(a) the '[State Governme ~ t ]shall, before -'1 *
_ ' ..
I'

;.
2[tl~eyissue] such notification, communicate to the
<
fl

. >. ,
/ municipal council the grounds on which acthey
" 3

propose] to do so, fix a reasonable period for the muni-


cipal council to show cause against the proposal and 4

consider its explanations and objections, if any ;


(b) the notification shall contain a statement
of the l[State Goverrlmentl's reasons and shall be
laid &[beforeboth 5(Houses) of the O(State) Legis-
lature].
(2) From such date as may be specified in such
notification, this Act and a!l notifications, rules,
by-laws, regulations, orders, diiections and
issued, made or conferred mder this Act, shall cease
- - I - -

1 Tho \vords "Provincial Govornmont?' wore stlbs tit~zted for


tho words "Local Government" by the Adaptation Ortler 1937
<-"

and the word, ''State" was substituted fur "Prc ~ i a i " by tho
-'T?

Adaptation Order of 1950.


2 These words were st~hstituteclfor the words "he issues9yby the
Scl1edule to the Tamil Nadu District Municipalities (Amendment)
Act, 1930 (Tamil Nadu Act X of 1930).
aTheso tvords wore substituted for tho words "hcr proposes'
by ibid.
4 These words weresubstituted for the words ''on the table
c f the Legislative Council" by the Adaptation Order of 1937.
6 This word was substituted for the word ''Chatrrbers" by
tl e Adaptation (Amendment) Order, 1450.
4 This word was substituted for the word "Provincialyy by thr
Adaptation Order of 1950.
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$84
w District Yulricipalities [I920 :T.N, Act V

to tipply to the arts previously co~lap~*ined in the


~tlunjcipality; I[tlte balance of the municipal fund
an3 all other propcrty vested in thc mcnicipzl council
and all its liabilities sk~aii starid tmnGferred to the
e(State) Gover~m~ut or to such local or other autho-
rity or to such officer or other person as they may,
by order, direct].

.&
' TI

,, OE M
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

- -2 -c ?.sr-. .- .:-;: )iy L.: 1912).


*- - = - --: L - - - I - - -
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Prj
It, +

or other t.ltactiixl1t shalt t)e ~ e s t ~\ Vt 11


i 11 I 11,) L ' q 1 t ~-
.
city of .suing or being sued in i t s corpol.:ltc ilikme,
of
.- 3 C q ~ p ~ Ilcl&yq
g . and trap.afei T;-.J:-~.'. :yov:~-
.. .- ..
f-: 0- :-I

Srt 2.. : : . czt:'i3;;ng A.


. - -'
. ,
-.< a .-,
. k t , ~
T
I

of doing oil things necessary for the purpor-e of its


constitution,
7. (1) '[The municipal council] shall consist of ConstiLutian
of comcil.
such number of councillors as may be notified by the
2[State Gow~ernment]
in accordance arith the following
table :-

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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11 gxct ed;ing 100,000but not exceeding


36

Exceeding 300,000 but not exceeding

r s olevery rnunicipalit~
2[(2) ~1 the coui~cillo
shall be elcctcd.

3) In l t l y wnicip.ality, the State Government


.* I-\
may, by nltifii.:-fj.on, from time lo time, reserve wards

)(, members of the Schedi~ledCastes,

(b) m:mbers of the Scheduled Tribes, or

(c) women

and determine the number of s~ichwards :


--
'

-___l_eLC
..C --
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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1920 :T.N. Act V] District Municipalities 5ip5g


,.
< .:--

Provided that no ward sha.11 be reserved fnr anv


'
-*7
a -
.
,re*?
'&q*
d
-,4;'

..+:
..*
,
A*
*
B&
#, "

of the cornm~r~itiesmentioned in clauses (a) and (b) if a% <,.;

at the last preceding census of which the relevant


figures' have been published, such community consti-
a
tuted more than one half of the total population of
the municipality.] k$*
-'$, &

'[(3-A) The total number of 2[wards] reserved


under sub-section (3) shall not exceed one-fourth
of the strength of the municipal coullcjl as notified
under sub-section (I ).I

(4) In reserving '[wards] for the cuhA-2unities


mentioned in 4[c1as.~es(a) and (b)] of sub-section
(3) the 5[State Government] shall have due regard
to their number, and importance.
(5) Nothing contained in 6[this section] shall be
desmed to ~ r e v e n tmembers of any community or
women, for khom 2 [ ~ a i dhave
~ ] been reserved there-
under in any municipal council, from standing for
election to the nomeserved 2[wardsl in the council.J

1 This sub-section was inserted by section 2 (iii) of the Tamil


Nadu District Municipalities and Local Boards (Amendment), Act,
1947 (Tamil Nadu Act I1 of 1947).
This word was sub~titutcdfor the word ccseats'' by section
3(ii) of the Tarnil Nadu District Municipalities (Amendment) Act,
1973 (Tamil Nadu Act 17 of 1973).
* Sub-section (3-B) which was inserted by section 2 (iii) of the
Tamil Nadu District Municipalities and Loeal Roards (Amendment)
Act, 1947 (Tamil Nadu Act TI of 1947) was omitted by section 2(iii)
of the Tamil Nadu District Municipalities (Amend nent) Act, 1950
(Tamil Madu Act XXIII of 1950).
4 These words, brmkets and letters were sub1;tituted f l ~ rthe
words, brackets add I d ters ' . C ; ~ L U ~ W<a)to (e)" by section 2(iv), ibid,
5 The words "Provincial Governmenst" were substituted for
the words "Local Government" by the Adaptation Order of
1937 and the word "State" was substituted for 6'Prcrvincial" by
the Adaptation Ordei of 1950.
i
rackets and figure
il Nadu Dis
Act, 1947 (T
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588

8. (1) l [ ~ kterm of office of councillors shall,


5 sav~asotherwiseexpresslyptovidedinthisAct,be
2[five years] beginning and expiring at noon on suc'h
date as the State Goverfiment may, by notification,
appoint in that behalf and different dates may be
appointed f ~ di'fferent
r municipzl councils :]
3[Provided that the State Government may, by
notification, for sufficient cause, direct that the term
of office of the ccou~lcillorsas a whole be extended
or reduced by such period not exceeding '[one year]
as may be xecified in the notification.]
- -. -
1 This parag rap11 was substituted for the first paragraph in
sub-section ( 1 ) of section 8 by scction 3 (i) of the .Madras City
Municipal Coip.~rationand District Municrpalittes (Amend-
ment) Act, 1958 (Tamil Nadu Act 10 of 1968).
T h e s e words wcrc substituted l o r ,the words " three years''
by scction 36 (1) of the Madras Cii-r Municipal Corporation
and Tamil Nadu District M u j ~ i c lalities
i (Amendment and
Extcnsio~io I(:: rn of ofi(:c) Act, i 9'7,~ ('TarnilNadu Act 22 of
'1

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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li(2) Ordinary vzcancjes in the ofice ofcounci!-


lors shall be filled at ordinary decti:~ns which shell,
subject t3 the approval of the State Government,
be fixed by tile election authority to take pl-c~ceoil
suc11 days within three months bef'ore the occurrence
of the vacancies as he t5inks fit :
i Provided that the State Gover~lmentmay, for
sufficient cause, direct or permit the holding of any
ordinary election after the occurrence of the vacancy.]
[(3) A councillor elected at an ordinary elec-
tion held after the occurrence of a vacancy shall enter
upon office forthwith but shall hold office ofily so
long as he would have been entjtled to hold office
if he had been elected before the occ~rrrenceof the
vacancy.]
0
"(4) A casual vacancy in the office of a councillor
shall be filled at a casual election which shall, subject
to the approval c f the State Government, be fixed
by the election auihority to take place as soon as
may be after the occurrence of the vacancy :
8

Provided that no casusl election shall be held


to fill a vacancy occurring within six months before
the date of retirement by eaux of time and that such
vacancy shall be filled at the next ordhary election.
(4-A) Notwithstanding anything contained in this
Act, the State Governnlent may, for s:lfiicier~t cause,
direct from time to time th3 pcstpnnernent or
alteration of thc date of anordinary or ccsual clcction
ar ally stage of any such election.]
1 Tllis sub-section was substituted for the original E - - ' ~ - Q F c ~ ~ o ~
(2) by section 14 (ii) of the Madras City Municipal Corporation
and District Ikfunicipalilie~(ilmendrnent) Act, 1962 (Tamil Nadu
&t 10 of 1962).
This sub-section was inserted by sectiom 7 (iv) of thc Tamil Nadu
District Municipal!ties (Amendment) Act, 1930 (Tamil Nadu Act X
of 1930).
8Theso sub-scctions were substituted for sub-section (4) b
section 14 (iii) of the Madras City Municipal Corporation and D.Y
trict Municipalities (Amendment) Act, 1962 (Tamil Nadu Act
of 1962).
yi
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*
I

i 590 District Municipalities [1920: T.N. Act V


[(5)] A councillor elected at a casual vacancy
l
shfai, enter upoil office forthwith but shall hold office
so long only as the councillor in whose place he is
elected would ]lave bee11 clltitled to hold office if the
vacancy had not occurred.
Procedure an ol-dill:lry 01 casual election held
9 . (j L
when no under section 8, no cou!~cilloris clectcd, a fresh elec-
councillor
electode tion shall bc liild on sucl~tl:ly as the election autho-
rity illay 1.k.
(2) If' at such fresh election no councillor is
elected, the co~~ncil may, in the manner prescribed,
elect a qualified person to fill the vacancy.
(3) The term of office of a councillor elected
under this 4ection shall expire at the time at which
it would have expired if he had been elected at the
ordinary or casual election, as the case may be.]

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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a 1920 :T.N. Act V ] District Municipalitfes


ali 591
1
a (4) A chairman shall be deemed to have vacated
his office on the expiry of his term of office as a coun-
cillor or on 11js otherwise ceasing to be a councillor.
i

Dt
I (5) A vice-chairman shall be deemed to have I

vacated his ofice-

(i) on the expiry of his terx of office as a


coui~cilloror on his otherwise ceasing to be a councillor;
or
I

(ii) on his election as chairman. ' .


. I

(6) When the office of chairman is vacant the


vice-chairman sha" exercise the funct:ons of the
chairman, until a new chairman assumes office.

(7) When the office of chairman is vacant and


there is either a vacancy in the office of vice-
chairman, or the vice-chairman has been contin~~ously p Ah

absent from jurisd:lction for more than fifteen days . 12$


a $

or is incapacitated, the revenue divisional officer shall,


after giving notice of not less than. seven clear days
to the councillors, convene a meeting for. the election
of a chairman and until a new chairman or vice
chairman is elected and assumes office, ar the vice-
chairman returns to jurisdiction or recovers from his
incapacity as the case may be, the revenue divisional
officer shall, notwithstanding anything contained in
this Act or in the rules or notifications issued there-
under, be ex-officio member and chairman of the
council.

(8) An out-going chairman or vice-t hairman is


eligible for re-election.

Explanation.-A new chairman or vice-chairman


shall be deemed to have assumed ofice on his being
declared elected as :;uch.]
0
, *
1 9.L

(. V'

.,&,V..&&,$&ri"IB,. .- -*
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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.

Chairman, '[12-B. No chairman, vice-chaiiian or councillor


vice-
0, shall receive or be paid, from the fullds at the disposal
councillor of or under the control of the council, any salary
not to or other remuneration fgr services rendered by him
receive
, ~WIIUIEGI- in any capacity whatsoever.]
tion.
Commissioners. [12-C. (1) A Commissioner shall be appointed
by the State Government in the case of each munici-
pality included in Schedule IX and in the case of
any other rntmnicip;lity notified by the State Govern-
ment in this behalf. Every notification issued under
this sub-section shall specify the reasons therefor.
(2) Tile Cotnmissiolxx shall be a wholetime ol%cer
of the municipality and shall not undertake any
work unco~u~ected with his office without the sanction
~,1.the municipal council and the State Government.
(3) The State Government may recover from the
n~unicipalcouncil concerned the whole of the rllsry
and allo~vancespaid to any Commissioner appojnted
under ss3b-section (I), and such contribution
towards his leave allowances, pension and provident
fund as the State Government may, by general or
special order, detennine.
(4) The State Government shall have power
$0 rimlate the methods of recruitment, conditions
of service, pay and allowances and discipline and
conduct of the Commissioners appointed under sub-
secti 3n (1) .] - , C . " C " - _ . ~ .-..- --
t Sectiolls 12 and 12-A were substitv tcd for section I 2 by section
11 of the Nadu District Municipalities (Amendment) Act.
1930 (Tamil Nadu Act X of 19:$0)*
Section 12-B was inserted by section 6 of the ~ ~ a d r Distric
as
Mun,icipalities(Ameitdment) Act, 1933 (Madras Act XV of Y933)-
3 This s:ction was subsiituted for section 12-C (which was insei
t . d by section 6,ibid) by scction 2 of the Tamil Nadu District Munic
- - ~ ; + ; cr:;c;o%d
s Amendment) Act, 1955 (Tamil Nad .Aot>XX;r!
m- " e
- --,_
- - * .$-,
. ..*"
?-
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9 1
*. -
t**&.%.
m*
- 4-
a= - -- -.

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

(b) convene tlw meetings of the council ; a ~ l t i


F
(c) perforin all the duties and exercise a3 the : 'i

powers specifically imposed or conferred 031 tbc


chairman by this Act .]
Functions
l[13-A. The executive authority of t1lc rn!:~? y : l of r 8 . 4 ill,;
cxccu t ive
cc;mcil sl~all- authority.
(a) carry into effect the resolutio~ls01tile cot;ri;i:;
(b) furnish to the council such periodical reports
regarding the progress made in carrying o u r the
resolutions of that body in the collection of ta-* i L-.-d 2.S
the council may direct ; and
(c) perform all the duties and exercise a!i ihc
powers specifically imposed or conferrc d oil 1: ~ e
executive authority by this Act and subjeci, v:ic,.. ,.;;
jt is hereinafter expressly so provided, to t1.e :,<rii i.o:i
of the c~uncil,and s~tbjecttoall other ;<stria I-,.*

limitations and conditioils l~ereinafterimposed. c:, <!--


else the @~@Wivepower for the purpose of cai ;.y i:!;;
out the provisions of this Act and be directly ic.5-
ponsible for the due fulfilment of the pl-1rpos:s of'
. this Act.]
1[13-B. In the case of municipalities i:icli~?;d Rights of
,
Schedule IX or 11otif.d urd?:- o~ib-ssction( l ) o l 0 ~ c cchairnlarl
,1, -
tion 124, the -hairman shall have fill1 access 1 % ) 311 commis-
the records of the m~micipalcouncil and 120 o%-ia] sionerhas
- d II_--. . . - . _ _ __ ._ _ _
_I-n

i Sectiol~s13,13-A ; L I Z ~13-P,and the heading t!:cr.;to wcrc xltirsii.


,,ted forthe original seetic11 13 and the heading thereto by section 7
of the Madras District 1Iunicipalities (Amendmcnt) Act, 1933
&as Act XV of 1933).
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, ,.

correspondence between the council and the '[State


Government] shall be conducted except through the
chair. nan. The chairinan
- A
- - - to trans-
shall be bound .*
mit c;ommunications addressed through him by tne
commissioner to the l[State Government] or by the
'[State Government] to the commissioner:]

The 1[14. The chairman shall by virtue of his office be


chairman a member of every committee of the counci1.f
to be
member
of every
commit tee
of the
council.
$3&
g:$, Emergency 15. The 3[executive authority] may in cases of
powers of emergency direct the execution of any work or the
executive doing of any act which would ordinarily rauire the
autharitv.
---------
sanction ot the council, and the immsdiate execution
or doing ot which is, i n his opinion, necessary for
the selvlce or safety of the public and may direct
that the cxpense of exe:uting such work or doing
sucll act :;hall be pilid f r o x the municipal fund :

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

( b ) he shall report the adion taken under th


seccjon and the reasons therefor t o the council at j
, next meeting. ---
I Tile words " rrovincial Government " Were substituted for
words Local ~overnmenl''by the Adaptation Order of 1937
thc word a state '"was s ubsiituted for " Provincial " by the A(
tatioiz Order of 1950.
2 Sub-section (cr) of the original section 14 was omitted and
scation ( 6 ) was renumbered as section 14 by section 13 of the T
h a d u District Municipalities (Amendment) Act, 1930 (TamjilP
,4ct X of 1930).
S'rhesc words wcre substituted for the word '' chai,n
by sectioll 17 (1) of the Madras District Municipalities (An
merit) ~ d t 1933
, (Madras Act XV of 1933).
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l[16. The executirre a u t h o r i t y may, without the power of


anction of the co~lncil, incl ~r potty conti ,iacrlt c r pro- e x % f l f l v ~
if;u.roit~r;j<lct~fitl
10 I lm t l l l l t ~ i ( , ; l f t t ~fl ~ i t f t t ~ j ~ ~ f i t 41114
~ ( I I I , ~ (
c&ding #[fillty IIJ j ~ ; s u Ji r l ca~lchcusct:
?kc-
y-?~-k%c
.'-* .. r:m dm C
%
-\I - L
c 3 - h : f 22 y&\-~>*il r i r ~b
a\*.+-+*
.*bkrsirc

dget framed by the council the modifications,


any, niade therein by the qState] Government ;
I,

i (b) the executive authority shall report any ex-


P
penditure incurred under this section and the reasons
P
!
thdrefor to the council at its next meeting.]

6(18. (1) The chairman may by an order in writing, andDelegation


devolu-
delegate 6[any of his functions including his functions tion of
as executive authokity if he is also the executive functions of
authority] to th3 vice-chairman : chairman,
I '

Provided that he shall not delegate any functions


which the municipal d o a n c i l expressly forbids him
to dr-legate.
--..--- -- ---,--

i This section was inserted b)l section 3 of the Madras District


Municipalities (Third Amendment) Act, 1342 (Madras
~ c XXXVIII
t 0 f 1942), re-enacted permanently i'.\ th specified
modifications by section 3 of, and the Schedule to, the Tamil Nadu
Re-enacting (No. 111) Act, 1948 (Tamil Nadu Act IX of 1948).
t These words wcro si~bstitutcd for the words ''twenty-f.ve
rupees"by tllc Tamil Nadu Re-enacting (NO' 1x1) Aci, 1948
(Tamil Nadu Act 1X 01 1948)-
8 This word was substituted f o r the word " Provincial " b v the
Adaptation Order of 19-50.
4This section was by section 15 of the Tamil Nadu
District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X
of1930).
8 This section was substituted for the original section by section
16, ibid
6Thesc words were substituted for the words " any of his func-
t i o n ~''by section 17 (23 of :he ~ a d r a District
s Municipalities
(Amendment) Act, 1933 (Madras Act XV of 1933).
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596 District Mun icfppcililies [I920 : T.N. Act

(2) If the chairman has been continuously absent


from jurisdictio.on for more than fifteen drr;rs or is
i~~capacitatcd '[his ful~ctlonsincluding allere he is
:.Is0 the executive autllority his functions as .such
excupt those of ] promcjting, w ithholdillg prorno-
tion from, reducing, r ~ m o v i n g or dismissing any
municipal ot5cer or serv~urt,sl~all,during such abser..:~
or incapacity, devolve oil the vice~chairman:
Pco uided illat where the absence from j urisdic-
tion of ';he cllairman is within the atstate of Tamil
Nadu'J and is*on business connected with the munici-
pality, the chairman's fitllctions sl~ailnot, except
to the dxtcnt, if any, to which fi~ilctionshave been
delegated by him under sub-section (I), devolve on the
vice-chairma~z.
(3j if the vice-chairman also has been continuously
absent from jurisdiction for more than fifteen days
0, is ii~apacitatedor if the office of vice-chair-
man is vacant, the chairman may, by an order in
writing, delegate 3[any of his functions including his
furct~onsas executive authority if he is also the cxe-
cuf ive authority] to any councillor who shall be styled
c~nairman-delegate' dul ing the period of delegation :
Provided that-
(i) when an order of deiegation made u at er
this sub-section is in force, no further order of dele
gatioll of any functions shall be made in favour 6
other than the counc;illor in whose favour tl;
order in force was made ;
~ ~ wordsh were e for the words "his functic
~ substituted
~
except t h e e of" by section 17 (2) of the Madras Dist!
(Amendment) Act, 1933 (Madras Act X V of 1932
%xunicipal~tles
z ~ ~ expression
~ i s was substituted for the exprfssion "F
drncY of Madras" by the Tamil Nadu Adaptation of Laws 01
y+rO which was deemed to have come into force on the 14th Jan
1969:
s These words were substituted for the words ''ant' nt' his
*' .by section 17 (2) of the Madras District h.lulticil
-.,rt,,leat) Ac5. 1933 \Madras Act XV of 1933).
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(i i) no delegation under this sub-section shall,


without the special sanction of the council, be made
for any period exceeding in the aggregate [ninety I

days in any year] ; and I

.> .,s
..li
(iii) every order made under this sub-section r ,r
' .;-1
shall be cornm~llicittedforthwith to the council and => 3

to the district collector.


(4) Subject to ally restrictions that the couilcil
may impose, 2[tl~echair ma^ may, where he is also the
executive author ity, by ~ r d e rin vdriting] delegate any
of his executive ril~::tiol~~ l"\r officer or Servant of
'r'

the council cr to any "servant of the Govern-


. rnei~tj.
,

(5) The exercise or discharge of any functions


delegated under sub-sections (I), (3) and (4) shall be
subject to such restrictions, limitations and conditions,
if any, as may be bid down by the chairman alid shall
also be subject to lzis control and revision. The
chairman shall also have power to control and revise
tl~eexercise or discharge of any functians devolving
on the vice-chairman under sub-section (2).]
P[~$-A:(I) (a) "he commi~~ionershall have the Rights and
right to attend the meetings of the cc7-uncil or Zillydutiespf the
commls-
committee thereof, and take part in the discussions sioner .
thereat but shall not have the right to move any
resolution or to vote.
--.---------- ,
-
These words were substituted for the words " ninety days
1
any year ill the c a w of any unpaid chairman nnd fiftcen days
the case of a paid chairman " by section 17 ('.) of the Madras
trict Municipalities (Anrcndment) Act, 1933 (Madr !s Act XV of

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.

Functions of 19. Subject to the provisions of this Act the municipal


muncil* ad~~n+,t;:;tion shall vest in the council, but the council
shall 11.21be entitlcd to exercise functions expressly
assigned by or under this Act or any other law to the
J[chair ma n or exeel; tive authority.]
Dutisr and 20. (1) Any councilfor may call the attention of
wwer'
individual the e~ectlfiveauthoi-ity] to any neglect in the execu-
wuncillors. tion o f m~~nicipalwork, to any waste of municipal
pxol;erty, or to the wants of any locality and may
suggest any improvements which may appear desirable.
--- -_1 w .

'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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(2) Every councillor shall haw the right to move


resolutions '[and] to interpellate the chairman on
matters connected with the municipal adxinistration
/ subject to such regulations as may be framed by the
f (3) Every councillor shall have access during
i office hours to the records of the council after giving
1
due notice to the 2[executive authority] provided that
the 2[executive authority] may for reascns given in
writing forbid such access.'
I
I

21. The council may at any time require the co,il.,


2fexecutiveauthority] to prod~~ce any 3[
document which is in his C U S ~ O ~ ~ .
....
] p,--v?erto call
for records.

i The 2[executive authority] shall colllply with every


sucb requisition unless in his opinion immediate
compliance therewith would be prejudicial to the
interests of the council or of the public, in which case
he shall make a declaratioll in writing to that effect
and shall, if required by the council, refer the question
to the district collector, whose decision shall be final.

22. The 2[executive authority] shall b ~ boui~d; to I

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.]
--C-.C-CCLC-C ------"--I

I This was inserted by section 17 of t t ~ eTamil Nadu Dis*


trict Municipalities (Amendment) Act, 1930 (l'amil P4ah-l Act X of
"chairn~an'' by
unicipalities (Amendment)

ence or othel " were omittad


ict Municir,alities (Amend-

don was substituted for the original section by "tic n

& '*:&+$p;
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itisi,-i c/ VtrniciyLilitics [I920 :T.N. Act V

Appoint- 24. It s l ~ ~be J l lawful for the ccuncil from time to


ment of spe- tkylc by t i rusoiution supported by not less than one-
cial corn- hr IT of the s:~:ictioi~edstrength of the council to appoint1
mittees.
. ..
#.

as ilLuubers of any committee any persons1[


who are ,151 coiincillors but who may in the ophon
oi. s ~icii a) 0 n . i l possess special qualifications for
servillg o ~a:icit
i committee. But the number of persons
so appointcil ~ A . I any coiumittez shall not exceed one-
tiliril sT i1.c total nunlber of nzembers of such corn-
rriitbe. C\j! the provisions of this Act relating to the
d u lies, po wexs, liabilities and disqualifications and
dlsabiiit~csoT co~lllcillorsshall, save as regards the
~ i on. the ground
i of "residence], be
app!it.aiji;:., :,o h r as may be , lo such persons.

25. ,l'i~cc,o~ulcilshall observe the rules in Schedule


Rules and
regulations III asid may make 3[ . . . . .
] regulatiom not
for pr octled- inconsistent therewith or with other provisions of this
iags of Act or any rules made by the '[State Government]
council,
1 i - ~ g a r di o ihe following matters :-

~ and place of its meetings ;


(n) b i ltime
(6) th: malines in w11ich notice thereof shall be
Cil
!Ii\
t
;

"(c) the preservation o f order and the conduct of


psoc:edings at meetings, and the powers, which the
chairmen may exercise for the 'purpose of enforcing
his dccisiuns on points of order ;]

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
;<

. A \ .\! i o-~crrnnenf" i>y illc Adaptation Order of 1937 ar,.:


t

v,,,' . . >
* $
L V ~ Sbubb.,ii[iltci1 i o r ~'TOV~IIC~ELI" by the Adapta-
* b

< ~ C > I L<,( ~.!<r


4,' I');J\'.

t t. .r;; ct , , irw ,,:as subsiitli~cct fur tile original clause by section


53 jii) ;hi. ' ~ z ~ LNadu
L District ivfullicipalities (Amendment) ACt,
3: . t; i ; n,!. ~.i:;cici Act X of 1930).
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(d) the division of duties arnong the members


of the council ;
'[(e) the constitution and procedure of com-
mittees ;]
2[Cf) the delegation of its powers, duties or func-
ons-
(i) to the chairman, a councillor, an officer or
servant of the council or 3[a servant of the Govern-
ment] ; or
(ii) to a committee constituted under clause (e)
or to its chairman or to any one or more of its members;]
([(&)I the persons by whom receipts ms y be granted
for money paid to the council ; and
4[(11)] all other similar matters.

6[26. (1) A council may , and if so required by the


a
"State Government] shall, join with one, or more
. than one, other local authority in constituting a joint
committee for any purpose in which they are jointly
interested or for any matter for which they are jointly
responsible.
__I__C..-- -- - -- _ -
IThis clause was substituted for the original c'nusc by section
21 (iii) of the Tamil Nadu Distt-ict Municipnlitics (.'.in(:ntllncnt) Act,
1930 (Tamil Nadu Act X of 1930).
2 This was inserted as clause ( f ) by sectioil 21 (iv), ihi:/.
s words " servant of the Crown " wcre sabst itulcd for the
words an oficecel. of Goverluncnt " by thc Adupialio~~
fi Ordcr of
1937 and the word Government " was substituted for " Crown '
by the Adaptation Ordcr of 1950.
4 The original clauses (f) and { g ) were relettered ns ciauses (g)
and (1,) by section 21 (iv) of the Tamil Nadu Dint1 ict M ~ l ~ ~ i ~ i p a l i ~ i ~ s
(Anlcndlllcnt) Act, 1930 (Tsmil Nadil Act X of 1930).

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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(2) A joint committee may include persons who


are not members of the local out hori ties concerned but
who may in, tllcir opinion possess special qualifica-
tions or special interest for serving on such committee:
Providea th.ai t'he number oi sll;i-1 persons sh2.11
not exceed one-third of the tot:&: numher of members
of the jo'm ( ornmittce.
'3) The colraiiiution of a joint committee shall
\
be by means of regulations which shall not, except in
the cascs SL'SCI.I.L'~10 in sub-scctions ( 6 ) and (7), 11ave
effect ~mlessasscntcd to by c;~chol'the local authorities
concerned.
(4) The regulations shcll determine-
(n) the katal number of tnemhers of the joint
committee ;
(b) the iui~mberwho shall be members of the
local authoritics co~cerizedand the number who may
be outsiders ;
(c) the persons who shall be members of the
joint committee or the nianncr in v~liichthey sllitll be
electeu b. appointed ;
( d ) thc p:rsoo who shall be chairman of the
joint committee or the manner in which he shall be
elected or appointed ;
(e) the rcrm of ofice of members and chair- *
inan ;
(f) the powers, being powers exercisable by
one or more o ' the local authorities concerned, which
1n:iy be exercised by the joint committee ; and

(g) the procedure of the j o i ~ ~


committee.
t

(3) Rqulatio~lsmade under sub-sections (3) and


(4) may be varied or revoked provided that all
local autborities concerlled assent to such variati
revocation.
-
C

4:
-4

2%. ,
L
:
;:$*
- - - -,
c--
I
. -

d+
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LatestLaws.com

(6) If the '(State Government) take act;-on under


sub-section (I), they may issue such directions as they
think necessary or desirable in respect of all or any of
the matters referred to in sub-sections (3) and (4).
(7) If any difference of opinion arises between
local authorities under any of the foregoing provisions
of this section, it shall be referrzd to the '(State Govern-
ment) whose decision shall be final.
The powers of the 3(State) Government
under this section shall, where one of the local authori-
ties concerned is a calitonmel~tauthority or the port
authcrity of a major port, only be exercisable wit11 the
concurrence of the C e ~ a r' ar!~-w~rn?le~.t].
27. All elections 4[ .
. .] of chairman, vice- Notification
chairman and membxs of municipal councils shall ofelection*
be notified in the 5[0ffidal Gazette].
f
28. s[(l) Every rneieting of the council shall be Presidency
/ presided over by the chairman ; in his absence by the
vice-chairman ; and in the absence of both the chairman
of council.

and the vice-chairman, by a councillor chosen


by the meeting to preside for the occasion].
(2) The chairman shall preserve order and shall
decide all points of order arising at or in comexion
1
1
with meetings. There shall be no discussion, on any
i 1 The words "Provincial Government " were substituted for the
words " Local Government " by the Adaptation Order of 1937 and
the word " State " was substituted for " Provincial " by the Adapta-
tion Order of 1950.
This sub-section was inserted by the Adaptation Ordet of 1937.
* This word was substituted for the word ",,Provilcial" by the
' Adaptation Order of 1960.
- 4 The words " and appointments" were omitted by section 23
of the Tamil Nadu District Municipalities (Amendment) Act, 1930
(Tamil Nadu Act X of 1930).
1These words were substituted for the aards " Fort St. George
Gazette" by the Adaptatdon Order of 1937.
, .*
@ This sub-section was substituted for the original sub-section by
m i o n 24 (i) of the Tamil Nadu District Municipalities (Amendment)
A& 1938 (Tamil Nadu Act X of 1930).
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point of order and the dtcision of the chairman +

on any point of crder sllall, save as is otherwise ex-


pressly providcd in this Act, be final.

(3) A vice-chairman or councillor presiding for ' '

the occasio I ehail, for that meeting, l[and during the


period that 11e presides over it], have all the Bowers of
the chairn1a.n.

30. (1) No co~incillorshall vote ont or take part in,


the discussion of any question coming up for consideia-
k tion at a meeting o f the council or *any committee,
if the questiorl is one in which, apart from its general
. application to the public, he has any direct or indirect
pecuniary interest by himself oi. his pariner.
f
1
t (2) The chairinan nlay prc~hibit any councillor
from voting or taking part in tht: discussion of any
matter in which he believes :*[;l!ch councillor] to have
'

t
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.

(4) If fh2 ch;irman is believed by any cou~lcillor . "<.


.+J
t present at tllc meeting to have any such pecuniary
.../ .
,\ "
interest in rrnjr matter under discussion, he may, if a
i
i
<<"

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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,
--------

1 These words \;e7z in;:^-ted by stct:oi~2 1 tii) of the Tamil Nadu


-- ----- -

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t District Munieipa!jiies iAmend!~lcnt) Act, 19 30 (Tamil Nadu Act
kp.
%$;*44. <a.
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X of 1930).
* , ,
2 This section v as onlitted by stction 25, ibir/.
,t &
;d
,' ,
a These words were si~bstitut~dtcr the wads dc such person'' '

by seetion 26 (i), ;'bid. . q

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, 1920 :T.N. Act Vj District Municipalities 665 '


Pa
i'

l[(5) The coullcillor concerned shdl not be


entitled to vote on tile question referred to in sub-
% , section (3), and the ch~airmanconcerned shall not be
entitled to vote on the motion refcrred to in sub-section
(%I
P.; . -
Explanation.--' Chairman ' in this sectivn i~~cludes
a vice-chairmall, or councillor, presiding for the
occasion.

31. Any councillor other than the chairman "and l'ower of


chairman,
any vice-chairman] may resign his office by giving v,,,-aai,-
notice to the chairman; the chairman may r e s i g ~ ~by man or
giving notice to the council. 3[Such resignatioii sliall resign.
councillor to
take effect in the case of a councillor or vice-chairman
from the date on which it is received by the chairman
and in the case of a chairman from the date on which
it is placed before the council.]

4[32. No act of a municipal council or of a com- Acts of


,ittee thereof or of any person actine as chairman, municipal council,
vice-chairman or member of the nunicipal coul~cilor et,., n o t lo
bommittee shall be deemed to be invalid by reasonbe i r wby
ab
only of a defed in ihe establishment of the monici- dated informality, i

pality dr cols~mitteeor oil the ground that the chairman, etc.


vice-ci~airmanor any member of the council or com-
mittee was not entitled to hold or cont,inue in such
office by reason of any disqualificatiol~or by reason of
any irregularity
&. or iilegality in his election or apyoint-
merit or by reason of S U C ~ Iact having ~ C C , I done
I during
tile period of any vacancy in the olficc o ' chiiirn~an,
vice-cllairman or member of the council or committee.]
--
This sllb-section was inserted by seCtih3n 26 t ii) of I 115 'frnnil
1
~~d~ District i\lunicip:~iiti-s (Amendment) A c t , 1130 (Tamil
I I X 01 19::0)
N , ~ ~Act
2 These words were inserted by section 27 (i), ibiil.
I
o This sentcncc was sdded by section 27 (ii), ibid.
4 This section was substituted for the original section by section
28, - ibtd,

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District dl~tnicipalities [I920 :T.N. Act V


kdnzittist,utio~zreport.

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
'$

Adaptation Order of 1960.


2 This word was sl~bstitutedfor the word '. fixes " b y the Sch
ta the Tamil Nadil District Municipalities (Amendment) Act,
(Tamil Nadu Act X of 1930).
These words were substituted for the word " chairman "
section 17(1) of the M;idras District Municipalities (Amendm
Act, 1933 (Madras Act XV of 1933).
4 These words were inserted by sstion 29 of the Tamil
District ?iIunE$~E;liti%j . - i ~ x , ~ b A%
f) f 9?9 ('I'd
M X- d Ir"33h
I
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LatestLaws.com
I .*

--
e m ,
,--

: . f ! M T l ~ i , j f id<
~ / i?

-
i:',"T t
/ > l r , f f r /

-. -- -- -
C1 .. - .cr
IcS
.*r. - ? -11
-c
* A_-
-**-e

(a) call for any 2[ . . . docummt in . Y C'.

f
ti
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

the said collector, after giving the 4[cxtiuti\-c. aur1x0- r s o h l t i ~ t s P2


rity] a reasonable opportunity of explanation, shall 9
?
.

- - --
- .P
.
1 The words Provincial Government" were substituted for the C

words "Local Government" by the Adaptation Order of 1937 1 4

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.
'&

. 4 These words were substituted for ttle word '' chairnlan" by


section 17 (1) of the Madras District Mu~~icipalitl"(Amendment)
Act, 1933 (Madras Act XV of 1933).
5 The words " or chairman" were inserted by section 30 (ii)
of the Tamil Nadu District Municipalities (Amendment) Act, I930
(Tamil Nadu Act X of 1030).
6 The words "or cliair~i~an" were inserted by scclion 30 (iii),
ibid
7 The word a any" was inserted by section 17(1) of the k1,dras
District Municipalities (Amendment) Act, 1933 (Madras Act XV of
1933).
' 8 Th~vwords or chairman " were inserted by sectioli 30 (iv) (a)
of the Tatnil Nadu District Municipalities (Amendnlent) Act, 1930
(Tamil Nadu Act X of 1930).
9 These words were substituted for the words " he may" by section
30 (iv) (b), ibid.
10 Theso words were inserted by section'30 (iv) (c), ibid.
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. 688 District Jflmici&alilies

send a report thereon together with the


if any, of the '[executive authority] to the a[Stata
Government] and at the same time forward a cop). .
of the same to the council.
Power to 3[36. (1) Tlte e(State Government) may, by order
S U S P or
~ ~ ~ in wr-ti ng-
cancel
resolutions, (i) s~~speud or cancel any resolution passed,
etc., under
~ct. order issued, n r licence or permission granted or
(ii) l,ro13ii~itthe d ~ i=' .
i l~~i ally
" act which is
about to be done or is being cone
I
in pursuance or under colour of this Act, if, in 'their
opinion, I
(a: s i lch resolution, order, licence, permission
or act has not been lega.11~passed, issued, granted or
authorized, or
(b) sach resolution, order, licence ,permission
l
or a:[ is in Zxcess of the powers conferred by-this
Act or any ot!w law, or
(c) ths execution of such resolution or order,
the continua1ir:e in force of such licence or permission
or the doing of such act is likely to cause danger to
human life, hcalth or sarzty, or is likely to lead to a
riot or an affray :
131-ovidcd ! a the '(Stale Govesun~ent) shall
befor+e taking x t i o n under this section on any
of t!- erounds referred to in clauses (a) and (b) give
.-----_I---I -_-- ------.. - . - . , --
-
Theso WOI-drwa-u subsf itutod for the word " chairman "
by section 17 (1 ) 0:'111: M ~ d 1 . ailistrict
~ Municipalities (Amend-
ment) Act, 1933 (:& :ilros Act XV of 1933).
The words cbi'i-o ment " were substituted for
~inr:ial Gi~vcr:.;l
the words "Local Governlent " by the Adaptation Order of 1937
and the word " State" was substituted Rr Provincial" by the
'#

Adaptation Order of !330.


3 This section Byas s::bstilutcd for !ilc oi-iginal section by section
31 of the I'an~iJNudu District Mwicipniities (Amendinen[) Act,
1930 (Tamil Nadu Act X of 1930).
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the authority or person concerned an opportunitZ


:. for explanation :
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610 District Municipalities [I920: T.N.


(3) Such person shall, so far as the fu
credit of the municipal council admit, be
comply with such order.
(4) Every case in which tlie powers confer
by this section are exercised shall be forthwith repor
to the l[State Government] by the district CQ
with the reasons in full for the exercise of such p
and a copy of the letter shall at the same ti
to the m ~nicipalcouncil for information.
38. (1) The '[State Government] may appo
such officers as may be required for the
inspecting cr superintending the oper
all or any of the municipal councils es
under this Act.
(2) All schools , hospitals, dispensaries,
stations, choultries and other institutions m
by any municipal council and all '[ ..
documents relating thereto shall at all times
to the inspeccion of such officers as the '[State
ment] may appoint in that behalf.
(3) Municipal authorities ilnd municipal officer
and servants shall be bound to afford to inspecting
or superintending officers a[ . . . ] appointed
under this section such access ad:all reasonable t h .
to municipal property or premises, and to all '[
documents 'vhich, subject to any rules framed
.
their guidailce under ::cti~: 303 (1) and (2) (k),
may consider to be necessary to enable them to
charge ttl.:ir duties of inspection or superint
-
1 The words 66 Provincial Government " wwerz substituted for t
words "Local Govcrlzment " by the Adaptation Order of
theword 5taf.c'' was substituted for 1 6 Provincial "by the
tion Order of 1950.
2 The words '"egisters, books, accounts and other" were o d t
by section 32 (i) of the Tamil Natlu District Municipalities (Arne
ment) Act, 1930 (Tamil Nadu Act X of 1930).
3 The words 6 6 of Government "we
Order of 193'/.
4 The words ' records, accounts a
section 32 (ii) of the Tamil Nadu District Municipalities (
Act, 1930 (Tamil Nadu A2t X of 1930).

( - -...--
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2 The words "Provincial Government '. ,,:re substituted for the


words ~ C L O C ~ ~ by the Adaptation Order of 1937
the word ..State9' was substituted for "provincial" by ihe
Adaptation Order of 1950+
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(4) i I' c xpensts wllioll t he [Stah Government]


YI.hnvc cl i I-cctctl] u n d ~r sub-scction (2) or (3) to be
paid frorn the municipal f 1111d are not so paid, the
district colledor, with the previous sanction of the
LStntc G overnmenl] may m a k ~an order directing
ody c;f the municipal hlid
the person having the ci~st
to pay il in priority to :%ny other chadrge against
such Au;d except charges for the service of authorized
1oans.
(5) Such person shall, so far as the funds to the
,.-:dit nf the municipal c f ~ ~ ~ admit,
n c i l be bound to
comply with such order.
3[40.( 1 ) The '[State Government] may ,by notifioa-
State
Government tion, remo ie any chairinan u r vice-chairman, who
to remove in their rpinion wilfully cjmits or refuses to carry
chairman or out or disobeys the prcivisions of this Act or any
vice-chair-
man. rules, by-IPWS,regulations or lawful orders issued
thereunder cr abuses the powers vested in Mm.
( 2 ) The '[State Governmtntg shall, when
propose to take action under hub-section (I),
the chairman or vice-chairman concerned an opp
nity fcr explanation, and the notification issued u
the aaid sub-seaion shall conta~na sta
reasons of the [iState Government] for
taken.
41( 3) Any person removed under su
(1) f r o m the office of chairman or from the
vice-chairman shall notbe eligible for election t
of the said offices until th: date on iYhi
-
1 The words "Prov
words '6LocalG9v
the ward 'cState''
tat ion order of 1950.
2 These words were substit dted for the WOE
by the Schedule to th: Tamil Nada Dist
(Ameindm -nt) Act, 1930 (Tamil Nadu Act X o

District Municip
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--

was substiruteG for section 40-A by section 2 of


District ~ u n i ~ i p a l i t i e(Second
s Amohdment) Act.
as Act IV of 19.33).
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at the meeting, the meeting shall stanct


to a time to be appointed and notified to the
lors by the Rsvenue Divisional Officer und
sectlon (5).
- --
(5) ILf the Revenue Divisiona.1 wmcer is u n a u ~ ~
to preside at the meeting, he may, after recording nl,llh
*-- , L A
his reasons in writing, adjourn the mee91ng Lu 3 U W l b
A

---.-

other time as he may appoint. The date so appointed


shall
--- not be later than thirty Lays . from the date
4 2
- - . A
appointled for ths meeting under s u n - s e w-:*,~ ~
>

[J,.
**
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.

(8) No debate on any motion under this section '

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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if they think) ~iezessary, supersede the wuncil


specified period not exceeding two ye
fication shall be laid '[befol-e bol h 2(Ho
i ure] :
3(8tate) ~ e gslat

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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&the date fixed f'r the disssolution of the


shall fc rthwith be
deemed to have vacated their offices and freshele-

chairman shall forthwith be


eemd
t o have vacated their offices-I
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collector or revenue divisional officer may, if


'[State Gove~-nment] '[so direct], receive, pa
for his services from the municipal fund; the
Government] may determine the relations of such
person with the municipal secretary (if any), with
the district controlling officers and 3[with themselves];
and where there is a commissioner^ the '[State
Government].may direct him to exercise and perform
any powers and duties of the council ia addition to
his own.

(4) On or before the expiry of the period of super-


session notified under sub-section (I), the '[State '

Governm~~t] may, by notification, for reasons to be


stated in the notification, postpone the reconstitution
of the council for a further period not exceeding six
months, or notwithstanding anything contained in
'[proviso (a) to sub-section (1) of section 5,] withdraw
the area of the municipality from the operation of
this Act under that section.
(5) The '[:State Covernme~~t]may reconstitute
the couilcil before the expiry of the period notified
under sub-section (1) '[or sub-section (4)].

1 The words "Provincial Governmsnt7'were substi~utedfor


words %"cal~ Gover~ment"by the Adaptation. Order of 1937
the word "State" was substituted for "Provincial" by the Adapta
Order of 1950.
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constituted co:~

rity whose powers he is exercising, irnd compensa-


tion shall be recoverable from the nlunicipal fund
by any person suffering damage from lche exercise of
such powers to the same extent as if ihe adion has
been taken by such manid,;: a,:hority.

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,

(a) divide the municipality into wards,


1 This sub-section was added by sect iotl34 (vii) of the Tamil Nadu
I
Act, 1930 (Tarrdil Nadu Act X!
District Munkipal i t ies(~lrnei~dment)
of 1930).
2 The words ' c Provincial Government '' were substituted for the
words " Local Government" by the Adaptation Order of 1937
and the wor,' '* State " was substituted for 6' Provincial " by the
Adaptation Order of 1 950.
3 These words were suhst ituted for the words a power to mak
such contra^^.," by section 35 of the Tamil Nadu District Municl
pali:' i (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).
4This section was substituted for origird section 43 by sectio
36, ihid.

. . , . -. . ...
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'[(b) deter~linethe wards that shall be reserv-


ed under sub-section (3) of section 7 ;and
(c) de~1ai.efor whom such words are reserved .I

(3) All the electors of a ward, irrespective of


shall be entitled to Pote

(4) When issuing under sub-section (1) a noti-


fication which materially alters the existing division .
of a municipality into wards, the =(State Government)
y,, direct that the alternation shall take effect from
the date of the next ordinary elections.

These clauses were substitutea for clauses ( 6 ) and 6)bY section


q~ of the Tamil Nadu District Municipalities (Amendment) Act,
1973 (Tamil Nadu Act 17 of 1973.)
a This sub-section was inserted by sectioll 4 (ii), ibid.

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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622 District Municipalities [I920 :


ti; '[When a new ward is formed], or
an existing ward is abolished, the election authority
shall, with the approval of the "State Government),
determine-

(a) the ward v~hicheach councillor then on 1


1
the council shall be deemed to represent; and 1
i

(b) the ward or wards in which elections shall


be'held to fill up the vacancies, if any, in the coun-

'[43-A. (1) If any person has been elected for tw


sa.Mpersonfor or more wards, he shall, within seven days fr
than one ward. the date of the last of such elections, intim
the commissioner, the ward for which he c
to serve.

default of such intkutio


& by &DE
for which such person shall serve.

(3) The said person shall be deemed to


been elected oniy for the ward so chosen or
fied, as the case may be, and the vacanci
arising in the representation of the ot
be filled by fresh elections.]'
These words were substituted for the worr's "When the n m
of councillors to be returned by a ward is a1tercd or when a new w
is formedwby section 4(v) of the Tamil Nadu District Municipalit1
(Amendment) Act, 1373 (Tamil Nadu Act 17 cf 1973).
"he words ''F'r~\~incial Governlnent" wore substituted
the words "Local Govormiont" by the Adaptation Order of 1
and the word "State" was substitutact for "ProvingialW b
Adaptation Ordo. of 1950.
a This section was inserted by section5 of the
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[44. (1) '[Every person '(who is qualified


luded] in such part of the electoral roll for any f"fincImi@4
Assembly constituency as relates to the municipality in'elect---'
,011 fo*
"

r any portion thereof), shall be entitled to be included municipality


in the-electoral roll f o r the municipality prepared
for the purposes of this Act, and no other person shall thereof.
~",tlication
,

be entitled to be included in such roll.


'[Provided that "any person who is entitled to be
ncluded] in a separate part of the electoral roll for
such Assembly Constituency by virtue of ,: ctatement
eferred to in section 20 of the Representation
f the People Act, 1950 (Central Act XLIII of '

1950) shall not be eligible for being included


in the electoral roll for the municipality prepared .
for the purposes of this Act, ur~less he makes an
application giving the particulars of his address in the
) municipality to the person authorised under sub-section
(2) for such inclusion.] I

This section was substituted for sections 44 and 45 by section


(3) of the Madras City Municipal, District Municipalitiesand
ocai Boards (Amendmei~t)Act,1'938(Madras.Act. 11 of 193'8).
,

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- , ,

r i l roll for allv turritorial constituency of th: Madras Legislative


Alsembly, which relates to tne municipality or any portion thereof, *'
by section 2 (i) (a) (i) of the Tamil Nadll District Municipalities,
District Boards and Village Panchayats (Amendment) Act, 1951
(Tamil Nadu Act XXIV of 1951), (Section I of Tamil Nadu Act
XXIV of 1951 carno into force on the 25th September 2'951. All the
other sections of the Act came into force on the 24th December
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Explanation (L).- \"k**~ ( I the


Assembly co nsf ituency there is no distinct pa
electoral roll relating to the municipality 2[all
who are qua. ifi ed to be lncluded ) in such ro

the purposes this Act.


Explancrtion (2).--No person's name shall be
I
included in the electoral roll for the municipality in
more than one i?lace.
$[(2) Any person authorised in this behalf by the
, State Government shall, for the purposes of this Act 9
prepare and publish in such manner and at such
times as the State Government may direct, the
! electoral roll for the municipality or the alterations
to such roll, as the case may be.
Explanution.--The power conferred by tbis sab-
section 0~ $he person so authorized shall include t b
power t o orni?, in the manner and at the times afore-
said, from the electoral roll for the municipality pub.
lished under this wlb-:;ection the name of any person
suchwho is dead or is dilqualfied to be incluced jn
part of the eiectcral roll fur any Assembly constituency
as relates to the muticipality or any porlon thereof]
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wards, the elector;!! , rf111 for tbc ml r!! ip:p;:iii--r :ijc]] be


divided i a ~ a:>."; *. ,;,.!:i: ;.
-t. rl
. f % l

(4) W~IC;.: .
#.

i :-,& i t .: ::octoi.; : " ,


\i, , -.lf. ;jici-
palily or xi?)/ . I i

. , . ; - t i ;shed
2 ; , i : ( i j11t0
.*
under sub-~ccilxi
a
('ii I .c ,1.)7
d "

wards for t l ~ cfi~.s- tine nt the divisi~31:of t1.i:; E ~ + I $ c ~ -


pality into virirll : is 5 ,r e , o r i :I : of the
municipality arc varied] 'itke persor; ac .thmiza! under
that sub-section] shall, i s soon as may be after such
. division or altcraiion, l[c;r variation], as the case may be,
in order to give zEecect to the division of the msnicipality
into wards or to the alteration of the wards, '[or to
the variation] of thelimits, as the casemay be, authorize
a re-arrangement and republication c-f the electoral
roll for the t~tullicipalityor any part of arch roll,
in such manner as the JiState]Gover~im~nt may direct.
'~(4-4~3~)
No alterntion shaU be tnade in any
part of the electoral roll for the municipality published
under sub-secliot~ (2) as revisel by any alterations
thereto subsequently published under :hat sub-section
or under sub-section (4), after the last date fixed for
making nomination of candidates for elect on to a ward
and before the result of the election for tbe ward is

(5) The electoral roll for the m-nicipality


published under sub-section (21, as revised by any
alterations thercto wb!.eqx~ent!y p~~hlished ur;der that
sub-scctioo o r : I - 1 . ty;1':1I : [.innin in
force until ri;: : , , I of 2 f i c-:~!-+ t-?f;~:!oraI~011
for tile ~ ~ ~ I . I ~ I I ~ ; ~~~: ~, l,c :' ~? -~5i [~- ~. 1,3~- ~ ~ : * { !.9 t . i-
4 . 3 ,

['$?

---...-- -- - -. ---- .--..- -- - . -. . -- --7

I These w ~ J . ~ ~ , I . : ; ; ;
. .
,; i,,;? ~ e c t ~ r > i ii ; , .
+
;.c Tamil
" "'n I - . '

*NaduDistrict .Fa;i-! .,::i. ,,:I. .


:*$-. ~ ' f

i , 3.. ' 1 ';^cl!f/ Act,


1947 (Tanlif h-\~ttc:i(-1 ~ r 1 CJ;.~k 0'17).
&",

q h e s e ivords y;qyt- sil';sbiil: t r d for ti,c vioyr's' !h( e i e c i o n authol


,tity9'by section 3 (1 1 (c) c f the Mndrn.9 C i ~ yhq:l ::~il):!l corpora-
tion, District p,Tunicip;;!i; :; 5 Pnncheyotr (hrne:l;lii~ent) Act,
1968 (Tamil Na:l:i P-cr 6 of 1958).
8 This wol.d wzs sui;skitrrlcd for the u~o,.d'Ci?ro~!i!l'3:alf: by the
Adaptation Order 01" 1953.
4 This s:l',-s-z;;o;l ;TJZ~ i.li-rtzfi by s+:ctiov 15 !ii) 'of the Madras
City Mg~izIpzl tlora3ra;iq:< a i ~ Q District \ri~~l~zi7aiilieg
(Amendmsnt) Act, 9162 (Ta:nil pJa@,g ... Act 10 9 f 1362)e
a
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626 District Mt&ipalifies [I920 f T.N.


(6) E Y & person
~ whose name app
eliitoral roll for the m~nicipality,as so r
so long as it remains in force, bc entitled, su
the provisions of this Act, to vote at an el
and no person whose name does not appe
shall vote at an e@ctlon.
a [Explarzation.-In thi
"Assembly wnstituency" s
provided by law for the p
'(Tamil Nadu Legislative
' ' '145. * *
'146. * je

@[47.Nc,twiths~dinganything contained in .[s


section (6)] of sectbn 44, a person who is of un
mind, a deaf-mutt ona leper shall not be entit
vote at any election to a municipal council.]
\

Qualificatio~sfor membership of council.


48. (1) No person shall
a councillor unless '[ :. .] .
appears on the electoral
'[. .*I.
This Explanation was substituted by
City Municipal Corporation, District M
(Amendment) Act, 1968 (Tamil brudti
This expkession was substi t d k d
Legislative Assenibly" by the Tan~il
Order, 1970, which was deemed
the 14th JanuaryS969,
This section was omitted by s
Municipal Corpuratioa, Distric 1
(Amendment) Act, 1968 (Tamil N:I
This section was orni+t~rJh x r crction 3 8 of the Tamil
District Muni;ipalities (Arnencimcll~) Act, 1930 (TamiJNad
X of 1930).
This aecti 3n w h s substituteci for the original section 47 b
section 39, ibid.
This expression was substituted for the expression "sub-section
t
(5)'' by section 3 4) of the h4;idras City Municipal, Dis
Municipslities tnd ocal Boards f 4rn.?ndment) Act, 1938 (Ma
Act I1 of 1938).
'The letter and brackets 'L(~,'' at 11: c3rntn3%=~rnznt,the w
''a!~d'' at theeud and clause ( b ) wer: ~rnittedby section 40 of
Tamil Nadu IXstrict Moqicilpalitiss ( Atasndment) Act, 1930 (h
Madu
,i
Act X of f 930). > r

I)
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2) No officer of Government other thau a village


shall be qualified for election or for holding
ce as a councillor :
Provided that this prohibition shall not apply
to the holder of any ofice which does not involve
of the followiilg incidents, namely, that the
h m b e n t :-
(a) is a whole-time "servant of the Government) ;

& (b) is remunerated either by salary or fees :


Provided further that if any question arises either
re or after an election whether any person is or is
disqualified under this sub-section, the question
11 be referred to the '(State Government) whose
ecision shall be final.]
.
(1) A person who has been sentenced by a ~ ~ , ~ ~ f i -
inal court to transportation or to imprisollment cation of
for a period of more than six months '[for any ofiknce aandida*esa
other than an offeilce of a politica.1 character c,r an
offence not involving moral delinquency; (such
ientence not having been reversed or the offence
pardoned) shall be disqualified for election i[ . . - 1
as a councillor while undergoing the sentenceand for
five years from th.e date of the expiration of the

$1~ h i sub-scction
s was sohsti tnted for sub-section ( 2 ) by rcct;on
40 of the Tamil Nadu DisLrict M unicipali tics (Amendmcnf) jict,
1930. (Tamil Nadu Act X of 1930).
1 'h he wbrds "servant of the Crown"wcre substituted forth(: w[Brds
($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

- .
"(!;. ,< - .!id 2: I- t.+tL1TM4l
~

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~> $.
7
-i . I!); il 3 diqtkt~?)
tori.$;, i \* . .
%,

in '
I

-.
-- -5 ,?
..
i.5.
2 I., I.
\.
$
4
! .;.,:, , - , ..
,r<qj-j;~iy.,caT y,
.. ? .
:; ..:;:.'
.t--.
..,,,iyadvertise-
', >
:
ment rt, " . .'!.~ r;\..,
.I
,.I $.

#: : , Q !'i& (:*.>::.:;.!
?. i;,,bir~
;i!..-,.I
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 ~ ~
.- ,
(
;

.
-;
a election
--
(.xy:;*:c befoye . ;
;
as S U C ~.' -; t & ,
,-

'[. .* .......
I '

f p ,I> take effccb ; L[Oh k : . . ~ ? ::!;::.tdy been )-

, , .a

i!Or whose ie-:7! c,f -!.jci: has not \,


:i .;:. -:
?.7rd 7
yet ~QlylT- i i 3 1 . j

or8
"~i;
",-I<- . :.,
se: -milt OTp~r,
, . - I I
QJ!
f.' - 9 23 t A I
;( I, 4
ofr,d2w1 Gi:.L a
c:. suncillor
suborcli~;;'.':
- -
-k- t , . =

"
t +!*-
. --, ; i said, :
holdiil,;: . ' ,

.
:*

.. *
by him
-i;*\\j'. : . ..,,.,$ .,2, 0-y gj>;? ,Tt

'
I; : l j & ~ . 27,:
~ i -j- t ,, ' hr: muni-
(oiher\l.dk
- in
vear,duly
I

cipalir::. * I , , . a: . I
, :;6
:>if1or
i: r I.
.'
,%,-

respsct ' ' ', , 1' ,* , .


b":

,.---
...
'

,*l specified
.
tii%ir,
,.. .
% $ -

served 7 1 ~- '.: , .:il" *


4 I.

exp!ceC3.)
- -- - --
.;I
t'hZrej: ,(-:i .I. ,f _ ..____LL.L-L

- - ,.;
"

the Tamit
__CIC_---

~y sci;ii<g\
::, ;i:5,?'dle ci ,iij f.,
r x
I
.i Thid ci. T ~ f :
* 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

bj sc-.~,clil4 1 ii\# /-I, i.;i;le


(, p I7 9 . . ,
5 fS"'i* - Iby section 41
s
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630 District Municipalities [I920:T.N. Act V '

(3) Notwithstanding anything contained i ~ sub-


t
section (I), the '[State Government1 rday direct that ;!
such qentence shall not operate as a disqualification. ,

Dilqulfibc~tion 50. (1) Subject to the provisions of section 51,


ofcgw~** acou~~cjllorshallcensetoholdhisoffice,if he-
fl

(a) is sentenced by iL 3[cr&itlal] court to such


punishment 4land for such offence] as is described in
sub-section (1) of section 4!9 ;

-
(b) becomes of . unsound mind, a deaf-mute, j

(c) applies to be adjudicated or is adjudicated, I);


a bankrupt or insolvent ; I

( d ) subject to the proviso to q[clause (c)of sub- .''


section (2) of section 491, acquires any interest in any
subsisting contract made with, or work being done,
for the council except as a shareholder (other than a
director) in 6[a company . . . . .
;]

'[(dd) is employed as paid legal ' practitioner


.. I
an behalf of the council or accepts employment
logal practitioner against the council ;]

1 The words "Provincinl Goves~\mt.nt"were substituted fcr the


word~"LocalGoveinmert" by the Adaptation Order of 1937 and the
word "State" was sub~lituteclf o r "Provincial" by the Adag: .. 'ion
Order of 1950,
8 This sub-section was omitted by section 41 (iii) of the Tamil
Nadu I)istrict Municipal i t ics (A~-r.enc!rnent)Act, 1930 (Tamil Nadu
Act X of 1930').
a Thi, word was inserted by section 42 (i)(a),ibid.
-.
4 'lhrnc words were 111lt:rrccl 1 y ibid.

This expression was :,~ri:stit~tcdfor theexpression "sectioa49~


sub-:ecclon (2)" by section 3 2 (i) ( b ) , ibid.
i
i

6 The% wards were substituted for the words "an incorporated


company" and the words ''or is employed as paid legaI practitioner
on behalf of the council 01. accepts employment as legal practitioner
again ;t the were unlitled by ibid.

I
7 This clau% was inserttd by gdion
e 42 (1) (c), ibtd,
I
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- -*II-ii__
631 , ,t
"r t

( e ) is appointed as an officer or servant


under this Act or as all honorary magistrate for tho
municipal town ;]
Cf? accepts employment under 2[or becomes
the officlal subordinate of] any other councillor ;
* * * * * 1
(h) ceases to reside in the municipality or
within two miles thereof; I;..]
s[(hh) fails to pay arrears of any kind due
by him (otherwise than in a fiduciary capacity) to
the municipality, within three months after a bill
or notice has been served upon him under this Act,
or where in the case of any arrm this A c t does not
require the service of any bill or notice, within three
months after a notice requiring paymen%of the arrcar
(which notice it shall be the duty of the executive
serve at the earliest possible date) has
rved upon him by the executive autho-

O[(i) absents himself from the meetings of the


council o r a period of three consecutive months
reckoned from the date of commencement of his
tern of office, or of the last meeting which he attendad,
or of his restoration to office as councillor under sub.
swtion (4), as the case may be, or if within the said .
period, less than three meetings have b a n held, a b s c n ~
u s e l f from three comtcutive meetings held
after the said date :
C _ C -

1 This clausc was substituted for the original clause by sectio n


42 (i) ( d ) of the Tamil Nadu District h!hnicipalities (Amendmmt)
Act, 1930 (Tarnil Nadu Act X of 1930).
These words were inserted by section 42 (1) (el, ibid.
a This clause was omitted by section 42 (1) (I), ibfd.
4 The word "or9' was omitted by section 2 @)(a) of the Madr-rn
District Municipalities and Local Boards (Amendment: \ct, 194.
(Madras Act XIV of 1940), re-enactcd pennanc~ltlyby sect lo^ 8 of,
and the First Schedule to, the Tamil Nadu ~e-enactlngand Repeal-
ing (NO.I) Act, 1948 (Tamil Nadu A 6 V I I of 1948).
6 This clause was inserted by s ~ c t i ~2n (ii) (bj, ibid.
6 This clause and Explanation were substituted for clause (i) sad
tho Explanation thereto by section 2 of the District Mud.
dpalitia (second Aaendment)
o Act, 1934 (Madrar Act IV of 1935).
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P i + . 1x0 j i ~ : ~ i ~l
~l wh.ich a coun-
C
i , $,- ; - ; ;$- .
-.
sh:!li :. c:>iir$!ed against him '
7
i o ,
I '

+ , 2 i
ullder :(.;kt . ,*,.
I "

L C . ";<at meeting was I

0 , , ,s ,i ,

.
a s 3. .L z
,
.m , sub-rule
- a
: nc,!er
(2) o r r i i + , v g4 I . ' . : ( ~ h;r l:$rat,Schedule
shall I,[: -
# z 6b~*:je.:

. .' + . 'ti Gel , , r :si~I~i~il~


r ? the mean..
ing cjl' i,,.l 1 '
%.'{ .,

(2) , t . .
%\ *f
.v G
;' 8

.*ullt,z;Jried iu
clause i2-.
..A
+ a
$s,-.la,
, 'ir
:-
.,,E, :-et: Guvcrment]
may di S C e i ~! .i 'f :i.t\l operate as
.
a disq~i;.l.~.:.-,~

61,. . ;Icr.son . . , t T)c s couizcillor


, ..
1 -
I \

d !. , ; ( i ) i~iunder section
"
i L ,
603, hc ..!i - - :;I

of the rr::*jt:,j i !:@:.!I1 1 ~ * d

as ma> ;(:isL1, j . ',;:if(:-+ I hi: of S U C ~resto-


"
!.... s,x;;

\ a t if : I .:ie i.ci-i - i :order 1s annulled ..$

:
on appc::i t,;. A;:. or ' r: ;"r . .:illi?cation mused I,:.

by the acii:c:~c; , . scciion 60 is 're-


.;
I . , +

moved by a n it.t:cbi- 01' thi: i j o v ~ r i ~ n ~ e6[and


nt] b-:p.

any e . . 1: f i , ,..L. .lij in the interim


shall o~k I : t t o - .. i ;. .rjllifice.] ;+
*

---." --- - - - - - - - -.----.-.--- - ... - -.----


The words ''P~.~v~II:_S~;LI Go~ernii-~ ,ils' vfli\e s'clbstituted for the
words "'Lrsci~i Q3o-(,ti-:A .,nzi' by t;i.t>,+fi5 t t z \ ~ y t ni : Order of 1937 and
I

the word '*SI:I~~'' $ 4 2, .;ui-stit3ied . n L,, ~ : b r i ~ i c i n lby ~ ' the Adapt- "*

ation 0r.c er c.f 1," YC,


This C X ~ ~ C S ~ti,~r;
a ~ J C <;ubstitule:-I 5' i:' tIrc i 7 , ' i ~ dand
~ letters "chwe
(a) 1
0 ' f i 2 i ( ! r ) of tlls 'Famil Nadu District
Muni.cip;illt;cl;(;?rniii lai;tii!er~r5Act, I'?:i 2 id':in11 Nndu Act X of W30).

4 These words :~ruP!:;tiTeS v,7cr~ sli;,~liti~:xifor the words, ''the


i P

cfisquaiifcation c;au.:ed by tllc scatcfrc,: is rcmoved by an order of


the State Gsvernrn~nC"by section 16 . j f the Madras City MunSdpal
Corporation and District i%unicip:diiies (Amendment) Act, 1962
(Tamil Nadu Act TO of 1962).

6 Thcse words weie imertcd by =ti fin 42 (ji)


Mrmicipa1i:ies (kimendment) Act6 19
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< . _ - --
..
2. ---*--A

&,,-$G,
.*&, c'".
r, c .
'J,
;
,' ". , < . - - I

,;, __
.pLe
dr^--
,
- .- --- - -- -- . - - - -1
r-- --L-
" I

ecting. If such person apoiiej i ~resto- i


ration suo nzoto to the council on or &fore the date
of its next inceting or within fifteen day:: o f the receipt
by En1 of such jntimaticn, the ccoui~cil I r \ ~ n yo t the
meeting next a fici. Ihu receipt of s!<lsn ~pplicaiion
restore him to his olfke o f com~cillor:
Provided that a counsillor shall not bc so restored
more than twice dul~inghis term of oEcc.]
r[50-A. (1) Notwitl~standinganything con tailled oath or afir-
in the Indian. OatIrs Act, 1873 (Central A k: >i of 1873) mation t 0 be
every person wh3 is ciccted to be a ci)urrcil!cr shall, mi~i~u~l made. by
lors*
before taking his scat7 make, at a. me:ting of the
coullcil, an oath nr ilErmation in the i'nllowing
form, nrui~ely:- .
$1,A. E., I~avirlgbeeu elected a cout~c:illoi. of this
in thc azame of God
coulpil, do swea ------- -
:ioicmnly affirm
that I will bear ir1le k i t h and a1legIarl.e Lo th:: Con-
stitlition of I d i s ad);' law established, ih:lt ! will
uphold the sove~.ejgntyand i~~tegritp of I ~ ~ d iand a
that I will faitllFi1lly discharge the duty upon which
1 am almut to enter.'
(2) Any person who, having been elected to
be a counciilor, fails to make, within three months
of the date on which his term of oftice commences
or at o i ~ cof the first three meetings held after the
sdd date, w11icllc~~~:ris later, the oath or affirmation
laid down in sub-section (1) shall cease to hold his
office and his seat shall be deemed to have become
-- ------ --
uted for the origiral sub-section
il Nadu District Municipalities
Nadw Act X of 19: 0).
s were substituted for the word chairman'"^
of the: Madras District Municipalities (Amendment)
adras Act XV of 19331.
section 3 of th:: Madras e t y
lities and Fanchayats
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634 District MuJc;palities [I9201T.N. Act V


(3) Any person who has been elected to be a
councillor shall not take his-.seat at a meeting of $he
council or do any act as such councillor unless he
e 6 t h or affirmation as laid down in sub
\

(4) Notwithstanding anything contained in sub-


section (3), a chairman br a member of a cormnittee
constituted under this Act, who has not made the
oath or affirmation as councillor shall be entitled
to act as such oha irman or member :
Provided thht he makes the oath or affirmation
and takes his seat at the first meetin.g of the council
I
which b.e attends within two ~nonthsi.fter he is elected
l ~ dexercise the functions of,
as, or become;^ ~ i l i i ~ to
the chairmall ut: nme-nber, as ihe case mpy be.
I
Explanation.-For the purposes of this section, I

'chBiTrn~x~'in :l ides a vice-clur isman exercising the I


functions of tltc chairman under sub-section (6) of
section 12 ant\ a revenue dividcnal officer who is
ex-officio c h ~ i r ~ n nunder
n sub-section (7) of that *I
I
t

section.]

Decisionof , 51. (1) Whenever it is alleged that any person


qucs\ioas of
disqu;tlification
of councillors
who has been elected '[ .
. . . .] as a COUII-
cillor is disqualified under '[sub-section (1) o f S ~ G -
by district tion 48, sectioil 49, section 50, "section 50-A) or
judge.
section 601, and such person does not admit the all@-
gation, or wheilever any c;omcillor is himself in doubt
whether or not he has become disqualified for offiw,
4[under section 50, 3[section 50-A], or section 501, \

I The words "oi ;~p:?oinied" were omitted by section 43 (i) (d


of the Tamil Nadu District Municipalities (Amendment) Act, 1930
(Tamil Nadu Act X of 1930).
1
P T-, words :.nd figures were ~~lbstitl~ted
-9 for the words and
Gyure, '*scr,ion 49 or section 60" by section 43 (i) (b), ibid.
3 This word, figures and letter were inserted by section 4 of the
Madms Cjtv Mul~jcipal Corporation, District Mu
I ~ ) (Tamil Nadu
~ I c I 1964
I ~ ; I I I ~ . I I : I Y : (I ~AS I I : ~ I ~ ~ ~ I Act,.
s ' l ' j t ~ ~LVOSLIS
t: weri:
; 1 ~ 1 \ i~ ~ ~ S U I ' O S insertcd by .sectio
Tamil N'ld u Disl rict M~iniciyalitics(ki-tl~lc~ldnip~t)
Nadu Act n)(; 01.19303.
*
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sucli councillor or any other councillor may, and


- *
-- ----
"
.'

686
-" :?.GW@
$"?*$*$*
, h.4&:t!

r
9 .
"

the '[executive authority1,at tlie request of the council,


shall, apply to the district judge of the district in which
the municipality is situated. I

(2) The said judge, after making such inquiry I


as he deems necessary, shall deterrrmle whether or I
not such person is disqualified under 2[sub-section
(1) of section 48, section 49, section 50, 3[section
50-A] or section 601, and his decision shall be final.

4[(3) Pending such decision, the co~uicillorshall


be entitled to act as if' he were not disqualified.]

56. O[Zvery officer, clerk, agent or other personlnfnfdngen


ef secrec!
performing any duty in cor~nectioliwith the recording ef ebc,i,
or co~lrlingof votes at an election] \~,fho,except for
some purpose authorized by law, communicates
to any person any information showing directly or
indirectly for which candidate any voter has voted,
and e17ery person who by m y imnproper means
- -- --- -- -- ---.. -
3 These words were substituted fcr the word cdchairnian"by s&
tion 17 (i) of the Madras District Municipalities (Amendment) Act,
1933 (Madras Act XV of 1933).
2 These words and figures were substituted f ~ the r words and
figures "section 49 or section GO"by seciiou 43 (ii) of the Tamil Nadu
District Municipa1;tics (Amcndmeut) Act, 19.39 (Talnii Nadu Act
X of 1930).
3 This word, figurzs and letter werc inscrtcil by scction 4 of the
Madras City Municipal Corporatiotl, Dis! rict Municipalities and
Pancflayats (Amendment) Act, 1964 (Tamil Nadu Act 2 of 1964).
4 This sub-section was substitute11 'or the original sub-section
by section 43 (iii) of tile Tamil hadu District Mu~icipalities
(Amendment) Act, 1930 (Tamil N:du Act X of 1930).
6 These sections were oniitted by section 44, ibid.
"These words were substituted f ~ the r words, (&Everyp,olling
officer, clerk or other person in attendance at the polling room"
by scctior. 17 of the Madras City Municipal Corporation and District
Muoicipalities (Amendme& Act, 1942 (Tad1 Nadu llct 10 of 1962).
d
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procul-es xi such inikrinaiion, s'naI1 be punishe


a

with il-i:i , i t : ;;.:cut oj' ~ , : i ' 2 : .tiesniption


,. which ma I .

extci;J 2.; nlclnti~s c t i : ;in@ or with both.

.
A' - i
' 3 g-+,,
i:iJL
7'

iI C
Minimum i,sAIIfji. *I

penalty for sec!ric;ia ! . 4.h~


. if : &-. ' 3' 1 .,:~:sI C O ~ C
personatian
at an election. XLv el' l . ,' ; nny per
. :i I : ; 'I .;COlXle
an L",',.
"
. , I
_I

.
.. * L'
~1~1.4
i :p.-p~~aaii--s
i
persollybiioil:., :A.:r:at.je .&:- ~ h s t section shall
" c
Li

punished ii i,mriaoil:j;i ibr n term which &.


~ mci;:::::
lot 56 1 ~ s ;- y ; ;SIX 3
4
not
two ye:us :1ciq:? with iinr.

Promoting '56-B. P a y person w!lo in connection with


enmity ~ this Act p;c,moi-s or attempts to pr
election L Kxlcr
between nlob on ~ i . j u f ~of d sreligjou, race, caste, cornmunit
classes jn
connectIon or lang s;?$,feelings o f enlnity or hatred bet
with elect ion. differeilt c.l.tt:si.s of the cilizcns of India st1dl be
shab!c l,vI~.tlinpxis~nluei~tfor a term which
extend t.o .!;,ee years, or with fioe, or with both

prohibition '56-C.( 1 ) No petsos shall convene, hold


of public attelld aEy -public meeting ,within the mu
meetings
on the day withh t ~ e n t y - f m hours
r beyore tLo date of c
preceding the ment of t.i:: - 7 3 3 1 1 or or1 the date or dates on
election day
and on the a poll' i s-4:",
.A.,L , ~ for aa election.
election day. .
(2) A :I 7 persoil \;.ti o t-;outravenes ehe
:;t~i) !itbtt ( t ) !;!j:iii : $ b , l t : ~ lfine
~ - ~ i ~ ~ ~ i : ~ wiL11. ~l~
! , .! i o . liny isripcos.

Disturbances 13. ( i ! Any pc .. . .+.r. :LC a public m ~ t b n


at election to \ ~ / t i " - i :. -:
i '
~cction : % . ii:.i itcts, or incites others
S : i

meetings. to ( 3 ~ : ' . -,&.t~~ .: v Tiji t h e p:irpose of pre


I ; : : . I ; for
i i :; bil~~izcss which the
m~eting : calletl . 'r sh5l be pu&&tble
v : I*, tich n?;: y L . ...!I
i f i u o hundred and fiRy
rl!\?,)L"c.',
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(2) This sectiou applies to any public meeting


of a political character held witbh the mal~icir\ality
between the earlieat date for making nonliua tic;o of
candidates for ail election and the date c.1 ~:,~l?ich
such eIection is hdd,
(5) If any polict oEcer le~sollabljj suspects
any pas00 of co~mnitting an offence untlm sub-
section (I), he may; if : . C C ! ~ ~ F ~ ~SO
Y ? to do by tf:e chair-
man of the mccting, rcquim that pcrs,z to clcclare
to hinl im~ncciiatsiy his nerue and acidrrcs a~;d, if
' that person refuses iiiis so to dcclme his name
cqr

and address, or if tile police officer rezsc!nably s~is-


pects him of pivhq~,2 f'aise nenl:: or addr*sss:the police
officer may nrrcst Iiim ~;iihout warrant.
'56-33. (1) P ~ o S . shell c; ~,~.;blishRestrictions
en the
or caxise to L; ; l iili-:.! i i c prlblisherl, :ir J' t:lcction printing of
pamplllet or posicr which dues not bcal on iis face pamphlets,
the names and addresses of the printer and the pub- posters, atce
lisher thereof.
(2) No person shall print or cause to be printed
any election pampldet or poster-
(a) unless a declaraticn as to the identity
of the publisl~erthereof. signed by him a d attested
by two persons to whom he is personally k n o ~ n ,
is delivered by him to the printer in duplica.te; and
(b) unless, within a reasor,ablc t h e after
the printing of t i ~ cdoc,iment, one copy ok' t! e dccla-
ration is scnt 13.y the printer togetho with one
copy of the document to the commis.iioccr.
!

(3) For the purposes of this section,-


(a) any process for m~~ltiplying copics of a
document other i h a l ~copying it by hand, shall be
deemed to be pi*ini;i!s artd the expressinn 'printer' :42
shall be co:rsl.rucc! accordingly ; and
:4.

"A z
"'3%
-- -- --.--- , I
3 ,,.
-8
. l f

t-
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 - <:

writ) Act, 1962 (Ta~amll Madu Act 10 of 1962).


4

1
5
g *
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LatestLaws.com

638 District M u i t i ~ i ~i ~f frrs


tr [I920 : T.N. Act V
(b) 'election pam phlet or poster7 me(itns any
printed pamphlet, haa 5-i~ill or other document distri-
buted for the purpos: d'promoting or prejudicing
the election of a calldi6late or group of candidates
or any placard or postcr having reference to an
election, but does no~.i~jclutieany hand-bill, placard
cr poster merely announcirg the date, time, place and
other particulars. of :In eelction meeting or routine
, instructions to election agents s r workers.
(4) Any person who co~~traverlesany of the
provisions of sub-section (1) or sub-section (2) shall
be punishable with imprisonment for a term which may
extend to six months, or xith fine which may extend
to two thousand rupees, or with both.
rs, ete., '56-F. (1) No person who is a retur~lingofficer,
tions or an assistantr~turnir~g officer, or a presiding or
act
tldidates polling officer at an elect ior., or an officer or clerk
appointed by (Ilc rctnr ning oflicer or the presiding
I C ~ officer to pel T-l'i A-.any duty jn con~tectionwith an
s.
election ..;,all in thc co~tciuctor the management of the
election do any act (othcr than thc giving of vote)
for the furthexance of the prospects of the election of
a candidate. t
a*-
(2) No such person ;is aforesaid, and no member
of a police forcc, shall c~ldcadour-
(a) to pwsuada any person to gives his vote at
an election, or
(b) to dissuade arly person fr-om giving his vote
at an election, or
(c) to intluev-cethe voting OF any person at an
election in any manner.
(3) Any person who conttavenes the provisions
of sub-section ( 1 ) or s~~l--seciion (2) shall he punishable
with imnrisnr~?t~i.n~ f \r .J x m l which msy enend to

-
:
1
' I\, 1 :11 :
six ~t'tor~~hs
-

-
.-
::; r \i.'sZ beck.
Sections 56-A to 56-Nwereinserted by section 18 of the Madm '

City Municipal Corporation and District ~unicipalities (.Arnoadl.


Acf 1962 (Tamil Nadu Act 10 of 1962).
. -
~ ..- * - ..-.. . .
, .
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-3 -=- :""F *.T%;
- - <*,
4 ,

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1920 i T.N. Act V] District dlunicipalities 639


'.
156-G.(1) No person shall, on the date or dates Prohibitien
on which a poll is taken at any polling station, commit pf cwvassing
k,
any of the following acts within the polling station ~n or near
wiling
P
>
1 or in any public or private place within a distance of stations.
f
i(
one hundred yards of the polling statim,narnely:-
Q
C
I (a) canvassing for vote; or
5

(b) soliciting the vote of any elector; or


(c) persuading any elector not to vote for any
particular candidate; or
(d)persuading any elector not tg vote at the
election ;or
(e) exhibiting any notice or sign (other than
an official notice) relating to the election.
(2) Any person who cantravcnes tile provisions
of sub-section (1) shall be punishable with fine which I

may extend to two hxndfed and fifty rupees.

(3) An offelice puniehable under this section


shall be cognizzble.

'56-H.(1) Nc person shall, on the date or dates penalty for


on which a poll is taken at any polling stat i01:,- disorderly
conduct in
or near
(a) use or opsrate within or at the er~tranceof polling
the polling station, or 111 any public: or private place stations.
in the neig'hbourhood thereof, ary appa.ratus for
amplifyil~gor reprojucing the humiln voice, such as
a megapholle or a loudspeaker, or

(6) shout or otherwise act in a disorderly


manner, within or at the entrance of the polling
station or in any public or private place in the neigh-
bourhood thereof, so as to cause annoyance to ally
-
.

6-A LO GG-Nwere inserted by section 18 of the Madras


Municipal Corporation and District Municipalities (Amend-
Act, 1962 (Tamil N . ,

a
a
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, person visiting th': polling station for the poll, or


s other
so as to interfel e with the work of the ~ E c e r and
persons on duty a t the polling station.
(21 Any person who contravenes, or wilfully aids
or abets the contravention of, the provisions of sub-
section (1) shall be punishable with imprisonment for
a term which may extend to three months or with I
fine or with both.
(3) If the polling onicer of a polling station has
reason to i~elicvcthat any person is committing or has
committed an oFei2ce punishzibiz wider this section,
he may direct any police officer t o arrest such person,
m d thereupon t ti.pslice officer cI?:il! arrest him.
(4) Aily pol'zc ijfiicer m
ny ilrke such steps, anc
use such fforce, :3:1.y be ri: ~.-J:I:!!JLJ~ necessary for
I!:;

. 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.

Explatli;lioi..----in this . I ihe expression


-*
~ .r' iiieans ths p :! li ::lg!ri.lccr. of n polling
" p o l l i ; ~:iWc r f "
statioil or if i.i!i;*eis a prosi:li!i:. irriicer at the polling
station, s i i ~ hpfi:;id iiig officer.

Penalty for Ally i$b,rdqfi who i i ; , c i ~ %h e 11surs fixed for


I 56-1 ( i )
misconduct the poll ;rt :my $3:,: iing s tatia: i ::iiscn~~dusts himself or
at the -
fails t(1 ~ b - pihi: !: .",I! d i r w : :. I ; of the polling offcer
I

palring may be re:no(J..i i':( :nihe polr'1:y ~irtioi: by the polli~g


stat'on.
officer oi by:a:; .:,;w:L'0 % ~ ;;;~1 1 3 , t y or by any person
1.

authori/~Ji t ? i ! . 'f,il;alfby~ii::!~ ;t.>I.liiig ozcer.

(2) he p.: ;,:bj;'s zoilik;.i.i,i ;,;.


:;ub-scction (i) shall
not i .,ii ,zr to ti;ts.-i't clny elector who is
G.;2:._T.;:-b -i
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-
-
-
, 1920 : T. N. Act V] District Municipalities 641

(3) If any person who has been so removed from


a polling st;\t i o n rc-cntcrs the polling station without
the pcrn~issio~lof thc polling officer, he shall be
punishable with irnjx-isonment for a term which may
cxtct~dto t tlrcc n;onths. or with fine or wit11 both.
... .
(4) A11 offc~icepunishable under sub-section (3)
shall be cognizable. . .

E~planation .--In this section, the expression


'polling officer' has the same meaning as in section

156-5. (1) No candidate.or his agent or any other Penaltyhiringfor


person with the consent of a candidate or his agent or procuring
shall hire or procure whether on payment or otherwise conveyan-
any vehicle, or vessel for the conveyance of any elector ces a t electionsw
(other than the candidate himself, the members of his
family or his agent) to or from any polling station:
Provided that i~othingin this sub..sectioi~shall
apply to-
(a) the hiring of a vehicle or vessd by an elector
or several electors at their joint costs for the purpose > I

of conveying him or them to or from the polling


station, if the vehicle or vessel so hired is a vehicle or
vessel not propelled by mechanical power; and
(b) the use of ally public transport vel~icleor
vessel or any railn-a?-carriage by any elector at hi3 . Y n
cost for the purpoje of going to or corning from the
polling statio~:.
1 Exp2rmu~ion.-In this sub-section the expressioil
'vehicle' means any vehicle used or capable of being
used forthe purpose of road transport, whether pro-
pelled by mecha~~ical power or otherwiss and whether
used for drawing other vehicles or otherwise.

I Sections 66-A to 56-N were insn,rted by section 28 or thc Madrac


City Municipal Corporation and District MunicipaIities (Amen+
ment) Act, 1962 (Tatnil Nadu Act 10 of 1962).
125-13-41 .b

I
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642 District Municipalities [I920 :T. N. Act


(2) Any person who contravenes the provisi
of oub-section (1) at or in connection with an election
shall be punishable with fine which may ext
hundred and fifty rupees.
tb t*v~o

Breaches of ?%-K. (1) If any person to whom this section


efeQialduty
in connection applies is without reasonable cause guilty of any act
with election. or omission in breach of his official duty, he shall be
punishable with fine wluch may extend to fi
hundred rupees.

(2) No suit or other legal proceedings shall lie


against any such person for damages in respect of any
such act or omission as aforesaid.
(3) The persons to whuin this section applies are
returning officers,assistant returning oficers, presid
officers, polling officers and any c
to perform any duty in conncjction w
nominations or withdrawal of candidatures, or
recording or counting of votes at an election; and
exprmsion 'official duty' shall for the purposes of
section bs construed accordingly, but shaII not inclu
duties imposed otherwise than by or under this act.
Ramoval of
ballot papers
from polling 46-L. (1) Any person who
gatinn to b~ fraudulently takes, or attempts to ta
Fffmw* out of*a polling station, or \viIfully
d o t af
~ uny such act, shall be pinisha
ment for a term which may extend to
fine which may extend to five hundr
both.

(2) If t!le presidiiig oficer of a polling station has '

reison to lwlii.\-t? that any person is rnmmittkg or has


cvnunitrsti .I rl o r t > r ~ c ~ nish.ibls under ssuktioa
p i t

( 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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1920 :T. N. Act V ] District Mwzicipaiitirs 6 4:

arrest such person and may search such person or


cause him to be searched by a police officer:
Provided that when it is necessary to cause a
woman to be searched, the search shall be made by
another woman with strict regard to decacy.
(3) Any ballot paper found upon the person
arrested on search shall be made over for safe custody
to a police officer by the presiding offickx, or when the
search is made by a police officer, shall be kept by such I

officer in safe custody.


(4) An offence punishable under sub-section (1)
shall be cognizable.
'56 -M. (1) No person at an election shall- 0the t offencep
and penalties
therefor.
(a) fraudulently deface or fraudulently destroy
ally nomination paper ;or
(b) fracdulzntl- dkc:, destroy or remove any
list, notice or other document affixed by or under
the autl~orityof a. returning officer; or
(c) fraudulaitly deface or fraudulently destroy
ally ballot paper or the oflicial inark on any ballot paper;
oI*
(d) without due authority supply ;my ballot
paper to any person or receive any ballot paper from h b. &.

ally person or bc in possession of any ballot paper ;or


%$
<&
( p ) fraudulently put into any ballot box any- :&
thing other than the ballot paper which he is apthorized * :-p:f
. - .$
;A%
by law lo put in :or $ * -

(f) withaut due authority destroy, take, open or


otherwise interfere with any ballot box or ballot papers
then in use for the purposes of the election ; or :t
%

(g) t'raudulctltly or without due nutllority, as


the case may be, attempt to do any of the foregoing
acts or wilfully aid or abet the doing or any such acts.
-- . -
1 Sections 66-A to 66-Nwere inserted by section 11: of the Madras
City Municipal Corporation and District Municipalities (Amend-
ment) Act, 1962 (Tami1,'Nadu Act 10 of 2962'
'WEi7 ;j, ;' LatestLaws.com
,.CS"-""
%
a

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.

(3) For t i ~ cpurposes of this scctioli, a person s h l l


be deemed to be on officialduty if his duty is to take
part in the coi~ductof an dectiun or p'rt of an election
includillg the counting of votes or to be responsible
after an election for the used ballot papers and other
doculllejlts j n wi~nectionwith such election, but the
expression '&!ici:~i. duty' shall 110t ii~cludoany duty
ilnposed otherwise than by or under this Act.

4 An oEcncc punishable under clause (b) of sub-


l ~0glu'zabIe.
;eclion (2) " ~ i ~ lbe
t
tion re- 156-N,N O c 0 ~ 1 - shall
t take cog~lizance of any *3
6

clectioll certaio offence pl~nishable under section 56-F or under


offences. sectioll 56-K cr under clause (a) of' sub-section (2) of
section 56-1~1 except on compls?i~;ti n writing made by
order of, or ontiler authority fronz the State Govern- p

_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).
LatestLaws.com

l[60.Every person convicted of an offence punishab1.e Diswalification


y[undcr section 56, 56-A, 56-B, 56-C,56-D, 56.E of persons con-
56rF, 56-G, 56-13 -56-1, 56-J, 5 6 5 , 56-Lor 56-M] or
Zentral ullder Cllapter IX-A of the Indian Penal Chde shhll
dct XLV be disqualified fro111 voting or from k i n g elcctcd
~f !g60- in any election to which this Act applies or from
holding the office of municipal c~uncillorfor a period
of five years from the date of his conviction '(w""). ] . Y

,
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?
*
~~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,

(b) any vchicle, vessel or animal is needed or is


likely to be needed for the purpose of tra~lsl,. of +f

ballot boxes to or from any polling station, or trans-


port of members of the police force for maintaining
order during the conduct of such election, or transport
of any officer or other person for perfor111an.ce of any
di;ties in conilection with such election, the State
Government may, by order in writing, requisition
sllch premises, o; such vehicle,vessel olr znimal, as the
-- ___ _ __ _
. -- -LL- - ___---__-_
IThis section was substituted for the original section by section 46
of the Tamil Nadu District Municipalities (An~e~ldmcnt) Act, 1930
( r l a n ~Nadu
il Act X of 1930).
2 These words, figures and letters were substitut~d for the words
nt~d$!,ures "undel. scctio~~ 56" by section 19 (i) of thc h4;ldm.i Cit r
Munlnpal Cospomtion and District Municipalities (A~llcndment)
~ c t ]962.(Tamil
, Nndll Act 10 of 1962).
3 c c ~ r Rs such shorter period as -tbc ~ o u r linny, uy
~orc1.d~
order, determine" wcrc o111,itted by section 19(ii), ihid.
&Thisheading and scctions 60-At0 60-I3Were ittsertcd by section
LatestLaws.com
case may be, and may make such further orders as may
appear to them to be necessary or expedient in connec-
+
tion with the requisitioning :
Providcd that no vehicle, vessel ot animal.
which is being lawfully used by a candidate or his
agent for any purllose connected with the election of
such candidate shall be requisitioned under this sub-
section until the completion of the poll at such election.
(2) The requisition shall be effected by an order
in writing addrcsaed to the person deemed by the State
Government to bc the owner or person in possession
of the property, and such order shall be served on the
person to whom jt is addressed.

(4) In this sent'


u 1011-
ia) "premises" means any land, building or
part ot a ~uildingand includes a hut, shed or other
structure or any part thereof ;

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
-.
- I
-

, A
- ------
-r

. .
---I- *--------.-- .- -"-.** -
; : 7
,7 5; i f
,- _ _-*-

$&,&&.9
@

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,

--
. --*.. - d". - *. " -,.-

3
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the fair rent payable for the l ~ ~ l n iunder


s ~ s tllat Act;

(ii) if in coiibcquc~iccof the requisition of the


premises the person interested is compelled tu change
his residence or place of business, the reiisonable
expenses (if any) inciden ial to such change :
Provided that where any person interested, beilig
aggrieved by tbe amount of compensation so deter-
, mined, makes an applicattion to the State Government
,.ithill one month from the date of service of tile
order determining the compensation for referring
the matter to an arbitrator, the amount of cornpan-
sation to be paid shall be such as the arbitrator appoin-
in this behalf by the State Government may

Provjded further that where there is any dispute


,
" to the tittle to receive the competlsation or as to the
'

ortionrnent of the amount o f compensation, it


1- be referred by the State Government to an
arbitrator appointed in this behalf by the State Govern-
ment for determination, and shall be determined in
accordance with the decision of such arbitrator.
Explanation.--In this s ub-section, the expression
'!person interested" means the person who was in
actual possession of the premises rauisitioneb under
swtion 60-A immediately before the requi~it~on, or
where no person was in such actual possession, the
owner of such promises.
(2) Whenever in pursuance of scctiion-6&~
the State Gover~mentr~quisitionany vehicle, vessel
animal, there shall be paid by 1 municipal
council to the owner thereof compensation the amoullt
of which shall be determined by the State Government
on the basis of the fares or rates prevailing in the
locality for the hire of such vehicle, vessel 0I. animal :
provided that where the owner of euch vehicle,
vessel or animal, being aggrieved by the amount
of so determtaed, makes tin app?iwt if, r - 9
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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 :

Provided f urthsr that where immediately before


the vch iclc or vcssel was by virtue
ll-,. I-eqilisitit~ning
01a hire p:lrchase agrec~llentin the possession of a
person other thail the owner, tile amount determined
~lnderthis sub-section as thc total coml~cnsationyaya-
ble in i*espcct of the requ isjtiou shall be apportioned
between that pelson and the owner in such manner
as they may agree upon, and in default of agreement,
in such manner a; an arbitrator 2ppointed by the
State Government in this behalf nlay decide.

power to obtain l60-C. The State Governrne~ltmay, with a view


inform ltion. to requisitioning any property under section 60;A
or determiniilg the conlpensation payable under sectio
60-B, by order, require any person to furnish to
such authority as may be speciiied in the order such
information ill his possessio~lrelating to such prope
. as may be so specified.

Powers of entry IC6-D.


. (1) Ally perso11 autllorised j n this be11
into and inspec- by the S atcGovcror~iltmay enter into any premi
etc ofpremises and inspect such premises and any vehicle,
tion
arimal tlierein for the purpose of determining w
and if so in what manner, an.order under secti
should be made in relation to s~~clc]~premises,
vessel or animal or with a view to securing cohjpli
with any ordev made undcr that scction.

( 2 ) I n this sectiot~tIic expressions "premis


and '-vehicle" have the sanie meanings as i l l seeti
60-A,
____-I_-- -
Sections 60-A to 60-Hwere insert
1
City Municipal Corporation and Distr
~ c t 1962
, (Tn~?>it
N:idu Act 10 of 195'1).
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e;r----.
$y'
-
0--3.920:.T.N. Act V] District Jfiil~licipnlililis (i.13
~
--

'60-E. (Ij Ally person remaining in po:iressi.ifi Eviction fraro


of any rcquisitiollcd premises i i contraventioll
~ of' ally .premises.
rc9uisitianed
order made under 'section 60-A may be summarily

I
t
evicted from the pte~nisesby any officer e m p o ~ ~ ~ c r c d
by the State Goverl~meiltin this behalf.

(2) Any officer so empowered may, after giving


I to any woman not appearing in public reasonable
warning and facility to withdraw, remove or open
any lock or bolt or break open any door of any
building or do any other act necessary f ~ effecting
r
t
such eviction.

'60-Fa (1) When any premises r~quisitionedRelease OF


under section 60-A are to be released from :-isition, premises from
requisition.
>. +

the possession thereof shall be delivered to rhe person I

from whom possessiol~was taken at the time when


the premises were rcquisitionecl, or if t l ~ e ~werc e no
such person, to the person deemed by the State Govern-
ment to be the owner of such premises, and such
delivery of possession shall be a full discl~argcof ihc
State Gover~~rnent from all liabilities in respect of such
delivery,but shall not prejudice any rights in respect of
the premises which1 any other person may bt entitled
by due process of law to enforce against the person
to v!hom pc7sses~in11c 71 lie nremises is so dcliv:red.

(2) Whcre t.hc pcrson to wholn p(,sscssioi~of any


prelnises requisitioned under section 60-iZ is to bc
given under sub-sectios~(1) cannot be foulld or is not
readily ascertainable or l ~ n sno agent or any other'
persoil cmpowercd to accept delivery on his behalf,
tile State Cro~c~liineilC shall cause a i~oticc,dcclnring
.that such PI-emiscsare released from requisition to be
affixed on some coi~spicuouspart of suc11 premises
and pnb!isl? tltc notice ~ I the
I Official Gazette.
--
. I Seqtions GO-A to 60-Hwere inserted by section 20 of the Madras
City Municipal Corporation and District Municipalities (Amendn~ent)
Act, 1962 (Tamil Nadu Act 10 of 1962).
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0
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District ~unicjp&ties [I920 : T.N .
(3) When a notice referred to in sub-sectio
is pibliphed in tho Official Gazette, the prem
specified in such notice shall cease to be subje
requisition on and from the date of such public
and be deemed to have been delivered to the per
entitled to possession thereof, and the State Gove
merit shall not be liable for aiy compensatio~lor other
claim in reswct o f such prcrnises for any period after
the said date.
'60-6. The State Governmei~tm:\y, by notification, .
Dtlegatiolr of
fun~tionsof the direct that any posicrs confcrsed or any duty imposed
state Govern- on the State Gover~mrmthv a n y of the provjsions of
mant wit11
regard to sections 60-A to 60-F shall,-u~~ddcr such conditions, if
requisitio~linc any, as m.dy be: specified in thc direction, be exercised
or discharged by such officer or class of officers as may
be so specified.

penalty forcon- '60-H. If any person contravenes any order made


'
travcntion of under section 60-A or section 60-C, he shall be puni-
any order shabb\e with i~prisonmentfor a term which may
regarding
- r~qoisitinning. extend to one year or with fine or with both.
I

61. (1) P+11 public streets in any municipality,


eta with the pavements, stones and other materials thereof,
and all 3[works], inaterials and other thi~tgs pr
de f o ~such
* streets, all sewers, draias,drainage work
council. tmmels and culverts, whether made at the cost of t
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(2)Thc '[State Government] may bly noti-


fication withdraw any such street, sewer, drain,
drainage work, tunnel or culvert from the
control of the council.

2[61-A. Where any public street has been with- Duty of


municipal
drawn from the control of a municipal council under cauncil , %

.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

(b) for the provision, maintenance and repair ,

of the water-supply mains, drains md scwbers in,


alongside or under such street ;
(c) for the provision, maintenance and repair
of footways attached to such street:

1 The words Provincial ~overliment" were substituted for the


a4

words '' Local Government " by the Adaptation Order of 1937


a d the ward "State " was substituted for '' Provincial " by the
Adaptation Order of 1930.
2 This section was inser'cd. by section 2 of the Madras District
Municipalities and Local Boards (Amendment) Act, 1946 (Madras
Act VII of 1946), which came into force on the 23rd March 1946 and
which was re-enacted permanently with specified raodifications by
section 3 of, and the Schedule to, the Tamil Nadu Reenacting
mo. 111) Act, 1948 (Tamil Nadu Act IX of 1948).
a This word was substitutd for the word '6 Provincial " by the
Adaptation Order of 1980.
4 This clal~sewas substituted for the ori 'nal clause by the Schc-
18;
dub to the Tamil Nadu Re-enacting (No. 1 Act, 1948 (Tamil Nadu
Act lX of 1948).
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Provided .that where iii r;:~ di~chnrgeof.


rlutics, it is ncccssary for the council to open
break up the soil or pavement of any such street,
the councii sh:tlt obtain the previous consent of such
oficcr of ihz i-ligl~\vaysDepar!ment as the I[
Government may by general or special order sp

Provided further that in cases of emergen


the council may, without such consent, open
break up the soil or pavement of any such st
but shall, as far as practicable, restore such soil
pavempnt .o the condition in which it was immediate1
before it was opened and broken up; and a report
tlie action so taken and the reasoils therefor sha
be sent forthwith to the oficer specified under th
foregoing proviso.]

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

Power of 63. Subject to the control of the .[S


2[(1);
Board of
Revenue to Government] the Board of Revenue :nay by no
transfer cation, 4 [ ~ i ~ 1 7the co~lsentof a inunicipal counci
control of :lteke over to the council] th: ri~anagernent a
endowments
to lnun icipal superjntendcnce of any cl~m-i table cndo~iment i
council. respect of \\'iiich p o ~ i c ~ . c duties attach to t
: 1 " 1 ~ 1 1

i This wart? was ~ubstitutecifor thc word '( Provincial " by


Adaptation Order 01.1950.
l l i \ ~ ,: i..-ii:l.r,,clz.f as 63 (I), by se
2 Tfle ~ ; i g i l ~sl cl ~ t i ~63
5 of the h4atfr;is District Mi~tli~;inalil ics ('Tkirtl Amclrd~ncnl)
1942 (Mac' rnc Act XXXVIll o f 1'142). i*c-u~~uc;!cd pcimar
specified niodilic3tionr, by, scction 3 it:',and tile Schcdi~leto,the
N;idu lie-enacijrlg (No. IIT) Act, i938 (Tamil Nadu Act 1X of
3 Thc pvord.; *. Provincial .G ~ \ ~ e r n n l e n"twere substitu
.+1 ?-:.I C:.- ernmcnt . t' ; r ' - 2 lZil~:-;zljsn Order a
- - ..- - *
t\ i77-,!i

. . . .* - -
,
.- ..- - % '
3- .,-

--2 ,- ...*irft
I

- - - -.-_,
7

+ TZAS - ._-,- ..ci..siC~:*.-.- .-. . .-,-


,-
.- . - 2 .-. . .-
-. -:,-..-.- - - -..
L
-:*-<
-1 - 2
- -
,
.- - 2 z-255~~:
.-ex - 3

. *
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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1920 : $1.N. P.et V'J District ~.lu~icipfilitics 652


Board of Rcvcl~ucunder tlie provisioiis of the '[~arnil
Nadu] E n d ~ ~ ~ r si ~and
~ e nEscheats
t Reg ida.tion, 1 8 172;
and thereup~llall powers and duties which attach
to the Board of Revenue in respect thereof shall
attach to 3[the council] as if it had bcen specially
named in the said regulatio~l, and the council shali
manage ^(and sur c:rintend) such endowlncnt .

"(2) Tile iio:,rd of ilevenuc: 1n:Ly of its w n


motion aiid shall o i l a direction frcm ti-:c " [State]
Goverl~mei~t, by i~otification, resume l l ~ c mailage-
ment and supei.jntende~~ce of ally erdowment made
over to a mu,iicipal council under sub-section (1);
and upoo such resumption, all tils powers and
duties attaching to the council in respect of the
endowmen4 sl~nllcease and deternri~~e.!

64. (1) The ?[executive authority] shall n~ai!?:,~ln


an ilive~ltol-y of all immovable property owm:ed by property.
:;x;$;~~~
the lnnnicipal council or to vrhich the couj~cilhas a
ieversiol~aryright.
1 These words were substituted for the word & d Madras " by the
Taxnil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Secbnd Amendment) Order, 1969,
~ h i ~ 1 . lcalm into force on the 14th January 1369,
- . 2 This Regulation has been repealed in its apyljzttion to l-tindu
. rdigious institutions and endowments by section 6 (a) of the Tamil
Nadu Hindu Religious and' Charitable Endotyrnents .Act, 1959
(Tamil Nadu Act 22 of 1959).
3 These words were substituted for the words " such council"
by section 47 (i) of the Tamil Nadu District Municipalities (Amend-
ment) Act, 1930 (Tamil Nadu Act X of 1930).
.. 4 These words were: inserted by section 47 (ii), ibid.

5 This sub-section was added by section Ei of the h4adras r)jstrict


- Municipalities (Third Amendment) Act, 1942 (Madras Act X X X V I I ~
. of 1942), re-enacted periaanently with specified modifications by
scclion 3 of, and the Schedule to, the Tamii Nadu Re-cllactinp
(NO. 111) ~ c t 1948
, (Tamil Nadu Act IX of 1948).
, 6 This word was sl~bstiiutedfor the word Provjncial ' by tile
Adaptation O ~ C ~ofC1980.
S
7 Thsse ;or& v;elc :;ubstituted for t l ~ cword c6c;liairm:tll" tbY
section 17 (1) of thc Madras District Municipr.lities (iknendrrteek)
P ct, 1933 (Madras Act XV of 1933).
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654 District Munic$p.paliries [I920 : T.N. Act V


(2) A copy of tile said inventory shall be depo-
sited in the office of the revenue divisional ofbxr
of the division in which the municipality lies, or,
where there is no division, in the office of the district
collector, and all changes shall be forthwith communi-
cated to the raid officer or collector.
Limitation 65. The cbuncil may accept trusts relating ~ X C ~ U -
of power to sively to the Furtherance of '[any purpose] to which
accept
Property the municipal fund may be applied.
in trust.
Objects not 66. The '[State Government] may, '[with the
provided con,.*-+ of a municipal council, transfer to the council]
for hy this .
Act. the management of any institution or the execution
of ally work not provided for by this Act, and i t
shall thereupon be '[lawful for the council to under-
take such management or execution ]:
Providea that in every such case the funds
required for s uch management or execution shall
be placed at the disposal of the council by the
2 [ S t ~ t eGovernment].
proccdurr 67. Any immovable property whi
for acquisi-
tion of authority is authorized by this AC
j.'x
immo~blc be s~quiredunder the provisions o
% PfOptrtY sition Act, 1894. and on payment of the compensa-
6. under the
g-4 Land tion awarded under the said Act in respect of such
property and of any other charges incurred in acqui-
"
Ac uisition
i3,*.
q Ac ?, 1894. riiig it the said property sliall vest in the council,

1 These \\ ! d c were substituted for the b\suid p


section 08 ol tht Tamil Nadt: Dijtrist Xlcmiciw'iitiits
Act, 1930 (Tamil Xadu Act X of 1930).
2 The words ** Provincial Government " were substituted for
words Local Government " by the Adaptation Order of 1937
the word " State '"was substituted for Provincial '
4d

ptation Order of 1950,


Thcsc words were substituted for the words wit
of the council of any municipality, transfer t
by section 49 of the Tamil Nadu District M
Act, 1930 (Tamil Nadu Act X of 1930).
* These words wzce substituted for the w
counciI to undertake rht management of the i
tion of the work" by ibid. c
. -" t
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2-eETzr--- , :

- - - . .- -- _ ___^___

1920 : T.N, Act V] District Municipa/ities 653

Contracts.

68. '[(l) A council of the grade specified ifi column Delegation


(1) of the Table below may delegate to the chairman of authority
to contract
or to a committee con!;isting of two or more memo ,,d con.
bers the power of making on its behalf any contract tractus1
the value or amount whereof does not exceed the PowerS of persons
sum specified in the corresponding entries ir. coh~mnappointed
(2) of that Table :- by Gavern-
men t.

THE TA~LE.

Jfcixirt;zufl2
value oko
ajnbtmt.

RS.

1. (a) Special grade municipalities with] -


an average annual illcome of \
more than fifty llnkhs of rupees. \ I

(b) Selectio~lgrade inunicipalities with


an average annual income of not
more than fifty lakhs of rupees /
i 5,QC
I
i
8
f
!

!
but more t h i ~ ntwenty-five lakhs I\
I

of rupees. J

2. 1grade municipalities with an average


annual income of not more than
twenty-five lakhs of rupees but
lliore than ten lakhs af rupees . . 4,W;

__-----_ ___^ _-__-__-_--. - - ---- -

1 These sub-sections sub~til uted for the original sob-sectln~


(1) and (2) by section 2 of tht: Tamil Nadu Distrid Muuicipa'.
ties (Amendment) Act, 1970 (Tsmil Nadu Act 30 of 1970) werr
.
deemed to have come into force on the 24th October 1970,
t
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3. I1 grade m~lnicipalities with an


average annual insome of not
more than ten Iakhs oj'rupees
but marc thar~fvc lnkhs
rupees.
of
. . 3,000
Ii
t
4. Ill grade int~nicipalitics wj t h an
averagc ::-llnual i ncolne of not
~ ~ 1ive1:jtt- ,?r rupees.
1 7 1 0 that1 . . 2,000
f3ri,vided that in the case of ~nunicipalities
included in Sc'.~edi~le I X or notified under sub-section
(1) of section 12-C the po\Lrer of making on behalf
of the council all contracts sl~allbe exercised by a
committee consisting of the chairman, the commis-
sioner and one member of the council elected by it ;
andthecouncil sl~all.not exercise or delegate the
paver of making such colltracts.
I Explanat ion .-The ava rage a~mualincome shall
for the purpose of this Table be calculated under
Gcncrsi A c c a u ~ ~Ordinary
t for three consecutive
iinancial years immedi2tely preceding the financial
year in which such.calculation is made.
\
(2) In respect of a contract the value or amount
whereof exceeds the slum
- of the Table under sub-s
tile c o ~ n c i lfor tile maki
before the same is made.]
, i tI I t iI i n tlic two. 01*e
I
%( 4 L ,

:-ibb? < . ( I , 7 I .

i t 3 1 (biate 21'ili31e11
----- --.- ---
1 T ! ? ,,<,,,'< + ,1',,\i:3";3] ~+.',,--.--'-f ..
.... .* "

;:-: .- .-
,. >:.
-*:
-.
- - a
.
";Lrc,--fc .)yIi;_' ;i;~?"jt

I
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LatestLaws.com

makk such co1:tract.s as are necessary for tl2e purpose


of carrying s~~clz work into execution to tkc extent
of the s u n provided such work; ;md the municj-
ji
4
'i.
pal csuncil silall pay to the person so appointed
such sums as inay be required for the said purpose
, to the exteat aforesaid.

l[6&A. The power coiiferred by section 68 to Rule


make or sanction contracts shall be sub,ject to such regarding
the condi-
rules as may be prescribed in regard to the conditions tions on
on which, and the mode in which, coiltracts may be which
made or sanctioiled by or on behalf of municipal contracts
councils.] made.
,,,
69. (1) Every contract made by, or on behalf ~ ~ of a e
of, a cch~lcil,whereof the value or amount exceeds co executing
'[one hundred rupees] shall be in writing and except ntracts.
in the case of contracts made under th.e pro-
visions of sub-section (3) of section 68 shell be signed
by two municipal councillors :
afprovided that in the case of municipalities
illcluded in Schedule IX or notified under sub-section
(1) of section 12-C, every such contract shall be
signed by the co~l~missioner.]
(2) A conbract executed or made otherwise than
jn conforinity with the provisions of this section,
section 68, and of the iules referred tc) in section
6 8 4 1 shall not be binding on the municipal council.
C
w -- -------
I This section was inserted by section 2 of the b/;adras District
Municipalities (Amendment) Act, 1941 (Madras Act X of 1341),
re-enacted pcrmancntly by section 2 of, and the Fit.ft Schedule to,
tile Tamil Nadu Rc-cnacting (No. 11) Act, 1948 (Tamil Nadu Act
VIlI of 1948).
2 These words were substituted for the ex~ressioi~ " Rs. 100 "
by sectio~~5 1 of t i l e 'Ta~nilNadu District h4unicipali;ies (An1endn:en t)
Act, 1930 (Tam;l Nadu Act X of 1930).
a This proviso was added by section 11 of the Madras District
Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).
e This expression was substituted for the words in conf 69
--l~;t

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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Establish- Ii70. ( I , The sanction of the council shdl


meat of obtained 'fo: :ill psoposals for fixing or altering t
municipal
council.
nul~~ber, designatioas and grades of i t s officers an
servants and the salaries, fces and allowances p
able to thew.
(2) Such proposals shall bc t
tion by the council. only at the i.11.
tive authority) and the c o u ~ ~ c i l
with or without modi5clztions :
Provided that no proposal adversely
any municipal officer or servant who has
t l ~ epermanent service of
tllail five years and is dra
than fift,j rupees per mensein,
except at a special meeting coilvened for the
pose and no such propos
unless assented to by at least on
then on tlie council.]
3[(3) N otwithstandjng anything contain
sub-sections (I) and (2), the 4(State Gove
shall have power to fix or d t
nations and grades of, and the
wances payable to, the officers and serv
municipal council or soy clas
servants; and it shall not be open to the
council to vary the number, designatiops
I salal ies, fees or nllownt~cesa,s 50 fixed o:
I

/
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

. ? -.,. ;. \ %\ , \\ < \ :,:,%i,,


, ..
b i ' j ~ l l ~ . i j ~ : i ' . ~f y 'h '~q '.+ >
lit\i : ~ i ) t t ~ k j t , , , i,;I)
~ gjl.,,
of 133:)).
4 The Word3 "Provincial Goverrln,lent y*

words "I G o v e v e n t " by the Adaptation


and the word "State " was substituted for ;'
Adaptation Order of 190'0.
' -..A. .
. O

9 n
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- - --

1928 : T.N. Act V] Districi Mtulicipol;iics 659

=[?la (1) '[T~I ally municipality which neither The


included in Scl~eduleI X nor notified under sub-section
'C

(1) of section 12-C ] a post of secretary may be sanc- officer


:z;kE&
tioned by t11c council. and the
engineer.

(2) Ally niu~licipal council, by special re~olu-


tion may, and every coui~cilwhich during three cotl-
secutive years has realized an incomc of one hundred
thousand rupees from ordinary receipts, shall, if
so reqilired by the 3(State Government), sanction
a post of heaiih officcr and a post of municipal I

'i(2-A) Any municipal council which has under-


taken the generation, transmission, or supply of
electrical energy, by special resolu~ionmay, and if
so required by the 6(State) Governmznt shall, sanction
a post o f municipal electrical enginee.. B(finy such
municipal council, if so required by the 5(State>
Governmalt, :hall nlqn sanction by special resolu-
tion, on- or niore posts of assistarkt mur~icipalelcc-
trical engineer)l.
_ - __ _ _ _ _ _ _ _-___-___----- --- ----..--
1 This scctiou wils substituted for the original scction bj,secti-
53 of thc Tamil Nrrdu District h4unicipalitles (Ameud~nent) Act,
1930 (Tamil Nadu Act X of 1930).
2 These words uere substituied for the words a If, in any munici-
pality, there is salary attached to the office of chairman " by
section 17 (2) of the Madras District Municipalities (Amendment)
Act, 1933 (Madras Act XV of 1933).
8 The %words" Provincial Government " were substituted for
the " Locd Governnlent " by the Adaptation Order of
1937 and ihc word " State " was substituted for " Provincial "
by the Adaptation Order of 1960.
4 This sub-~ectionwas inserted by section 2 (ii) of the Madras
District Municiparities and Local Boards (Amendmen* Act, 1938
(Madras Act XVTII of 1938).
5 This word was substituted for the word " Provincial " by the
Adaptation Ordcr of 1950.
0 This sentence was added by section 2 (i) of the Madras
District Municipalities (Amendment) Act, 1945 (Madras Act
XMII of 1946), re-enacted permamently by section 2 of, and the
First Schedule to, the Tamil Had11 Re-enacting and Repealing
(No. 1) Act, 1948 (Tamil Nad~zAct VII of 1 148).
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663 District Mimicipalities [I920 : T. N. Act V


(3) The salaries of these ocficess shall be fixed
t
by the rrunic pal council subject to the approval of
&he'[State Goveri~ment].
(4) Every secretary, healt 11 officer 2[engineer,
electrical engineer or assistant electrical engineer]
shall devote his whole time to ihc duties of his ofice
and shall not engag: in any othcr profession, trade or
business.]
I

Filling up 72. (1) On the occurrence of a vacancy in, or


of the
appoint- after the creation of, an office of health officer, a[engi-
ment of neer, electrical engineer,or assistailt electrical engineer]
hwlth an appoin~rnei9kshall be made thereto by the council .
officer,
electrical
engineer*
or subject to the spproval of the I[State Government]
within four moirths from the date on which the vacancy
occurred or the ooaice was created or, in the event of
Ii
any appointmelt so made by the council not being
confirmed by the '[State Government] within thirty
days o f the dats of the receipt by the council of the
orders UL rhe [State Government].

(2) 111 dcfault of an appointmeilt being made by


the council as &resaid, the [State Government]
may appoin? a persou to hold tile oftice, and such
appointment shdl, for all purposes, be deemed to
have been made by the municipal council.
The words " Provincial Gover~ime~lt " were substituted for
the words " Local Government " by the Adaptation Order of
1937 and the word " Slate " was substitntcd for " Provincial "
by the Adaptation Order of 1950.
2 These words were substituted by section. 2 (ii) of the Madras
District Municipalities (Amendmat) Act, 1945 (MadrasAct
& v I I of 1943), re-anscted permaneutly by section 2 of, and tho
Fist Schdule to, the Tamil Nadu Re-enzcting and Repeal
(Mb. I) Act, 1948 (Tamil Nadu Act VIC of 1918) for the WQ
b* mgbeer or electrical engineer " as substituted for the wo
" or engineer " by section 2 (iii) of the Madras District
Municipalities and Local Boards (Amendmect) Act, a93
(Madras Act X 1111 of 1938).
3 Thee word,, were substituted by section 3 ibid, for the words
"'euginea or eltxtrical engineer " as substituted for the words
"or engineer " by section 2 (iv) of the Madras Distric
Municipalit.tiOSand Low1 Boards (Amendmen
(Madrar Act XVllI of 1938).
C
. *+- C
. -*..
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(3) Pending the settlement of zc. ::ppointmeat


under sub-section (1) or (2) the municipal council
may appoint a person to hold the office temporarily
and may direct that the person so appointed shall
receive such salary not exceeding the sanctioned
salary of the post as it shall think fit.

'[(4) No such officer shall be removed from


office except with the consent of the '(State Govern-
ment). Such consent sllall be given if the removal is
reco~nn~ended by a resolution of the council passed
at a special meeting called for the purpose and suppor-
ted by the votes of not less than two-thirds of the
sanctioned strength of the council.]

a[73. Save as provided in sections 12-C ancl 72,Fillillg FP


of appoint-
appointm~iltsto all posts under the municipal council,t,,
the pay or the maxinlum pay of which excecds '(fifty other than
rupees) per mensern shall be made "(by a coilunittee thosl:
specified in
consisting of the chairman, the commissi~t w r anu setions
one member elected by the council) and appoini~ilents12-C! and 72
to all other posts under the council shall be made by
t l ~ eexecutive euthority, subject to '[any rules (in-
cfuding rules for the representation of different commu-
nities) which the 2(State Government) may make
in h i s behalf :j
1 -
1 This sub-section was added by section 54 of ihe Tamil Nadu
District Ml~nicipalitios(Amcndrnon t) Act, 1930 (Tamil Nadu Act
X: of 1930).
2 The word;; Provincial Gover~?ment" wcrc substituted for
the words " Local Govzrnment" by the Adaptation Ordzr of 1937
and the word " State" was substituted for " Provincial" by the
. Adaytatiort Ordor of 1950.
8 This sectioil was substituted for the original section 73 by
section 12 of the Madras District Municipalities (Amendment)
Act, 1933 (Madras Act XV of 1933).
4 These words were substituted for the words "eighty rupees" by
section 3 of tl16 Madras District Municipalities (Amendment) Act,
1935 (Madras Act XVIlI of 1935).
6 These words were substituted for the worcls "by the council"
by ibi4
6 These words were substituted for the words "any rules
which the Local Gc-~~rnl::~s+ mahc in this b ~ h a l l ' by
i73Q:r ' section
4 of the Madras District Municipalities l S e ~ ~ nAmentlmcnt)
ll ~ci,
1934 (Madras Act I V of 1935).
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Provided thai,,in case of emergency--

prohibited by any resolution of the muni


co~~ncil;and
(b) every appointment made 'under clause
shall be reported by the executive authority to t
council at its next meeting.]

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).]

1 This section was insertcd by section 5 of the Madras District


~ ~ n i c i p a l i t i(Secoiid
es Amendment) Ac c , 1934 (Madras ~ cIVt of
1935). See the corrcspondiw 6 ~ ~ 1 i o x34 1 (4) of the Tamil ~~d~
village panchayats Acr, 1953 (Tamil Nad ii Act X of 1950).
2 These words W2sC ~ubrtituted fcir llie word "Madras"
tile Tamil Nadu Adaptat ion of Law8 Order, 1969,as amended by the
by
.yami\N 7 . d ~Ad2~tLtiOn of Lz ws (second Am-ndment) Order,
1969,which cemc into force on the 14tl~j ~ n ~ : o 1969,ry
8 the Tamil Nzdu District IJonrds Act, 1920 (Ta7rnil~~d~
Act XIV of 1920)-

.." .. . .
- . _'a p &' ...~ e* .:,..''V*'r..""
"
.
., ,, ,
?.
. - 3i.3
#$' .,??,> .+
>, b- 5 .
.. .
I
.
.'**Shl.
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- --

ct V] District Municipcrlities 663

74. Subject to the '[provisions of this Act and any p ,, ,,f


rules which the 2(State Government) may make council to
in this behalf,] the council may frame regulations in service
frame
respect of officers and servants on the muriicipal ,gulations. I

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-

(e) establishing and maintaining provident fuuncla


I and making contribution thcreto compulsory ;
Cf) reg~~lating cc~nduct;and
(g) generally prescribing conditioils of service :

1 (i) that the amount of any leave, "leave


allowances, travelling allowances, pensiozl or gratuity
I
provided for in such regulations] shall in no case
without the special sanction of the "State Government]
ed what would be admissible in the case of Govern-
t servants of similar standing and status ; .$
L

(ii) that the conditions under which' such'


a110wances are granted or any leave, s~rperannuation
or retirement is sanctioned shall not wlthout similar
ction be more favourable than ,those for the time
ng prescribed for such Government servants.
- -.
I

i These words were substituted for the words and figures


revisions of sections 12, 17, 71 and 77 and any ruler made by the
ouncil" by section 56 (i) of the 'Tamil 5 adu District
(Amendment) Act, 1930 (Tamil Nadu Act X of
"Provincial Government" were substituted for the
Government" by the Adaptation Order of 393'1 and
tate" wixs substituted for "Provincial" by the
Adaptation Order-of 1950.
8 These words wore subititut-d for the words "and acting allo-
wances" by section 56 (ii) of the Tamil Nadu District M ~ n i c i -
palitics (Amendment) Act, 1930(Tamil ~ a d Actu X of 1930).
4 ~ h wordsw ~were substitdted for thc words "and lcave al!o-
wances, gratuity or pension granted under these rcgulatians9' by
section 56 (iii), ibid.
P
.5

. ". . .,^
.
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664 Districf ~Uunicipalities[I920 : T.


Power to 75. Subject to the provisions of section 77 and to
punish such control as may be prescribed by the '[State
municipal
officors or Government] the 2[~xecutivezu thority] may '[censure,
servants* fine, ,.:thhold promotion fro1111, '[recover the whole
or part of acy pecuniary lass caused to the municipal
council from the pay of] rcdnce, suspend, remove
or dismiss ":t.rny omcer or servant in the scrvice of
the mui~icipalitylexcept a kcnlth off~cer"a municipal
engineer, rrmunicipal electrical engineer or an assistant
muilicipal electrical enginecd for any breach of depart-
mental rules or discipline, or for carelessness, un-
fitness, ileglest of duty or other misconduct:
'[Provided that a fine shall not be imposed on any
municipal officer or servant unless he is a bill collector
or the holder of a post which is classified by the S(State)
-Tho words "Provincial Governm~nt".were st,bstituted for
Government as inferior or menial.]
1
words "Local Government" by tho Ad3j)tation Qrder of 1
and the word "Stste" ivas substituted for "Provincial" by
Adaptation Ordcr of 1950.
2 These word3 w2re substitntod for the word "chairmao"
section 17 (1) of the Madras District Municipalities (Arne
ment) Act, 1933 (Madras Act XV of 1933).
8 Those wc rd; wore substituted for tho word "fine"
57 (i) of the Tamil Nadu District Municipafitiec (A
Act, 1930 (Tdmil Nadu Act X of 1930).
4 These words were inserted by section 3 (3) of tho Ma
City Municipal Corporation, District Municipalities
Panchayats (14mendmont) Act, 1968 (Tamil Nadu Act; 6
1968).
6 T1.rese words were substitutecl for the words "any munici
officer o r servant in its service'
Second Schedule to, the Tamii Nad
~ c t , 1961 (Tamil Nadu A
the words "in its service" were inserted by
57 of the Tami! Nadu District Municipalities ( A w n
~ c t 1930
, (Tamil Nadu Act X of 1930).
6 These words were substitute
District MuniciPalitie~ (Amsndme
=I11 of 19451,re-enacted perm1
the First Schedule to, the Tamil
(NO. I) Act, 1948 (Tamil Nadu
''a municipal enginoer or ri Ill
substituted for thr3 words "or n
2 (v) of the hl,:rlr.iS District BZ 1
(.&m;l :dm=ot) 2, -.r 1338 (>lad-.
7 Th,; pro;,- ) ;, ;5 k d d - r i r, j
r)jktctcl t ~ ~ i ~ i ~ ~ t t arid j ~ t ~I ~ i -; ~ .,l ,i : ('.(,{.f,:t(j
, * ~ lJIG, 1

.\<t, [ V l ' (hl l'i 44. i I ,tCVlII i * I


>>
- <:. .-9 1 ,
\
..
;+,! [h+ \ * . I * ~ '.,'I
j,."cS; .?C$ i.2.- 3.; .'\;
-,.-i ":;i'l$ I?
:; '\ '\ > ,<*: $ +;:<n,;
of 193.8).
.. - - ?
8 This ~r0-dihTv;aS LUb~t:A.-l 1- " provincial *
the \~~fir<f
Adaptation Order of 1950
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-.--

-- - ----- _ -

. N. Act V] Districf Mti~~icipali?ies 665


-.

76. The '[executive authority] may grant leave to all Powerto


municipal oHicers and servants. grant
leave to
2[76-~.Notwitl~standing . anything ccntailled itl t, establish- r
this Act-- Power of
(a) the '[State Governil~en t] may, by notificat ior., state
take power to appoint the health oficer, '[the munici- Governntetlt
pal engineer, the municipal electrical ecgineer or hcalth
,ppoi,,, ,
the assistant nlt~~~iciyal electrical engineer] in theofice'.
engineer or
case of any ~l~utlicipality or class of mtulicipalities ; ;lectrical
(b) the '[State Government] may recover from
the municipal council concerned the whole or such
proportion of the salary and allowances paiA to
any such health officer, "[engineer, electrical engineer
or assistan t elect rical cngii~eer]and such contribution
towards his lcnve allowances, pension and provident
fund as the "State Government] may, by general
or special order, determine ;
(c) the 3[State Governnlent] may, at ally time,
withdraw any such health oflicer, '[enginem, electrical
engineer, or assistant electrical engineer: and appoint
another in his place ; and
(4 the "[State Covern~nent] shall have power I
to regulate the methods of recruitment, collditions
of scr:nice, pay and allowances and discipline and con-
- - .-.
1 These words were sobstituted for the word "chairn~an" by
section 17 (1) of tlie Madras District Munlcipalilieq (Amend-
ment) Act, 1933 (Madras Act XV of 1933).
2 This section was jnscrtccl by section 2 of the Madras
District h/lunicipa!ities (Thircl Amendment) Act, 19313 ( l l ~ d r n s
Act XI1 of 1933)-
c The ivords " Proyinc'si Govc-rnmcnt" werc tubsiii~!icd f o ~ .
the words ' ' ~ Govcrnn~u.i"
~ ~ ~ l :j tile 4dnpfnlioi1 Oi.drr of
1937 and the word "State" was substituted for ":'rovlncial" by
the Adaptatiolz Order of 1950.
4 These words were substituted by seotion 5 (i) of the
j ~ a d ' r a sDistrict ~ u n ~ c i p a l i t i e s (Amencmenc) Act, 1945
(Madras Act XXIII of 1945), re-enacted permanently by section
2 of, and the First I'clledole to, the Tamil Wadti Re-enacting
and ~ ~ p c a l i n( N
g o I) P.ct, 1948 (Tamil Nadu Act VII of 1948).
for the words "the mrinicipal engineer or the municip:l.l
electrical cnginecr" as substituted for the words "or the
municipal engineer" by section 2 (vi) of the Madras Distriot
Municipalities and L o ~ a l Boards (Ameildmnt) Act, 1918
(Madras Act XVIPI of 193 8).
6 ~ t e s words
c were substituted by srction 5 (ii), ibid.
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duct of the hca

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.

for ttf, ~ 3 r d 6b21


;
District Municig
1938 (Madras A
The words '
the words "LOG
1937 and the w
by the Adaptation Order of 1920.
a These words wc:.e inserted by the Adaptation Order o
1937.
4 This word was. substituted for the word "ProviaceY'by t

'" r,+*
1
', ,
. *.%i "
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'[(3) No Govenmei~t servant employe6 by a


municipal council shall be dismissed or rernovcd
from such employment-
t" (a) in case he is employed as a inedical officer,
I -& without the COIISCII~ of ~ I I P 2(Stafe) Gcvth+nmcnt;
and

(6) in any otf..er case, without the consent


of the '(State) Gov(~smentor until three months'
notice in writing to that effect shall have been given
to the chief controlling authority of the branch
of the Government service to which the Government

e consent of the municipal council, unless and

ment se~vanthas been deputed to replace the one

( 5 ) Governmertt servants employed by munici-


pal councils shall be entitled to leave and other
privileges in accordance with the regulations appli-
cable te the department of the general administration
to which they belong.
--
This sub-section was
1
----I__

substituted for the original sub-section


(3) by seaion 2 of thehladras District 3lunicipalities and Local
Boards (Amendment) Act, 1942 (Madras Act XI1 of 1942). which
came into force with retrospective effect from 21st March 1941
and was remenacted permanently by section 2 of, and the Flrst
Schedule to, the Tamil Nadu Re-entacting and Rewaling (N0.T)
Act, L948 (Tamil Nndu Act VII of 1948).
2 This word was sybstituted for the word "Provineiul" by
the Adaptatioll Order of 1950-
8 The words c c Provincial Government '' were sub.*tjtrrtcd for the
words " Local Government '*by the Adaptation Qzcler of 1937
and tho word a State '' was substituted for "Provincial" by the
Adaptation 3rdtr of 1950.
I
I
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661 District Municipalities [I9


Brovjnciali- 'E77-A. (1) Notwithstanding anythkg cant
zation of in this Act, the [State Government] may,
any class notification, constitute any class of officers
of municipal
officers pr servants of mmicipal councils into a municip
servants. service for the [State of Tamil Nadu] :
Provi bd that no notificdion shall be issu
under this sub-section-
(i) unless all the municipal cauncils constitut
under this Act have been consulted in respect there0
and
(ii) unless a majority of the councils
consulted have passed a resolution supportin
issue,
(2) Upcn the issue of a notification unde
section (I), the '[State Government] shall ha
power, '[subject to the provisions of section
to make rules to regulate the classification, met
of recruitment, conditions of service, pay
allowances and 2iscipline and conduct o f the mun
cipal service thereby coilstituted and such ru
may vest jur isdktion in rela tion to such servics
'[State Goverr.ment] or in mch other
or autho~.iticsas may be prescribed therein.]
Management "77-0. Notwithstanding anything contained in
of certain this Act, where ;L college maintained by a municipal
municipal
colleges and ~ , the managem-ent
council is affiliated to a J l ~ i v Feity
appointnwnt -- - ---- -- --
of staff, 1This sec ti011 was added by section 58 of the Tamil Nadu
etE ., District Munic!paIi~ics(Amendment) Act, 1930 (Tamil Nadu Act .n
thereto. X of 1930).
2 Thewords "Provincial Government" were substituted
for the wo .ds " L o ~ a Governmznt"
l by tho Adaptation Order of
1937 and the word "State" was substituted for
" ~ r o ~ i n c i a lby
" the Adaptation Order of 1950.
3 This expression was substituted for the expression "Presidency
of Madras" by tile Tamil Ncdu Adaptation of Laws Order, 1970,
which was dccmcd to I~avccomc into f ~ r c e on the 24th January
1969.
a This exprcscioll was subs1 ituted for the ex
to the provisiulz~of section 305-A" by section 2
Nadu Disricl Municipalities (Amendment) Act
Nadu Act 5 of 1973).
5 This scct:itn was inserted by section 2 of the
Y!znicipolities (Second Amendment) Act, 1944 (
qf 1944),re-ecacted permanently by section 2 of, and the
Sdaedule to, the I ' d 1 Nadu Relenactlng (No. 11) ~ c t ,
(Tamil Nadu :Act VIlI of 694S)*

E
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of the college si~all,if the laws of the University


so require, vest in n gover~~ing body constituted in
accordance with suc11 laws and such governiing
body shall exe1:cisc in selatioll to the meinbers of
' the teaching stag and the establislunent of the college
all powers of appoitltment, control and punisl~~nne~~t
which by or under tllc Act vest in the committee
referred to in section 73 or in the executive a.utilority.1

PART 111.

W.-TAXATIONAND FINANCE.
CHAPTER

78. (1) Every municipal council may levy, Enumera-


tion of
(a) a property tax ; ordinary
taxes and I

[(b)] a profession iax ; powers of


control of
State
* [(c)] a tax on carriages and animals ; Govern-
[(d)] a tax on carts.
111211 t .
.*.
' [(e) * rtr
e,. 'I'

(2) A hill station ~nunicipalcouncil may also


levy a tax on serva~lts.
(3) Any resolutiol~o I a .zt;iAi:l~al co until ~ C ~ C S -
mining to levy a tax [ , . . 1 shall specify
the rate at which any such tax 1 . . . ] shall
be levied and the date f:cm which it shrdll be levied :
Provided that before ' [passing] a resolution
imposing a t a x s [ . . . ] for the first time
or increasing the rate of ail existing tax 9 . . . 1,
i Clause ( b ) was omitted and clauses (c) to (f) were re-lettercd
ai (b) to (e) rzspectively by section 59 (i) of the Tamil Nadu Dist~ict
x
Municipalities (Amendment) Act, 1930 (Tamil Nadu A,.p t of 1930).
r This clause was omitted by Schedule I to the Talnil Nado
Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act 111 of 1931).
a ~ h words
e "or toll" were omitted by ibid.
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the coullcil '[shall publish a notice in at least one


vernacular n--aspaper, on the notice board of the '

municipal office and in such other places. within


municipal limits as may bc specified by the council and
by bcvt of tli-uln, of its intention], fix a reasonable
period not bcit~gless than one month for submission
of obiections and considcr the- -objections, if any,
received within the period spesitiod :

of the [State Government] :

%Thewords "or toll" were on~ittedby Schedule 1 to


Nadu Motor wehicles Taxation Act, 1931 (Tamil Nadu
19 31)-
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. Act V] D i s t r i d Municipalities 671 -


duty shall he
ia accordance
tained in this

79. With the previous sanction of the 4 [State


Government] and the [Central ~ovcinment]--
:q
(b) a tax on persons (travellhg by railway
from any station notified under section 116 in of
near the municipality) may be levied by the council
of any municipality which is resorted to by pilgrims:
[Provided that 110 portion of the proceeds
of any tax levied under clause (b) sshali be expended
for purposes otllcr than niaking ana~~gement s fo'
the health and con~fortof the pilgrims or the in~prove-
ment or developnlellt of the municipal area.]
80. When a municipal council sh2.11 have deter- Hotifioatim
mined subject to the provisiods of sections 78 and of nen taxa.
79 to levy any tax ( . . ) for the first time
b

or at a new rate, the [ e x d i v e Mhority] shall


, - -_. _ _ _ _- . ----- 4-l-.-c-
s
* *,$
,
,.
sC

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. - **#-

8 These words were substituted for the S O X ~' . ~ ~ ~ ( c r : l l gOr


leaving the by ra~lway"by S C ~ ~ CO(ii)
~ I I of 7:n'il
Nadu District ~unicipalities (Amendment) Act, l g 3 0 %
Nadu Act X of 1930).
6This proviso was added bb- section 60 (iii), ibid. I .
7 The words "or toll" were omitted by Sched~rlcI to the Tamil
Npdu Motor Vehicles Taxation Act, 1931 (Tamil Nadg Act 311
,r6
, < A

$+

8 These words were substituted for the war? ''chairman" by . >+


section I7(1) cf the Madras District Mu"ic~pallties (Amctldmeilt) 9
. Act, 1933 (Madras Act XV of 1933). , <;s. .
J
*" '
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672 District Mufiicip~lities 11920 :T.N.


forthwith publish a notification in the district g
and by beat of drum specifj~ingthe rate at
l [the date from which and the period o
if any, for which such tax
levied.] ,
"...
.

Saving for [80-A. Nothing in this part o f this Act shall


certain
provisio nS
authorize a !nunicipal couilcil to lc\ y any tax which
of the the '(State) luaisl::ture has no power to impose
Constitution in the ti [State] 11ndl:r (thp Constitutioll) :
Providcd t l ~ a ta municipal council which W e -
diately before the commenccmci~tof (the Consti-
tutioi~)was 1:wfblly levying any such tax under
this part of tl~isAct as then in force, may contlnuc
to levy tha! tax until provision to the contrary is
made by (Parliament by law).]
The property tux.
Di;.scriptioll $1. 9i(l) :f the council by resolution deter-
and classes
r~f proyjsr V
*ine% i , h ~ t ;., p:-op~rtytax shall be levied, such ,
.-.f t;,1 : ,: f , , I .,fi : I ] ! 1.. : I f f ! l n r . ;;:n<l land.; within
, 1 , il,l,r , vnd~x

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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1920 : T.N. Act V] Dis:rict Municipalities 673 I

(c) a lighting tax to provide for expenses


connected with the lighting cf the municipality by
gas or electricity ;
(d) a ascavetlging tax to provide for expenses
connected wit11 the removal of rubbish, filth or the
carcasses of animal:: from private promises ; and
(e) a railway tax to be used solely for or lo
further the construct;on and maintcnancc of railways :
Provided that where the water and drainage tax
is levied, the municipal council shall declare what
proportion of the tax is levied in respect of water-
works and the remainder slzall be deemed to be
levied in respect of drainage works and the propor-
tion so declared shall also be specified in the notifi-
cation published ~lndersection 80 :
Provided further that the railway tax shall not
e levied unless its levy is determined by a resolution
f the municipal council supported by not less
than three-fourths of the members present at a
meeting specially convened in that behalf, such
resolution being confirmed after a period of six
months by a like majority at a like meeting and
sanctioned by the ' (State Government)].
a[(2) Save as otherwise provided in this Act,
these taxes shall be levied at such percentages of
the annual value of buildings, or lands which are
-------- ----- -
iThe words "Provinciai Government" were sub~titutcd f o r
the words "Local Goverxzmerlt" by the Adaptation Ordcr of 1937
and the word "Statc" W ~ snbstituted
S for "Pr~vi~lciai"by the
Adaptation Order of 1950.
2 This sub-sccli011 was substituted by scctim 2 (i) of the Tanlll
Nadu District Muizicipa!il!cs (An~enc~mcni) Acr, IS55 (Tan7il Natiu
Act XX of l95S), f o r thc original sub-section as amended hy
section 62 (ii) (cc) of the Tamil Nadu District Municipalities
(.4mendmcnt) Act, 1930 (Tamil Nadu Act X of 1930).

..
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Jtcupicd by, or adjacent and appurtenant to, buildings


or both, as may be fixed by the municipal coullcil,
of iection 78 ;]
subject to the provisio~~s

'~(3))!( '(Save as otherwise provided in clause(b),


the municipal couhcil shall. in the case of lands) which
not used exclusively for agricultural purposes and
are not occupied by, or adjacu" and appurtenant to,
buildings, levy these taxes at such percentages of the
capital value of such lands or at such rates with
to the extent c f such lands as it may fix :

provided that such percentages or rates shall not


exceed the maxima, if any, fixed by the '(State
Government) and that the capital value of such lands
shall be determined in such manner as may be pres-
cribed.]
In the case of railway lands which are not
csed exJusively for agricultural purposes and are not
occupied by, or adjacent and appurtenant to,
buildings, the municipal council shall levy these
taxes on the annual value of such lands, and the
__-_-- ---
i Su&scction (3) which was. inserted by section 62 (iii) of the
Tamil Nadu District .MuniciPa1i:ics (Amendment) Act, 1930 ( ~ a m i l
~~d~ ~ c Xt of 1930). was lettered as sub-section (3) (u) by section
2 (i) of the Madras District hlunicioalities (Second Amendment)
~ c t ,1946 (Madras Act V[ of 1946). reenacted pern~~~nently by
section 2 of, and the First Schedule to. thc Tamil Nadu Rs-enacting
m d Itepealing ( N o 1) Act, 1948 (Tam:l Nadu Act VLI of 1948).
a This cxprc\rion was su 'stitiited for t11~ nu.^., "Tk.: : ~ u i l i i-c
p s ~counc;l may, io the case of !and3 " by ibid.

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'
-- -._-

-.
rj
n w

-
-

P
.$

'(State) Government shall have power to make


rules regarding the inanner in which, the person
or persons by whom and the intervals at which,
the annual value of such lands shall be estil~xtted
or revised, and they may also by such r:lIes, restrict
or modifv the apnlication of the PI ovlsic~ls corltained
jn ~chedileIV to such lands.]
' [(4)
((a) Tile municipal council sball, itt the
a
case of la tlds used exclusively for agricultural
purposes, levy these taxes at such proportib:-s as
it may fix, of the ailnt~alvalue of such lands as
c[Tmil calculated in accordance with the provisions of
Nad@ section 79 of the [Tamil Nadu] District Boards
gtgfx Act, 1920 :
Provided that the proportion shall not exceed
the lnaximum, if any, fixed by the State Government.

(6) If such lands be occupied by tellants,


the municipal coullcil shall levy the taxes in equal
shares, from the iandholder and the tenant respec- I

tively .]

181-A. (I) The '(State) Government may by Levy of


property tax
order published in the Offid Gazette a dir&-,iaa
direct any municipal councif to by Government.

i Phis word war substituted for the word ~'droviticial" by the


Ada,ptation Otd"cb!' 1950.
1 This sub-section was inserted by scction ( 2 (iii) 01' t l ~ c Tamil
d u ~ u n i c i p a l i t i e s(Amendment) k ( . t , 19.70 (Tamil Nadu
~ ~ District
Act X of 1930).
3Tlxi~clause was substituted for clause (rr) by section 2 (ii)
of the Tamil Nada District Municipsliri~s(Amcnr!rncnt) Act,
t 1955 (TaniI Nadu Act XX of 1955).
*These words were substituted for the word "Madras" by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by
the Tamil Nadu Adaptation of Laws (Second Amendment) Order, v
1969, which came into force on the 14th January 1969.
6This section was inserted by section 2 of the Madras
District Municipalities (Amendment) Act, 1944 (Madras Act
VIII of 1944), re-enqcted pcrmanurtl$by section 2 of, and the
First Schedule to, the Tamil Nadu e-enacting and Repealing
( N O . 1) A C ~1948
, (Tamil Nadu Act MI of 3948).
125-23--43A
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I

676 District ,44tinicipalities [I490 : T.N.


levy the property tax referred to in sub-section (1)
I
of section 78 or any class of such tax, at such rate
and with effect from such date (not being earliei than
the first day of the half-year immediately following
that in which the order is published) as may be speci-
fied in the orcler.
(-7) When L orderi ~ ~ under sub-section (1) has been
published, the provisions of this Act relating to pro-
perty tax shall apply as if the mnnicipal council had
on the date or publication of suck order by resolution
determined to lcvy the tax at the rate and with effect
from d ~ edate specified in the order and as if no other
resolution of t i ~ eco~lncil~ l n d e rsection 78 determining
the I u,. :it whlcl~and the (late from which property
1) tax slyall be levied had tnkert cfkci.. 'i

(3) A mu~icipalcouncil siwll not alter the rate


at wl~icl~the p~-~jpe:-ty tax or :uly class of such tax is
lev&d in pclr a, ! *Incc of a19 order ~lndersub-section(1)
or abolish sue11 tax except with the previous sanction
of the '[State 1 G ovet nnlent. 1
82. (I) Every building shall
Method of with its site and other adjacent
assessment appsrtenance thereto unless th
of propertyc
is a different person from the
premises.

(2) The annual value of lands and buildings


be deemed to be the gross annual rent at which
may reasonably be expected to let from month t
month or from year to year
-- --- -- --

w - * 3 5~btiiuredfor ERY: *~((,;r.lf


1 rnis ~ o r d '+f#rtejjfi~i~f
Adap;a:ion Order oi 1950.
ZThese words were substiluted for
in the case of buildil~gsonly, often per
by section 3 (1,) of the Madras City
Municipalities (Amendment) Act, 1944 (
re-enacted permaaently by section 2 of,
to, the Tamil N;idu lie-enacting and Re
(Tarnil Nadu Act VII of 19-18). This
deemed to ]lave taken e@t from the
Nadu District Municipatlties (Amendm
Act X of 1930), which- originally ame
,a$zrting the words " in the case

, -
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1920 : T.NaAct V] District M~mic@alities 677

case of buildings. of tell per cent of that pc rtio~;of' such


annual rent which .is .attributable to the buildings
alone. apart from :nm r*tco.!f*d adjacalt la& occupitd
as an appt~rtenaaccthereto;] and the said deduction
shall be in lieu of all allowance for repairs 01- on any
t tcvcr :
other a c c o u ~ ~wlt.;~
Provided tlu~t.--
'[(cr) in tht: case of

( i ) any Gover~lmentor railway building or

. (ii) any building of a class not ordinarily


let the gross annual rent of which canrlot. in the opi-
nion of the 2[exsctbive authority]. be estin~;:i
ied

the annual value of the premises shall b-


deemed to be six per cent of the total of the estimated
value of the laid and the estimated presqot cost of
erecti ng the building after deductillg for depreciation a
reasonable amount whicl~shall in tto case b= less than
ten per centutn of such cost ;'( )1

[(aa) in the cage of any building in any


4
industrial estate wherein essential amenities including
water-supply, drainage and lighting are not pi ovided
by the mu;~icipality but provided by thc Industries
Departnietlt of the: State Government or by any oth2r
authority under the control of the State Govcri~ment,
- - - - -- ----- . -- -- --....-.*- ""

for the original cfnuse ( n ) in the ~ I - P -


1 TIlis c i ~ i l s c\va.i .;ul~s;i~utcd
viqo by scc, iojl 63 ( i i ) ((0of !11c T:lmi ' Na?u District Rlu~~icipalities
{Atn:it3mclrt) Act, 1 4 7 0 (Tamil Nadu Act >( of 33.30).
2 T'ncse word4 were substituted for the word "c11,tirn:ni-t by section
"

17 (1) of thc Mndrac 13iclrict h4unicipaliti~s(Amcr~dmcnt)Act, 1933


(Madras Act XV of !933).
3 T l l c word wand" wasomitted by ~ ~ ~ t ; c 7 1( ~ 1 2) ( i ) r ; tll~Tiamil
f
j A ct , 1974 (Tan!jl N a d u
Nadu ~ i ~ t ~~ j~ cn itc i p a l i t i (Amt.ndmcm?
es
Act 21 of 1974).
4 T11i:, zlau.ie \yi3.s inserted by section 2 ( a ) (ii), ibid.
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I

the annual value of such building shall be de


four per cent of its capital value :
Provided that if any question. arises wheth
ille purposes of this clause, essential amenities
provlded by the industries Depa1trneo.t or o
authority, it shall be decided by such authorit
may be prttscribeci.
Expkunation.---For the purposes of this clause,
'iudustrial estate' means any area selected and deve-
1
loped by the Stale Government or dtweloped by any
other authority under the contlol of the State Govern- i

ment and where any industry or a class of industry


are accommodated ; a .]dl
(6)machirjery '[and fulni turd shall be excluded
ttom vahmtion , ~lllderthis sectio~z.
L (3) The /.St ate] Govern~nentshall have powcr
'j

$0 make rules asding ding' the manner h which,, the


person or persolls by whom and the intervals at which,
the value of the land, the present cost of erectiiig the
building and the amount to be deducted for depre
ciation, shall be estimated or revised, in any case or
class of cases to which '[clause (a) or clause(aa) ofthe
proviso to sub-section (2)j applies, and they
may, by such rules, restrict or mod~fythe applica~on
of the provisions contained in Schedule 1V to such case
or class of cases.)

''These w0rd.s were inserted by section 63 (iij (b) of'the Tamil


Nadu District Munic;palities (Amendnle~lOAct, 1930 (Tamil Na$u
Act X of 1930).

sub-section was added by seclioll 1 of tlze Madras City Muni-


4 Tili~
dpal anc' t)istrict, Mui~icipali~ies (Second Amendment) Act, 1942
(vadras A ~ XXXVl
L of 19421, re-enacted permanently by section
2 ot, and the First Schedule to, the Tamil Nadu Re-emcting and R e
pealing (No. I) Act, 1348 ( T ~ m iNadu
l Act VII of 1948).
8 This word was siibsti~utedfor t l ~ eword "P.r~vi1xjal" by the,
Adaptation Order of I95O.
r This expressio~zwas substituted for the expression "cjause
of the proviso to sub-sectiou (2) " by section 2 ( 6 )of the Tamil N
Distrjc ~unicipali ties (Amendment) Act, 1974 (Tamil Nadu
21 of f 974).
., .
. t -- -'
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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 ;

(6) cho~~ltrirsfor the occupation of which


no rent is charged arid choultries the ralt cllarged
for the occupstion of which is used exdusively for
charitable purposes ;

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 ;
$

Central (d) such ancient monuments protected under


Act V n
,of1904. the Ancient Monuments Preservaiion Act,
1904, or parts thereof as are not used as reside~ltial
quarters, or as public olfices ;

(f) such Ilospitals and dispensaries maintained


by railway adini~istrationsas may from time to time
notified by the ' (State) Government;]

I S2ctjon 83 was rcnuinbered as AN~-section ( I ) of sectioiz 83


b, qritio,~64 ( 1 ) or thc Tan~ilNadu District M ~ i n i c j p o I i t i ~ a
( ~ ~ ~ ~ d Act, , l !\,Ta'-':I
~ : 1'132 ) "3411 Act X of .
I9301

t These r;!auccs were substituted for the Orj_~inalclauc;cs (ct)


and (bl aq,Ll ,;r LIIK\ ( c j , ((/) ;I.II(~
( p ) werc rc-lettercd os cl;iusc\ (21,
( A ) and (s) rcspcctivcly h!~' section 3 (ii) (1) o f the Madras City
Municipal, District ~urhicipalitiesand Local ~ o a ~ c(l sA n ~ e ~ ~ d ~ ~ ~ t )
Act, 1939 (Madras Act X X I of 1939).
i
. 8 This word was substituted ibr the word "Provincjal(? by the
Adaptation Order of 1950.

I
I
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680 District Mh!;icipolities [I920 : T.N. Act V


( burial and burning grounds included in
ihe book kept at the mililicipnl o%ce u11der section
'281; ]
'[(h)]i~uildingsor lands belonging to the muni-
zippal cour~cii;
' [ ' [ ( i ) ]ally irrigation work vesting in the
4(Gover11nlent) includii~gthe bed of s water-course,
any building oi land adjacent and appertaining to s
irrigation work; 4(Governnlent)lands set apart free
recreation purposes; and all such other ' (Governme
property (being neither buildings nor land
which in the opinion of the ' [State] Governrn
any inciome could be derived) as niay from time
time be notified by the '(State) Government;]
"PI ovided that nothing colltained in clauses (
(c) and (e) shall oe deemed to exempt 'fro
property tax any building or land for which rent
payable by the person or persons usiag the same fo
the purposes referred to ill the said clauses.]
7[Expltnzution.-The exemption glanted und
this section shall not extend to residential
attached to schools and colleges not being
or to residential quarters attached to hospitals,
saries and libraries,]
----
1 his clause w.as substituted for the original c
i l ) (iii) of the Titmil Nadu District Municipalities (Amend
Act, 1930 (Tamil N a d u Act X of 1930).
clauses IC), ( d ) and (4) y r e re-'!ettcred as c!auscs (g), (
and ( j ) respcctivcly by section 3 (,1i! ( I ) 01 t k e Madras Ciry Municip
f i c : L.ocal Eoards (Anwndmenf) Act, 19
DistGct ~ ~ n i c i ~ ~ a ! i and
(hfadras /4ct X X I (!i' 1939).
z'r'r': :.';".:; .......' ,:;,'! :;,
a:;, , +,.<.?!*$?%( . /,., / , ; , d , , : j , , / :,;/,:f. t

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 { / !

me!?[) Act, 1939 :M;L<II,;~s ACI Xf 01 l ' i , : ' ) ) .


4 Thii word i v ~ sub ~ ; ititurcd foi ,ill:iiol-J <:rob\ 11 by [is Ad &' "

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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I 2 : and drainage in:: 1 1 I . 1x3


$11
Iclricd on 1 1 . used exclusively for a ~ ~ 1;il. t iLI ral ~
I X ~ S ~ ( . ) S C Sa1j.d j i o t tlci-iving nuy bcndii S oiil l \; atel-
or drain:~gci ? i ~ r ! c , C L ~~ C C O U I of ~ ~ i L y j i l ~ i i I ilc t ; ~ -is<
i ~nlx)sc~i.
.. colllldl lilal; y.liili ; i . pi-c-
('3) ' i ' i l ~ i
I S I CI OF I ~ I C '(Stale I . ;tempt
any pa~.lici~l:li1x1I o f :t ~uunicipn: ity f i - o u ~11~.j ? : mc~?t
uf the c~holi:01- a por~iorlof tile water :L~ICIdr:!i~~;igt:t a x
or of the lightill: 12s on the grouud that. h l i c i i :l! i.: is
not ticriving Sii! I h z r e !it from the u7:it(:1--sc! iy ni:tl
cl~.;iin:lgt: c!. ;:.L\TII ti?c !i$hting s; sic.^.;,
1'

. ., ......,:,. .I:?.. : . L-LY:::..il


,L'\>-..., -..,.q,
I::.:\ ,-,, . .,, ;, . ; ! I

r - - - .
* -,. -.., - ,. . ,. - - '. . A
C - . - . .

.:::\.
" a 1
. ;.
* 7 . .
:L ; ..*,'\
\ ,% >,'

>:2.'-$:::- ::; :.:\ :; :: :s &*i&>t[<\l., . .' 1

; . i;*+,:2c 1 .. . ; . +\ ! ~ L-..' ~ ~ I G <<\: ;.L\ \:>\I!\.


L -:;:;*\ ::-,L' ,\

r-11.~ -.-

rt.rtlo~.:tl t h ~ r c . i i . ~ oi> rubbish,


~~~ tilt 11 .I 11~iL-.i \->z-; of'
arlitnals.
(5) Tile i~ulicipal council may by a general
rcsolutio~~exempt any building or Iand from the
property tax--
(i) if tllc am,iial value of the same ~LCL'S not
exceed n sun1 spccitied io the said re:in?l~!ion.s u c l ~
suln nor beitlg grcatcr than eighthteen -l-upr~h.;itid
(ii) the pscq~rietor does not own L other
building or land as~iessed t o the proymty h x and is
not liable to profession or incom~~tax.]
Taxation to
:l/84. (I) The rate of any class of property tax be uniform,
011 J:ln& whcll lcvicd on thcir annual voitlc "jultder
8 1, sub-section (Z)] may be lowe: than 1i ~ _ rate
c of
--_.- ....
. - -- - .

Su\3-sci;fiojls( 2 )to (5)wcrc added by section 64 ( 2 )oI'111(. TanliI


1
Nirdu r ) i ~ l ? j ~~t U n i ~ i p ~ l('Amcndoient) iti~~ Act, 1930 (Tiilni! Nad u
!jet X of lO?O').
2, ; "I'I.c,viili.i;l 1 Gnvcrl~ment" \t-erc :,!I n!cc! Tot.
tile ;.;i.,n:,r 5' l , c 3 c ~ 1 (~;~?\,i'rlln:cj~t" by the A Jartat; 2 i i Order of
1 93-7 L.!i; ;ilc v,,c,r.d. " :Jr;ile" was substit?rted for " . i ' ~ c ~ \ . i ~ ~ c ' i :by
il~
kj3c , A ~ L ~ ; ; . ~ : j ~ : ; f i ~ Q~ !r d~ i~; j . pj' i95c:.
, .,LC ..
sr%ct
:
,,,,, ~ 5 ( ; i
It i t >
,
,;I.;
r
'.
; , f tili:
. i i k : , , ; ; u-.~:::~:.:]~?i~?r~<:f
':.::,!!!.
i :
,
!
.
,
.
,' :
*~<:i~i~i:li 1 ~
-. : , , : , , , , ; ; ) t >
~ -

&.\,,, . 1 (.r;!:]?;! ><. j l > ? # ~ l ;


> J ~ ~ > < ! \ , l ,Al,(;l
4 ,, i , , , I . , , r. I '

<,f ,I,,- -1 :;i.;,!! >J;;,(fll l-)i.,!ri:,[ ? * k $ ~ , ~ ~ t ~ < ; i ~ . ~ '(ii


~!~!;f: !,ti!.3 ;! - f j /hk;;*

] 055 ('i.ia..I;!! j+;le!kj. r!\b!',i >.'; of 19.55:), , I '


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the same class of property tax cn buildings but ei


rate shitli be uniform throughout the municipal area
on all buildings cjr on all lands liable to be taxed on their
annual value as the case may be :
Provided that the aggregate property tax leviable
in the case of !ighthouses, piers, wharves, jetties and
passenger sheds, latrines, cart-stmlds, retiring rooms and
platforms bclotlping to a railway admiiistrati,on shall
not exceed 4 per cent of tlxir ailnual value.
(2) The 'ate of any class of property tax shall be
uniform throughout the municipal area on all lands .
liable to be taxed on their capital value.]
85. The property tax on buildings and lands shall,
froperty subjecb to the prior paymel~tooE lalld revenue, if any,
tax a first
charge on due to the Government thereon, be a first charge
properly. upon the said buildings or lailds and upon $he movable
propentv. if any, found within or upon the same and
'--longing to the person liablt to such tax. , .

'Property [86. The property tax shall be levied every half-


tax when
payable. year and shall, s*?.vt. as otherwise expressly provi
in Schedule IV, he paid by the owner of the asses
premises witbill thirty days after tile commencem
of the h alf-year.I

Vac a n ~ y 2[87. (1) When any building whether ordinarily . 1


rernisslon. 01 occupied by the owner himself has been v
and mlet for thirty or inore consecutive days in any
year, the (executive autliodty) shall remit so mu
not exceeding one-half of such portion of the tax
relates to the building olily as is p~oportionate t
number of days during which the building was
and tr nlct in i l i ~ /(-yeare

I I ' l ~ i *h t q ( 3 ! ~ t l. ~\ i\t L
1111 ~ ~ I I \II ( 1\i t 1 I I \ CI ~
II/~~{II!~~
t~t$,*([\\\\

1 ' 1 1 I ~ ~ I ~Nil I I 111 I 1 1 1 i l l It I ~ ~ \ \ I ~ I \ - [ ! ~ - I~ \~I \I ~I ~t , . ~ ~ lJ ~ ~b


4
~lll~j~\
('i'ati~il Nit.<l~t/ \ ~ t 1 I~.I(~J.
rhis section iuas ru bstit uted for the origin&J secf ion t
67, bid.
"These words were substituted for the word u
section 17 (1) of the Madras District Municjpa]i
lmewt) Act, 1933 (Madras Act XV of 1933).
c "6.
C - , i i r r,

t
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very demand for remission under sub-section


be made during the half-year in' respect of
h the reemission is sought or in the following half-
l
and not afterwards.

executive authority-
(i) that the building is vacant and unkt ;or

The period in respect of which the remission


shall be calculated,--

I of the notice or from the date on which the


came vacant and unlet, whichever is later ;
(ii) if remissiou is sought in r e s p a of the
year succeeding that in which the notim i s &lid

,1934 (Madras Act IV of 1935)*


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District Municipalities ~1920: T.N.

after its registration if it be registered or afte


trai~sfer is effected, if no instr'~rn1113nt be
give notice of such transfer to the '[executive a
(2) In the event of the death of any person p
marily liable as aforesaid the person to whom the ti
of the deceased shall be tiansfsrred, as heir or other-
wise shall pi\e written noticc or sucl~transfer to the
t ~ ] ooe year from the death
'[executive a c t l ~ o ~ - iwithin
of the deceased.
(3) The nolice to be given under this section shall
be in such form as thel[executive authority] may direct
and the tra~~sferze or the person TO whom the title
passes, as thc case may bc, shall, if so required, be
bound to produce before the '[executive authority]
any documents evidencing the irz.nsfer or succession.
(4) Every person who makes a transfer as afore-
f
said without giving such notice to the '[:executive
authority] shell in adaitron lu any uti~arliability which
he incurs through such neglect, continue liable for the
payment of property tax assessed on the premises
transferred u.atil hc gives notice or until the transfer
shall have b z n recorded ill the municipal registers but
nothing in this section shall be held to affect-
( a ) the Liability of the tra~~cfe~ee
for the payment
of the said tax, or
(b) thc prior c1i!i111 i tI nru~~icijr;tlco\lllciI
ui~dersection 85,
Owner's '[89. (1) (0)If any huildily in
obligation
to give co~zstructd or reconsti k t cci. r hc
notice of noticc tilereof to tho 1 ( ~ x c c i r t i \ ~ ~
construction, fifteen days From the date of compl
rcconstruc-
tion or of ,the building, whichever is earlier.
demolition -
---...- .- .- -- - - - ..-
of building.
1These words were subs!iruicti for the
seclion 17 (1) ,of the Madras Dist ricr 1 1tinici~~1i:ies
i P ncndmc
Act 1933 (Madras Act XV of 1937 j.
2 Seeilons 89 ;urd 90 were subs r i ~ u t c dfor
90 by section 65 of the Tamil Nadu Dis?rict
ment) Act, 1930 (Tamil Nadu Act X of 1 9-30),
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(c) If such date falls within the first


four months of a half-year, the owner shall, subject
to notice being given under clause (a), be entitled
a remission of so much not exceedkg a half of
e tax or enhanced tax, as the ca;e may he, payable
respect of t h ~building only, for that Im&year,
s is proportionate to the number of daysfin that half-
year precediilg such date.
(2) (a) Tf any building in a municipality is delllo-
lished or destroyed, the owner shall, until notice
thereof is given to the '(executive authority) be liable
for the payment of the property tax which would
have been leviable had the building not been demo-
lished or destroyed.
(b) If such notice is given w i t h the fist two
months of a half-year, the owner shall be entitled to
a remission of the whole of the tax payable in respect
of the building only for that haif-year.

(c) IfS U C ~ Inotice is given within the last four


months of a half-year, the owner shall be entitled to
a remission of so much not exceeding a half of the
tax payable in respect of the buildhg only for .that
haxiyear as is pioportionate to the number of days
in that '(half-year succeeding the de;m\Aition) or
destruction as the case may be.]
1Tl~esewords werc substituted for the word aLchaiman"by
on 17( 1 ) o f the Madras District Munic:ipalities (Amendment)
1933 (Madras Act XV of 1933).
8 These ~vordswere su bstitutcd for the words "half-year prece-
ag the demolitjofi " by the Second Schedule to the Madras Repeal.
and Amending Act, 1938 (Madras Act XU1 of 1938).

'I
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Remission of l[90. (1) If any area is included within a munici-


tax in areas pality the owner of every buildkg or land in such ,
included
or excluded aretc.,lqall-
In me middle
of a half- (a) if the date of such inclusion falls within
year. the last two xnonths of a half-year, not be liable to
pay any property tax in respect thereof for that
half-year ; 2 n d
( h ) if such date falls witllilz the lirst four months
of a ha1f-year, be entitled to a remission of so m
not exceeding a half of the property tax
in respect thereof for that half-year, as is pro
to the number of days in that hal'year
such date.
(2) If any area is excluded from a
the owner of every building or la:,d in su
be entitled-
(a) if the date of such exclusi
the first two months of a half-year, to a remis
the whole of the property tax payable in
thereof f o that half-year ; and
(b) if such date falls within the 1
of a hagyear, to a remission of so mu
ing a half of the property tax payable in
for that half-year, as is proportionat
of days in that '(half year succeeding
.I (3) No remission shall be granted un
section (2) in respect of any building or Ian
an application for such remission
S(e,w~tiveauthority) within three mont
of & ex.&sioa ~f t,F? ar% In which
*,A
jf &%*&.-#* #
.

- .. . . -, .

Sections 89 end 90 were st~h.~ltrt~i{,(l !'or-c,ripillHI swljc


90 by section 68 of the Tamil Nadu l ' l i i f r i c ~Municipalitic
meno Act, 1930 tTvnil Nadu Act X of 1930).
a These words were substituted for the words a half-yea
'!
ding such date by the Second Schedule ro the Madras R
and AmcadiDg Act, 1938 (Madras Act XITI of 1938).
8 These ~ r d swere
. ~ + ~tJl ~ em r d b 6 c
S U ~ * + ; + * for
sebion I7(S) of tbe Madras District Mur. icipaiitjes (
Act, 1933(Madras Act XV of 1933).
- *-
. t

en*
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'r

(a) exercises a profession, ?rt, or calling or


transacts bu:sin:-ss or holds any appointlnent, public
or private-
(i) wi ,bin the muluLLpciiit). I'ur not less
than sixty days jn the aggreg;lte, or
(i i) w .thout the municipal i l y but who resides
in the municipality for not less than sixty days in
the aggregatt:, US
( ) re jidcs ill the mui~icipalityfor not less than
sixty days in the aggregate and is in receipt of any
pension or income from investments,
sllall pay a half-yearly tax assessed in accordance with
tl~zrules in Schedule IV.
(2) A person shall be chargable under the class
appropriate to his aggregate Income from all the
sources specified in sub-sectiol~(1) as being liable to
the tax.
(3) If a company or pet-son proves that it or he
has paid the sun1 due on account of the profession
tax levied under this Act, or under the '[Ta~nilNadu] '[Tamil
Local Boards Act, 192Q2,or the companies or pro- Nadu) xIv
fession tax levied under the Madras City Municipal of 1920.
Act, '01 9*, or any tax of the nature of a profession .'[Tamil
'ax imposed under the Cantonments Act, 1924, for ~Act adu]
Iv
the same half-year to any municipal council or local of 1919.
boardY or cantonment authority in the "State of Central Act I1 of
Tamil Nadu] , sdch company or persoil shall not be s924,
liable, by reason merely o f change of place of business,
exercise of profession, art or calling, appointment or
residence to pay to any other inunicipal council,
local board3 or cantonment authority more than the
1--1_
----111---- _ ---- _--....----- _ . _ _ _ - _ -

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
-- -
-A:

. h..- . . - .
--" - \*
:- .'- -- - -LE!ez:uT+z?5x- fk*;.
i -
. -I:*- -1 ---:2 :
<

-* **-- *?
- - *
- .." " '4"; ,,
-*-

.* - .-
-- I-- /
- "
k- ,
,
.: \\,.; .-. - .-.
k -
-
- .
- - ;cz-;-.,x
A P-*2-,-.-
.
L
-

22- !
- - .- -' -' T ~ ? - I ' S - , , p 3 C'fiesi
Nac; ;\c-.T i. c n
--:
'it*,
Lzu
.
"^ 1

which A r j j c c n - 2 : 5a5;< i-l?12 iaro on


ary I 969.
*The 'hortt';le of this Act has
City bl.luniciiu! yori>2;aijon Ac. I r,! heen
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difference between such sum and the a-mount to


.which it or he is otherwise liable for. the profession
or cornpallies tax for the half-year under this Act,
or any of the aforesaid Acts.
(4) Nothing contained in this section shall be
deemed to render a person who resides within the
local limits cf one local authority 2nd exercises his
profession, art or calling or transacts business or
holds any appointment within the limits of any other
local authority or authorities liable to pl-oi'ession tax I

for more than the higher of the amounts of the tax


leviable by any of the local authorities. I11 such a
case t 11c '(State Govern~nent)sha ll apport ion the tax
between the local authorities in such manner as they
I mav deem fit and the decision o f the l(Ct~rr:Gnvc?t-n-
1 , .llblAi) shall be firral] :

'[Provided that where one of the ocal authori- i


ties concerned is a cantonment authority or the port
authority of a major port, the decision of the (State)
Government shcil bc ;i;t,,;:l to tJ~econcurrence of the
Central Ggvcri~ment.]
4
[94. The pr-ofe;sion tax leviable froin a firm, associa- Liability of-
tion or joiiit Hindu family may be ievied &om any members ,,,, of fi

adult member 3f the firm, associatien or family.] ciatjons and


joint Hindu
families to
profession ., :A-
4
tax.
'[Y4-A. ( I ) If a company or person employs a ser- Liability of - -?

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

a tion Order of 1950.


2 Thir proviso was inserted by the Adaptation Order of 1937.

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

,,ent) Acr , 1 930 (Tamil Nadu Act X of 193 0).


inc .rr, A A
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690 WistvictM~rnicipoliti~s [1920:


for the professi.on tax, in respect of the busin
such company or person, whether or not such s
or a.gent has power to make binding contra
half of such company or person.
(2) Wilere one company or person is the
of another co~npanyor person, the former corn
or persoil shall not be liable separately to the pro
sion tax, 011 the sane income as that o f the pri
y . * . . . . . . .I
Service o f '[95. If the profession tax due from any corn
notice on
failure o f or person is not paid, the "executive authority] s
payment of cause a notice to be served on such company or per
tax. to pay it within fifteen days of the date of such service.]
Statements, '195-A. All statements made, 1.etul.n~furnished. or *
returns, etc.,
to be con- accounts or documents produced in connexion with
fidcatial . the assessment of profession tax by any company or
person shall be treated as col)fident ial and copies there-
of shall not bc granted to the pilbiic.1
Requisition 96. The "[executive authori ly] in iy by notice require
on owner or *

occupier to the owller or occ~ipierof ru~ybuilding or land and


furnish list everjr secretary ns manager of n hotel, boarding or
o f persons lodgiclg h o ~ ~ s club.
c. or *I-' kt1 ol~ambersto furnish
:.:ll:cl
liable to
tax. within :l S P C C ~ l ~ dtime a 1ist in wt i ling containing the
llamrs ~f a!' . pcr.so~~s uccupyinp such bliilding, land,
. - -.. Ce$i&ntial
l3,312. :I- - -..
-L: :
- 1d.7;~-
- - 1 . ~ 5 2 <iGb
,. , ~f

. .
+
:-

.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,

' manager orrhcir


of any public or private office, hotel, boarding-house reprwenta
or club or of a firm or con~pany- tives to
furnishlist.

to fulnish within a specified time n list in


(Q)
lwriting
I: of the names of all persons en~ployedby such
employer or by such office, hotel, boarding-house,
club, firm or colnpalzy as officers, servants, dubashes,
! agents, suppliers o r co~itractors,with a statement of
t
. the salary or income of such employed per-sons,
II and

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.

98. "(1) If t l ~ ccouncil ily a reso1ut:on dclct.jnirics ocilcra!


1;rovision~
hat a tax on c;~rriagesand animals sh:~ll bc icvied, i.cgarding
lrcxcc~~tiveautl~oi-ity]shall levy the said Lax 11alf- t ; on ~
early on carriages and ar~i~nals car'j.ia;
kept '[or used] within r ~ ; n ~ a l saltd
. 1'

the municipality wl~ictlare of tllc kinds spcc'ficd in


chedule IV.]

(2) Tile rates of the tax shall be deterrniiled by


the council, provided always that they shall not exceed
the maxima laid dowil in Schedule IV.
-- -I__.-------- - -
he word "chairlnalr by scc-
I These words nfel.r: ~ t r h s ~ i t u t cSol.
d "

17 (1) of tlic hdadcns 1 >;strict M i ~ ~ ~ i c i p a l i tIi A


c sI I I ~ I I Cj 'AI c~t ~, ~ Z I
1933 (M;ldr:l\ Act >iV o!' l0?3).
This y,wc.cl was substitt~tedfol.tl~cwords "inccrpctt a!cdconil,any'"
sectioll 75 o f t!?e Tamil Nadu District Mulzicipalit i:,. ( h m e n d m c ~)~ t
ct, 1930 (TLLmi! N r ~ d uAct X of 3930).
a This s u b - s e c t i ~was
~ ~ t substituted for the original S L L ~ ~ - \ C ( , ~by
~C;I~
ection 76, ihid.
: !# 4 we1.e in~.cl.ted by scct ion G OT the rvladr.,!; Disirict
These wol+~ls
Anxendmcnt) Act, 1942 (Madras Act
rincted permanently with specified modif,c.x*-
the Sch.eduleto, the TamilNadu Re-t r.s.nc[i~i .
lil Nadu Act IX of 19413).
\
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Lii;l>;lity ro 99. (1) Evcry person having possession, custody,


tax tccordinC or control of any taxablc carriagc or animal shall be
ro tjtriod
TO, .vjrich
liable for t i l e full half-yearly tax if the carriage or ani-
~arriagso; mal has been kept '[or used] 21. . . . . ] within
animal has the municipality for an aggregate period of not less
been kcpt.
than sixty days in the half-year.
(2) if such aggregate period exceeds fifteen days
1 L . less than sixty days, a moiety only of the ha!'
:5
yearly tax shall be leviable.
I

(3) [f st~ch aggregate period does not exceed


[ifteen day::, ao tax 3[shall be leviable] for the half-
year.
(4) Every p-r;on li;iving possession, custody or
control of any taxablc carriage or animal within
the municipality shall, until the contrary is shown,
to have kept ' [or used] the same within
be pres~~rned
the municipality for sixty days in the half-year.
Notwithstanding anything coritained in sub-
'[(5)
sections (1) ar,d (2), no person shall be liable-
(a) to pay tax
half-year on account
in respect of which the ful
has alre: dy been paid to the municipality by so
other pel son; or
.- --- ..." ...-. --.-..-

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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----- . . ...-.

the, municipality on account of


(b) to pay to
any carriage br aniiiial in iespecf bf which. tax has al-
ready bcen paid. to any other m~micipalityor any locd -
b o a r d b r Cailtonnlent Board, whether under this
Act, the Madras City Municipal Act, 19 19*, the2[Tamil
Nadu] Local Boards Act, 1920 3[or the ~ a ~ t A m e n t s

100. The c a n k g and animal tax shall not be levied Exemptions.

(a) car:iage~ and animals helonging to '[the


Governnlent] and used for military purposes ;
( 6 ) carriages and animals kept solely for sale by
carriage-maker s and dealers;
(c) carriages which have been under I or ';-+
standing at a carriage-maker's during the wholc of
the half-year ;
6[(d)]animals which during the whole of the half-
year have becn kept i r l any institution for the recep-
ti011 of infil-m animals or which are certified by a
veterinary surgeon io have becn unfit for use du:irlg
the wlzole of tile half-ycar.
1 Now d:y6rict board.
:' Thesc \\ol-c!s L V C ~ C:;i~hstit~tted for t h word
~ ('Madrci:, " by the
-T,Lnijl >Sntlu /I,daptation o f Laws Order, 1909, as an~cndedby the
i ! : I . A ~ l ; l p ~ n t i o nof Laws (Secottd Amcndm,nij Order,
1o(,o, \-,!lic.ll c;~llll.-,t?.to fnl.cc P I Xtllc 14th Jnlluni-y 1969.
;\fck:r
111: i'alni! Nnrtu Ilistrict Boards Act, 1920 (Tnlmil Natlu
Act XIV of 19?30i.
4 The wort!\ ~ ~ r~ ' r l~ :i ~("n~
were substituted for the words $?he
Govcrnl~lc~li''i,y t l ~ cAtlaptation Ordcr of 1937 and the word
6 6 CJoveyn~ent " .V;LS 5ubsfituted for " Crown " by the Adaptation
01-dcr o f 1950.
6 The original c l a ~ ~ s ((1) c s and ( e ) wcrAeomitted a n d rile original
ctal,ise(f') wxs rc-lcttcrccl r s C ~ U S C(d) by scction 2 (i) ol tlzc Madras
District M u11,cip;tIitic s (11 1 1 , r l Amcndmcnt) Act, 1942 (Madras Act
XXxV111 of 1942) rc-cwc:cd permanently with spe1:ified modifica-
tions by section 3 of, and t l ~ Sci~cuurt: c 10, t h Tamil
~ Nadtr Rc-ellact-
jng (No. 111) Act, 1948 (Tamil Nadu Act IX of 1948).
* The short title of this Act has now bce~tan~endeilas the Madras
.City M irnicipnl Corporation Act, 1919.
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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

animal tax " ' h y section 79 (i'l of ~ l : eTamil Nncirl ~ ~ ~ i . t r i cM~ r


pa!iii:s (Amendnic.nt) Act, 1930 (Trmi! Natfu / c i )! of 1920).
4 " F ~ ? s cwordc, were i ltset-lcd 1-!r (;i:Cl ioll 9 or the M
hlunicipaii! ics (Thirci Amendment ? /,c t , I.!)d2 (Madras
XXXVTTT of 194.2); re-enacted pcrnlallent ly with .specified
cations ~,tc.!ion3 of. and t l ~ cSchedule to, the Tiimi
enacting (No.E I J ) Act, 1948 ( T a m i l N:it111Aet iX o f 19

Nadu 1)istrict Municipalities (Arn+:.ndn~cn!)Act, 1930


Act X of 1930).
.. .
' 0
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1920:T0N.Act1'] 695
Distl-ict Munici~~:~l~ties

whiclc the payment rclates.

( b ) to every bicycle and tricycle ksp t "or irsed]


within the municipality:
Provided that no 1;11:ci"ipal numbsr shall be
requisite in the casc of carriages to which a number

(2) The numbr:rs affixed under sub-section (1)


shall be registered in the municipal office.
Tax on Cus'ls.

___-I_--

I These words were substituted for thc word ''cl~airrnan" by


gciion 17 (1) of the Madras Dislb'icl Municipnliti~r~
(Anicndnicnt)
Act, 1933 ( M a d r ~ sAct XV of 1933).

3 These words were inserted by sectioll 1 l,ibi(l.


4 This sgb-scctiol~ was substituted for the origina! sub-section by
;ectiotz 80 (i) ofthe Tamil Nadu District Municipalities(Amendment)
Act, 1930 (Tamil Nadu Act X of 1930).
6 These words wcrc: inserted by section 12 (i) of the Madras
District Municipalities (Third Amendment) Act, 1942.- (Madras Act
-wII of 1942), re-enacted permanently wlth S peclfied modrfica-
tions by section 3 of, and the Schedule to, the Ta ,,il Nadu
t\e-enacting (No. 111) Act, 1948 ( T a ~ i Nadu
l Act IX of 1948).
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69b Distrr ci Mr#~?k


ipcl!'?i~
7 r1970:
I T.N. Act
1

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-]

(2) Every ownc; of any such cart shall register it


once in every half-yczr in the rnunicipai office.
(3) The council m'ly direct that a municipal num-
ber shall be affixed lo :very registered cart.
- .
: 2:2:hc,Tf;:;'?!?\!
-d

-r-2 ., ,
-t
. '

dx ' "
, ,I r
/ ' -5
*
*
- -&.- ..--- -
'.-&
4 -
nt

'I f , . . .-"*,

.-.
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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LI

Disf vict Mzi~zicipolities 697


(5) All registrations made and numbers affixed
der this section shall beenteed :11 a book to be kept
r the purpose at 1he municipal office.

(6) Such book shall be open tc the iil~spcctionof


y =[person who pays any tax to the municipi~lity]
t all reasonable times without charge.

(7) This section shall n u t apply to carts bclorrg-


ing to 2[the Governnient] and used' for rnilit~r~r pur-
poses, or carts kept solely for sale by cart-malters and
dealers.

106. "The tax on carts shall not bs levicd c ~ an) ? rPower to


c n ~ tax.
i~
cart which is SIIOWIZ to the satisfaction of the exlxcitive
authority to have been kept or used] 4[ . . ]
within the mu~~icipality for an aggregate p c icd~ riot
exceeding fifteen days i n the half-year or io haw
been ucd:r repair or standing at a cart-maker's di!ring
the whole of the half-year.

1 These words were substixrlted for the words c'tax-payer."


by section 80 (ii) of the Tamil Nadu District Mwl~icipalitics
(Amendment) Act, 2930 (Tam11 Nadu Act X of 1930).
2 The words " the Crown " were subsiiiuted for the wortl:, r ' the
Governmcnt9 by thc Adr~l,~nf ;on Ol-dcl- of 1Q37 and t h ~c\rorci
C c G ~ ~ e r ~ t t i ~was Tot- " ('r.c~/n"by thc Adap;atic>t,
c n t!,r~l?stiirrl(.cj
"
order of 1950.
8 Thcsc words wcrc sirbstitutcd for the words "The execuiive
authority rnay remit any portion o f thc cart-tax i l l respcct of any cart
which is shown to his satisfaction to have been kept" by seci:c.n 13
of the Madras District Mutticipalitics (Third Amendtnenf)Act, 1942
(Madras Act XXXVI I T of 1 942). re-cnactcd pcrmanentiy with spcciflcd
modifications by s c c t i o ~3 ~of,ant1 the Schedule to, thc Tamil Nadu
Bsenacting (No. 111) Act, 1348 (Tamii Nadu Act 1X of 1948 1.
- 4 The words '' or let ovlt for hire" were omitted by section 81
of the Tamil Nadu District Municjpalities (Amendn~enl)Ar t '1930
(Tamil Nadu Act X of 1930).
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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.]
~t
I
i
i

carriages rrnd carts not &ring


Po1v~1.sto rri;~:~
~.rlrnzhcr.s. )
I
i
Seizure of 107. (1) I f s municipal number is not aaxed to
vehicles not a carriage or c:ti*t in pursuance of a direction issued
bealing
numbers. under section 104 or section 105, as the case may be,
the 3Fcxecutivc authority] may at any time seize and
detain the vehicle and the animal, if my, by which it
is drawn:
Provided that no vehicle other than n bicycl
tricycle, 4[ .
. . . . . .
shall be seized or deta-inedwhen actually emplo
in the conveyance of any passenger or goods.
- .---...*
1 This heading and section were incerted by sec~ion82
Tamil Nadu District Municipalities (Amendment) Act, 1930
Nadu Act X of 1930).
8 These wort's were substitla.t.cdfor the
Tamil Nadu Adaptation of Laws Order, 19
Tamil Nadu Adaptation of Laws (Second A
e the 14th January 1969.
which came into h ~ c on
Th:x words were silbstitutad for th
section 17 1 ) o f t he Madras District M u n i c i p a ~ i t i ~ ~ ( ~ ~ ~ ~ d ~ ~
1933 (Ma ras .?L. d t X V of 1933).

4 The word " !notor-bicycle" was omitted by


Tamil Nadu Motor Vehicles Taxation Act, fg
Act: T I 1 of 6931).

.- . . -.. -~..
. (
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1920: T.N. Act V] i>istl*ict Jfz1rzicipalitics 699


(2) Tf the vehicle or animal seizt d be not claimed
ai!d the tax due tllercon paid within t z n days from the
date of selzurc, the l[executive autho-ity] may direct
that the vehiclc 01- animal shall be soid i.n pllblic
6 qlction and the proceeds of tllc sale applied to the
1
pnymeclt of---
(i)
.. tlie tax, if ally due, on the vshicle or animal
.

(ii) s,uch pc~~altynot excceditig the amoiii~tof


the tax as the '[executive authority] may direcf:; a.1-.d
(i,ii) a sum of one rupee on account of charges
incurred in connc'xio-n wit11 the seizure, detention

(3) tile owl~erof the vehicle or anima! or other


person entitled. therptc. claims the sarne withi11 ten days
from the date seizure or at arty time before the sale;,.
it shall be ret~irnedto him on paymerlt of-
(i) the tax due thereon ;
(ii) such penalty not exceeding the amcunt of
the tax as the llexecutive authority] may direct; and
(iij) a sum of eight annas on account of charges
j *curredj n connexion with the seizure and detention.
.;mx on seflnnts.

_C__C_._C
-- .. .

I mere were substituted for the word "chairman" by


17 (1) of the Madras District Municipali tits (Amendment)
A C ~1933
, (Madras Act X.v of 1933).
r These words weresubstituted for the words "ifthe cllairman of
a hill station publishes a notificaticn u~.dcr SBCI ion 8Q '' .
Tamil Nadu District Municipali ties(Amend.
by $3. (i) of the
,,,t) A C ~1930
, (Tamil Nadu Act X of 1930).
8 These words were substituted for the words " he shall collect,"
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700 District it~f~dnicipalitirs [I920 : T.

shall not exceed two rupees a month for each servant)


I
fixed by the council and specifiedin the notification
'[publislied imdcr section 80 in pursuance
of such 'e~olution] from every employer of private
:~ieiliul and of domestic servants who is not liable
for tllc profes~ion tax '[ . . . . . . ] or, as
proprietor, for the property tax.

( 2 ) The tax may differ for different classes of


servants.

(3) Thc tax sl-.ail be payablc at th: full monthly


rate for evsry set-val-lt employcd for not less than
fifteen days in the aggregate out of every thirty days
From the c o m m e n c e n ~ e ~of~ tthe emplo:iment, and at
- a moiety of the monthly rate for every servant employed
for less than fiftee:~day; but no1 less than seven days
in thc aggrega,e diirit~g such perioc.,.

(4) If the tax :emains unpaid et the end of seven


days or (iftcen d:~yj.;IS the case may be, the 31executive
authority] may s:rw tilion the employer a notice rmuir-
ing him to pay within three days from the service of
such notice the sum for which he is believed to
liable, and may, on ti:c expiry of stjch pericd, recover
from the said cmployes the sun1 specified in such
notice.
(5) Every person, who has paid the servants' tax
for any period in a half-year and has also paid the
profession tax '[ . . . .
. . . ] or (as pro- .
prietor) the psope:-ty tax in the saixe rnu~icipalityfor
that half-year. shall be entitled to a refund of the
sum paid as servar~ts'tax.
-.- ---- - -. - - --
These words rind figl~rcswere inserted by section 83 (ii) of the
I
Tarnil N a d u District Mrlnicipafiiies (An~elld~nei-tt)
Act, f 930 (Tamjj
Nadu Act " of 19?(5').
2 - ' ~ e words '(o r SL:I-ctlal-geon the income-tax " were omitted
by the Adaptation Qrdcr 1 1937.
3 These words were- su bstittlted for the word 6*ebairman''by
tion 17 (1) of the M ~ d r a sDistrict Municipalities (hkldlracot)
~ ~1933t (Madras
, Act of 1933).

I
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............

.N. Act Y] District Municiputitic~s ' 701'


09. The '[executive authority] ma3 by n c t i c e r o ~ e r t o ~ a l

er of private mellial aal

(h) every secretery, owcer or nlanager cf a i:otcl,


boarding or lodging house, club or residential cliambers
to furnish within a specified time a list in w
private menial ar.d domestic servallts emplcyed
by him or by every person resident in soch place.

q . . . . . . . . . ;
.!.
.,. * -1!..
r 1
J

1
.I.
,1.
1: $3

Pj/gi* t uK.

5y1116. (I) Where a municipality is ieS


and tile occasions for pilgl-innge occur at
intervals of years or only once or twice in a single
year, a ta, 011 persons l e a v i ~ gthe muliic.ipaiity or its
neighbourhocd by railway, shall be levied riliy f@ra
specified p e r i ~ din respect of each such occasion:
_- ___ _._- -- .- __ . '-
____ . .. .

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.

5 section Was sl,rbs:it~tcdfor the origin a I section v-! ?.'.iictin~?


FS
of the ~ ~ District
Nadu ~ i l
h4unicipal;ties (Amendtnerll! 1930
(Tamil Nadu Act X 0 f 1930).
I
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702 Dist ric! Mtm~cipoli~ies [1929: T.N.


Wilere o c c ~ i o n sf ' k ~ :lilsri~nngcare more frequent
or a mvnjoip~lit:: is a place of pilgrimage of
permniai resol-t, i ! i c tax may b; levied throughout
the year.
(2) The owa.itw lxtid thc pel-icd of levy of the
tax shall, in consui t1:~tion with thc railway administra-
tions concerned, snd wit13 the previous approval
of the '[Stab Gcvcrnment], be determined by the
municipal cou~~cil.
(3) If the coiio~ilrcsolvc!~that tile tax shall be
I c ~ i d such
, tax shall be collected from the date and
during the period specified in the notification publishd
under section 80 in piirsuancc of such resolution
as a surcharge on the tickets of all passengers
travelling by railway from any one of the railway
stations in or near the municipality and named in
such notificatioll to any other railway station more
than a specified distance therefrom.
. (4) me rates at which the tax shall be levied on
m ~ class
h of tickets shall be determined by the munici-
pal council but shall not exceed the rates in the * follow-
i J table :-
Tax
r----h----

(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

Prorldcd that the rates leviable 011 :jmson ticketr,


if any, shall be determined by the tnunicipal council
in consultation with the railway a~iministrations
concerned but sha'll n e t :.or a period of 3ne month or
less period exceed six tiines the rates given in
-___
I
co umn (2) of the aFiove I :hie.
-.-- -- -. 1- ..
- __.-_..

I The tr;rr?.- 3 , :1;.-


">r rhp W - .-i - .- .
W J c ~ o 1"-
f :-. :.,-...
vjfp;a{ * * >\. 5.-
2:i
.$ ~q - ;. , \. .';..<,..-
. '>-- p-<;
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.N. Act V] District ~l.lzmicipa1irie.s 703


(5) The '(State Government) may make rules
t i n c o ~ ~ s i s twith
e ~ ~ tthis Act for regulating-
(i) the collection of the tax,

(ii) the yaylnent thereof to tne couilcil con-

(iii) the deduction of any expcilses iilcurrctl


by railwy administrations in thc collectioll thereof,

(iv) the decision of disputes--


(a) 'between municipal coullcils and ixtwce~z
municipal councils and other local authorities, a i d
I
between t~~unici pal co~mcilsand railwily adininis-
trations i n matters connected with the levy, collection
or apportionment of the tax :]

3[Provicied t h a t rul;s i;:.rii~lg to the decisioll of


disputes shi:ll not have effect in relatic11 to a dispute
to which the cantonment authority, or tlic port autho-
rity of maJor ~ J I - tor . the adtnitli~trationof any
railway as defined it1 clause (20) of article 366 cf t h ~
Constitutioll, is party. unless the rules arc tvade
with concusreilce ('F the I : Government.]

____I---
_ _ ________
_ -- -- -- - -- - - ---- -- -- -
subutituted for the
Order of 1937 and
jal " by the Adapta-

-
1

2~h~ m r d s with the previoas sanction o f illc (iovernor-Gelleral


Council "ere omitted by the Adaptation Ordcr of 1937.
tion (Anendmen t)
i d by the Adapts-

-
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701 Dl,ytric[ ,4futjicipalilio.v !::!920:T.N. Act V


- t
Method of
h t ofz T r o n d f ~ rof. ~Property.]
17

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

(b) at silcl~rate as may be fixed by the State


Govesnmenl, n:~t uxceeding five per czntum, on the
amount specified bslow against such instrument :-

Description of inst1 umcnt. Amount on which


I.
duty s h ~ u l db : levied.

(i) Y ~ l eof iir.!novable The amount or value of


nrl.,pcrt t . the consrdera tion for
t l ~ csale, i:s set forth
in iile ii~rtl*urncnt.
. .
(ii) Exci:an~c i ilnlno\,a- c \,:LIuc t i ' I
4. prcl-
ble ~:'op:~-!y. perty of tile greater
value, as set forth in
the i!rstrument.
-..... .-- . .- .- -... ... . -.- - - . - ---.--
.. - --- -- . --
. .... --- -.-.
.
-,
-------
I This heading and sectioi:s I 1 (,-A, 116-T3 and 116-C' were insertc
by scction 2 (ii) of' thc Madra: District M Lnicipali; ;c:. a
Boards (Amendment) Act, 1945 (M;~drc~:; Act X X o
re-ei~actedpermanently by seciion 3 of, ;lnd the First Sc!~t*tllllcto, a

t h e Tamil Nad!! Kc-ei~aclinyanii '<C~)C~!~IIJ:. (N0.I ) . \ c f , 194


(Tatnil Nncii~..Zcr V l l ol' 1 'W).
2 This sectiol~was substituted for 5ccti011 1 16-A by sclctiou 3
the M,L 11-as C3ty ;;.lur~;cipal. District Municipalities :,nd Lo
Boards (Arn~ndmrn!)A C LI950, (n/i:td~.ttsAct VII of IgSG).

SThic ?x?r.e;si >n was substittited for the expression "


Madras" by the Tamil Nac11.1Adaptation of Laws Order,
amended by th.: 'Tamil Nadu Adaptatioli of Laws (Second
rnent) Order, t969, which came into force on the 14th J a ~ b
1969.

- * " I
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a<.",;
i.,
!,d $$:
.s.'.+
-<:.
".,5
"
6
;
-

a+. , < * $ "

1920 :T.N. Act V] Dislri ct 1viurric1~1


./tities 705
Description of instrument. Amount on which
duty should be levied.
/:ii) Gift of ilnlnovable
\
The value of the pro-
property. perty, as set forth in
the instrument.
(iv) Mortgage with posses- The amount secured by
sion of immovable the mortgage, as set
property. forth in the instru-
ment.
(v) Lease in perpetuity of An amount equnl to one-
immovable property. sixth of the whole
ainount or value of the
rents which would be
paid or delivered ia
respect of the first fifty
years of the lease, as
set forth in the instru-
ment)].
'[116-B. On the introduction of the transfer duty- provisions
applicable on
the intro-
ntral (a) section 27 of the said India11 Stamp Act duction of
;tIT shall be read as if it specifically reqgired the transfer
lgg9* p~rtticularsto be set forth separately iri respect of duty.
property situated within the limits of a munici-
pality acid outsjde such limits ;
,
( b ) section 64 of the same Act shall be read as if
it referred to the municipal council concerned as well as
the Government.]
Power to
1[116-C. The ((State)Governmellt may make rules make ruks 1

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

incurred by the Government in the collecrior~tilereof.] fer duty. .


cc._------- - __I--
' I
Sections 1 1 6 - ~ , 116-B and 116-C were inserted
by section 2 ii) of the Madras District Municipalities 'nd
~~~~l Boards (Amendment) A C ~ , 1945 (Madras Act XX or
1945) re-enactedpernxulelltly by section 2 of, and the First Sche-

.
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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706 District Municipalities [1%0 :


General provisions regording ta xation and
to 117. With thc sanction of the '[State Gove
t from the municipal council may exempt any pers
of persons wholly or in part from the paym
tax . .
1. 8 [ B ~ t nothing in
tion shall be deemed to authori
any person solely on the ground that he is a me
municipal council.]
Power to 4[118. The mimnicipal council may write
write off
irrecok erable tax, 5( . .
. ) fse or other amount wh
taxes, etc. due to it, whether under a cont
any sum payable in conuexio
opinion, such tax, '( ...
irrecoverable.]
Definition of 119. All moneys received b
municipal
fund. shall constitute a fund which s h ~ lbe I c:
pal fund and shall be applied and dit
to the provisions of this Act or other
120. The municipal council shall 6[ * * * ] in
Budget each year frame n buciget L~.:!' 'i: * the ?robable receipts
estimate.
and the expenditure which it prgposes to incur during
the following year and shall submit a copy of the
-- -- - - --
1 The words "Provincial Government" were substituted for the
words "Local Government" by the Adaptatict. Order of 1937 and
the word ''State" w . 1 ~substituted fat. ''Pro\linci;~l"by t l ~ cAdapta-
tion Order of 1950.
2 The words "or toll" wcrc omittcd by Sc
Nadu Motor Vehidcs T,ixation Act, 1931 (T
1931).
3 This sentence was added by section 89 of the Tamil N
District Mnnicipal!ties (Amendmet 't) Act, 1930 (Tamil Nadu
X of 1930).
4 This section MI;LL stlb\titul~d i o ~lllc origi11:il hcction 118
section 90, ihid.
6 The word 'bto';'\!l:is omitted by S(.hedulc 1 to the
Nadu Motor Vehicles Taxation Act, 1 93 1 (
1931).
6 The words "before the end of December" were substitut
the words "in the month of February" by section 91 of the
Nadu District Municipalities (Amendment) Act, 1930 (Tamil
Act X of 19-30), a11d the words so substitute
tion 2 of the Madras Dlstrict Mu~~icipalities
Act, 1942 (Madras Act VII of 194
section -. and the First Schedule to,
C',. ID Act, 1948 (Tamil Nadu Act VilI of 1948).
1
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--- - - -- -- - -.---- --- -
--
.-

0 : T i . Act V] District Afunicipalitizs 707


ment] b e f ~ r e2[such
in that behalf]. The
-ovision adequate in the opinion
of the '[State Government] for the due discharge of
all liabilities ill respect of lcans contracted by the
council and for tlie maintenance of a working balance ;
and if the budget as submitted to the '[State Govern-
ment] fails to make these provisions, the l[State
Government] may 3[modify any part of the budget]
so as to ensure that such provisions are made.
121. If in the course of a year a municipal. counc12 Revised or
finds it necessary to modify thc figures shown in the st~pplem~nitil
budget with rcgard to its receipts or to the d.istsibution budget. \

' of the amouilts to be expended on the different


services it undertakes, it may submit a supplernei~tal
or revised budgct providcd that no alterdticjn shall be
made without thc consent of thc '[Statc Go~rernrnent]
in the amount allotted for the service of debt or in the
working balance.
I

122. The '[State Government] shall appoint auditors Appointment


of the accounts of receipt and expenditure of the of of auditors
accounts,
:at1r l municipal fund. Such auditors shall be deemed to be
;t 'lV 6public servants' within the meaning of section 21
i 360.
of the Indian Perlal Code.
123. (1) If the expenditure incurred by the %[StateContributions
Government] or by any other municipality to which to expenditure
this Act applies or by any other local at~thorityin authorities.
by 0 ther local
the '[State of Tainil Nadu] for any purpose ;tuthorized
__- _ --_ _ _ _-____-__ _-_ __ _____ _I-

1 T l ~ cwords "Provincial Go\~ernn~ent'~


wcrc substituted for
tile words "Loc:~lGnvcsnmcnt" by thc Adap taiion Order of 1937
itad the word 6'St:~tc"was !ubstitutcd for "P;ovincial" b y thc
Adaptation Order of 1950.
* These words were substituted for the words "the end o f
Februaryw by section 9 1 of' the Tamil Nadu District Municipal;-
ties (Amendment) Act, 1930 (Tamil NaduAct X of 1930).
8 These words were substituted for the words "alter any part
of it" by ibid.
substituted for the expression "Presi-
Tamil Nadu Adaptation of Laws 01der
to have come into forcc on the 14th
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708 District Nunicipalielities [19U) :T.N. Act V I


I

by or u d e r Phrt [I of Sahedule IV is such as to benefit I


I
the ~nhabitants of 'municipality, the municipal
-? iI
;
council may, with the sanction of the '[State Goverii- I

ment' jnake a contribution towards such expenditure.


I
(2) The '[State Government] may direct a I
mutiidpal council to show cause, within a nlolith after ti
1

receipt of the order containing the direction, why ar~y


contribution uescribed in sub-section (1) should not
be made.
1
i
t

(3) If the municipal council fails to show cause


within the said period to the satishction of the l[State
Government] the l[State Government] may direct it
to make such contribution as 2[they shall name],
and it shall be paid accordingly.
*

Application 124. The rules and tables embodied in Schedule IV


Schedule I\
shall be read as part of this chapter.

R6ccr\.ery 0 : 3g?4-.4. S ~ f * . ~ i t \ + s t : \ ~ \ i i ~i \i~v$+thins i\l\\ti\ityfi\


bans an3
advanus the Local ~uthoriricsLoans .Act. 1914, ilre 'fltate
made by the
State Government] shall be entitled to recover in the manner
Government provided by sub-section (4) of sectior 39 of this Act
or by suit any loan or advance made to any municipal
council for any purpose to which the funds of the said
ccuncil may be applied under this Act.]
- --.-

1 Thc words "Provincial~Governm


the words ''Local Qovernment" by the
and the word "State" was substituted
~ J a p t a t i oOrder
~ ~ of 1950.
Thrjc u ords werc substituted for
name" by the Schedule to the Tamil N
ties (Am endmen0 Act, 19.30 (Tamil Nn
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-- -

District . JIunicipalitic~ 709

PART IV--PUBLIC HEALTH-SAFETY AN D


CONVENIENCE.
Vlf .- WATER-SUPPLY,
CHAPTER LIGHTING
AND DRAINAG~.

Water-supply--Tfesting of works and powers oj


mcmicipril c uthorities.
125. (1) All public water-courses and springs and cl
all public reservoirs, tanks, cisterns, fountains, wells, works in
stand-pipes, and other water-works existing at the mwic'pal
time of the coming into force of this Act or afterwards councils~
made, laid or erected, and whether made, laid or
erected at the cost of the municipal council or other-
wise, and also any adjacent land (not bcing private
property) appertaining thereto shall vest in the
council and be subject to its control :
'[Provided that nothing contained in this s-;ion
shall apply to any work which is, or is connected &th,
a work of irrigation or to any adjacent land appeotain-
ing to any such work.]
(2) The %[State Government] may by noti!i a-
tion limit or define such control or may assuLqe the
administration of any public source ~f water-supply
and public land adjacent and appertaining thereto
after consulting the municipal council and giving due
regard to its objections, if any,
126.(1) The municipal council may, with the sanction construction
of the "State Goveromcnt] direct the construction nance andmainte-
of
of such works as it deems fit without the limits of the water-works.
municipality for supplying it with water and may
provide chaimels, tanks, reservoirs, cisterns, engines,
mains, wells, fountains, stand-pipes, and other works
as it may deem fit within the said limits for the use of
the inhabitants.
-- - ---- ...--- _ ----
1 This proviso was added by section 7 of the Madras L)lstrict
r~$~nicipalities(Second Amendment) Act, 1934 (hfadr as Act X t d
of 1935).
a The words "Provincial Govern mcnt" were substituted fol
the words "Local Govcrnment" by the Adaptation Order of 1937
and the word "State" was substituted for c6Provn'ncial''by the
Adaptation 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.

Trespass 0 n 127. It shall not be lawful for any person except


premises with permission duly given and obtained to enter
conneated
with water- upon land b~eloagingto or vested in a municipal
supply. council along which a conduit or pipe runs, or upon
any premises connected with the water-supply.
I /

Prohibition of 128. (1) Without the permission of the counci! no


building over building, wall or other structure shdl be newly erected
water mains
and no street or railway shall be constructed over any
municipal water mains. i
(2) If any buiiding, -wallor other structure be so
erected or any street or railway be so constructed, the
council may cause the same to be removed or otherwise
dealt with as shall appear to it fit and the expenses
thereby incurred shall be paid by the persons
offending.

Supply for domestic use.

me. of water ht io: r he homestic use of the inhabitants.


Ccntrol over 130. All hollse-connexions, whether within or
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----- __ __

- -- -.._-__

water to any building assessed at an annual value of


less than one hundred and twenty rupees.
(2) Whenever it appears to the '[executive autho-
rity] that any dwelling-house assecsed at an annual
value of not less than two hundred rupees is without

and to execute all such works as may be necessary A\-+-

that purpose in accordance with the by-laws and


regulations.
(3) Tile cost of making the connexion and the
cost or hire of meters shall be borne by the owner or
applicant and shall be recoverable in the same manner
as the property tsx.
Expla~~ation.--Supply of water for domest jc con-
sumption and use shall not be deemed to include
a supply---
(a) for any trade, manufacture or business,
(b) for gardens or for purposes c f irrigation,
(c) for building purposes,
(d) for fountains, swimming bath;, public
baths 2[ , . . . . 1, within the rn~micipality
or for ally orila mental or nlechanical purpose,
------ -
1 These words nlcre substituted for the word "chairmanY'by
section 17 (1) o f the MaCras District Municipalities (Amend-
ment) Act, 1933 (Madras Act :CT C~ 1933).
2 The wolds '-1xnks i n or near temples and mosques" were
omibted by section 2 (a) of the Tamil Nadu District Munici ali-
ties (~men&nent)Act, 1336 (Tamil Nadu Act XXIII of 19363.
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712 District Bunicipalities [I920:TwNw A


./. I \
(e) for animals, or for washing vehicles, where
such animals or vehicles are kept for sale or hire ; ;! !>

bat shall be deemed to include a supply-


(a) for flushing latrines, \

(b) fol all baths other than swimming bath


l
or public bat IS,
(c) for the consunlgtion and use of inmates of -
hotels, boarding-houses and the like and for baths used
by such inmates.

'[(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.

4:' Prlyrnett t lijr wrr tar.1


I P- s:
council to mik:e 1 -4 . 1 ) r 1 \t:l tel sirp p l i d ullda sc&iofi
by-laws for 131 or under section 132, payment shall be lnade on
water-supply.
such basis, at such times, and on such conditions as
may be laid down in the by-laws made by tlle comcil,
and shall be rec:overable in the same rnanner as the
property tax.
- -.-.-- -
Sub-section (4) w : i ~o~nittcd by section 2 (b) of t l ~ c Tamil
Nadu District Munici tmli ties (-Ime~tdmcnt) Act, 1936 (Tamil
Nadu *4ct XXIII o I' 1 030).
"ub-scctio!~ ( 2 ) 01' scclitru 132 W;LS (~mitlcdi L ~ l t l s~rb-st:otion
(1) was i~eniimbei-cd; i s scct ion 133 I:y s c c t i o ~ ~3, jl~/d/.
a Thcsc wards .rvc~.i*substitutc.d for thc war-d " cIlair.man "
bysectioil 17 (1) of tllc Madras District M,unicipalities
(Amendment) Act, 1933 (Madras Act XV of 1933).
Thir beading a ~ l dsection 1 3 2 4 wcrc inserted by section 4
of the Tamil Nadu District Municipa litGics (Amund~ilcnt~)Ac$
1936 (Tarnil Nadu A:t XXITI: of 1936).

I
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. A

. 1920 :TON. Act V] District MunicipaliiiZq 713


(2) In particular and without prejudice to the
generality of the foregoing power, such by-Iaws
may- I

(a) in cases of supply for domestic consumption


and use, lay down the maximum free allowance to be
*madeand the rates of charge to be levied in respect of
water supplied in excess of such allowance ;ant1
(b) in cases of supply whether for domestic
consumption and use or for other purposes, or any
class of such cases, lay down that .the charge for water
supplied shall be based on the number of taps allowed,
irrespective of the quantity of water consumed.]
Supply beyond limits of mttaiciprtlity.
133. The council may with the sanction of and on Supply
such terms (if any) as may be approved by the '[State without be
Government] supply water to a local authority or other m'unicipality.
person without the nrunicipality.
Qlt t ing ff ,vat er-supply.
(3

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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114 District dVunicipalitie~ 11920 :T.N.Act V , k


(d)if the owner or occupier neglects within a . 1
period specified in any notice issued by the '[executive
authority] under any by-law made under this Act to
put up a meter or to comply with any other lawful
order or requisition ;
t
(e) if the owner or occupier wilfully qr neg-
ligently damages his meter or any pipe or tap conveying
municipal water ;
(f) if the occupier refuses to admit the '[exe- .
cutive authority] into premises which he proposes to
enter for the purpose of executing any work or of
placing or removing any apparatus or of making any
examination or inquiry in connexion with the water-
supply, or prevents the '[executive authority] doing
such work, placing or removing such apparatus or
making such examination or inquiry ;
( g ) if any pipes, taps, works or fittings connect-
e d with the municipal water-supply are found on
examination by the '[executive authority] to be out $
: .Ah+ ( -
1
., f
of repair t:o such an extent as to cause waste
milit, t icw of \\li)lihl ;

(h) it' thc owmr QI. oc~upier* l u g s pips, b


works or fittings connected with the municioal wat%
.LA - removed. re~air
interfered with in violation of thi by-laws : .A
..? 2
*.;

Provided thiit in cases under sub-clauses (e),


(g) and (h) the '[executive authority] shall no1
(654

take action unless notice of not less. than twenty-f01


hours has been given to the owcer or
premises.

(2) The expense of cutting off the suppl


paidby the owaer or occupier of thc prci
- -.-
-. --pvII
-
Thebe wwoids were substituted for tlhe word
1
by secticn 17 (1) of the Madras District M
(~mendment)Act, 1933 (Madras Act XYof 1933).

1 .- *
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' I
i

No action taken under this section shall relieve

rought, or . other unavoidable cause or cases.


ent, or the necessity for relaying or repairing pipes. . i
*"*.
i

2 2
, .%"<',i
r>?
'.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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716 District ~zinicipaIifies 11920: T.N

at the expense of the owner of the premises to which !I


the same belong or for t!ie use of which they were 1
constructed, and in conformity with by-laws and 1
regulations framed by the council in this behalf.
A
'f
Connexion 139. (1) The l[executive authority] shall on appli-
of house-
drains wit11 cation by the cwner or occupier of any premises or 1
I
public the ownkr of a priva:e street arrangt:, in accordance
drains.
with the by-laws, for the connexion of the applicant's
drain with any public drain at a distance sot exceed-
ing three hundred feet L; t ~ LA
i in :~i the applicant's
expense. I
(2) If there is a public drain or outfall within a ,

distance not exceeding one hundred feet cf the nearest

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

1 These woi-ds were substituted for the word "Chairman" by


section 17(1) of thc M,!dras District Municipalities (Amendment)
Act, 1933 (Madras Act XV of 1933).
2 These words were inserted by section 3 (i) of the Ma
City Municipal and District Municipalities (Amendment)
1942 (Madras Act XXVII of 1942), re-enacted permanently
scstion 2 of, and the First Schedule to, the Tamil Nadu
enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act
of 1948).
, -- I
C
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be neceSSaTy in accordance with the by-laws and

(a) no requisition shall be made under t h i s


tion on any person who has been exeri~ptedfrom
payment 3f the property tax under l[sub-section (5)

(b) no person shall be required under this sec-


tion to expend a sum exceeding five times the pi,;-rty
tax on any such building, with the land assessed with
it as part of the same premises ,or in the case of buil-
dings exempted under section 83, fiye times the property
tax which would be payable on such building with the

140. (1) Where a drain connecting any premises


Executive
with a public drain or other place set apart by the muni- authority ,
cipal council for the discharge of drainage is sufficient may close
for the effectual drainage thereof and is otherwise un- Or limit
the use
objectionable, but is not, in the opinion of the '[exe- of existing
cutive authority] adapted to the general drainage private
system of the municipality or of the part of the muni- drains*
cipality in which such drain is situated, the 2[executive
authority] with the approval of the council may-
(a) subject to the provisions of sub-section (2)
e, discontinue or destroy the said drdin and do
work necessary for that purpose ; or
(b) direct that h s u d l i i d h shall, from such date
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(2) NQdrain may be closed, discontinued or dcs- I

troyed by the '[executive authority] under clause (1) (a)


except on condition of his providing another drain as
effectual for the drainage of the premise
mwlicating with a public drain or other
said ; a ~ the
d expense of tl3.e constlvctio~l
so provided by the '[executive authorityland of
done under clause (1) (a) shall be paid by the co
Power of 141. (1) When the l[executive
executive opinion ti at any group or block
authority
to drain p a t of w~lichis situate within one
premises in municipal drain already exi
combination.
provided or in the process
drained more economical
combination than separately, t
may, vith the approval of the
group or block of premises to be
method as appears to the '[executi
best suited therefor and the expen
'[executive authority] in so doi
owners in such proportions as the
(2) Not less than ateen days before any
under this section is commenced, the [executive
rity] shall give ilotice to ihe owners of-
(a) the nature of the intended work,
(1,) the csf imatcd cx l ~ c ~ ~ ishotlcol;
cs 4~ td
(c) the proportion of such expenses payab
each owner.
(3) The owners for the tixe being of th
premiscs constituting a group or block drained
sub-section (1) shall be the joint owners of every
1 These words were substituted f
section 17 (.I) af the Madras Distr
ment) Act, 1933 (Madras Act XV
These words were substitr~ted
constructed" by section 3 (ii) of
and District Mtrnicipalities (Am
Act XXVII o f 1942), reenacted
zr,d the Pirc,t S6;i:f;r1sil~ to, ttbf: *Ts
Repcdjir~g( X : t . 1 ) I $ $ [ , ?',t4;; ('I ;lfr#i

.. ,* .. .
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in in good repair dnd e@cient coiiaition.

he '[executive authority] may remove or


e deal with anything placed or constructed
tion of sub-section (1)as he shall think
cost of so doing shall be reccverable
owner' thereof in the manner ~rovided

rds wsre substituted for rd "c;hairman" by


palities (Amend*
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720 District Muni~ipnlities i1920: 9.N. Act V

Maintenance 144. The owner or occupier of any building iu a


of trougl-rs public street, shall, within fifteen days after receipt
and pipes for of notice in that behalf from the '[executive authority]
clatching
water. put up and tltenceforward maintain proper troughs
and pipes for catching and carrying the water from
the roof and other parts of such building and for
discl~arging such water in such manner as the
'[executive authority] may perinit.
Public latrines.

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.

147. Every person employing workmen, lab


or other pt.rosons exceeding ten in nrrmhor,
provide and i~~:~il~ttiill
(110 sepnr-qle bf ~6
-- -
=These woxds were substituted for the
section 17 (1) of the Madras Distrjct ~ u n
Act, 1933 (Madras Act XV of 1933).
, ---
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722 District M~lnicipalities [1920 : T.N.


do all acts necessary or expedient for repairing or -
maintaining any such cable, wire, pipe, drain, channel,
.6;'
t i

..
**

post, pole, standard, bracket or other similar con- .

trivance in an effective state for the purpose of which %:('.; .


% 33
p: , -
it is intended to be used or for removing the same : \ %. t
$2

Provided t h t s11ch work shall be done 50 as to


cause the least practicable nuisance or inconvenience
to any ycrson :
I'rovided further th:rt thc '[executive authority]
shall, with the s~tnctionof the council, pay compen-
sation to any person who sustai~isdamage by the
exc~aciseof scch p b ~ w a .
351. ( 1 ) Ucr person I , tr :lhc ~t the permission
b $

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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(a) over ally lake, tank or reservoir, from which


ly of water for drinking, for producing electric
or for other purposes is deri~eil.,and over
aads within one mile of the high ~ a t e r level
ny such lake, tank or reservoir,
(b) over any water-course from which a supply
ater for drinking, for producing electric energy
r other purposes is derived, within one mfie
e and half a mile below any point at which
er is taken for such use, and
(c) over any lands used for sewage farms,
. ... *

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

(i) depots for ihc Jcposits of :ilth, rubbish


and the carcasses . of a nimals ;

(ii) covcrcd vcl:icles or vessels for thc


removal of filth ;
(iii) vehicles or otlter suitable means for the
removal of the carcasses of large animals and rubbish;
(iv) dust-bins for the tempora~y deposit of
* J,
*a- #c
* I
:!: * * $ 1
---.---..--.- - -- --.
s section was o~riittedby section 94 of the T a i l Nadu District
palities (~mc$drcnt) A r t , la2Q (Tam3 Nadu Act X of 11930).
%
*nr ' R / A
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'I
4
74 Districd d lunicipalities !I920 :T.N. Act V
Contributions l[156. Wherc a mosque,temple, mutt or a.lY place
from persons religious worshi,? or instructioll or any place whi
having control is used for holding fairs, festivals or for other li
over places of
pilgrimage, etc. purposes is sittiated within the 1
pality or in the i-~eighbourhood thereof and attrac
&her throughoutthe year or o
a large numbor of persons, tiny s
necessary li,r public he:llth, s
whether per.m:tnei~tor temporary shall be made
the mllnicipnl council, and the cc
the trustee or otirer persoil having control
such place to mak: such recurring
contribution as tha "[State Gov
mine to the funds of the municipal council.]
157. No person shall after due pr
made u n d e ~szction 153 by the m
for the depcsit and removal of the same,
(a) deposit the carcasses of
filth, in any street, or on the verandah
or on any unoccupied ground alongside any
or 011 any public quay, jetty or landing-place,
on the bank of a water-conrse or ta,nk ;or
( b ) deposit filth or carcasses o
dust-bin or in any vehicle not in
removal of the same ;or
(c) deposit rubbish in any vehicle oi v
intended for the removal of filth save for the pur
of deodorizing or disinfecting the filth.
3[158.] No owner or occupicr of ally prc
shall keep or aliow to be kept for n14
four hours ally filth on such prc~l~ises or any buildi
too long,
------1 -----I - _ _ _ _ . . . --
etc. This section was substituted for t i?e origiilal section by sectj
3lll~licjp:~Iities(Amrndment) A
95 of the Tamil !'~1~.111 >i%;trict
1930 (Tamil Nadw Act :C of lc).3(1,.
The words ' ' Provincial Governnlerlt " w t
words " Local Government " by the Adaptati
the word " State " w a s substitufcd for Provincial by the A
1ion Order of 19: 0.
3 Sub-section (,I) of scction 158 was omitt
was renumbered as scctiorz 158 by section 9
%strict Municipalities (A~ncndmcnt) Act, 1
or 19.38)-
.. ,. . .
. ,

- - - --
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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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from the same fund rneet t h cost


~ of ail improvements
to the same whlch are necessary or expedient for the
public safety or coilvenience
l[(2) The council may entrust to any other
local authority with the consent of such authority
the mainten,mce of any public strect or portion
thereof, the cost o f maintenance being provided
by the council.']
Powers of 163. (1) The council may--
mu:ricipal
authorities, (a) lay out and make new public streets ;
(6) const n ~ c t bridges nnd sub-ways ;
(c) turn, divert or with the special sanction of
the 2[State Government] permanent!^ close aily
public street or part thereof ;
(d) widen, open, extend oi. otherwise improve
any public street.
'?\
k Reasoilzble compcnsi~tionshall be paid to
'Ile owners and occupiers of any land or buildings
tyhich are i-rcrrSrrd for t>r :'.!Ytcttl'd FY sttch
p&"rrC,;"'
i- - - > .

Power 'lo 164. (1) Wiici~a. p,~blicstreet is permanently closed


dispose of under section 163, the municipal council may, with
per manf nt
closed the sanction of the '[Sthtc Government] dispose bf the
streets. site or of so much thereof as is no longer required,
in such manner as' may be approved by the 2CState
Government], provided thnt due compensation is
made to any person irkjuredby such closing.
(2) In determining such c:ompenr;ation, allows
shall be made for any benefit accruing to the
premises or ally adjacent premises belonging t
-- __.-
-- _I___-.

Section 162 was renumbered as sub-section (1) of section 1


1
a new sub-section (2) was added by section 97 of the Tamil
District Municipalil.ies (Amendment) Act, 1930 (Tamil Nadu
of 1930).
"he words '' Provincial G~\~crnrnent " were substituted
words 6c Local Government " by the Adaptation Order of 1
the word " State " was substituted for " Provincial " by the
tion Order of 1950.

. . .
. . . . " yr -- .-.... . .
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- -- - --- -- -- -

O W E ~from the construction or improvement

(1) The council may acquire-

(b) any land outside the propotcd street


alignment, rvilh the li~lildings,if n.ly, stan<fjng there- 9

+
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

(3) As y inm paid in pursuance of the


to sub-secti.,n (1) or reccvered under sub-sec
in respect of' any laird shall bc left out of acc
determining the annual value of such land
purpose of ass5ssi11g it to the property tax.
(4) Any land or building acquired under
section (i),clause (b), may be sold, leased or othe
disposed of after public advertisement, and any conv
ance made for that :purpose may comprise such co
tions as the couilcil tlzinks fit as to the removal of
existing buildi.ng, 1f any, the description of the
building (if any) ,to be erecteci, the period witkin w
the new buildiag (if any) shall be completed and
other similar m~itters,
( 5 ) The co~li~cil may require :in/ person to W
any ]and or building is transferred LI
(4) to comply with any cor~ditionscomprised in
conv.eyacc2 i-- - r ,~ ) r zi?pi:::.:;
,,ci hir? in possession
*=* T > - 2 . - . . .
. . . .- - - -. . - .. - ,
*
_I

Power to 166. Thi ccuilcil may--


prescribe
building fot any public street a building I
(0)pres;ribe
line and
street or a street aiigikmo~tor both ;
. alignment.
(b) from t . i ~ to e define a fresh line in sub
~ ~time
tutioafos ally liiie so defined or for any part thLereof:
Proviclcd ti~nf:i l l either c;tse-. ....

ji) at least oile mon&Rbefore the


council at which the mattyr i s decided,
the proposal has been giv n and special notice t
has also been put up in t e street or part of the
for which such line is proposed to be defined; and
l
(ii) the cour~.cilco~lsiderall objections to
said proposal nade ia writing a ~ l dd
municipal office aot lass than three clear days
the dxv of such meeting.

. ,,
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(b) to remove, reconstruct or make any


ion to any portion of such building which is
n the street alignment,

any building thereon lies within the street alig~mlei~t,


the 2[executive authority] may forthwith take posses-
sion on behalf of the coui~cilof the portion of land
within the street alig~lmentand, d necessary, clear it..
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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

the '[executi.i7e authority] takes possession of any land


under sub-section (2), the cont~cilshall forthwith make
!
i
fui;. -qpensation to the owner for ally direct damage
which he may sustain thereby.
ye
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.

Setting 169. The coui~cilmay, upon such terms as it


buildings fit, allow any building to be set forwa
forward to
improve of improving the line of a public st
line o f notice, require any building to be so
street. thereof or of a
case of reci~nc.truction

Expln nutioh.-For the purpose of this secti


wall separating any premises from a public street
be deemed tc be a building: and it shall be dee
sufficient compliance with permiss
to set forward a building to the st
wall of such material and dimensio
by the l[executive authority] is erected a
said line.

Projected 170. ( 1) hc council may preparc schemes and


streets. of proposed public streets, sllowing the directio
such streets, :he street alig~imentand building lin
each side of them, their inte~lded jvidth and such
details as may appear desirable.
- ---- - - 1 1 1 -

1 These words were stlbstitt!tcd for 1 le word 6'


sectioll 17 ( 1 ) of the Madras Distl ict Mr!l,icipaljtjts
Act, 1933(Madi.i~Act XV of 1933).

8
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- ." ...

(3) It shall bc thc duty of the cou+~cil


r.0 lay out

contingency of buildings being erected thevein.


(4) When any plan has been prepared under sub-
section (I), the street to which it refers shall be deemed .
to be a projected public street, an$-the provisions of
section 168 shall apply to all builaings, so far as they
stand across the street alignment or buildi- line of the
projected street.
1 . The coui~cilshall, SO far as it considers it :ring of
requisite for the public convenience, and so far as Street$*
funds permit, cause the chief public streets to be I

watered, and for that 17 urpose may providc such mra1cr-


arts, animals and : q y 1x1
~ ti:. a s i t t hi 11k s 11 cccss:: 1.v.
172. The 3(execulive autho18ity) may by nn order Temporary
in writing tanporar ily close any street to 1-affic for closure of
+ repair, or in order to carry out any work connc~tedwith stlreets*
drainage, water-supply or I ighting or any of t hc purposes
ofthis Act:
Provided that such work shall.be ron ipl eted and
suchstreet rcopencd to tra!lic wiih allrcason:\hle speed.
173. It shall not be lawfitl for any person, without pprotection o f .
the permission of the 3(cxec~kliveauthority), t~~disph,ce,appurtenanca
materiais
take up, or mak9 aiiy alteration in the re~?c;es,posts, and
af
pavement, flags or other ~natcrials of any public street.
,
1 This word was inscrtcd by section 98 (i') 01' iJ:c 'Trinli! h a d u
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174. Whenby a certificate of r , oRctr


~ of theG
nicipalit~ meat Public Works Department of a rsink not
to recover that of Executive r':ngic.eer it appears t9 he council
expenses
caused by having regard to the c?vc:rage expe
extraordinary in the 11eighbol:rhotrd, extraol*
trafic. been incurred by the rc~u~~;r;~~!,~i
c
street by reason of the dz&age causc:d by ex
weight passing along the &rcet,
thereon, the counci 1 may recov
having jurisdiction from any per
ence of whose order such weight
conducted tlze :~m.ountof such cx
proved to the satisfaction of such
incurred by such cou~~cil by reason of'tile damage arising
from such. weight or traffic as aforesaid :
Provided that any person against whom expenses
are or n a y be reccverable under this section may enter
into an agreement with the council for the payme
to it of a composi:ion in rcspcct of such weight
traffic and thereuk7onthe persons so paying shall
be subject to any yroceedings under this section.

(a) the intended fevel, diredioo and


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..

Distui~i Municipalities 733


(h) the street alignment and the building lin
e,
(.c.) the arrangements
- t o be made for levelling,
;'paving, metalling, flagging, channelling, sewering,
ing, conservjrlg and lighting the street.
&j ::;
i&-.:-: - (2)The provisions of this Act aria of any rules or
iy-laws made under this Act as to the level and width
jfpublic streets and the height of buildings abutting
keen shsll.aa~lv
- - ------ --TK-J ----- in
also - case of streets referred
-- -t-h- e
sub-section (1); and all the p&ticdlars referred
a'iin that sub-section shall b e subject to approval
$ithecouncil. \
;gL x
$?alication
(3) Within sixty days after the receipt df any
under sub-section (1) the council shall
- r sanction the making of the street on such.
itiditions as it may think fit, or disallow it, or ask
+
J&ffurther information with respect to it.
,:' It: ,;*4?

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'

(ii) if the preposed street does nct conform to


revisions of the Act, rules and by-laws referred
ub-section (2) , or
(iii) if the proposed street is not desiened
so as to connect at one end w i t h a street
which is already open.
.+;&+6
*
": ,'
o person shall make or lay out any new a
I, q
is.?
reet without or otherwise than in conformity *
3 C
rders of the council. If further information #,
+",* "**.
for no steps shall be taken to make or lay out ...,q: "
3.:;
t r- " t*q.
-
a

I , . A
.' 'T
,
q
0
,+
?
\<
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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

offc~lderL o sl~owsufficient cause,


thc
( N ) ~-cqllii.e
by a written sf-atcmcntsigned by hinl and sent to the
'[execotive authority:\ on or before such day as may be.
specified in tho notice, why such street should not
be altered t o the satisfact?on of the '[executive , 4
authorityl or if such alteratjon be impracticable, why
such street should not be demolished, or
( h ) require the offender to appear before the
1
[executive authority] either personally or by a duly
authoL'.--d agent on such day and at such time and
place as may be specified in the notice, and show cause
as aforesiiid.
( 2 ) Tf ally pcrso~lon whom sucli notice is served
fails to show sufflcie,~tcause to the satisfaction of the
'[executive authority] why such street should not be so
altered or demolished, the ' [execotive authority] may
pass an order directing the alteration or demolition of
such street. if

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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19% :T.N. Act V] District Municipidli, ies 735

authority], he
- - may by cotice require tlte owners or
occupiers of buildings or lands fronting 01. abutting I

on such street or part thereof


- A - tolcarrv
- . -- out anv wnrk
- - - -----: .. -- -
d
&ich in his opit~icr, he twcessary a ~ l dwithla such
time as miy b- sl~ecifizdi ~such
i notice.
I"
1:. (2) If such work is not carried orlt within the tiine
specified in the notice, the [exccative nuthority] may,
if he thinks fit, execute it afid the expenses incurred
shall be paid by'the owners or occupiers in default ,. $ B

rding to the frontage of their respective buildings , i


i
$i

ands and in such propo~~tion as may bc settled by- the 4


,3bft

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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182. (1) The [executive authority] may by


encroachments*require the ow nei- or occupier or any premises t
or alter any projection, encroachment or
tion (other t ! ~ a ~a l door, gate, bar or ground-floo
window) situated against 01. in front of such premise
and i1-1 01- over. any street.
(2) rf the owner or occupier of the premises pr
that any such projection, ell~roachmentor obstrll
has for a period sulficiei~tunder the law o
limitation to give any person a prescriptive title th
or that it was erected or made with thepermissi
licence of any municipal authority duly empower
that behalf, and that tlm period, if any, for whi
permission or licence, is valid has not expired
municipal coul~cilshall make reasonable compen
to every person who suffers dmage by the rem
alteratiou of th:: same.
,' Power to 183. (1) Tile council may grant a licence, su
allow certain to such conditions and restrictions as it may
, projections
a and erections. fit, to the owner or occupier of any premises to put
up verandas, balconies, sun-shades, weather-frames
and the like, to project over a street, or in stree
which the construction of arcades has been sane
by the coui~cil,to piit up an arcade ; or to co
any step or drdn-covering necessary for access
the premises.
2[(2) The [executive authority] may
licence, subject to such conditions and res
as he may think fit, for $the temporary erection
pandals and other structures in a public street v
in the council or in any other public place the co
of which is vested in the council.]
2[(3) The coilncil shall have power to lease
sides and street margins LC
vested in it for o c v a
on such terlns and conditions and for such per1
as the council may fix.']
-----
l
--- - - - - -_ ------- -
Thesc word.; wcrc s ~ b s t i ~ u ~1 i0u, the w
-
by section 17 (1) o f the Msdras District Municipalities (.4mw
ment) -Act, 1933 (Madras dcr XV ef 1933).
"Sub-sections ( 2 . to ( 6 ) were substituted for the origin
( 2 ) and (3) by section 100 of the Tamil Nadu District
(Amendment) Act, 1930 (Tamil Nadu Act X of 1930).
I
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But neither a licence under sub-section

l[(5) The '(State Government) map, by notifi-


cation, restrict and place under such colltrol as they
may think fit, the exercise by municipal councils
in general or by any municipal couilcil 111 particular,
of the powers under sub-sections ( I ) and (3)J
l[(6) On the expiry of any period for which a
licence has been granted under this section, the 3[ex~-
cutive authority] may, without notice, cause ;-1r pro-
jection or construction put up under sub-s.ection
(1) or (2) to be removed, and the cost of so doing
shall be recoverable in the malmer provided in section
344 from the person to whom the licence was granted.]
184. (1) ?'he 3[executive authority} shall, during the Prccautionrr
construction or repair of any strcct, drain or premises sduring repair
f streets.
vested in the municipal coui~cil-
(a) cause the same to be f e ~ ~ c eodl d guarded,
I

(c) cause such bars, chains or posts to be


fixed across or in any street in which any such work
is under execution as are necessary in order to prevent
the passage of vehicles or animals and avert danger.
-----.... - -- --- - -- - - ---
1 Sub-aectionr (2) to (6) were substituted for the original sub-sections
(2) and (3) by =tion 100 of the Tamil Nadu District Municipalities
(a-t) Act, 1930 (Taolii irrl;~ Act X of 1930).
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758 District ~li~rnici~alities11920 :T.N. Act V I
(2) The '[executive authority] shall cause such
drain, street oq*premises to be sufficiently lighted or
guarde l r'uri, the night while under construction
or reps::, .
(3) The L[cxecutive I I I - i t shall, with all
reaso~~ablespeed, completo thc said work, fill in the
ground, and repair the said drain, street, or premises
and removo the ixbbish occasioned thereby.
Prohibition 185. N o pcvso,~ s I 1:twful authority
against remove any bar, chain, post or shoring timber or
removal o f
bars and removr 01- c ~lj,igt.iisl~ any jig11t !;cl LIPr111dersection !84.
lights.
Prohibitio~l 186. (1) U o person shall ~rlakca hole or cause any
against rnakin &
holes and ~ ~ street, un icss. he p~-eviouslyobtains
o b s t r i ~ c t iii ~l :!ny
causing the permiaiioil of the ' 1 executive authority] and
obstruction. conlplizs u i t h such conditio~~s cts that officer may
impose.

(2) Whcri s ucl~pznnis: ion is granted, such person


sl~all,at his cxpeilse, causc such hole or obstruc-
tion to bc sullicicntly fencad and el-~ccloseduntil the
hole or obstru:tion is fi!led up or removed and shall
cause such f.c~lc or obstl-tiction to be suEciently
lighted during ~ h night.
c

Licence for 187. If' ally pc~.sonintends to construct or demolish


work on
bui!dings aity building 31- to alter or repair the outward part
likely to c;tlrsi: thereof, and ii' ally street ilr footway is likely to be
obrtf.uctioil+ obstructed 01- rendered inconvsnient by means of
, sl~allfirst ohtnin a licence from the
such b ~ < ) r k ile
' [exesutijc ;~iit!~o~-itp]
in tila[ bcl:alf and shall also-
i I llw ~ i l i d bttildi~lp to be fenced and
guarded,
(6) su&icic-1-lrly light ii. ti ~ii-iilgthe aight, and
( take lxopcr precautions ngninst accidents during
, such times a5 the pilblic sakty or convenience requires.

These wards wn.12 siibstituted hi-the word " chairman " by


section 171 1 ) of tllr Madras District Municipalities (Amendment)
Act, 1933 (bladlrs Act XV of 1933).
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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':

he '[executive authority] shall cause to be


painted in English and in at least one verna-
age on a conspicuous part of some building,
ce, at or near each end, corner or entrance
of every public street.

Nunzbers on buildings.
. (1)to beTheaffixed
'[executive authority] may cause a
to the side or outer door of any
Numbertng
buildings.
oj

or to some place at the entrance of the

(2) No person shall without lawful a u t h o r i ~ ~


estroy, pull down or deface any such number.
(3) When a number has been affixed under sub-

for the word '' chairman" by


ict Municipalities (Arnendtr?ms)
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740 District Mttnic@alities [I920 :T. N. Act V

Gcnri.ril powers.

Baildis~Calcs* 191. (1) The '[St;; te Governnla~t]may make rules--


(Nj foi- t h ~1.~3~lliltioll
01. rcstricti311 01' the
~ LNG of sites [.or t: ii i Id i 1 1 ( 2 , L ~ I I L ~

~ ( h ) for thC 1.3 ! l i j ; ~ t : (1;.


~ly
.
~~ , l , - , c t ~ of'

(2) W i t l l ~ u t piej~~ciiceto i h ~gel~erality of the


.
t , ~build
~ i~g.

power confeired by sLlb-section ( I). clai~se(a), rules


made under thal. clause may provide--
(a) that no insallitary or dangerous site shall
be used fbr building, and
(b) that no site shall be used I'or the cons-
truction of a building intended for public worship,
if the construction of the building thereon will wound
the religious feelings of any class of persol s.
2
(3) Without prejudice to the generality of the
power conferred by sub-section (I), clause (L), rules
made under that clause may provide for the following
matters :- e

~ (a) information and plans to be submitted


together with applications for permission to build ;
I
(b) height of buildings, whether absolute or
relative to the width of streets ;
(c) level and width of foui~dation, level of
lowest floor, and stability of structure ;
(d) nuinhe;- anti height of storeys colnposing
3 i>i.lildii~: 2~:il ! 7 , ~ ! 2 ! : !*?i' 17pf~:l:;.

- Ci'; 7,s-i. . I ,.... . , v . , -


' - -,
- ' & 7A 4 , + -.?< iJ.- L%e
L a

b,o:'cjs '"toir-if ,-21 . . t " : the At!<?[ , ~ i c - r i


L,": i~l'ifti of 1937 and
t i l e word "Sr\<tr":%+IS:,:it- : i t , ! ~ e ,for
~ PI-L)\iri:i,ti " ti! the .%dnl.rtation
Or.cfeiS ~ ?195!).
f
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(g) provision of ;eccrzdary . , icuas I

for the removal'of filth ;

.
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

ipal council, in respect of any 1)articular


lity or portion thereof, exempt all buildings
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LatestLaws.com

[I920 . T.N. Act V'

Power of 193. ( 1 ) 'f'i~ccouncil may give public notice of its


zouncil to intention to del;l;irc--
regulate f u ~ u ~ O
construction
of certail~ io)
iliac ill Llny s!rcct s 01. port ions o f streets
clsses or $eci licci i;i ~-iol>icc
buildings in ' ' f ~ ~ k

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.

(2) N o objectioris lo any such declaration shall


be . --ived after a period of three nlonths from the
publication of ~ c notice.
h
( 3 ) Tklc c o ~ ~ n c i1l consider all objecl ions
~.cccivcrlwi I l~in ih c said period an3 may then confirm
the decla~:ition,a1.d beforc doing so, may modify it I1

but not s o a: to extend its effect,


i

(4) The '(executive aut h o I,+ \ ) zhrll pub1i.l. any I

declaration su confirmed and i t <hall take effect from 4i


the date of publication.
( 5 ) No 1;el-scm shall, aficr the rlatc of publication
of . such d~cli:i.ati~n,collslruct o r reconstruct any ,
1 ,
. - ':: co:!:: sj.-::it'i 1: - +- :-I!:- je:]?rs!jon.
57;~:

' T m e wards %+eresubsri~itiedfixthe word "chaiman " by


section 17 (1) ofthe Madras Uist:ic t Municipalities (Ameodment)
Act, 1933 (Madras Act XV of 1933).
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(2) For any land .so acquired the municipal coun-


shall pay compensation.
(3) In determining such cornpensation allowance
1be made for any benefit accruing to the same
q k e s from the improvement of the j t rset s.

95. No external roof, veranda, panda1 or wall of


building shall be constructed or reconstructed of Prohibition

permission.

windows and
bars so as to
open outwards.
Buildings other than huts.
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(O) an application in writing for pernlission to


execute the work together with a. gro~mc'plan,ele- ti
5r
vatioc~sand scct i:)ns of the building, and a spccificatiofi ir
4'
of the ~vot'k. 1:
x[Bxp(ura:ioa.--' Building ' in this stib-section ,&
shall include a wall or fence of whatever height bound-
ing or abutting on any public street.]
(2) Every docament furnished under sub-sec-
t ion (1 ) sllall contain such particulars and be prepared .. 9
in such rnanncr :IS may be required under rules or
by-laws.
Wwesoit~Cer 198. The "lusccutive authority] shall not grant
prior approval permissiot~ to construct or reconstruct a building
of site.
unless and until he has approved of the site on an
ipplicatio~~made under section 197.
'3
Prohibition 199. The construction PS r e c ~ n s t r u c t i ~of
n a ;

against building si~allnot be begcilt unless and until the


mencement o f
work i ~ ~ y] has g:.anted permission for the
2 [ e ~ e ~ ~a tu thorii
permission. cxeclri ion of t Xsc work. I
S

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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of the provisions of this Act or any rules


s made under this Act.

refused are the following, namely :-


construct or

(2) that the applica~ion for such permission


not contain the particulars or is not prepared
e manner required under rules or by-laws
-- - ..
sc words were substituted for the word " chairman fl
ion 17 (1) of the Madras District Municipalities
) Act, 1933 (Madras Act XV of 1933).

,
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"76 . p i j 1920 :T.N. Act V 9


\ 8
(3) that any T L ' the documents referred to in sec- 1

?ion 197 have liot been sijned as rcquired under rules t

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.]

Whenever the ' (executive authority] or the council


refuses to approve a building-site for a building or to
grant yzrniission to construct or reconstruct s building,
tbe reasop for such refusal shall be specificall] stated
in the order or. resolution. 8 .

5
t
Lapsc of r04. If the construction or reconstruction o f any t

permission. building is not ccn~pletedwithin the period sp~cified,


the permission ~ I l ~ t llapse
l arlti a fresh npplicatioxl
shall be mad? Ixforc: the warlc is co~~tinucd.

Power of 205. (1) If the liexecctive authority] finds thatthe


exsutive work-
!

authority
to require
alteration than in accordailce with the
(a) is otherwise
of work. plans or specificatior~swhich have been approved,

(b) contrzvenes any of the pruvisions of this


Act or any by-taw, rule, order or declaration made
&cunder,
- ---- -

'Thew word w m substituted for the word " chairman *' by


s t i o n 17 (1) of the Madras District Municipalities (Amend-
ment) Act, 1933 ( ~4adrasAct XV of 1933).
8% worgs " Ci-own or municipal land " were substitutsd for
the words " Govt:rnment or municipal land " by the Adaptation
Order of 1937 arid the word "Government " was oubgtituM for
" '' it2 X.2:a;ti>l *A: of !351).

I
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LatestLaws.com

.Act V] DCtrick Municipnliti~.r

(i) to make such alteratiom as n l ~ y be


fied in the said notice with the object of bringing
ork into conformity with the said plans or

(3) If the owner shows cause as aforesaid, the


[executive authority] shall by an order cancel the I

'notice issued under sub-section (I), or confirm the same


s~bjectto such modifications as he may think fit.

( b ) a site-plan of the land.


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LatestLaws.com

riod with- in fb~ttrti,endays after the receipt of ally


which unclcr section 208 for permission .
.ecutive
tthori ty
to grant
* refus? under rules
?
lo construct r reconstruct a hut or of ally information
oi plan or fu ther infarmat ion fir fresh plan required
by-laws, the [executive authority]
grant shall by wri order either grallt such permission
:rmission
executet or refuse on or nlorc of the grounds mentioned
e work.

sference 211. (1)


2
in section 2 1 to grant il.

within, the period prescribed by section


council 210, the '[exI#cutive authority] has neither granted nor
executivr:
ithxily refusell to pe:.misrion to construct or recon-
:lays struct a shall be bound, on the written
jlssina to determine by written
rders.
should be granted or
not.
4
withln thirty days z"
requcst, determine
be granted or not,
hove b ~ cgranted
~l ; C

execute the work ,


of the provisions
of this Act or my rules or by-laws made under this
Act. I

3rouqds on which permission to


vlrich per- may be refused are the f
nission to d
:onstruct
)r recon-
druct hut or use of the site for the work
f
Z

~ u be
y
-cfuse.i. specified provision of any
isule, by -law or declara-
i
ariy I ~ ;w E
for permission does not b

or is not prepared in the manner


or by-laws ;

were substituted for the word " chsirsnan " by


Madras District Munlcipalitier (Amondmcnt)
Act XV of 1933).
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LatestLaws.com

by section 175; or
5) that the proposed building would be an :
49
4

henever the '[executive authority] or the council


to grant permission to construct or recon-
a hut the seasons for such refusal shall be
ifically slated in the order or resolution.
.
If the coi~structionor reconstruction of any Lapse of
s not completed within the period specified the m i s s i o n .
ission shall lapse and a fresh application shall
e made before the work is continued:
External walls, altemfio~tsand crdditions.
214. The owner or occ~lpicr of any buildingMainten-
adjoining a public street shall lreep t he external part ance of
thereof in proper repair with limc-plaster or other wall8 in
material io the satisfaction of the '[executive authori- repair.
tyl*
215. (1) The provisions of this chapter and of an, of *pplicatieq
provi-
rules or by-laws made under this Act relating rb con- sions to
struetion and reconstruction of btlildings shall also alterations 1
be applicable to any alteration t h weof or addition and addi-
tions.
thereto :
rovided that works of necessary repair which
t affect the position or dimension of a building
~
room thereill shall qot be deemed an alteration
ition for the purposes of this section.
(2) If any question arises as to whether any addi-
tion or alteration is a necessary repair not aflccting I
the tiositioiz or dimensions of a building or room
allch'ouestion shall be referred to the coGncil whose
-----
I decisi6n shall be final.
I . - ----
i These words. were substit~ltedfor the word "ch;iirm?n"
w ection 17 of the M:~dras District Municiprlities
mnt) Act, 1933 (Madr;:s Act XV of 1933).
Crown or municipal land " were sut~tituted.far thc:
Government or municipal land " by the Adaptation Ordat
- - word " Govtrnmnt'' Was substituted for " Crown '"
and the
daptation Order of 1950.
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LatestLaws.com

Pon7cr.y o: 1Ae l [ e x ~ e u t i v cauthority].


b

Demolition Z 6 . (1) if the '[executive authority] is satisfied


or altera-
tion of (i) thst the coi~structionor reconstruction of
building any building or wcll- - .
work un-
Iawfull~ (a) h a s been ccmmenccd without obtaining
commenccxlt
carried on the permission of the l[executive authority] or (where
or wnl- an appeal or reference has been made to the council)
pleted.
in contruventioll of any order passed by the council,
or
(b) is behg carried on, or has been comple-
ted otherwise than in accordance with the plans or
particulars on which such permission or order was
based, or
(c) is being carried on, or has been completed
in breach of any of the provisions of this Act or of
any rule or by-law made under this Act or of any
direction or requisition lawfully given or made under
this Act or suvh rules or bj~laws,or
(ii) thb11 any alterations required by any notice
issued under section 205 have not been duly made,
or
(iii) that any alteration o
building or any other work mad
purpose, in , to or upon any btiilding, h
menced or is being carried on or has be
ir: b, ,.,.-. mL. .- .= . -- - -- -71:
-3r
- ;a- T i -
b
7-

-". . -.. --
-..
b\\ *

,
\. **

, ' \ -. .> -- .
.- " .\ % * . \. .
*
+. - ... -.
- .* ". 11-

hah W C i l L L : ~ i a b bi ,{ i ) .'.x<<tLIL*Li +Lq ;~iadzj


~iorls ; S I the
authorit,] he I:i.d<sSdi.> ro h;;:;~ I':;< \\-or
formity bit 11 t l ; ~, k t . by-laj+/s,;I! it.s, dire
quisiti0~3s ofo$-ssaid,o r uiii~th- plans and parti-
culars C ? l which .>cichpermisqion 01- (1, der was basedl
--- . -
- -. -- - ---
' These word< wGi*v\rO.~titut.-?
--I----

i I?(. u;~rJ " c]lairman+* by


stction 17 ( 1 ) of 1 he Mii~
1:-;ls Mstr~ci - i s (Amendmen
- Act, 1933 (Madras Act X'J of 1933).
I
tf
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-

ng with the building or well, =

not be confirmed.

Exern4 tioVA.

tions.

from, the nearest adjacent building.

---- -----
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LatestLaws.com

1 , . s ~ r ; r c ~ ~ ~rree.y ~ . ~ places.
i ~ ~ cand ,

Pmaraiirsuns 218. (1 1l. r: ;;j7s?lAuctal.c;rppcars to the l[executivc


in case csf authority] o i ~ ein a riiiilous state and dangerous
dangerous to the p:i~st" :..,- ;jy or 1o t Ilc occupiers of ileighbouring
structures.
st ructui-er; I i ~ i : [cxecillil;i' ~iiitl~ority] may by notice
reqiiii e 1:c ,\ i ~ or x P C Z I I ~ ! C ~to fence off, take down,
;

secure Oi. iai.p;ilr such stibuctureso as to prevent any


danger t hed~-orn.
(2) [f irmi-iediate action is necessary the '[exe-
cutive autho~ity]shall hiinself before giving such
notice or before the period of such notice expires,
fence off. take down, secure or repair such structure or
fence off'' n pa..[ o f any street or take such temporary
irlesstires a s he thinks fit to prevent danger
and the c c ) ~of~ doing so shall be recoverable from
the ownei 01. occupier in the manner provided in
wtioxr ,744.
(3) If ilr ihc '[opini,)n of the executive authority]
tiib ;aid si ructure is imminently dangerous to the
inmates thereof, the executive authority] shall
order the immediate evacuation thereof and any
person di(,ob~yingm;iy be removed by any police
afiicer

~ 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
- - -...- ---
* - z
i . -
-2-..
.---a ,

: *" . .- . --:. .
.
-.- ..
"-
1-
4
> 1
, (
':
'
2
-
* - .

\!.ij++3.
- 1
'
. -
- ,.. -- -
. . -. t

.,= :-.-:-:,
=.r, ,.. :.,.:
2. *-:.-:*-:*XI--
;i
by
? f A~i-&n~(srst)

, *
.
*
- . ..& -- +%
.*
wP-*
c
,
4
iLi l*
" - I",
, 2 : t *-
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LatestLaws.com

) If immediate action is necessarv the ~ P ? Y P ~ I ~ ; V ~

- - ----
$:or before the period of such no&: expires, secnr-,
Y

$-lop or cut down the said tree or removc t h e F111it


r temporary measurs as he thinks h. to przicnt
&a. and the cost of SO doin.- shall he r ~ m - . - - r . l b ~ ~

220. (1) If any tank, pond, well, hole, streanl, Precaution2


bdam, bank or other place appears to the '[executive inangerous
case of
?&utb,or'ity]to be for want of sufficient repair, protec- tanks, well!
:#tion or enclosure dangerous to the passertiby or to holes, etc.
Ziving in the neighbourhood, the '[executive
!$authority} may by notice require the owncr to iill
{;h remove, repair, protect or enclase the szme as to

(3If immediate action is necessary he shall be-


'+ fore g~vmgsuch notice or before the period of notice
expires, ilimsclf take such temporary nlcasures as
+
T$ '

he thinks fit to prevent danger and the cost of doing


so shall be recoverzblble from the owner in the manner
4
-%
provided in section 344.
3

Lf in the opinion of the '[executive b ~ t b o r i tstop


y l dangeroh>
p oto~ ~ ~
orkiag of any quarry or the removal of stone, ,ua,vinr.
i+eirrth
---- or oiher material from place is dar
:: to persons residing m or ilavlng &gal access to the
,. -

?,.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

or to &continue removil~gstone, earth or other mate-


Jial,from such place or to take such order with such ~,,j$
rFz
irv or dace as he shall deem necessarv for t11-c +; ,I
.-. 8

er or of abating the nui-


o arise therefrom.
-- i4
_1_1_..-_----- .
were substituted for the word c c cl~airnian" by:
the Madras District Municiyaliiics f ~ r n e n d ~ ~ l l t ) "
ras Act XV of 1933). Q
Ytl:
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: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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ny such work is begun or completed


permission, tlie '[executive authority]

by notice require the owner or other per-


,done such work to fill up or demolish
n such manner as the l[executive autho-'
grand permission to retain such Work, hub
ission shall not exempt such ow:ler from
gs for contravening the provision: of sub-

,,any collection of water, or


become a breeding-pkrca of'
c t a nuisance. the
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objecrions i ( j s~lchreqL!isitici?,ihe l[exemiivc autho-


rity] shall rcpor: s~1cl.1 obj,jec+ions to the council,
and shall m&.- i * i ~ s f : hi~~tll-jiry
~r in? i) 1 h~ C i i S e , and Ce
silall no.; itl.;tittrre any prosuc~ttiuii Sor faihre t o
comply \p+i i h. such rrecluicii i o ; ~ cscapt wir;h the
kjppro\.:rl o c -ilie coulwi I , 1111t d i e ' ['cxecu: i v; 211: ho-
rity] lnay no\,-ertheless,i!' i:e i!cbms {he execution 01'
ci:c work c:iliect fur by siicll r~quisi: i o i ~:o be of
l!i7g,;nt jn,.port:, i~cc, ; ; I in accord:~ncewith
SL 339 aqtl, !ilo cow~cil's c!i.spcsal of
i ire cluestion \t*hL.,her-the said well shall b,: pcrman
cjlf \y filiCd q, c o v r r d u-IGI-, or ofherwise dealt wi*h,
rray cause S U C *\VCII ~ to bc I ~:CL%:~!Ycotrered o17er SO
us to pr,:\;i;~t :] ~ " i ~ g l e ~ : 4.~; i' ~:;fva!l!itoes, 311d in every
such m%,i.1 1 ~ 2xcci~-t i 1 : L Ii ~oi-iiij
~~ si:i~!l~ i e t ~ r i n i ~ ~ c
i i p iI o ' i i : ~ coL L L I C ~ J :\'I-~et:ther the
expenses o!' ally \9jjvrl;al i-c;liy iioae as ::Tureuaid shall
be paid by r;llcll owner ur by tlic '[t.secutivu autho-
rity] ouil o r 4 he m~!nicipnl luild or sh:?ll be shared,
aitd, il' so, in what propfir! i t ins.

Regulation or 225. The co ctncii on :;:perf c;f' the 'LDirector


prohibition of of Public Henith], thc I-Ie::!tl~ Officer or the Local ,

cultivation. of Medical Officer that t ! ~ c cil!ti valio! of any descrip-


ccrtainkinds
tion of crop. o r the use of' a ~ - kyi l ~ dof manure, or
the irsiga.~iioio f lanci in any placc within the limits
o f the I-l~unicipalityis ii~juriousto the public health
may. with the previous sanctio;~of the Y'Statc Govern-
.-
mc;~tlb r pgb!ic noticc i.cculate or prohibit the cultiva-
tion, us2 9(. manure, or irrigation so rel3orted to be
injurious :
Provic!ixJ ~h:it whe~: :;tic!, cu1t;:iaiion or irrigation
1 c : - dI 1 c f vc yc:;rs preceding
t h e 2,-!re c j f ~L!c~:1 p:hlic' i i t SUC!I c01:i'il:uify
as L C oc;!i.:ni-y cai:i .;c ;f :i:~sb.:!~d!.~. 3dmitc. of,
-- .--. .--------------.-- -- - -------.--- - ------ --..- -
I *Tl~:sc viurds were siittssi,uccd Sot. tht: N ~ O T L- *~ chair111a11" by
s\~ction17 ( 1 ) o f tlze Matlras D! ;tr;cr X4 ~i~icipalities (Amendment)
/tct, 19.13 I%trrdraqAct XV o f 193.1),
2 TIICSC :.v,~r'dsT c ySUb~til~i;t:d
~ ~ ~ r0; thi' :\ 111 d' " S;i~itaryCommis
siotzer '"bj. s?c~jrtz103 o f i !I(- T::rnil i\:':):lu i'istric:! Municipalities
~ ~ ~ I I ~ I ~ A(,:$~ I IPI.;O ~ I .cr:,~~>ij
. - I ~ -%~
: +*~ x
h , ~ t 1): i r ~ . ? o ~ .
.! f h,: \\.o: '1, ,.
,\:c,i*d\ ' * L,ot;,i,l c;cr\:cmrncrzi
.
-
(7, b1 t.,13; ..11b\1itittedrot- rhr:
> I - , * * * I*;c~-,~

b!. :I;c :Ici;tli:ar,oit Clrder of 1937


-, lyjc i l C
:,\ <)!-. fG :';;iI c tvns \~lb..ri:t!!, c! k?r T'!-c)\ljncjal" by the
q9

Xcjaptrrtirn~Cli*di:r or 195C'.
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. ..

.. .

Act VJ Districr ,4ft/ntmic@nCties :-.


-=7 ,
flsati~nsllall he paid from the m!,*l,!jdpg,lfllrid
persons interes ted fi-ri- any cja;l~;~ c:ulsccl tu
:<vca
.?

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-

(b) close cr 311 LIP such place rr ellclose it


a substantial 1va.11 or fknce.

n l j condition :jll wells, ta.n.ks and reservoirs which


ot private ~ r o p e r t v ,and may fill them up or
them when it appears necessary to do so.

of tho Madras Disvict


dras Act XVII of 8929).
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4
i;
9'
758 District Munico~~~lities [I920 :T.N. Act V i;
229. (1) .Tile couocji may construct or provide
a d majnt;\i pub]jc ~y:.i>h-houses or piiiccs for th,:
w ~ , s ~. n t~lotl~cs,awl 1ll;r.y requirc the payment
i$
- I I I ' 1 I
, \ I \ C (-4;~11ysuch wash-
]IUIIL! 01.] > l ; l i:IS
~ it I11R) ~ C ~ C I - I I I ~ I I C .

(2) ~ l ; i . council may f i ~ ~ ~out


r n the collectio~~
of sucl~rcnl.: rtnd fees Tor an,, period not exceeding
th1-e~ycai s ilk a time o i l sucll tcsms and contiitions
as it nky;hink fit.

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.

Prollibition 130. ( 1 ) 'I-IIccoLllusi1 111;1j7 by public t~oticc prohibit


srgrtinst t ~ l clv:Lsilirrg of clotl~esby w n s h e r m o ~jn 1l1c exercise
washing by
washermen at o f ?heir c:illil,g, either within the nlunicipality or
unauthorized o~itsidet l ~ c~izunicipality with i17 t hrce miles of the
p laces. boundary I;hsl-eor, kxcept at-
(nj i ~ i b l i cwas?;-houses (1; places maintained
or providcd under s.tctjo~~
233,OI*
( h ) s ~ l c hother places as it illajr appoint for
the purpnsc.

(2) When any such prohibition has been made


no persoil who is by callinp a washerman shall, in
contraverition of such prohibition, wash dothes,
except for himself or for personal and family servicc
or for hire on and within the ?remises of the hirer,
at atly p13cz ~ l t h i nor without municipal limits other
tjlrrn a pnblic wash-house or n place maintained or
appoiate< .:uncle: this Act :

Vro\?~dedthat chis section shall apply only to


clothes uashcd wit hi:^ or i n be brought within fhf
C ' ,r
,'n, *a-
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11 not -be lawful for any person to- Prohibition


against
e in or in ailv manner defile the wat.cr defiling . -

Jg pUSpUsCs ;or public or


private.
(b) deposit any offensive or deleterio~~s matter
the dry bed of any place set apart as aforesaid for
inking purposes ; or
(e) wash d o t h a in any place set .?part as nforec~id
d&king o: fizr kirp : ..?r
d) wash any animal or any cooking utensil 01-
skins or other foul or off~nsivcsubstance or

cause or suffer to drain into or upon any


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760 * i rl92O : T. N. Act V


,r otfGi!ii~t* 4 tht: I lcig! 11tg u who trd, to clt..a?*.cleaiisr
f

i i)SOlIC'. slatc or to clear


0 1 . otlicrwiii: ~ : i i [thc l a ~ l t in
' aw;ly and rctllova such vcgetatiu~~, Lrecs or under-
,B~QV& within twenty-four hours or such bnger
Fcriod a11d in such manner as may be specified in the
notice,

I-rtrcitrg or 234. Tltc '[executive authority] may hy notice


buildings 01 require the owner or occupier of ally buildillg or Ian?
l amds and near a pc hl ic street to-
pruning of
hedges anc.1
trees; (a) li.nzc ;hesame to thc sntishction of the
l[executivo authority] ;or
(b) trim or prune ally hedges bordering on the
said street so that they nray not exceed such height
from the level of the adjoining roadway as the l[exem-
tive authority] may deterlni~inc; or
(c) cut and trim any hedrges or trees overhang-
ing the said street and obstructing it or the view of
traffic or causing it damage ; o r
(d) l o ~ ~ an~ e renclosing wall or fence which by
reason of its height and situation obstructs the view
of traffic sc. :tc to cause tl:tnger.

Corl!~i;lover ftw?it(ir*v buildizgs.

Lime washing 235. The J[erecutive. authority] if it appears to


and cleansing him nccrss:tI+v f d S.+. , ;;IITr'XCF
+. , . SO to do, may
of
by notice req~iiraethe owner or occupier of any building
to lime\\ ts!i oi- otherwjsc cimnse tho building inside
and outsid(: in the rnalu?c~:;l:d within a period to
be speciiiec; i 11 !he ?[i?otice].
------ - ---- -- -- .----- -
1 II;:;z iv.\,-.!4 \if21.c subslitured For the \vc;rd (c c]lairman 9 ' by
section 1 7 ( I ) o i' I l ~ cMadrns [)is1 r i c t kfnnicipalitics (Amendment)
,jc;, IQ:? ('Llatl~.;~.; .4ct XV o f 193.3).
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the neighbourhood, or is, for any reason,


'

endanger the public health oi- safety, or

e such works or to bge such messures as


deem necessary for the prevention o f such

(2) No person shall be entitled to coinpensat ion


damages sustained by reason of ar,y action taken
er or in pursuance of this section 'save when a
uilding i s deinolished in pursuance of an order made
ereunder, or so far demolished as to require rp-

(3) When any . building is entirely d ernolisl~ed


nder .this scctiorz and the dcrnslition therco f adds
the '.value of other buildings in thc iirm~diiite
in.i(y, the ow~~crs of such other buildings shall
bound lo contribute towards the compensation
1~ to tlla owner of the first-named building
rapOrtiol~ to tile il~creascd vdue acquired hv
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,,
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',

237. ( 1 ) iE ;i.ny buildi~lg01. poiStianthereof intended


fi,r or used RS a dwelling-place apaears to the '[execu-
tive authority] to be unfit for human habitation,
hc may apply t o the council to prohibit further use of
such sll-ucturc for such. iwrposc ; and the council
ma!'. nf'tclv givi11,g the o w n r r :inti occupiers of the
aity of showing cause
r.f ri!ctul-c :I reasonable op;.)(-)i.rtc
lL2 ' , + silc1.i ortlcr sl~ouid:lot ire inndc, makc a proni-
hiitti-L c)vtl(:: nfol.c:.:rict.

( 2 ) M'11c:i a n y silcl~psohil~ito~y order has been


macic, I hc '1 isocutivc ;ul~horil y 'j slrall comtnunicate
I of' the
I l !oreof to the o w n s :tncf occt~pi@rs
srl-uctu~c ,i!ld on expiry of such period as is speci-
fid ill ih,: ixrticc, not i~cingless [hall thirty days
:!fur tlre t:rr\,ice of the i~oticc.no owner. or occupier
of such stt'tlctrrre shall list (.>r s u h r it to be uscd for
lluman lu.hi tat ion unt il the '[executive authority]
certifies in \witing that the crjuses rendering it unfit
for h u ~ m nhabitation have been removed to his
s;~tisf;tction,or the couc~cilwill-draws the prohibition.

(3) When such prohibitory order has ~einajned


in operatioil for rhrec months the '[executive autho-
rity] sh: 11 report the case to !he council, which s
t hereup sn consider u ]?ether the stl.uiture sho111
not be demolished. The council shall gi
not less th:an thirty days' notice of the time and
at which the qucstion will be considered and the
shall be entitled to be heard when tho question
taken into considerati~n-

1 These wof'ds were substituted for the word "chair


section 17 (1) of tile Madras District 3{ul1i~ip~Jities
( 1:uend
Act, 1933 (Mndrns Aot S V of 1933).

r
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- ... -* ,.. ,

Djh~i.-;
i\gimic@aip ti~;
-w
: I.
--
&+

upon such consideration the council ,.


11 tlmt lfio st1 uctui o 1ia.s no1 becn sci~dcrcd
1 'fir hurniiu hibitation rind that steps arc not
>*-
3$
?being taken with due diligmcc to rendcr ifl s o fit
I( $2
k*ordangerous or injurious to the health of the public ?%
.-, %

'",> -
bof -
the decision, and the l[executive authority] 5%
:I& t

hfiha~in pursuance of the said decision by notice !T' #


?:keauire;the owner to derrtoljsh the structure. ? !%"

B:with 'thr works rlecessary to render the structu~.~


fitfor human hitbitation and t hc '[cxccu tivc :iuthnnil y / '*:?
< b t U

'* .$.
bnsiders that it can Gc so made fit, the [executive ' .A*
?wh%5
: 0

authority] may postpone the execution of tho clecision y$


:! p
of the wuncii for such time not exceeding six months .,;L~I
as. he thinks sufficient for the purpose of giving
'the owner an opportunity of executing the nccessnry * .&

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'

as a dwelling-place, or any rooin I such dwelling-


L
A
$$
!

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.

--- ---- -

=ed for the burposes of sub-section (1) to


iar~rfor each occupant of a building c
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764 Dislrict il.fzi,~;t.'pcil;iics [1420: T.N. Act V

(3) I!' any building or room referrcd to 1 sub-


scctioll :1 ) 11:ls becll suMc(, tllc Luldlard or the
lodgcrs. Icllants, or otllcr actual iillnates of the same,
slclll. for the purposes o f this section, be deemed
{,.I (,c the owner of the building or room.

(4) ! g i ~ a l l be ii~c\:lnbent o n cve1.y tenant,


iodgcr cr trfllcr iill11:1! c oi' :I, building or room to
v;~aL(ct111 I ? ~ i i ~s~'cjtlii-cCI
g by the owner so to c.k9
ir. pursuant.: of any i-cqi!i 2ion made under sub-
scctiorx ( I).

l~rol~ibiiioi~ 239. i.io person, sh:~!l i'ccd or pcrmi t any animal,


against
feeding whicl; j . 2 Itcpt for dairy ptl~.possor may be used for
certain
animals fooii, to 1 3 ~fed filth.
on filth.

Prohibition 240. ?!o person shall keep any animal on his


against
kecpil-tg or so as to be
j?ren~isos50 ;tq t o bc :t ~l~iis;,(.tncc
anitnaI so
as to be a cl;ll1geso~~s.
nuisance or
datlgcrous.

Power to 241. (1) The council may, and, if so directed


dcst roy by the district magist rate, sh:ill, give public notice
stray pigs
and dogs. 1hat unl icznsed pigs or ciozs stray in& within specifid
limits will be destroyctl.

(2) Whcn such n o t ice has been given any person


mciy d e ~ t r o y , in any manner not illconsistent with
lhe tern!. of ;he notice. any unlicel~sedpig or dog
(as the C : ~ K may bc) :h~cnrl htraying within s ud
limits,
f
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120: T.N.Act V j District M t i ~ i c i ~ ait ci l ~ 765


.L

2. (1) When the ' [exec:,tive


authority] 'takes power ol.
eof or cuts clown executive
art tl~ciec f or rcw oves authority
to use or sell
under this chapter, materials of
sell the materials clangerous
structure
or removed, and taken doum,
~pplythe proceeds in or tcwards payment of the etc., and
.~ u n e n c ~incurred,
2 c procedure
when there
is no owner
: , (2) If after reasonable inquiry it appears to or occupier.
I l[executive authority] that there is no owner
occupier to whom notice can be given u~lder
section in this chapter Itc may hil~~selrttlke.
order with the piupcrty mentioned in such
n as may appear to him to be necessary and
over the expense incurred by the s d e of
perty (not being laitd) or of any portion

243. NO pel-son sh;~llbc e~ltillcdsave as pt ovidcd Lililitotion


in scctioi1s 224, 225 and 236 to cuinpcnsation for of compen4a -
,ion, i
i
ny damages snstained by reason of any actior~
a k a ~by the lllunicipal authorjties in l,u~.suanc~
;
1
of their powers under this chapter.
I

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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766 Uist i ici hfunicipalitics [1920: T.N. Act t ys

such rule.. bjr-1a-h.v or regulation in respect of any


place in the o~cupationor under the control of the
Central or the (State) Goveriunent or of a market
conunittee established under the Madras Com- M
uxxcial Crops Markets Act, 1933*, or in respect of ;my
"[Qovernmcnt !property or of any property belonging
t: 1933,

to such m:ir.kel comittec.1

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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ct V] Dirt ~ i c tM~rrt!cipalitics 767

(3) No person shall without or otherwise tlxi11


onformity with a licence use any place f:or such

46. (1) All stablcs, -atti- s l ~ ~ : J rand cco~~~-llouscs


A- Ocllcral I
11 be under the ssuvg and control of thc ' [exc- con,,,j7OW&i-S 01'
ov,L
lve authority1 as regards their site, construction, stables,
aterials and dimeilsio-1s. cattle-sheds
and cow- . l
ilouses.
(2) The [executive authorityj may by i~otice
require that any stlabla, cattle-shed or cow-11ousc
B;.be* altered, paved, dr ailled, repaired, clisinfcctod "*
or kept in such a state as to admit of its being
rsufficiently cleaned or be supplied with water, or be
'connectedwith a sewer, or be demolished.

:cattle-shed or cow-IGuse belongs, or for the use


:of the occupants of w h i d ~the same was coostructed

(4) The expense of executing any work in


,pursuance of any such notice shall be borne by t11e
owlter.

47. If any stable, cattle-shed or cow-house is .not Power


. A to
rl;,.C.etA;.z!-
r .. constructed or maintained in tllc manner required U a l r r b WID-
ly Ti. 4

eq+by or under this Act, the l[execntil ve authority]


lger
may of usc of
be buildings as
',$K'$::by notice direct that the same shall no lor ,+-Ll,
DWUIG,
Y >ttr used as a stable, cattle-shed or COW-house. Every c,tle-sha
if; $!
i x r such notice shall state the grounds on which it pro- or COW-
teeds.
i- '(
* housc.
"4:;

[248. * * * :$
1
___..-___

- .1'0f. tile ~ixti ''i~?:ii~ni:ln"


1 These words were s~ll~stitl~teti
section 17 (1) of the Madrts District hlunicipirlttii-s (Ariilt~iil
.
a

merit) Act, 1933 (Mndms Act XV of 1933).


on 104 of the T'ail~iI NU;U
~ i l ?iaiu
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,' .. -4 i l ' . .
8
% &
, - r..,:L*/t-+t*s*
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-

(n) illnil ditj'b from Iilz date of publica-


I io 11, 3nc.f
Lt\c+.,tl,iwj! il 1ilr: przirious sc~ncti o i ~ of the
alS;u.(-eGc\fer!llnellt.-lin any area ouitside the muilici-
pal limits.]
( 2 ) T1l.c owner or occupier of every such place
\\la\/ wic.liihl!hirt~days of t l l ~ e p ~ b l i ~ 1 .of i o nsuch
lIc), ;.icaiio?l:!pply to -[IIL* "[exrcut ivc authority] f3r
3 I;rl. ~ CSCU C ~ijurpose.
jlc LISC 01' : ; L I C ~ ~ ~for

TIlest: \+o:.9siqi2l.esubsti l u i ed for the words "chairlnan's licencew


byscclion 17131 of the bfadl-iis District Municipalities (Amend.
. ~ . : i z t ) Act, i933 frMadsczs Act XV ot' 1933).
3 T'ilis pi.o\,iso was substitutcttf for the original pt.oviso by section
I .J., olr rh~:'l'a i n i l Nitclu District Mi~l~icipalit ies (Amendment) Act,
1930 (Tamil Niidu Act X of 1930).
Under section 192 (b) (i) (b) of the Tamil Nadu Panchayatr
,%~t,1958 (l'anlii Nadu Act XXXV of 1938) for this proviso,
tht: following proviso shall be deemed to have been substftutd
in respect of a panchayat development block, namely :-
"Provided that no suclr notification shall take effect until sixty
days from the date of pubIication".
4 Ths u orJr ' 'Provincial Gavernmznt" were substituted for t k
words **Lw l Gswnnzent" by i k Ad3pt~tioo Order of 1937,
n l l j the 1, ~ r r l"S;2te7' W ~ s~b>riii.r?..i
S for ''Pro) incial" by the
i \ i l r i ~ l t L i r i r 3 I 9 r J t r of 1930.
3 fliesc wo:.ds were subsri~uledfor the word L 6 dhajrwa "
section 17 (1) of the hladms Disrrict X f ul?i~;palities(Amcadmenc)
Act, 193.3 (Madras Act XV of 1933).
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3[(6) Where a li,cenoe is granted or rellewcd u~ldcr


this seatioli for the xi se of any plane o~?.t~aide ~:hc
ninipal lilni'n, 1 illunioi.l)al u 1 I pay i-o
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470 District Municipoli ties [I920 :T.N. A c t V 1


250. (1) Evt:n/ person jniending
J Application
to bc made
(a) t u conr,tr.ucl or eslabiish any factory, tion, forconstsuc-
csta-
workshop or worlc-place in which it is proposcd to blis,,ment or
employ steam-pov~er,water-po w e :u r other mechani- inst:.ilaiion
cal power or electrical power, or of ftli:tory,
workshop or
(b) to jrlstall in any yrenlises any ru;<chinerywork-place
or rnanuf;lcturii-i.g plad tlrivcn by steam, water or stcarti in or
other power : ) s ;lli?r:s:tld, 2[not I m:tcbinery or o,ll,, ,OP
manufacturir~gplalii cxcmpted by r clicsl sl~all,before is t o bc
beginning such coil$i,r;.cti on, est:lbJi shmelit or j nstal-
lation, make a11 applicarjun jn wri iilg to the ~nunjci-
pa] council fo; permjsiijon to undei t iakc the intended
work.
(2) The app1ic;ition '[shsll sl:eciiy the m- xi-
mum number of woi kos pro-posed r~,)?c . . . . . . . . . ) ".
employed 6(on any cia.y> in the C..clci:?, workshop,
work- p l c o or prerni ses rind] sh il.il i?-.r lccompanicd
by-
(i) a plan F ihc hito.::, ( ' -vlark-place
;':-!~cj-,
or premises prep:lrcd i n such mall 11cr as may be
- a- -
r 3,
- ----- - -- - -- , ------- ..- " --- - -----"-Am-- - --
1. Under section 5-A f l ) uf the Tamil Nad~i Cinemas Regulation
Act, 1955 (Tamil Nadu + k t IfX of 1955), t h y provisions of the
Tamil Nadu I)if,tr~c:i Mu ~iir-,ipalities Act, 1920 ('l'amil Kadu Act
V of 1920) shill i trot ap;ylv to ally applimiioi~made under tf~at
S C tion
~ by ally p, i a c ~ l lj v j , o t;i:c:lds t 0 use ally site for Cc,llstructing
rt buiicli:~;: t h .r.:c!:l hp or
Cc)t. \?I{.:-4.hibitien of c i n c l ~ ~ a t o ~ r a pfiltns,
to co~is!ru' c . 0:. I :-:'c>.i,!! a n y buiiding fo; such cxhjhjtion,
Or f 0 I y 1 1 I p ~in\-l~~~to~{rai.)h
cxhlbitior~narc prt ~ ~ o s c1 (~!bt: ) given.
a ? hese words were ins( rict; by sectipt~ 17 (1) of (he Madras
District Municipalities (' bird Amendme,,:) I^. c t , 19.FZ (Madras
Act XXXVIIl of 1942), rs-ellacted p:rmancr;tig with specified
modifications by s c ~ t i o n3 o f , and the Schedule to, the Tamil Nadu
Re-enqctiw (No. 111) Act, 1948 (Tdrnil Nad11Act 1X of 1048).
8 This sub-sccticm was ' u b . > t i i ~ i k d ft,r the ciripinal sc13-sectinn
by section 106 (i) 0: tl.: 1 .iinil N a t ! ~ i i Mur>icjpajjljcs
(Arnendn-en?) A;!. i 5.i Cr 2:;;x a j u
,
4 5
?
.
- - -' .- --
- ..,.-:
. .
i

'I
5" -
-.---
-.. - - -.-
?.
- .. -
-.
"
1 <,r*:j,
e

,
.;
. - : ),is.*'.-, .
c t 1

' ? , f ~ <-s;2-A
".
* -
b

*
----
A : ; S i S J l f i .: :--: . - _- -- - .----- * ~ - - -- - . .
.-.?

-
- . I

. - &- *-- b- :-Z -:


- A

-
-- - L

-
. - - - 2 . -
A . . . L . L

%
-.,
- .
-.--;-:
\
* _ I .

. - -
- ' - = ,-
--- - - - . .
. ..-- - _ -
+--

_ - k
- - _-
- -- ---..
- _ --
- &: :*:

->,:
b. ;
-. - .
.-
*I

-. .- . - .
k
;--
"
:
k *.* * .-- . - --
"
-- - .- " * -8-
-.. . ? .
;,
,.i

:\ :,
%
-.-- i

' T"3-
%\:

.*
%
.-; ;

br f'bid.
Y0.c~ - L f b the Gt,ri, GOY l l
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- ----* "--I

l%fJ
: TJ''J. Act V] Districr . I ; l u ~ i c i p ~ l i t i 771
~~

prescribed by rules made in this behalf by the l[Skale


Government], and
(ij) such par(iculars as to the power, rnachi-
nsrY, plant or premises as the municipal council may
require by b y - 1 : ~ smade i n this behalf.]
(3) The municipal council shall, as so011 as may
be after the receipt o f the application,
(0)gra~l*!'he permission appljd for, either
absolutely or subject to such conditio is a8 it thinks
fit to impose, or
( b ) refuse permission, if it is of' opinion that
such construction, egtablishmi-nt or installation is
on of the d e a r i t ) .of the popula-
r 01 :*&-
* t&-J
.

'[(4) Before granting permission under sub-


section (31, thc municipal council---
;c than ninc worlrcrs a r e pro-
) c~nploycd5(onany day) in
, work place or premisesl obtain
i.c:teries A d . 1 9 1 1 "
spcctioI- of f 2 ci-ori cs appointed
11aving
there is more illan one w!ch inspector, of the
---'
inspentor designated by the '[Stcte Government] in
1 The words "Provincia 1 Government" were subst for the
I*

words '&Local Governmer,t" by the Adaptatioq Order of 1937and the


word 'State" was rubstituted for "Pro\lincial" by the Adaptation
Order of 1930.
s This sub-section was substituted for t bc original sub-section
by section 106 (ii) of theTamil Nadu District hlunicipalities (Amend-
ment) Act, 1930 (Tamil Nadu Act X of 1930).
8 Thcse words were inserted by section 17 (iii) of the Madras
District Municipalities (Third Amendment) Act, 1942 ( ~ a d r a s
Act XXXVIIJ of 1942), re-enacted perrna~rently with specified
by section 3 o P. and the Schcdulc to, the Tamil Nadu
&-enacting (No, 111) Act, 1948 (Tamil PT.:dlt k c t IX of 1945).
4 The word "simu!taneously" was omittt~dby tllc Schedule to
the Tamil Nadu Re-enacting (NO. 111) Act, 194s (Tamil f i d u Act

ds were substituted for the words ''at any time"

r s,, the n c t o d ~ c t 1948


, (Central Act LXlIX of 1948).

--I--
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472 ilits~rictM~il2i~s;liiliities [I920 : T.N. Act V

ii) i!le adequncy ol' 111~provision for ventila-


tion a i d iidit,
I i j itic s~lfiicit:ncy<)fthe l~rlghi and dimen-
S ~ ~ I cZ11'S t f IC I-C?O~IZS and docirs.
..
, I s i l l S I cxit'i 10 bc used
* ,*
in and
C i i S C t:i i i j ~ ,

iii.) arch 01 lie:. 111:itt~rg as may be prescribed


by !.~ilcsnlsdc by t l ~ c'[Stntc <: overnmem]; and
shall consult a m liave due regard to the
(12) '
opinion of {he n~ullicipal health officer where the
munidpal cc;u:~cilcm-qlloys suclz ail officer and of the
'[clistrict health officcl-]in other cases, as regards the
suitability of tlie site of the factory, workshop, work-
place or prcmses for the purpose specified in the
applic: tion J .
3[1:5 More than nine workers sllalinor be 4[ . .]
employed 5!011 any day] in any factory, workdhop,
work-place or premises, ul~lcssthe permission granted
in res~ectthereof under sub-section (3) authorizes
such employment, or unless fresh permission autl~oriz-
iilg such crnployment has been obtained from the
rnunicipsl councjl. Before granting such fresh

! 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'

officcr " h> scl=t;on 17 (iv) of the AIaclras District Municipalities


(Third Arnendnlcnt) Act, 1'J-fZ (Mariras Act XXXVIII of 1942),
re-enactetl pcunanently with specifird tnndifications by section 3 of,
a n d the Sihcilirle to, thc 'Tnrnii Nrdu Re-cnacting (No. 111) A
1948 (Tarn11Nadu Act TX of 1948).
$Sub-section:; (5) and ih) nd the Explanation were
sub;ii:uted for original sub-scctiot! (1) by section 17 (v), ibid.
4 The word -'simulc~ncc~usly " was omitted by the Schedule
:( !I>c Tat:iil T*Y'allu Re-cn:icting (No. 111) Act, 1948 (Tamil Nadir
,?cr 1): ( f 104?'l,
.iThew words vrere substitiitesi for the words '' 'at 3r13 t i g e "
P-*x
bt , il*i$e
*kJ .
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permissioil, .the council ahall obtain the approval of


the l i ~ s p c t o rof Factories refkrred to in clause (a)
uS sub-section (4) as regards the plan of t11~fzctory,
workshop, work place or premises, witll reference
tu the matters spec: tied in that clause.

(6) Tlie gralit of perinis ;io11lilldur this section-


I
in rce.~.d to the replacelflent of
( a ) shall,
machirlerj, tho levy ol tile conditions to be
T e l : ~ ,
1
observed alrd the like, 13,; s - h j j c ~ to
l such restrictions
and coi~trolas may be p:*escribed ; and
I
( b ) sliall not bi: d,:t:~ncd Lo dispe~lscwitil the
necussitySor compliance 7,vith llie provisions of
1
~ a a11d209, as the case
sectiui~:;197 and 199 or s e ~ l i o l 2U8
inay be.
5vplili1rrtion.- T l ~ cmorel " worker '* in subbsec-
tions (a), (4) a ~ l d( 5 ) si,nll,. in rulntiun to any factory,
Central workshop, worbplacc or premises, 11avc: the same
Act XXV meaning as in tllc Factories Act, 1934.l]
of 1934.
( 7 ) Save as otllcrw;se special1y provided in
L
this Act, if orders on an application for pertnission
under sub-section ( I ) are n.ot received by the applicant
within sixty days after the receipt of the application
by the executive authority, permissioil shall be deemed
to have been granted subject to the law, rules, by.
laws, regulations and all conditions ordinarily imposed.
(8) Nothi~gcontained in clause (a) of sub-section
(4) and sub-section (5) shall apply if the approval
to the factory, work-shop, work-place or premises
referred to therein, has alr ecdy bee11 obtained under
the provisions of any law relating to factories for
the time being in force.]

Step now the Factories Act, 1948 (Central Act LXIII of 1948).
1

2 Thesesub-sections were added by section 3 (i) of the Tamil


Mad* jLocal Authorities' Laws (Amendment) Act, 1974 (Tamil
Xadu Act 39 of 1974).
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i '/ '14 u!.crrictMunicipcllifier 11920 :T.N. Act V
t Coundl may or work-place
251. (1) if. in any 'fast : i i y. \VOL.~SIIOP
1
issue directions in which stia m-powcr, w:~; L r-psv\lcr or other mechani-
for abatement
of nuisance cal powzr or3 olctricill power i i used, nuisance is in
caused by the opin ioi: of the municip:ll council caused by reason
power.Or other of the pal t Icular kind of fitLl .:lnploycd or by reason 4

~f tllc ist: i 1 . c t l ; ~inuiticipal council


may issuc :.~JL%. dirdctioils a s it tilinks fit for the abate-
ment of tlzz t~uisancew i t ~ l i n;i rcasot~abletime to
bc spec fit,d for the purpose.
(2) Tf :!lei-e 113s bcc!~wilful dcfault in carrying
out such di:-ections or il' ;tba!emcllr is found imprac-
ticable t llc- nlil~licipalc o ;Incil mav
( a ) l:r.d*ibit t h e li\r tjL' the particular kind of
fuel employed, or
(b) ~t:st:.ict the noiw or vibration by prohibit-
ing the working of the i'nctory, workshop or work-
place betwt crx the hours or 9-33 p.m. and 5-30a.m.
Power of the 252. The '[State Govei!~ment] may, either generally
State 01- in any particular cast, make such order or give
Government
to pass orders such direction? as "they may deem fit] in respect of
o r give
directions to
municipal
ally action iak-eri %[[or omitted to be taken] d[ , .3 .
under ~ e c t i q n250 or section 251.
councils.
The executive . ( 1 ) ' I 5jcxecutiv~aiithoi+ily] or any persc:l
j t ~ i i t j i ~ , ! - i ~I; c di;im in this i)tli:!!f ?nay eotrr any factory,
cn ter ally
factory, work- wos k $ h o j ~o;. ;!ork~placc-
hop or work-
p~ac-. ( : I ) :ii time bei?v;en sunrise and sunset ;
: ' I : : ~

- -------- - - - - - - - - - --- --" ---------- -


' 'The ivni-r':,q(t3rovincidl Govct,nn~c.nt" were stibstitutled
for the
M / o I ' ~"
~ h.ocil1 Goscrnment " bj the Adaptation Order of 1937
and the word " 5Sl:iLc ' was substituted fhr a Provincial " by
the Adaptatior, (2i-aci-of 1960.
"I?c.;e words rycre subsfitl~ted for the words '< he may
dee11-r fit " hr tht: :,{.:hed~tletothi. Tamil Nndu District Municipalities
(Amendment) P L ~ t1930 t (Tamil Nadu Act X of 1930).
3 These words vxre inscrted 'ry section 107 (i), ibid.
i

4 The words by the lnuaicipal council'' wcr:: omitted by section


107 (ii), ibid.
6 These words were substituted for the word " chairman '"y
scction 17 (1) sf the Madras District Muntcipaiities (Amend
n-:3~7t! Pct, 19H f \i,?dras Act XV of 1933).
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(It) at any time when any industry is being


carried on ;and
(e) at any time by d ~ or
y by night, if he .
reason to believe that any ogence is being committed
under sectinn 250 c ~ rsectiw 251.
C

'7
-r , ,
-.-.-- ...*
+;*"# **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.

254. (1) Thc municipal C O U I ~ C shall


~~ provide n t.lovrsion
sufficientnumber of places for use as municipai ~ l n ~ ~ gmunicipal
li-
slaughter.
ter-houses and may charge rents aod fees For their hO,,,,
use '[at such rates as it may think fit.]
The council may-
(a) place the collection of S L I C ~rents a i ~ dfees
under the rnanagcrnent of such persons as may appi:ar
to it proper ; or
( b ) farm out such collection for any pzriod
not exceeding three years at a time and on s ucli tc;-fllc,
and condi:ions as it may think fit.]
(3) Municipal s!aughtei4-houses may be cit?,atcd
within, or with the sanction of the '[State Go~ernn-le~tl,
without the municipality.

1 These words were added by section 3 8 (i) of the Mr~drasDistrict


~ ~ ~ i ~ i p a l i t(Third
ies Amendment) Act, 1942 ( I

x ~ V I I Iof 1942). re-enacted perr7r!*-li.qtl!r %x)ith~pecifjcd11 l ~ ifi-


d
cations by section 3 of, and the Schcdulc to, thc 'r,il?~ilN id,,
Reenacting (No. 111) Act, 1948 (Tamil Nadu Act IX of iY48),
2 This sub-section was suktituted for original ~ u b - s r c t i(2
~)~ ~
by s t i o n 18 (ii), ibid.
a The words " Pro~iXIcial C;overnmcnt " were sul+~slilu
tcd for
the words " Local Government " by the Adaptation Ordck 01. ~ 9 5 5 '
and the word " State " was sulxtituted for " Provincial " by
Adamtion Order of 1960.
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.District Municipnlities [I9

255. (1) The o


municipdl limits or
miles of such limits]
house far the slaughtering of animals
n g of any carcasses, '[
ning lr c ~ ~ t t i up
ysha 11 apply to the executive authorit
tlot less than thirty a
before the opening o
or the commenceinent
is sought to be renewed,
'[Provided that this
effect ic- any area outsid
with the previous sanctio
(2) The @[executive
and subject to such re
to supervision and inspection as he thinks fit, grant
or refuse to grant such licence.
256. The BLexecutive authority] may allow any
1 to be slaughtered in such place,p as he thinks
fit on cccasions of kstival~and ceremonies or as a
special meas'ure. .
257. No person sl~nllslaughter within the munici-
pality, except in a public or licensed slaughter-house,
any cattle, horse, sheep, goat or pig for sale as food
.--- ------ ---
I 1 These words JL's :!luted for the words " in the munici-
W ~ A W

pali ty " by sectioi~108 (1) of the Tarn il Nadu District Municipalit


. (Amendnlent) Act, 1930 (Tarnil Nadu Act X of 1930).
I'hc words a or any p l ~ c ewithin three mites of the munici
limits w1:ich is used as a slaughter-house for the slaughtering
animals illtei~dedfor food to be consumed within the municipalit
were omitted by ibid.
3 These words were substituted for the words " shall in the
month of every year, ar in the case of a place to b
month before the opening of thesarne,apply to
rity for a liccnce " by section 19 of the Madr
palities (Third Amendment) Act, 1942 (
1942), re-cnacted permanently with specified modifications by sec
3 of, and the Schedl~leto, the Tamil Nadu Re-enacting (No.
Act, 1948 (Tamil Nadu Act IX of 1948).
4 This proviso was added by section 108 (2) of the
Distriut Manicipalities (Amendment) Act, 1930 (
Act X of 1930)-
5 The uards "Provil-cia1 Goternment" wer
?:.,$4 - -,, < *.:*>:-I G 3x-e:T -c::.' :Ett
A
,:.; ;>= , 2-2 --Srr;a-* -5 5 * p ; ; ;zr& cm ""p
6\J.l;.l.::
:--, <I:der of:e5$.
Tt-~i:\-,..*-dc \x--.fe sz$t.zrimr& ks
?+zdt~on ;:' t ;;;li' thehfzdri~ Dsnicg
m e ~ t )Act, 1933 (Madras . . . c t ~ Vo

--
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1920 :T.N. Act F 1 District il.l,lrtir$~nlit~c.r 777


or skin or C I J ~I!?, m y carcasr withou; (3;. otherwise
&t.*-* : - r . ,

*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

and without the payment of any fee, any animal


for the purpose of a religious ceremony.
/

.S The milk trade.

258. (1) No person shall without or otherwise Regulation


than in conformity with a licence from the ' [executive ~ f ~ i l k
~ilthnritvl- rraae.

(a) carry on within the mullicipality the trade


or business of a dealer in or importer or seller or
hawker of milk 01. dairy-produce ;
(6) use any place in the muilicipality for the
sale of milk or dairy-prod~~ce :
Provided thav 110 sucli licence shall be given to
any person who is suffering from a dangerous disease.
(2) Such licencl: [nay be I cfused or may bc granted
on s 11ch conditions as tl?c ' [executive authority J may
deem necessary which rn;iy cxtcnd to thc col~sti-uctiun,
ventilation. conservancy. supervision :ulci iilspcclion
of the premises, whether within or witi~outmunicipal
limits, whcre the a i ~nqnls
i from wl~icitir I I I l~k : - ~tipply lc

is derived arc kept.

259. A11 markets which are '[acqui~-ed],


cons1l-uct~d,dblic A

repaired or maintained out of the n~\nicipai , . I I I ~ r~~"'k''?-

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

sl~allbe deemed to be prihlic markets '[ ; and su


markets s h d l bc opcn to persons o f wllatcver c
or creed.]

Powers in 260. ( 1 ) The council may provide places for


respect of
public as public markets.
markets.
"(2) The council may in any public mar
l ~ . .illy
: ~ one or more of the following fees at sur
rates and may place the collcctioil of such fees und
the inanagcmei~tof such persons as may appear to it
proper or may farm out sucll fees 3 ( h r any period
not exceediilg three years at a tjme and) on such terms
and subject to such conditions as it may deem fit :-
( a ) fees for the use of or, for the right to expose
goods for sale. in, such markets ;

(b) fees for the use of shops, stalls, pens


d ssuch markets ;
s t a ~ ~in
(c) fses o n vehicles o
or on pers61lsbringing, gooas
(Id)fees on animals brough
or sold in, sbch markets ; and

. (e) licence fees ,on bro


weighmen and measurers
such markets.]

1 A semi colon was substituted


the original section and these words were added
Madras District Municipalities
(Madras Act XVII of 1929).
8 This sub-section was substitu
by section 110 of the Tamil Nadu District Mu
rnent) Act, 1930 (Tamil Nadu Act X of 1930).
3These words were inserted by section
Distri'ct Municipalities (Third Amendment)
ActXXXVIII of 1942), re-enacted
modificztions 'by section 3 of, and the
Re-enacting (Na.IlI) Act, 1948 ('Tamil

- ,.
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(3) The council may, with the sanction of the


'[State Govarnment], close any pub! ic mn~.kct or
part thereof.
261. (1) No persoil shall, without the peiamis~ionthe Control of
executive
of the '[executive authority], or if h e 3 [ f c r s l \lave authority
been farmed out, of the farmer, sell or expose for o v w ~ u b l i c
sale any animal or article within any public market. markets.
(2) The '[executive authority] may expel from
any public market any person who or whose servant
has been convicted of disobeying any by-laws at the
tims in force in such market add may prevent such
person from further ca~ryingon by hilaself or his
servants or egents, any trade or bt~sinessin s~ich
market, or occupying any shop, stall or otbcr place
thertln and may determine any lease c r tenure which
such person may pdsstss in any such sltop, stall or
place.
4[262. (1) P4 J pet.?c I? -
11 open a oeiv private L i ~ n c cfar
market or continu- tcr keep open a ;?!-ivete inarket prrvate
unles's 11e obtains I'run; tiic: C O L I I ? Ca~ ~1i~i;licctti do so.
(a) Application for such licence shall he nlade by
the owner of the place in respect of ~vhichthe licence
is sought 6 ( n ~1rbss
t than thirty and ;lot more than
-- -- -- -
---
---
---
-A- - - ----
1 The words 6' Provindal Government " were substituted for
the words " Lmal Government " br the Adaptation Order of 1937
and the word " State " was substitukd for " Provincial " by the
Adaptation Order of 1950.
2 These words were substituted for the word " chairman " by
I
section 17 (1) of the Madras District Municipalities (Amend-
f meat) Act, 1933 (Madras Act XV of 1933).
$This word wassubstituted for the words "rcnts and fees" by
i section 111 of the Tamil Nadu District Municipal; [ics (Amend-
k
ment) Act, 1930 (Tamil Radu Act X of 1930).
4 This section was substituted for the original section by section
112, ibid.
8 These words were substituted for the words c6 not less than
six weeks before stlch place is opened as a market or before the com-
mencement of the year for which the licence is sought " by section
21 of the Madras District Municipalities (Third Ainendment) Act,
1942 (Madras Act XXXVIII of 1942), re-enacttd permanently
with specified modifications by section 3 of, and tllc Schcdulc
to, the Tamil Nadu Re-enacting (No. 111) Act, 1948 (Tami! Nadu
Act IX of 1948).
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(3) The council shall, as rsgards prjvate markets


already Inwfidly establislsed and may, at its discretion
as regards new private markets, graot the licape
applied for subject to such regulations as to super-
vision nlltL i;lspection and to such conditions as to
sanitation, drainage, water-supply, width of paths .
aild ways, weights and measures to be used, and rents
and P:es to be CI~L~I?;C\IL r S U L market
~ as the council
C ~ ~refuse to grant
may thiilk proper ; or the C O L L ~may
ally s ~ c hlicence for a n y new private market. The
council may, however, at any time, for breach of the
conditi~nsthereof, suspend or cancel any licence
which has been grailted under this .section. The
coullcil inay also modify the conditions of the licence
to take effect fxoni a specified date.
(4) When a liccncc i s granted, refused, s uspel~ded~
cai~celledor modified under this section, the council
shall cause a notice of such grant, refusal, suspension,
callcellation or modificatioil in English and '[in 8
regional language] of the district to be posted in
some c.uspicuous plxcc at or near the entrance to
the place in respect of which the licence was sought or
had been obtained.
( 5 ) Evzry licence grailted under this section
expire at the end of the year.]
Fee for [262-A. When a licence granted under section 2
licence. permits the levy of any fees of the nature spe
in sub-section (a) of section 260, a fee not excee
fifteen per centum of the gross income of the
from the i19arket in the precediilg year shall be c
by tile nulnicipal council for such licence.]
. -.-

I Thess words were silbstituted for the words cc a verna.cn


1 anguage " by section 3 of, and the Second Schedule to
Nadu Repeating and Amending Act, 1955 (Tamil Nadu
of 1965).
8 This, section was inserted by 3ectioa 113
District. Mdnicipalities (Amendment) Act, 1930
of 19 30).

., . " -- . e ~ .. .
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1920 :T o N o Act V] District MmiciyuZities 781


263. It shall not be lawful for any persona4o sell or Sale in
expose for sale any an;mal or article in a:ly unlicen- unlicensed
sed private market. private markets,

264. The iouncil inay by notice require the osJner,Powers of


occupier, or farmer of any private market to-- council in
respect of
private markets,
(a) coilstruct approaches, entrances, passages,
gates, drains and cess-pits for such market and pro-
vide it with latrines of such description and in such
positioil and 11umber as the couilcil may think f i r ;
(b) roof and pave tlia wllole or ally pfiriion or it
or pave any portion of t l ~ cfloor with such matct-i;~l
as will in tile opinion of t i i c co~rilcil~ccl-11-c
inipcsvioi~:-
ness and ready clcatisin~;
(c) velltilatc it propel-1y and p l - o v i ~ l cit v;ill3 ;,
supply of watcr ;
( d ) provide passages o f s uflicient 1% id?h bctwccn
t l x stalls and make such alterations ill the stal,. ,
passages, shops, dool.s or ulher parts of the markct
as the council may direct ; and

d (e) keep it in a cleanly and propzj. state and


*%&#

remove ail filth and ref ilse the]-efi.om.

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

out any of the works spccilird in sectio~; 264, 111e


council may suspetld tlic liccilcc of thc said ~ c I . s ( - , I I .
?>
.i
or may refilse to grant him a liccncc, u n t i l q l . 1 ~ 1 1 \I. o i - k i
have been completed.
(2) It shall not 1c: lawful for any prrscw to O ~ C I I
or keep ope11 any such markct after such s u s p c n s i o ~ ~
or refusal.

266. No owncr, occu],icr, agent or in;,ongc I i n Prohibit;oi~


i . of any $,11o7, stall, against
charge of any private i ~ a ~ k eor nui.nccs
shed or other place therein shall keep thc samc so private
that it is a i~uisanceor fail lo cause allpthi~lgthat: is markets.
. . LatestLaws.com

782 District Ddui2icipalities [I920 :T


a iiuisance to be a< once removed to a
'[specified ] by the c;ouncil.
Power to close 267. The councd or any offic
it in that behal:' may clo
in respect of which no licen
2[ ] the licence for w
withheld or suspended $[or whi
trary to the provisions of this Act].

4[267-4.. (1) A municipa


rights of any person to hol
place and to levy fees therein.
be made under the Land Acq
such rights shall be deemed to be land for t
of that Act.
(2) On payment by the municjpal c
- corrtpensation awarded under the said A
o f such property and ally other charges
acquiring it, the rights of such person to ho
inarket and to levy fees therein shall vest I
cipal counci1.J
268. The person in charge of a inarket shall
the, entry therein or expel the~efrom any,
suffering frcm ieprosy in whom the process of
tion has com~~~enced or from any infectious
tagioos diseasc who sells or exposes for sale
any article or who, not hevi 111: purchased th
handles any articles cxpo'if:d f o r ~ ; r l ollrorcin
he may exp-l thcref'rtjnr I y
a disturbance therein.
C _ . _ _ C . _ . ^ - __ __~__.-_
1
II_
*_ .1
II. ,_

This worcl was suhstitulcJ fijr l h


~ ( j i ) tilt MIII{~:,~ U i ~ t y i ~Mt L I I I ~
AmecrJ ~ w ? .$c'r,) 1944 (Mndrns
pymsIlcnt!?. ?,\ 2 of. :3i?
E7i! x:>d<;< .\-:'*%-~-
-%

T?< a32 ?.;-?i-.i:


\.?,-ti \
.
* ?-;
-
' -4jj";.
... .12. *..".-"l' ",>.
$&-*\BT'
. % :.:,.a,-> ' CnCZ:P

&-. ;% yks; .,,& --~<*x -


~LL.L~~.?A*:*&~GS
{Ti.:-;. : .k 2; LG%%*
-4;
J rhcw y,:;crjs %&f& b> i>G.

, .. .
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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 % .

* d , ~ ..-- .--- -,;jc;


- 2

ofewh jjrnlt ;:
L_

Provided that no licence shall be required for a


pfaoe used for th,o selling or storing for seie of *re-
served flesh or fish contained in airtight and hermeti-
cally sealed r eceptacjes ;
2[Provided further t h a t no licence sh; 11 be requiu
red for any plice included in a public market as
defined in section 167 of the a[Taail Nadu] Local
Boards Act, 1920(.]
(2) The *{executive authority] may, by an order
and subject to such restrictions as to supervision
and inspection as he thinks fit, grant or refuse to
grant such licence. I

(3) Every such licence shall expire at he end of


the year in which it is granted unless for special
reasons the l[executjve authority] considers it should
expire at an earlier date, wheo it shall expire at ~ 1 1 ~ '

csrlier date as may be specified therein.

Thesewords were substituted for the word '' cbairmau " by


section 17 (1) of the Madras District Municipalities (Amendment)
Act, 1933(Madras Act XV of 1933).
8 This proviso was added by section 116 of the T?.mil N;tdu Cis-
trict Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of
1930).
8 These words were substituted for the word " i\ll'dl.~s" by the
Tamil Nadu Adaptationof Laws Order, 1969, as amended by the
Tamil Nadu Adapt ation of Laws (Second Amend~aeat) Order, 1 969?
which came into force on the 14th January 1969.
NOWthe Tamil Nadu Disttict Boards Act, 19 .'.O ('Pamil Nadu
4ct XIV of 1920).
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3[270-A. Jf any question arises whether a

th; '[State Government] on the question s

'[(I-A) The council may-

. --
These words were substituted for thc wor
section 17 (1) of the Madras District Municip
Act, 1933 (Madras Act XV of 1933).

a This sect on was inserted by section 118, ibid.


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LatestLaws.com

. '.
-,
1

1920 :TsNs Act V] rjhtrict M ~ v ~ i ~ ~ i * ~ i /785


itic,~

(b) farm out the collectiol~ c;' .l!!,y :-ilch fees


for any period not exceeding three yenfa:, :it n time
and 011 such terms and conditioriz :?s m:iv ~ h i n k

(143) Any nrrecmo~~t entered irii i : by ;: 1 * I n!lici-


pal council, far&ing cut the collccrioll of sucll fees
for a period, not exceeding three yea-s, com~i~cllcing
on or after the 1st April 1941, shall be :zlid, notwith-
standing that s ~ l dagreement
~ was entel-cti irito before
the commencemcr t of the Madras Di(~ti*iciM cinici-

(2) A stnte~netli it1 English and a -el iuwular


language of the district of the fees fixed by il!c coilncil
for the use of such place shall be prrt up i i ~:. r m s -
picuclus part t llereo r.

Ej;ykrnatiorr.-- A ciii t-stand slia il. f 01 tf2c ljlllo-


poses of this Act, iacludc a stand l'{:i4 cnrringes
'[including motor vehic!cs within the
Indian Motor F'ehiclcs Act, 1914 ' and : ~ i lina1.r. j
* .
3[270-C. W I I C ~ " ~.L 11 . t . . . .Y c .,,
! li;::; :ii-,.jvidedProllibiiion
of
of
a public lacding p!:scc. I?::i king p. Lici; {,rv c:tiq:-sfand9 9 lace or
the '[executive auii.~ii-il#y]may pr.,hiI)i: :he 1 ; : : ~ forf:cjesO 1
as
the same purpose i::~ ally per-son wit1lin ::;lch c!~stanceg ~ b l i street
I* c
etc,
thereof, as may h.: detcrmincd by ill(; n~ilnicipal
council, of any pcbl ic place or the side3 iif any 1,*1blic
street.]

r These words were inscrted by Schedule I to thc Tarnil Nadu


Motor Vehicles Taxation Act, 1331 (Tamil Nadu A c t 111 of 1931).
a See now the Motor Vehicles Act, 1939 (Central Act IV of
1939).
8 Sections 270-B to 270-E and the hcading thereto were inserted
by section 1 18 of tl.12 Tamil Nadu District Municipalities (Anlend-
plenrj Aci, i 3;s <TGZil Nadu Act X of 1930).
4 These words were substituted for the word .c chairman " by
ction 17 (1) of the Madras District Municipalities [Amea~;
1933 ( M ~ d r a sAct XV of 1933).
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(2) All property seized under sub-section-


shall be sent within twenty-four hours to the '[axe

person cannot be found, publish by beat o f drum,


$hat after the expiry of two days, exclusive of Svnday
from the dnt'c o f service or publication of such notice
rhe property wil! be sold by auction at a place to be
spccificd ill t t.tc lot ice.
(3) If, ar any time before the sale has begun,

dered to the S[executive authority] or other pers


authorized as aforesaid, the property seized shall
forthwith released.

:Z>c,= > . r c:,: ? i::-i;!


,.~*<-- v , *
~ &xfyiY their
$P I:;,: , c . < , T '"
n:e ~ a d - a j blotor Vehicles
by swticn i0 i 1) c ~ : '
Mmndmcnt) Ait, 1932 fhf?dras Act 17 of 1932).

-* .
.. ... . - I, .-- . . .
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-

-- -

.N.Act V] District d&u~zicipaZities 787


If no such tender is made, the property may
and the proceeds of the sale applied to the

(i) the amount due on account of the fee ;


(ii) such penalty not exceeding the amount of
the fee as the '[executive authority] may direct ; and
(iii) a sum of eight annas on account of charges
incurred in connexion with the seizure, detention and

2[270-E. (1) No person shall ope11 a new private Licence for


cart-stand or continue to keep open a private cart- ~ d v a t e
stand unless he obtains from the council a licence cart-stand

(2) Application for such licence shall be made


by the owner of the place in respect of which the licence
is sought 3[not less than thirty and not more than
ninety days before the opening of suclz place as
a cart-stad, or the comnjencemet?t of the year
for which: the liccncc is sought to !,c rcncwed], as
the case may be.
(3) The couricil shall as reg~udsprivate cart-
stands already l n w f ~ ~ l lestablish~~l
y and may, at jts
discretion, as regards ncw private cart-stands, giant the
licence applied for subject to such regulations as to
supervision and inspccti(:n and to such conditi-.is
as to conservancy as the council may think ,-roper ;
or the couilcil may refuse to grant any such licence
for any new private car L-stand. The council may,
however, at any time for breach of the conditions
- _____I- - c-- ._--I--
1 These words were substituted for the word " chairman" by
~ x t i o n17 (1) OF the Madras District M ilr~icipalities (Amend-
ment) Act, 1933 (Madras Act XV of 1333).
a Sections 270-B to 270-E and the heading thereto were inserted
by section 118 of the Tamil Nadu Distnct liaunicipalities (Amend-
ment) Act, 193C (Tamil Nadu Act X of 1930).
a These words were substituted for the words " 1101 less than six
weeks bcforc such placc is opened as a car.1-stand or bcforc the corn-
nlencement of the yelr f o r which the liccncc j: sought " 5y section 22
of the Madras Disl rlct hA~lnicipitliticc(Tkird Amendment) Act
1942 (Madras Act XXX'lilll of 1942), re-enacted pcrrnanentlywith
smificd nlodifications by section 3 of, and the Scl~edtxlcto, the Tan;ij
Nadu Re-enacting (No. IlI) Act, 1948 (Tarnil N- do Act [Xof 1948). .
125-13-50A
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cancellation or modification, in English an


nacular language of the district to be posted
conspicuous place at or near the entrance to t
in respect of which the licence was solught or h
abtained.
( 5 ) The council may levy for every limn
under this sectton a fee not exceeding three
rupees per an num.

Inspectioa of places for sale, etc.

flesh, fish, fruit, vegetables, corn, bread,


milk, ghee, butter, oil and any other articles ex
or hawked about for sale or deposited in or br
to any place for the purpose of sale or prepa
for sale.

ar containing any such articles.


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LatestLaws.com
- --* ,-- --

- 1

.N.Act V] District Municipalities 789


(2) If the '[executive authority] or any person
so authorized by him has reason to believe that in
any place any animal intended for human food is
being slaughtered or any carcass is being skinned or
cut up or that any food is being manufactured, stored,
prepared, packed, cleansed, kept or exposeti for sale,
or sold witl~oui,or otherwise than in conformity with
a licence, he may enter any such place without notice,
at any time by day or night for the purposc of sati~fyi~zg
himself whether any pr~visionof laws, by-laws, or
regulations or any co~ditionof a licencc is being
contravened.
(3) No claim shall lie against '[ail '(executive
authority)] or any persot1 acting under ilis authority
or the council for any damage or i;aonvenience
necessarily caused hy the exercise of Fowers under
this section or by the use of any force necessary for
effecting an entry into any place under this section.
(4) In any legal proceedings in respect of powers
exercised under this section in which it is alleged that
any animals, poultry, fish or articles ef food were
not kept, exposed, hawked about, manufactured,
prepared, stored, packed, or cleansed for sale, or were
not intended for human food, the burden of proof
shall lie on the party so alleging.

ner what soever Preventin8


] Or PerSon duly inspection
byexecutivr
powers under the put hority.

h i iltended for power of


thorlly] or to a authority
executive
be diseased, or to seize
- diseased
animals,
ord " chairman " by noxious
palities (Amendment) food,

s :' a executive autho-


edulz: to, t h e Tamil
(Tamil Nadu Act XXV

d
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any food irppears to him to be noxio


vessel or utensil used in manufacturing,
containing such article appears to be of such
in such state as to render the article noxious,
seize or carry away or secure such animal,
utensil, or vessel, in order that the same may be d
with as hereinafter provided.

Explunatiot?.--Meat subject to the process of blow-


ing shall be deemed to be noxious.
r"'
ah
!"
Removing 275. No pzrson shall remove or in any way inte
or interfer-
i,i
F?3.~.
ing with with an animal or article secured under the la?pr
ceding section.
% articles
. seized,
d

<* 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

,, v by the owner 01-per.;on in whosc possession i t was


x q,
25 the time of its scizirrc.

?rf\;ill +\lrr ,*\jCbt\ St% \$\?$R

. 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

again exposed or hawked about for sale, or used for


human food or for the manufacture or prepl-at ion of,
or for containing, any such articlc as aforesaid.

m,lip; '-- .,,; .* ZP - . - .. -


- 1
i-
- .' . . . .. . . ,
,
. . ....5:-
\- s
, .. .,
d< .<I'

5 -
L I* J

uta,,yl,]$w;JJ?.!,'; :,+' '1-.


t:':, ',',; : ; J :
' ' ', .,.' ; f ~ ~ ~ f j j ~ ) ~* ~' , ~ I
i
-
. + -

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.

279. (1) NO H C W pLt.c~l0r ~ I I C clispo~alof ~ I I C tlc;~J, Licensing


whether public or itrivatc, sl~allbc opcncd, fol-lucci,dtqposal o!pl=esfor
of
constructed, or uscd unless a liceilce hns bccn ohlnincd % .

from the council on applicalion.


(2) Such apl~licationfor a lice~~ccsha: bc :r.cccj~r~~.
panied by a plan of the place to be register~d,showing
the locality, boundary and extent thereof, t l ~ cn a n c
of the owiler or persol. or c o m l ~ i ~ i ~ irltercsted
ity
therein, the system c f management :1nd s u c ' ~fi~rther
particulars as the council lu:\y tequirc
(3) Thc counci 1 I ,my--
-

(a) grant or reh1i;i n iicznce, oi


-i*,.v+~a.*".<~-- -, ,,
%Thewords " Provincial Government" were substituted for
words " Local Government " by the Adaptation Oi-der of 1937
d the word State " was substituted for " Provincial " ly the
Order of 1%0,
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or interfer- with an a&nal cr article secured under the


' - -with
Ingl
articAes ceding section.
seized.
Power 276. (1) When any animal or article
, desttroy seized under section 274 it may, with the consent
artiele
scii:ed. the owner or person in whose possession it was foun
be forthwith des::royed in such manner as to prev
its being uszd for human food or exposed
and if the article is perishable, without such
(2) Any expenses incurred in destr
animal or article under sub-section (1) sha
by the owner or person in whose possessi
the time of its seizure.

Production 277. (1) Articles of food,

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-

(a) to be fogcited to the


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lace to any person appointed by the llexecutive


uthority] in that LehalS.

83. (1) I f the coui~cilis satisfied- Prohibitloa


against use
of burial
that any registered or licellsed place for a d burning
~lrounds
the dead is in such 3 state or sit~lationdangerous
or to be likely to become, dangerous to the tohealth
s living in the neighbourhaod rllercof, or over-
crowded
with grave&
(b) that any burial ground is overcrowded with

d if jn the case of a public burial or bur~~ing


ground
aforesaid another convenient place
for the disposal of the dead exists
vided for the persol-1s wlio would
se of such place,
with the previous sanction of the "State
e notice that it shall not be lawful
be named in such notice to bury,
rn or otherwise dispose of any corpse at such place.
tice giveri under sub-sectio~~(1)
in the district gazette and by beat

(3) After the expiry of the period named in such


notice it shall not be lawful to bury, burn 01- otherwise
dispose of a corpse dt such place.
284. No person shall- ProhibI-
tions
in respect
(a) bury or cause to be buried any corpsc. or ofcorpses*
part thereof in a grave whether dug, or constructed
of masonry or otherwise, is such manner that ''.A

---.--
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

witshinsix houls sfter its a&ival at such place ;


(e) when burning or causing to be burnt

W ---K -----
reduced to ashes ; or fa $4
p i s

for any purpose whatever ; or


(h) remove, otherwise than in a closed recenttaclg.4

. - - - -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.

Tlitnl ,s totist its,


286. (1) The municipal council shall i-ogistcr ;111 Compulsory
irths and deaths occurring in the municipality. ofvital
registration
statistics,
(2) l[Information of births and deaths shall be I

en and their] registration shall be made and en-


rced in the prescribed manner.

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

(4) With the previous approval in all cases of


e Collector of the district the 2[executive authority]
ay direct the coinpulsory notification by the owner
r occupier of every house within the municipal
--
uch " b-l section
Tamil Nadu District Municipalitics (Amendm *nt) Act,
i1 Nadu Act X of 1930).
were substituted for the word " chairman " by
the Madras District Municipalities (hlendment)
ras Act XV of 1933).
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289. The l[executive authoiity] 2[or he


may at any time by day or by night wit
or after giving such notice as may appear to
able, inspsct any place in which any &ng
is reputed or suspected to exist, and take su
as he :nay think fit to prevent the sprea
disease beyond such place.

in such notice.
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." '..%',, ' .
:: >'.; :

I1 from .time Provision

e '[executive authority] may direct any


bedding or other articles likely to retain
ion to be disinfected or destroyed alld

oses ui1der sub-

Provided that no thing ;n this 2[section,] shall


y to a person who transmits with proper
autions any article for the purpose of having i t

If the chief medical officer of the district, the e a a of


~
ofioer or the local lnedi cal officer certifies council
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294. When a hospital or other place for tb6.ro a$

tion of persohs suffering from dmgeious disea!


--

Medical Registration Act, 1914, arrange r or, pr.


the r(:movalto such hospital or place of- any I

supervision dlrected to prevent tne


disease, or who is in a place occupied
one family.

occupation, or carry on any trade or Duaness ul


he can do so without risk of spreading the 'diseia

precautions against spreading such disease, c@us?;gp


or suffer himself to be conveyed in a public co%vqj$~
, 594%
ance, k%?".~M~i

(2) No person who is suffe


dangeious disease shall enter a p
without pr evio::cljT ngt;fyin3 to the n

or person in charge ot such conveyance that ne. 1g -.


-=

suffe-i~g.
(3) No owner, driver, or person in charge
public conveyancer shall knowiagly carry or -pe$
'

io t e carrried in such conveyance any p


suffering as aforesaid in contravention of
section (1). :"$18 a

1 These \ v c x i s were svbstituted for th


s o 1 of the ?136rzs District
, f ~ = s ; r ) -4.x. 12-:Z ( W s s -4.y LA"ofW
s h 3 t i r i f M fatfu?: wdfd
+$+$-ere
.* I U A *
f i;;*>r.& I
Tamil Xdi!!~ hdapration of Laws Order, I, ,,
Tamil Nadu Adaptadan of La.ws (Second A m
which came into force on the 14th January 1
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District Dlunicipr,tities
- .

c011vic:iing nny persol1 of cor~trave~liog


or sub-section (2) may levv, in addition
for the ~FIfenccprovided in this ~ c t ,
fine of such amount as the court deems
to cover the loss and costs which the owner or
cur for the purpose of disinfecting the
eyance. The amount of ally additional fine so
osed shall be awarded by the court to the owner or

Provided that if sue11 additional fine is i in posed


in a case wl1ich is subject to zppeal the n ~ n o u n tshall
t be paid to the owner or driver before thc period
owed for presetting the appeal has elapsed; or, if
appeal is presented,before the decision of the appeal.
(6) At the time of awarding compe~lsati,n in any
il suit relating to the same matter the
ake into account any srlin which the plain-
e received under this sectio~.

297. (1) persol1 shall let or sublet or for that Letting of


NO
purpdse allow any person to e ~ t e ar building or any infected
par. of a 5Uildingin which he knows or has I-easilnto
know that a person has been sufferillg from any dan-
gerous disease without having the same and all articles
therein liable to retail1 infection disinfected 10 the sati S-
faction of the l[execbtive a~~tIloritJ'].
AmwWmm.e-'=ma

r the word "chairman " by


t Municipalities (Amendment)

-- -
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.' -- W.*fS.
-$ >&#+r: . ' -*.P>yg?":%
.".&w%,
r+s'r , . ?' ,'.= < > ,"

800 District Municipalities

therein.
298. In the event of the prevalence of any d
disease within the municipality, the council

such minor may attend without

300. (1) Vaccination shall be corn

301. Where an inmate of any d w e b


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LatestLaws.com

posits may be forfeited :]

excced one hundred rupe:es; '[ , ..

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~ a bey tran;f,,. ,.JLy sde, mortgage, le
ge or ctherwise ;

it')as to the 3[workingJ of provi

the conditions on which. grants-in-aid shall be

and loans may be made to co-operative buildin

'[tha i Govcnlmentj shall pass ;

CI-nse (b) was substituted for original clauses


section 123 (i) of Tamil .la<:ti Act x
of 1930,
3 This word was substituted for the words *. estab]i
tenance " by section 123 (ii) of the Tamil Nadu Di
ies (Amendment) Act, 1930 (Tamil Nadu Act x of
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X "1 . 2 3 ;r>ac;
the municiupal authorities or l[@flicersof the State
vemment] *[ .I to accord professional or
iaistrative sanction to estimates ;

( i j as to the accounts to be kept by thi: ,nunici- a .

audited and published and as to the condi tions under


hich the rate-payers may appear before auditors, i r i -
cct books and vouchers and take exception to items
tercd or o'nlitted therzin ;

u) as to the estimates of receipts and expendi-


re, returns, statements and reports to bo submitted
y municipal councils ;

( k ) as to the mode in which the oficoss of ", the


State Government] shall advise and assist n~cinicipai
in carrying out ihc purposes LF this ACL;

the members of the council ;


(m) as to the moving of resolutions at the meeb
ings of the council ;

1 The wordsu oficers of the Provincial Government " were subst;.


tuted for tf c words " Govorntnent officers" by the Adantat ion Order
of 1937 and the word " State" was substituted for ' P~ovincinl*'
by the Adaptation Order of 1930-
e The words " or the Sanitary Board " were omittcrl by section
123 (iij) of the Tamil Nadu District Municipalities ( A ~ n e n d n x ~ p,,-t,
t)
1930 (Tamil Nadu Act X of 1930).
8 The words " the Provincisl Qovcrnmcnt '* wclc sut>sti[uted for
tho word G ~ o v n m c n "t by {ha Ad:~ptotianOrder rr f 1037 nrld
("tate " w a g q t ~ h ~ t b t ~f44~r f d Provincir l " t?y tbp tt,qRt?*
od Q~dtirof 1969.
- j25-1$--!31~
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for regulating the sharing betwe


l[(rr)
authorities in rhc -(Stateof T::mil Nadu) of the pro
of the profession tax, :$(
and anin~als,tax' on cuts, '(
taxes or i~~cume, levied o
other Act ;]
*
( p ) as lo the form of rc,
births and declths and the mann
shall be maintained, the dates
be made and the officerto who
"'(q) as to the transfer of allotmen
the sanr timed budget of a municipal counc
head to another ;
(r) as to the powers of a
superintending officers an
inquiries, to summon and exami
pel the production of docurne
connected with audit, inspecti
and
(s) for determining the costs of buildings
lands.]
(3) In making any rn

-
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

of Madras" by the 'I'amil Nadu Adqti:ion of Laws Order,


which was deernrd to have come into force on the 14th January 1
. 3 The words '' sordlarge on in:sml-12: '' %:-re o.$tw by
Adapt3lc.n OrZrr of l t!?' .
4 me +-,rT-
W m oaitt::ci b:, 3-c;;rdnie I to the 'Famil
.L
;.A:.
*?

,Motor Vehic'es TaxationAct, 1931 (Tainil Nadu Act 111 of


Clause (0; was omitted by section 123 (v) of the Tamil
District Munkiw;ities (Amendment) Act, 1930 Cfamil Nadu ~ c t
1930).
Clauses (7), (r? and (s) were a
' The worils . " Pro~incialGo:-?
wed3 " h a ! G c r . & ~ - w n"t d::
the aard S r r c " uar sulutitu:
g6

Adapktft\a Odor of JSisO,

, - . .

... -
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i9b :T. N. Act Vl ilisfrrcl Mu~lfcipcliilic~a 8OS


'[304# (I ( l l ) AII ruler ixade under ~;iJ~+fi;ti~n
of s ~ t i o n7;;-A Or U!dci ~ e i i i o n303 sj-j-i i f 3~ (2) notjficatiol-,r
iii jshed Rules and
,
in the Tcnzil i\rrr:lir Go;i,~i:.~:ilp,qlG:ccrid , illjiess to be placed
before the
they are e~lircs:c.d io coiiie inlo Corcl: on iL ,,:Ll-ti- Legisiatul.e:c.
clllar uay, ~11311COlnC ililo i'o;cc ihc o which i:ij,

they are so published.


w

- - ". . - _ C

. - . :.- -
..
-2 u
-.*
?'*-?-- .%C - - L .
I

cation issued undei. this Act skiail, as so011 zs possible


after it is nisdc or is ,l:cd. 0:: p12ced 1213 tlic Gbic of
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 .

fication in any such ruic or rtci:ificalion or both i-iouses


agree that the rule or noilf;ca!ian should fiat bc made
or issued, the mle or not ificnrio~~ shall t!:erk:afier have
effect only ill such modifiutl form or be of ?iocficct, as
the case may be, so ltowcvcr that any si;ch inoditi-

---.
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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LatestLaws.com

Schedui.es1I,Ii1', IV,V and' V1.


(2) The "(State Government) may by notifi
under sub-section (1) of section 12-C include any
cipalityin Schedule IX but shallnot remove ther
any municipality so included.
(3) All references made in this Act to any
aforesaid Schedules shall be construed as .r
to such Schedules as for the time being amen
exercise of the powers conferred by sub-section
sub-section (2), as the case may be.]

-- ,

3. This ssctian was substituted for the original scction by s


of the Madrac District Municipalities (Amendment) Act, 1933 (
Act XV of' 1933).
2 The words.6cProvillciai Government " were sub
words " Local Government " by the Adaptation Order
word State " was substituted for " Provincial " b
-Order of 1950.

4 The expresqion "sub-section (2)! of sw


omitted by stxtio1l4 (i) of the Tamil Nadu

6 The expression " under sub-section (2) of section


omitted by section 4 (ii), ibid.
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807 w

and the rules shall not be made ' [unless both


'(Houses)] "(approve) t 11c draft either without modi-
fication or. :tddition or with n~odificationsOi. adclitions
4[to which both the '(Houses) agree] ; but LiIx7on such
approval being given, ijic rules may bc made in i i ~ c,form
in which they have been approved aud such rules
on being so nlade shall be ?lotifid in I j(Ofi-
cia1 Gazette) and shall thereafter be 01 1 force and

.!3) ~-lc/lf$~,sa

306. The council may make by-laws, ncit incul~sis-Power of


tent with this Act or with any other law to provjdc- council to
ma kc by-laws.

'[(I-A)] for tile due pcrformallce hy all munici-


pal officers and servants of the diitizs assigncci to

(2) for. tl-ic regili;~tiol! of the ti.nlc al7.d iilotie of


collecting the i nxcs I . . . ' t i t ~i.es:/
t t!ntizl- 1.1 1 '
Act ;
".. . ._ ( -. . - ---- -__.. _, __ . _ -.... __--
1 The~c w o r d ~\:crk: .;i:i?:f it tiii:.i! ~'vI' the ~ , ~ , , < - ~ : '*~ < ~~ ;~ :~: i t , ; ~tjlc
~
Legislative ~ o ~ ~ j i ci>y
i l ~ ? I /2ti;li)r
"C alien 01.d~-;.
:>I' 103'i.

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 .
$.

6 TIlese words \VC;.C S L I I ~ S L t. ~l ~l ~ dCC?~' w,>I'~s '.' I?:),!.: , F l i , (I'mrge


Gazette " by ih!':i.
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LatestLaws.com

'[&?-A) fbr determining the c


which lands shall be deemed to be
buildings] ;
(3) (a) for the use of public tanks,
and 0 t h ~places
' ~ or works for water-su
; r:sawnr

(6) for the regulation of public bathing, wasbgiG-


and the like;
(c) for the maiilte~~ance and protection
water-supply system, and the protection of the w
supply fi.0111 coiltamirxition ;
( I / ) for the conditions on which house-c
ions with the council's water-s~ipplymains ma
made ; for their alteratioa a itd repair and for
being ltept in proper order ;
(e) for supplv of water for domestic con
tjon and ESI: ;
i f ) for :he prevent ioii of waste of water ;
(g;\ for the measurement of water ;
(hj for the compu!sory provision of cis
and meters ;
(i) for tho supply of water in case of fire ,
t$
(4) for the maintenance and protection of tbeA<$+-
;' "

lighting system ; ., I *.+ *;& %,

( 5 ) (u) fnr the mail~tslmnce and protection of>-$"*


*:,
"rt $&+
,& $)

rhe hi- :si. S:)-SICD? ; _ 69' j

@) fur the construction of house draiar ad


for regulating their situation. mode of cnnatr
and materials ; IF*$
Ic) for the altcsntion and repair of ho$

-
drains ; 92
A
(d)for the clea11s:ng of house drains :

1 This clause wasinserted bv sect1011125 -'*I,-


Pistrict Municipalities (Ameodmcn I ) Act, -..- ,
X of 1939)*
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(e) for th*: n~i~struction


gi' cois-pools, septic
tanks, filters and drains ;

latrines

(7) (a) for the testing of water pipes and drains


pnvate premises, the recovery or tho apportionment
f the cost of such testing, and the breaking up of
round or of buildings for the purpose of such testing ;
(b) for the licensing of plumbers and fitters,
and for the compulsory employment of licensed
plumbers and fitters ;

fK'r
- 1 - - tllc Irtvinr:
(\ a 1> ['or out of st~.ccts, ; ~ r l c i for
determining the information .and
u d

. plans to bc sixbmitted d'

with appllcat~onslor permrssion 'ro lay cbut streets ;


and for regulating the level sma v;lo rn or pubi i c streets
i t r l C

and the hcight


- of buildings abutting thereon 9

o r ths protectioll of avenues, trees,


I )
grass and other a~pilrtenancpsof' pr!blic strects and
other places ;
(9) f o r tlic reg[! i o i 1 of tile l!:,<.I!' dt14i\\*, gd: i:ei-,s
and otliG, public or miii~icipalplace:, 'j-l .ri\ not ~ilclud-
ing the ~*cgulniion01' ti-alxc thcrcii~.liic i-sscl 31im
thereol' for pal tici~l:ii. Liiids of traiiic, 1 : 1 1 i
ki,ureo; 01. parts thcrcoT to tramcj ;
____- -_..-_----__
_ . I _ _ . _ _ _ _ _ _ _ _ _ _ -- - -- - --
1 Sul)-,.j;+ti 1( 1 7 ) rnci (ti) nlci.e ornitted :iqd s i ~ ~ ~ - c ' : (~[ Ii) ~ was
~~i3
rc',ct,icrc,.i ;a s*~!:.:.: 111:,c(;I) hy section 6 ( i i ) oi ti;c T,:lnii Nadu
TrafficConlt-01A C L ,113.1X ('l'iimil Nadu Act V or 19%).
2 These words wcrc ~ d d e dby sect ion 6 (iii), ill.iL1,
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(10) (a) for the regulation of buil


(b) for determining the information a
to be submitted with applications to build ;

tion of any food or drink ;

(1 2) far regulating the mode


stables, cattle-sheds and cow-houses
them with municipal drains ;

r control and supervisi


(6) f ~ the
methods of slaughtcrir~g:

authority. :ISr he case m:iy 1.~3 ;


------ --- --.-- -
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-
* I -- -- - -

N.Act v j ij&t,4ct Munr"c*l;iitees clil


(15) for the inspection of milch cattle. ;inti the
regulation of thc ventilation, lighting, cleaning, drzinage
and water-supply of dairies and cattle-sheds in the
occupatiol~of persons following the trade of dairy
man or milk seller ;
ss of m i l k stores
utensils used by the
s for cmtaining or
k pi.od~!c~ and for I

ersons cn~pl<>! cd in

(17) for requiring notice to be given \\~hcl~ever


any milch animai is affccled with any :ont:lgious
disease and pl escribing the precautions to bc take12
in order to protect milch cattle and milk gains t infec-
ion :
tion and conti-l~nil~nt
(18) (cr) for the i ~ ~ s ~ x c t iof
o npublic a 1(1 i,~-i\r:\te
markets and shops allti othcr places tl~cl-cin;
(h) for ihc i-egt~latio~~ of t l ~ e i r ~ s c:111ti t l ~ e
control of their s a ~ ~ i t a rcondition
y :
'[(c) for licensi~~g and controlling brokers, .
commission agents, ~ e i g h m c nand meas~ll,erspractising
their calling in markets ; j
(19) for prescribing the method of sale of articles
whether bqr measure, weight, tale or piece ;
(20) ibr prescribing and providir,g standard
weights, scales and measures and preventing the use

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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(22) (01 for the regnlat ion of burial


grounds and other places for the disposal
(h) for the levy of fees for the use
burid 2nd burning groui~dsand crematoria
mail: ts:r~:d by the coln~cil:
1. : f.>: i . 5 ~IC:.; - +
.. ILxx:
* \ I .
of kie:~th~
: U I ~t
d:;z:: :
, the p<i-i,)~f h r ~vhich corps=
f r
be kepi f i insFri,-.:
~ :

, 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

- (24) For the enumeration of the inhabita


LL ''re city ;
(25) for the prevention of dangerous diseases
inen or anitnals ;
(26) for the enforcement of compulsory vacci
tion ;
9i4 '
~9 (27) for the preveiltion of outbreaks o f fire ;
b,
(28) for the prohibition . and regulation
advertisemellts in public streets or parks ;
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LatestLaws.com
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9 .
- - ? -. ..-,. ---
z:R
-:
&-
--- ---- -
----
ik'
. G

N. Act V] District Municipdlities 813 ~5"


--
3
9

307. By-laws with regwc! to the drainsg:: of, and to give


I

retrospective
supply of watcr to, bullumgs and water-C~GS~! -7 J-
,, entth- effect t o cenain
',#
,+53~

closets, privies, ash-pits and cess-pools in cciln~xionb~-!aws. $&


with. buildings and the keepjng of water-closets
supplied with s\ilficicnt nnier for flushi;:; may bc r,,
s%$

made so as to ;rFfect h:iijdiags erectcc! i i . i i ; : ~ the . .5. -


. . ,
6
308. In ina?<iP :
I ,
1

. . 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 ~ ;:., ~. ~ ~

( a ) wi;n nn. ,;..... . . L c 1 .. . . . - I \

ancl in case of ti f ~ l i i11l; ~I~~-,.,ach


(;! ~i \\:!if1 , T?: ! t C , , 3 .

may extend Co fi;'\c~ri!.t:pi.cs fi,r eve.. J- d . . ~ -('..:$22


w h i ~ hthe 'orcasil c : ? i l t . ~ ~;rficie
"
~ , : ~couy I , . ' , , ft13. ::,:
first breach, 0 -

31309. The municip:: l coun&i st!.all, beio:~.r; 1 . i j- . . . *."a Co:lr!it*o.;\ C


t- I-

altering by-law, L ;I draft of tllc ri .' -., .!:*: ;~rci;ed 10


, . . rfivLkingbk- *
by-laws and :ilt(:i-a! ioiis ivgi:i.l;er. wi!h a i x ~ i r ~ i : ,' ,,. d 2, ,. %*! ,dj
,
fc: -' ,L

ing a date at 01.:nficr v~llichsuch draft wiii t,: !6;,j.c2:


%?
$
:
a,.
into consider;,tioii, and sild;. before rnaki;:g ill(; % b -
a laws or alterations, rcccivc a!id consider any c ~ b ~ c ; 1: ~ ~
Y
or suggestion which n12y bc 1:iade in respect or' .iic;!l
$,
L>s

draft by any person ii~iei-cstd tl~srein j t!:.


$:
date so specified.]
t -. - -- - - .- - * - -- - - - -- -- -- - -- - -- - - ..

1 This expression was insciaied by the Adaytat;c;t ", , .,I f i : ~ ~ - ~ l t )


' Order of 1950.
2 T11esewords wcre sv7~:;tjtt?f?4 Ert)r t l x word 1 t,:~ * 1 I,,

section 17 (1) of the rvfirf-lr.,:s i 3 i j t r i5:l Munici1,s)it;r~~i 1%; , . + ! I 1 j ;Ll\ ! , ! 1


Act, 1933 (Madras Act X V cf 193 ? ) ,
8This scctioi\ was s:rbstirr;:c.l ?i\'i.t' the o:-igi!;3l T P , . ~ ; , ? O !,,.
astion 126 of t ! l ~Tilrnj! y': 1,: ~ f ? r l n f ~ i p ~ i i . ~ '-,
I":*,'*';t.! ~, j~t.i,~~tm~x;?
Agt, i193Q(Tamil NaAu Act 3 c $ f tr'.i(;).
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1[310. (1) No bylaw or canoellatioa or alie . ;),

of a bylaw shall have effect until the same !haK.


1%~ &iy

been approved and confirmed by the %[stateGGJ >%

ment]. # . -#
, = ~

a by-law when it shall have been dduly


shall be published in the district gazette in
shall come into operation three months
been so p~lblished.]

Publication of rules, by-laws and regulation


311. Complete copies in English and in a
language of the district-
(a) of this Act,
(b) of all rules
under 3[clause ( I ) ) o
and
(c) o f all by-law3 Li ;,: fo; ths time
shall be kept at the municipal office and s
sold to t h e public at cost price.
312. Rgklations made by the municipal aut
under this Act shall be published in such
as the council ixay determine.
'This section was subst
by section 126 of the Tamii S
ment) Act, 1930 (Tamil Kadu
2 The words Provincial G
words " Local C;overnment "
the ~ v o r d" Sfare "ufds subsrit
t i m Order of 1950.
i l su
$This e ~ ~ s - t i o was
Itttcrs ''ciausas (6)and ie) of
Tamil Nadu Bbtricf .Muniai
Nadu A$t X sf !338)a

r- - - . -- .~ .-. ,. '
-A ."* .
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(b) conlravcnes :illy rule or ortier nlatlc ~j JI d ~ r


any of the spccifir.d sectiol~sor rules, or
(c) fails to comply with any dircciiol~Jnwfully
given to him or any requisition lawfuliy mzdc upon
him undcr or in porst1:lncc of the provitions of any
of tho said scctiolis or rulcs,
shall on conviction be punished with finr: which may
extend to the amount mentioned in that bchal t' in the
fourth column of the said schedule.
(2) Wllocver after having been conv ictcd of-
(a) contra\.ening any provision of t he sect ions
or rules specified in the first column of Echcdx:lc VI 1 I, or
(h) contra.vening any rule or order nl rcle tiizder
any of the specified scctiorls or rules, or
(c) failing to comply with any direction law-
fully given to him or any requisition in\~fullymade
upon him undcr or in pursuance of any or the said
sections or rules,
continues to contravene the a i d provisior: or to ncglect
to comply with the said direction. or l.equisition,'
as the case may be, shnl! on conviction bc punished,
for each day after the previous date of co?.iviction
during which hc coi~tinueiSO to ofT~li4,\i.lill fine
which may extend to the amount menti9nc.d i : ~ilu~t
behalf in the fourth columi~of tk.: said :,cilc.Julc.
ontries is, the :1
E.x~~/ac~rrtinri,-~iic-Ti.~ co iumn
of Scllcdules \'If and VLII headed ' YC-jcct ' ;KC
not intended as definitions of the otrcl?cc; c!c-:c.;ibsd
jn the soctiotm, sub-sections, or clnuccs ine~itioned
in fixst and ~eenndcohll'!?ns or FVC~Da f l b f r n d a
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LatestLaws.com
' ;3:.;,.
:-..,

'.
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

'[3141. (1) Whoever acts as a inember of a mun*


council knowing that under this Act or the
made thereunder he is i ~ o tentitled or has c
to be ell'itled to hold such office shall, on convic
be punished with fine not exceeding two hun
rupees for every such offelse.
(2) W!~oever acts as or exercises the 'funct
of the chairman or vice-chairman of a munic
council knowing that under this Act or the ru
made th.ereundv.r he is not entitled or has ceased
be entitled to hold such office or to exercise su
not exceeding one thousand rupees for every s
o ffencc.

(3) If the chairman or vice-chairman of a '

cipal council faiis to hand over any documen

or intersst in any contract or employment wit

. ~

. ,.,
. ... ,
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1920 :T.N. Act V] Ddslrict Municipdi/ies 8 17


I

or on behalf of the municipal council, he shall hc j


:ntnl deemed to have committed an offence unc!c~. scctiorr 1

:t XLV 168 of the Indian Penal Code : I


1860.
, -*-. --.. --':- :- -- --..- - . &"-;
' .*f
--** .-
-- -*,;-
d-
. ,- .
- .. .~ * *
. - * .
*

r shamholder i:i. pi rr.$rn3e; of, zny c;;np;n;, t;


held to be interested in any contract cn:ered intr,
between such company and the council, uolce:; k!c
is a director of such company :
'TProvided further !:x: ;~otNug in i 7 : i r s c ~ f : ~ ? ; ~
shall apply to a reacher implcryed b:: L ;T:L:V::~L~
council who? with the sa*lciior,of the '1 St?te Go~.c.ril-
mmt], enters jnta a rngtrzct with the .T??~L'~c'?:-!
muncjJ with r q a r t l to ihc i!tilizat.ior, % r ~i.? ~ur,;i'ie
of a school of any land or building ownsd b ~ rhim
or in which he has a share or interest.'j

316. (1) Every owner or person in charge of any Penalty for


velGcle or animal liable to tax under section 98 who ~takem i out
~ s i otot ~
omits to obtair~ a licence shall on conviction be licence for
punished with fine not exceeding fifty rupec:s and shall vehicle or
also pay the amount of the tax payable 'by him in animal*
respect of such vel~icleor etlirnal.
(2) On payixlcnt of suoil m e 2.od t:tx ant1 of
such costs as may be awarded, such owner or person
shall receive a licence for the vehide or animal i n
respect of which he hds been fined and for the period
during which he his :l;e)l Ak'cjundto be i!~ default.
(3) The provisicns of this sectio~l shall apply
to any person who, having compounded for the
payment of a certain sum under seetior. 101, fails
>
to pay such sum, and the amount due for a licence
$
7 shall in such case be taken as the amouat so com-
$
$ pounded for.
t
i
--- - ---
This proviso was added by section 129 of the Tamil Nadu
1
C.

:
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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LatestLaws.com

818

317. ff tbe construction


bujlding or well-
(a) is commenced withc
I !executive authority], or
(6) i s carried on or completed other
in accordance with the particulars on w
permission was based, or
(c) is carried on or completed in contrava
of any lawf i l l order or in breach of any pr
contained in this Act or in any rule or by-la
hero~mderor of aay direction or requisition
giver, or m2de, or
if any altirations or additions required
rz ;tit% issued under section 205 or section -
not uuly made, or
if m y person to whom a direction i s given.by "

the '[executive authority] to alter or demolish a


building or well under section 216 fails to obey suob .
direction,
the owner of the building or well or th
person, as the case may bc, shall bt liable o
viction to a fiqe which may extend in the
r buildig to five hundred rupees and in
of a well or hut to fifty rupee;, and to a
which may extend in the case of a buildiog
hundred rupees, and in the case of a well or
ten rupees,- for each day during which the
is proved to have continued afaer the first day
318. {I) In the absence of a written wntrad'to m.
thu contrary, every scavenger employed by the mimi;
cipal cout~cilshall be entitled to one month's noticd
before discharge or to one month's wages in. liand
thereof, unle~she is discharged for misconduct or
. was er~gagedfor a specified term and discharged at.
the end of it. . C

(2) Should any scavenger cmploycd by .,@-


caund, in the absence of a written contract autho-'I
k i n g bim so to do, and without reasonable arnss;:J. * ~b FS; 9*t.
-* > 2A&"
~ . ~ : %"+ "

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

from a date to be specified sub-sections


(1) and (2) ?+
r;
', ,F
f*
ovisions of sub-sections (I) to other
scavengers shall apply also municipal
f municipal servants whose servants.
cern the public health or

319. Every person who prevents the S[exect~tiveWrongful


authority] or any person to whom the '[executive restraint
executive
of

authority and
authority] has lawfully delegated his powers of entering his delegate.
into or on any land or building, from exercibing his . i

lawful power i f enterins thereinto or thercorr shall bc


k m e d to have c~inlmitidan offc~zce~r n ~ i e ~sldcti
. 011
:%si 341 of the irldiail Penal Code.
320. If any person who is required by tile prol/;~ionspenalty for
not giving or
of this Act or by ally notice or other proceedings givi,lg
itsuedunder this Act to furnishany information--- infomation*
( a ) omits to furnish it, or

( b ) knowing1y or licgligentl y runiishes false


. information,
such person slrall be liable lo a fine nct excctedji~g-
Rs. 100.
The words Provincial Government "were substituted for
the wor& " Lacal Government ' ' b y the Adaptation Order of 1937
and the word State " was substituted for " Provincial '' by the
Adaptation Ordm of 1950.
S Thew words were substituted for the word c.:.;t : n ~ '"
~ t it),~
wetion 17 (1) of the Madras District Municipa!ities (~1r.e.- 9-
mat) Act, 1933 (Madras Act 26V of 1933).
LatestLaws.com

8?0 District Mrmkipaliticr

XVI.-PROCEDUREAND MISCELL
CHAPTER
Licences and permissions.

licence or permission, fees may


units and at such rates as may be

The council may-

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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.-

0 :T. N.Act V] Distrfct Municipalities


(4) Every order of a municipal authority refusing,
suspending, camelling or modifying s licence or '

permission shall be in writing and shall ctate the


grounds on which it proceeds.

(5) Subject to the special provisions in chapters


X and XI1 regarding buildings and pri-date markcts,
and subject to such sanction as may be required
for the refusal of a licence or permission, ' [ . . 3
any licence or permission granted under this Act
or any rule or bjr-law izade under it zizy at any
time be suspended or revoked by the ?[executive
authority] if any o its restrictions, :imitations or
d
conditions is evade ,or infringed by the ;;railtee, or
if the grantee is convicted of a breach of In)! cf the
provisions of this Act, or of any rule, by-law or
regulation made snder it in any ma:tc1' to which
such licence or permission relates, or if the g:-antee
has obtained the sanle by misreprestn~t;ttion01. fraud.

(6) It shall be the duty of the "[crecutivc autho-


rity] to inspect places ill respect af which ;t licence
or permission is rquired by or under this iict, and
he may enter any such place bctween sunrise and
sunset and also between sunset and sunrise if it is
open to the public or any industry is being carried
on in it at the time ; and if he has reason to believe
that anything is being done irA any p l a c ~ without
a licence or permission where the same is req~~ired
by or under this Act, or otherwise than in conformity
with the same,he mav at any time by day or night
without notice enter such place for the purpose of
satisfying himself whether any provision of law.
rules, by-laws or regulations, any condition of a
l i c c n ~ or permission or any lawful direction or
prohibition is being contravened and no claim shall lie
against any person for any damage ot inconvenience
-- - ---- --- --- ---.--
1 The words " and to such appea.1 as may be pro lid& in case
of refusal " were omitted by section 130 (iii) of t ~ i eT:lmil Nadu
District Municipaliti~s(Amendment) Act, 1930 (Tamil Nadu Act
X of 1930).
8 These words were substituted for the word chairman " hv
geetion 17 (1) of the Madras District Municipalities fPnw@
-nt> k t , 44833 (Uladras Act XV of 1933).
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(7) When any licence or permission is suspended


or revoked, or when the period for which it was
grimt:d, or within which application for renewal
should be made, has expired, whichever expiree later,
the grantee shall for all purposes of this Act or any
rule or by-law made under this Act be deemed to
be without a licence or permission until the ord
pending or revoking the licenw or permissi
cancelled or, subject to sub-section (1 I),
licence or permission is renewed, as the ca:
be.
(8) Every grantee of any liceuce or permission .
shall at all reasonable times, while such licencece'or
pelm;ssion remains in force, produce the same at
the request o f the l[executive authority.]

(9) Whenever any person is convicted


offence? in respect of the failure to obtain
or permission or to make a registration
by the provisions of this A.ct or any rule or by41ai
made under this Act, the magistrate shd, in addition
to any fine which
marily and pay ov
amount of the fee chargeable
mission or for registration ;
cretion also recover summaril
cow d l such amount, if any, as he may fix
costs of the prosecution].

1 These words were substituted


rection 17 (1) of the Madras District Municipalities (A
Act, 1933 (Madras Act XV of 1933).

a These words were added by section 130 (iv) o


District Municipalities (Amendment) Act, 1930
X of 1930).
- l - Y - ____
.; *

, . !*. .
A.
*
I
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LatestLaws.com

(10) Such recovery of the fee ucder sub-section


(9) shall not entitle the person convicied to a licence
or permission or to registration as kfi~rc,nid.
(1 1) The acceptance by the municipal council of
the pre-payment of the fee for a liceccz or pcrmission
or for registrdtion shall not e~titlc1 1 1 ~pt:rsorl making
such pre-payment to the licence or ~?:rsi~;jsion or
to registration, as the case m y he, but only to refund
of the fee in case of refusal of the !icc"~~ck: cr permis-
sion or of reyistration ; but an spplicnl~t f ~ rthe
. renewal of a ilcencc or perinisnon or i-csidration
shdi un ti1 comrn~lnicntio~l of orders on his 2 pplicat;-q
be entitled to act as if the licence pcl-li ,. v f ~ or
n
registration had bccll rencwcd ; and s2vo na otl:erwise
specially provided in this Act, jf ordtrs on :In appli-
a t i o n for licence or permission or for rceistration
are not 2[received by the applicant within slxty days
after the receipt of the applicztion] by the 3[executive
- authority], t l ~ eapplication shall be deemed to have
been allow& for the year or for .,u(:h !e?s period
as is mentioned in the applicatiuil, and s~ibjcct to
the law, rules, by-laws, regulations and all conditions
ordinarily imposed. I

- - - I _ - P-- .-- I-.--- --._ ^_ .

This expression was substituted for the cxprcssion " commuai-


to the applicant within thirty days af!er the recdpt of the
appljmtion " by sation 3 (ii) of the Tamil N%du ' .ocnl 9uthorities'
bvs (Ammhnentf Act, 1974 (Tamil Nadu 4c t .~9of 1974).
-4" . LatestLaws.com
LatestLaws.com
L 'I & .n*b
t I '

322. (1) An appeal shall lie to the c~mcilfro


( a ) any notice issued or other acti
or proposed to be taken by the '[executive

water-supply or 1&t& mains ; or


\

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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323. In any case in which no time is prescribed by timitatlon


le foregoing provisions of this Act f o tl~:c presentation time
**? of an appeal allowed thereunder, sucli appeal subject appeal.
~trar to the provisions of section 5 of the Indian Limitation
Act, 1908, must ' [be presented--

(a) where t'le appeal is against in1 order granting


licence or pe~missjolu,within thirty days after the
?z. date of the aui!licatiod of the orciir 0; ihr notice
board of the m ~ i n i c i ~council,
al and

(b) in other cases, within thirty days after the


date of the ~eceiptof the order or proceeding against
which the appeal i s made.1 -A

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 .

' su'erintendinlr oEce;s hvldian any cnrqr;jrics into CO3dUCt $lag-a


a8 CICGLiUI5
&~itttersfdb: within the scoG of iheir duties shall other
-- -
have for the p;rposes of such enquiries :he same powers pnqu'ries.
in regard to the issue of summonses for he attendance
of wTtnesses and the production of documents as are
conferred upon rel7enl~e officers by the 2[Tmtil Nadu]
"-.mil Revenue Summonses Act, 1869, and the provisions
1111 of sations 2, 3, 4 and 5 of that Act shall apply to
CtIII summo~~sesissued and to persons sunmoned by
virtue of the powers conferred by this section ; and
ail persons to w:hom summonses are issued by virtue
of the said ~ o i 911,1!
~ ~ be bo~md
~ s to obey soch sum-
monses.
-

lTht:.;c wo7.d~Ir,d letters wcrc sub?jtjf\i:~~(; for I ~ wwds


C &'be
preseliied witllin thirt) d ? ys al:rr the d8.e of' 1:~iyi i;f kip order or
2.4

, r , ~ ih'; aiypril i t r n d c " Sg n : ; t I 132 of the


p r o c e r , d i n ~ ~ p i pal:icf
Tamil Xtdu Dislia;c. M ~ , i , ~ j ~ . : i i(I'+n:e,~ldn
,i,~ - t /!(it. 1930 ( FanGl
Nadu Act X of 1930).
%Thesewords were substitufe:d lor the \scrcl 's Madras" by tk2
Tamil Nadu Adaptctinn of 1 . z Order, ~ ~ 39f?, ,m(i.e-6 1;j +he
T a ~Nadu
l Adaptation of Laws (Second Amsrldmcnt) Order, 1969
which came into force 011 5 he 14th January, 1969.
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325. The '[exmtive authority may


r I

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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1920 : Act V] histrict .kfu??icipa/itie6 827


illi.g .
a*
.*r
of &strict iu which the muddp~~lirv is s i t ~ i s t ~ ~ l
' V . . L VJ * z - x r r % u ~ u ~ (

+f both in English aud in a vernacular IangUap of the


' [Provided that the '(State) Goverrlment 3haf1
have power to direct that any such nothc,,ion -

E~4.k.k97, - . ~ = s ~
-.
(i) shall be published in the said rszi.:?e either i n-
- ~- . -. r- - -~ ~
-
..- g
,~ ~
--r
2 - A :a>
+

(ii) shall, instead of being prblished in the said


gazette, be published in any other manner specified

&
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

the council, be written in, or trahsiated into. t& O!


vernacular of the district and deposited at the munici-
pal office, and a copy shall be posted up in u conspi-
cuous positior :it ~ ! c hoffice and such other places
as the council m3.y direct. And a pulblic proclamation
shall be qade througttout the rnuuicipafitv by- beat of "

drum that such copy has been so ijosted up and that


the original i s open to inspection a t thr' municipal
office.
330. Whenever tnc rnunicitjal council shall. I; ave NO^ ice or
set apart any place for any purpcrse ai~thorized by i3vdibitio"
Sctting
this Act or st.sll h:ivc prolubilcd thc doing of any- or apart of
thing in any pbcc. the "executi\ c authoritv] shall places.
forthwith cause to hc put up a rloticc in ~ n ~ i i and
s h in
a veri~acularknguagi of ihe district at o; near such
-place. Such notice shall specify the purpose for which
t such place has been set apart
- or ihe act -prohibited

.,;.'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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(a) by giving or tendering the said


to such person ; or

(4 if none of the means aforesaid be availab


by "affixing the same on some conspicuous part
of such place of abode or business.

fixed within which any tax or other sum is to be pa


or any work executed, or anything provided, su
period shall, in the absence from this Act of a
distinct provision to the contrary, be calculated fro
ti. - date o f such service or sending.

These words were substituted for the ward "chairman"


section 17 (1) of the Madras District Municipalities (Ameadm
Act, 1933 (Madras Act XV of 1933).

3 These words were substituted for the words or form "


4s

'"I
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w -
.^*,""
5 , -

O:?*N*Ac( V1 e Dlsiricr M # c ! c - ~ ~ - * k ~ 2 *G?9


52
.+'

,
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

nadir tbjs Ac; 2 : 5ut nc:


- . a-
tkm,,,
I , 3 Q ke : d ;: r x c t s: C:t
<t ~ 7 1
*

from $ 3 0~3 f i z r ill: av


d r d t ! ~the
~ (31jii
the rent then or thereafter due by him to the owner.
333. (1) If the occupier of any bi1ildir:g or land Qbstr~lftionof
prevents the owner from carrying into effect in respect owner by ' 1'
thereof any of the provisions of this Ac,t, Pie '[execu- . 6'
tive authority] may by an order requilt: the said A

occupier to permit the owner, within eight days from .*3


r .i
'
the date of service of such ordei., to cscc~ltcii!l sach A
: z

works'as may be necessary. 3


k/%

(2) Such owner shrtll, for the period during which % 2


he is prevented as aforesaid, be exempt from any =LN ~i
fine or penalty to wl~icl?hc might othp:~wisc have -7

become liable bjr reaccn of default in cxecl!!irrg such t

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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830 District Mtcnicivalities 11920 :T.N. Act' Y::;:$i

- --
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,

pipes or meters, or to execute any other work which .-%, eV,:


i s authorizd by tile provisions of this Act or of any , *sgi#It I

rule, by-law, regulation or order made under it, or 1 ct.tja


<.q
which it is necessary for any of the purposes of this ' ,q!%
:?.fsy%>
,

Act'or in ~ursuanceof anv of the said ~rovisions,to


*?

.
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,- %-

(c) sufficient notice shall be given in every case '.l5


even-when any premises may
without notice, t~ enable the inmates of any ap
appropriated to women to remove to some
the premises where their privacy may be pre
( d ) due regard shall be paid, so far as m
ct>iiipaiible with the exigencies of the purvose o
entry, to the socjal and-religious usages df the
pants
- of the premises.
336. (1) The lSexecu~ive autl~oritvI or anv D ------II A
i
: :,
$
authorized byhikinthisbehalfm~y'withorwithout a 'I

assistants or work me:^ enter on any limnd adjoining or (:


within fifty -
- yards of anv work authorized hv thic
Act or by any ru
under i t, for thc
any soil, grave! stsllc. or other innterjalg or of obtaini
access to such vjol.k, or for any other purpose connecte
with the carrying 011 thereof.
-
% These words H zrc substituted for the word cbajmm *
s tction 17 (1 ) of the Madras District Municipaljties (AFPWII
Act, 1933 (Madras Act XV of 1933)
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District Mvnicipa1Btic.s 83i

@+. (2) The '[executive authority] 0:.ur.rson outhori- I

wrm zed by him 3 3 afbresnid, shall. b::?br:: cntcring


'd#
'.A"
?"
(11,
OR any land under s 3 5 - ~ e c t i ( ~ n gikc the [ ' ~ . i l i or
)~
fis+ r-
occupier three days' previous notice of ihe i ~ t ~ : ri:i ~ j i ~
to make such entry, and state the purpose tile~eof,
and shall, if so required by the ownor or ocncpiar
I"
, i
>'
fence off so wuch of the land as may be. rcquired for
$4, a-r
+..!c +,.
<$,.<$ .
such purpose.
.&' 1
.i.:-
r .

(3) The '[cxecut;vc authority] skzU ;:oc he bcund


to make any p a y m ~ ! tcildcr
, or deposit befi~reentering
on any lend under sab-section (l), tju! as lit t!c damage
as may be shall be done and the '[executive auihority]
shall pay oompens;3tioi1 to the ow2er or occupier of
the land for such eatry and for any ttetnporary or
permanent damage: that may result therefrom.
* <

(4) If such owner or occupier is dissatisfizd with


the amount of compensztioll paid to hixn by the
llexecutive authority] he may appeal to the council.

337. The l[executive authorityJ' or aily person autho- Inspection


rized by him in this behalf may examine and test the rand stamping
.,,,,,,,
of weights
7 I

). weights and masures used in markets and shops in and


the municipality with a view to the prevention and
punishment of offences relating to such weights and
Central measures under Chapter XI11 of the Indian Penal
,of 1860. Cod,.

Power to enforce licensing provisions, on lers, et c.


338. If, under this Act, or any rule, by-law or coo~equenc.:s
regulation made under it, the licence or permission of failure
obtain tc
licemes,
of the council or '[exccut ive authorityJ or registration etc., or of
+v
in the municipal o@cc is necessary for the doing of breach Same-
of
F , any act, and if such act is done withour such licence
a
%Thesewords were snbstitut:d for the wrrd "chnirnla~~"by
sation 17 ( I ) of the Madras District Municipslitics (Aincnd-
-t) Act, 1933 (Madras Act XV of 19331.
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or pen lission or registratio4 or in a mann


sistent with the terms of any such licence or pe
(a) the ' (executive authority) may by

(b) if no penalty has been specially provided i


this Act fbr so doing such act, the person so doing
shall 5e liable on conviction before a magistrate to
line not exceeding fifty rupees for every such offe;nce.*

execute any work or to take any measures or do


. thing a reasonable time shall be named in such
-7~isition or order within which the work s
executed, the measures taken, or the thing done.

coapfied with within the time so named


'[executive authority] may cause such work to
executed or may take any measures or do anyt
which may, in his opicion, be necessary for givi
effect to the notice, requisition or order as afo
(3) if no penalty has been specially provided
this Ast for failure to comply with such notice,
said person shall be liable on conviction befo
magistrate to a fine nat exceeding Wty rupees
o=vc.lysuch offcnce.

the person or any one of the persons to who


occupier' notice, :equisition or order aas addressed, and
--
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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

property, as it falls due, ~ p the o amount recoverable


from the owner under sub-section (1) or to such
smaller amount as the '[executive arithoritp] may think
proper ; and any amount so paid shall be deducted
from the amount payable by the owner.
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.

341. (1) When any porson by reason of his recei- Relief to


ving the rent of i m ~ v a h l . ;nrooerty as agent, tl-ustee, agentatld
trusteosa lo
guardian, manager or receiver, or of his being agent,
trustee, guardian, manager or receiver for the person
who would receive the rent if the property were let to a
tenant, would, under this Act, be bound to discharge
any obligation imposed by this Act, or any rule. by-law,
regulation or order made under it on the proprietor o f the
rd
+- 'These words were substiluted for the word " chail-nlt~n" by
i section 17 (9) of th9 Madras District Municipalities (Amend
rncnt) Act, 1933 (MaQcas qgt XY pf 19331,
125-13-53
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act or default, might have had, in his hands


belonging to the proprietor sufficient for the p e
(2) The bwdm
-
> -
of -proving
-
the facts en
person to relief under this section shall lie on
(3) When any person has claimed and estq
his right to relief under this section, the I[
authority] may give him notice to apply to the
of such obligation as aforesaid the first
which shall come tio his hands on be
for the use of the proprietor ; and should he
comply with such notice he shall be deemed
personally liable to discharge such obligation. .

342. insteild of recovering any such expanse


aforeaid in the niarlllar p~ovided under section
the [executive authority] may, if he thinks fit,
an ai,reement from the person liable for the pa
thereof, to pay the same in instalmmts of such a
and at such intervals as will secure the pa
of thl: wholemamountdue, with interest thereon
rate of uine per centurn per annum , within a pe
not more than five years,

Payment of con?pensation, etc., b y and to the


mlmicipality.

343. In any case not otherwise expressly provi


for in this Act, the '[executive authority] may,
the approval of the council, pay compensation t
person who sustains damage by reason of the ex
by any municipal authority, officer or senant of
of the powers vested in them by $his Act or
3ther law, or by any rule, bylaw or regulation
m&r it.
.rr^lllllF

(These words were substituted for the word 66


section I f ( l ) of the Madras District Muniojpaligis
ment) Act, 1933 (Madras Act XV of 1933).
-- - ,---
O * = a %
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ION : T.N*Act Vj District M.,dnicipnlitiey


3 4 4 6 All costs9 damages, '[penalties].' compcllq- Rrrontp ol
tion, charges, f ~ (other
s than school f-1, rypenses, sum due, P.J
rats (not being rents for lands and bui!dngs demised
,,,
by the municipal council), contributions a ~ l d other
sums which under this Act or any otha law or rules

made, a suit might first have been instituted, or pro- ,


secution might first have k e n commei~ced,as the w e
may be, in re~pect of a ~ c hsum.
346. If any property, movable or immovable, is sold Procedure in
with
under the provisions of this Act, and if their: is a sur- dealing
surplus
plus after the sum due to the municipal council and
the costs have been deducted from the sale-proceeds,
such surplus shall, if the owner of the property sold
claims it within six months from the date of the sale,
be paid to him by the "executive authority] , but if
no such claim is preferred within wch time. the said
ourplus shafl be credited to the munic;p2.l fund, and
no suit shall lie for 6ho recovery of aay Film so
--- - -____

a These words *,vcre suksiituted for the ~ o r d s '.drainage or


,cnvengir," by section 136[ii). ibid.
a These words were st~b~eituted for the word. ''sp:c~aF provision
for their recovery contained in this Act" by ihid.
4 This word was substituted for the words ''in those rules" by

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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836 District Mnrnicina,li~ies [I920 :T.


Persons
2mpowcrcd
347. l[ ..
.] 2 [ S a ~ e as o*herwise expressly
to prp-"cute. 2rovided in this Act, no court shall take cog;;izm*
of any offence] against the provisions of this Ad,
or of any rule, or by-law made under it unless oqm-
plaint is made by the police, or the "executive authori-
rity] or by a person expressly authorized in this be-
half 1.5' the council or the 3[executive authority] within
three months of the comrnissio~of the offence.
But n~tlaingherein shall aff': the provisions of the
*Code of Criminal Procedure, 4[1898] in regard. to:
the power o f certain magistraw to take cognizance 1
of o ffeilces upon information received or upon their
own knowledge or suspicioli : ' ,

Provided that failure to takc out a licence,


permission or secure registration under this A
for the purposes of this section, be deemed a
offence until tihe expiration of the perio
for which the licence, permission or regis
req~dradand if no period is specified, co
be nade at any time within rwelve months
corrur~encernentof the offence.
.<*+ . , 7 :
f*,

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 '

to 70 (both inclusive) o f the Indian Penal CodaqP:j$ii:4


CI-

The words "Save as provided in section 59" wcr


by section 137(i) of the Tamil Nadu Bidrict Mu
(Amendment) Act, 1930 (Tamil Nadu Act X o f 1930).
4 These words were cubstitutcd for the wards ' 'No
shall be tried for any offence" by section 22 of the Madra
Municipal Corporation and Distl ict Municipalities (Arne
Act, 1952 (Tamil Nadu Act 10 of 1962).
3 These words were substituted for the word "cha
section 17 ( 1 ) of the Madras District Municipalities (A
A C ~ 1933
, (Madras Act X V of t1)S3).
* These figures were inserted by secti
Nadu TJ istrict Municipa!ities / Amen&me~
Act X o f 1935).
* See now the Cgdc of Qirqiqrl
Agt ? 01 $9741,
- --.-"----
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'[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

i municipal council to be applied to the purpom of


this Act.] I

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

be instituted against the municipal council, any muni- I )

cipal authority, officer or servant, or any person acting municipal , ..,>i

under the direction of the same, in respect of any act ~ ~ [ ~ ~ ~ "L,v,

%
' .$

done in pursuance or execution or i~tendedexecu- , .$:$


tion of this Act or any lule, by-law, regulation-- or
- , Fd
'#w
E-

.'-$
1 This sub-section was substituted for the original sub-l:ection $ & ?llF

by section 138 oft he T.imil Nadu District Municipalities (Amend- , &*


,,, ,
-
ment) Act, 1930 (Tamil N.2J U Act X of 1930). I tl

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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order made under it or in respect of any alleged.:+heg-


@'+
3* or defa~ltin the execution of this Act, or any:,hlt)$
by-law, regulation, or order made under it until.i@e
expiration of one month after a notice has been .'&Ii-
v&ed or left at the municipil office or at the
abode of such officer, se~vantor parson,
cauu: of action, the relief sought, and the
the place of abode of the intending plaintiff ;
plaint dull contain a statement that such '
been so delivered or left.
jxz
(2) Every such snit shall be commenced .withiqiisix six

months after the date on which the taus? of adion


FC
-Ti

atose or in case of a continuing injury - -


or damage
during such continuance or within'six months aftk
the ceasing thereof.
(3) If any person to who in any notice is given under
sttb-sect ion (1) teriers amends to h e plaintiff before
$,$: the suit is instituted, and if the plaintiff does not recover
in any such action more than -the amount so tendered
, he shall not recover any costs incurred after such
.
' 4 .
&%,
p - tender by the person to whom such notice has
P'
given, and the defendant shall be entitled to cost
8.: from the date o f tender.
5-4:
(4) Where the defendant in any such suit is
~2~
J. chairmas, the executive authority, or ] n m
? officer or servant, payment of the sum, or any
$I any sum, payable by him in, or in consequence
;$-$!$
d ' ~
,l(i
4 .
suit whetl~.erin respect of costs, charges,
'r
, ,
compensation for damages or otherwise may be ma
v$ with tbc' sanction of the council, from tho mmid
fund.
85-
g > ~$.' + a
c
t rision 351. The e[executlve authority] may-
,,.,-,- 1, etc.,
1

(a) fake, or withdraw from, proceedings a@mt+&<


. "".",,
of civil and. any person who commits- +.*,y,&
la1
8 and (i) any offence against this Act, the n$
;, ~ b of m by-laws or regulations ; 4
--
*.
. " lagal advice.
t5 LI-
:
!$, ..
,q*

+,, ,'L These words were substituted .for the words "the c
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-

.Act VJ District M~nfc&alXes 839


(ii) any offence which affects or is likely to
t any property or interest of the municipal
uncil or the due administration of this Act i
(iii) any nuislnce whatsoever ;
(b) coinpound ary offence against this Act, thc
rules, by-laws, o i regulat ioi~swkch may by rules made
y the '(State Govenlmn~t)be declared compounds blc ;
2[(~)] with the approval of the council take, with-
draw from or con~protniscproccedii~gsfor the recovery
of expenses or compensation claimed to bc J i ~ eto t l ~ c
municipd co~lncii;
2[((n] with the apyrov:~l of th- couilcll a-ithdr:lw
or compromise any cla,i~i~ against aoy pe;cgn in res-
pect of a penalty payable under a cc?ntr:lcl entered
into with such person by tllc 3Cexecutive authorityl ;
I[(e)]with
the approval of the council, defend any
suit or other legal proceeding brought against the
municipal council or against any municipal a u thou L, ,
officer or servant, in respect of anything done or om it-
ted to be done in itc or his official capacity ;
vji th the approval of the coufici i. C O J I I ~ I - O -
2[(f)]
mise asy claim, suit o r kg01 proceedings hrought
against the council or against any rnunicil)al autho-
'
rity, officer or servant, in respect of anytl;ir,g done or
omitted to be done 2 s afore-wid ;
with the a p p r o ~ dof the council, inslitute
2[(g)]
and prosecute a.ny suit or withdraw from or conlpro-
mise any suit or claim, which has been instituted or
made jn the name of the ~nunicipal council or of the
3[executive authorit yl ;
___---_ --I_- --- --A .*---.,

1 The words 'bProvinLialGovcrnmcnt" were substitu~cdfor t hc


words "Local Governmelit" by rhc Adaptation Order ni' 1937 arld
the word "State" was substituted fnf "Provincial" ' 5 tilt Adapta-
tion Order of 1950.
2 Clause ( c ) was omitted and c l n u ~ c s( d ) to ( i ) wire r elettcred aii
clauses (e) to ( / I ) hy section I ?9 or (fie Tamii Nadu Diitrict Munici-
palities (Amendment) .$ci 17.>0 ":.t>?i1 N:~duAct >; of if'301.
8 These word? were suhstit i~tedfor the ward "chairtiian" by
section 17 ( 1 1 oP the Madras District Municipalities (Amendment)
Act, 1933 (Madras Act X I r of 1 9 3 3 ) .
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'-.
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k40 District Muni


l[(h'j] obtain such legal a
may from time to time think
to obtain, or as he may be
to obtain, for any of the purposes mentioned in
foregoringclauses of tl6s s
lawful exercise or discharge
ing in or imposed upon
municipal officer or servant.

2[351-A. The election authority may defend


self if sued or joined as a party in any proceeding r
lating to the 3[
conduct of elections,
and the expenses incurre
in so doing shall be pa yatde from the munici
fund.]
* ,
"f '

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.

353. (1) The 6[chairman, every councillor, and the Li:~bilit>of


executive authority1 snail be liable for the loss, waste, $22::;
or misapplica~ion o i any money or other property executive
owned by or vested in thc municipal council, if such authority for
loss, waste or n~isapplicationis a direct consequence loss waste, of
mis~pplicrtion.
of hisneglect or nlscollducr and a suit ior compen-
sation may be instituted against him by the council
with the previous sanction of the 2[State Government]
or by the '[State Government].

(2) Every such suit shall be commenced within thi-ee


years after the date on which the cause of action arose.
----.----- ---
1 These words were inserted by section J 41 (i) of the Tarnii
Nadu District Municipai it ies (Amendment) Act, 1930 (Tamil Nadlr .
Act X of 1930).
a The words~ProvincialGovernment9' were substituted for the
words " Local Government by the Adaptation Order of 1937 and
t h e word "State" was substituted for "Provincial" by the Adaptation
Order of 1950.
8These words werG substituted for t h e wolds "or any
municipal chairman" by scctior~ 17 (2) of the Madras District
Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).
$These words were substituted for the words 4 ' d i ~ ~ e c ~oi of any
n
municipal chairman" by ihid.
a The words '.or a n y other law" werd omitted by section 141 (ii)
of the Tamil Nadti District Mr~nicipalitiesIAmerdmcnt) Act, 1930
(Tamil Nadu Act X of 1YO).
6 These words wcre suhsti tutcd for the wo--ds "chairman and
every councjllor9' by section 17 (2) of the Madras Dist~ict Munici-
palities (Amendment) Act. 1933 (Madras Act XV of 1933).
r ~ h e s ewords were substituted for the words " Secretary of
State fort India in Council" by the Adaptation O r d e ~nf I937 aa
w n d e d by the Adaptation Order of i950.
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the executive authority) is accused of any o


alleged to have been committed by him while
or purporting to act in the discharge of his
duty, no court shall take cognizance of such o
except with the previous sailction of the '(State
ment).]
Assessments, 354. ( 1 ) No assessment or d c n ~ a i dmade, and no !
etc,,notto charpt- imposed, ilnder the authority of this Act shall
be impcachcd.
he impeached or affected by reason of any clerical
error or by reason of anv mistake (. a ) in respect of 4,+i
9 --

the name,- residence, place of business or occbpation .>.ivt


ofany person, or (6) in the description of any prop I
or thing, or ( c j in r :spect of the amount assess
demanded or ~harged: provided that the provisio
of this Act have been, in substance and effect, co
plied with. And no proceedings under this Act s
4[merely] for defect in form, be quashed or set a
by any Court of Justice.
(2) No suit shall be brought in any court to . ;
recover any sum of money collected under the auth
rity of this Act o r to recover damages on acco
of any assess'ment, or collection of money made un
the said authority :
Provided that the provisions of this Act --

been, in effect, compliedawith. ,*


(3) N o d'straint or sale under this Act shall be':'!
deemed unlav~ful,nor shall anv nerson - - --- makino --b ,.;
u t -..-'"-c-u

same be deemed a trespasser, on account of any e r r ~ , ,.


defect or want of form in the bill. notice.' schedule
--- i - +a
'This section wae inserted by section 143 of the Tamil
District Municipalities (Amendment) Act, 1930 (Tamil Nadu
of 1930).
$These words were substituted for the words "chairman o
council lo^ '' by section 17 (2) of the Madras District Municip
(Amendment) Act, 1333 (Madras Act XV of 19333.
a The words "Provincial Goverment" were substituted
words "Local Governnwnt'' by the Ada~tationOrder of 19
the word "State" whs s i bstituted
~ for "~rovinci,.
al" hv ..., ,,,
,, the
tion Order of'1950.
4This word was inserted by section 144 of the Tamil Nadr~
trict Municipalities (+rnendment) Act, 1930 (Tamil
193U).
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l l * i

, "::,
'i

summons, notice of demand, warrant of dis- .,


tramt, inventory, or other proceeding relating thereto
4 I

if the provisions of this Act, the rules *and by-laws


have in substance and effect been cclnplied with :

Provided that every person rrggrieved by any


. irregularity may recover satisfaction for any special
damage sustained by him.

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]'

.s ( b ) [to assist the chairman. ~ h cexecutive


,;iy authority ] or any municipal officer or servant reason-
, *'(
.-
-$,
&%
ably demanding his aid for the lawful exercise of any
$ power [vesting in the chairman or the executive
$6 authority ] or in such municipal officer or servant
under thii Act, or any such rule, by-law or regula-
tion, ' [ . . I .
* * " 1
- -
----..- -
. . ---. .- -- - . ..- -
l n i s word was inserted by Schedule I to the T,arnii Nadu Motor
Vehicles Taxation Act, 1931 (Tamil Nadu Act I l l ~f 193 1 ) .
JThese words vere ,oub*fittltect for the word! " a s s i s t the
chairman" by scction 17 (2) of tbe Madras Districl Municipalities
(Amendment) Act, 1933 (Madras Act XV of 1933).
aThese words were srthstituted for the words "vesting in the
chairman " by Ibid.
rme word " and" was omitted by Schedule I to the Tamil Nadu
otor Vehicles Taxaliolr Act, 1931 (Tamil Naclu Act lJ1 of 193J),
lause (c) was omitted by ibid.
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District Police Act, 1859.

declines to give his name and address, or give


name and address which such officer has reason

(2) No person arrested urider sub-section (1).


shall be detained in custody---

( a ) after his true name and address are ascer-


tained, or

( b ) without tile order of a magistrate for any


los~gertime, not exceeding twerty-four hours from ,
the hour of arrest, than is necessary for bringing
him before a magistrate.

,;* 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 ,

servants. poses of this Act and of the '[Tamil N


L
.-
v I
*
Towns Nuisances Act, 1889.
s
Act I1
*. I
%
t*
'These words were substituted for the word "Madras"
Tamil X~';tddAdaptation of Laws Order, 1969, as amended
Tamil Nadir Adaptation of Lqws (Second Amendment)
1969, which came into force on the 14th January 1969.
a The words "Provincial Governmentv were substitutk
words ''Local Government'' by the Adaptation Or
the word "State" was substituted for "Pzoviacial"
tron Order of 1950.

>,%% :
-2.
.
'
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----- -----

0 : T.N. Act V] Dbtreicr A ,4!iicil;cilitic.c 845

358. Ever; I i i ~r . L , ~ , I . - . - .'%ypi<.I . ~ Q G


\.
,;\
L?, ,t,i,,,

contractor or ageiit for the collection of a n y mu1;ici. .rl;l,lic


pal tax, 1 f'ce or other sum cl~.,c to the x i I ant' to
; municipal council and every person employed b? i1'unicip2il
f f : i ~ r q agents
1 ,
such contract~ror agent for thc collec:i~)r~r.r' s r c ! ~,,d .ub.agsnts.
tax, '[ 1 fee or su113 shall be deancd t o bc
ral a public servant within the meaning i'f gcctioil 2 1 1.f
XLV the Indian Penal Code.
360. -

359. No person allall obstruct or rnole,st thc council, P~hibiticn


gr inst
the '[chairman, any councillor, the executive authority], aobslnlc,ion of
or any person employed by the municipal council cr municipal
- 3[any person with whom a contract has been entcred a~itllcritie~,
into on behalf of the councjl] in the performilncc of scrtnnts and
Go,l:mctors.
their duty or of anything which they are empow~ercd
or required to do by virtue or in consequence oi t h i s
Act or of any by-jaw, rule, regulation or cXldcA- n?::c'ta
under it.
360. No person shall rem.ove any rn;lr!c set i:p ic?r t l ~ cPl@!li""i@"
ilga ' n s ~
purpose of indicating any level or directian incidental removal of
to the execution of any work authorized by this Act mask.
I
or by any by-law, rule or order made under it.

361. No person shall, without authority in that ?*a Prohi bitiol~


inst
behalf, remove, destroy, deface, or otllerw ise obli- removal
' or
terate, any notice exhibited by, or under tlle orders obliteratio~lU I
of the council or the 4[exec~~tive
authority]. not ice,
- - -_ - - ..__-". .. -__-____
1The word "toll7' was omitted by Schedule T to the Tar~tilNaclu
Motor Vehicles Taxation P-ct, 1931 (Tamil Nadu Act 111 of 193I).
2Thcse words were substituted for the words ''c11:~irn~:~~.
anv
councillorwby section 17 (2) of the Madras District Mulli-
cipalities (Amendment) Act, 1933 (Madras Act XV of 1933).
aThese words were substituted fgr the words "any person with
whom the chairman has entered intoacontract on hchalf of the
council" byibid.
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846 bistricr Municipal fties

362. No person shall, without authori


behalf, rmnove earth, sand or other material or
any matter or make any e
on any land vested in the m
estuary, canal, backwater or w
private property) or in any way obstrwt the s

[State Governments], Power of delegat


363. 2[(1)] The '[State Government] m
cation authorize any person t
more of the powers #[vested in
'[except the powers mentioned in
the power to determine the amo
under section 156, tht power to make
sub-section (2) of section 77-A
305 and the power to sanction prosecutio
section 353-AJ and may in like manner
such authority,

8[(2) The exercise of any powers delegated


sub-section (1) shall be subject to such restri
and conditions as may be prescribed or as ma
specified in the notification, and also to control

I The warps ' ' Provincial Governmertt '' were substituted


words " Local Govcrnrnent " by the Adaptation Order of 1
the word " State" was substituted for " Provincialw by the
tlon Order of 1950.
=The or-ginal section 363 was re-numbered as su
thereof and sub-scctiotl (2) was added by section 26 o
District Municipalities (Third Amendment)
(Madras irct XXXVTII of 1942), re-coacted per
specifled ni~odirScationr by section 3 of, and the Schedul
Nadu Re-enacting (No. 111) Act, 1948 (Tamil Nadu A

a These vrords were substituted for the words "vested in


by the Schcdule to the Tamil Nadu District Municipalities (A
ment) Act, 1930 (Tamil Nadu Act X of 1930).

"I'hese words and figures wer


figures '' except t bme mentioned
145, ibid.
. .- .. . ..
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20 :T.N. Act \ ? District Mui~'cipsirii~.r 847


revision by the '[State] Governmrnt or 114 s u c i ~1,ti sons
as may be en~powered by them in tili:\ bt;h:ilf.
The '[State] Goveri~ment ahall also li:ive pl )\LO- to
control and revisi: tlic acts or piocccdiilg, or any
persons so ernpowcred.j
? k f / ? ~ i l ~ ( ~ j ? ~( /i / l ( / l/'(ff l . ~ i l ~ / > ? $*,;
f?),{j i'ot I,!.

364. All p~.opd~.ty. ;ill rights of wiiatc\ cl- - kinds rascilig of


used, enjoyed or pcisscssed by, and a:! i !I ttxi.t;\,i 5 f' ;.~gbts
j3~''pcr~t~ alld 1.)

whatever kind owncd by, or vested in oi hcld ;i?t~-i!<,t ,,,:! icipalj(y


to
by, or for, a rnut~ici!~sl council, as i::.:lltitrrlbcl ~lt-~dct
rccrnstituted.
the Madras District Mur~icipalitiesAct. 1884. \ ~ i as 1
of all liabilities legally r,itbsisring agains~lljc said ~otiilcil
shall pass to the council as constituted under ibis

365. Tlzis Act shall come illto force o i l s ~ l c hdate a h Con;i;,encement


the 2[State Govesnmcrit] may by ncitilic: ti[)n di rolt : of Act.
Provided that the po1ver to make or a;>pro\,e ~LIIL'S,
by-laws and rrg11i:cti(lns mav be rxeici:ed i;t any
time after the pliblicatiol~of the asse:?t o f i I!c G ~ ) v c Y ~ I o ~ -
General under sectltiil r3 I of the Gc~vel-~araer?t India clk'

Act, 1915, and t h d ally electiorl or i~ppi,l!?tii~i:i~t of


chairman, or ~ounf:ilto~.s it17de1-this Act. (11- irr~dcrthe
rules made under this Act, may bc I!cld ot- n~itdeat
any time after sucll publication, but nu such election
or appointment shall take eFect until the commence-
ment of the Act.
366. In their application to the term of office and Continuance
the election and appointment of councillors and the in office of '
chairman elected or appointed for the first time after preXnt chairman
the commcncenletlt of this Act, the provisions of this and
Act shall be read subject to the following mcdifi- cot~nci~lors.
cations-
(a) The term of office of the chairman and of i hc
councillors holding ofico, under the Madras District
Municipalities Act, 1884, shall expire cn such date
-. -*-- --.- -. --.-. -
or the word "Pwvincial" by the
ernment'' were su bst ;tuted for the
the Adaptation Ordel of 1937 and
for "Provincial" by the .Adaptam
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848 District Municipalities


or dates after the commenceincnt
'[State Governnlcn t ] sl1~!1~ C ~ L I . Ii~
II
Government] sli;lll 111akc O ~ I iriltl I WJI
arrangelnents Tor. cloction to Iw III:L,~O utldu~~ r Ilia i\o
SO that the newly elwted and appoin
come into office on the date fixed
~f the former councjllors and thc

ex-officio under the Madras Dis


Act, 1884 and until they so come i
man and the counciUors appointed or elected or
ex-oflicio under the Madras Dis
Act, 1884, shall have all the po
to all the duties respectively 0
councih~~. :'inder this Act ;and

held on a day and at e time fi


and if not held I that date shall be held on some
subsequent day fixed by the chairman-

(i) for ascertainment by lot (or if the '[State


Government] .[SO direct] otherwise than by lot) of
0ne-thh-d the number of electiv
at noon on the first day of November 1921 and
one-third more such seats to
the first day of November I
elected for the tokl number of seats SO a s c e m
vacancies shall hold o
her 1921 or the first day of
case may be and the remai

--
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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N.ActV] Distr;ctMuniclpaZities 849


(ii) for the election of a chair~ianby those.
ncils on whom tllis privilege has been conferred
the '[State Government!.

. A11 arrears of taxes or other payments by way


f compositioi~for a tax or due for cxpcnscs or corn-
procedure
for recover,,
ofarrears of
pensation or otl~erwisedue to a I n u il icipal council taxes, etc.
at the time this Act co111esinto force may be i-ecovered
as though they had accrt~edunder this P ct. y

2r368. (1) Notwithstandin? anytlling c ~ ~ ~ t n i l l eind ~Special rovjs,o~l


this Act, when a municinal~tvis cor~stiti~tccl for the the case of
first timc, I 'I St;rtr (3 )ve;.lllnc : i ] 111;iy :t!,w.i.int newly
and
a special officer to crel-cice thc powerr. discllnrgc cnn(stituted ,,,,,,,,it,,ted
the duties and ocl-flv~nthe Function? :\r tlic !~.i*~iicipnl rni~nicipal
council Rrai~di t h C I I : I ~ I IIILIII a ~ ex(>cl!t
~ d iw :!!:{I,,~ityl~ coitnc'il\.

(2) The spe{:i;ll I shall c;l!i-,a :i ~ - I . : : I I ~ I C I ~ I ~ I I ~ ~


for electioil to hc r11:ld: cn that r l ~ t x 111::1I>~ clcctcti
councillors may c o m ~ii?to officc I :t dpiy i!lii~\
six month^ TI-om f Ilc dntc of p u h l i a ~ t i o ~orl i b < %noti-
fication under sub-sectic311 13) of secliorl 4 dilcrafingL
the area to be :L~ ~ i l ~ i ( i l , a l i t y .

(3) The special ollicer shall exercisl: thc powers,


discharge the duties and perform the fullctions of' the
mi~n'cipalcouncil until the council has Feet1 canstitu-
ted. 4rof the chairman until a chairnun has been 1

elected by the council, and of the executive authority


until a chairman has been elected or a cornmissionc~-
. has been a ~. -p o i r ~ t c t:ISl . t-11c case ~ n n vbc.1
4
5%La
;

---- ---. ----.


^ -
.- . . . .. -
.. . . -

1 The words " PI-o\.incial Govcrnn~ent '' wcrc s ~ ~ b si!!


tii t!1e
words "T.Pc;II Go\:crrmc17t" by thc Adgptnlic-r. (?I clct c.f and
the word ''Stnte') was s~rhstifufcdfor "Prrvincir I" 1.j 11. 1- !;I -
tion Order of 1950.
;;:* Thissection was sub-.rtit\!tccl frtr t h e o r i p i n ~sectir-r
l . ' 7 ccciic-r- I46
o f the T ~ m i Nl a d i ~Di~tr-ictMuniciralilies (Atrcnc'n-ct:r' Act. 1930
.st.'

,.+.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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chairman is elected, a fresh election shall be h


such day and at such time as may be fixed by

(5) '[The term o f office of the con~icillorsor of


councillors elected in their places at casual vacancies
shall be '[five years] beginning and expiring at noon
on such dateas the State Government may, by notifi-
cation, appoint in that behalf and different dates may
be appointed for different rnun~cip;i'councils:]

reduced by such period not exceeding '[one year] as


may be speci.fied in the cotification.]
c;i,
1
(6) The provisions of sub-sections (1) to
shall apply save as otherwise provided in this
'
i

,
and, so fa1 as may be, to all ca
% .
3
42

municipal councils 5[and t


%$WI .. s the office of COUll
v a ~ n c i e in.
filled.]
C I C -

t This paragraph was substituted


section 3 (3) (a! of the Madras city
District Municipalities(Amendmen1) Act, 1968 (Tamil Nadu
10 of 1968).
s These words were substitu
-
by .-tion 37 (1) of the Madras City
Tamil Nadu Dlstr ict Municipalities (
term of office)Act, 1971 (Tamil Nad
a This proviso was added by section 23 of the M
Municipal Coryoration and District Municipalities (A
Act, 1962 (Tamil Nadu Act 10 of 1962).
4 These words wcre substitutcd
by section 37 (2) ol' the Madras Cit
Tamil Nadu District Nunicipalitic
term of office, Act, 1971 (Tamil
s These words were added by sectio
Municipal Corporation and Distr
-.=ntl Act, 1968 (TarnilNadu Act 10 of 19
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1920 : T.N. Act I;] M s t igirtMunicipn:,it; *.c 851

(7) Whcre {he number of seats 0i.i i municipal


council is increased by or in consequence o a. notifi- '

cation under sub-section ( I ) of sectioll 7. ;he council-


lors elected for the 2 ddit io!~alseats or tlic councillor^
elected in tile ;r places at casuttl v::c:mcks shall laold
office until the date on ullticlz the c o u ~ a ~iors
i l elected
to the original seats at the ordiilary clecr ion s i 11111ledi-
ately preceding will di~cateoffice.]
'1369. (1) \vllei~a dispute exists bet!! ;elk :! ~ o l i ~ l cAdjudication
il
and one or more than one other 10~111 : L Uhol-ity
~ in of disputes
between local
regard to any matters arisiilg under thc provisions authorities.
of this or any other Act and the 2[3tate. (;ovcrnmnent]
are of opinion that the local authorities concermed are

. *

(a) decide it themselves, or


(6) refer it for inquiry and report to an arbitra- i

tor or a board of arbitrators, or to a joint colnlnittee , I

constituted under section 26 for the purpose. b

(2) The report referred to in clause (b) o f suh-

Ally decision g %on, whet llel- hcfbrc or


3[(3)
after this sub-sect ion comes jnto force, 11 ndct. clause
.
(a) of sub-section (1) or under sub-sect:ol; (2) 4[111ay,
at the instance of the local authorities concer~~ed,be
1 This section was added by section 147 o f the Tamil Nadu.
Act, 1930' iT:tn,il Nntiu Act X
District M~ni~ipalitics(A1~1entirncn0

2 The words 66Provincia 1 Govel-ntnent" were sub;t i t ufcd f o r the


wr>r&,"Lncal ~ o v e r n m c n t "by (hi: Adaptation Ot'clcl o f 1937 a n d
the word '!Statew was sub~titu:erl f ~ ) l ."P~*o\~incl:!i"1 ) ~t l i c A t i n p ~ a -
tion Order of 1950.
. ?.This sub-section w a s sllbsrjtuted for t h ~01 i::~it; 1 ~ , ! ~ l ~ - ~i o, c1 1~ ~ t
(3) by section 3 of t h c M;iclr;~\Cit). M(11ii{:ilJa1,I )I\' I Ml111ic.ij~;lli-
11:f

liesand Local Uoal-ds ( A l n c ~ ~ c l i t1 ~Act.


~ i ~ 1941
t ( A 4 i * ! ! ' : /~Z C I \ ' J l l
of 1941), t-e-en;)ct~d pernlal~crit1: :Ikt11 spccificti ttic,yi~fic. io:?\ h v1 1

section 2 ( 2 ) of; and clic Scc(ii;(l :)c.liedulc 10, I : - i * . ~ ~ i ~ i l


(% ~ ; I L I c I

Re-ellactil~gAct, tO49 ( T t l n ? i ibJ*!.ilg~l


Act X of l')-i'/).
&These wc~qds wcl-r: subclitutcd for tll c wc $1-cis " K t , ~ y be
modified'? by the Sccond Sclicdulc t o the Tamil Kc'ncir! R ~ - c ~ i : l ~ i i l l g
Act, 1949
.# _ - --
(Tamil Madu Act X of 1949).
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852 District hfunicipcclities [1920: T.H. Act F


modified] from time to time by t b '[State] Govern-
mcnt in such manner as they deem At, and any s u ~ h
decision with the modifications, if any, made therein
under, this sub-section, 2[may, at the instance of such
local authorities, he cancelled] at any time by the
'[State] Govern mcnt.
Any such decision or any inodification therein or
cance'latior thereef shall be billdi~lgQII each of the
locai authorities concerned cz~~dshall not be liable to
be questioned i , ~any Court of Law. j
"(4) The powers of the '[State] Government
under this section shall, where one of the local
authorities concerned is a cantonment a1:thority or the
port authcrity of a major port, only be exercisable
with the concurrence of the central Government.]]
References
to chairman
.r in other or in any notification, order, schen~e,rule, form o
enactmcnts
and -
notifications,
by-law made under any such enactment and in force
ig the '[said State] shall wherr such rcfcrence relates
ate., issued
thereunder. to the exect~tivcfunctions of the Chairman be c
strued as a reference tc the exmutivc luthority.

8 These words were substituted for tho wards "


aancallcd'' bv tho Sactand Schedule to the Temil N a b Re
Aet, 1'949 (Tanril Nadu Act X of 1949).
8 This subatetion was inserted by the Adaptrticza a d a r
1937.
4 This clection was inserted by section 15 of the Madra
District Municipalities (Amendment) Act, 1933 (Madras 4 e t
of 1933).

aThese words were substituted for the words ('said Pnsjdency9


by prtragrapl~4 of. ancl the Scl~edulcto. ihicc'.
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Year. ~b14 !tt her. Sizort title.


(1) (2) (3)
1884 .. TV .. The Madraq District h l ~ : n i c i ~ r . ! i t i t .A C I TTkc H ~ C I C .
1884.
1897 .. 1 1 ,, The Madras District Municipalities Act, Do.
Amendlnent Act, 1897.
1899 .. I .. Tile Madras District Municipalities Act,
Amcndn~entAct, 1899.
170.

f
190? , . I1 ., T h e Madras Hill Municiyalir;cs Act, 1907 110.

1909 ,. V .. The Madras District Municip;ilities Act:


Amendment Act ,1909.
Do.

1913 .. I11 .. The Madras District Municipalities a i ~ d Sections 2, 3 and


Local Boards (Amendment) Act, 1913. 4.
1914 ,, VIII . The '[Tamil &~.;adu]~ecent1-ali7afibll
A C I . So much of the
I

1914. schedule as
rel;ltes to the
1 \ladr,~s Dis-
trict k1unic'-
pafiries Act,
1884,

1 1916 IV .. The Madras District Mu3ic;paIlties Act, The whole.


Ameiidmei~tAct, 1916.

SCHEDULE 11.

[Szc section 7 (lo).]


Oor aca.nnu~d,the Nilgiri district,
I
t th.e Nilgiri district.
,Coonoo~*?
i

Kodai k:~nal,2(Madurni district.)


- ---
-I

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,

(See section 25.)

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 .

'[Provided thi:t :lo meeting shall be held on a public holiday.


Expknat ioi1.-The expression ' public holiday ' includes Sun-
days and a n y other day declared by the "State G~vernment),
by notification in thc "(OWcial Gazette), to be a public holiday.]
. - I
.
j 4[2.(1) No ~neetingsh:lll be held ul~lessnotice of the day and
time when the n~ectingis to be held ai~dof the business to be tran-
- sacted thereat has bcc11 given at lwsi three clear days before the
' day of the meeting.
(2) In cases of urgency the chairman may convene a n~eeting
on giving shorter notice than that specified in sub-rule (1).J
5[(3) In municipalities'in which there is a commissioner, the
agenda fc* the meeting shall be prepared by the commissioner in
con: -.:Itation with t3e chairman. The commissioner may izclude

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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19ZO :T.N. Act V!


in the agenda any subj:c: .+.hlchin h: . ,;.i:i;o:..: : , i ~ i d IY~:
(,ort,,~df;rmS
by the council and shall include thi-rc!!i a r , ~: d ~ j c cspccilied
~ by
the chairman. On any subject included in the agenda, the chairman
as well as the contmissic~nershall hilvc the sipkt of recording his
. L~I! ItJi!: <!~;!ji '!< .:ti:i<!
4+t 1.h~
(>%-: i b

OT placed beforc rhs c ~ u n s i bcfarc.


l C: , i ; 01 lhe c+nsi&+
tion of such subject by the council.]
l[3. (1) The chairn~anshall, on the requisition in writing of not
less than one-third of the members the11on the council, convene a
k e t i n g of the council, provided that the rey uisition specifies the
day (not being a public holiday as defined in the Explanation to r&
(1) when and the purpose for which the mee ing is to be held. 2(0nly
urgent matters of local importance re1atir.g to municipal adminis-
tration which cannot wait till the next ordinary or urgent meeting
shall be considered at special meetings and not rliorz than one subject
shall be considered at such meetings.) The requisition shall be
delivered at the mu~~icipal office during oflicc hours to the chairman,
secretary, m:lnagcr or any other person who may then be in charge
of the officeat least ten clear days before the day of the meetink.
(2) If the chal~.~;~a~l fails arithin forty-cight hours from the
delivery of such rccluihit ion to call a illeciin~on the day specified
i ~ l gbe called
therein. o r \r,jthin il~ri.uclays thercaftzr. t l l ? ~ i : e ~ ~ lnay
by the m c m b a b u.ho Ggned the reL~ul\ir:oi~ LVI sit iny the notice
provided for in sub-rule ( I ) of r u k jto t hz otllor members of the
council.J
4. All meetings of the council ahall be opc11 to the public : pro-
vided tha: the presiding member may and at the request of the
council shall, in any particular case, for ~.e:isot~sto be recorded in
the minute book kept under rule 9, direct that the public generally,
or any particular person, shall withdraw.
5. All questions wh;ch may come beforc thc councjl at any meet-
ing shall bc decidcd by :I majority of [hc m c ~ ~ i h c r spresent and
voting at the i~lectingand. in every case of cquality of votes, the
presiding melnhcr sh.all have "[and cxc:.cisc\ a s c u ~ n dor casting
vote.
I

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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6. No busi~~ess shall be transacted at a meeting unless there be


present at least six men-il)c~.sor, 11' tllc llt~lnberor' members then
on the council exceeds slxlccn, at least onc-tlirrd of that number.
7. If within half an hour after the time appointed for a meeting
a quorum is not present, the meeting shall s ~ a n dadjourned, unless
all the members present agree to wan longer.
8. No resolution of the council shall be modified or cancelled I

within three months after 111~:passlrig tllereot' except at a meeting


I
speclally convened in ?.hrrt Lehag aim by a resolut~onof the council
supported by '1 . . . J not less ~ h a none-half of the sanctlone
Wmber of members.
9. Minutes of the proceedings at each meeting of the coun
shall be drawn up and ent~redin a book 10 be kept lor that.purpos
and shall be signed by the "presiding mt'mberj or in hls absence b
me one of the n~em bers present therekii ; zllzd the said minutes shal
all reasonable tlmes and wlthout charge, be open at the munic
@ce to the inspection of any person wno pays any tax under
h t in the municipality.

-' 3 ~ 1 0 .Within three days of the datc oi rllc meeting, a copy of


the minutes of the psocecdli~gsat sucli I I I C C L I I ~ ill
~ hnglish and in
the language of the districi, shall be for-\ivtrded by the chairman to
the Coiecwr oi' Ihe clist;.ict, and aiio:hur. copy to the "Regional
inspector] of Municlp,~lCou~l~ils and Local Jjoards of tne range
in which the muniapabty is situ:ited. Ail authenticated copy
of the said minutes shall also be allixcd ro the notice board of tne
municipal ofice and releviint extracts of llle caid minutes shall be
sent to the heads of dq~a.rtmeiltsof the "Islate] Government and to
______ ---- - . - - - - - -
_________ - - - - - - - - - - - . - - - - - - - r - - _ I I _

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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I&G :'r.N. Act VJ ;);str~?t A~li(~z!~-l!)~,/lt~c~~ is'/


the supcl.jntencling ufiicc~.s appointal iri~cloi. ski l)-scc;~iol~ ( I ) ol'
section S f i , ~ - iniol m;iiiol-a17d neccsiar). r.c.!io: '1 k.:-
chr?jrrr~zn ihal J
:3]$0 ;l;>p- - i . < * S ....
.- 1. ,
- . .., -
'.. . . 1172 \*LL: (-\ ---*. %. (..
-. ,TIir.Ltic o!
I I 1 . f ' ~ ~. i :. i.:J ~i ! ~ d10 h A l ] ~ . ' i ,- ~lutlr~
C I S tItc i i ~ c 1 1 1 Ii,;g iui, cuuiicil1ur.j
I

..
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.

a[ll-A. The com11,it tees colistituteJ bj1 t l ~ ccout~cilunder section


23 as well as the cominit tees coi~stituted u : ~ d ot~hc- proviso to section
68 (1) and undel- scci i o : ~73 shall meet in ;hc ul[icc PI-ovidcdby the
municipal council urldcl- I-ule 1 .J
12. The proceedings of every committee nppoil~tcd by the council
shall be recorded in writing and submitted to the council.

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

Provided that in the case of taxes payable b


authority) the original assessment shall be made
divisional officer or if the revenue divisional officer
2(executiveauthority), by the council.]
'[4. (1) If at any time it appears to
been inadequately a
omitted from the
- --
4 and the heading thereto wkre su
Tamil Nad u District Municipa

These words were sul~stitutedfor the word ''


:*adras District Municipalities (Atnendmcnit) Act, 1
. -=-- - ... .-
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ro anv tax, or that there is any clerical or arithmeticcrl error in


the sijd books, it may direct the '(cxccu~i\c;~u~l~srity) to iimcnd
the said book, in wch nlclniler as j t Jci.111.. ji;>r oi- i ~ e ~ r ' s ~ :i t r ~ .
Probided that :;u \uch dirsc~iolid:.:ki -p i g :: i c i ill: 011 es 1 ,
L

an ificrease in ths ; .?L&> \ii:<lii, i ;1 ; ~ ~ ~ ' i ct)l:sct.i~t.d


~ o : ~
shall have been af1brdt.d a reason;tble oppostil~~it> to show
cause to the council why i l ~ assessmellt
e not be amend-
Iioo k a >.i~oal~l
ed as proposed.
(2) Suclz a~ncndll.lunlshall bc dcellrcd lo Ji~ivctaken efl'cct on
the earliest date, either jn the current !ic'lhy y ~ i t i .01. tl-&ctwo half- .
years immediately precedilig it, 01' \ r / i i i ~ iI I!-LC c i c~i . 1~ I S ~ : L I > C C Sjustify-
ing the an~cndn~cnt csjslcd.j

5 . (1) The '1 c~ecutiveauthority] shall g i c~ i ~ c?\ c i . ~pci.solI making


payment of a t a x a receipt therefor sigrlec by lli.-l ,.I- by some person
dulyauthorized by him in that behalf.
(2) Such I-eccipisl1,;~llspecify-
((1) the iI;itc (9f the grant thc~ccif:
( 1 thc nFLlnc oi'tl~uperson lo \ j . J i ~ o i r ~ii I \ g l . ; ~ n i c ~; l
(6.) c Y in i - c s j x x ~of which thc jlayillcli l \I:!,$ bcc~;inadu ;

(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

the '(executive a u t ~ ~ c t i .).j i OJ


~ the cou~ictl. 1

1 These words Ltcrc < , ~ r i4 1i t ~ i l ( ' ( l fi )f thc WOI-i:


'. t ' I i , r l ~ . ~ l l ~ : ~j.j>~ .,.ctioi~ 17 ( 1 ) of the
"

'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

q~ule 6 to 12 wcrc ~~ibstili~icc! 150 of t11c Ta~~lil


For tile ~ r i g i l ~ i Ii- ~l! I c c by SCC~IOIZ
Nadu District h'lunir;ipaliticl (,'inlc~ltlnletlt) AS(, lo.?^^ ( v ~ ~ ~ l lh,ldU lil Act X Of 1930).
I
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i):rtuz'ct Munz'c~&titz'es [iSiB : T.


The 2(executivc authority) shall enter the annual or
of all lands and buildings determined by him and
le thereon in assessment books to be kept for the purp
e municipal office. Such books shall record the following
I
I
lars, in so far as they call be ascertained, with regard to
sessable j tern :-
(a) the name of the o ~ n e ;r
(b) the name of the occupier ;
(c) the designation, if any, of the item ;
(d) the namo of the w ~ and d street, if any, in which it is'
situated, and any survcy or othcr number whic!~it bears ;
(e) the ;innuit lot-capita! valve, as t llc c;tse nxcy be; and
( f ) the ainount of the lox payable.]

'~8.(1) The assessment books shall be ccn~pletelyrevised by the


?(execulive authority) on :c in every five years.
.
3[(l-A) (a) Notwithstandi~rganything contained in sub-rule (I),'
the state Governi~lentnwy for sufficient cause, from time to time by
order :-
(i) postpone the general revision of assessment of books, or 1
(ii) stay any proce~di relating to the general revision of
assessnlent books,
for a period of one or more half-pars at a time but not exceeding in
any case seven half-years :
Provided that such pcstponement or stay shall not affect any
subsequent general revision of assessment books.
(b) Where the stay is vacated or the period of stay expires, the
State Government may direct that proceedings for the genera
revision of assessment books shall be either com~~enced d' nope er
continued from t~ L-tageat which such proceedings were stayed.]
- -----I-
I -__ -
t e d~ h eoriginal rulcs by section 150 of the Tmil
Rules 6 to 12 were s ~ ~ b t i t i ~ f-)I-
1
Nadu District Municipalii~e>(.4r:l~11di1:~ntjAct, 1930 (Tit~~lil Nadll Act X of 19g),
2 These words were subit itirlcd f'or ihc word " ci~airman" by section 17 (11 of the
Madrio District Mui~ic~palitics (A~llcndrncnt)Act, 1933 (hladras Act X V of 1933)
This subrule was inserred by G . 0 . Ms. No. 1'159, K.D.& L.A,, datd
1966 as amended 'oj . h 3 . 5 , R,D 8r L A , &.&
1969
M ~ c b

- --
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1920 : T.N. Act V] Di.s!l4ict 31 zclr i c~ipcilit i c . ~


(2) The l(esecutive authot-ity) i1-1.ay i d the assessment
bcoks at any time bct\vccn onc yc1lcr:ll IT\ i\iim ancl another by
inserting therein or se~noving~ ~ I L ' I . L \ ~ ~ * property
o ! I I ~ : ~ I or ~ ~ by altering
the valuatiol: of all! pr-opcrty or t l ~ c;l,:liouiir of Lax "jcr subject to
any rules which the :?(Sf:~rc)Cover~~rilcnt inay :11:. kc ill t h i s bellelf. by
substituting theseill TOI- I he nalnc of i i ~ co~ 17rl-o r any \?ropesty the
name of any o t h e s pet-son who ha\ .~~!~cc~:dt.cj Is? transfer or other-
wise to' tlie ownel-sliijl oI't hc 171.0pcrfy I SLIC:? l l r be
; i ~ n i ~ : d ~ 2 ? eshall
deen~edto have ta k ~ i ;~!lkct
? on tllc li 1.9' day or i lit: linlf-year i l l which
it is inade :
Provided t h a t u1lc11 the amc-ndi~i~:~~t 1 1 i l l aj?y half-year
after the demand ~iotice for t h a t h ~ - l l ' - t / c t ~ ~ . been issued, it shall
1;:1<

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 :

'[Provided fi~rtllcrthat tlie decisio~iof the i:xccuti\le authority in


any disputed case of transfer of owl~ershipo r a property shall not
give the transferee a legal title to the property.]]

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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l[9. When assess~nent hooks have been prepared, for the


time and whe~levera gc~~eral revision of such books has
completed, the '(executive acthority) shall give public notice stati
that revision petitions will be considered if they reach the munici
office within a ~ e r i o dof sixty days from the date of such notice 1
'. the case of the Governme~~t, or a compan
a railway adlni~~istration
and of thirty days froln the said date in other cases. The noti
shall be affixed to the no~:jceboard of the municipal office a
the same day be published i n the municipaljty by beat of drum :
+ 3[Provided that in every case where there is an enhance
n the assessment, the executive authority shall also ~

ntimation thereof t o b e given by a special notice to be s


he owner or occupier of the property concerned :
Provided further t at, in every case where a specia
uired to be served on the owner or occupier under the
ridd of sixty days and thirty days referred to in t
ulated from the date of service of such special
0. In every case in which between one general revi
er, the Z(exec11tive authority) 'assesses any property
st time or increases the assess~nenton any property ot
an in consequence of a general enhancement of the rate a t
e property t a x is leviable, the 2(executive authority) shall intima
a special notice to the owner or occupier of such property th
etition for revising the assessment will be considered
reaches the municipal office within sixty days from the date '
rvice of such notice in the case of the Government, a railw
dministration or a comp:tny, end within thirty days from the sai
ate in other cases.]
1[11. Any person may. at nny time, not bei
before the end cif a half-yen:-, move tile " t
revis;onpetition to reducc the tax to which 11
coming half-yenr on the g~~oiind that th
of the property in respect of \ri,hic" +hp tax i s
since the as~essmento; the property was last made or rev
_ _ _ _ _ _ ____--__
_ I - -- - _ - - I

Rules 6 to 12 \\\-'resub1titr~tcdfor the original rules


1
adu District Murzicipalitico (P.n~endnzcnt)Act, 1930
2 These words were subst~tl~tcd for the wold "chai
District hlunicipalities (Amendment) Act, 1
s ~ h e s epro\isos were added by Local Administration Depart
uo. 578, dated the 6th J w 1339, published at p w s 401-402 of
&rg St,GeorgeGa:ette, dated the 13th June 1939.
-, a- -
/
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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

14. (1) On the establishment of a municipality, assessments


1 have effect from the date specified in the notification under

(2) A general revision shall be deemed to have taken effect on


first day of the half-year following that in which the notice
der rule 9 is published, L ( ~ rin, a case where a special notice is
e dbe served 011 the owner or occupier of the property under
q ~ ~ i r to
e first proviso to that rule, o n the first day of thc half-year foilow-
y that in which s u c l ~spccial notice is served on the owner o r
ccupier of thc property.) \

(3) Any corrections in tllc assessment books made by the


2(executive authority) uncler rule 13 or 27 shall be deemed to have
effect on the first day of the half-year to which thc assessment
ght to be revised or which was appealed against
& relates.
Explanation.-The levy of a new ciass o l property tax or an
enhancement in thc rate at which any class o f property tax is leviable
i s no arnendmcnt or revision within the mcaning of this rule, and
shall have effect from the date fixed for the levy or enhancement.]
1 . The first payment of tax shall, save as provided in , ~lle13,
be made within thirty days of the date or day specitle~~ in rule 14.1
-- - -.-- -
. --

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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(2) The council shall determine the tax leviable on each


class subject to the maximum specified i ! ~sub-rule (I) :

Provided that the proportion which the tax on any class


bears to the miniii~uri~incoine of that olilss s1z;tll in lzo case be
smaller than the proportiol~which the t ~ i xon ally lower class bears
to the rnininl~inincon~eof such lo~vt:~.class.
I

(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.]

'117. A coinpalzy or person shall bc deemed to have transacted


business and a person shall be deemed to h avc cxcn:ised a profession,
art, or calling or held an appointment wi.hin :r municipality if such
company or person has an office or 1:incc of employment within
such municipality.]

1[18. (1) Whvro a company or person transacts any business


, other than money-lcnding in any half-year exclusively in the area of a
single municipalil;~,thc income of such company or person from th. '

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.

were substituted for the original rules by section 152


nicipailities (Amendment) Act, 1930 (Tami'I Nadu Act
See now the Inoome-tax Act, 1961 (Central Act 43 of 1961). I
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'[19. (1) If, in the opinion of the 3[executive authority], profes-


tax is 4[or will be] due from any company or person for any
ar, he shall serve a notice on such ccmpany or person either
hasyear or in the succeeding half-year requiring the company
r person to furnish within such period, not being less than thirty
ys as may be specified in the notice, a return in the prescribed
rm showing the income on the basis of which, according to such
company or person, it or he is liable to be assessed to profession
tax for the half-year in question. Thereupn it shall be open to
such company or person to submit a return showing the income
derived by it or him during the half-year for which profession
tax is claimej or for the corresponding half-year of the previous
year and produce any evidence on which the company or person
may rely in support of the return made.
6[Exp[anation.-Where, in pursuance of sectiojl ?7,a statement
regarding the income of a company or the salary or income
of an employed person has been furnished to tllc cx~cutivcauthority,
nothing in this sub-rule shall be deemed to require that authority
to serve a notice on such company or person.]
-

(2) If a return! is made as required under sub-rule (1) Olor a


tatement regarding the income or sslary is furnished under
section 971 and the 3[executive authorityj is satisfied., that it is
correct and complete he shall levy the profession tax n o ~ n such
company or person on the basis of 71snch return or statement.]
-- -- ---
-------.

'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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rule (1) or under sub-rule (2) of rule 18, if the GO


produces the notice of cl'emand of'income-tax serve
undv section 29 of the Indian Income-tax Act, 19

shall be bound to take one-half of the income me

I profession tax is lzviable under this Act, as the i


I said sources for the purpose; of levying profession tax
I

I
I
!
I
I
authority) is satisfied that any return so
so f'urnished] is incorrect or incomplete, the

The l(executive authority)


or person under sub-rule (3)
reference to the nature and r

now the Incom


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District dl~.~~i(:ij)ul,/i(t,y 8CjQ

Maxij?l~mrates of tax on carrtppes animals.


[:See section 98.1

carriages aild animals shall be levied at


(111
exceeding .!he following :-
~'Ciaximurn
i*tit1ri~igcc9 atrd (u~it/~[~i.v. halfyearly
tax.
RS,

. .. . 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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@[(c)the order of the executive authority un


a revision petition ; anl]

1 This rule was omitted by Scliedule I to the Tam1


Taxation Act, 1931 (Tamil Nadu Act 111 of 1931).
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! :., - -- . - . --vri<2 :~-!~21..


']IF
I
'
-
--
-
_

- -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

(iii) within tllrcc days fl.o~nthc scsv~cc of the notice


referred to in sect ion 103 : I

i l ad i ~i!i nn appcnl within fifteen


Pi-ovidcd ~h:tt the c o u ~ ~ cmay
days aflcr the time prcsct ibcd in this I d c . it' c:ruic be shown to
its satisfaction for not prefei-riilg it within thc prescribed time;
---.-em ------ - -- - ------ - - --
I This rule was omitted by section 3 (iii) of the Tamil Nadu District Municipalities
(Amendment) Act, 19 10 (Tamil Nadu Act 30 of 19'70).

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.

ords ''or table" were omitted by ibid.


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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.

ub-rule ( I ) shall have all


ecutive authority) as are
y for the purpose of exercising his powers under the said
and he shall be entitled to the same protection as the
rity), as the case may be, is entitled.
(3) The special officer shall be paid out of the nlunicipal fund
~ u c hsalary and allowances as the 6(State Go-mnment) may, in
consultation with the council, fix. If a Governmen8 servant is
---- -.---.- ------ - -- --
i These words were substituted for the words "the adjudication b f an appeal by the
council" by section 159 (1) of Tamil Nadu Act X of 1930.

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

(b) a notice of the liability incurred in default of p


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. Act V] District M u n i ~ip.tlities 875


Provided that where the assessment .books bave been amended
under rule 4, the notice, bill or direction, as the case may be, may be
given either in the half-year in which the amendment was made
or in the succeeding half-year.]
r~tai:~etlin this rule or ill rrulc 30 shall preclude
suing in a civil court for any tax d : : ~to it under

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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proceeds of the sale to the payment of the amount due on account


of the tax, the warrant fee and the distraint Tee and the expenses
incideiltal to the detelltion and sale of the property, and shall return
to the person in whose possewion the propel-lv was d the tills of
seizure any property or sum which may remain alier the sale and the
application of the proceeds thereof as aforesaid. If the proceeds
of the sale are iiisufficient for the paymcnt of the amount due on
account of the tax, the warrant fee anti distraint fee and the expenses
incidental to the detention and sale of the piopesty, the "executive
authority] may again proceed under rule 30 i n respect of the sum
remaining unpaid.
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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

(a) the tax and the warrant fec, if any, and

=[(2) Whenever any person is con~icledof an offence under

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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A urhor ized objects of expenditure.

thereto within the municipality subject to these rules


further rules or special orders as the '[Sta-te Gover
prescribe or issue ; and shall be applicable thereto
municipalitv if the expenditure is authorized by this Act,
sanctjn~edby he '[State Government].
38. The objects of expenditure connected with the p
include the following :-

(b) extinction of fires ;


(c) control, supervision or removal of dan
uildings, trades and practices ;
(d) regulation of traffic ;
(e) prevention and removal of obstruction
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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

of medical practitioners, rnedicai sub ~ r inaics.


d rnidhives, ilurses,
health oacers, sanitary inspectors and analysts, the provision
4 of nurses for attendailce on patients su;fcring froin infectious dis-(
k
I eases at the houses of such persons ; v::ccincltion and the training
i and supervision of vaccin~torsand the proviaion of lyn~ph; the
\
regisis'rationof birth.:. cicnths and m:trriages ; ihe enumeration
; of the inhabitants of tiie iimnicipality acd other masures of a l i ~ e
; nature ;
d+
of lunatic asy!ums :
(b) the constructioi~and maintc~zz~~cf:
(c) -the construction, cstablishn~e?:t a! d n3.aintenance, super-
:
E vision and control of p ~ ~ b lmarkets
ic and slaughter-houses ; 2[of
shops, stalls and p!;nthql : of latrines ; 01' sewage farms and all
works for the removal or disposal of scwage ; of water-works,
drinking fountains, tairlts and wells ; of wzsh-houses and dho-
bywnas; of parks, squares and gs.rd~::s; !Ilc reclanation of un-
healthy localities ; and other sanitary measures of a like nature ;
(d) the cleansin:; and watering of streeis and drains, scaveuging;
the removal of excessive or noxious vemtatiolz : the abatement
/

(e) the regulation and control of oiTensive or dangerous trades,


of mhedlthy buildings or localities, and of burial 2nd burning
m o d s k d crematoria ; the provision of sites for and the closing
al and burlling grounds ; the provision of new sites fo?
sive and dangerous trades and of special locations for facto-
ies ; the acquisition of congested areas and :he provision of new
t

rnment9'werc subslitut2d for the words"Loca1 Govern-


er of 1937 and the word "State" was substituted for
Order of 1950.
a These words were inserted by section 170 (i) of the Tamil Nadu District Munici-,
palities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).
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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

40. The objects of expenditure connected with the


venience, education and amenities include---
(a) the construction, maintenance, diversion an
ment of streets, bridges, causeways, culverts and the 1'
acquisition of the land necessary for the buildings to
prow streets ; tlie regulation of building : the construction o
dwellings and the encouragement of co-oper~tive building
by loans, grants of land, or prizes ; the rrl:moval of
and encroachments ; the naming of streets; the numbering
the danting and preservation o f trees in public stre
places; the rnxintenc~nceof public momimenis;
(b) s lhiect to rul-s 47 t s 53, ::., c.,:ablkh?nent and main
nance of schools, t he constrnction and maintenance c f
houses, public l ibra r;t s ;nd reading-scorns, museums, art-
gymnasia or any otller ii~stitutionsconnected ~ i t hthe
of mental or physical cul lure or. technical instruction or the t
of teachers ;
(c) the holding of industrial exhibitions or fairs ;
(dl t t e constri!ctio~:, mailltenanci. and :?doriiment o" pa
halls and theatres ; th-. acqui i !ion and maintena~zceof reereat
I grounds, playing fi:lds cmd pro e!.ades ;
(e) subject to all provisions of b a, the construction, main
nance and purchase or e::ploitation of tramways and other tra
port services (railways ;lot included), of telephone systems, gr
farms, dairies, pub!ic Imkerj es and "other agricultural, industri
ar trading concerns] of public utility either within or without t
municipal limits and wheLher or not in combination with"
authorities or persons, 311d subscription to debenture loans 'Q
such concerns ;
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veterinary officers, the

(g) the construction and maintenance of rest-houses, choul-


poor-houses, pounds and other v orks of public uQity ;
the provision and maintenance or holding of zoologial
orticultural gardens and exhibitions ;

blic weighing places ; I


I
the p:ovisioi~ znd rnaintcnai~ce of public baths ah I

(k) the provision of music for the people ;


(1) the provision aild rnaintamncz o f pa'l!ic clocks a12d clock-
towers or a time pun ;
(m) the organization and li~ainten;lcce(-r l~ealthassociations ;
(n) the organlr;~tion and aaintcnaiicc af asscciation., for
the preventioj~or juvenile smoking .inrl r:l-r;dry to chldre~l.
41. With the prcvious sai~ctionoi' ihc '1 State Government 2nd
of the Central Government) the carrnci! maw-
(a) upon any of the public street:, i.11the town or upon any
land in or without the f~ 'vn wlu'ch is vested in the council cons-
truct or maintain any railway which may appear to the council
. to be useful or necessary for the removal 0;'~~ubbish and offensive
matter or for any of the other purposcs of this Act ;
(b) use and ernploy upon any slicli rail~rnylocomotive engines
or other motive power and carrkigcs ~ , : d nilpons to be drawn or
propelled thereby ;
(c) carry and coclrcy p:~s~c;cngc~-:~
1 , I ! ~ C ~ally
L I sucl~

(d)make such reasonable charges In respzc? of s ~ ~ cpawn-


h
gms or goods as the council may from time to time determiFe ;
---.- - - -- - --
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8 84 District Zdu/?.icipulififs [I920 : T.N. Act V .


I
(el from time lime eaicr into any c ,:L.?J :: :v:t!k 1!1/ p 3: SO
for tile conjtruction, miinrznlil:o :rud W J Lk' 1. ; 2: 2 2 j s ,L >;I r3i.i wd'
ji3 or without the t o V w;
ma
if) fi-oln time to iilil:
*

c;lt;; illto any c:~nli~:i: ~ i i i l any person


for the passage over m y s x x r;riii+ay of i~;xno!.i;~ee n ~ nes i Or
other rL?otivepower, c&r;iqe; and wagon; ixi.>agin: LO o r con-
troll& by such person up311 ~ ( 1 : j,.rym:ai , ~ i ':;:;Aii,ils o: re nt, and
under silch conditions nqd re.;tr ic tions, i ! bJ ii~utually agreed
upon ; and
I l.2
J" * .,.
K. J
I P*.'.
( g ) l m s ~any s:lcil I.&.!w.IY to any ps:,gn i l p ~ :suc!~ ~ tsrrns
and a n d ~such c m 5 i !-ions a!ld 1 ~ 3 t r i ~ i i 0 : ia?
i I Y ~ I be
~ mutu~lly
agreed apon.
2swb
Nj~:.--Tke term 'rr,zilw ;ys9 It1 tl:i:; r:ik does not i;ll:luc!e 6trttmwajs'.
x-r,.

42. objests of cxps 1ditui.s incidental to ihs adainistration


inclu&.--
--PC r.., ,mu

and m~ini~nanc:of a princlpll municipal


(a) the provision
office and resord-room and of o t h x 0Efi:63with th: cost of
appurtenances and fittings and insllrance ;
wizF--
(bj salaries, allowances, liverim, ppt.nsioonary coatr ibutions
and provident fund cantribLr.tious,gratuities, and pensions of, and
the cost of hire of vehicles for, the municipal oficers and servants ;
study leave allowances of prof'essi onal oRcers and subord inates ;
sending municipal servants to the Pastear Institute, Coonoor,
for treatrnent ;
(c! stationery, printing ;ind ell office rnd advertising expenses;
I
(JI legal expenses ;

(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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1920 : T.N. Act Vj District M~rtic.@alitter 885


Obligatory exne?zd@ic~e.
'[42-A. The rnu ~licipalcouncil
(!) shall make pro~risionfor the cons tsuct ion, maiotenaw,
diversion and r . -
A of streets, bridges, callscways,
4
.
.

C U I V ~ ts~ axd the !ikc to such exte;:t as t ' c 3 / State] -:nment


consi*!er neces~.ar!dand yraticnble ; a21d
(2) :ball c ~ c hprovi.ic;i: tc ell c i I- 111posa.r v;;thout
I : O ~ di\,e;t
the cxp ress s n n u t i o ~of
~ the Z[Stnte] Govcr i~.rrel-.t]:
IlowI1:g Cjbjects is obiigatory
t the a[State C.overnm-y.t] may
issue ir! respect c f ar.y rrur.i~ipa!tt~r
by r!.otilfication:-
(0)the principal ir~u:zicipal ofice and record-roonl ;
(6) main~enance'of public psoyrrty a1:6 monurrienis ~ e s t e
in the municipality;
(c) ma i ntenance of propel ty owlled by the municipali
(J) salaries ar.d pensionary and prcvident fund contrib~
$ions, gratuities. and. pc nsions of the municipal ofEcers
according to the conditions on which such FerS
entered the municipal service;
(e) scave r:ging ;
( f ) ligbti~gthewpublicstrects ;
(g)burial and bu~ning grounds whe1.c no sllfficient
nu n~beri s provided by i;ther agency;
( i t ) ~nxlical rclicf to the exteilt laid down in ni1-s 44, 45

(i) diffusion of education to the extsnt laid down in rules

(j)regisllrrrtion of births and dcati~s;


- - --
1 This rule was inscncd by Local Administration Department Notifimtion No. 542,
dated the 12th May 1941, ~mblishedat page 34%of Part i-A of the Furi St. George
Gazette, d ate cl the 20th May 1941, reenacted pcmmauerf ly by Local Administration
Departmen t Notification,dated the 26th April 1948, published at page8 33 to 58 of
the R J e s Supplement to Part [-A of the P ~ p tSt. Georor Grrrc~re,dated the 7yt
h
Provmn'al" by the Adaptat6,z ordw
Or
words " Provincial Governmmt 99 were qubat it uted for the wordq
Lot
C30vaommt" by the *da@ation Ordv of 1937 and the w$brd " State" was substitut
for '' Pr~vincial~'
by ibiti:
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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

-u.i of i r a i n t c i ? a l ~ ~ oof the elec-


Enplanatic,ir.----Tiic I
I
tion ebtablishmej~t siiall Iixciudz the pay, pension and leave
aflowacces, if any, of the db:ers and scrvants of '[the Govern-
menq or of any otlter autiloritv, employ-d in th- preparation and
re; ision of tht electoral roll and in t h c coltduct of the elections.

s i ~ c i ?contribut:oi~ towards the cost of


t [ ( ~ ) pay^,
. .. - f of
t rarning G,,.,lir.iss:o~,coi' hltinicip;~lit:~:' ., n-irt.y I:c fjxed by the
81 stat^:] Government.

Expllozatiofl.-- -Ti-~eco,t of training Comlnissioners may


ir8clui'e thz whole or s part as r!~c Government deem
equitable, of the p3y. p :nsioi::il-y ur pro\ i~!i.ni fund contributioll
and 1=ve and other. allowcinces, if any of' the officers and
I se;-vants of the '[Government] or oi' any' orher authority
employed and other incidental expenses incurred in connexion
wirk such training+j

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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1920 : T.N. Act VJ Distt*ict ~14~n1ici~?clli:ics 887


? I I ; ~ I J ~ . I:
i I I ~q,lr-clfi(~:r
. .
. :-,*: .I appoin-
tt'd US ~'r~t\li~~i>:i~>l:; I ,, ii! r.c-?pscl o i his
journey io join thc ~;.~-~nintrnent.
(Y) nil other (-)bjccts declarcd ul-ji 1;~cic~r.yby I;i\t or rule.]

(2) The 2[State C;o~ciiln~ent]shall d c t c i . i . : ~ i ~eve:


c 4 year 1ile
amount of the elect ion expenses referred 10 i r I clause ( n ; of
sub-rule ( 1 ) and titcir determination skall bc filial and billding
on the municipal council. Such arnou.llt shall have priority over
all other charges except charges for the service of authorized loans
including the loans and advances specified in scc tion 124-A. and
the expemes specified in ~ub-seclions( 2 ) riild (3) of sectio~l39.
0blignto~.~. medilicul r q ~ ~ mure.
lit
44. ( 1 ) The couc~cil shall provide and ~nainlnineither from
or froin the municipal fund or hy g!-;~~~ts-in-;lid
c~ld~,w~~w..ncnts iherc-,
from in accortlance 1c.i L ~ such I rules as rtl:qr. f't-on~1 i 113c to ti me be
prescribed by the "CSi:r t e C overnment]---
( a ) a hospi[a.f 01- dispensary ~ l ? ( ~llic s c sick poor of'the
n~u~lcipality sh:il l tic cnl i tked to receive I;; ed ic:r 1 and stlrgical
advice and treairnent free of' charge ;am!
(6) a hospital ibr the treatmrii! f pltients suffering
from infectious d i s e a s c ~i l l the rnu~~icip:, h i y.
The Council shall provide and I I rnore than one
such hospital or dispensary, if thc 21S:atc ~overnrnentlso direct
provided that ttc![St::!: T317~mmentl sl:r?ll not so direct until
the co~ncilshall havc had an opportu~?:? y nl' sl!l-n: i t t ing its views
on the sub-iect to thc '[State Govenlnci?c! :
Provided further ihat the council siini i h:: L.o.ilnd to provide
or mainain such hospitals or dispelwries WI.CIIin t11e opinion of
tho e[State Governlnenq suflicient provisioll has otherwise been made
for $he treatment free of cllvge of the sick poor and the treatment
of patients sufferingfrom i~~fectious municipality.
diseases in .the .-..
- ..... . .

re-lettered as clause (4)and a new clause ( p ) was inserted


phrtment Notification No. I 165, dated the 1lth November
of Part 1-A of tho Fort St. Gc.u.yqe Gazette, dated the Bth
permanently by Local Administration Department Notifig
948, published at pages 39 to 58 of the Rules Supplement to
Gazette, dated the 27th April 1948.
overnment " were - substituted fctr the words " LC
on Order of 1937 and the word "State" was subs
at ion Ordm of 1950.
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(2) Any inhabitant of t l ~ cmunicipality, xho is not a fit object


of p~lbljccharity, may, su bjcct to such regulatiolls as the council
with the approval of the 'kSt2te Government], may from tim to time
frame, obtain medical or surgical advice auld treatment fiom any
hospital or dispensary maintained by the council fr 3m en& wments
or from the mmicipal fund ; provided that any charges ilx~~rred by
the council in medical or surgical relief of personsother than the
sick poor of the municipality or those unable to pay a medical
attendant shall be reimbursed by such persons.
(3) The comcil may also permit the treatment in the liospitals .
or dispensaries maintained by it from endowments or f ~ o mthe
municipal fund of ally person not resident i n the municipality.
'
45. The council shall provide every hospital or dispei~saryprovided
or maintained by it with all necessary drugs, instsumeilts. :ipparatus,
furniture and appliaxlces on a scale appro~~cd by the '[Stat: Goveril-
rnent], and when. in the opin.ion of the cocincil, provisica for in-
patients may be necessary, it shall also p:.o\~;dea sufficii.:-.' !run~ber
"i
of cots, bedding, clothii~g,farlti~ureand clict such in-p.~itc:nts. i
I
I 46. 'I-llc council sh:lll employ ;i medicai oificer for any hospital or I

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?

48. The coui~cilmay provide instruction -

(i)either by schools n~aintainedwholly from the r:irnicipal


fund, or
. by mean,
- (lil or qra:.!;-in-zid
-
to
* *
, ichooli
.. < ; ."- .,,
f*~iii the
Ski- - a+
1 - *..- *.,rrrr

.-
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

(iii) by contributing towards the cost of 'Government schools.


or
(iv) by more than one of such'lnca~~s.
49. The council may, with the previous sal~ctinnof the '[State
Srovernment1,maintaineither wholly from tile municipal fund, or
by grants-in-aid therefrom, elementary schools to which admission
may be wholly or partly free for any class or the inhabitauts which,
in the opinion of the council, is by reason of poverty ~lnabkto pay
the fees leviable in schools maintained by the cc uncil whether wholly
from the municipal fund or by grants-in-aid tl- erefrom.

50. (1) If at any tiine it seems advisablc to the l[Pottat Govern-


ment] that a grant-in-aid shoixld be made to any school saintained
solely for the instr~~ction
of the children of any particular class of the
I
inhabitants of any m~micipality 2[they may direct] the municipal
I
.council to make such grant to such scl~ool; and the council shall I
make it accordingly ; pl+ovidedthat the '1 State GovernmuxtJ shall
not $0 direct ulltil the council shall have 11;1cl an 0 p p o r t 2 ~ t yof
submitting its views on tlic subject to the '1 Statc Goverrime~t]. I
(2)The instruction 10 b.: provided bq thc scuc~cil
. sl12ll 1;: of slich
ntandards a\ may frorr tin;: to tine k ? :t 2 y - 1 n. ~.7 y - u1). : '[Sintc
1

C,;ovctn m mt j .
I

51. (1) The council shall, unless ot!lel-wise provided by any


law for the time being i n force, or in the case of elementary schools
exempted by the '[State Government] on s ~ c hconditions .? it ma!
presaibe from time to time, levy in every school i~i,,'nt$i;.d by it,
fees as may from time to time be tletc:mined by : ; '[State
Government] :

Provided that if the co~lncilis satisl;ed that the p-rent or


guardia~lof any child, resident in the municipality, is by reason of
poverty unable to pay for ths elementary education of su-h child,

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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8 90 District iljfu/?icipali:ics I1 920 : T.N. Act V f


5
1
5
it may remit the wllolc or pa! t of the fees, but it sllall not compel I

the parent or guardian. o f shch child in consideration o f the said t

relief to send such child to any particular n~uniciprrlschool:


I.~\idedf .-ther t!i&ctthe ~ouncilmay, in a n y secondary school,
in accordance with 3 schemc iinmed by ii ;i:l:i approved by the i
director of Public inrtr~ctionr-ernit the whoje or part of the fees o f C
poor pnpils, subject to tllc cunditifw that ilic fed iilcomc thus ioregone
shall not exceed 10 per cent o f the to:al fees luniizlble from all pupils
of the school at the rates dc,tclnincd by the '(Sta te Cbvernment].
(2) Tl1.e proceeds of all fezs levied by the council as aforesaid
shall be expended by the coilncil for the provision of instruction
by raains of schools.

Discretionary educatiowI expenditure.


I
I 52. The council may also provide wholly front the municipaI
fund, cr by means of grants-inO.aidtherefrom,
(i) for the inspection of schools maintained by it whether
wholly from the municipal fiin~l01- by grants-in-aid therefrom ;
(ii} for the training of tcachers for schools aided or maintained
from the municipal fund ;
(iii) for the instruction and training o f pci soils for t
practice of medicine, or of vaccination, 01- of any technical
industrial calling ;and
(iv) for the maintenance of public libraries, reading ro
' oymaasia
D or any other institutions cormected with the diffusion
education, which may be approved by the '[State Government].

fitruordhrory rspmclilw'e.

m:ly, wit11 the sanction of the '[State


53. -4 municipal coil~~cil
Govera,"21~ent],
(1) c,or?tribute towards thc expenses of any ;?:lblic exhibition,
ceremofiy or entertainment j1.l tl:e municip,,iit>,;
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1920 : 2.N. Act V] District &lunidpi,l;ti:s

(2). d e h y the cost o: the iv~paration and pi-csentation of


addresses to persons of distinction rrisiting tthc 121 l~i~i~ipi~Iit>r ;
(3) contribute to a n y charitable fund or* t c ~a for the
defence of the mullicip;~lity'[oi. India I 01. to (Ilc ri~11dsor a n y institu-
tion 5; the relief of the poor or the treatinejlt oi'c!isensc or iilfirmity
or the reception of discased GI- infirm persori o f - t!?c iin cst igation
of the causes of disease :
($\ p y a conveyance allou :~nce to I i.l~ai r . l l ~ ; i t ~or vice-
chairmzn ;
(5) pay the expenses of t ! ; chairmatt. iiwmhcr:; of thc
council and municipal of5c ,I-s s iltl scrv::nts travc llir~gOII nlu~~icipal
business ; and
(6) ?[defray] any other extrcio~.dinarycharges.

54. All moneys received by the co~u~cil shall be lodged in the


nearest Government treacu1.y or. with the siinct ion of the ''[State
Govemmmt], in a bank :

, 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?~

56.The 3[executive authodtyl shall submit all accounts to auditors


as required by them.

57. The auditors m y -


4[(a)by summons inwriting, require the production of any *book,
receipt or other document the
ij eed, cant ract, account, ~~oucher,
perusal or examination of which they isid er necessary] ;
(b) by summons in writing require any pcrson having the
custody or control of a,xy such document or accountable for it to
appear in person before then? ;
(c) require any person so appearing to make and sign a decla-
ration with respect to such document or to answer any question or to
prepare and furnish any statement relating thereto.

58. The audZ+qrs


shall--
(a) report to the council any material impropriety or irregularity
which they may observe in the expenditure, or in the recovery of
moneys due to the cout~cilor in the municipal accounts ;
(b) furnish to the council such information as it may requir
concerning the progress of their audit ;
I_I--.-.. __---- .- -.....-..___ -- ..---
1 The words "I'rovincial ~overnrnent" were subslitutod far the wor
Government" by the Adaptation Order of I937 and the word "State" wrrs su
for "Pravin.cia1" by the Adaptation Order of 1950.
2 These words were substituted for the werds 'has Jncurred'bj the S c M
the Tamil Nadu District M~niiipalities(Amendment) A.ct,1930 (Tamil Nadu
of1930).
These words were sibstituted for the word "chairman" by
the Madras District hQunicipalities (Amendnlent) Act, 1933 (M
1933).
4 This clause was substituted for the o~iginalclause by. Loc
Department Notification No. 657, d a d the 26th June 193
iSSQ of Part $-A of the:For-r St. %urge Orzzetre, dated the
..
I .
. ._-___ I

..
..
" , ,

-
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LatestLaws.com

$4
.;>*>wz"r"
3"Fd$g~p:f, C'T
!*,?,&<
2 .-*-.,:
":".ps"..r; *. .
,-
-

* **
,i.

* ---A
------. e fl

1920 : T.N. A C ~ V] Distric:

(c) report to the council any loss or waste of money or other


Property owned by or vested in ihe coul~cilcaused by neglect or
miscbnduuct, with tllr: names of persons, dirc:tlv or iildirectly,
responsible for such loss or \riljie ; 2nd a
(d) submit to the council a final statemc!li of [he i:ll(iit and a
duplicate copy thereof to the :S L;:I i7 Gove;nmen :;:1:. &in a peyiod of
three months 'from the ertd o r ihe financial yc:!14. or \\ilkin such
other period as the i[State G~;:e~*mnea~.] nlay ioiifv,
59. The 2 [ e ~ t x ~ taulhori;jrj
i~e sllz-li f~~tll~8iih
,-,-lil-c;:y all). c:efects
d by ~h:;I ud;lo;-s and report
or irregularities that may be p ~ i i ~ t eout
the s:~~-6a~eto the council.
Iz"i
.
1 I

60. (1) The auditors may disallow* every .


jian conir::!.~rto law and
. . :tie ~ ~ - ! a k j ? ~ s \ s t
' 4
1
surcharge the same on the per;?:: j??zr:jrp. ~ 1 . 2.-.(?:-:-:::IS
~ : -
] ~ ) ~- ~ -
u

- ...-.
I

~ , f : t ~ ~ i c ~: zrdf-- ~ ~ ~ ~ ,-- - : --:


- ,- '. .si-
.=,-.
< I %

"
&p'$
>
f;;:i~;c;tkir
-
C - C , ,

,.2
T
-
$.kc G , . - . ,-..- .- . - -----*.-.- .-
. r - .
.. ,'
. ,
- > - - - A
:. < . \ -4.

outlay incurredl by the negligzacs or iilisconi;i,:i o; p::>ot: or L~:%:L 1I


t
ofany sum which ought to have been but is not b~.ough:i;iio account
by that person and shall, in every such case, cer ti?^ :hz i?~:;ou:lt due I, i :
from such person* i j

4[Ex~1Zanation.-It sllali not be open to ;:SI.FCJ 11 whose (1 I


ij .r
f,\ I
Ilegfigence or nlisconduct 1x2s caus~dor c o ! ~ 2~. J:. ! i~ at:y such *+%,
it t '
deficienq or loss, to contcud illat no~vrjtl~sl:i:idi~ I:.;.; negligence Id 1
:*I,
misconduct the deficiency or loss would :;o! !lave ~~~~~~~ed but l1 i1 i,
for the negligence or miscot~ductor solne other ;>c: - 3;).:/ !
1
' i .
(2) The audito;.s shall 1 i t !hc iraso:i, ~ Q J - their I ,

dccis-ioil in respec{ of cvcry r!is;illow:.ince, s u ~ . ~~ i -~~( tgi - c::r:!rgc and 1


$t 1
i
I
+

fur+& by registered post a copy thzreof to t he p c i . n~ :ig-ti ~ !i s t whom /i /


it is made. ii .
- .- - -- -- ---
1 The words "provinci;,\ Govel,nil:en;" wcrc subst i ! L . ' n ~ ~ ti:.: .i.3 r d ~"Local
!'OI
Governmentw by the Adaptstion order c;r' 1937 zit;;.? I ;e word "Siate" was
for "Provincial" by tLt: tiar,gt:tio!r Order of 9c7.
I ~ k s words
e were substituted r;r tj2e \?icrd chair^^^^^" b;- 3 ~ h i )i ~17 (1) of the
Madra District Mucicipalities (Ampt::i&~c;ll) A c t , 2933 (h:..'r;;s x'Lrof 1933).
3 These mere snbstittjtsd ,-c-, 1.'" " r?eficie-";i:cj
x7'? ' r ' ~ .1 0 ~ 3 ii?~:urscd" by I

~~~~l Administration Dep?~.rtmeiiiNotiiicsilo.~J ~ O657, . d~'f: the 2(7th Zune 1939,


publish& at page 450 of Part I-k o;' the F ~ r tS t . Oe?r;.e ( I . ~ z E ~ ~dated P, the 4th
July 1939.
r This Explanation was added b r : ocal Administration Depwtmcnf Notilication
NO. 427, dated the 22ndJune 1943, published at pago 2.42 of Part 1-A of the
fi:-.q.George Gazette, dated tk.e 6th July 1943, re-cn:cted peialnerltiy by Local
~ d d ~ & ~ a Department
t i o ~ Notifixtion, dated the 26th A.>r;l ?14:;, p~hlished at
pages 39 to 58 of Rules Supplement to Part I-A of the fbi.l St. Crur*gcGazette,
dat& the 27th April 1948.
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(3) If the person to whom a copy of the auditor's


is so furnished refuses t o receive it, he shall nevertheless be
to have been duly furnished with a copy d such
eaning of sub-rule (2). The period of fourteen d
n rules 61 and 62 shall be calc~rlated
e fror~",the da~:eof such r
1[61. (I)] Any person aggrieved by disailo
made may, within fourteen days after he has receiv
with the decision of the auditor, either-
(a) apply to the ~ r i ~ c i pcivil
a l court 0:' origi
to set aside such disallowance, surcharge or charge
after taking such evidence as is necessary, may co
rem't such disallowance, surcliarge or charge with I
as to costs as it may think propeloin the circumstances ; o I

(b) in lieu of such application may appeal


nment] who shall pass scch orders as they think
, 3[Where an application is made to the court
ditor shall be the sole respondent thereto, and the
not be entitled to make either the 4(State G
er person a party to the proceedings.]
'[(2) From any decision of the court under clause (a)of eu
(I), an appeal shall lie to iha High Court.]
62. Every su21 certified io be due from any person by audito
under this Act shall be paid by such person to the 5[exs~tive
authority], within fourteen day:; after the inthsqrtion to him of
decision of the :uditors cnlesz within that time such person
appealed to*the court or to !he '[Slate Government] against
l Rule 61 was re-nundtet ed as sub-rule (1) o: that
rule as so re-numbcrecl new sl~b-rule (2) was added by Loca
Depart~~lent Notifica tio.1 No. 65'7, dated the 26th Jane 1939, p
450. of Part I-A of the Fort 5 t , George Qazet k,dated the 4th July
2 The words Provincia! Government " were substitu
< C Local Government " by the Adaptation Order of 1937 and
was substituted for " Provinl:ia!" by the Adaptation Ordcr of
This paragraph was insrlstedby Lacal Administration Department
caiion No. 307, dated the 6th Xu'ovember 1937, published at page 587 of-Pat
of the Fort St. Qeou,i~eGazette, dated the 9th November 1937.
4 Thi.~ expression was substituted for the expression "Government of M
;bythe Tamil Nadu Adaptztion of Laws Order, 1970, which came into force on
i14th January 1969.
6 These words were substitr:tcd for the ward " chairman '' by section
t Ere Madrap District Municipalitits ()4mendment)Act, 1933 (Madras Act XV
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decision ; and such sum if not so paid, or s ~ sui~? h ;:.;;he cwt oi


the '(State Governmen;) shall declare rc be L'L.?. $2'2!I '.r m ~ r m b l r
On an 2tppficalion mzdi- %- rk- '(exscutii-t 2 . ~ 3 : -
the same way a, a2 iima3us: 5e:~eedb~ 15: ;.-. :: r? ih? L-,x-n in

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.]

Dis fraiizt Warrant.


[See rule 30 (4).]
Warrant No.
To
, *mame of officer charged with execution of warant.)
(State tax or taxes due and premises, if ally. i n respect of which
- the tax or taxes are due.)
--------- .- --.--
1 The words "Provincial Governtnent" were substitlrted for e words ''Local
Government" by the Adaptation Order of 1937 and the vord "5s;iate" was substi-
tuted for "Provincial" by the Adaptation Order 9f 195i).
2These words were substrtuted for the word "chsirrnan" l~lvsection 17 (1 ) of the
Madras District Municipalities (Amcnczmcnt) Act, 3 (ItIntrrlls Act X V of
1933).
a Rule 63 was renumbered as rule 64 and the prese~:trille 63 wits inserted by
0.0. Ms.No. 1961 R.D. & L.A., d%.tedthe 4th September 137.1.
4 This rub was added by Local Administration Department Xotification No,
657, dated the 26th June 1939, published at page 460 of Part 3-A of the . ,,*t St,
Oeovae Gazette, dated the 4th July 1939.

-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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' Whereas of has not paid or shown


sufficientcause for the non-payment of the sum of Rs.A. P. due for
the tax or taxes noted abov- for the ending
19 ,Jthough the said sun~,imsbeen duly demanded from the said
alld Meen* ci;iys have elapsed since silch demand was
made : This is to c o r n a n d you to dema~ldthe said su11.1of Rs.
A. P. together with annes two for warrant fee, failing paymcnt of
which you are to distrain tile goods and chattels of the said
(or, as thc case may be, any goods and chattels found on the p r e ~ s e s I

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
%:

sufficient to defray the chmges of keeping and selling such distraint ;


and if within seven days next after such distraint , the amount due
on account of the said tax or taxes and fee shall not be paid, together
wiih such further su111 as may he sufficient to delPray the charges of .
keeping sucb distrain:, +osell the said goods and chattels under
*.., orders to be hereafter issl.~edby me, and to remit to the municipal
I *,
wd
s.
C =
office the sale-proceeds of the distrained property, out of which the
- "'5
i
amoum due on account of the said taxes and fees, viz., Rs. A. P.
f.3
, .$ and the charges on keeping ,and selling such distsaint will be deducted
,'
and credited to the municip:!I fund, and the surplus, if any, returned
5s
:
:
to the owner of the goods and chattels distrained. If distraint or
82.
sufficient distraint cannot be found of the goods and chattels of
you are r o. certify the same to rn
together with this warrailt.

[Signature of the '(executive authori

19 .
[' days in case of tax on servants.]

Words subs titured for the


District hlunic:'pdities (Am
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'[APPENDIX B.

[See ru!e 3 1,(l) (c).j

(State particulars of goods and chattels seized.)

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, . ?

the goods and chattels wi:l I-: - - 1 b n the day of 19 ,


at the municipal office or at such otl~eri'k~ce as the 2[executive
hthority] may direct ; aid that tht: g o d s and chattels may be
, ?

sold at any previous datu, if they are liabb to spccdy and natural 4
?#

decay.

(Signature of the officer executing tiic warrant of distress.)


i*r$$ *+
J!#

STATION

Date 19 . 1
I

,re substituted for the original append


adu District Municipalities (Amendmefit)

substituted for the word "ohail man'' bY sctiofi17


Municipalities (Amendment) Act, 1S 33 (Madras Act XV
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Table of Fees payable on

[See rule 33 -(1).j

Sum distrcrinedfor. Fees.

Under 1 rupee .. .. .. . a e . . 0 4 0 ' ,


1 rupee qnd ovex but uiidcr 5 rupees 0 . , 0. 0 8 0
5 rupees Y9 10 ,,
99
.. * 1 0 0
10 ,, 39 15 ,, . 0 . 1 8 0
..
9#

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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LatestLaws.com

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-

'[(a) Wzshil~gsoiled dothes or keeping soiled clothes for the ;

-
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

. 411)manufacturing or distilling sago ; maikufacturing arti -


ficial manure ; 4imanufacturing bccdie; or cigars] ;
(i) maiiufac:uriilg gullpowder or fireworks ;
( j ) keeping a public halting-place, choultry or other rest-
houw for travellers (other than a choultry or I-cst-house main-
tained by the Government or a local authority), ' a hotel,
restaurant, eating-house, coffee house, boarding house or
lodging house (other than a studeiits' hostel under public or
recognized control ) ;
1 This c:ause was s:ibstitutcd for thi: original dnusc by I hc liealtf1 Department
Notification,claIcl thc27th Novcrrbct. 1951, c I pagc 286 of Rules
S ~ ~ p ; ~ nto~ I3nrt
c n t 1-A of tlzc i . o r l Sb.Ccorgc Gozetrc*. tlalctl the 4th Dccemberl951.
2Tilis iten1 was added by G.O. Ms. NO. 891, L.A., diliic' [ I (. 2711; April 1909.

b for the word " mnki1)8 " srction 174 (i) of t h e ~ ~ ~ i l


s f his word was s~~bstittlted
I
Nadu District Mi~nicipalitics(Annle~~clnic~~t)Act, 1930 (T~t111iI N:ldt~ Act XI ~i 1930).
5
r 4 These words wcrc subsri trttcd for the words " rnanufactul.il:g becdies " by Public

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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LatestLaws.com

Disfrict Municipalities [I920:T.N. Act V

( j j ) keeping a shaving or hair-dressing saloon ;


(k) keeping together twei~ttyor more sheep or goats or
ten or r n .*-~ nigs or head of sattle ;
(1) preparing flour or articles made of flour for human con-
u t ts :
smuption or s ~ s ~met
( i ~ 1n31lt~t'.:~tu!.ii1g
) :.-e or acmted Raters ;
l[(lni,l)bre~.ii,na beer, manufacturing a r r a k or other spirit
containing altohol (whether dcna t ur ed or not), by distilla-
tion ;]
r*l
L 1 ,

+ (n) selling or storing timber, firewood, Lhatching materials,


&;
hay, grass, straw, fibre, coal or charcoal ;
fr
4f0)selling u h o l c d e or rztdiil,cr sbx-i.ng for u 7 h o U or
~7 ,-- - - ..
- 5'" *
a
=, gu 2 b
. a -* %*

flour, bran, oil-cakes or agricdtiiral produce which is likely


- - - - . . .----------- -"- _I_

tcd by I'ublic Hcalt h L3cparlrncnl Nolificit lion No, 381


1 This clause was ir~scr
datedthe 18th October 1946, pv bli~hedat piigc 319 oflaart 1-A of tho Fort St. GeorO
Gazette, dated the 26th Novembel- 1946.
\This clause was substituted by Public Healttl Department Notification No.
ber 1944, prr blishcd a t page IS of Part IRA
cd tl-e 23rd January 1945, re-enacted p
nand from the 30th April 1948, by Pub
, dated the 28th March 19.49, publislled at pages
merit t o Part 1-A of the Fort St. George Gazette, da
lause (o) as amended by P~lblicHealth Departm
the 18th Jrrnuijry 1944, published at page 43 0
e'srg~ Gazette, dated the 16th February 1944 znd
tmsnt Noi;fication b'.'o. 176, d a f d ISe 15th Aprjj IJLC(,
'3 f A I J t i & f fh;
h were re-enacted pr:rm;rnerttly by Public )feafth ;E3@affd
ed the 28th March 1049, referred to above.

. *This word was inserted by Public Health Department Notification N ~ .


254, dated the 12th Jupe 1945, published a? page 146 of Part 1-A of ,he
Fort St. George G n z e l t ~ ,dated the 19th June 1945, re-enacted pe<marrGritly
C.
st t e t r o s p ~ i i \ e effect on and from !he 30th April I948 by h b b c ~ ~ l t h
c Depafimnt Kotification, d m d the 2 4 1 i ~hla:tj. f 449, publi%f,gdat pag* 23 to
32 ofthe Rules Suppltment to Part 1-A uf th.; Fort St. Gmrga Gazette,. &a
ib
the 5th April 1949.
-1-F
1':

&r
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1920 :T.N. Act V] D ~ s ~ I YA'fct /~~ i i i * i / j f / / i t i , ~ < i ~


(P)'[rnanbfact uring jaggcry, i , r I (,r ~yrtrp fithdfi
wise than as a wtt:~r:r: industry by r : r~, r 1 r ,.
ment Ihc t,rc;(:*; c a ; l t t 1(,{1 ( P I I 1 1 1 ! I t t : 1 t 1 1
1f1~11t11t-1.8i,
,p#?r6trnfi i
1
e~lv
Z g q ) d&;:.--; < , ; . . .. * ', '1) , Cr ' ' *, 3 r# , ,, .,?!~,f~fij&
1
SEProvided that 110 lit-nce thall he rcquirud for storir~gpet-
roleum and its lorodu~tsin quantities exceeding those to which
the operation of this Act is limited by the provisions of the Pet-
- c..tral roleum Act, 1934, or the rules or i~otifications issued there-
Xxx under; ]
1934,
storing cotton
4 [ ( q q ) seiling cotton wholesale or retail or
for wholesale or retail trade or for coilversion into yarn; 1
2[(r) manufacturing anything froln which offensive or i;
unwh,oIesome s~nellsarise ; + ,

(s) using for any industrial purpose any fuel or machinery


=[other than such machinery as may, by notification,
4
--
*.

c , ~ <

be exempted by the O(State) Government from time to time];


and $; .i
-
)I

.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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District Municipalities [I920 : T. N. Act v


industrial p r o m
(t) in general, doing in the course of any
anything which is likely to be dangerous to human life or health

Provided. t h ~ tno licei~~e shall be required for the stora5~


of timber, firewood, thatshing materials, hay, grass, straw, fibre,
or coal or '[for boiling paddy or for k :eping soiled clothes or
washed clothes or for washing soiled clothes when such storage
or boiling, keeping or rvasllin!~ is1 For private use :
i 2[Provided r ~ ~ t i i etil-~ ta no lice~~co
i h l l be required under
I this Act for r. 1od:;ing house as defined in the S(TamilNadu)
Public Health Act, 1939, if the keeper thereof has been registered
t

i under that Act .] 01


i
1
I
--. SCHEDULE Vl.
DISEASES.
LISTOF DANGEROUS
[See seciion 287.1
Acute influenza1 Leprosy.
pneumonia. Plague.
Anthrax. Smallpox.
Chickenpox. Tuberculosis.
Cholera. Typhoid fever.
Diphtheria. Influenza,
~nt;ric f e w . Relapsing fever.
Glanders. Rabies.
- -- --
1 Tilese words were sul1stitiltcd 1?lr tic:tlt 11 J)'p~t.ttl:c,lt P?otjfi~~tipn,dated
the 27th Novell~ber 19:) 1, p i ~ b l i s h ~ c;Il t 1Tagc 2 S b crC tllc Rr~irs S\lpplcmcnt
to PartT-A of t h e F o ~ *Stt . Gedrge G'u:t7r;f*,dated the 1st Decenlber 1951, for
the words " when such storage or boiling " whicPl were inserted by section 174(iii)
of the Tamil Nndu District Munic:ipaJitiec (Amendn~enf)Act, 1930 (Tamil
Nadu Act X of 1930).
:This ploviso was a d e d by seclion 28 of the Madras District Municipajj.
ties (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted
permanently with spe~ifiedmodificatioils by section 3 of, aod the &hedule to,
the Tamil Nadu Re-enacting (NO.111) Act, 1948 (Tarnil Nadu Act IX of
1948).
8 These words were substituted for the word "
Adaptation of Laws Orcler, 1969, as amended by tho
o f b x r ( c ~ n r Iraenl3;nel)t)
i 3rder, 1963, iciliit;~mrnc into
ary lW*
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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

Sub- Fine which


seltibn or sectiolt Or Slbjec t . may be imposed.
rule. clause.
1
(1) (2) (3) (4) '

'[I09 .. Failure to furnish lists of


employed.
servants Fifty rupees*]

* * * 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.

143 41 1 milure to obey requisition regarding Fifty


culverts, etc., or to keep them free
rupees.
from obstructian,
144 . Failure to obey reqo'sition to miin-
:ain troughs and pipes for catch- .
no.
ing, etc., water from roof or other
part of buildins.
*
146 .. Failure to obey I eqoi ,~tiorlto provide
latrine or to remove latrine to
DO.
another site and failure to keep
latrines clean and in proper order.
147 . me ; F: 2 .'i !i~d"esfor p ~ d w
nurribers c l people or
hi$&&
used by large mgst%!$
to keep them clean and
in proper order,
-.-
- .

_ -- 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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\ :

DGtricf 341zrlk i p 0 ti?jp.7 905


7

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

Making connexion with mains with- Two hundred .


out permission. rupees.
Improper disposal of carcasses, rub- Ten rupees.
bish and filth.
Allowing rubbish or filth to accumu- Twenty rupees.]
late on premises for morc than twenty-
four hours, etc.
Allowing filth to flow in streets .. Ten rupees.
.. Using cart without rover in rcnioval
of filth, etc.
Twenty rupees.

161 .. Throwing- rubbish or filth into drains. Do.


167 .. Building
street.
within r.cgular lilies of One
rupees.
thousand
a[168 (1 Failure to obey orders to set back Five hundred
buildings. rupees. ]
173 .. Ul~lawful disy~acetnent, etc., of pave
inent or fences, posts and other
Fifty rupees.
materials of public st reel.
5
* * * * * * I
i
i
3fi
4 dl175 .. Failure to provide roads, ctr.,
buiIding sites prior to disposal.,
O:I "Two hundred
rupees,]]
f:f, ,
'3- Unlawful making or laying of new Five hundred
;i. 176 (5) private street. rupees.
{"

#!% ..
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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Sub- Fine which


Section or section or Subject. may be imposeed.
rule. clause. e
(4)
(1) (2) (3)
hundred
l[1801 .. Ruildillg wall or erecting tea=, etc.9 One
in a public street. rupees.
"1 80-A .. Obstructing a perso11 in tile US^ of
street referred to in section 180-A*
Rs*1001

,. Al\owinp doors, ground-flocjr windows, Twenty rupees*


\ 181 to open oiltwards without
I licence or contrary to notice.
Failure to remove permanent en- TWO hundred
f

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.

These figures were s


Tamil Nadu District
a This item was inserted by section 5 of the Madras Disd
(Amendment) Act, 1929 (Madras Act XVII of 1929).
This item was inserted by section 175 (xi) of the Tamil
palihs (Xmendmeotj Act, 1930 (Tamil Nadu Act X of
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1920 :T.N. Act V) Dirt rict Mtmicipnlilies 907

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 .

Construction of door- ow wirlclow, ctc., Twenty rupees.


to open outwnrdj on p~iblicdl-eet.
FtiY*7Je k z y - , - -.'- .\ ?t' Do.
!?- --
1 *- 1:';

--*---a :-
L -

.-
--?.c-q --.2- - >

; to rjrc, 2 , -;,- I., +:,is,

down, repair o. ,,r:~(tt{, (lit ttp,cr (JII\


c t riicture.
Failure to ob:y requisition to secure, Fifty rupees.
lop, or cut down dangerous trees.
220 .. Failure to obey requisition to repair, etc., DO.
tank or o:her place dangerous to
passers-by or persons living in neigh-
bourhood,
221 .. Failure to obey requisition to stop One hundred
dangerous quarrying. rupees.
222 .. Failure to obey notice regarding pre- Do.
cautions against fire.
223 (1) Constructing well, etc., without per- Fifty rupees.
mission.
(3) Failure to obey notice to fill up or derno- Do.
lish well, etc.
224 .. Failure to obey requisition to fill up, etc.,
tank or well, or drain off water, etc.
Do.

226 .. Cultivating contrary to prohibition or


regulations.
Five
rupees.
hundred

226 .. Failure to obey requisition to cleanse or Fifty rupees.


close, etc., tank, well or other source
of water used far drinking.
I y227-A .. Obstructing a person in the use and
enjoyment of a well, tank or reservoir
Rs. 100].
referred to in section 227-A.
228 .. Unlawful washing anc fishing in river,
etc., after prohit?itiol or contrary ta
[Fifty rupees,]a
regulations.
230 .. Washing of clothes by wasl~erlnen at
unauthorized places.
[Twenty rupees.]'

231 .. Defiling water of tariks, etc. .. .. [Fifty rupees.]'


L--
-- -. --
1 This item was inserted by section 5 of the Madras District Municipalities (Amend-
ment) Act, 1929 (Madras Act XVII of 1929).
a These mtries were substituted for the original entries by section 176 (xii) of the
Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu A d X
of M?O).
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Failure to obey requisition to enclose, Fifty


leal. or cleanse untenanted premises*
.. pailkire to o k y reqi~isition l:O clear or
leanse, etc., building OI. land in filthy
state or overgrown with nc)xious v%eU
latin't.
Do.
.. 50obey requisitsn to fen%
i3ui)ding or land or twn, OrUne or cut
l e d g e ~ n dtrscj or lower 1\11 e11d0~il1l:
wall.
.. Failure to obey iiq.ii.;.:on tn limewash
or otherwise cleanse boildmg.
DO.

.. r;\ihm to obey rcq~~isitiol~ to ~XSUte One


or take other a~tionwith respect
hundred
rUPeeS in the
0-

to insanitary buildiags. case of building


and fifty n1pees
inthecase of
hut.
Using or allowing the y e of buildings Twenty rupees
I for human ha blrat ion after pro- for each day
&a hibition.
(4) Failwe to obey requisition to demolish DO.
the same.
,ulowing overcrowding in building after Ten for
order to abate the same. each day.
Failure to obey requisition to vacate over- DO*
crowded building or room*
.. Feeding animals on filth . . .. Fifty rupees.
Unlawful keeping of animal so as to be Ten rupees.
a nuisanoe or '[danger].
.. Use of place as stable, cattle-stand, etc., Fifty rupees.
without licence or contrary to licence.
.. ~ ~ ~ s t r v c t or
i o nnuintes~sl~ce cf stable, Do.
z3rtle-shd, ctc.. contra'y to Act Or
buk&&ary1 ~ g i s l ~ t i ~ n .
.. - 3 p , 2s . i . t n\%3 h d m f
;,>laclry to t ~ S U C ~ by
t i v s ~ t \1
~ l ~ t + s ~ ~ ual~\ii.j.
_ _ --- . - -- -".?--._*_ --- -,c-.--
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. +

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

., Slaughter of anil~~als for or food Twenty


or skinning or cutting up c rcasses or for
'I- rupees
every
drying skin so as to cause a ~~uisance. animal, car-
cass or skin,
.. Carrying on milk trade without licence 12iCtyrupees.
or contrary to licence.
.. Obstructing a I-~crson in thc use of a Rs. 100.1
market referred ro in scctior? 269.
.. Sale or exposure fa- sale in pu!)lic market Twenty rupees.
of animal or article 3[ ] without
licence or confrary to licencc.
.. Opening or keepi~;gopen priviite market Fivc
without licencc or contrary to licence. rupeer,
hundred

. Snlc or cxposurc !'or sale or animal or Twenty rupees.


itrticlc in ~inliccnscdprivatc market.
.. I'ailure to obey direction to construct Fifty rupees.
approaches, drains, ctc., lo private
market or to pave fhcm, ctc.
(2) ()l,cning or kccpir~i:olxn 01% l ~ c ' l v i ~ lin;^^^
c Twenty rltptxg
kct after s , : s i o ~ o r r cfusal of for each day.
licence for dofiiu l t l o carry o ~ l works.
t
.. ~ u i s a n c c sin pt.i\.atc l~larkcis Lwenty rupees.
.. Carrying on bu i ihsa's,tishlnonger's or One hundred
POU ~terer's trade without 1icence, etc. rupees.
__._l_&__^ -- - - - ---..-- - -- . - - ---
~ ~ itemh Masi inserted
~ by section 17.5 (xiii) of the 'Lamil Nadu District Munici-
palities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).
s This iten, inseI'teC1 by section 6 of the Mzdras District Municipalities
(Amendment) Act, 1929 (Madras Act Xi'i: of 1929)).
t The words of foou " were omitted by section 176 (niv) of the Tamil k d u D
Mdicjpalities (Anlondment) Act, 1930 (T.imil N d u Act X of 193%
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I,
t
i
9 .
b 910 District Municipalities [I920 :T.N. Act V

I3 Section Sub-. Fine which ,

.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

.. Discharge of office of grave-digger -or Five rupees.


attendant at place for disposal of dead
without licence.
.. Failure of medical practitioner or owner Fifty rupees.
to give information of existence of
dangerous disease in private or public
dwelling.
.. Failure to obey requisiticln to cleanse or
disinfect buildings or at.ticles.
Do.
-_-.___ __-- .--- ---
1 These words wem substituted for the words 'Sale of article in public streds ''
by sectiou 175 (xv) ( t h of the Tamil Nadu District Municipalitis (Amendme~t,Act,
1930 (Tamil Nadu Act X of !930).
These items were inserted by section 175 (xv, (b), ibid.
8 These words were substituted for the word " chairman " by section 17 (1) of the
Madras District M ~nicipalitios( b A ~ - - ~ r ~ Act, n t \ (Madras Ad XV of 1933).
~ ~ c1933
4 This expression was substituted for the word and figures " section 269 " by sectior
175 (xvi) of the T mi! Nadu District Municipalities (Amendment) Act, 1930 (Tami
Nadu Act X of 19.j0).
6 This item was ins~rted by section 175 (xvii), ibid.
These words were substituted for the words " Use or allowance of use by sectio:
3(1) of, and tho Second Schedule to, the Tamil Nadu Repealing and Amending4ic
1951 (Tamil Nadu Act XIV of 1955).
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1920 :T.N. Act District Mzrnicipalities $11

Sectiorz Strb- Finp which


or rule. section or may be imposed.
rlarrse.

291 (3) Waslting of infected article at u~lautho- Fifty rupees.


rized places.
Giving, lending, etc., of infec ted articles. Do.
Using water after ;,rohibition . . . . Do.
Infected pcrson carrying on occupation. Do.
Travelling of infected person in public Do.
collveyance without taking proper pre-
cautions against sproad of disease.
Entry of infected person into public Do.
conveyance without notifying fact of
infection.
Carrying infected person in public con- Do.
veyance.
Letting or sub-letting of infected buil- Two hundred
ding without previous disinfection, rupees.
etc.
Failure to close glace of ~ u b l i centertain- Do.
ment.
,299 . Sending infected child to school .
. Fifty rupees.
'E3011 .. Failure to give information of small pox. Do.
302 . Person entering municipality within forty
days of inoculation for small pox with-
One
rupees.
hundred
out certificate.
321 (8) Failure to produce licence on request, Five rupees.
'1325 . Failure to obey summons .. .. Fifty rupees,]
333 ' (1) Failure of occupier to obey requisition to Fifty rupees for
permit owner to comply with provisions each day.
of Act,
359 . Obstructing or molesting nlunicipal coun-
cil, etc.
Fifty rupees.

360 e Ren~ovingma& set up for indicating level, Do.


etc.
36i .. Removal, etc., of notice exhibited by or Do.
362 .. under orders of the council.
Unlawful removal of earth, sand or other
material from land vested in the council
Twenty rupees.
or deposit of matter or encroachment
in or on river, estuary, etc.
Rule 57
of
.. Failure to obey requisitian by auditors
to attend, give evidence or prodvce
Fifty rupees.
Schedule IV. document. - ------

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.~

[See section 313.3

clause.

139 ,, Failure to maintain how:-connexiotls Fivc rupees,


in confor~~lity
with by-laws and regu-
lations.
131 (2) Failure to obey requisition to rnake iluuse-
connexion .
138 , . Failure to maintain l~ousedrains, etc., Ten rupee&
in confo~mitywith by-laws and regu-
lations.
139 (2) and Failure to obey requisition as to house-
(3) drainage.
144 , . Failure to gbey requisition to nlaintain
troughs and pipes for catching, etc.,
water from roof or other part of buil-
"ng.
146 , . Failure to obcy requisition to provide
latrine or to remove latrine to another
site and failure to keep latrines clcan
and in proper order.
147 .. Failure 1.0 provide latrines for. premises Twenty rup
used by large numbers of people or to
keep them clean and in proper order.
.. Failure to obey requisition to provide
latrines for market, cattle-stand or cart-
stand or to keep them clcan and in
proper order.
;. '[I 671

.. Failure to provide roads etc., on build- Fivs rup


ing sites prior to disposal.
-.-. - --

$ The' entries relating to, section 174-A were omitted by section


Tamil Nadu Trafic Control -Act, 1938 (Tamil Nadu Act V of 19
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District Mu~licipalitie~
PENALT~ES FOR CONTINUING BYEACHPS--C~N$,

sub-
Section or section er Subject. Daily fine wRicil
may be impored.

.. eilci-aach- 'Fen rup~rs,


railure to relnc vc ~tcrrc~anent
men t .
.. Failure to remoi',? t ~ m p ~ r , iznzrcacli-
<y Five rupees.
rnent.
.. Unlav~fulmaking cf hole or placing of '7-en rupees
ob;truction in street.
Construction, etc., of building without Do.
licc;,ce where street or footway is
likely to be obstructed.
Failure to obey requisition to round or Fifty rupees.]
splay off buildings at corners of streets.
.. Construction of external roofs, etc., %Fenrupees.]
with inflammable mzt erials.
.. Failure t o keep external 1va.11~ of pre- Do,
rnises in proper repair.
. Failure to obey requisition to repair, Ten rupees.
etc., tank o r other place dangerous to
passers-by or persofis living in ntigh-
boul-hood. I

.. Failllre to obcy requisition to stop DO.


dimngerous quarrying.
.. Fililure to obey nrttice I-cgarding prc- Do.
cautions against firc.
.. Failure to obey requisitiQn to fill up,
etc ., tank or well or d ~ a i noff water,
DO.
etc.
. F d u r c to obey requisiticln to cleanse
or close, etc., tank, !?ell, etc., or
DO.
other source of water used for
drinking.
.. Failure ro obejTrequisiticn to enclose,
clear o r cleanJe untenanted premises.
Do.

.. ~ a i l u r eto obey requisitioll to clear or


cleanse, etc., lmilding or iand in filthy
Do. .
state or overgrown with noxious
vegetation.

the Tamil Nndu District M


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sect~on I 1 0 \ .i) of the Tamil Nadu District


i These items were inserted by 1930
~ ~ ~ i c i p a l i (~mendment)
tie~ Act, (Tamil S a d n Act X of 1930).
hese
, -
a-a ...*, A r c n n * ).rv
were substiturea Ior LUG w u i u
Y W
~ ppction 176 (vii), ibid.
-.l
I)--- --- - --
, . -
his item was inserted by section 176 (viii), ibid.
I
125-13-58A
0
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[SCIEEDULE IX*.

LIST OF MIJNICIPALIT~ WHICH COWSINBPI I


APPOMTED.

[See sections 3 (8-C) and 12-C.]

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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l930.i T.N. Act X] Qistrict Murricipatities 297


tAmendmmt)
'[TAMIL NADU] ACT No. X OF 1930'.
[THE'(TAMILNADU)DISTRICT MUNTCIPALITIES
(AMENDMENT) ACT, 1930.1
(Received the assent of the Governor on the 2nd May
1930, and that of the Governor-General on the 17th
June 1930 ; the assem of the Governor-General
was first published iiz the Fort St. George Gazette
of the 26th August 1930.)
An Act to amend the l[TamiI ~ a d o District
j Muoiei-
palities Act, 1920.
WHEREAS it is expedient further to amend the
zp
v
A O ~ of
'[Tamil Nadu] District,Municipalities Act, 1920;
AND WHEREAS the previous sanction of the
1920. Governor- General has been obtained to the passing of
this Act ; It is hereby enacted as follows :-
1. This Act may be called the '[Tamil Nadu] Short title.
District Municipalities (Amendment) Act, 1930.
'[2 to 178. * * * a 1
179. If any difficulty arises as to the firs1 consti-
tution or reconstitution of any municipal council after
the commencement of this Act, or otherwise in first
giving effect to the provisions of this Act, or of the said
Act as amended by this Act, the '[State Government],
as occasion may require, may, by order, do anything
which appears to them necessary for the purpose of
removing the difficulty.
6 [ S * ~* * ~ 1 ~ ~ ~
1 These words were substituted for the word 'LMadras" by the
Tamil Nadu Adaptation of Laws Order 1969, as amended by the
Tarnil Nadu Adaptation of Laws (second ~mendrnent)Ordcr, 1969,
wh~chcame Into forceon the 14th January 1969.
9 For Statement of Objects and Reasons, see Fort St. George
Gazette Extraordinary, dated the 12th September 1929-Part IV,
pages 77-84.
J Sect~ons2 to 178 werc re ealsd by the First Schedule to tlle
MadrasRepealingand ~ m e n Act, ~ g 1938 (M;,dras Act Xlll of
1938).
4 The words " Provincial Government " were suhstitutcd for
the words " Local Government " by the Adaptation Order of 1937
and the word "State" was substituted for '' Provirrcial" by the
Adaptation Order of 1960.
6 The Schedule was repealed by the First Scheule to the Madras
Repealing and Amending Act, 1938 (Madras Act XI11 of 1938).
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1936 :T.N. Act XXlIIl Di~trict.lMunicij.@itie~ 502


(Amendment) .
i l
'(TAMIL NADU] ACT No. XXTII OF.1936e.

(Received the assent of the Governor on the 18th October


1936, and that of the Governor-General on the i
7th November 1936; the assrrzr of the Governor-Gene-
ral wnsjirst published in the Fort St. George Gazette
of the 24th November 1936.)
1

An Act further KO amend the l[Tamil Nadu]


District Municipalities Act, 1920, for certain !
i
purposes. 1
'[Tamil
Nadu] WHEREAS it is expedient further to a~xcndthe '[Tamil
Act V of Nadu] District Municipalities Act, 1920, for the
1920. purposes hereinaf'ter appearing;
ANDWHEREAS the previous sanction of the Governor-
General has beell obtained to the passing of this Act;

It is hereby enacted as follows ;-


I. This Act may be called the '[Tamil ~ a d u j : r
District Municipalities (Aniendme~~t)
Act, 1936.

5. All Or dC ~ S ,whcf her g('ncla1 or special, issued o r d e r s under


under sub-section (2) of section 132 r?f the said Act section
132 (2) of
before the commerlcement of this Act shall, notwith- qTamil Nadu
standing nnylhing contained either in the said Act or A C ~ v
in this Act, be deemed to have the same force and
efect as by-laws siiatfe under the said Act as amended as by-laws.
] of
fz$e,
by this Act.
3 These words were substituted for the word " Madras '' by the
Tamil Nndu Adaptation of Laws Order, 1969, as amended by the
Tamil N;ldu Adaptation of Laws (Second Amendment) Order, 1969.
t ForStatemcnt of Objects and Reasons, see Fort SL George
Gnzetre, dated the 26th May 1936, Part IV, page 265.
1
' I
2 to 4 were repealed by section 2 of, and the First Schedule
8 Sectiot~s
to, the Tamil Nxdu Repealing and Amending Act, 1951 (Tamil Nadu I

Act X1V of 1951).


4 This expre~nioliwas nubatituted for the expreedon "Madras
I
~ c t "by the Tamil Nadu Adaptation of Laweorder, 1970,
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bl'uni@ditiej [1936: ?.N.Act

mmwcement of this Act, a


a by-law under sub-section
e said Act, or issues any general
sub-section (2) of section 132
thereof or enters into any ageement with any person
for the supply of water and such by-law, order or
agreement provides for the levy of a charge for the
water supplied on the basis of the number of taps
allowed, irrespective of the quantity of water consu-
med, the same shall be deemed to be valid, notwith-
standing anything contained in the said Act.
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;

862 Madr~scity~ h i 2 [1942: , T.


District blmicigaliries and
Local Boards Second (Amendment)
'FAMIL N4DUI 4CT No. XXlV OF 194'ie.
[ ~ H EMADRASCITY
PALITIES Ahu) LOCAL
MENT) ACT, 1942.1

(Received ti~eassetrtof the Go)*ernoron the 5th October


1942, Jirst published in the Port St. George
Gazette on the 7th October 1942.)
411Act further to amena tbe Madras City Municipal
4ct, 1919*, the "Tamil Nadu] District Manicipa-
lities Act, 1920, and the '[Tamil Nadu] Local
Boards Act, 1920.3
Whereas it is expedient fbrther to amend the Madras
City Municipal Act,
Municipalities Act, 19
Boards Act, 192a3,fo
i n 4/lt is hereby enact
Short ti:!c. 1. This Act may be
cipd, District htunicipal
Amendment) Act, 1942.
ExtemC~n 2. (1) Thc term of office of the councillors itnd
o f t e m of aldsrme~lof the Corporaticrl of Midras which, under
~J@CCa
:
couaciljors the law tiow in force, extends up to noon on the first
and al&r-
Inen of the
Co rporatbn
of Madras. _ __-_
-_--- -- -
Thebe words were substituted for the wt~rdI' Macfras " by the
Tamil Nndu Adaptat.ion of Laws Order. 1969, as amended by the
Tamil Nadu Adaptat~onuf Laws (Second Amendment) Order, 1969.
2 E'or Statwent u f Objects and Reauons, see Fort St. George
Gu:ette, dated the 3rd December 1940-Part IV-A, page 91.
a Now the Tanul Nadu District Ruards Act, 1920 (Tamil Nadu
Act XIV of 1920).
4 These worcls were substituted for the paragraph containing
the enacting formula and the paragraph preceding that paragraph
by section 4 of the Tamil Nadu Re-enacting (No. 111) Act, 1948
(Tan$ Nadu Gct IX of 1948).
* Tho ohort title of this Act has now bdsn altered a8 the Madras ,
City Muniolpal Corporation Act, 1919. .i

- . *
. .-
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1942: T.N. Act XXIV] Madras City Yunicipal, 863


District Muni~ipalitiesand
Lo ca2 Bourds (Second Amendhent )
day of November 1942, shall extend instead up to
noon on th : first day of November 1943, and the pro-
*[Tarnil visions of t ?e Madras City Municipal ~ c t ,191F*, as
Nadu] amended b:. this section, shall have effect accordingly:
Provitled that the '[State] Government slzall
have powel to direct that the term of office aforesaid
shall expire at, or extend up to, noon on such earlier
or later date as m a b ~ 'fixtd by tlle~lland from time
to time to divance or postpol~cany tiate so fixed and
fix another late ins teail.
(2) Uhcre a n y dite other than the first day of
'P'alnil Novembzr of any yearpis fixed under thc proviso to
IV of sub-section (l), the provisions of the Madras City
1919. Mul~icipal(icl, 1919+, shall be subjcct to the follo\ving
modificatic ?s, llrinlely :-
((1) The "St:. ieJ Ciovcniment stla11 zause
clcctiotzs a ~d appoi~~t-:lents ot' co~~t?cillors and alder-
men to be held or- ~n.idc to thc coutdl, so that thc
newly elccl :d or :tppo;ntcd councillors and aidel Inen
may come 1110 oAicc on the date liurd as aforesaid.
(b) 'The tcrlil of dflict: 01' the n ~ w l yelectcd
or appoitlt:d c o u ~ ~ c i l l oarid~ . ~a1tlcnut.11 shall, s~tbjeci
Nadul to t h~ pro ~ibionhui' 1 ilc LW.~d~.as City M unicipat Act,
c no011 oll tile tir.,t clay of Bovembcl.
Act J V 4 ) f 1919*, ex[ t ~ at
iilm~ediatc. y I I 1 l1c x i of tllrcc year\
fi.orn Ihr d ~ l rCii'l.tccl
e id ill cl,111sf( 0 ) .

( c ) The cl~ctionof ~ l i ch/l:lyt?r, 1lcputj Mayo1


and nicml ers of rllc stancti~~g coln~nittecs sh:tll b~ I
held ut thc li:.ht ~11~'~lillg ofttic coi111~illlcld after the I
1
date rtfcrr xi to in cl~usc:(o), allif tilt clcctiou of thc I
cllairn~rit~)I' c;~cll ,t;tuditlg conilni [fee \hall bc held
at the fi1.s; ~ncctingof SLIL'II cornl~litICC.
-- . - - - .----. - . - --
I These w'bltls wcrc \ut~\tltlllt.tif i l l thc w111d" Modra\" by thc
Tamil N,tdu 4d;tptnti(l11 La\\\Ot(lcl', 1960, as a~~lendccl by the
Tamil Nailu i ~ l . ~ l ? l . ~ of
t~ol~ (Sccocld An~cnti~nent) Order, 1969.
"his wrl .tl w;iz st1b3ti iiletl for tltc ~ 1 1 1 . ~ "1 Prokincial " by the
Adaptation Crder of 1950.
* Thc.s!~orttitle trf this Act 111s now beet1 ~lrereda\ tlte hl,~dr,\, ,
City M u n ~ c ~ Corporatilm
p~l Act. 1919.

1
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t

4 Madras City Munic$nl, El942 :T.N.Act XXIV


District Mvnicipalities and
Local Boards (Second Anrendwtt)
(4 The *[State] Government shall have power
to direct that the election of tht Mayor and Deputy
Mayor shall not be held, as required by sub-section (1)
of section 28 of the Madras City Municipal Act, 1919*,
at the fitst meeting of the council held after the first A ~ ~ I v ~ ~
s?$il
day of November, imn~ediately succeeding the date 1919.
referred to in clause (a).
3[3-8].
9. The term of office of the n~ernbe~u of every
panchayat constituted under the '[Tamil Nadu] Local qTamil
Boards Act, 19204, which under the law now in force Nadul
pancham extends up to noon on the first d ~ of y November 1942, ~ cXIV t
shall extend iriteacl up to noon 011 the first day of of1920.
November 1943. and the provi~ions of the '[Tanlil
Nadu] Local Boards Act, 1920'. ns i~u~etlded by this
section, shall havc cEcct accol-dingly : ~ c xIV
t
of 1920.
Provided that the '[Stale] Go\ :I iullcnt silall ha se
power to direct tlzxt 111~'term 01' c ~ f t;lfo~e?mi~I
i~~ shall,
in the case of such pnl~chaatsor nn! of them, expire
at, or extend L~I) to, 110011 un \ucil 2.11 licr or I ' r t ~ f date
as may bc fixed by tlle~u,and i,~ I n ttinw 10 tillle to
advance or p o ~ t p o nally~ ~clate st) ;l\cd and fi\ ;ulotfler
date instoad.
10. In tlic c:c.;c of ;trly pancll,i!'.ir constituted under
the "[Tamil Nadu I Local Boa~itsid(, 19201, to which qrarni1
stxtjon 9 docs 11ot apply, the 'islate) Govel.nrnent Nildul
shall have powcr to cstend the t e r n of office of the of Act XIV
1920.
members up to noor1 on such d,itt' ;LS may hc fixed
by them and froin tilnc to timc ta ;l~lvanceor postpone
any date so fixed :~11d fix another cl,ttc i~lstt;ld.
__This
_1
_ _ ___ --
_^. -- -- - - - . - A

d W ~ l 4subrl~lutedfor the I\ ,)r cl "PI o\irlLi.1lv t;i(xe


$4'01
Adaptatloll O10er of 1 !J50.
2 These words wcle sub\t~iulcdfor t l ~ ctvorti " Al.r~l~~s" by the
Tamil Nlrdu Adaptation of Laws Oriler. 1969, as nmc~ttlsdby [lie
TamilNadu Adaptation of Laws (Secot~J \~ucltQncnt) Order, 1969.
a Sections 3 t o 8 we1 c t j n ~ l tctl
t b) scc~it,n3 i Schcdule
n a ~the
tor theTatnilNadu lie-e~lacling(N<).111) - k t , I948 (Tdn~ilN,tdu Act
lXof1948).
4 Now the Tamil Nlrdu 1)i~lricl IJ4)iirti.; Act, I920 (Ftmil NaQu
Act XIV of 1920).
* The short title of this Act has now bccn a1tcrcd ,is the Madras
C b Municipal Corpor'~tion Act, 1919.
i
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*
1942: T.N. Act %%IQ dadras city ~ z t n i c i ~ a i863
,

i
16
District Municipalities and Local Boards
(Second Amendment)
11. Where any district board or panchayat has special
"

to be reconstituted by election for the first time after pflviskl!


1 illa& the commencement of this ~ c t the for r m k
, provisions of the stitution
Nadu] '[Tamil Nadu] Local Boards Act, 19202, shall be of district
Act XIV subject to the following modifications, namely :- boards and
of 1920. panchayatr
(a) The 3[State] Government shall cause elec-
tions to be held to the district board or panchayat,
so that the newly elected members may come into
office on the date on which the term of the members -
previously holding office will expire. ,
l[Tamil (b) The term of office of the newly elected
Epgv members shall, subject to the provisions of the '[Tamil
0f1920. Nadu] Local Boards Act, 1920,2and the Madras Dist-
Madras rict Municipalities and Local Boards (Amendment)
Act Il
of 1922. Act, 1921, expire in such calendar year and on such
date therein as the "State] Government may fix :

Provided that thc same calendar year shall be


fixed in respect of all district boards and panchayats
Madras situated in any of t11c distrjcts included in the same ,
AC~XIII Group of the Scl~cdulcto the Madras Local Boards
of 1935. (Amendment) Act, 1935.

4[8:p/analion.--Notl~ing co~ltajllcdjn clause (a)


'[Tamil shall bc deenlcd to afkct in any way thc operation
Naduj
XVI of section 3 of the '[Tal~ulNadu] District Municipalities -
of 1946. and Local Boards (Second Amendment) Act, 1946.1
-- - ----.- --..-------
These words were substituted'for the word "Madras" by
I
the Tamil Nndu Adaptation of Laws Order, I!)(iH, a3 amended by
the Tamil Nadtr Adaptstion of Laws (Second Amenrlme~it)Order,
1U69.
2 N o w the Tamil Nadu District Boards Act, 1920 (Tamil Nadu
Act XIV of 1920). 1
This word was substituted for the word "Provincial'* by
the Adaptation Order of 1!J50. I
1
4 This Explanation was added by saction 3 of, and tho

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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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

(ReCeiveci the assent of the Governor on the 21rt


September 1946 ; $rst yublisltc(1 clit the Fort St.
George Gazette U I ~the 1st October. 1946.)
+
An Act. to amend the '[Tamil Nadu]
District Municipalities Act, 1920, the
l[Tamil Nadu] Local Boards Act, 1920*,
and the Madras City Municipal, District
Municipalities and Local Boards (Second
~mendmetlt)Act, 1942. a

*[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'

reconstituted before the commencement of this Act,


mtmidpal or where any mdnic~palcouncil or district board
conaeik and
is superseded or dissolved after the commencement
dirtdd
boards to be
by Jection.
of this Act, the pr~visionsof section 4 (1) (a) or sec- Tamil ,
tion 8 (1) (a), as the case may be, of the* Madras &ad,l
City Municipal, District Municipalities and Local ~ c t
Boards (Second Amendment) Act, 1942 (hereinafter
referred to as the said Act), shall not apply to the
O zi!'
reconstitution of such municipal council or district
board and all the members of such municipal council
or district board, when it is reconstituted, shall be
elected. .

EIactians to 3. (1) Where electio~zs have to be held for tlze


district first time after the commencement of this Act to fill
boar* and
appointment vacancies in the officc of the membcrs of ally district
of Special board wlrose term of office has been fixeci under
offiars. section 7 or section 8 (1) (c) of the said Act, then,
notwithstanding anythinp contained in the I[T,mlil
Nadu] Loci11 Boards Act, 1920*, and in section 11 (a)
of the said Act, i t \hall bc lawfill f01. the "statcj Nadu]
Governn~ent- XIV
Act 0
1920.
(i) to cause elec;tiotzs to bt' held to the district
board so tlmt its 11cw1y elected membcrs may corllc
into office on any date fixed by the 2[State] Govern-
ment, which may be different from the date of cx-
piry of the term of the metnbers previously lzolding
office ;
\

1 Tbese words were substitt~tedfor the wort1 "Madras" by tho


Tamil Nadu Adaptation of Lnws Order, 1969, as n~llendedby the
Tarnil Nadu Adaptat~onof Lnws (Second Amendment) Order,
1969.
2 This word was substituted for the word uProvincial" by the
Adaptdon Order pf 1950.
* NOW the Tam11Nadu District Boards Act, 1320 (Tamil Nadu
Act X I V of 1920).
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1946: T.N. Act XVI] District Municipalities 953


and Local Boards (Second Amendment)
(ii) l[from time to time] to advance or p s t -
1 pone the date fixed under clause (i) and fix instead
I

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

aifimil 4. If any difficulty ariscs in giving effect to the power


/o' Na(lu1 provisions ot'tllis Act, or of the "Tamil Nadu] District remove
v Municipaiit~ C SAct, 1920, the Z[Tamil Nadu] Local diffiCulti~s.
of 1920. Boards Act, 1920*, or thc Madras City Municipal,
e[Titmil District Mw~icipalities and Local Boards (Second
Nad~l Amendment) Act, 1942, as amended by this Act,
Act
of tile 3rStntel Govcrnmcnt may, as occasion may arise,
I%O, by order do anythilig which appears to them neces-
P[ramil sary for the pllrpose of re1110vi~gthe difficulty.
Nadul
Act
XXIV o r
1942.

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

*Now the Tamil Nadu District ~dard.9Act, 1920 (Tamil Nado


Act XIV of 1920).
.
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P""'
..I.*'

954 ilistrict Mmzicipaliiies and [1947: T.N. Act If


Local Boards (Arnazd~~,ent)
l[TAMIL YADU] ACT No. 11 OF 19472.
NADU)DISTRICT
(TIfE ~(TAMLL MUNICIPALITIES
AND
LOCALBOARDS (AMENDMENT)
ACT, 1947.1
(Received rlie uscertt of the Governor on the 30th
Marclt 1947 ; Jirst pttblished in the Fort St.
George Gazette 011 tllc 30th Mnrclz 1947.)

An Act further to amend the '[Tamil Nadu]


District h5unicipalities Act, 1920, the
[Tamil Nadu) Local Boards Act, 19203,
the Madras City Municipal, District
Municipalities and Local Boards (Second
Amendment) Act, 1942 and the llTamil
Nadu] District Municipalities and Local
Boa1d i (Second Amet~dment)Act, 1946.
WHEREAS 1, 13 cxpedicilt f ~ ~ r t l ~to e r amend
'[Tamil N.I~!!L] Diqtrict M~tnicipalities Act, 1
(he [Tarnil NacluJ Louil Boards Act, 19203,
Madras Cii! M u n ~ c ~ p iDiatrjcl
~l, Mu~~icipalitics 3
Local Boa:d> (Sccuj~dAmc~:clmcnt)Act, 1932, and th
'CTamil N.~~lu t M~inicilx\litics
1 D ~ srict and Local Boards
(Second A!n~ntlnlcnt) Aci, 1946, thc purpo
I~er.eina{'tc~.ippc~sl:~g ; I i j s I ~ c ~ c b yenatitcd
follo\v~:---

\
*

Short title. 1. This k t may bc called tllc llTumil Niici


District h2uniclpalitlcs and Local Boards (Amend-
_ _
ment) Act, 1347.
__I_---.- -
Thew wt~tri, were ~lubstitutedfor the word "Mndrai" by the
1
Tamil Nadu +\~i.~ptnll*,11 of L.iws Order, 1969, iks amended by the
Tamil N a d u . \ . i ~ p l ~ t l o iu>f Laws (Sccul~d Alncndmcnt) Order,
1969.
For St.~tcmi.ntof Objects und Reasons, see Fort St. George
a
dated ft~c2lst January 1947, Part IV-A, pnges 39-40.

I
Qozette,
8 N o w the T.lmil Nddu District Boards Act, 1920 (TamilNadu
Act XIV of 1920).
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1947 :T.N, Act II] ~ h t r i cMunicipalities


t and .955
Local Boards (Amendment)

5. (1) Where elections have to be held for the 1 ,


first time after the commencement of this Act to fill municipal
vacancies in the office of the councillors ot any faop~;,":
municipal council whose term of office has been of special
fixed under section 3 or section 4 (1) (c) or section 5 Officers.
of the Madras C i t ~ Municipal, District Mimici-
palities and Local Boards (Second Amendment)
Act, 1945, then, notwithstanding anything contained
in section 6 of that Act and in the 2[Tamil Nadq
District Municipalities Act, 1920, it shall be lawf~tl
for the 3[Statel Government-
(i) to cause elections to be held to the munici-
pal council so that its newly eledted councillors may
come into office on any date fixed by the 3[State]
Government which may be different from the date
I
of expiry of the term of office of the councillors pre-
viously holding office ;
(ii) from time to time, to advance or post-
pone the date fixed under c l a u ~ c(i) and fix instead
another date ;
(iii) to appoint for that municipal council,
a Special Officer during the interval between the date
of expiry of the term of the counciUors previously
holding office and the dare on which the newly
elected councillors will come into office.
(2) Where any date other than the first day
of November of any year is,fixed under sub-section(1)
as the date on which the newly elected councillors
-- --
1Sections 2 to 4 were repealed tiy Tamil Nadu Act XI of 1952.
8 These words were substituted.'for the word '#Madraswby the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tad1 Nadu Adaptation of Laws (SCcond Amendment) Order, 1969.
8 This word was substituted fir tho word '4~rov&ial" by the
Adaptationorder of 1950.
1
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of a municipal council will come into office, the


term of office of such councillors shall subject to
the,provisions of the '[Tamil Nadu] District Munici-
pallties Act, 1920, and the Madras District Munici-
palities and Local Boards (Amendment) Act, 1921,
expire at noon on the first day of November immedia-
tely succeeding the expiry of three years from the date
so fixed.

(4) A Special Officer appointed under sub-


section (1) who is not a District Collector or a Revenue
Divisional Officermay, if the Z[StateJGovernment so
direct, receive payment for his services from the
municipal fund.

6. Where elections have to be held for the first


:lcctionsto time to a district board which has been superseded
istrict
upder under section 4.5-A of the '[Tamil NaduJ Local ~[Tamil
:
uperresslon
thecorn-
encement
Boards Act, 1920j and has not been reconstituted
at the commencement of this Act, the 2[State] Govern- xIV of
f~ c t . ment may, notwithstanding anything contained in 1920.
sub-section (4) of that section, postpone from time
to time the reconstitution of the district board for
such period as they think fit.

1 These words were substituted for the word "Madras" by the


Tamjl Nadu Adaptation of Laws Order. 1959, as amended by the
Tam11 Nadu Adaptation of Laws (Second Amendment) Ordar,
1969.
.a Thjl wofd Was subaihtted for the word MProvfncIal"by the
~ b p t a t i o nOrder of 1930.
8 Now tho Tamil Nadn Distriot Boards Act, 1920 (Tamil Nadu
Act X I V 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.

a Tamil 8. If any difficufly arises in giving effect to the Power


6du1
Act V provisions of this Act, or of the 3[Tamil Nadul to remove
of 1920. District Municipalities Act, 1920, the 3[Tamil Nadu]
dimculties.
qTamil Local Boards Act, 19204: or the Madras City Munici-
Nadu] pal, District Municipalities and Local Boards (Second
Act
XIV of Amendment) Act, 1942, as amended by this Act,
1920. the '[State] Government may,, as occasion may
8 amil require, by order, do anything which appears tu
Gdul them necessary for the purpose of re~noving the
Act
XXIV difficulty.
of 1942.

__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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988 Mmicipd and Locnl [I947 : T.N. Act XXIV '


& Q ~ T ~(-4mendmen
J t)

lCIXMIL M D U ] ACT No. X X N OF 1947%.


('I'm'(TAMIL MUNICIPAL
SADU) AND LOCALBOARDS
( ASIENPMENT)
ACT, 1947.1
(Received !fie assent of the Goverrtor O H the 2nd Dccenz-
ber 1947 ; jirst yubli~hrdin the Forr Sr. Gcorge
Gazette or1 tk 9th Decenzber 1947.1
An Act further to amend the YTamil Nadul
District -Municipalities Act, 1920, and
the [Tamil Nadu] Local Boards Act, 1920,3
and to supplement the Madras City
Municipal Act, 1919."
WHEREAS it , i ~:xpedieut further to amend the :[Tamil *[Tamil
Nadu] Di\{ia.c! Mu~lic;pai.!.es A t 1920, ilnd the ~ ~ $ l o f
'[Tamil Naclu] Lc,cal Boards Acr, 1920,3 and to 1920.
supplement 1h-i Madras City Municipal Act, I919,*1 [Tamil
for the purp ~i;-; hereinnher appznring ; it is hereby Efii,,
enacted as follc .rs :-

Short titla 1. ( I ) Thiz .Act may be called


and com- Municipal :in< Local Boards (
mencament. 1947
(2) S c c ~ ~ o2n of this Act shall be deemed to
have conle into force on the 29th day of June 1920,
section 3 011 i h t . 4th day of January 1921, and section
4 on the Is1 clay of April 1946.
'[2. * * * * I
These wor& were substituted for the word " Madras " by the
Trmil Nadu Adrptatipn of Laws Order, 1969, as amended by the
Tamil Nadu Adapukon of Laws (Scmnd Amendment) Order,
1969.
For Statom- of Objecl~ and Reasons, saa Fort St.
Georpr Gazcttr, dabd the 12th August 1947, Part IV-A, pagbs 135-
136.
a Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu
Act XIV of 1920).
6 Ssaions 2 and 3 were repealed by Tamil

* The short tit10 of this Act has now b o a al


Municipal C m n Act, 1919,
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.'.".'.
'I
A
. *

1947 : T.N.Act XXrVl Municipal and Local 989


Boards (Amendment)
X * * * * I
4. If any difficulty arises in g;v g effect to the Po,,r to
A C ryof
~
1919.
provisions f
of the Madras City Mun, lpal A d , 1919,'rernova
in relalion to the areas (compr-sing the Saidapet consequent
diffldt ios
Mun:cSpal area, the Sembiam ant1 Amnjikal-~iPan- on theinclu. I
chayat &ireas,ancl certain other areas) include' ' within sipn in the
the 11in.r;of the C.ty of Madras by L o c ~ lA.:minist-
ration Department Notification No. 107, published the Sqidapet,
Eic:sof 1 1

. a t Page 79 of Part I-A o i the Fort St. George Gazette, Semb~am,


dated the 19th March 1946, the a[State] Government, ~~~~i
as occasion requires, Wny, by order, c!o anythingareas.
which apgzars to them necessary for the purpose 1

of removing the difficulty.

" Madras " by the


1969, as amended by
ond Amendment) Order,

rd " Provincial " by the

altered as the Madras


mil Nadu Act XI of
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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

NCuniclpait~ie~ Act, 1920,

WHEREASit is cxpedie~ii further to amend the '[Tamil


'1 01
Nadul District i\/ldnicipalities Act, 1920, for the PurPoses
hereiei"8fter appeiahlg j it is hereby enacted as foilows :--
4p; 1. (1) This Acl may be called the l[Tarnil Naciu] District s o r t
Municjpalities (Amendment) Act. 1950. and corn* ..
k@ : (2) It shall come into force at once : RAcRCcl3?ent8 .
& <

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: # .

(b) if the council is dissolved or superseded before


the date aforesaid, untiI the date of the first elections tor
3 the council after such dissolution or supersession.
2. [Amendments made by this szction have beon jnc~r-
poratea in I[Tamil Nadu] Act '4 of 1920.]
3, (1) The State Government shall ha- power to direct BsttBsioa sf
hat the term of office of the couilcillors of any muaci- term Of
&ty constit~~ted under the l[Tarnil Nadu] District Munici-ogice af
palities Act, 1920, which under the law now in force extends Cauncillor!?
of dist&t
:up to noon on the first day of Ncvember 1950 or on f i e muniCi pali-
first day of November 1951 shall extend instead upto noon ties exphiag
@PI mch date as may be fixed by them, on the first
(2) The State Government- may, from time to time, NovemBer
J
1950 and
advance or postpone any date fixed under sub-section (1) first Novelrr;ll
I

and fix another date instead. leer 1 951.


"- - ---
%Thesewords were substituted for the word " Madras by the
ys
--
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Seeond Ameadmerte) Order, 1969.
2For Statement of Objects and Reasons, see Fort St.
Gtzzgll~,dated the 19th September 1950, Part IV-A, page 369.
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i44 District Municipalities
(Amendment)
( No date fixed under sub-section (1) or sub-sectisn
(2) shall be later than the first day of Novembe~..1952.

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).

5. If any difficulty arises in giving effect to the provisions


d this Act, or of the '[Tamil Nadu] District Muaicipalities
Act, 1920, as amended by this Act, the State ;Government
may, as ocoasion may require, by order, do anything which
appears to them ncccssary for the purpose of removing the
McultY*

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'% , '

1958; 7.k Act XXVj . District M~mici~ai?tics 963


. -
(AntentZ~?~cnt) ' ,$;'

'[TAMIL N,~DU]ACT No. XXV OF 1958.'


[THE T TAMIL NADU] DISTRICT MUNICIPAUTIES
(AMENDMENT) ACT, 1958 .I . +

[Received the assent oftthe Governor on the 30th September


1958; first published in the Fort St. George Gz.~ett,e
Extraordinary on the 12t October 1958 (Asvina 9,
1880).]
An Act farther to amend thc lnarnil Nadu] DistrM M~~nkf*
pallties Act, 1920.

WIXERBAS it is expedient further t o mend the l[Tzmil


Nalu] District Mt~nicipalitiesAct, 1920 (l[Tomil Nada J
Act V of 19201, for the purposes herein~~fter
appcering ;

BE it enacted in t l ~ cNillt h Year of the Republic of Indja


I a s follows :-
1. This Act mry bc cniled 1he ' ~ [ ~ i ~ r N
n i~l d u lDistrict Short title*
Municjplities (Amentlmcnt) Act, 1958 ".
2. (1) ~ h State
c Govcrnmcnt shall 112v.: powcr to Extension
direct that the tcmm of office of the co~il~ciliors of C V W ~of terin of
municipality coostitutcd under i h c l[T~milN2)3111District office of
councillors
MLinicipnliticsAct, 1920 ?[Tamil N~d.13 A d V of 1920) of munici-
(herejjlp4ftcrrcf:rrct\ to s: Ihc s:jiti Act), w l ~ i PX~C?IC!S
~h I 0 palities
noon on file first day cT Novcmbcr 1.954 sh:rll cx!cild expiring on
instead up 10 noon on such tl:)l,c as nlny hz fixed i9y t l ~ the c 1st bet
Nove~n
Sfatt: Govcr t~rncnt. 1c*--2
t ~ ty, frotn time to timc,
(2) ThepSt2,tc C h ~ v c r n n ~ cmo
otlvnncc or post pone i h c d:jt c fixetl u n t h sul>-scct ion (1)
a ncl fix a ao1,lier d alc: insleflcl.
(3) No date fixcd under sub-section '(1) or S L I ~ = -
section (2) sl~allbc kt-er ~ I I ~ iI lI ~ ethidiet h Gay of April
1959. --- - .-------=
^-I_ -.- -.-,_-

i ' ~ ~ ~~( 3~r sdwcrc


~e sul>stituted for the woril Madras" by
6.6

t h e Tatnil Nadu Adapk;lt ion of Laws Order 1969, 119 :~~rcnckleri


by the
T amil Nadu Adapt at i ( l ,I of Laws (Second Amendment) Onlel-, 1969.
3 For Statement o f Objects and Reasons, sec Fort SL. Gorge
Gazette Extraordinary, dated the 10th August 1958, Part LV-A.
page 27g0
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go4 District Mli~zici~ofities [1958: T.N. Act X X . ~
(~Immrlmeni)

Date of 3. The prnvisions of the said Act shzll h?.ve effect,


electionssubject to the following modificstions, n n v t l y :-
and term of
ofiice of
c~ucillors. (G) Ths St%te Oovkrnm :nt shtxll c l ~ l s celections
to be held to every municipality conc:rn;-d, so th2.t the
n ~ w l yelected mcmbers mDy come into office on the date
fixed as ~~fores:,
id,
(b) Th: tern1 of office of the newly elected coan-
cillors shzll expire at noon on the first day of November
immediately succc.c:ling the expiry of three ysnrs from thc
date referred l o ill clause (a).
hwer 4. If a nydifficul; y arises in giving e&ct to the prc visions
difficulties. of this Act, or of t hc said Act 3 s B mcntlcd by this Act,
<
the State O ~ v z r n m - n tmay; 3s occssion may require, by
ord ex, do anything which appears to them necessary for .
1
tho purpose of removing the difficrlty.

, *

. I

I
4
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'1 : T. N o Act 221 l l i ? f d . ( ~C'jt.y


~ Ml,,li(~/;,,;/
~ ( 1 ? I, , > , . ( lii(~!~ 1215
? I i f District .A/ rtiri( ipir/ilb-6,
2 2 2 0 1 q;. (lficy*f
..

TAMTL M D U ACT No. 22 0: 1971.*


THE TvIADRAS CITY MUN; CTPA.!, CO PPQRAl.ION
A h D TANIIL NADU DISTRICT h1'ilNCLPA-
LlTIES (AI4ENDMENT 4ND EXTEXSION O F
TERM OF OFFICE) ACT, !971.
[Recril?dt fze assen o f tlzc Gol~rn?oron r 4c 4:/1 Szp.'o?2ltel4
,? 971 , and p ~ t b ~ i ~illX thc
~ d Tcmil N2.i ;I (5ovarnment
' Gr.zette E.~t~*i!ordirzarj~ on the 6th September 1971
CBhaiZra 15, I393).]
Air ;!ct jirr*tlzer to n:??cridtlze Mnclras City Mta~icrpalCor-
poration Act, 19i 9 cir~zdtlic. T~mzilNncIzl Dirtrict Muizi-
dpalities Act. 1 279 ail(! r r L r r: the t ~ i . i ?g j~qfJicf of
t/ .i l

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

Rovjded ah2.t arty reference in section 35, section 39,


I[*
2nd Schec?:lIc II t o the conlmencemcnt of this Act
shall bc constr~ec!2s r i referei~ccto the comiizg into force
of tf;e relcvsint provision.

- - -.-
*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)-]

Act to be re ad 35. (1) Notwithstanding an.ythi


subject to Act or it1 the 1919 Act, in regard to th
Schedule 11 and of any standing committee 0;: the additionaI sta
power to
remove difljcul- committee in accordance with the
ties, Act as amended by this Act and o
effect to the said provisions, they sh
to the rules in Schedule 11.

(2) The State Government shall have prver,


notification, to amend, add to, or repeal, the rules in
said Schedule.
(3) If any difficulty arises in
the provisions o f this Act or of the 1919
by this Act or as to the first constitutio
committee, or any additional sta
the commencement of this Act, th
may, as occasion may require, by or
which appears to them necessary for t
moving the difficulty.
(4) Every notification issued under subsection
and every order made under sub-section (3) shall as s
as possible after it is issued or made, be placed on
table of both Houses of the Idegislature,and if, be
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Madras City ~ u n i c i p n i
Corporatbrt and
Tamil Nadu District Municipaliti?~
{Amendinent und Extension of Term of Offife)

the expiry of the session in which it i s so pla ced cr tile


next session, both Ilouses agree in making any rr.edification
in any notification or order or both Houses agree that the
notification or order should not be issued or made, the
notification or order shall thereafter have effect only in
such modified form or be of no effect, as tho case may be,
so however, that any such modifiatjcn or annulment
shall be without prejuciice to the validity cf anything pre-
viously done under thitt notification or order.

PART 111.

AMENDMENTS OF THE TAMIL NADU DTSTRTCT


MbNICIPALITIES ACT, 1920.

icrzfs nzccde by thcsc scrctions l ~ c l ~ a


~ l t e dit; the principal Act, rt~linely,
* k t Mz[iricipnNties .Act, 1920 (T'nzil

PART TV.

EXTENSION
OF TERM OF COUNCIII,I.ORS.
OF OFI:ICE

*
38. In this Part, unless the contcxt otherwise rccjuires,- D

" nlcans n councilloi of n rntinicipal

C-1-125-7-77
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4218 ~WarlrnsCity Municipa 2 [I971 : T.N. Act f


Corporation and
Tamil Na& District Municipaliiie s
(Amendment mjd Externion of T rrm o,f Office)

(2) " Government " meansihe State Government ;

(3) " municipal authority " means the Municipal


Corporation of Madras or a Municipal Co~umil.

(4) " orchinary vacancy " means a vacancy occurring


by efaux of time and "ordinary election" means an election
held, on the occurrence c,f an ordinary vacancy.

Extension of 39. Not withst~ndinganything contained in the 19 19


term of oteoe Act, as amended by this Act, the term of office of the
of c0unciUcrs councillors of the Municipal Corporation of Madras
of the
pal MuniciD holding office as such on the date of commoncement of
Corpora-
tion of Madras. this Act shall extend up to l[the thirtieth day of Novem-
bei 19731 q * * * 1 :

Provided that the Government may, by notificati


for sufficient cause direct that the term so extended
reduct.d by such periotlas may be specified in the notifi-
cation and the Gover~in~ttntmay, in the like manner
cancel or nlodit y any such ~zoti ficat ion.
--- -- -- --

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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:1971 : T.N. Act. 221 Madras C i t y ~ u n i c b c t ~


Corporation d ~ z d
I
Tamil Nadu Disr r icr Mzmicipalities
,Set t-nz nj O[ficc.)
(An~endmcntorld B . ~ t [ ' i ~ . ?~fi ~
i

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

(ii) t l ~ e"counciiTors (otl~crt hnn the councillors 01'


the Coimbatore Municipal Council) elected] aftcr 3[the
date of publication of the MMaas City Municip'~1Corporic
tion and Tamil Ntdu District Municipalities (A~nendmcnt
and Extension of term of office) (Amendment) Act, 1974
in the Tamil NaJu Government Gazette,] to any newly
constituted or reconstit-uted municipal councjl, 4[slull,
extend up to the noon on the first day of July 1976: ]
7 - ---- -- - - -. . . - .A -
T ~ C S C words 11r::rkets wol-c SLIbst i t wtcd for the v q ~ r ( l"tjle
s cc,unc?il]orsof
any municipal council" by section. 2(1) (i) of the 'riirmil Nacl,~l'list rict Municipal
Councillors (Extension of ter-in oC oiTrce) Act, 1975 (Tamil Nacllrr Act 38 of 1975),
which was deemed to llavc come i tit o f orcc on t hc 30t h J 11nz 1 975,
9 This expression was substitutor1 for the expression ''111edate of commence-
ment of this Act" by s:ction 3 of tllc Madras City Mutlicill ;il Corporation and
Tamil Nadu District Municipaiities (Atnendrnzllt and J?t.stcnsion o f term of
office) (Amendment) Act. 1974 Cr;lmil Nadu Aot I I o f 1974).
8 Thesewords andbrackets WCIC suit.,. i , ..,.,L: Tcr tilt. word!: ~~'coi~r~cilfors
electel\"
by sectio112(1) (ii) of t1.c Tamil Nadu 1)istriut Muliicipd (~ouwillors (Extension
of tern1 of om%) Act, 3975 ( ~ a r n i lNadu Act 38 cf 1975), wtli(?i~was deemed to
have come into folcc on the 301 h June 1975.
4 The expression "first ol' ~ Z u ~ u 1974"st wns substituted for t h e expression
"first day of M a y 1974" by scchiiolz 2 of the Madras C i ~ yMu~licipal Corporation
a l ~ u]ramil Nadu District Municipalities (Amendment ri~xr\ Extensiorl of term of
&ce) S econd Amendment ACI.1974 ( ~ a l n iNadu l Act 19 of 1974). Again the
expression "first day of November 1974" was substituted for the expression "first
day of August 1974" by section 2ki) of the Madras City Municipal Corporation
and Tamil Nadu District Municipalities (Amendment nn:i Extensiorl of term of
ace) Third Amendment Act, 1 974 (Tanlil Nadu Act 440 01 1974). Thereafter the
xpression "first day of July 1975" was substituted fatst ke expression "first day
f November 1974" by section 10 of the Tamil Nadu Local Auchorities9 Laws
acond Amendment) Act, 1974 (Talnil, Nadu Act 2 of 2975). The plesent
pression was substituted For the cxpresslon "sl~all,extend up to the noon on
6 first day of July 1975" by section 2(1) (iii) of thc Tamil Nadu District Muni-
I
Councitlors (Bxtension of term of office) Act, 1975 (Tamil Nadu Aot 38 of
I
, which was deemed t o ltnvo cornc into force on ihe 30th Jt~ne1975. I
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1229
. ,
<

I /

1 [Provided that the Government may, by notificeti


for sufficielzt cause direct, that the term SO =extended
, I
further extended for such period not exceeding two n~ont
or be reduced by wtch period as may be specified in t
notifi1:atjon and the Gover nrnent, may, in the like
cancel or iriodify any such not if cation.] :

(2) In regard to the


thereafter to the '[municipal councils (other than.
Coimbatore Municipal Council)] referred to in sub-sectio
(I), the provisions of section 8 o f the said 1920 Act, a
amended by this Act, shall, so far as may be, apply.

Motifications 41. Every notification


to be placed 40> shall, as soon as po
Leg is1~ture.
beforethe onthetableofbothHousesoftheLegislatureandif
the expizy oft he session
session, b ~ t hHouses agree
in any sucl~notificetion or
ncr t ificat ion shoulct. 110t be
thereafter have effect orily it
no effect, as the case may
inodificatioiz or annulmen
to the wc~licfity of anyt hin
not ificat io 11.

" Provid :(I that the


s uficicni c a w ciircct, that
s ~ c hpcriocf :is m::y bc
rnerlt may, in the like mallflex-,
tion. ".
rhesc t+ords ;lnd br
+ nnlunicipl counclls "by sect
hI anicioal Clour:cillors (Extz
(Tamil Nadu Act 35 of 1975
into force on the 50111 J.,~lc I

frmy=fl--
I
.*-;. ,,, - ,
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971 : T.N. Act 221 .Mcldrm C w Mmice~al


Corporutim and
Tamil Nadu District Municip:!litief
(Amendment and Extension of Term7 !G OD

SCHEDULE I.

I (See section 34.)

The amendments made in. Sc?zsd~lleI lwve alrecldy bee11


incorporated in the Madras City Municipal Corpora-
tion Act, 1919 (Tamil Nudu Act IV of 1919).]

SCHEDULE 11.

PROVISIONS.
TRANSITIONAL
(See section 35.)

1. Tlxe central committee, the corporation accou~lts


committee, the contracts committee, the licence appeals
committee and all circle committees constituted under the
provisions of the 1919 Act are hereby abolished with effect
from the commel~ccmentof this Act ; and the council
shall, within a period of fifteen days from the date of the
ccmlllencernent of this Act, elect the members lo the
standing co111mi ttee:; in accordance with such prcccdure
as the State Govermncnt m2y, by order, specify in this
behalf; and i l ~ c stantling comnlittees constituted in
accordance with titc provisionsofthc 1919 Act,nsamended
by this Act, sliall clcct tlwir clxairmen, as soon a s n v y be,
after c]ccl ion. or the inc~nhersof the st allding con~mitd
I tccb. ill ;~ccoi-~f::t ~ c cwit 11 strcl~proced~rrca s the Stn tc
Gov~rlltncnt 11l:t.y.by 0 1 ~iri.,spcci~yill f his ~ c I I ~ L ! ~ .

2. Any rcfcrei~cclo a ccn!r;rl oonunittce, a corpurntio~l


~ C C O U I I ~ CU t t c ~ ,;I co 171I - ~ C I S CO-i
S 111111i t tcc, it licctlco
appeals commitlee and tlw circle committees, consti t ated
or established undcr the 1919 Act or the &a-irman or
member of such committee, contained in any enactment
in force in the Sta.te of Temi 1 Nadu or in ally noiificztion,
order, scl~eme,rule, form or by-law made under ally sclc!~
enactment and in force in the said Statc, sha1l:aftcr the
commencement of this Act, be construed as a rel'ereilce
to the standing commit tee cr ths cl~airmzn,or member c?
ittee as the circurnsteams sf t'r.9 C C ~
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1222 Madr.&s City M ~ i ~ g i c i ~ ~ l[1941. : T.N. Act 22
Carpuratiun add
Tmnil Nd& District M ~ r i c i l ~ u l i r i e ~
1 ( h ~ ~ d van(!'
~ oE.rttasioJz
l ~ of Tcrm of Office) i

Pr(;videri ili;it, i t shall bc ope11 to the coullcil to direct


that any such rcikrence shall b coilstrued as a reference
to itsclr (!r t o sl~chotficr iruthority or person as may be
spccilicd by it by scsolution.
3. All prcmdings pc~lding before any such central
co rnmit tee, t lzc: corporation rtccoultts committee, the
contracts committee, the licence appeals co~nmitteoa11d
all the cir~la:colninittees at the commencement of this
ACL..,;~y,ill 5 0 far as they are not inconsistent with the
~rtwisionsof ihc 1919 Act, iks amendcd by this Act, bc
eontinacd u ~ l d c rthe 1919 Act as so amended, by t h ~
rtandil!g cc~trimit tec to wlticl~the subjcct-nratt$r of the
~roceediugrrcli~tcto or if t ltc couinil w directs in any
S Ciiscs by the councij.
case or G ~ ~ L Sol'

4. Ally order passed, actio~ltaken or thing done by a


miltral co~nnzi:tcc, a corporal ion accounts committee,
a contntcts conunittcc, a limsw irppeals committee, or
the circle ~onlmitteesbefore the commencenlent of this
Act shall, subject to the provisions of the 1919 Act, as
amended by this Act and to such directions as the council
may, by general or special order, give in this behalf, be
deemcd to have been passed, taken 01 done by the
or the concerned standing committee as the' circul
may requirc unless and until the same is suporsed
srrclj ccouncil, or the concerned standi og committoe

F.*"' . .
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ifld : hesfient$sAct 221 Madra;~bity Munfclpal 595
Corporation, Tamil Nadu
District Municipalities an c
Tamil Nadu Panchayats (Amendment

PRESIDENT'S ACT NO. 22 OF 1976.*


THE MADRAS CITY MUNICIPAL CORPORATION,
TAMIL NADU DISTRICT MUNICIPALITIES
AND TAMIL NADU PANCHAYATS (AMEND-
MENT) ACT, 1976.
[Received the assent of the President on the 31st May 1976,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 1st June, 1976 (Vaikasi 19,
Nala (2007-Tiruvalluvar Andu)) ,I
Enacted by the President in the Twenty-seventh Year
of the Republic of India.
An Act further to amend the Madras City Municipal
Corporation Act, 1919, the Tamil Nadu District
Municipalities Act, 1920 and the Tamil Nadu Pan-
chayats Act, 1958.
In exercise of the powers conferred by sectioli 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is plehsed to enact
as follows :-
1. (1) This Act may be called the Madras City Short title and
Municipal Corporation, Tamil Nadu Distrlct Munla- wmmencementt
palities and Tamil Nadu Panchayats (Amendment) Act,
1976.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
2. In the Madras City Municipal Corporation Act, Amendment of
1919 (Tamil Nadu Act IV of 1919), in section 135, in Tamil Nadu
clause (b), for items (i), (ii) and (iii) and the entries rela- Act 1V Of 1919-
ting thereto, the following shall be substituted, namely :-

'' (i) Sale of immovable The market value of the


property. property as set forth in
the instrument, and in a
case where the market
value is finally deter-
mined by any authority
-- -
*For Reasons for the enactment, see Tamil Nadu Government
Gazette Extraordinary, dated the 1st June 1976, Part IV-Section
2, Pages 207-208.
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$96 ~ d r Citya Mwnisigat [I976: President's Act 22
Corporation, Tamil Nadu
District dMrcnicipalities and
Tamil Nadu Panchayats (Amendment)
under section 47-A of the
Indian Stamp Act, 1899
(Central Act I1 of 1899),
the market value as so
determined by such
authority.
(ii) Exchange of immovable The matket value of the
property. property of the greater
value as set forth in the
instrument, and in a case
where the market value
is finally determined by
any authority under sec-
tion 47-A of the Indian
Stamp Act, 1899 (Cen-
tral Act I1 of 1899),
the market value as so
determined by such
authority.
gii) Gtft of immovable The market value of the
property. property as set forth in
the instrument, and in a
case where the market
value is finally determi-
ned by any authority
under section 47-A of the
Indian Stamp Act, 1899
(Central Act I1 of 1899),
the market value as so
determined by such
authority.".

Amendment of 3. In the Tamil Nadu District Municipalities Act,


Tamil Nadu Act 1920 (Tamil Nadu Act V of 1920), in section 116-A,.in
V of 1920. clause (b), for items (i), (ii) and (iii) st nd the entries
rela t ~ n gthereto, the follcwing shall be substituted,
namely :-
- c6(i) Sale of immovable The market value of the
property. property as set forth in
the instrument, and in a
oase where the market
I
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1976 : president's Act 221 ~ a d r k City
s hnkipal 597
Corporation, Tamil Nadu
District Municipalities and
Tamil Nadu Panchayats (Amendment)
value is finally deter-
mined by any a.uthority
under section 47-A of the
Indian Stamp Act, 1899
(Central Act I1 of 1899),
the market value as so
determined by such
authority.

(ii) Exchmge of immovable The market value of the


property. property of the grrater
value as set forth in the
instrument, ~ . n in
d a case
where the market value
is finally determined by
any authority under
section 47-A of the
Indian Stz.mp Act, 1899
(Central Act 11 of 1899),
the market value as so
determined by such
authority.

(iii) Gift of immovable pro- The market value of the


PertY. property as set forth in
the instrument, and in a
case where the market
valve is finally deter-
mined by any authority
under section 47-A of
the Indian Stamp Act,
1899 (Central Act I1 of
1899), the market value
as so determined by such
authority."*

4. [The amendementsmade by this section have already


been incorporated in the principal Act, namely, the TanttZ
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958).1
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598 Local Authoritf~.'Laws
(Amendment)
I 1976 : President's Act 23
1
PRESIDENT'S ACT NO. 23 OF 1976."
THE TAMIL NADU LOCAL AUTHORITIES'
LAWS (AMENDMENT) ACT, 1976.
[Received the assent of the President on the 31st May 1976,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 1st June 1976 (Vaikasi 19, Nala
(2007-Tiruvalluvar Andu)).]
Enacted by the President in the Twenty-seventh Year of
the Republic of India.
An Act further to amend the Tamil Nadu Local Autho-
rities' Laws.
In exercise of the powers conferred by section 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is pleased to enact as
follows :-
Short title and 1. (1) This Act may be called the Tamil Nadu
commencement. Local Authorities' Laws (Amendment) Act, 1976.
(2) It shall come into force on such date as the
State Government may, by notification, appoint.
Amendment of 2. In the Madras City Municipal Corporation
section 111 of#Act, 1919 (Tamil Nadu Act I V of 1919),
and insertion of
new section 11F (i) in section 111, after sub-section (3), the
Tamd
An IV following sub-section shall be inserted, namely :-
of 1919.
"(4) Nothing contained in this section shall I
apply to any person subject to the Army Act, 1950 (40
of 19501, the Navy Act, 1957 (62 of 1957) or the Air Force
Act, 1950(45 of 1950) who is compelled by the exigencies
of military, naval or air force duty to reside within the
limits of the City." ;
(ii) after section 115, the following section shall be
inserted, namely :-
" 115-A. Deduction of profession tax from salary
or wages or other sum.-(1) Every employer shall, on
receipt of a requisition from the commissioner, deduct
-- - - ---
*For Reasons -for the enactment, see TamilNadu Government
Guzette Extraord~nary,dated the 1st June 1976, Part IV-Sectiog 2,
Page 215,
I
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1976 : President's Act 231 Local Authorities' Laws 599
(Amendment)
from the salary or wages of any person employed by the
employer as an officer or a servant or from any sum
payable by the employer to any person employed by the
employer as dubash, agent, supplier or contractor, such
amount of profession tax, as may be specified in such
requisition, as being due from such employed person.

Explanation.-In this sub-section, " employer ' 9


includes the head or secretary or manager of any public
or private office, hotel, boarding house, club, firm or
company.
(2) Every person responsible for making any
deduction under sub-section(1) may, at the time of making
the deduction, increase or reduce the amount to be
deducted under sub-section (1) for the purpose of adjusting
any excess or deficiency arising out of any previous deduc-
tion or failure to deduct during the half-year.
(3) Any deduction made in accordance with
the provisions of sub-sections (1) and (2) and paid to the
corporation shall be treated as a payment of profession
tax on behalf of the person from whose salary or wages
the deduction was made p r on behalf of the person to
whom .the sum from whlch the deduction was made is

~
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)

deduction .was made or the person to whom the sum


from which the deduction was made is payable shall not
be called upon to pay the tax himself to the extenr to which
tax has been so deducted.
(7) Every person making the deduction under
sub-section (1) or sub-sectlon (2) shall prepare and, within
such period as may be prescribed after the expiry of the
half-year, deliver or cause to be delivered to the commis-
sioner in the prescribed form and verified in the prescribed
manner, a return in writing showing the name and resi-
dential address of every person from whose salary or
wages deduction was made under sub-section (1) or sub-
section (2), and of every person to whom the sum from
which such deduction was made is payable, the amount so
deducted, and the 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 of this section, he shall
be punishable with fine which may extend to five hundred
rupees: I
I
Provided that nothing dontained in this sub-
section shall apply to the Central Gc'vernment or any
State Government or any officer of' any such Govern-
ment.
(9) The provisions of this section shall apply
notwithstanding any law to the contrary for the time
being in force.".

Amendment of 3. In the Tamil Nadu District Municipalities Act,


section 93 of, 1920 (Tamil Nadu Act V of 1920),-
and insertion
of new section
97-A in, Tamil
Nadu Act V of (i) in section 93, after sub-section (4), the following
1920 sub-section shall be inserted, namely :-
"(5) Nothing conta,ined in this section shall
to any person subject to the Army Act, 1950 (46
of 1950), the Navy Act, 1957 (62 of 1957) or the Air Force
Act, 1950 (45 of 1950) who is compelled by the exigencies
of military, naval 01 air force duty to reside within the
limits of the municipality. " ;
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1976 : President's Act 231 Local Authorities' Laws 601


(Amendment)

(ii) after section 97, the following section shall


be inserted, namely :-
"97-A. Deduction of profession tax from salary
or wages or other sm.-(1) Every employer shall, on
receipt of a requisition from the executive authority,
deduct from the salary or wages of any person employed
by the employer as a n officer or a servant or from any
sum payable by the employer to any person employed
by tht; employer as dubash, agent, supplier or contractor,
such amount of profession tax, as may be specified
in such requisition, as being due from such employed
person.

Explanation.-In this sub-section, "employer"


includes the head or secretary or manager of any public
or private office, hotel, boarding -house, club, lirm or
company.
(2) Every person responsible for making any
I deduction under sub-section (1) may, at the time of making
the deduction, increase or reduce the amount to be de-
ducted under sub-section (1) for the purpose of adjusting
any excess or deficiency arising out of any previous de-
duction or failure to deduct during the half-year.
(3) Any deduction made in accordance with
the provisions of sub-sections (1) and (2) and paid to the
municipality shall be treated as a payment of profession
tax on behalf of the person from whose salary or wages
the deduction was made or on behalf of the person t o
whom the sum from which the deduction was made is
payable, and credit shall be given to him for the amount
so deducted on the production of the certificatefurnished
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) and (2) shall be paid
within the prescribsd time to the credit of the munici-
pality.
(5) Every perso? making the deduction unda
sub-section (1) or sub-section (2) shall, a t tbe time of
payment of the sslary or wages or sum, furnish to tb
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602
I
Local Authorities' Laws 11976 : President's Act 23
(Amendment)
I
person to whom such payment is made a certificate to
the effect that profession tax has been deducted, and
specifying the amount qo deducted and such other parti-
culars as may be prescribed.
(6) Where profession tax dce from any em-
ployed person is deducted under sub-section (1) or sub-
section (21, the person from whose salary or wages the
deduction was made or the person to .whom the sum
from which the deduction was made 1s payable shall
not be called upon to pay the tax himself to the extent
to which tax has been so deducted.
( 7 ) Every person making the deduction under
sub-section (1) or sub-section (2) shall prepare and, within

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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1978 :*.N. Act ill tocat ~ ~ r h d r i t i eh


sw
's 684
(Am endment )

TAMIL NADU ACT NO. 11 OF 1978.*


THE TAMIL NADU LOCAL AUTHORITIES' LAWS
(AMENDMENT) ACT, 1978.
[Received the assent of the Governor on the 30th January
1978, first published in the Tamil Nadu Government
Gazette Extraordinary on the 3 1st January 1978 (Thai 18,
Pinkala (2009-Tiruvalluvar Andu)).]
An Act further to amend the Tamil Nadu Local Autho-
rities' Laws.
BE it enacted by the Legislature of the State of Tamil
Nadu in the Twenty-eighth Year of the Republic of India
as follows :-
1. (1) This Act may be called the Tamil Nadu L o ~ a l ~ ~ ~ ' $
Authorities' Laws (Amendment) Act, 1978. ment.
(2) It shall come into force at once.
2. In the Madras City Municipal Corporation Act, Amendment of
1919 (Tamil Nadu Act IV of 19191,- sections 52 and
53, Tamil Nadu
(i) in section 52,- Act IV of
19J9.
(a) after sub-section (I), the following sub-section
shall be inserted, namely :-
"(1-A) A person convicted of an offence
punishable under the Protection of Civil Rights Act,
1955 (Central Act 22 of 1955), shall be disqualified for
election or co-option as a councillor for a period of five
years from the date of such conviction. " ;
(b) in sub-section (3), for the expressions " sub-
section (1) " and " such sentence ", the expressions " sub-
section (1) or sub-section (1-A) " and " such conviction
or sentence" shall rqspectively be substituted ;
(ii) in section 53,-
(a) in sub-section (I), after clause (a), the follow-
ing clause shall be inserted, namely :-
"(aa) is convicted of an offence punishable
under the Protection of Civil Rights Act, 1955 (Central
Act 22 of 1955):";
+For Statement of Objects and Reasons, see Tamil
Government Gazette Extraordinary, dated the 3rd January 1978,
Part IV-Section 1, Page 12.
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688 Local Authorities' Laws 't1918: ZN:h o t ii
(Arnrndmcnt)
I
(b) in sub-section (2), for the expressions " clause
(a) of sub-section (1) " and " such sentence ", the
expressions " clause (a) or clause (aa) of sub-section (1) "
and " such conviction or sentence " shall respectively
be substituted ;
(c) in sub-section (3), for the expressions " clause
(a) or " and " sentence or order " and " sentence ", the
expressions " clause (a), clause (aa) or " and " conviction,
sentence or order " and " conviction or sentence " shall
respectively be substituted.
I
Amendment of 3. In the Tamil Nadu District kunicipalities Act,
sections 49 and
50, Tamil Nadu 1920 (Tamil Nadu Act V of 1920),-
AGOV of 1920. (i) in section 49,-
(a) after sub-section (I), the following sub-section
shall be inserted, namely :-
I
" (1-A) A person convicted of an offence
punishable under the Protection of Civil Rights Act,
1955 (Central Act 22 of 1955), shall be disqualified for
election as a councillor for a period of five years from
the date of such conviction. " ;
(b) in sub-section (3), for the expressions "sub-
section (1) " and " such sentence ", the expressions " sub-
section (1) or sub-section (1-A)" and " such conviction
or sentence " shall respectively be substituted ;

(ii) in section 50,-


(a) in sub-section (I), after clause (a), the following
clause shall be inserted, namely :-
" ( a ~ is
) convicted of an offence punishable
under the Protection of Civil Rights Act, 1955 (Central
Act 22 of 1955) ;" ;
(b) in sub-section (21, for the expressions " clause
(a) of sub-sytion (1) " and " such sentence ", the
expressions " clause (a) or clause (aa) of sub-section
(1) " and " such conviction or sentence " shall respectively
be substituted ;
(c) in sub-section (3), for the expressions " clause
(a) of sub-section (1) ", " sentence or order " and
" sentence ", the expressions " clausc (a) or clause ( a ~ >
of sub-section (1) ", " conviction, sentence or order "
and " conviction or sentence " shall respectively be
substituted.
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1978 :T.N.Act 111 &cat Authorities' Law# 689
(Amendment)

4. [The amendtnents made by this section have already


been incorporated in the principal Act, namely, the Tamil
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV o f
1958).]
5. [The amendments made by this section have already
been incorporated in the principal ~ c tnamely,
, the Madurai
City Municipal Corporation ~ c t 1971, (Tamil Nadu Act
15 of 1971),]
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702 . District Municipalities [I978 : T.N. Act 23
(Amendment) I

TAMIL NADU ACT NO. 23 bF' 1978#*


THE TAMIL NADU DISTRICT MUNICIPALITIES
(AMENDMENT) ACT, 1978.
[Received the assent of the Governor on the 29th April 1978,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 3rd May 1978 (Chithirai 20,
Kalayukti (2009-Tiruvalluvar Aandu)).]
An Act further to amend the Tamil Nadu District
Municipalities Act, 1920.

BE it enacted by the Legislature of the State of Tamil Nadu


in the Twenty-ninth Year of the Republic of India as
follows :-
Short title 1. (1) This Act may be called the Tamil Nadu District
an* W*men- Municipalities (Amendment) Act, 1978.
cement.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.

Amendment 3. For clause (8-C) of section 3 of the Tamil Nadu


section 39 District Municipalities Act, 1920 (Tamil Nadu Act V of
TamilNadu
of 1920. 1920) (hereinafter referred to as the principal Act), the
following shall be substituted, namely:-

" (8-C) ' Executive :authority ' means an officer


of the State Government, or of the local authority (not
being the chairman or vice-chairman or a member of the
council), as may be specified by the State Government,
by notification.".

&mndment 3. For hub-section (1) of section 7 of the principal Act,


of
7 section
, Tamil Nadu the following shall be substituted, namely :-
Act V of 1920.
" (1) The municipal council shall consist of such
number of councillors exclusive of its chairman as may be
determined by the State Government, by notification and
different notifications may be issued for different municipal
councils :

* For Statement of Objects and Reasons, see Tamil Nadu Govcm-


ment Gazette Extraordinary, dated the 9th January 1978, Part IV-
Section 1, Page 117.

I
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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) for the words " The term of office of councillors",


the words "The term of office of chairman and councillors"
shall be substituted ;
(ii) in the proviso, for the words "the councillors",
the words "the chairman and the councillors " shall be
substituted ;
(3) in sub-section (2), for the word " councillors ",
the words "chairman and councillors " shall be
substituted ;
(4) after sub-section (2), the following shall be inser-
ted, namely :-
" (2-A) The election of the chairman may be held
ordinarily at the same times and in the same places as the
ordinary eleqSjons of the councillors of the municipali-
ties.";
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704 bistrict Municipatities [I948 : T.N. Act. %3
(Amendment)
I
(5) in sub-section (3), for the words "A councillor
elected ",the words "The chairman or a councillor elected"
shall be substituted ;
(6) in sub-section (4), for the words "A casual vacancy
in the office of the councillor ", the words " A casual
vacancy in the office of the chairman or councillor" shall
be substituted ;
(7) in sub-section (5), for the words " A councillor "
and "the councillor ", the words " The chairman or a
councillor " and " the chairman or the councillor " shall
respectively be substituted.
Amendment 6. In section 9 of the principal Act,-
of saction
9, Tamil (1) in the marginal heading, for the word "councillor",
W.dU Act the words " chairman or councillor " shall be substituted ;
V of
-- 1920.
(2) in sub-section (I), for the word "councillor",
the words " chairman or councillor " shall be substituted ;
(3) after sub-section (2), the following sub-section
shall be inserted, namely :- I
I
" (2-A) If at such fresh election held under sub-
section (I), no chairman is elected, the council may sugge6t
a panel of names to the State Government through the
Inspector of Municipalities for appointment as chairman.
The State Government shall appoint a person from the
said panel suggested by the council to be its chairman
and the chairman so appointed shall hold office as such
only for three months or till a new chairman is elected,
whichever is earlier. " ;
(4) in sub-section (3), for the words" a councillar
elected under this section ",the words "a chairman elected
under sub-section (1) or a councillor elected either under
sub-section (1) or sub-section (2) " shall be substituted.
7. In section 12 of the principal Act,-
12, Tamil (1) sub-section (1) shall be omitted ;
Nadu Act
V of 1920. (2) for sub-section (4), the following sub-section shall
be substituted, namely :-
" (4) A chairman shall be deemed to have vacated
his office on his becoming disqualified for holding the office
or on his removal from office or on the expiry of his term
of office or on his otherwise ceasing to be the chairman." ;
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19q8 :2N,Act 231 District Municipalitie~ 105
(Amendmeat)

(3) for sub-sections ( 5 ) and (0, the following sub-


sections shall be substituted, namely :-
" (5) A vice-chairman shall be deemed to have
vacated his office on the expiry of his term of office as a
councillor or on his otherwise ceasing to be a councillor.
(6) When the office of chairman is vacant, the
State Government shall appoint a person who shall perform
the functions of the chairman until a new chairman is
elected and assumes office and until such time the State
Government appoint a person, the vice-chairman shall
perform the functions of the chairman." ;
(4) for sub-section (7), the following sub-section shall
be substituted, namely :-
" (7) When the office of chairman is vacant and
there is either a vacancy in the office of vice-
chairman, or the vicr-chairman has been continuously
absent from jurisdiction for more than fifteen
&ys or is incapacitated, a person appointed by
the State Government and until such time the State.
Government appoint such a person, or the vice-chairman
returns to jurisdiction or recovers from his incapaciti ,
as the case may be, the Regional Inspector of Municipalities
shall, notwithstanding anything contained in this Act
".
or in the rules or notifications issued thereunder, be ex-
officio member and chairman of the council.

8. In section 12-A of the principal Act,- Amendment


of seaion
1 2 4 , Tan; il
(1) in the marginal heading, the words "chairman or" Nadu
shall be omitted ; V of 1920.
(2) the words " chairman or " shall be omitted.

9. For section 14 of the principal Act, the following Substitution


section shall be substituted, namely:- of sectma
14, Tamil
Nrtdu Act
Y 6.f 192.0.
" 14. The chairnzan to be member of council and qf
every committee of the council.-The chairman shall by
virtue of his office be a member of the council and
every committee of the council.".
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706 District Municipalities tlW8 :T.N. Act 23
(Amendment)
Amendment 10. In section 18 of the principal Act,-
of sxtion
1 8 , ramil (1) in sub-section (I), the words "including his
Nadu Act functions as executive authority if he is also the executive
V of 1920. authority " shall be omitted ;
(2) in sub-section (2),- I
(a) the words " including where he is also the
executive authority his functions as such except those
of promoting, withholding prcmotion from, reducing,
removing or dismissing any municipal officzr or
servant " shall be omitted ;
( b ) after the proviso, the following shall be
inserted. nanlely :-
"Provided further that if the chairman has been
continuously absent from jurisdiction for more than
three months, the State Government shall in the manner
prescribed appoint a person to perform the functions of
the chairman". ;
(3) in sub-section (3), the words " including his func-
tions as executive authority if he isalso the executive
authority " shall be omitted ;
(4) sub-section (4) shall be omitted ;
(5) in sub-section (9,for the expression "under
sub-sections (I), (3) and (4) ", the expression " under sub-
sections (1) and (3) " shall be substituted.
i~mendment 11. In section 30 of the principal Act,-
of section (a) in the marginalheading,for the word " Councillor",
30,Tam il
Nadu Act the words "Chairman and councillor " shall be substituted;
V of 1920. (b) in sub-section (I), for the word " councillor ",
the words " chairman or councillor " shall be substituted.
Substitution 12. For section 31 of the principal Act, the following
of section section shall be substituted, namely :-
31, Tamil
Nadu Act 66 31. Power of chairman, vice-chairman or councillor
V of 1920. to resign.-Any councillor or vice-chairman may resign
his office by giving notice to the chairman ; the chairman
may resign his office by giving notice to the commissioner.
such resignation shall take effect in the case of a councillor
or vice-chairman from the date on which it is received
by the chairman and in the case of a chairman from the
date on which it is received by the commissioner.".
Am",dmellt 13. In section 39 of the principal Act, after sub-sectio.
of sectla (5), the following sub-section shall be inserted, namely :-
K~~T~A:
of 1920.
6. (6) 1f on a representation in writing made by the
the State Government are satisfied that due to
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1978 : T.N. Act 231 District Municipalirier 707
(Amendment)
the non-co-operation of the councillors with the chairman,
the municipal council is not able to function, the State
Government may, by notification, authorise the chairman
to perform, subject to the control of the State Government
or any officer authorised by the State Government in this
behalf, such of the duties imposed upon the municipal
council by law and for such period not exceeding six
months as may be specified in such notification. During
the period for which the chairman is so authorised, there
shall be no meeting of the municipal council.".

14. In section 40 of the principal Act,- Amendment


of secti )n
(1) in the marginal heading, the words "chairman Tarnil
409
Nadu Act
or " shall be omitted ; V of 1920.
(2) in sub-section (I), the words "chairman o r "
shall be omitted ;
(3) in sub-section (2), the words "chairman or"
shall be omitted ;
(4) in sub-section (3),-
(a) for the portion beginning with the words " Any
person " and ending with the words " to either of the
said offices" the following shall be substituted, namely :-
" Any person removed under sub-section (1) from the
office of vice-chairman shall not be eligible for election
to the said office ";
(b) for the words "six months from the date of the
removal, whichever is earlier ",the words " one year from
the date specified in such notification " shall be substituted.
15. In section 40-A of the principal Act,- Amendmen t
of section
(1) in the marginal heading, the words " chairman or " 40-A, Tamil
shall be omitted ; Nad u Act
V cf 1920.
(2) for the words "Revenue Divisional Officer",
wherever they occur, the words "Regional Inspector of
Municipalities " shall be substituted ;
(3) in sub-section (I), the words " in the chairman or "
shall be omitted;
125-10--45~
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708 District Municip.litiei ~ 9 7 8: T.T.N. Act 23
(Amendment)

(4) in sub-section (12). for the words "chairman or


vice-chairman, as the case may be ", the word " vice-
chairman " shall be substituted ;
(5) in sub-section (13), the words "chairman or"
shall be omitted ;
(6) in sub-section (14), for the words " chairman or
vice-chairman, as the case may be ", the word "vice-
chairman " shall be substituted.
16. After section 40-A of the principal- Act, the
bacrtion ~f following section shall be inserted, namely:-
nsw
40-B in " 40-B. Removal of chairman.-(1) The councillors
y2i$pr&o. constituting one-third of the sanctioned strength of the.
council may, by written notice, presented by any
two of them to the Regional Inspector of Munici-
palities (hereinafter in this section referred to as
Regional Inspector), with a copy to the chairman,
express their intention to make a motion against
the chairman that the chairman wilfully omits or refuses
to carry out or disobeys any provision of this Act, or
any rule, by-law, regulation, or lawful order made or
issued under this Act or abuses any power vested in him.
The Regional Inspector shall, on receipt of such notice,
convene a special meeting for the consideration of the
motion and record the views of the council, at the office
of the municipality at a date appointed by the Regional
Inspector. The motion shall be deemed to have been
passed by the council if two-thirds of sanctioned strength
of the council present and voting is in favour of it ; and if
it is not passed by two-thirds of the sanctioned strength
of the council present and voting, it shall be treated as
dropped.
(2) A COPY of the notice of the meeting shall be
caused t o be delivered to the chairman and to all the
councillors by the Regional Inspector at least three days
before the date of the meeting.
(3) The Regional ~nspectoi shall preside at the
meeting convened under this section and nb other
person shall preside thereat. If, within half an hour,
appointed for the meeting, the Regional Inspector is 11ot
present to preside at the meeting, the meeting shall stand
adjourned to a date to be appointed and notified to the
chairman and the councillors by the Regional Illspectol
under sub-section (4).
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1478: T.N. Act 231 District Municipalities 709


(Amendment)
(4) If the Regional Inspector i g unable to preside
at the meeting, he may, after recording his reasons in
writing, adjourn the meeting to such other date as he
may appoint. The date so appointed shall be not later
than seven days from the date appointed for the meeting
under sub-section (1). Notlce of not less than three
clear days shall be given to the chairman and the coun-
clllors, of the date appointed for the adjourned meettmg.

(5) Save as provided in sub-sections (3) and (4),


a meeting convened for the purpose of considering the
notice for the removal of the chairman under this section
shall not for any reason, be adjourned.

(6) As soon as the meeting convened under this


section is commenced, the Regional Inspector shall read
to the council the notice for the consideration of which
it has been convened.

(7) The Regional Inspector shall not speak on the


merits of the notice, nor shall he be entitled to vote at the
meeting.

(8) The views of the council shall be duly recorded


in the minutes of the meeting and a copy of the minutes
shall, forthwith on the termination of the meeting, be for-
warded by the Regional Inspector to the State Govern-
ment through the Inspector of Municipalities.

(9) The State Government shall, after considering


the views of the council in this regard, by notice in writing,
require the chairman to offer, within a specified date, his
explanation with respect to his acts of omission or commis-
-. sion mentioned in the notice. If the explanation is received
within the specified date and the State Government consi-
der that the explanation is satisfactory, they may drop
further action with respect to the notice. If no expla-
nation is received within the specified date, or if the
explanation received within such date is not satisfactory,
the State Government may pass orders removing the
chairman. The orders of the State Government removing
the chairman from office shall be final. The orders of
the State Government removing the chairman from office
shall be published in the Tamil Ncldu Government Gazette,
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I I
I
District Municip~.rlities 119'78: T.N. Act 23
(Amendment)

(10) Any person in respect of whom orders have


been published under sub-section (9) removing him from
the office of chairman shall be ineligible for election as
chairman until the date on which notice of the next
ordinary elections to the municipal council is published
in the manner prescribed, or the expiry of the one year
from the date specified in the order published under sub-
section (g).".

Amendment of 17. In clause (b) of sub-section (3) of section 41 of


secti~a the principal Act,the words "including where the chair-
v$)N;:$y
419

man is also the executive authority its function as such'*


shall be omitted.
I
Amzndment of 18. In section 48 of the principal Act,-
section 48,
Tamil Nadu Act (1) in sub-section (I), for the word " councillor ",
V of 1920. the words "chairman or as a councillor" shall be subs-
tituted;
(2) in sub-section (2),-

(i) for the words "other than a village officer9'*


the words "including a village officer " shall be substi-
tuted;
(ii) for the word "councillor", the words "chair-
man or as a councillor" shall be substituted.
Amendment of 19. In section 49 of the principal Act,-
sectian 49,
Tamil Nsdu Act (1) in sub-section (I), for the word " ~ o u n c ' l l ~ ~ ~ ,
Y of 1920. the words "chairman or councillor" shall be substi-
tuted ; I
(2) in sub-section (A),- I I
(a) for the word 66eounci~lory',
the words "chair-
man or councillor" shall be substituted;
(b) in clause (e), for the words "a councillor "
occurring in two places, the w ~ r d s"the chairman or a
councillor" shall be substituted.
Aqendment ,f 2U. In section 50 of the principal?Act,- I

I
section 50,
ram11Nadu Act (1) in the ma,ginal heading, for the word 5"coun- I

V of 1q20* cillors", the words "chairman or councillors" shall be


substituted ;
,

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 ;

(3) in sub-section (3), for the words cc councillor


or '),the words "the chairman or councilIor " shall be
s~~bstituted;
(4) in sab-section (4),-

(a) for the words " a councillor" and ccofficzof


councillor ", the w o ~dti "the chairman or a co~ncillor"
and c' ofice of chairman or councillorw shall respecti-
vely be scbstitu ted ;

(b) in the proviso, for the words "a co~ncillor'~,


the words " the chairman or a counoillor " shall be
subqtituted.

21. In szction 50-A of the principal Act,- Amendment of


section SO-A ,
(1) in the marginal heading, for the word "co1l.n- Tamil
iCt of Nadu
Ig20.
cillor", the words "the ch~irmanor councillor " 51 a 11
be substituted ;

(2) in s~b-section (I), for the words " a coun-


cillor", occurring in two places, the words "the
chairman or a councillor" shall be substituted;
r wodrs " a coun-
(3) i n sub-section (2), f ~ the
oillor'', the words " the chairman or a couficillor~'
shall be substituted;
(4) in sub-s-$ion (3), for the words" a councillor*
and c c such councillor ", the words " the chairman or
a councillor " and " such chairman or c ~ ~ ~ n c i rnl l o r
shall be substituted;
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712 District Municipalities
(Amegdment)
I [L978 : *.A. Act 21

(5) in sub-section [4),-


I
(a) the words " a chairman or " and "chairman or"
shall be omitted ;
I
(b) in the proviso, for the words "the chairman or
member, as the case may be ", the words "the member "
shall be substituted ;
(c) for the explanations, the following shall be
substituted, namely :-
" Explanation.--Bor the purposes of this section
" chairman " includes a person performing the functions
of the chairman under sub-section (6) or (7) of
section 12.".
Aatndn~cnt
of section
t
22. In section 51 of the prin ipal Act,-
51, Tamil (1) in the marginal heading, for the word "councillors",
Nadu ~ c t
V of 1930 the words ''chairman or councillor" shall be substituted;
(2) in sub-section (1) ,for the words " a councillor ",
L$anycouncillor" and "such councillor", the words "the
chairman or a councillor", the "chairman or any council-
orv and " such chairman or councillors " shall respec-
tively be substituted ;
I
(3) in sub-section (3), for the word "councillor ",
the words " chairman or the councillor"sha1l be substituted.

Akendmcnl 23. In section 368 of the principal Act,-


of section
368. Tamil (1) in sub-section (2), for the word "councillors ",
v ,9z0,the words
Na3u Act
chairman and councillors " shall be substituted;
"

(2) in sub-section (3), the words "by the couacil"


shall be omitted ;

I (3) sub-section (4) shall be omitted ;


(4) in sub-section (5) and in the proviso, for the word
'' ~ ~ ~ n ~ i ",
l l the
o r swords " chairman and councillor "
shall be substituted ;
(5) in sub-section (6), for the words "office of
counciUors ",the words " office of chairman or councillors"
shall be substituted.
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1979 :T.N. Act 301 Local Authorities' L a r s 985


(Amendment)

TAMDL NADU ACT NO. 30 OF 1979.*


THE TAMIL NADU LOCAL AUTHORITIES'
LAWS (AMENDMENT) ACT, 1979.
[dleceived the assent ofthe Governor on the 28th May 1979,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 29th May 1979 (Vaikasi 15, Chitharthi
(2010-Tiruvalluvar Andu)) .]
An Act further to amend the Tamil Nadu Local
Authorities Laws.
BE it enacted by the Legislature of the State of Tamil
Nadu in the Thirtieth Year of the Republic of India as
follows :-
1. (1) This Act may be called the Tamil Nadu Local Short title
Authorities' Laws (Amendment) Act, 1979. and cornmen-
cement.
(2) It shall come into force at once.
2. For the sub-heading " Naming Streets and Number- Amendment
ing Buildings" occurring after section 227 of the Madras of sub-
City Municipal Corporation Act, 1919 (Tamil Nadu Act heading after
IV of 1919) (hereinafter referred to as the 1919 Act), the ~ ~ ~
following sub-heading shall be substituted, namely :- A , ~IV of
66 Naming streets and numbering buildings, etc. ". 1919.
I
3. In section 228 of the 1919 Act,-- Amendment
of section 228,
( a ) for the marginal heading '' Naming or numbering Tamil Nadu
of public streets ", the following marginal heading shall be $9:V
! Of
substituted, namely :-
LC Naming or numbering of public streets etc. '' ;
(b) for sub-section (I), the following sub-section
shall be substituted, namely :-
a' (1) With the approval of the State Government,
the council shall give names or numbers to new public
streets and shall also give name to park, playground, bus-
stand, arch or new municipal property and may, subject
For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 24th Aprd 1979,
Part Iv-Section 1, Pages 259-260.
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$86 Local Author itpip' ~ a w Is [IW:T.N. ~~t 30


(Amendment)

to the approval of the State Government, alter the name


or number of any public street, park, playground, bus-
stand, arch or municipal property :
Provided that no such public street, park, playground,
bus-stand, arch or municipal property shall be named
after a living person irrespective of his status or the office
occupied by him. ".
AmeMment 4. For the sub-heading Nomind of streets" occurring
of sub- after section 188 of the Tamil Nadu District Municipalities
~$~~~~ Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred
Tamil ~ a ~to ; as the 1920 Act), the following sub-heading shall be
Act V of substituted. namely :-
1920.
cc Naming of streets, etc. ".
Amendment 5. In section 189 of the 1920 Act,-
of section 189,
Tamil Nadu (1) for the marginal heading '' Naming of public
Act streets ", the following marginal heading shall be substitu-
1920. ted, namely :-
' 6 Naming of public streets,

(2) for sub-section (I), the following sub-section


shall be substituted, namely :-
'g(l) With the approval of the State Government,
the Council shall give names or numbers to new public
streets and shall also give name to park, playground, bus-
stand, arch or new municipal property and may, subject
to the approval of the State Government, alter the name
or number of any public street, park, playground, bus-
stand, arch or municipal property :
Provided that no such public street, park, playground,
bus-stand, arch or municipal property shall be named after
a living person irrespective of his status or the office occu-
pied by him. ".
6. [The amendment made by section has already
been incorporated in the principal Act, namely, the Tamil
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958).1
I
7-8. [The amendments made by these sections have
already been incorporated in the principal Act, namely,
the Madurai City Municipal Corporation Act, 1971 (Tarnil
Nadu Act 15 of 1971).]
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1980: T.N. Act 321 Local Auttiorities' &aws 79
(Amendm eni')
TAMIL NADU ACT NO. 32 OF 1980.*
I
THE TAMIL NADU LOCAL AUTHORITIES' LAWS
(AMENDMENT ) ACT, 1980.

[Received the asscnt of the Governor on the 8th September


1980, first published in the Tamil Nadu Government
Gazette Extraordinary on the 11th Sej~tember 1980
(Aavani 26, Rowthiri-2011-Thiruvalluvar Aandu).l

An Act further to amend the Tamil ad; Local Authoriii{:s9


Laws* LatestLaws.com
BE it enacted by the Legislature of the State of Tamil
Nadu in the Thirty-first Year of the Republic of India
as follows :--
PART I,

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.

AMENDMENTS OF THE MADRAS CITY


MUNICIPAL CORPORATION ACT, 19 19.

3. In the Madras City Municipal Corporation Act, Substitution


new section 4o,f
1919 (Tamil Nadu Act IV of 1919) (hereinafter in this Tamil Nadu
Part referred to as the 1919 Act),for section 47,the follow- Act Of 1919*
ing section shall be substituted, namely :-
.- -
*For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 5th ~ u g u s t1980,
Part LV--Section 1, P a e s 247-248.
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86 Local ~uthorities'tow8 [I980 : T.N. Ad 32. ,


(Amendment)

"47. Electoral rolls for divisional seats and qudlg-


cation for inclusion therein.--(I) For each of the territorial
divisions referred to in section 45, there shall be an
electoral roll which shall be prepared in accordance with
the provisions of this Act and such directions not incon-
sistent with the provisions of this Act as the State
Government may, from time to time, issue in this behalf,

(2) A person, shall be disqualified fcr registra-


tion in an electoral roll if he-

(a) is not a citizen of India ; or

(b) is of ulsound minG *L: ~:33dsPO Ceclared


by a competent court ; or

(c) is for the time being disquaiified from voting


under the provisions of section 71 or any law relating to
corrupt practices and other offences in connection with
elections.
(3) No person shall be entitled to be registered
I
in the electoral roll for more than one territorial division
' or in the electoral roll for any territorial division in more
than one place,

(4) No person ragistered in the electoral roll for a


territorial division shall be entitled to be: registered in the
electoral roll for any other territorial division or ward,
as the case may be, of any City (other than the City of
Madras), municipality or panchayat.

ExpZan~~ .*~n.-For the purpose of this sub-section,


the expressions 'City', 'municipality' and 'panchayat' shal!
have the meanings respectively assigned to them in the
Madurai City Municipal Corporation Act, 1971 (Tamil
Nadu Act 15 of 1971) or in any other law for the time being
in force, the Tamil Nadu District Municipalities Act, 1920
(Tamil Nadu Act V cf 1920) and the Tamil Nadu Pan-
chayats Act, 1958 (Tamil Nadu Act XXXV of 1958). .
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..
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i "
,
1980: T.N. Act 321 Local Authorities' Laws 81
(Amenfirmnnt)

(a) is not less than eigtteen years of age on tbe


qualifying date ; and
(b) is ordinarily resident in the Citj,
shall be entitled to be registered in the electoral roll for
m y one of the territorial divisions referred to ir. section 45.
Explanation.--For the purpose of this section,
" qualifying date " in relation to the preparation or
revision of an electoral roll under this Act, means the
&st day of January of the year in w h i ~ hit is so prepared
or revised.
(6) (a) A person shall not be deemed to be
ordinarily resident in the City on the ground only that he
owns, or is in possession of, a dwelling house thell.:
(b) A person absenting himself temporarily
from his place of ordinary residence shall not by reason
thereof cease to be ordinarily resident therein.

(c) A person who is a patient in any establish-


ment maintained wholly or mainly for the reception and
treatment of persons suffering from mental illness or
mental defectiveness, or who is detained in prison or
other legal custody at any place, shall not by reasolp
thereof be deemed to be ordinarily resident therein.

(4 Jf in any case a question arises as to whether


a person is ordinarily resident in the City at any relevant
time, the question shall be determined by the State Govern-
ment in accordanc~with such rules as may be prescribed,".
3. In section 48 of the 1919 Act, in sub-section (1) Amendment 48, of
for the Explanation, the following shall be substituted, Tamil Nadu
namely :- Act 1V of 1919. I

" Explanation.--The power conferred by this subrn


section on the person ruLLuiised, shall include the
SO
power to omit, in the manner and at the times aforesaid
from the electoral r d l for any such division published
under this sub-secticn, the name of any person who is
dead or who incurs any of the disqualifications specified
in sub-section (2) of section 47 :
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82 l;ocaZ Authorities' L ~ W J [1980: T.N. A'ct 32


(Amendment)
Provided that the name of any person omitted from
the ele :-oral roll for the territorial division by reason of a
disqualification under clause ( c ) of sub-section (2) of
section 47 shall forthwith be reinstated in that foll if
such disqualification is, during the period such roll is
in force removed under any law authorising such removal.".

Ls*ion ofnew 4. After section 48 of the 1919 Act, the following


sections 48-A
.nd 48-B, in sections shall be inserted, namely :-
Tanail Nadu
Act N of 1919.
" 48-A. Jurisdiction of civil courts barred.-No civil
court shall h lve jurisdiction,-- - .

(a) to eutertain or adjudicate upon any question


whether any persol1 is or is not entitled to be registered in
an electoral roll for the territorial divisions referred to
in section 45 ; or
(b) to qoestion thc legality of any action taken by
any authority under section 47 or section 48.

48-B. Making false declaration.-If any person


makes in connection with-
*
(a) the preparation, revision or correction of an
electoral toll f ~ the
r territorial division, or
(b) the inclusion or exclusion' of any entry in ox
from an electoral roll for the territortal division, ,

a statement ar declaration in writing nhich is false a d


which he either knows or believes to be false or does not
believe to be true, he shall 3, ;czishable vith imprison-
ment for a term which may extend to one year, or with
fine, or with both. ".
i

Substitution of 5. For sectioa 50 of the 1919 Act, the following section


new
section shall be substituted, namely:-
Tamil ad;
Act IV of 1919 " 50. Disqualification of voters.-NO
person who
is of unsound mind and declared so by the competent
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1980 : T*N*Act 321 Locat ~uthorities'Lmvs 83


(Amendment)

court shall be qualified to vote an3 no person who is


disqualified under section 71 shall be qualified to vote
so long as the disqualification subsists. 99
.
6. For sub-section (1) of section 51 of the 1919 Act, Am~dmmt-?f
d&lOll 31,
the following sub-section shall be substituted, na-~lv :- Tamil N~~~
Act IV of 1919,
"(1) No person shall be qualified for election or
co-option as a councillor unless--
(a) his name is included in the electoral roll of
any one of the territorial divisions of the City;
(b) he has completed his twenty-first year of age t
and
(c) in the case of co-option under section 5,
such person is a member of the Scheduled Caste or the
Sched'lled Tribe or a woman,as the case m2y be. 97
.
PART nr.
AMENDMENTS OF THE TAMIL NADU DISTRICT
MUNICIPALITIES ACT, 1920.
7. In the Tamil Nadu District Municipalities Act, kmendment
1920 (Tamil Nadu Act V of 1920) (hereinafter in this section 44,
Part referred to as the 1920 Act), in section 44,- Tamil Nbdu
Act V of 1920.
(i) for sub-section (1); including the proviso and
Explmatim (1) and (2) thereto, the following sub-sections
shall be substituted, namely :-
"(1) For every municipality there shall be an
electoral roll which shal! be prepared in accordance with
the provisions of this Act and such directions not in-
consistent with the provisions of this Act as the State
Government may, from time to time, issue in this behalf.
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i
k o c n ~Authorities9 ~ o w s [19$0 : T.N. Act &
' I '

- frd
(Amendment) $
I

(1-A) A person shall be disqualified for registr~~tion .1

in an electoral roll if he-


I

(a) is not a citizen of India ; or


(b) is of unsound mind and stands so declared
by a competent court ; or
(c) is for the time being disqualified from
voting under the provisions of section 60 or any law
relating to corrupt practices and other offences in connection
with elections, i
1
(1-B)No person shall be entitled to be registered
in :% electoral roll for any municipality more than once.

(14) No person registered in the electoral roll


for a municipality shall be entitled to be registered in the
electoral roll for another municipality, pancbyat orecity.

~ 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.

(1-D) Subject to the provisions of sub:sections


(1) ( A ) ( 1 d ( 1 every person who- .

a is not less than eighteen years of ags on the


gwlifying(date :and

(b) is ordinarily resident in a munidpality,


1

shall be entitled to be registered in the electoral roll' tot


II

that municipal it^.

~x~lanation.--For the purpose of this section


46qualifying date " in relation to the preparation or revision
of an electoral roll under Fhis-A~t,means the first day of
January of the yeat in whch lt 1s so prepared or revised.
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1980 : T.N. Act 321 - Local Authorities' Laws 85


(Amendment)

(1-E) (a) A person shall not be deemed to be


ordimrly resident in a municipality on tho ground only
that he owns, or is in possession of, a Ewelling houw
therein.
rq, A ei-5 :
> -,-*y . > - - - .. .=---,-
C

*.-/.*'-:.,.
-F-.
f E3p - a.

: - *
&
* --
A 5:; rtz.jo*
&ereof cease to be ordinarily resident therein.

(c) A person who is a patient in any establishment


maintained wholly or mainly for the reception and treat-
ment of persons suffering from mental illness or mental
defectiveness or who is detained in prison or other legal
custody at any place, shall not by reason thereof be deemed
to be ordinarily resident therein.

I (d) If in any case a question arises as to whether


a person is ordinarily resident in a municipality at any
relevant time, the question shall be determined by the
State Govenunent in accordance with such rules as may
be prescribed. " 1

~ (ii) in sub-section (2), for the Explanation, tho


following &all be substituted, namely :-

Explanation.-The power conferred by this


rub-section on the person so authorised shall include
power to omit, in tb.e manner and a t the times aforesaid,
from the electoral roll for the municipality published
under this sub-section, the name of any person who is
dead or who incurs any of the disqualifications specified
in pub-&ion (1-A);

Prodded that the name of any person omitted from


the electoral roll for the muncipality by reason of a &a.
qualification under clause LC) (of sub-section (I-A) shall
forthwith be reinstated in that roll if such disqualifi-
cation is, during the period such roll is in force, removed
under any law authorising such removal. " ;
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8t Loc al Authorities' Laws


(Arnedment)
.
[I980 :T.N Act 32

(iii) the Explanatiotr, occurring at the end, shall bc


.
omitted. .
Inseaion of new 8, After section 44 of the 1920 Act, t1.e following
and W B ,44-A in sections dm11 be inserted, namely :-
Tamil Nadu " 44-A. Jurisdic tion of c i vi l courts barred.-No civil
~ c v
t of 1920.
court shall have jurisdiction-
(a) to entertain or adjudicate upon any question
whether any person is or is not entitled to be registered in
an electoral roll for a municipality ; or
(b) the inclusion or exclusion c.f any entry in or
from an authority under section 44.
44-B. Mdkidg fahe declardtwn.-if any person makes
in connection with--
revision 01 correction, cf a n
(a) the ~~repiir:&tion,
electoral roll, or
(b) th: iliclusion or exclusion of any entry in or
from a n ele~toralroll,
a statement or declaration in writing which is filse and
which he either knows or believes to be false or does not
believe to be true, he shall be punishable with imprison-
ment for a term which may extend to one year, ar with
h e , or with both. ".
substitution of 9. For section 47 of the 1920 Act, the following section
nhw section for shall be substituted, namely :-
section 47,
Tamil Nadu " 47. Disqualification of voters.-Notwi thstanding
Act of 192Q*anything contained in sub-section (6) of section 44, no
person who is of unsound mind and dcclared so by the
competent court shall be q ~ l i f i e dto vote and no per-on
who is disqualified under section 60 shall be qualified to
".
+

vote so long as the disqualification subsists.


dlsndment of 10. For sub-section (1) of section 48 of the 1920 Act,
ration 48, the following sub-section shall be substituted, namely +
Tamil Nadu
~ c \'t of 1920. " {I) No person shall be qualified for election as a
chairman or as a councillor, unless-
(a) his name is included in the electoral roll of the
municipality ; and
(b) he has corapleted his twenty-&tit gar ofage.".
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8980 : T. N. Act 321 Local Authorit fed' Laws 87


(Amendment)

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

(b) is of unsound mind and stands so declared


by a competent court ; or
(c) is for the time being disqualified from votinr
under the provisions of section 24 or any law relating to
corrupt practices and other offences in connection with
elections.
(1-B) No person shall be entitled to be registered
in the electoral roll for any panchay.zt more than once,
(I-C) No person registered in the electoral roll for e
panchayat shall be entitled to be registeled in the e1ector;rl
roll for another panchayat, municipality or City.
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$8 Locsl Agihorities' Laws 11980 : T.N. Act 32


(Amendment)

Explanation.--For the purpose of this sub-section, the


expressions 'municipality' and 'City' shall have the mean-
ings respectivelv assigned to them in tbe Tamil Nadu Dis-
trict Municipalities Act, 1920 (Tamil Nadu ActV of 1920),
the Madras City Municipal Corporation Act ,19 19 (Tamil
Nadu Act IV of 1919), or the Madurai City Municipal
Corporation. Act, 1971 (Tamil Nadu Act 15 of 1971), o r
in any other law for the time being in force.
(1-D) Subject to the provisions of sub-sections (1).
(I-A), (I-B) and (1-C), every person who-
(a) is not less than eighteen years of age on the
qualifying date ; and . .
(bl'is 'ordinarily resident in a panchayat village
or panchayat town or township, Y
r 1
i

shall be entitle 3 to be registered in the electoral roll for that .


panchayat . ..
Explanation.-For the purpose of this section;
"qualifying date" in relation to the preparation or revision
of an electoral roll under this Act, means the first day of
January of the year in which it is so prepared or revised.
(1-E)(a) A person shall not be deemed to be ordi-
narily resident in a panchayat village or panchayat town
or township, on the ground only that he owns, or is in
possession of a dwelling house therein.
(b) A person absenting himself temporarily
from his place c)r ordinary residence shall not by reason +
thereof cease to be ordinarily resident therein.
(c) A person who is a patient in any establish-
ment maintained wholly or mainly for the reception and
treatment of persons suffering from mental illness or mental
defectiveness, or who is detained in prison or other legal
custody at any place, shall not by reason thereof be deemed
to be ordinarily resident therein.
(d) If in any case a question arises as to whether
a person is ordinarily resident in a panchayat village or
panchayat to~vnor township at any relevent time, the
question shall be determined by the Government in
accordacce with such rules as may be prescribed.";
(ii) in sub-section (2), for the Explanation, the
following shall be substituted, namely:-
44Explmration.--The power conferre8 by this sub-
rection on the person so authorised, shall include the power

- --. . --
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1980 : T.N. Act 321 Local Authorities' Lmvs 89


(Amenhent )

to omit, in the manner and at the times aforesaid, from


the electoral roll for the panchayat published under this
sub-section, the name: of any person who is dead or who
incurs any of the disqualifications specified in sub-section
(1-A) :
Provided that the name of any person omitted from
the electoral roll for the panchayat by reason of a dis-
- qualification under clause (c) of sub-section (I-A) shall
forthwith be reinstated in that roll if such disqualification
is, during the period such roll is in force, removed u n d a -
any law authorising such removal.";
(iii) the Explanation occurring at the end shall be
omitted,
14. After section 20 of the 1958 Act, the following Inertion of new
sections shall. be inserted, namely :- sections 20-A
and 20-B, in
Tamil Nadu
"20-A.Jurisdiction of civil courts barred.-No civil Act XXXV of
court shall have jurisdiction- 1958.
(a) to entertain or adjudicate upon any question
whether any person is or is not entitled to be registered
.in an electoral roll for a panchayat ; or
(b) to questio~ithe legality of any action taken by
any authority under section 20.
20-B.Makingf o b declaration.-If any person makes
in connection with-
(a) the preparation, revision or correction of an
electoral roll, or
(b) the inclusion or exclusion of any entry in or
from an electoral roll,
a statement or declaration in writing which is false and
which he either knows or believes to be false or does not
believe to be true, he shall be punishable with imprison-
ment for a term which may extend to one year, or with
k e yor with both.".
,
,
15. For section 22 ofthe 1358 Act, the following .,;+;on Substitution of
for
shall be substituted, namely !- section 22, in
Tamil Nadu Act
"22. QuaItj?cation of candzkhtes.-No parson shafl XXXv of 1958.
be qualified for election as-
(a) a member or president of a panchayat unless-
(i) his name appears on the electoral roll for
tho pmchayat i and
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90 Local 1iurhorlties' Laws [I980 : T. N. &t 32


(Am~ndment )

(ii) he has completed his twenty-first year of


age ; or
(b) chairn1a.n of a panchayat union council unless--
(i) his name appears on the electoral roll for
any one of the panchayats or townships comprised in the
I panchayat union ;and
(ii) he has completed his twenty-first year of
.
age.".
1

Insertion 16. After section 24 of the 1958 Act, the following


new section
24-A in Tamil section shall be inserted, namely :-
~ a d Act ~
xxxv of 1958. "24-A. Disqucllifcation of voters.--No person who
is of unsound mind and declared so by the competent court
shall be qualified to vote and no person who is disqualified
under section 24 shall be qualified to vote so long as the
d i s q ~ a l ; ~ ~ ~subsists.'',
tion
Amendment of 17. In section 36-A of the 1958 Act, in sub-section (1).
section38-Aa in clause (b), in the third proviso, item .(i) shall be re-
Nadu numbered as item (LA), and before the item (LA) as so
Act XXXV of
1958. renumbered, the following item shall be inserted, namely:-
"(i) unable to read and write in Tamil ; or". 4

PART V.
e

AMENDMENTS OF THE MADURAI CITY


MUNICIPAL CORPORATION ACT, 1971.
18-21. [The amendments made by these sections have
already been incorporated in the principal Act, namely,
the Madurai City Municipal Corporation Act, 1971 vadl
Nadu Act 15 of 1971).]
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% . / . "

The following A.ct of the Tamil Nadu Legislature


assent of the Governor on the 7th May 1985 and is hereby publi
for general information:-
ACT No. 25 OF 1985,
An Act further to m e n d the Tamil Nadu District
Municipalities Act, 1920.
Whereas a policy decision of the State Government that election
to all the municipa,l councils will be held in August-September
1.955 has been announced in both Houses cl the ' ~ e ~ i s i a t u;r e
4 n d whereas the elections to the muni~ipal cou~lcils <;n the basis
of division of wards and ressrvation of seats for Scheduled Caste
Scl~eduledTribes and women under the provisions of law as they
now sband could not be held because of legal di6cul::ee;.
And whereas it has become necessary to'hold elections to the '

municipal councils under the prorisions of law as they stood in


the ycar 1979 :
And whescas u~ldcrthe provisions of law as they stood in 1979,
division of wards and reservation of sea,ts shall be made on the
basis of the last census which will now be the 1981 censns;

And whereas any fresh division of wards and rawvation of seat8 :


under the law as it stood in 1979 on the basis of 1981' census
after following the prescribed procedure cannot be'completed in
time to hold the elections in August-September 1985;
And whereas in order to complete the process of elections to a
tho municipal councils, there is no other alternative except.
hold the elections on the basis of the division of wards
reservation of seats made in accordance with the 11971 censu
And whereas it is considered necessary to make suitable pr&si
in this regard and for certain other connected mat-
BE it enacted by the Legisla~ureof the State of Tamil Nadu in
Thirtysixth Year of the Republic of India as follows:-
I i
I/

1. Shout title anti commencement.-(1) This Act may be


the Tamil Nadu District Municipalities (Amendment) Ach, 1985.
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LatestLaws.com
ADU GOVERNMENT GllZETTE EXTRAORDEENA~~P
1 -

, , r /

ent of section .7, Tamil Nadu Act V of 1920.--1


Tamil Nadu District Municipalitiks Act, 3 920 (Xirn~
1920) (hereinafter- referred lo as the principal Act),-

). In any mumicipallity, the State Government may, by


rom time '10 time, reserve wards for-
(a) members of thle Scheduled Castes,

vided that no such ward shall be reserved for' any.of the


ies mentioned in clauses (a) and (b) if at the last.precetling

3-A), he total number of wards reserved ,'under ~ b -


ot exceed one-fourul oi L L ~strength
: of the 'municinal
d under sub-section (1).
In reserving wards for the communities mentioned in
. . . ,

4. Arrtendnzent i-ecrion 8, Tarnil


I Q ~ Kuriii . - k t V of 1920.--In

owmg cl'auses shall be inserted, namely:-


- .&., . .
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i ,/ ,.

. 1 . s - r .

(c) declare for whom such wards are reserved.".

6. Amendment o f section 368, Tamil Nadu Act V o

7. Perding proceedings lo aabte, ere.--(l) Section


Tamil Nadu General Clauses Act, 1891 (Tar,lil Nadu Act
shall not apply to the repeal of sections 7-B, 7-C, 7-D, 7-E a
thi. principal. Act by t512 Act.

(2) Every proceeding inadc or taker1 under an


scctions of the princ.ipal' Act referred to in sub-section (1)
bcforc. thc date of :the publication of this Act .in the
Gove;.ni:.;eizfGazette! shall abate.

43) No legail proceedlag or remedy in respect


privilege, obligation or liability acquired, aGrued or ,incu
any of the sections of the principal Act referred to in su
shall be instituted, continued or enforced under

5. rso'tificcztions specified in tlze First Schedt~kt


cO~ct.--T he former Rural Develbpment and Local
~ e ~ a r t r n wnotifications
lt specified in' the First Schedu
effect (on and from the date of the publication of thi
7i1mil Nadir Government Gazette. cease to have effe
9. Revival of certain notification$.--Notwithsta
thing contained in the principal Act as;, amended.
Act or in the Tamil Nadu General. Clauses Act, ,189
Nadu Act I of 1891) or in any other law for the
force, tbe former Rural Development .and Local
DryDarmerrt notifications specified in column: (3) of
Schedule relating to the municipalities specified in the cor
entries h column (1) of the said Sche2ule issaed with the Cr
order specified in tlle cmrespon@ng entries in column (2).
shall with effect om and from the date of publi.cation .of this
Gszett~,r e i x m d skz1I' have
the Trrmil P J K ~ L Govc~nnzei~f
~
and eflect in law anti such notifications shall not be liabl
questioned in any court of law and the first election t s t
cout~cilsafter the date of publication of this Act in the
Governrrzenf Gazette shall be, helld on the basis of such n
(A. Group) IV-2 EX 11891 -3
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X NADU GOVERNMENT GAZETTE EXTRAOEUINfitY'


'

'[HE FlRST SCHEIIULE.

) No. 11 (2)/RUL/2811,'(b)/83, dalei thc 24th May 1983,


p~lblished at pazes 1-2,
24th May 1.983,

---Section 2 of tile Tamil Nadu Government Gazertc, Exl.ra-

--Sb "ion 2 of the Tarnil Nadu Governmet7r C~lzcttc., Extra:


Jated the 30th June 198.3;

the 13th Octot~er

I (2)/RUL/6374 (q)/83, dated the 18th October 191g3,


Shed at pages 39-40,
ULJ63.74(r)/83, dated the 18th October 19X3,

5th December

. -.
. -.
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-1 i i E SECOND SCI-IEDULE.

( ; O V ( ! Y I Z I ~ L > I E ~Ortlclr. iMiscc~Il~~neou,s Dctuils of not~ficcatiorip~rblislied


t~ru~rher and (late oflfovnzrr irz the Thinil Nudt~Go1:crnm('nt
I~~:t*(.rrl
Development ntzd LocaI
A~k~zinistrntioriD~~pccrtmcnt.
.
,.. .
'1 Alandur ..
2 Chengalpattu

.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

6 Tambaram .. .. . 97, tl;ttctl .8th January 1974

- 27, dated 3rd January '1974

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
:: \
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.

a 66 Kumbaironan~ .. . . . . 98, dated i8th January 1974

5 68 Mayiladuthurai ..

69,Nagapattinam ..

. . 4, dated 2nd January 1974

.. 99, dated 18th January 1974

.. 1238, dated 15th May 1974


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7 'l'iruv~rur .* e * *. .. 223, dated 6th February 1974 ..


11 ( 2 ) / ~ U ~ / 8 7(h)
7 and (9174 :1t
pages 1-3, dated8th FeSruaryl974*
4 Aruppukotfai .. .. . . 405, dated 22nd February 1974 . . I1 (2)/~U~/1124(m) and (n)/74 at
' pages 14-1 5, dated 23rd February

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.

, 329, dated 14th February 1974 .. 1 1 ( 2 ) l ~ ~ ~ / l l 0 3 ( hand


) (i)/74 at
pages 13-1 8, dated 16th February
137).
,, 240, dated 7th February 1974 .. II(2)/RU~/877(f) and (g)/74 at
p'lges 5-9, dated 8th F. bluarj
1974.
'S6 Koilpatti .. ' ... , , 136, dated 23rd Jenuctty 1974 . . II(2)/RUL1523(f) ar,d (g)174" at
page. 6-10, daied 23td January
1974.
, S ? ~\$clnpala~am .. . , . 333, dated 14,11 Fcbsuary 1974 . . II(2)/RUL/l003(p) and (q)j74,at I

-
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

pagc" 12 I ?, dated 231d Febl-u2ry


1974.
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90 Sankarankoil .. .. .. 100, cintcd 18th Jantlar y 1974

91 Shencottai ..
1974.
I

.. . . I l l , dated 19th January 1974


4
92 Tenkasi .. ..

A
3
93. Tirunelveli .

95 Colachel ;.

~ / 5 2 6 5and 5266178 at
LatestLaws.com

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,
I
............
-
. . . . ., .

- + ,. . . .
.
,

.
. ,
,
- ' 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 ,
. -
,. .
'!c the '.. . --'
,
.
,:':
, . . .
.
1 '
- .. into.force at once.
-.. 1 ' . . +Itt shall
. . ";(2)':
*, . .' ,-
. come
-..:. ..
,. ,, .,.
. .
. . .. .
, - - .
ljijj : . .
'I " '

: k,'Amendment' of section 8, Tamil ~ a d u Act V of 1920.-


,I'l!8 ,

In section 8 of the T2mil * ~ a d District


, u Municipalities Act, 1920
,ilj!. . .
if:!;
( T a d Nadu Act V of 1920) (hereinafter referred to as the principal
Act), in sub-sdon ( I ) , for the expression " four years ",fhe expre;;
siob " three years" Shall be substituted.

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
LatestLaws.com

. .. .

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.
.? , ,

1. Short tilie and commencement.-(1) This Act may be .


(bc Tam3 Nadu:. Municipal Laws (Asnenclment) Act, 1956.' .
'

il
' .
, .

12) It shall come into force at once; . .

. !I
AMENDMENT TO THE TAMIL NADU DISTRICT ILIWCX- '
- - lj
+
CORPORATIOS ACT, 29 19. !i

2. Ajnendment of section 44-A, Tamil Nadu Act IV o j 1919.-


I
' ,

lo -section 44-A of the Madras City ~ u n i d p a lCorporation Act, 1919 i1


(Tamil Nadu Act 11' of 19 19j, after sub-section (51, the fonowing . I .
.
, sub-section shall be inserted, namely :-- .

" (5-A) ( a ) Where a persm is appointed under clause (b) of 1I !


subsection (5), the State ~ i v e r n m e n t-may appoint an aavisory.
b a r d to advise such person in tile exercise of his powers and
pcrlp~manceof his functions unded the said clause ( b j and the
' ndvicnrv h a r d chflll rnnqiqt nf t h e fnlinwincr m ~ r n h ~ r q
narn~lv ,.
(I j Members r ~ fthe Stab LegisJative Ashcmb;y and ; U m b s ;I

d the House d the Per& &men to rep-e;f:rLt 12~e <,~m$$,i-&


mp.*s:fig a22 r.J! ti#; c;3> ;
? d C . E i ,.: c-;.t
,. ;
j~a.j;l&~J-/$(>,l,ficjj an(] &fernh$
(d tk C ~ c c i oi
l S t a t t i i h o arc ordinarily iclidrni in the Siry;
f persons not exceeding fifteen as the State
. l l r W
(A Group) IV-2 EX.(252)-:!
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<, ,
' .-NADU GDVEllNMLTT GAZETTE EXTRAORDINARY
170 .,TA;MIL

(h).'fhc.-StatsGo;-crnmcnt shall p u b & ~ !in~ th=. 7 m G Z 3 ' d l t


- Go-yer~r/~ml
Gu~e11crLc.,r,amcs of aii rbe n~srnbersaf r5t ad;-koq
, .

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

AMENDMENT TO THE TAMIL NADU DlRlCT MUNICI- '


PALITIES, ACT, 1920:.
3. iA.lme~$~pn/ ~ f - ~ s e c t i o nT. ~
7 ~m i l ~ N a dAct
u V of 1EO;-In
the ~ a m i lNadu, District ,E/lupicip$tjes.Act, .I920(Tamil.-.Nddu-:,Act
Y cf 19201, ;<section 7, after'-sub-section,, (21, the follqwing, . . sub-
- sectidn shall be inserted, namely :-
'' (2-A) Every member of the State Legislative Assembly
, representing a constituenc'y comprising ,theL.whoJeor aay part of ihe
municipality and .every member of the State I-egida tive Council who

.
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@-$at..
.
nothing. coni,ained.3n . this sub-section' shall . be .
. deem~d.$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~
. .. . ,
'. .
chairman;
. . . . .
4af his *right.-t- ;vote. ? -
.9
. '

. I
.
. ..
;< - .:.' . -.
6 .

-- ,
..
. ,

, .
, - (By.-:order:of the. Governor]
.. .
-
,
.-
i
'

. . - . .'I -
I '
a n S. VAD&VELU,'.
F:
.
. .+, . . ,
- .
. ._. .. .-*.: . . ::.. ,
1

-
.

-. .. .
,
- Com~cissio+?r ond,.Secretory. to Gbvernment;
Law Department, ..I .
., ' .
l <

I- . .
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$is hereby published for general information:-

fihdl, be inserted, naniely :-

anything contained in this Act,-

f~ f l , . . r - y * - ~ i ~ 3f U'P. /1A.1\-.:--9
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90 TAMIL NADU G0VER;NMENT GAZETTE EXTRAORMNARY

(ii) the District Rcvcn~leOfficer or tho Rcvenue Divisional


.Officer reflcrred to h sub-clause ( a ) of clause ('I) shall be ths
Chairman of the Taxation Appeals Committee ;
(iii) the business of the Taxation Appeals Committee sh@
be R a n ~ a c t din accordance with the rule made by the State
Government in this behalf. ".
4 . Arncndmertt of rectim? 24, Tamil Nndu Act V of 1920.-To
~ection24 of the principt~lAct, the folllowing proviso shall be added
at the end, namely :-- i i the
- " Provided that nothing contained in this section shall apply to
the Taxation Appeals Committee referred to in section 23-A. ". n a.
5. Arnendmerzt of sectiorl 41, Tatnil Il'actu Act V of 1920.-In
section 41 of the principal Act, in sub-section ( I ) , after the words MI
" exceeds or abuses its powers ", the words " or if in their opinion
the financial stability of the municipality is threatened " shall be
inserted, , s rul
I
6. Amendment of Sclz~.duleIF7, Tamil Nadu Act V of 1920.-
In Schedule IV to the principal Act,-
( a ) in rule 3, for the provjso, thc following proviso shall 5e
substituted, name!y :- a.
" Provided that in the1 case of taxcs ~ayablcby the executive
authority, the original assessment shall be made by the Regional
Djrectnr of Municipal Administration. " ;
- -.=,
'(b) in rule 4, in sub-rule! (I.),-
'(i) for the word "council", the words "executive
authority " shall be subs dtuted ;
(ii) for the words " it may direct the executive authority to
amend #,' the words " the executive authority may amend " shall be
.-
, substituted :
'(iii) for the proviso, the following proviso shall be
substituted, namely : -
1..
'' Provided that no such amendment in the said books
,shall be made where it involves an increase in the assessment, unless
the person concerned shall have been afforded a reasonable opportunity
to show causc tn tlie executive authority why the o s s e s m o ~ ~hook%
i
-L-..l.I --A 8- - - --- -*-3 --- * a
.
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(c) in d e 6, for the proviso, the f~llawingproviso shhU :.l!


substituted, namely :-
" Provided that the value d any land or building the t a x . # f ~
whicb is payablq by the exccutive authority shal1,lie determined by @jtq,. - ~ - f

Regional Director of Municipal Administration. "; . ".


..
' '
'. -
& .L

(d) in rule 23,- . ,,. '4


. #,.
(i) in the opening portion, for the werds, " the council ",, "4:;;f %.

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%
<-

"(a) assessment made by % : Regional Director of ?+&

;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
..%
. j

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
. ,..
,

P 09 -I? on & = q,hctit?Jtd :


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I -
-
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
"

and of the ax at ion .4ppeals Committee undcr rule 23 shall, during


any period in respect of which the State Govcrcmcnt may, by'
n ~ q c a t i o n , so dirccr, bc excrcised by a spccial o.+i~erappoiiltcd by
them ; and thereupon the executive authority, oi as the cilse may
be,, the Taxation Appeals Committee, shall cease to exercise the
said powers-during the said period, a n d 2
(i) rule 4 shall have effect ds il for the expression
"executive authority" occurring therein, the expression "special
officer apyointcd under rL le 28-A " wcre substituted ;
(ii) rule 23, rules 25 to 28 shall have ecect -as if'for the
expressim " Taxation Appeals Committee " \xlherevcr it occurs in
those rules, the expression "special officer appointed under
rule 28-A " were substituted ;
1 -
(iii) clause (6) of rule 26 shall have effect as if for the
expression "executive authority )', the expression *' special officer
gppointcd under rule 28-A" wcre substituted.
I

'
(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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such cbairmirn or councillor.

'.
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,, 7

(6) 'f'hc chairman or the councillor whd stands reeaQM


cr this section shall not l ~ celigible for election to the ofice of
lch chairman or councillor ior a-period of six years from a-
daii
of such declaration under sub-section (3).
(7) The State Gow~pmentmay make rues for the
of pivillg cacct to the provisions of this section including thr, mmntr
of holding the referendum.".
(By order of the Goverx:or)
- .O

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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TAMIL NADU GOWRNMENT GAZETTE EXTRAORDINA&V 11

reby published for general information :-

An Act further to amend the Tamil Nadu District Municipalities Act,

BE it enacted by the Legislative Assembly of the State of Tamil . -


Nadu in the Thirt'y-eighth Year of the Republic of India as -

- 1. Short title and commencement.-(1) This Act may be called


the Tamil Nadu District Municipalities (Amendment] Act, 1987.
(2) It shall come into force at Once.
2. Insertion of new section 162-A, Tamil Nadu Aefi V of 1920.- '

'
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

4. Amendment of Schedule IV, Tomil ATadu Act V of 1920.-In


Schedule IV, in rude 43, in sub-rule ( 1 ), after clause (I), the following
clause shall be inserted, nameIy :-

(By order of the Governor)


S. VADIVELU,
C~mmissionerand Secretary to Government,
Law Depurtrnent.
-- -- -
AND ]rUmS)1= by TWi? D ~ 3F STATIONIiH\
R A?Jl) FRmLm
MADRAS, ON W A L F CW 1Wt3 aOVBRNMBlT OF TAMIL N A ~ A J

tA ~ ) Ex,(379) -2
~ r d u 1V-2
/
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E
!i TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7
;/
-- -- __ _ ---
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.

(2) It shall come into force at once.


IkrniI Nodu Act
V of 1920.
2. I n section 8 of the Tamil Nadu District Municipalities Act, 1920 Amendment
(hereinafter rcfc:rred to as the principal Act), in sub-section (I), for the words *- of'

" 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.

BE it enacted by the Legislative A ~ e m l t l yof the State of Tamil Nadu in the


Forty-second Year of the Republic of India as follows :-
1. (I) This Act may be called the Tamil Nadu District Municipalities Short title an
,(Amendment) Act, 1991. commencem

(2) It shall come into force at once.

-.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 \

% Provided further thait for the purpom of reckoning the number of


women to be, cokopted under fi!s sub-seation as councillors, the number of
women bclonaina to the Scheduled Castes tllld the Scl~edulcdTribcs elected to n
municipalitvsh~ll alsd be taken ihto account.
(4-A) Kottviths#anding anything contained in sub-section (1) or any
notification issued Rllercunder, tha strengtli of tho council as snecified in the
said mhection (1) shall be deemed ta i;e increased by such nimber asi mlay be
co-opted under sub-sction (4).
(4-B) Every co-opted councillor shall have all the rights,. p o ~ e r s
and privileges of an elected councillor. ";
(3) in sub-section (5)) the words " or women " shall be omitted.

3. In section 8 of the principal Act,- Amtadment ot


d o n 8,
(1) in sub-section (5),-
(a) for tlle words " dhc chair~llonor a crruncillor elected ", the words
" the ch'airman elccticcl or a counclillol. olected or co-owed " d ~ n l I)c
l sil1,stituted ;
B
( b ) for thc word " elected ", the word " clecteci o r co-optcd, as the
'case may l)e " shall 110 s~il~stituted
;
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.
-.- +
.I+.
I. /

of - .
I

GOVERNMENT. GAZETTE
EXTRAORDINARY E ~ AUTHORITY
~ U ~ L I S H BY

I
I

MADRAS; WEDNESDAY, DECEMBER 9, 1992


KARTH~CAI24, MNGEERASA, THJRWAUUVAR AANDU-2023

a k I
A- and
TnmilamilNalu ' L
. , ...
, - r J,

he following' ~ = oft the Tamil . N d u Legislative Assembly received tht ,.


aseent of the President on the 5th December 1992 and ie hereby published
far general information :- * ..
ACT No'. 58 OF 3992. I

An Act fu*tlut to anend t k ~kil


N a l v Di.t&t Municipditie~Act, 1920.
rrrs'

iu 4 WHEREAS it ia mmidered &xsmwy that urgent etep h n l d be taken )


to preserve the wenic beauty and environment af hill stations in the State of '
Tamil Nadu by prventing unplanny and muahroom growth of buildings ; . '
I

*
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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TAMIL NADU GOVERNMENT G F L Z E W EXTRAORDINARY


:-

, , BE it enacted by the Legislative A ~ m b l yof the State @ f i f ~ f l ~ l k i l Nbdu '


I . .., , , d
& the FOrtY-thirdYear of t$e Republic of India fallows :-

.%..- - - ..
(2) It &all come into force at once.

" C!EAPTER X-A.


, . .I . , Buil&zrtg ~ e ~ u t a t & t sin Hi11 Stations. '

- , ! 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

within the ares of the hill..etat%m '&thotit 8. licen'ct?:,krant,cd by ihc Stnte


Government and ex~ept-.in accordance with the terms ancl conclitioncl sperjfied
in such licence.

( 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

- - -.
cD
3
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--
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- ----

217-f'?. Applicat4'on for Zicknce.--(1) Every application for a licence


orlder section 21743 shall be in wch form, contain such particulars and ,

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. * ,

(5) The Committse s b l l while wamining the applications under sub-


sectjoli (4), shall havc regard to the following inattera, namely :-
. (a) t6e application for grant of a licence complies with the ' ~mi---
l o n s of this Chapter and rules made thereunder ;
( b ) the pruposed construction or recoilstructicn of the building of,
the purpose for which the land is proposed to be used will not be detriment& - 8

to the scenic beauty and fiatural environmenl of the hill station ;


- \

(c) the prop@ conetx+ction or reconstruction o f a building will


aesthetically and arir=hiteeturallyharmonize with the landscape of thc hill
station ;
(d) the possibility of the construction or reconstruction of building,
the non-agricultural purpoqe for which .the land is to be used or the carrying
out of any engineering, mininp' or other allied operahiom,--
i
s (i) crwting unhvourable condition* upon the scenic beauty' and
! n a b r a l environment of the hill station ; m
(ii) resulting in concentration of populution i i and aro&d the
hill station ; -
(e) th;il the proposed use of land will not load .to deforestatic?n ~d
soil erosion ;
( f ) that the proposed use of land will przserve the special char&,
tsristics of the hill station as r ~ r d landscape,
s vegetative cover and climak of
the hill @tion ; . . ,
(g) the frte pasage ar way tp be left in frcat af thd buildinlg t w
mrv bn prescribed : . .
(k) he open space to be left about the buildin:< to seciure free ci~*cu-
%eon air nnd the prevention of fire and to facilitate scavenging ;
< c m
~ e ventmnon of the building, the min'imum cubic area of tbe
lr~onsnnd +be itumber and 'height of the Wreys d which the 'building mag
*W'& ?

(4.) the p~ovisionand posit?on of drains, latrines, urinals and +&e


. . for rubb~shor
wwta er othee rcc!eptavks filth ;- ". I

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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G26 TAMIL NADU GOVERNMENT GAZEITE EXTRAORDINARY


1 -
.-
I ( I ) "the line ol' f r o i ~ t q e'wfth
.abuts on a street ;
, neighbourin'g buildin@ if the buil(1ing

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.

, , 217-D. Urnnl,4rf licence.-On' receipt of as arl.':'?ation frgm the Com-


mittee with ite remarks, the S W Government if %tiefled ,that the p p n t : qf
a licence will not tek-ult in the deterioration of scanic beauty or 'destrbciion of
the environment and ecoaptem of the hill station, may, grant a licence subject
to huch terms andiconditiona aq they may think At-to impwe, or refuse to grant
, a licence :
, .
Provided that a licence shall not be refused unless the applicant h t ~ sbeen
given an opportunity of making hie repnxeatation.
217-E.f otoer to cancel or suspend %me.-(1) The State Covcroment
may a t any time, cancel or w e n d any licence gnmtetl under section 227-D
if-;-
1
(a) such licence has been obtained by fraud, misrepresentation
_.,..
or
suppression of material partidam ; o r % ,

( b ) the holder of the licence haa contravened any of the provisions


~ f this
e Act and in particulax the provkions of this CWapter qr any rules 111nde
thzireunder or any' of the terms and conditiom subject to which the licence
trrm grc nted.
: (2) Bcfore cancelling or suspending a licence under 'qb-section , (1).
the State Government shall give the holder of the; licenoe, an opportunity of
making his representation.
5 , ,

217-I?. Period of licence.-Every -licence grantqd under section 217-D


@hallbe valid for a period of one year from the date on which it is grnnted and
if lhe construction or reconstruction of a building or the user of agriculturnl
land for non-agricultural purpose, or the engineering, mining or other ~ l l i e d
operations( for which the licence is granted, is not commenced within the said
period, it shall not bc commenced thereafter unlew the State (lovernment on
alpplication made therefor haa extended the period of licence.
- 21'7-C.Z'enoltis-(1) Whoever within the area of a hill. statim begins,
(
continues or completes the construction or reronstmation of a, building, of. puts
to use any agricultural land to non-agricultural purpose or car+es out any
efigineering mining or other allied operations-
*
- (a) without a licence ; or
, -
,

complying with any of the krtrs and conditions of


( b ) mitho~.~t a
licence- : or .
."
s
,.. , . . ,
.-
.\ 8 . l ,
, (c) chenn l i c e n c e h a a b e c n ~ r d o s d ; m , ' .. ,
,.
( d ) after the expiry of the licence granted under section 217-n,
wl k pudehable with fine which may g&na to $ye, tho-, rppes
(2) Whoever wjthin thi
-
area of a hill station -
A., . I ,--I. . " a *; , >?
a?,.; *r .v,r'..-.
* . -
' -- . .. " 7 . ' t~ '.,'. , , t l Fs; r< irT>j r ; ' $ [?:\
uses any building *~n~~-,.111:- &+ qgty@ejj f y ~.&,5.pprqoq
qther than that specifid in the Ilcenre : - I .

G? -11 -Y> -23 .q t j : fp;J


.-.- - - ---- - ---- - -- -- - - - - - - ---
fll"
\ h
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- TAMIL NADU O~WRNMBNT


I . I '

0
- EXTRAO~INARY - .-*,.,- ';b7
.
. . I
1 ,
(b) puts to use my a g r i d t u r a l had to non-agdmlturhl pnrpbg
I
'
' 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

I'rovided that nothing contained in this ~ub-secttic~n &all render nny


,. n ~ c hperson liable to any punishment provided in this Chapter, if he prows
that the offence was committed without his knowledge or that he exercised all
. due diligence to prevent the commission of such offence.
; , I , . (2) Notwilbhnding anything contained in sub-section (I), where an
offence under this a i a p t e r has been committed by a compatly and it is proved
that the oflence haa been committed with the consent or comivance of, or ia
: kttributable to any neglect on the part of, any directors manager, .secretary or
fother officer of the company, such director, manager, Mcretary o r oth'er officer
s5;tll alspcbe deemed to 1~ guilty of that offence and shall be liable to be pro-
~ e c d e dagainst and punished 8ccordingly.
i . - 6

Bxplanatiolz-For the purpwe ,of this section,-


,.
,?. a

(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

217-J. Potvar to stop work.-(1) The State UovernrrLe3tmay, at ariy time


%!bynotice in ~vriting,direct the owner, lessee or occupier e f any land in a hill
s t.ation- ) , .
(a) to stop the construction or reconstnrction of any building :on
such land : or I

(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

. I

(d) to atop the user of any agricultural land for hon-&ricultural


p u r p se ; M , * *, . a

iI (e) to stop the building, engineering, -mining 03 other allied .


operations, . bt (tff.c,~

. * . ,. .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

. ~ v i t h bthe .time tjpqified in t h e nati*,, the State O~vernmeotmay have guch


, direction carried into effect at the cost of the local authority of tEie hill station
concerned and tlle ainount thereof shall be recovered from the defaulter hy
.;he:said local authority as if it were an arrear of land revenue.
'
217-K. Review.-(1) The State Government, may, on application,. review
.pny order, &ciijion or directian made by them including the grant or refusal
of a licence, if it'appeam 'to them. that any such order, decision or direction or
Ihe terms and conditiow of the licence should be modified, a~nulledor reversed
pnd pass o)rders accordingly.
(2j No order under this section adversely affecting
3 person ahall be
,ride u u h ' that person has had a reasonable opportuuity of making his rep-
resentalion.
(3) The State Government may stay the operation of any order, decision
or direction made by them including the grant of licence p~nciingthe exercise
, their power under sub-section (1)in respect thereof. .
hf
* .

' 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 :

Provided t h t the High Court may within a further period of thirty


- days entertain an appl$xtion made after the said p e r i d of sixty days, if it
is satided that the petitioner had aullicient cause for not making the applica-
tioli Main f i e mid period of sixty days. i

( 8 ) The application ahall be in the prescribed form, &hallbe ver&d i n


the piwribed manner and shall be accompanied by such fee as, n a y be p w
cribed.
(33 In disposing the application for revision, the I-IigIl Court may
confirm, cancel or vary such order :
Provided that no ordm prejudicial to any party shall be pasecl unlesr,
m h party has been given an opportunity of being heard.
(4) Every order passed under this section shall be final.
, ,
217-M. Bar of compensation.-No compensation shall be claimed by any
person for any damage or loss,sushained by him in consequence df-
( a ) the refusal to grant any licence by the State Government ;
- (b) my m d tondi$lcm ,subject t t o which any such licence is
'/wanted;
* 4c,) any direction issued under sle,ction 2174 ;

(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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TAMIL NADU GOVERkMENT GA

217-3.Civil courts n o t t o decide questa'ons wader this Ctrq,tm.-~e -


,chi1 court shall have jurisdiction to-decide or deal mith my q u d n whkh is
. ;by or under this Chap* required to be decided or d e d t with by Sute '
flovernment.
' 1
213-0. Chapter lo *llj~.r~ide other laws.--(1) The provisions of this Chap-
icr shall have effect notwithstctnding anything inconsicltent !herewith con&ned
;,I this S e t er any other la~v,custom,.usage or contract,

(2) Save as otherwise provided in sub-section (1)) the provisions of ,


th% Cliagter shall, be in addition to. ancl not in derogation of, any other pro-
visiona of this Act.
217-P. Delegation of powers of Government ultder this Chqler-(1) 1
The State Government may by notification, authorise the Collector to exercise
any of the powers vested in them under any of +he provisions of this Chapter
in revect of a hill station.
,
1
( 2 ) The exercim of any power delegated under sub-section (1) shall be
mbject to such restrictions and conditions as may be specificil in the notifica-
tion and subject also .to control an$ revision by th? State Government.
217-Q. Power io exempt from the provisions of this Chapter.-The Sttlie
' Government may, by order, exempt subject to such conditions, if any, aa may -
he speciflei1 in the order, the Central or the State Government from all or any
of the provisions of this Chapter. ".
'
3. Notwithstanding anything contained in the principal Act or the rules ]
a mof
i
made thereunder, every application for grant of a licence- pmdb
apphtioar.
(a) for the construction or reconstruction of Rbuilding: ;
. , ( b ) for the user of any agricultural land for non-agricultural purpme;'
v i'
(c) for carr~ringout any engineering, mining or other allied operation
on any land
1 I
before the executive authority of at hill atation on the date of tfiq
9ublication of the Tamil Nadu District Municipalities (Amendment) Act#
1392 in +he Tamil Nadu Government Gazette &all be disposed of in accordan&;
~ith the provisions of the principal Aot as aimended by this Act. a
I I
I

(By order of the Governor.)


, -

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 :-

ACT No. 25 OF 1994.

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

(3) after clause(l1-A), the following clause s& be inierted, namely :-


"(11-B) "Inspector" means any officer nct below tbe rank of a District
I
I
Collector appointed by the State Government 'to exercise or perform any of the
powers or duties of th? Inspector under this Act;";
(4) after clause (12-B), the following clauses shall be inserted, namely:-
<12-~) "municipal council" means the council of the town panchayat
or the municipality, as the case may be ;
(12-D) "municipality" means an institution of self-government constituted
for a smaller urban area as defined in clause (2) of Article 243-Q of the Constitution;";
( 5 ) after clause (18), the following clause shall be inserted, namely :-
("(18-~) "panchayat town" means an area in transition from a rural area
to an urban area classified as panchayat town under section 3-B;";

(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 -

(2) An election to constitute a t ~ ~ a xp c k a p t ,shall be completed, -


( a ) before the expiry of rts duration specified in sub-section (1) ; or
(b).before the expiration ofn period of six months from the date of its
disrmlution :
Provided that where the rema'nder of the period for which the ,dissoived
._----.. would have continued is less than six months, it .sh& not be n k v
.town panchayg
__._(

ogry to bold any election for constituting th: Wwn panchayat for such. period,
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ELECTION AND TERM OF OFFICE OF MEMBERS.

(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.

chayats in the State :

3-5. Division of t anchayatsdto wards.-(1) For the purpose of election ot coun-


cillors to a ~egpk3-nspector shall, after consulting the town pacha).iit, by
divide the pan@2y$.iown into,wards and determine the numb&.of members
t o be elected in accordance w ~ t hsuch scale as may be prescribed.

(2) Only one member shall be elected from each ward.


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----.-- - --
3- UW I Y A L A ~ I V A U A I
A U L I - - r -- -*--A- I*
--I--> A *
*
.A

----
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

3-M. Application of the Act to fowiz panchayuts.-The State ' G o v e r ~ l e n may,


t by notifi-
cation, direct that any of the p r o v i s i o ~ i ~ Aand" ~the
t rules made thereunder or of any
o t h e ~enactment for Lhe time bei1l.g in torce elsewhere in the Stare of Tamil Nadu bur not in
rhe panchayat town shall apply to that tywn partchayitLto such extent and subject to
such modkfications, additions and restrictions"as iiXaybe s,jecified in the notification.
3-N. Chapter to override oilier laws.--(I) The piovisions of this Chap~ershall have
effect notwithstanding anything inconsistent therewith contained in this Act or any olher
(2) Save as othhwije provided in sub-erion (I), tr;eproviGons of this Ctlspt~r
sbdl 'k,in zddiuon to. and nor in derogation of, an3. other provi>ionsof tl~isi\ct.".

4. In section 4 of the principal Am,-

(1) hl sub-saction (I), for t ~ l ra: x p i c ~ ~ i o"The


n State Govcrnllle~itmay, by notification,
declare their intention", the expression "Tlle Governor may, having regard to the
population of the area, the density of the population therein, the revenue generated
.for, local administration, the percentage of employment in non-agricultural
activities, the economic importance or such other factors as he may deem fit, by
notification, declare his intelltion" shall be substituted ;
(2) in sub-section (2), for the expression "The State Governme~~t''in two
places where it occurs, the expression "The Governor" shall be substituted ;
(3) in sub-section (3), for the expression "the S~ateGovernment have considered the
objections, if any, which have been submitted, they may,", the expression "the Governor
has considered the objwtions, if any, which have been submitted, he may,", shall
be substituted.
Amendmat-of ' 5. In section 4-A of the principal Act,-

"(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

(3) in sub-section (9,the Explanation shall be omitted.

7. For section 5 ot the principal Act, the foiiowing sectlon suaii be substituted,
A - >

"5. Duration of n,rrr~icipaliry.-(I) Every municipality, unless sooner dissolved


d o n 41, shall cont~nuefor five years beginning from the date appointed fm its firstmee%
after each ordinary election and no longer and the expuabon of the said period offiveYeans C

operate as a dissolution of the municipality. ' !, ; .. , . ; . - i , , , ;.-. . ~,,. . .g I . >


+

:, :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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Eqg6 ... - ? A M I. ~NADU GOVERNMENT GAZETTE *EXTRAORDINARY


- ,-- * -.r - , ?.* - .

(b) The offices of Chairpersons of the municipalities shall be reserved for


women belonging to the Scheduled Castes and the Scheduled Tribes from among the '
I
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 ot offices reserved I

for the Scheduled Castes and the Scheduled Tribes.


I

(9) The offices of the Chairpersons of the municipalities shall be reserycd


for women and the number of offices reserved tor women shall not be less than one-
thi -d (including the number of offices reserved for women belonging to the Scheduled
....
Castes and the Scheduled Tribes), of the total number of offices of the Chairpersons
of the municipalities in the State::
,-,:; ' ,

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 ;

(b) the proviso shall be omitted ;


: . (2) in sub-section (2),-
(a) for the words "subject to the approval of the State Government, be
J ?-,

--
&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

(a) for the words " the chairman elected or


a councillor elec+ qr -
#i
co-opted ". the words " the chairman or a councillor elected " shall be subsbtuted ;
(6) for the words " e!ected or co-opted, as the cast be "; the word
" elqctecj " shall be substituted t 2%;
(6) sub-section (6) shall be omitted.

hxindmnt of 1Q. In ~ection9 of the principal Act,-


meion 9.

.
(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

24-B. Wards Committee.-(1) There shall be constituted by the State Govern-


ment, a Wards Committee or Committees consisting of one or more wards
within the territorial area of tbe municipality having a population of three Iakhs or

(2) Each Wards Committee shall consist of-


(a) all the councillors of the municipality representing the wards within
the territorial area ot the Wards Committee ; ,
6) the person, if any, nominated by the ~tate~Gbvernmtnt under clause
(a) of sub-section (3) of section 7, if his name is registerbd as an elector within the
/'
territorial area of the Wards Committee. 3 1"
(3) Where a Wards Committee consists of,-
(a) one ward, the councillor representing that ward in the municipality :

(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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188 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


_____;\
-- - -- --A -- --- -
. - - __ -- --
_IZ

Amendment 14. in section 41 of the pr~nclpalAct,-


of section 41. (1) in the nwrgnal l z e a d i ~the
, words "or super,edeyyshall be omitted;

(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),-

"or who is disqualified to be included in such part of the electoral roll


for any territorial constituency of the Tamil Nadu Legislative Assembly as relates
t o that ward";
(4) aAer sub-section (2), the following sub-section shall be inserted, namely:-
"(2-4 To assist the person authori~edunder sub-section (2), the Sia&
-may employ such persons as it thinks fit ." ;
Election Commission
-
(5) in sub-section (4), for the words "the State Government", the words "the
\ ___
State Election Commissioner" shall be substituted ;
A

(6) sub-section (4-A) sl?all be omitted.


18. In section 48 of the principal Act,- Amendment
of section 48.

2) afler sub-section (2). the,following sub-section shall be added, namely:-


\

,
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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 ;

(b) requiring the discovery and production of any document or other


material object producible as evidence ;
(c) receiving evidence on affidavits ;
(d) requisitioning any public record or a copy thereof from any court
or office ;
(e) issuing commissions for the examination of witnesses or documents,
(2) The Commission shall also have the power to require any person,
.- .'.subject
to any privilege which may be claimed by that person under any law for
t&etime being in force, to furnish information on such points or matters as in the
opinion of the Commission may be useful for, or relevant to, the subjcet matter of
the inquiry.
(3) The Commission shall be deemed to be a civil court and when any such
offeuce, as is described in section 175, section 178, section 179, section 180 or section
228 of the Indian Penal Code (Central Act XLV of 1860) is committed in the view
or presence of the Commission, the Commission may after recording ;the facrs
constituting the offenc? and the statement of the accused as provided for
in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) forward the cam
to a magistrate having jurisdiction to try the same and the magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused as
if the case had been forwarded to him under section 346 of tbe Code of Criminal
Procedure, 1973 (Centrzl Act 2 of 1974).
(4) Any proceeding before the Commission shall be deemed to be a judicial
proceeding within the meaning of section 193 an6 section 228 of the Indian Pcnal'
Code (Central Act XLV of 1860).
48-B. state men^., made by persons to the Stat!: E ~ C o m m ; ~ . - -

!
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 #

Provided that the statement-


(a) is made in reply to a question which he is required by the Conunib--
sion to answer ; or .:.1
p:
' 2.
(b) is relevant to the subject matter of the inquiry.
48-C. Pryerlurq to be jollowed by the S
StateAElectioo. C o m ~ s s ~ oshall
n have.the power tok re
te Election Co
e.r7ts<~cedure.
,

(includiGfhefixiig of - p l h s and times of its sitting and deciding whether to sit


in pubilc or in private).
I / ,

.--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.

(2) in sub-section (1-A), the words " or co-option" shall be omitted ;


(3) in sub-section (2), in the opening paragraph, the words " or co-option ",
shall be omitted ;
(4) in sub-section (3), for the words " the State Government ", the words
b

"ihe State Election Commission" shall be substituted.


21. In section 50 of the principal Act,- Amendment of
section 50.
(1) in sub-section (I), in the opening portion, for the words " a councillor ",
the expression " a councillor or a person referred to m clauses (b) and (c) of sub-
section (2) of section 3-C or clauses (b) and (c) of sub-section (3) of section 7 " shall
be substituted ;
(2) in sub-section (2), for the expression "the State Government ", the
expression "the State., Election
, . .. Commissio;l " shall be substituted ;
(3) sub-scction (3),--

\ .
.11----
(a) for the words " the State Government ", the words
--.. ... ...r,..d-* " shall be substituted ;
Election Commission
^
" the State
L-

(b) the words " or co-opted" 'shall be omitted.


22. For section 50-A of the principal Act, the following section shall be substi- Substitution of
tuted, namely:- section SO-A.

"1, X;B. having been , elected as a councillor 01 this council do

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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192 VAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

51-A. Ekctioir petlttons.-(1) No election of a chairman or a


councillor shall be called in question except by an election petition presented to
the District Judge of the district in which the municipality is situated within fifteen
a [
days from the date of the publication of the result of the election under section 27. 1
(2) An election petition calling in question any election may be presented
on one or more of the grounds specified in section 51-B by any candidate at such
election, by any elector of the ward concerned, or by any councillor.
(3) A petitioner shall join as respondents to his petition all the candidates
at the election.
(4) An electlon petition-
(a) shall contain a concise statement of the material facts on which
the petitioner relies;
(b) shall, with sufficicnt particulars, set forth the ground or grounds
on which the election is called in question ; and
*(c) shall be signed by the petitioner and verified in the manner laid down
in the Code of Civil Procedure, 1908 (Central Act V of 1908) for the verification
of pleadings.
51-B. Grolln(1.i for d~crluringelcctiolls to be void.-(I) Subject to the provisions
of sub-section (2), if the District judge is of opinion-
(a) that on the date of his election a returned candidate was not qualified
or was disq.lalified, LO be chosen as councillor under this Act, or
(b) that any corrupt practice has been committed by a returned candidate
or his agent or by any otl~erperson with the consent of a returned candidate or his
agent, or
(c) that ally nomination paper has been improperly rejected, or
((I) that the rcsult of the election, in so far as it concerns a returned
candidate, has been materially iiffected-
(i) by the improper acceptance of any nomination, or ...
(ii) by any corrupt practice committed in the interests of thereturned
candidate by a person other than that candidate or his agent or a person acting with
the consent of such candidate or agent, or
(iii) by the improper acceptance or refusal of any vote or reception of
any vote which is void, or
(iv) by the non-compliance with the provisions of this Act or of any
rules or orders made thereunder,
the District Judge shall declare the election of the returned candidate to be void.
(2) If in the opinion of the District Judge a returned candid& has baen
pilty by on agent, of any corrupt practice, but the Judge is satisfied-
(a) that nc such cormpt practice .%?as cornmitt* at 'the election by the
candidate. and every such corrupt practice was committed controrv to the orden, aml
without the consu~tof the candidate:
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-TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


__-_-- -- - -
193

(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).

(2) Undue influence as defined in clause (2) of tlm said section.

(3) The systematic appeal by a candidate or his agent or by any other


person to vote or refrain from voting on grounds of caste, race, community or religion
or the use of or appeal to, religious symbols, or, the use of or appeal to, national
symbols such as the national flag or the national emblem, for the furtherance of the
prospects of that candidate's election.

(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

Provided that the hiring of a vehicle or vessel by an elector or by several . r'!.n?f~


electors at their joint costs for the purpose of conveying him or them to or from .. !lot!
any such polling station shall not be deenied to be a corrupt practice under this
clause if the vehicle or vessel so hired is a vehicle or vessel not propelled
by niechaeical power ;
Provided further that the use of any public tracsport vehicle or vessel Br a n y
ear or railway carriage by an elector at his own cost for the purpose l>fgoing to or
coming from any such pol1ir.g station shall not be deemed to be corrupt practice .,c
under this clause.

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.

(6) The holdi!lg of any lneeting in which i~;toxicati~lg


liquors are served.

(71 The issuicg of ally circular, placard or poster having a reference to


e1cction which does not bear the name and address of t!le printer and publisher
thereof.

(8) Any other practice wllich tlie State Government may by rules specify
to be a corrupt practice.".

25. In section60 of the principal ~ c tthe


, words "or from being co-opted as a Amendment of
cuuncillor" shall be omitted. section 60.
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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

to the Governor as to,-


(a) the pri~lcipleswl~icllshould govern,-
(i) the distribution between the St'te Government and the ~nunicipalities
and the town pa:~chayatsof the net proceeds of the .taxes, duties, tolls and fees
leviable by the State Goveriiment which may be div~dedbetween them and the
allocation between the n~u~licipalitiesand the tonn pa~ichayatsof their respecthe
shares pf such proceeds ;
(ii) the determination of the taxes, duties, tolls and fees which may
be assigned to or appropriated by the municipalities and the town panchayats ;
!?Jb
i
(iii) the grants-in-aid to the inunicipalities and the town pancl~ayats
from the Consolidated Fund of the State ;
(b) the measures needed to improve the fi~lancialposition of the munici-
palities and the town panchayats ;
(c) ally other matter referred to the Finance Commission by tht;
Governor in the interest of sound finance of the municipalities and the town
panchayats .
?
(2).The Governor shall cause every reco~mnendation rnade by the
Comnlission under this section together wit11 an explanatory mtmorandum as to
the action taken thereon to be laid before the Tainil Nadu Legislat~veAssembly.".
Omission of 27. In the principal Act, section 351-A shall be omitted.
section 351-A.
Amendment of 28. In section 368 of the principal 4ct, in sub-section (5), the proviso shall be
section 368. omitted.
Amendment of 29. In section 370 of the principal Act, after sub-section (2), the following
section 370 sub-section shall be added, namely :-
" (3) Any reference to the town panchayat contained in any enactment
i11 force in the State of Tamil Nadu or in any notification, 'order,
scheme, rules, form or bye-law made under any such enactment and in force in the
said State shall be construed as a reference to the town panchayat constituted
under this Act, ".
30. After section 370 of the principal Act, the following sections shall be added, Insertion of
namely :- .new section5
371, 372, 373
374,375 and
1376.
" 371. Pow cr to rdmove dVjcu1ties.- (1) If any difficulty arises ID giving effect
to the provisions t f this Act, as amended by the Tamil Nadu District W c i -
palities (Amendment) Act, 1994, the State Government may, by an order published
in the Tamil Nadu Government Gazette, make such provisions, not inconsistent
witb the provisions of this Act, as amended by the Tamil Nadu District Munici-
palities (Amendment) Act, 1994 as appear to them to be necessary or expedient for
removing the difficulty:
Provided that-=* order shall b ~ - m d eafter
- the expicy ot two years
from the date of commencement of the Tamil Nadu District Municiodities
(Amendment) Act, 1994.
(2) Every order made under sub-section (1) shall, as soon as possible,
after it is made, be placed on the table of the Legislative Assembly and it before
tnt: expiry of the session in which it is so placed or the next sqsiog, the Assembly
makes any nlodification in ally such order or the Asseqbly decides that the order
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GilZE? i E L X Ill'\,iORDIXARY
IBP
.
- -

1 thereafter have effect only in such modified


ay be, so, however, that any such lnodification
br annulment shall be without prejudice to the validity of anything previoufly done
under that order.
1940, the Courtallam Tow~~ship
NAot, 1954 R e p d ef
, 1954 are hereby repcald. oarlri. Acts.

373. CoNlverst3n of a townslzip into a munzcpality or town panc/zaya:at.-Not-


withstanding anything contained in thls Act or any other law for the time being in
force, the State Government may, by notiiication, direct that the local area consti-
tuting any township shall from such date as may be specified thmein (hereinafter
referred to as the specified date), be a municipal area or a panchayat town and
in respect thereof, on and from such specified date, the following tsnsequences
shall ensue, namely :-
(a) the township committee of such area shall cease to exist or to function;

(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)

I&: 1. Planning fol economlc ana soclal aevelupmcui.


2. Roads and bridges.
. -
3. Water supply for domestic, industr~alana comrnercral pu~pu>=~.

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.

: 13. Vital statistics including registration of Births and Deaths.


J'
g; ' . 14. Public amenities including street lighting, parking lots, bus stops and
2. pulilic conveniences. , . ,
:<*
. '+- -
< -. "=
a

,i+
# .

15. Regulations of slaughter houses and tanneries.". ..I;- .:'.id +.


4 ;:,t+4
-q:
.'t&
(By order of the Governor.) .i .
A M. MUNTRAMAN,
Secretary to Government, Law Department.
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TAMIL NADU GOVE

ACT No. 42 of 1994.


An Acj ftlrther to amend the laws relating to the 1Murzicipal Corporazions and
Wurzicipalitlts ln the State of Tamil Nadu.

BE if, enacted by the Legislative Assembly of the State of Tamil Nadu in


the Forty-fifth Year of the Republic of India as follows :- , .

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

Amcizclrncnt t o t h c Tamil Naclu District 1vInnicip;~lilicsAct, 1920. ri

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

(By order of the Govcruor)


M. MUNTRAMAN.
Secretary to Govmu;nzent, Law Department.
('AGroup) 1.V (2) EX.( 3 3 3 3 - 4
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M M l L NADU GOVERNMENT GAZETTE EXTIKrIOlL)31NARY 343


- -
- -- -- -
- -

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:-

I ACT No. 52 OF 1994.


I
A s Act jurther to omend d e Tamil Nadu Di.vtriet ~unicipa11.te.vAct, 1920.

RE it enacted by the Legislative Assembly of the State of Tamil Nadu I n 11 e


Forty-fifth Year of the Republic of India as fo1low~:- 3
&$
1. (1) This Act may be called the Tamil ~ a d u ~ ~ i s t r Municipalities
ict (Second Short title
Amendment and Validation) Act, 1994. and commence-
ment.
(2) It shall be dern;ed to have come into force on the 9th day of December
1992.

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.

(By order of the Governor .)

M. MUNIRAMAhr
Secretary to Government, Law Dzpar tment.
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-- ---- -- TAMIL NADU G ~ V E R N M EGI~ZETTE


~ EX?~AO'RDTNARY- . .
- -- - - - - -.- - -
-. -- - -- -
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 26th November 1994 and is hereby published for general
information :-

ACT No. 53 OF 1994.


d

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. -,

(2) I t shall come into force at once.

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
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PART VI,

CORPORATION ACT, 1994,


nendmeut of
:tion 10.

(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.

tndmeni of 8. In section 10 of the S a l ~ m City Municipal Corporation Act, 1994,- Tam11Nadu A C ~


on IC.g (1) in sub-section (2), fc:. tl;e expressisn " \ \ i r i ~ i i 3~ period of six tnontlls z9 lg94.
froln the date of th- con^ ienccment of the ;'an,il P<adu M~~nicipalCorporation
.Lsws (Amendment and Special Prov~sion)Act. IS94 ", the expressioil " on or before
the 31st day of December 1995 " s1iz;l I;e sub\tituted ;
(3) in sub-section (5), for the worts '011!y fcr six months from the date of the
commencemc;lt of this Act", the ex.pression "up to the 31st day ot December
1995" sha!l be substituted.

(By order of the Governor.)

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

MADRAS, TUESDAY, DECEMBER 19


MARGAZHI 4, YUVA, TIIIRUVALLUVA TI A/Zi\*
--
__I

* - - - -#a
- -- --

Part IV-Section 2
7 . 3 .
. .. . , . !.' .-
r i . , I 6
, .,
>

published for gen era1 informstion:-


ACT No. 34 OF 1995.
.'*:# i , .L, . :$ ; ,

Ali Act further t o amcnd l a d relating to Muilicip,?litiesand 7dt1nicipal


in the St2tc of Trl.nzil Ni1.d~.
Corpo~;~tio~z\
i t cn::ctcd k y tllc T::gicl::ti\/c A ~ s c m b l yo f !Ilc St:!tc o f T;lrr.il Nndu in the
1317

Forly-<,~xth Year of the Rcpublic of India as f~~llows :-

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_

Amendment ot 3. 111 soction 3-1 of the 1920 Act-


scctio~l3-1.
(1) after sub-sc-tion (2), the following sub-sections shall b: inserted, namely :-
(2-A) Seats shall bs reserved for the pzrsons belonging to the Bsckward
classes of citizens in every town panchayat and the numb:r of selts so reserved,
shall b:, as nearly as may b:, fifty per cznt of the total rllmbsr of seats in the town
vnnrhnvat.

. . (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.

01)The ofhas of tho Chair-persons of tho town pan&aya.ts &a.ll bo rosarvod


for wollrao bdoaging to tllo Backward Claws of citizclw from among tho oficus
d the persons belonging to tbe Baokward Classas of citizw which &dl
r e ~ ~ v efor
acr be less tbao one Phi& of the total number of o0iw ramvd for tho pamas

+B
blcngipg to tha &ward Chsos of 6 t h ~ ~ ;' '

(4) in sub-s .ion (3)-

(a) for t4o aprmsiou "(including tho aw&r of 0 5 ~ srosavw~far


wcslen belonging to the S~heduledCastes and tho Saheduled Tribes,)", the cxpressiou
"(including tho sujnbwr of oficec reserved for women belonging to tho Scbdulod
C :(:~es, tbe Scheduled Tribes a l ~ dthe Backward Classos of citizens)" shall be
sdxtittttd ;

(b) it: tho proviso for tho expression "under this sub-sectios and unden
sub-saction (A)", tlio oxpression ''undel* this section'bshhll be substiluted.

.Amcnclmcnt of 4. In scctioll7 of tho 1920 AGE-


Scction 7.
(1) after sub-soction C6),the following sub-scc!ions shall be insel tad, nrnely :-

,,(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.

(2) in sub-soo'ion (7): for tho ox~rcssion"(ir~clutlirlg tho numbor of seats


rosorved for women belonging to tho Sclledulcd Csstcs snd the Schodulod Tribes)",
the expression u(including the numbor of sa?fs reservoc! for women &longing to

bo subs tit^ ,
d~itli %t
tho S~hedulcd stes. the Scheduled Tribes end tho B:.ckward Classas of citizcnsY7-
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_--TAMIL NABU GOVERNMENT GAZETTE--


a---
EXTRAORDINARY
- -. - - -
121
-
(3) after sub-section (8). the followingsub-section shall be inserted, namely :- ,

"(8-A) (a) Vie offices of tho Chair-persons of the municipelities shall be


rosarvod for the persons belo~igirzgto the Bacl<ward Cl::sses of citizens and the
nurnber of officesso reserved shall bo, as nearly as may bc, fifty par cent of tho total
il~l~nberof ofices of the Chnir.persons of the mur~icip?.litiosin the State.

Ih\ Tho nffi(:es of tip Ch;:ii' i;;sc~:s r f tl~r!tutt*iic;- l l i t i t 3 c ~.!:::li he rtasorved


for wonlo3 bolonging to tho Backwdrd Ciassos of cii1/.0:1\frwm snlong the offices
rcrarvod f o tho
~ porsonc belonging to thc B;!ckrvard CI::rsos of cirizons wl~ichshall
not h~ lnSc t $ a n ?no thiTr! nf the tcl+?1 n ~ ~ r n h nnf
r nfi;rnc !wnl.'ctnrl fnr thn pnrcnnr
balongiag to the Backwerd Classes of citizens." ;

(4) in sub-section (9)-


(a) for the expression "(including tho number of oftices rosorved for women
baloqging to the Sohedulod Castes r.nd tho Scnodulod Tribes)", the cxpressicn "(in-
ciudittg the number of officasreserved f o women
~ belonging to tho Szheduled Castes,
the Scheduled Tribes and th. Backward C l ~ s s eof~citizens)" shdl bo substituted ;

h pwiw, the follcwing prcviso shall be suhstitntd, namely :-


(b) for t
"Provided that the offices of Chair-persons of the municipalities marvod
uadat this seation shall bo allotted by m t i c n to different mu~icinaliljasin such
maratrar as ba pras&~r'lmdS'.

~~ TO THE W M S CRY MUWICFAL


CORPORATION ACT, 1919,
5. In suction 3 of the Madras City Municipal Corporation Act, 1919 (hein- Apl~wnWatd
after in this Part referred to a4 the 1919 Act), after elause (2), the following ckm section 3.
shall bs insertad, namely :-

C"@-A) "Backward Classts of citizens" s h d l have the %ma maaniy as


defined In clause (a) of section 3 of the Tamil Nadu Backward C1~sse3,Scheduled
Castes and Scheduled Tribes (Racmation of seats in Educational Institutions and
sf appointments or poses in the Services d c z r the State) Act, 1993."
, t;
3
6, In section 5 of the 1919 Act,- A M d W t dl*.
4.&cti~h~5itlh.
. 'P
+.I
' 6. L
(1) after sub-section (41, the following sub-sections shall be inserted, namely :-
.I,..

"(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. \
,.I P

I ~ I I I G ; I:J!~ ~ ~ I C ! I !
scr!ji>n 5 .

I
-.i
. ,.,
<
, ,
1
. . ,,,
1
. . I ,,
..
,
.
I
,,.
(...
,.;, ,?.-
,, ,
..
,,;:.; ..- ,,-...- . - + ',- t!i2
(,. ,,I,,l.:
. .,2.,~;?,.;::,.;?L
,8,., , < 4

('i;:. . oi. c ' . A ' : ; ; . , !I! :: : ,:, ., , : ,, i .


L:
, ,
.,,
.,,
,. , : I ., . , :, ,..' I,.. ... . . . ' .i
. ,.,
I,,:>,, 1 ;;< ; , I , 1),:! ;. ;, ., :;, (;,:i4 <,[ , ,;::il II~:,:;!;I: of SG:~.-S .$~) 132 !i!I':!!. bjr <!;I O C ~
tj!ei' 1 ,!I L ; lc:,;[:'ci!.
~
. .

-
,. , , . i . , L i .

.,. ,, ,,d.,.
*, .;.
. ,.
.
,.,,
:"
. T, . .... *

i.
.
'"')... ;. :.*,.: " '. . 4 , ' , ..',.,#.' ';
Amendrn'cnt ot 10. I n soclion 5 of tlia 1981 Act,- .'
section n '

(1)' zitor sub..se;tion (4), the fjllkwiag sub-sec:iork shall be ibsert~d,namely ;-


9 4 4 ) S?ats shc?ll b e rosorved far t l ~ aparsons belonging to l l ~ cBeckw?,i.d
Class~sof citizrtns iq tho c~uncila,qd tiia numbor of saats so rossrvad shi.,ll bn, ?.s
naarly as m7.y b:?,fi[r.y par cant of the total numb3r of so?,ts to b~ fillad by diroct
olectioll in the c:runcil.
(4-B) SPASs1~:llbo rcwrvcd far woman b.lionging to ilia B ~ ~ k w a r cC1i:sr;ns
!
of citizens t:nm ?,mong t h s:ai:s
~ rasarvod for the P.?ICGI?S '031ongir.g to the B?,ckwr.sd
Cl~ssasof cil:iznns wl~ichs;lnll not hi! loss t;iaq oqn-!.bird of tha tot21 numhor of so?,rs
resarved for tho parsons balollgillg to tho B;C~LC':;:C\CIT.SSOS of ~i~izoos.";

&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'.

12. In section 5 of the TiruchirappalliCorporation Act,-


bc inserted, namely :-
(1) after sub-section (4), the following sub-ssctiom ~li?~11
& 4 - ~ ) Scats shall bc reserved $or .the persons b:longing to tho Backward I
Classes of citizens in the council and the number of seats so reserved shall be, as
nearly as may bs, fifty per cent of the total number of seats to be filled by direct --
I
!!
election in the coancil: 1;

(4-B) Seats shall b; reserved for women belonging to the Backward


Classes of citizens from anlong the seats reserved for the persons belonging to the
Backward Classes of citizens which shall not be less than onn-third of the total
ging to the Bzckward Classes of

(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.

AMENDMENTS TO THE TIRUNELVELI CITY M ChTCIPAL C73XPORATION


ACT, 1994.

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 :-

11 have thc <?.me I r:?.ning ns defined


kward Clc~.ssc:s, S hodulecl Castes
11

he Sla.te) Act, 1993 ;


.
Educ.?,io:l:.l Insti? ,,:.z11d of
'

(a?.) <City of Tirunelveli' or 'City' means the loc?! ?-s:: c2 npriscd in


the Tirunelveli Municivzdity ?,nd inc!udes loccl ?.re2 which after tho date of
the con~mencement of this Act, is included in LP,': City b ~ dues
; uot include any
local area which after such date of the comme11c:m:nl is c:xclud~:d from the City;'?
Group) IV-2 Ex. (604)-2
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- 124
--
T j y M I L N 4 D U GC>VEKNMENT 6,AZETTE EXTRAORDINARY
-
- - ----- - -.-- -

Amendment of 14. In sect~on5 of the T~rui~clvcl~


Corporation Act.,-
SeGtIon 5.
(1) after sub-~ection(4), the followi~zgsub-sec~ionsshall b: inserted, nai11e1~:-
"(4-A) Seats sha.11 b > reierved for i h o persons belonging to the ~d.ckward
I
C'Z~sses of citizens in the Cou~lciland the n u m b ~ rof seats so reserved shr?ll be, ass
I l y bs, fifty per o s ~of
~ ' ~ ~asrmz.y ~ tthe total number of seals to b s filled by direct election
I in the Council.

(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.

AMENDMENTS TO THE SALEM CrTY MUNSCLPAL CORPORATION AC?,


1994.

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;".? ,

~meadrnmtof 16. In sectido 5 of tho Sale~nCorporation Act,-


eso6ion 5.
\ - (1) ~ f t e rsubsection (4), the following sub-sections shall be inserted, nc..n~ely--
"(4-A) Seats shall be reserted for the persons belcnging to the Backward
Classes of cik'zens in the Council and the number of seats so reserved shall be, as
, nea~lyas may be, fifty per cent of the total number t f seats to be filled by direct
election ir. tho Council.
(4-B) Suato shall bo rehorvctl tor wonion bclongivg to tho Backward Clrr.ssos
of citizens from ati1011gthe scc~tsrcso~vedtcr the pcrsGns belc agizg to the Backward
Classas of c i t i z ~ ~ lwhich
s shall uot bo loss thnl; ona-third of tho total number of seats
reserved for the persons belonging to the Backward Classesot citizens.";
,
,
\ I
I
(2) il: sub-section (5), for the expression "(including the number of seats
reservod for women belonging to the Scheduled Castes and the Schedu]ed
Tribes)", the expression "(includlng the number of seats reserved for women belonging
to the Scheduled Cn~Las,ths Schod~rledT~ibesand the Backward Classe:. of citizens)"
shall be substituted.

.Is,
w
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1
PART IX.
*it

AMENDMENT TO THE TAMIL NADU MUNICIPAL CORPORATION LAWS


(AMEiNDMENT AND SPECIAL PROVISION) ACT, 1994.
17. In seotion 121 of the T m i l Ndciu Mu~~ioip~rl C L O I L.bl~s (A~neud- A ~ o a n d ~ n t ~ t
wation 121.
. meat arid Spauial Provisiorl) Act, 1991, for the words .'crl~ilL w c ) sk,dllba naservad
for women," the words "two shall bo reserved for women and suioh numbw of
offices of Mayor not oxcaading fifty par cant of tho total nurubor of office of the
Mayor as may be presooibed, shall be reserved for the persons belonging to trae
Baokuard Classes of eitimns " shall be substituted.

Vl. M UPil RAMAN,


S ~' c r d a r yto Oovarnma
Law Departmenr,

-..
-------
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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TAMIL NADU GOVERNMENT GAZETTE EKTiUORDINARY 153


----
The following Act of the Tamil N;!Ju Legisl:~tivc .Assemi~lyrccc:i:-ed the assent of the
Governor on the 30th December 1995 a n d is !icl.chv ! ~ ~ ~ l ~ l i s hfor.
c l l $cn.c~.;~I
infosnintic~n:-

ACT No. 46 OF 1995.

AN Act further to ainerzd tlzc Laws rclntirzg to t l MurzicQ)~l


~ Corpomtio~rsaitd Mrmici-
palities in the Stcitc. oj Tutnil Nudu.
I

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.

AMENDMENT TO THE MADRAS CITY MUNICIPAL CORPORATION


ACT, 1919.
2. In section 414 of the Madras City Municipal Corporation Act, 1919, in sub- Amendment]
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 " shall be substituted. 414.

AMENDMENT TO TJ-IE TAMIL NADU DISI'RJCT MUNICIPABlTIES


ACT, 1920.
3. l n section 375 of the Taniil Nadu District Municipalities Act, 1920, in sub-section Amendment
(2), for the expression " up to the 31 st day of December 1995 ",the expression " up to of section
the 30th day of June 1996 " shall be substituted. 375.

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
'5iTxeiiB ,q:-#
r"-sz~.r?Z . f s z% szF5-z~3x 3L:-5- -2?f'hce
: :!?H a+ d
*-. -
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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38
-
TAMIL NADU GOVERNMENT GAZETTE EXTRA 0 K D I N A IIY -
?
-I

- -- -
-
_A-

1
- - A

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.

AMENDMENTS TO THE TIRUCHIRAPPALLI CITY MUNICIPL.21,


CORPORATION ACT, 1994.

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.

AMENDMENTS TO THE TIRUNELVELl CITY hlUNICIPAL CORPORATION


ACT, 1904.

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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TAMIL NADU GOVERNMENT GAZEITE EXTRAORDINARY 79


--
PART VIII.

AMENDMENTS TO THE SALEM CITY MUNlCIPAL CORPORATION


ACT, 1994.

S. ~n section 10 of the Salem City ~ u n i c i p a l~ o r ~ d r a t i o~nc t 1994-


, Amendme
of section 1
(1) in sub-section (2), for the expression "on or before the 30th day of
June 1996", the expression "on or before the 31st day of December 1996" shall be
substituted
(2) in db-section (9,for the expression "upto the 30th day of June 1996
and no longer", the expression "upto the 3'1s: day of December 1996 or for such
shorter period as the Government may, by notification, specify in this behalf'"
shall be subst~tr~ted.

(By order of the Governor)

- - . >: ."
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

A I A-t ,'I!,.if13;' i ) 3 M,I I tIz? I.ZWS r e l a f i t to and


~ t122 ~n,rrticip~lities J
nz nric;p.il co.2o'at,o,ls in the State of T~rrnilNcrdu. Lu

BE it e lasted by ::ie Legislative A:ise~nblyof t i e State of T a d 1 Nadu in the I


Fortj-s:r'c ~t Ycnr of t le Rel>u')lic of India as fol1orvs:-

PRELIMINARY.
.'= '* -.-.=a3 -: 2 :-a ts- cs? 1 - 1 21

.
.? ^ I i

1 (:) T i s Act may bs ca1l:l the Tanil N t l u M Uljclpal (Thiril


L3~4 Short title; @ -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

(I) I I ;.lb.;:s:i>n (3), the p: ~ v i s ,to~ clause


-<-
(a) shall be omitted;
(4, ti1 3 , follawing s?~b.seolianshall ;be substl-:A
n l "

(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.". ..

! I : i: : t i , 1 ' 2 or t :,: : Y O i'i :t, i.1su'>.se:tii) 1(3), fort::^ 2 ~ ~.ssio:l


. . "other
i ',:I
. I t :.: .2 L , L ~.:111 :", t I : 5;; 1:-:;3i3
,. ,. .. ' . . ,. ; i t . : : :ri: 1 "ot'~.ert.12 1 t 1.: :?:rssI 1s r:ferr.s 1 to i:l sub-sec-
I I "s la11 5s 5u'~stitute-l.
7
: ; ,:

.;:, 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,

, ;,i ) , I , '1,) I ) ;.,II oI'I. ,;).~;;,llne.tt,co.~sti?ut~


.;!,LI ; (; $uc I. 111~:n1)3r
. of Ski :::i.12
..
, : , O! .;.: ;.;.; . I ;,,. t ,rr:,: f; .r t'le pur,l2.;:: or n;{cr:1sf 16 suc'i vOW:rs, ' is-
.,;!..
,

. I!,.: :, ',; .joi-rJ:,ni ,u=': fu 1ctio:;s as ;: Inair


8

j ,r I : , {!clqate to t ,c. :; ,;!r


, ,)-j;,!)!l,l ;;;,]!.dj,! !::,, f l ; i J j ,;s 0: ;;)mmit.tc:>;. :o (::>f] ii:~: i , l ? O : t n d rcp ::' , i
, , .
I , ,, 1 1 t !ti 'if, , , / . I , I ~ ~ L !i 111.y I icr LO 111~:ln '
" ' 3 ji
i', r , v j ( l . :1:11 ~!o!llilr;: C ~ ~ ~ i ! ; ! i lin
i ~ this
~i sub-sect ion shell npply to the' Taxs-
. i ,., .i:-,:,
, : I , ~ n l ! l ~ ; ; i . ; .rcCcrrc:l
: 10 in section 23-A.
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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

Amendment 8. In section 31-B of the 1920 Act, in sub-section


Msectlbnj the expression "as councilior", tke expression "as ctai a n or councillor"
3-B. shall be substituted. )&
Amendment of' 9. In Schedule X ofthe 1920 Act, after item 15 and tl,e entries relating
Sobcdule X. thereto, the following items and entries shall be added, namely:-
"16. Urban Planning including Town Planning.
17. Regulation of land use and construction of ,buildings. :
18. Fire Fervices.".

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. ";

(c) clause (d) sf-all be omitted.


:-
(2) after sub-section (2), the following sub-section shall be inserted, ~>iimI:
"(2-A) T1.e persons referred to in sub-section (2) shall be el.titled to hke
part in the proceedings but shall rot have tf e right to vote in tl e meetihgs of r e
council.".
r
12. For section 5-A of thz 1919 Act, the following section s!.all be substituted, Subst
r Q snaanely :-
i;
L " 3 ~ . Con~titution of
c o n s ~ ~ ~ u tby
Words Committees.-(I) Tl ere s! all be
e d t!.e State Ciovernme~t, by notification, such umber of wards
L
committees comprising territorial area of such number of warc's as may be
specified in the notification wit1 in t1.e territorial area of the corporation.
I
(2) Each wards committee sf-all consist of-
c '"! (a) all tile coq~cillorsof tl-.e corporation represe~ting t;.e narc's wit!?in
i h-
the territorial area of tt.e warc's coxrmittee; and

- -
(ST-- >
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ZETTE EXTTRk0RDINAI:Y 10:


Ire
--
(b) the person, if any noininated by t'le State Governmeilt under clause (3)
of sub-section(2) of section 5, if his name is registered as a voter within the territorla]
area of the warc's committee.
(3) The State Gover~mteatmay, after consultation with the corporation
from time to time, by notificatio.1, alter t:~ename, increase or diminish ttkearea of
any wards committee specified in the notification issued unc'er sub-'sction (I) ".
13. For sectioli 6-A of t:;c i919 Act, the follo~iilgse:tio 1 ,'la11 be su5stituteci, Substibution (

namely :- scclrlon 6-f

"6 -A. Co vstitution of standing Cornrnittees.-(I ) There shall be cons-


tituted by t3e State Governnieilt, by notification, such number sf Standing
Committees not exceeding three as may be speafied in the notification for tke
purpose of exercising such powers, discharging such duties or performing such
functions as the Council may delegate to them.
(2) The coinposition of Standing Committees and the method:of appoint.
ment of Chxirman aqd t'le term of oBce of members arld Chairman of Standing
Com~llitteesshall be such as may be prescribed.".
14. In tlie 1919 Act, sectio~s6-B, 6-C,6-D, 6-E and 6-Fshall beomitkd. Omission lot
~6Cti6ns6-B
6-4,6-D,
4-E and 6-F
15. For section 6-5of the 1319 Act, the following sectio<shall be substituted,
sectlor 6-C;. namely :-

"6-G. Election and term of office of of wards conrmittee.-

(I ) The Chairman of the Wards Committee shall be elwted by the councillors


of the Wards Committee from among themselves after each ordinary election to tfie
council in such manner as m y be prescribed.

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

( I ) for sub-section (I), the folbwing sub-section shall be substituted,C~namely:-


"(I) Subject to the provisions of tlds Act and the rules made thereunder, the Council
may delegate such powers a:ld duties as it deems fit to a Wards Committee.";
(2) su.3-sections (:);and (3);sliall be omitted.

"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- -
.
-
?
a -uprrrn.w-zmri.r
\:'
2..
> [ ' < ? \z I <\
- -
rn

,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.

18. Fire service^.^.

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;

(b) clause (45) sbc.ll be nmitled.


27. it; sc::tio.? o f t ie . 9 '! Act,-
(! ) i i sub-sectio.1 (' ),-
(a) the p r a v i s ~to clacse (a) ~!:all be c-nitted ;
(5) f a clrqi9- /.) i ;:luf:i 12the p r ~ v i s ot.,cret~,t:.e follo . ~ i # clanse
lj si.all .
suSstitutc.!, ..c~iilcl;:-
"(c) all t !e nz :15?rS af t !e Ta nil Na-1 I ; Legisl~tive4sselylbly r e ~ r e s e l ? t i I ~ g ~
50 17titue 13;11ssv iic'l co xprise wi~ollyor ,~artlyt' c ares o f t :c C O T P O C R ~ ~1.";
O
(r.) claure (, ) ;'.all be omittcil.

(2) after su.3-secti:, 1 (..), t'le follo v i ! sub.se.:ti~n


~~ s'-all be i -s:rt:: ',:;iamely ,:
"(2-!:) T3eacrso:sreferre.l t o i :sub s e c t i ~(~2i) s':allbee1titl6;l to t ~ k e p a r iil$t :
-
t';e i3rocee. i,,gs but shall r,ot Lave the 1-ig' t to vare in t'?e mezti.lgs of t1:e
couxil ".
28. For sxtio I 5 - 4 of t ,e .97 1 Act, t i e fall3 vil?g' se:tio 1 s ' sll 52 '~uSstit~te.1
nalneljr :--
" f -A. Co,~stitiltio/z 01 W a d s Co,l?mitt es. --(a ) !'here s',all
be constitute : by the Gmer ime.t, by >otifi~:ati~n, ~ a s ' l , I -15br of S,VI~-,I s
co n,:littcos co 11x-isi'ig ttccritarial are1 ,)f suzh ,,:I i ' ) ~ <ti' ~ ,. ~1.2s as :.la? C'S
~ ? e ~ i f i ~i 1, ;t h 3 . <)ti5 n f i n withi t .e t e l - ~ i t n r i qTrsn
1 I l f rfl cv-mr?fio 3 .
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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

merit of 32. In section lQ-C of the 1971 Act,-


(a) for sub-section ( I ) , 1 he following sub-~CCI i( r ~l,r".llbe ~ubslilurrd.r.;.mely:-
"(I) Subj~ctto 1 he provi\ions c ~ 1fhi: Acl ;r d 'IIC rules ~rrdt.fI;ctccr,der,
the coullcilmaydeleg~tesuchpc~wel~~lid d~fies7.si t dwms fi toa WaidsCommittm~'r
(b) subsec'iono (2) a id (3) ch::ll b? olnitt1.d.

nt of 33. In seation 33 of the 1971 Act, in sub-sect~on(I), for thb expru8sion


"clauses (b). (c) and (d) ",the expressi~n."slauses
,.. (h) and (c) " 3hall ba substituted.

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

auses (b), (c) o (, )", the expression "clmsc (b) or (0)''

of the 1971 Act, in s ib se . ion ('I, for the expression


lor", t I : ewnr:r4o 1' elec lo 1 of Mayor or t 30 .pcil!Or"

.
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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106 TAMIL NADU GOVERNMENT GAZETTE.-EXTRAC'RDIIqARY
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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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TAMIL NkDU GOVERNMENT GAZETTE EXTRAORDINARY A@


-
"(1) There shall be constituted by the Government, by notific?.tion, such
number of Stahding Committees not excecdi~.gthlee as may be specifitrf i n
the notificetion for the purpose of exercisii,g s ~ c hpowers, djsctclglrg : L . C I ~
duties or pertorming such functions asthe c ~ u ~ cmayi l delegate to them.
(1-A) The composition of St ending Commiltees and the method of
appointment of Chairman and the term of office of members and Chairman of
Standing Committees shall be scch as_ may be prescribed.''.
4. <

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.

vacancy in t c office of tlle Chairman of the ,Waras CbG-


up in suc mannbr is dj? $ p@sm'lBixl and
Chairman elcqcd in any .such cash1 va~ancyshall 6dd off& o ly so 10%
as the person in uhose place he is elected wodld have been "cntitwto h6jd
h
office, if the vacancy ha+ not oqiirred. ".
47. lu sect ion 10-C of the 1981 Act,-
I

(;I) for sub-section (11, the following sub-sectioh ilia0 be substitute&,'


namely:-
( S:.!,jxt to the ],revisions of lhls Act and the rules, &de there
under, the Cor.r,cil may delegate suchpowers andduties ?sit derms fit to a W;irds
:
&lniuiit~~.:>
~
I

(b) \;I'J-\,CCI ; < , I ~(2)


s and f 3) shall be omitted.
.I:. 11: ,tti.l isn 34 of tlic 1981 Act, iri sub-section (I), for the expression
d (d)", the expression "clauses (b) and (c)" .,shall be
b .

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:-

to D1visiow.-Jn this Act, wherever the r-xpres-


^'j1 - A . Corarr liction of r~ferewes
<ion "Divi\ion.' or "Divisionsw occur lt shall be deemed to refertc the "Ward" or
"\vards" i . ~ \ i X:!ixly.".
51. I n seotion 59 of the 1981 ~ c t , i nsub-section (I),in the openingportioo,
for t hr: ex7ve'sion clause.^ (b), (4 (dp", the expression "clause (b) or (c)"
shall be 5 ~ :,t~
) ~uted.

2-A df t he 19Q.Akt. in sub-section (I 1, fm t th - ~ x & s s % ~


cillor", the exp~issioh6'election of Mayor or a Councillor''
f,lr
~ittie1hl~dt;itisa'$-seciioa(l),E~cl~vscta),fortheexpres-
I "

.
,tht: expression "as Mayor cr a Councillr~r" shall be substi-
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108
-,.
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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 ".
. ,
.

('

' PART Vfl.


Ah@NQMBMTS TO THE TIRUCHIRAPPALLI CIITY 'MUNICIPAL' CORPORATIOh
. AOT, 1994.

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-

((I) the proviso to clause (a) shall be omifled;


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TAMIL NADU GOVERXMENT GAZETTE EXTRAORDINARY
--- - -- ---- -- -
---- --
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-- 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 \ )

" ( 2 A) I'll(: I)crsc,nc r cfcrrcd to in ul!l>-\,ction(2) shall bc cntitlcd to taka


~ I I 1 I1 ) I 11,. 1" I ) ' I 1 slr 111 not h;~vc111crij~t~t
,111rj:'. 1,1tr t o V O ~ Ci n I hc m~xlingsof the
,4lkl l l < 1 1 ".
(Its <,rdcrof the Governor.)

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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MADRAS, SATURDAY, AUGUST 31, 1996


AAVANI 16, THADHU, TH 1RUVALLUVAR AANDU-2027

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 :-

ACT No. 26 OF 1996.

,jet t ~ tthe< t o an.lent! the l a w . ;elating tc the Mh11icipal;ties and Municips i


Col-pol ntic ns ir, tbc Stnte of Caniil N a d l ~ .

BE ~t L'II,;c~c(I bv t lie L e g ~ s l~~Vt C ~ s s e n ~ of


~ l the
v Stafe of l a m i l Nadu in the
r;,,-t>-C L C I [I1 Y c : ~~f tbc Re:wtlic cf Jndi? as fc;llo(vs :-
PART 1.
PRELIMINARY.

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.

.\.\I C X D AIENTS TO THE T4MTL NADU DTSTRTCT MUNIGIP ALITIES


AaT, 1920.
2 . 111 ~ ci o ni 43-C o f I llc TamilNadu District Municipalili~sAct, 1920 (hcrcin. Amend ment
attei t 111, par' referred to as t he 1920 Act), in the proviso to sub-section (2), for
111 of section43.
t lie ex!~scs\ion" shall not exceeci, one hundred rupecs ", the expression " shalll
not excecti three t houssnd rupees " shall be substituted.
3. TII section 303 of the 1920 Act, in subsection (2), cl?.~l.se(b) inclcdir-,g the Amendment
pr ovico shall be omitted. of section 303

IV 2 Ex, (443)-1 ( 145 )


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TAMIL NADU GOVERNMENT GAZE'STE EXTRAORDIN

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.

(By order of the Governor)

A. K . RAJAN,
Secretary to Government, Law Department.

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PRINTED AXU PCBLISHED BY THE COhlMISSIONER


-
OF STAT'IONZRY A ~ D;
A--
- _- ---
\ I ,I,,? ,A,
E H A L ' O F THE G O V E R N M ~ ~ N O
T F T.'\hlIL NADU.
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-
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 :-

I ACT No. 2 OF 1997.

! .- 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,

I (By order of the Governor,)


A, K, RAJAN,
Secretary to Government, Law Department.
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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.

(c) Section? 4 , 7 , P, l I, 13, to 20, 23,25,27 to 31, 34, 36 and 38 to 42 shall


be deemed to have come into force on the 27tb day of December 1996.
t'.
PART 11.
AMENDMENTS TO THE TAMIL NADW DISTRICT MUNICIPALITIES ACT,
1920.

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",

the expression "electcd as a ceuncillor of" shall bc substituted


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12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY C


C

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

16. Section 79 of the 1919 Act, shall be omi'tted. 5 Omission of


,
, , . , < . ,. , 11 1 .=tion 79.
17. In section 80 of the 1919 Act, for sub9ection (2), the following sub-section Amendment
shall be substituted, namely:- of.Sqql, . .
mil Nad u Qn
YV.
. I

~ 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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t4 TAM% NADU GOVE3RNMENI GAZETTE EXTRAORDINARY -,

-- __C_
- -------- ---- .- - _ - - A

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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TA MTL NADV GOVERNMENT WZETZrE EXTRAORDINARY I6


-- -. 3- - --
I

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.

AMENDMENTS TO THE COlMBATORE ClTY M UNlCIPAL CORPORATLO1.i


ACT, 1981.

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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I TAMIL NADU GOVERNMENT GAZETTE PXTRBORDINARY 17


- - A --- -- -- --- -- - - -

AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION


ACT, 1994.

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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--TAMlL NADU GOITERNIvfENTGAZETTE EXTRAORDINARY


- - _ _ __ _ -
3C9
Tht follc wing Act of the 71tl:lll Nadu Legislative Assembly received the assent
of the Govern01 on the 1st Ncvc urber 1997 and is hereby published for general
a information :-
f

-4CT No. 57 OF 1997-

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.

( j u clause (I) of s e ~ t i o !2 ~al;d sbb-scdtions (1) a d (2)


('; ( L * ) 5.,:)-!:li~~l:ri3
of >=;tion 4 sh::ll be deernei t, have come into forcc uci tl,e 19th day of June 1997.

( I ) : Sub-c!,~use( b ) of slause (1) 05 section 3 sl all be deemed to h ~ v e


come
i!ito t<):.ic Gtn tlic 4th (Icy ,)f Augtist 1997.
1
(c) Clduse (2) of secion 2 shall be deenlcd to ha\e come into force on the
131i1 day 01 August 1997.
(11) Sub-se.:tions (3) i ~ (4)
d of szctioil 4 shall be deemed lo have come
illto force on tllc 30th d : ~c.i September 1997-

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: -

'. ( 2 ) The Specia: Officeis appointed \:ndeq sub-section (1) in respect of


CoLlrt:lll:lm , L I I ~Ghlvitnisag;~. MLnicipalities a-ld holding office as such immediately
betoii: ti,-. 13!h ci,ty of Aug is! 1997, shall be deemed to hnve been appointed as
Special Otticer., ril1Jcr sub-ser tion (1) with f.ffect o n an f c\m tlir 13th day of August
1997 i n rcFpcct cf Courtallam and Bhavanlsagar town panchayats :'-r,d such Special
Officcrq s h ~ l continue
l to hol l office upto the 31 st d ~ of
y December 1997 or. for such
c ; .I O L ~ tile State Governnler1t may, by ?;otihcatiori, specify i n +':$ behalf.".
, \ ~ ~ i . ~PC:

; ~ ally action taken by the Spezinl Officers deemed to have Validation


I I ~ ~ or
\ I ~ ; I ~ tlollc of
1 ; , , I $1 IL'I. sub-z;:t~on (2) of sectio~i375 of ,: p~incipnl Act. :s a ~ ~ i c n d e d things done or
1:

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 -
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$&I and 4 ( , , I , 1 1 1 i t c s( S oI I I ! I : I'amil WaJu


A vi wg. 1997,1s nereby r ~ p e ~ l a d .

(2) Notwithstanding the repeal d e r sub-sectioil (11, anything done or any


action taken under the principal Act, %.amended by the said Ordinance, with effect
on and from the 19th day ot June 1997, shall be deemed t o have been done or taken
.under the principal Act, as amended bq this Act*

(3) The Tamil Nadu District Maaaidgaljties (Third Ammdment) Ordinance, Tam11 xddp
6997, is hereby repealed.

(4) Notwithstanding the repeak un&r sub-section (3), anything done or


action taken under the principal Act, as w n d e d by the said Ordinance, with
'=Y
ef a t on and from the 30th day of September 1997, shall be deemed to have been
done or taken under the principal Act, as amended by this Act.

(By order of the Governor.)

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
-.

(3) Tn the case of reassessment or general revision of any property t<\xlevi:ibIe,


under this Act, thc owner or occupier of any building or land shall furili\h t o the
Commissioner within such ti~neas m3p be prescribed, a rzturn in such r :-, ; ci. 11.
--r I

taininy such details as may be prescribed for the assessment of property t . ~S L I C ~ T


building or land.
(4) If any ,.rner or ccc1:rier of any building or lan{I fzils to f r r i i i < ' i .; return
as required under sub-sectimt (2) or sub-section (3) c r firlnishes an inccri7l7let~(11
illcorrect lecurn, the Commissioner o r any person authorited by him in t1:iq behalf', i
shall cause an inspection to be mrde and also to m;,I e such lc cal cnqkllriesas
may be considered necessary, :?,lid based cn such i sptcticn ant1 i ~ i nnation f ~
collected, shcll prepare a ret~rn and z ccpy cf the ret~rrnshrll bc firr~~i\llcd to the
owner or occupicr of tllc b~lildint:c,r land.
(5) On receipt of a return under sub-secticn (2) :r sub-secticn (3) o r 012
the basis of the return prep:i,rcJ by the Coinmissicncr under sub-secticn (4) and
after consideri~tgthe objecticns, if any, received, the Cc lr missic ner sh: ll determine
the tax paydble in uccord;ulce witit tile proiisicns c\f 1111, Act and ~ i ~ s ~a dl l nn
intimation to that effect to the pcrson concerned.
(6) For the purpose of assessment of property tax f ~ 2ny
r building or land
in the 'City, the Commissioner c r any officer authorised by him in this behalf may
enter, inspect, survey and measure any building cir land, zfter giving due notice
to the owner or occupier before such inspection and the c wner cr ccc~ipiershall be
bmnd to furnish necessary information required for this putpose.
(7) The property tax on building and land shzll, subject to the prior payment
of the land revenue, if any, due to the State Government therecn, be a first charge
upon the said bvllding or land and upcn the movable property if any fc.\*ndwithin.
or upon such building or land and belonging to the perscn liable to pay tax.. j. .
100. Minimum and maximlrin baasic property tax, cldditional badsic projwrtj
tax, etc.-The State Government shall prescribe the minimtam and the maxinlunr:
rates of-
(a) basic property tax for fhe building or land having regard to-

(i) the:existing prc.2erty tax ;


(ii) the value of the building and land ; and
(iii) the use of the building ; ..
. .
(h) additional basic'property ttk for every bvilding hzving regard to--
(i) thelocation of the .building ;
(ii) the type of construction of the building ';
(6) the concession with regard to age of the building

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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'TAMLL NADU GOVERNMENT'
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GAZETTE EXTRAORDINARY
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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) ;

(C) rscds rend streets in piii,l,:rily rcr;de:lii-,I ~ c ~ l ~ n i c s .


(c) b ,;;,!; 12tdi..l! L.: ~ l ; ~ ~ s i f iillt~j
c F I;,,:
The type cf coil trt..c~i.~:l c + J different
:~C:.P- ~LJJLWS,nariiely -

~
1
(A) thatched ant! tiled r w f ' ;
f B) reinforced cc ncrcte, ce~nentrci f ;
, ,
I

(C) reinforced co ilcrute cement rcof with ~ n c s ~flcoril~g


ic partly cjr fully, ;
I
(D) granite, cereinic tiles z ~ t dmarbic 2 c c ring and walls p ~ r t l yor fully.
(i;i) A concession o 1 the I?.sic prjpeltj '.::c ;!~c!l bu :.llcwed in c.lculating
!he p I , pc. ty L:1x having reg1.r 1 I?thc 7-gc c f Elr: b.>i!d ngl i;l slich mclliler cs may be
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.

I 13) 'T'l~c?rc perly tax shall b s c:.:c1~!.~tcd c.; C- ;l;\vs

ii;) Firstly, tile 5..s;c pr::>ci.ty tax f;s 2 LiliiLiil:


:-

shell be c?.lcinisl.ted at the


A-c:ielirec' by the csu ncil ;

(4) Sccon lly, the ~.ci(litic;nnl


b.:sis px,p<;s~yt : f,:- ~lc l b:.ilding
~ shall be
*.~lcill,:lcil: 1 tlic rate fixcr! by the Ccu;ls,i '#:l(i ~ . ~ i c i cio
l t l : ~b.isic pro-
perty tax so arrived at uilder elavse (a) ;
(c) Thirdly, on the q~anturn of amoun! 2sii )rcCi at cnc!~r C:L~U:.CS (a) and (b),
the conc~ssionhaving regad t o the age of the building at th:: rate fixed by the
couccil sllzll bo dsducted and th2 amount so a:rived at shdl bbe the propertytax
payablc in rcspact of any builcqingfor every half-year and shnll bc paid by the cwlier
or occirpier of such builr'ing tiithrn the half year period.

:* , ~ 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:

I-"rc\vid.d that in the case of any Governnlcnt or railway building a concessio~l


il.111 I,,: ails.\s:d it) calculating llze property tax in sucIi manna as may be Prescrlbea.
(3) C~~n~nissioner :,hall issue a property tax book containing aII the
J:rnils of 1.13 b.rilding or land and the property tax payable in relation to such
!>llildiiz: or laad In such form as may be prescribed. i
(4) Where there is any vacant land without an] building situatdd within the
Lity limit, the Coinmissioner shall determine thc prop( rty tax payable for such I
I
arncnnllalltl at the rate fixed 1,y the Council.

. q -
I 3
-d 3 -

3 3 ) ---2
. i
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103. General revision o f ttroper:y tux.-.TI-o general revision of the a%sessmcnt


oi property tax in rclation to the building and land situated within the City limit
shall be made from such date as the State Gownment may, by notification,
the Commissioner may revise the property tax in accordance with the provision%
of this Act and the rules made thereunder :
Provided that t k r e shall be an interval of five years between one general revisioa
and anothe~ general revision.
104. ~elzeralexemptions.-Tho following buildings and lands shalt be ewm*
from the property tax:
(a) places set apart fcr public worshiptand either actually so used or useif
for no othcr purpose ;
(b) choultries for the occupation of which no rent is charged and choult~ks
the rent charged for the occupation of which is used exclusively for charitabb
purpom ;
(c) buildings used for c ducational' purpose including hostels attached
t M t 6 and place6 used for the chatitable purpose of sheltering .the destitute 0~
animals and orphanages, homes and schools for the deaf and dumb, asyhm
fa) die a@&and fallea womeh and suCh similar institutions run pUr6Iy on p h i W
thropic lines as are approvcd by the council ;.
a ($2) such ancibht mofiumehts protehed undbr the Aficient W~qumentgCentral
~&ivation[ h t , 1904 atid such allciedt hid. bistdri~al monumeht3 decked; b ' ib WIl at lm
under the Ancient Monuments and Archatological Sites and Remains Adt: 4!J8 Ce-4 A*?'
fG be of national importance and also such ancient monuments , and srrehaeob@m~ 21 d t 9 ~ ~ .
sites and n.mains protected under the Tamil Nadu Ancient and Histor~ca)
MofidmdntJ and A ~ c h a ~ l o ~ cSitn
a l and. .Rkjrnsi*s Act, 1966, w parts (Rereof
as are not used as residgntial quarters or puBlia office ;
2:; %
:.
(e) charitable hospitals and dispensaries but not including lesidential
quarters attached thereto ;
( j ) such hospitals and dispensarieS najntaired by rcilwey administtktba
as may, from time to time, be notified by the State Government, but not including
residential quarters attached thereto ;
(g) bulial and burning grounds iaolbdedjn the list yubtishcd by the Com.rr~i.s-
siorier unifer sub-section (3) of scction 321 ;
(h) the bed of the Cooum, the bed of the Adyar, the Buckingham canal.
Odvernmebt lands set apatt free for recreation purposes and all such 0 t h
Government property being ncither buildings nor land trom which in the opinmr
of the State Government any income wuld be derived as may, from timc to timc,
be notified by the State Government :
P r o v i d ~that the Government does not derive any income f -om such beds :
Provided further that nothing contained in clauses (a), (c) and le) shall ,be
deemed to exempt any building or land from property tax fcr which rent o r service
charge is payable by tho person using the same for th.: purposes referrecl to in
the said clauses.
105. Power to rectify error apparent on the face o f the r'ec:ord-- (1) The
Commissioner may, on his own motion or on an application made at any time
withi.1 six months from the d~te of any order passed by him rectify any error
apparent on the face of the rzcord:
Prox~idedthat no such rectification which has the effect of enhancing an assess-
ment, shall be made unkrs such authority has given notiw to tke assesseu. and has .
allowed him a ~easonabk o~poitunityof being heard.
(2) Where such mtification has the effect of r~jduc~ag an assessinent, tile
-excess amount if any paid by the assessee shall be adjusted towards any tax.
that may accrue in future.
106. Levy of 8w.- (1) W!~?rea gsrsoh feih to ptwthc pPoprtY tax witbin.
the time specified, the Comrmssioner shat i M p o a ~ upon him, by way of. fine 9
sunq a fixed by the council in this behalf in accordslna: mith such rules as may
be prescribed.
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TAMIL NADU GOVERNMENT GAZETTE E X ~ R A ~ R D T P J A R Y
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333;
4

(2) On vcriiicatioil of the return filed by the owner or occupier of the


building or land ; . he issue ,f the property tsx bsok. the Commissicner may,
if he is satisfied t I + , he owner c r ~ccupicr wilfully filed false return, the
Commissioner m2.y cause rezssessme~t of srch prcpcrty and direct the own+
or occupier to ply. in addition to the tax assessed, by way of fine, a Pltm which.
shal be one hundred percent c f the difference in the tax due :
P ~ v i d e dthat no fine under this su b-secticn shall be imposed unless the b
-
o r occupier affected has had a reasoirable opportunity ci' showing cause a#&
such impositicn. 1i
1
107. Ta.uatiorz Appeal? 7riblmal.-(I) There shall be one or mo* Tajca&&
Appeals Tribunals (hereafter In this section referred to as "the Tribunal") fbr tli\t
wrp~rationfor hearing and disposing of an appeal preferred by any person aha
is not satisfied with the assessment order m.?.de by the Commissioner vnder this
Act other than the ord1:rs relz.ting to the transfer duty.
(2) The Tribunal shall consist of a Judicial Officer who is or gas beea a:
Civil Jvdge (Se13iorDivision/Clrief Judicial Magistrate).
(31 The terms and co~zditlon.of the Trib~lnalshall he such as may be deter-
n~incdby the Governmel?t.
(4) The salary and other all~wancespayable to the Tribunal shall be borne
froin the funds of the corporztion.

( 5 ) No nppeal shall be entertained by the Tribural unkss the appellant


dep~sitswith the corporetion the entire ?mount a s a s s e s ~ dby the Cornmissionw
in the revision.
(6) ii) Every appeel filed under this sectior. shall be entered in a n g i s t e
mintained for this pu p o s e by the Tribunal.
(ii; The Trib:~nal shall give to person filing an appeal a written n o w
specifyillg tile place, date and tima of hearing the appeal. r g:3L .,

(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 *

be suppliccl hithin ten d ~ t from


s the date of passing of the order to the appellant.
(vi) T l ~ c cuccqs an~sulit,:f tnx is available in viev; of the orders of the
T~,bu oul w ~ l l0 3 udjus[ccl by tkc Com~~~issioncrfor the property tax to be collected
in future.
(7) AII :rppz ~1 agli.~stthe c ecisibn of the Taxztion Appeals Tribunal may
be filed within lllirty days from t l ~ cdate cf the order to the Di'strict J~dge.
(8) No allpeal shall be entertained by the District Judge unless the appellant
dep2sits with th:: c :rp31ation the entire amount cjf tax zs decided by the Tribunal. I

(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-

(1. 111 I V to the 19 9 k t , Parts 1-A and V sl~allbe ornittad*


Scl~~:tlulc ! A~endmentof
S&eduto IV.
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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

j r on b~ilding2nd lend shr.11, s.: ;eel :s tho pri. r p;ynlolt


'of the land reven7;a, if any, due t~ the State Go~ernrne~li llercon, be 2 first. cllarge
upon the slid b~ildingor l ~ n d:l.~~cl up311 the m-:vable pi., )eri:r if ::ny fg: ,;nd withill
o r upon such b:~ildingor r.1-d bcloilging to the l>cia:: li:.blc 10 p :)I t;,s.
; . I .-
L- r

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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


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I

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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? ;

(c) the concession wit11 regard to age of the b ~ i l ing,


d
53. Determimlon of bvsic y~operly tax, additional basic pro erty tax, 'etca
by . ~ u r ~ i c p acoztncil.-(1)
l f'
The basic property tax, the additions basic property
tax and the concession, if awj, with regard to the agc., for every building or land
shall be determined by the m ~ n i ~ i p a l e ~ usubject
n ~ i l to the minimum and mvximum
t a m prescribed by the State Government under section $2.
(2) The Municipal council sltall notify the rates determined under scrb-
iectloti (I) and such other particulars 2nd in such rnanner as may be grescribed.
(3) (i) (a) The basic property tax for every building shall relate to the carpet
area of the buildi,lg and its usage :
r
1-1 .,Provided that the carpet areaof any building shallnot inclrde the open verandah,
open court-yard c ~ rany other open space which is not enclosd.
, (b) The c:lassification of the building for the purpose of deciding the tisage
nf any bGildin:: shall be residential, commercial, industrial or any other classification
as may be prescribed. '
(ii) (a) The additional basic property tax for every bvilding shalljrelate to
location and type of construotion of the buildiug. .: .
(b) For the purpose of this clause, theylccation of the;l>uilding shell be
classified as fouo ws .-
(A) arterial roads, brs-route roads leading to arterial roads ailcl . i.l;,l
roads ;
(B) b,~s.routeroals other than thcsz specified in ite~n(A) ;
(C) roads and streets in primarily residential colonies.
(c) The type of construction of the building sltall be classified intc di5'er'erel;t
g o u PS as follows, namely :-
(A) thatohed and tiled roof ;
E

(B) reinforced concrete cement roof ;


;C) reinforced concrete cement roof with:mGsnic flooring partly or f~lly ;

(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

rile j?roperty tax shall be calculated as fcllows :-


( ( 1 ) Firctly. the basic pr :perty tax for a building slx.11 be calculated at ' the
coliilcil ;
r'lre Iiucd by tllc nl~l~liclpal

(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.

. AMENDMENTS TO THE TAMIL NADU L'IST~ITCT MUNLCIPALITIES


ACT, 1920.
iubstitution Of 5. In the Tamil Nadu District rdunicipalitie; Act, 1920 (hereafter in this Tamil Nadu
sections 81, Partreferred to as the 1920 Act), for sections 81, S1-A. Y2, b3, 84, 85, 86, 87, 88, Acr V of 1920,
8l-A, 82, 89, 90, and 91, the following sections s h ~ lbs
l substituted, namely :-
83,84985, 86, '

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 ('
;

,,.tA, .i' ~ i person


l ~
I
primarily liable to the paymc,lt c.t property t ~ x the
, pers 11 cn whcm t!:e prc,perty
is transferred,
shall furnish to ths cxecutiv~?,. thority within such dztc i.s 1ncy be pl,eicribed, a
return for such b.iilding or I.! ld c..)ntainin~ such detr.i!: :<s m:.y bs prescribed
for the sssessment or reassessnlent of the propzrty tax to rhe said b.:ilili,>g cr land.
(3) I n the cl.se of re:.ssessment or ga:ierel revisic~ic ' sny pr;ne;tg tax levisble
under this Act, the o w x r o i os;.ipior of zny b-~ilding0 1 1?,11d shsll f rllislz to the
~ x e c ~ t i vagthoritjr
e wiGlin soch ti~nces sany be pres,-;i'uv.$',a rett:rn i11 s~icilfcrm
containing such d4tdils 2.s m7.4b> prescribsd far t:~c.zs;s ,mcnt cf prcpcity to svch
building or laniq.
(4) If any ow:lzr or occ~picroi'a:ly 1 ~ ~ ~ 1 cl rd Ii;.naca~ fr:il: tc L21.!1lsi&a return
as r.iquired under sub-section (2) c r sub-sccticn (3) ir f:,r :is!~cs 2.n iilscmp!cte o r
I incorrect return the executive au Ilcrity ( r cny pcrscn r,~ithcriscci by ICil-.l i i this behalf
shall cause an inqwction to br: !ii:do :l.i~.l ;;Is3 to 1,1;1~1. such l,c,:l cnq, iries as
may be considerad necessary, alld blsed on svicil inspc:ticn cnd infcrlnation
collected, shall prepare r retarn and a cspy of t!ic rc:::r~i .;l:.Il be f.,~..~i~!.cd t~ the
6~11eror ocss~pierof the bl Ild iilg ci.land.
wj .
F113il

(5) On receipt of a rct:rnl under s:lb-secticn (2) c sob-sceticn (3) c r on


the basis of the retulil grepzred by the ex.=cu;ivcs.~fillcrity: , ~ ~ ds~#b-seclicn
er (4) and
after considering the objes:ions':if any received the cxecu tiv :z-uth3rky sl~alldetermine
. tax payable in acmrdance with the provisic~lscC t!:i\ Act a d ~I-~::llsend an
, the
intimation to t!ict c3c3t t 3 tlic person c::?lcciilcd.
1s

cssessmcnt c f prcpcrlg tzl: r c g LL,iid:.:~ c r lend


;'.

authiiify or zny c Pilccl. ,;~tll~risecl by iiuil in this


s:;rvey and meas~rreany b:lili in!: or 1:?1ld,r-ftcr giving
occupier before sir sh inspxti 1n i l l d t l ~ cow:lcr cr cccu-
necessnry infsrmc?tion re2 'red fcr tki; p~,rpc se.

is?of the land


'(7) he p r a ~ c r t y:t cn b.~ildinaand 1r.nd ~11~11,
s?:: 'sct ts tilo pii. p:.ynlellt
rev:-lrrs, if 2ily, d:le ta the State Governn~c~~t tt'1%rccn,be firsv cllarge 2
r

'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 .

(i) the cxisdng pcporty tax ;


(ii) the vva!uc tf tile bsild ing and-!and ;a: d
- .
(iGj t h e use of the bl-iltling;
. .-: ,. ."?,
.-. . --fl---.-'
,-TL-*'P"9F"a---':-,..,.-..- -
' .
! 7 T11L12' 21iZ2&I.-
-
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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.

89. Tuxation Appeals Committee.-(1 j T b m shall be a Taxation Appeals


C(.rurnittee hearing and dsposing cf an appeal preferred by a fly perfon who is
fol

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.

( 3) ,in :~ppealagainst the decision of the Tax:.tion Appeals Committee may


I): tL \\Gthin thirty days frc m the date of the crder to the District Judge.
(4) No ap ~ 1 shall 1 bt: entertained by the District Judge, unless the appellant
.-,.dep 'hlk'i wi~1ithe town palicltayat ur municipality, as the case may be, the entire
.L?~>, [ # n to f tax as decided by the Taxation Appeals Committee.

( 5 ) Where as 21 result of any order passed in a11 -z,ppesl my r.mcutlt already


clcl?i,.ited is in excess of the tax due, the difference, after deductmg the tax due,
shall be xljusted towards the tax, and fine due, in respect of any other period, by the
~~lt~nicivality.

( 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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1
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.

12 1. Minimum and maximum basic propsrty tax, aoIditiona1 basic prowly


U 1
t a x , etc.-The Government shall prescribe the mirimurn and the maxi,,lum
rates of-
(a) bane property ' ax for the building or land having regmd tc -
. . existkg
'lj the . property tax :
(ii) the value of the biilding and land ; and .
.Six the u& of the buildinS-:;?l"
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I N ADU GC VERNMENLr'GAZETTE EXTRAORDINARY
T .1IIL 839

I J 1 :I I .I >:.sic ,)iL;p2rty tax fur ddiiciittg haviiig


~$LA). i2gdia 2 J -
(I) tale 1 ,c,:ticn of the building;
( i ~ ) tile type of ccnstr~ctionof the buildil~g;
1;1!1 Madu Act
" if 1971. (c) tho ooncession WI th regard to age of the building.
122. Detert?tination o ' busic property trr.u additional basic property ids, etc.,
by coinzc~il.---(1) The basic property tax, the additioll~lbasic property tax arld the
concessi,:~~, 11' urith regard to the age, for every b~lildingc,r land shall be deter-
GLI~)~,

mined by the council subje~tto the minimum and nlaxirnur~irates prescribed by


the Goverilllient ~lildersection 121.
(2) The council shall notify the rates determined vnder sub-section (1) and
such other particulars and in such manner as may be prescribed.

(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. ,

(c) The type of construct!on of the buileing shall be c!r.;sified illto


different groups :is fotlons, namely :-
(A) thatohed and tiled roof ;
(B) reinforced concrete cement roof ;
(C) reinforced conzrcte cement roof witlj mosaic flooring partly or fi-lly ;

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

(11) ;c~,>,lrlly. pcrty tas li)r such b u i l d i ~ lshall


the :ldditiolial basic p r ~ ~
. ilck41.:r,.t~ r.~tc fixed by the council tlnd trdcled to the basic prcperty tax
, t
'
.~derc l e ~ l z c(0) :
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340 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDlhAKI
--- -- - -- - -. -
1

(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.

124;.General revision of propert:? tax.-The general revision of the astsbnlent of


property tax in relation to the building and land situate^ within the City liniit ,hall
be made from such date as the Government may, by notification, appoint.
The Commissioner may reviw the property tax in accoiaance with tho provisions
of this Act and tlld rules nzade thereullder :

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 AMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 341

- Provided that ncthing containod ;n tlauk:, '.I), (c) and ( e ) shall be


doe !led LC, e x e ~ ~any
p t building or land frc3in propoi-ty f . 1 ~ I f I hicll ror t or s e r v i ~
charge i u payable by th5 p\!rson or per,ons uciilg the salnefor the purpcres roferrod
to in the said clauses.
126. Po~wr. ro ,.z:tifv error rtpp ti-ent onthe fkcz of' the record.- (1) he
Co 11 izisioner may, on his own mction or oil an application iiiade at any time
within \ix months fro:n tho date of any order passed by him, rectify any error
app~ironton the face cf t hc record:
Providod that no such rectification which has tbe effect of enhancing an assess-
ment, cllall be lnade unlm. such authority has given notice to the assessee and has ' 2 ,

allon rl III~II 3 reasonable opportunity of being hoard.


( 2 ) Wh;m sucll leciific-itiou has the ofict of r$ducing an assessilleut, the
exceqs r , , ~ o ~if~any
n t paid by the assessee shall be ad~ustedtowards auy tax that
111a4 n&rkle In future.

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

Provide:l that n o fine ~inderthis sub-secti~nshtlll be imposed ullless the owner


or occupier affected 11::s i~ d a reasonable oppcjrt~~nity of showing caL1se against
such i~llp?sition.

I 2g. T[~.unr,;o/l4pl7caI~Tribunal.-- (1) There shall be one or more Taxation


Al>pe.il?;Tribu::als (h.-r-aftc ill this section referred to as "the Tribunal") for the
corporation for hearing and disposing of an appeal preferred by any person
who is not satisfied with the assessment order ~l:.de by the Commissioner vnder
tllij .ict other than the o r d m relating to the transfer duty.
(2) The T'rih~lnalshall consist of a Judicial Officer who is or has been a
Civil Judge (Senior Divisioll/Chief Jlldicial Magistrate).
(3) Tllc t4:rnls and ccnditions of the Tribunal shall be such as may be deter-
111ii~c.tl hy tllc C overnment.
(4) Tile salary and other allowaltces payable to the Tribunal shall be borne
fro111 the funds of the corporation.
--v
.-; (5) No appeal shall be entertained by the Tribunal rnless the appellant
deposits with the corporaticn the entire amount as assessed by the Commissioner
in the revision.
(6) (i) Every appeal filed under this section shall be entered in a register .
nu~~ntainedfor this purposo by the Tribunal.
(ii) The Tribunal shall give to persort filing an appeal a written notice
specifying the place, date and time of hearing the appeal.
(iii) The Tribunal shall dispose of the appeal within five months from the
date of filing of the appeal.
(iv) Any person preferring an appeal may either appear in person or
i h r o ~ ~ gan
h avthorised asent before the Tribunal.
(v) The gist of tho order passed in an appeal shall be recorded in the
regi~ter\vhicll shall be duly attested by the Trib~lnaland a copy of the order shall
be supplied within ten days from the date of passing of the order to the, appellant.
fvi! The excess am Junt of tax if availabl: in view of the orders of the
Tribullal :iill be adjilsted by the Commissioner for t le property tax to be collected
in Cutu~,c.:
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(7) An appeal agzinst the decision c f t%e tax^ l i n P.ppe?.ls Trlbi.:l.-I inay (
a
I

be filed within LA.'-+lr days from the date of the ~ r d e to


r the District Judge.
(8) No appeal shall be entertained by the District Judge unless tile appellant
deposits with the corporation 'ille entire amount of tax ;LSdecided by the Tribunal.
(9) Whereas a result of any order passed in :.ppeal, any amoutl' already
deposited is in excess of the tsx dve, the difference ~ f t e rdeducting the tax due
shall be adjusted towards the tax and fine due, in res.>ect cf any other period,
to the corporation.".

Bmaadmant of 8. In Schedule 1I;of the 1971 Act, Parts I1 :and V sl~allbe omitted.
Schtdole n.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

122. itlir~ilt~llnrand rilaximum basic property tax, additional basic propert)


tax, elc. The Government shall prescribe the mi~~lrnurn and the. @rlmtlm
rates o f
property
r ~ r ) ,);~.,ic tag for the building or l a ~ ~having
d r e w d to -
1 '
1 lil the v ~ l r eof the bvilding and land : and , , ,.
(114) 1111: I ~ ol'l110
C 1111il(Ii1bg , .

otrp) AV ? 1 (5x3)- 5
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) additional basic property tax for every buildii~ghaving regard to --


(i) the location of the building ;
(ii) the type of constr~lctionof the building ;
! + .
(c) the conoessiolr with regard to age of the building:'

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 ;

- . . flooring partly or h lly ;


(C) r&nforced concrete cemeut roof with.mosaic
(D) granite. ceramic tiles and marble -flooringand walls pal tly or fvlly.
(iii) A concession oil the basic property tax shall be allowed in calwktiqg
the property tax having regard to the age of the building, in such manner as may bet
prescribed.
-
124. Auessmtt and calcvlat~ono j pmperty tax. (I) For the purpose of levy
of property tax, every building shall bc assessed together with its sib and
other adjacent premises omvpied as an appurtenance thereto :
Provided t4at no building which has been mnstn1cted in contravention of the
bvilding nibs niade u ~ d e this
r Act shzll. be assessed to property tax.
.-
(2) The property tax shall be calculated as follows :-
(a) Firstiy, the basic property tax for a br~ildingshall be c~lcrlatedat the
rate Gred by the covncil I
(6) h n d l y , the additional basic property tax fbr a& brilaia rhal I*.
Wculatedatthentefbd bythe 6 r d a n d . d d r d t o thebadcpopcny(~m.
M at uadcr c h s e (a); -
h
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T4MIL NADU GOVERNMEKT GAZETTE EXTRAORDINARY


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(c) Thiidly, on the quantum of antount arrived at under clauses (a) and (b),
the ccncmsi~n hzving iegard to thc3 age uf the building at the ratc fixad by the I
Counci lshall be deducted and the *mount so arrived at shsll be the property tax
payable in rcsp.,ct of any building foi every half-year and shall be paid by the owner
or clccuyier of such building within the half-year priod.
Exp1lancrtion.-For the purpose of this sub-section. the explession "half-year"
c day of Ap;il tc tho 30th day of Suyto~iiberand from the 1st
shall be f ~ ~ . . l . t hIs1
day of O c t ~ b ~t ur he jlrt day of March of a year :
Providci, that in the case of any Governiltent or railway building a conoession
shall bt. adow,xi ia calculating the prorerty tax in such m?nnel as may be prescribed.
(3) Tin Coixmi~sicllershall issue a proparty tax book oontaining all the '

details 01 tl:c buildilig or land a td tho property !ax p ~ y ~ b l cin relatior!


to such buildtt~gcr land in such forin as may be prescribed. ,:
(4) Wlwrc: tl~areis dl;; ;.:;,:rt !2qd witllout any buildlng situated withiu the ,'
city li::~it.tha Conunissioner shzll dotellnine the prowsty t ~ . x payable for sucb
vacant land at the rate fixed by the Council. /
125, CT.'neiul revlsiotr of pr oyc t!. tux.- The general revision of the assessment
of property tax in n:lation to the building hnd land situatcd within the City limit
shall be iuade frc 1.u such date as tha Governi~lent may, by notification, appoint;
The Co1.1rnissioner.rnay revise the property tax in accordance with the pro\~sians
of this Act a!ic! the rules made thereunder:
Provided that thore shall be e nintc rval of fiveyears betwezn one general revision
and anotho~ &en;.ral revision.

126. Gertet.al exe~~zptions.--The following buildings and lands shall be exempt


frc ln the property tax:-
(a) Places sot apart for public worsirip and a i t h ~ ractuaily so used or used
for no other purpose ; L

(b) cl~oultricsfor the occupation of which no rent is charged and choultries


the rent chat god for the o ocupation of which is irsed exclusively for charitable
purposes ;
(c) builc'ings lrscd for educational purpose including hostels attached
thereto and places used for the charitable purpose of sheltering the destitute or
aniiuals aild orphanages, honns and sch~olsfor tho-deaf and dumb, asylum
for tl~eaged and fallen women and such si:nilar institut~ons run purely on philan-
thropic Iillcs as are a?proved by tho Council;
(d) such ancient mon~i-lonts protected under tho Ancient Monuments
Preservation Act, 1904 (Central Act VII of 1901) and spch ancient and historical
monuinents declared by or under the Ancient Monuments and Archaeologicpl
Sites and Remains Act, 1958 (Ccntr~lAct 24 of 1958) to be of national importance
a t d also sscb ancient monuments and archaeologicd sires and remains ~rotected
under the Tamil Nadu Ancient and Historical hlonuments and Archaeological
Sites and Renains Act, 1956, (Tarnil Nadu Act 25 of 1966) or parts thereof a.
are n.?t sod as residential quarters or public offlco ;
( e ) cliaritabls hospitals ar.d dispensaries but not including residential
quarters attach4 thcreto ;
( f ) such hospitals and dispensaries maintained by railway aclministmtion
as may, from time to time, be notified by the Government, but not lncludrng
residential quartorr; attached thereto ;
(g) burial. and burning grounds included in the book kept in the municipal
office under seation 404 ;
(h) the bed of any river or canal o r any river o r canal belonging to Government
and which dn n c l ?raside any income to the Government or any Governmeat land
set apart for recreation purposes or any other Government propwy being neither
building nor land from whio4 in the opinion of the Government any inyme m u
:
nc t be derivfxd,as m y from time to time, be notified by the Government - .
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fi6 . TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


--- -

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. ,

227, Power torectify errob. apparent on the .face of the record.-


(1) The Commissioner may, on his own motion or on an application
mada at any time within six months from the date of any order passed by him,
rectify any error apprarent on tbe face of the record :
Provided that no such rectification which bas the effect of enhancing an assss-
ment, shall be made unless such authority bas given notice to the assessee and has
.allo(Rdd him a reasonable opportunity of being heard.

(2) Where such .rectification has the effect of reducing an assessmept, 6 8


&ums amount if any paid by the assessee shall be adjusted towards any tax
that may accrue in future.

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.

(2) On verification of the return filed by the owner or ocoupier of the


building or land after the issue of the proyt.l~jLu,. t. :I, the Ccrr~rnissionermay,
if ho is satisfied that the 0 wner or oocrpier wilfully filed ialse return, the
Commissioner may cause reassessment of such prorerty and direct the owner
or' occ!lpier to psy, in adiition to the tax assessed, by way of fine, a sum which
shall be one hundred perZn1: of the difference in the tax due.
Provided that nc, lineunder this sub-section s b l l be imposed unless the owner
or occupier affected has had a reasonable oppjrtunity of showing cause against
such imposition.

129. Taxation Appeals Tribunals.-(1)There shall be one or more Taxat~onAppeals


Tribunals (hereafter in this section referred to as "the Tribu na1"Xfor the corporation
forhearing aad dispjsing of an appeal preferred by any person who is not satisfied
~ i t hthe assessment order made by tho Commissioner under thisr Act other than
the orders relating to the transfer dimty
' ! l'he I ribu nal shall consist of a JudiciJ Officer who is or has been a Civil
?
Judge (Senior DivisionlChief Judiciol Magistrate).

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

(By order of the:Governor)

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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2
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
x ; ~
.-*-,.
k
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p
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I --- _-
-YIu~.Y

-
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.

to ame,'; +he Tamil Nadu District Muiticiptrlities Act, 1920.


,4rz Act-furfl~rr
-
BE it enacted by the Legislativc Assembly of the State of Tamil Nadu in the
Forty-ninth Year of the Republic o: India as follows :-
i
.I litlt and 1. (1) This Act may be called the Tamil Nadu District Municipalities (Amend-
rnc,Fzcen~c~nt. ment) Act, 1998.
(2) It shall be deemed to have come into force on thc 19th day of Dcccmber !
1997. 1"

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.

(By order of the Governor)


A. I$. RAJAN,
Secretary to Governnnel.tt,
Law Department.
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NADU GOVERNMENT. GAZETTE EXTRAORDINARY 27'

iefor~i~ation
:-

ACT No. 10 OF 1998.

An Act further to amend the TnnziI Nodu District Murticipulitios Ai t, 1920.

BE it euacted by the Legislative Assembly of the State of Tamil Nadu in the


Forty-ninth Year of the Republic of India as follows :-

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,-

(b) not exceeding two hundred and fifty,square,metres:in,the ground floor


and in the first floor in the aggregate; or

(c) in the case of improvement or enlargement of an existing residential


building, the construction of which does not exceed ,two hundred and fifty square
metres, the remaining ,area for such improvement or enlargement of such building
including first floor, in the aggregate,

examine such application with reference to building rules prescribed


for the purpose of this Chapter and the matters specified in
-sub-section (5) of section 217-C, and if he is satisfied that the grant of a licence
will not result in the deterioration of scenic bsauty or destruction of the environment
and ecossstem of the h ~ i station,
l he ma;. grant a licence subject to sucl~terms and
conditions as ile rnay ihink fit to impose, or refure to grant a ticence' :

(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.

4. In section 217-F of the principal-fit,- '

(1) for the expression "section 217-D", t h ~expression "section 217-D


or section 217-DD" 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.

(By ordor of tho Go\lornor)

A. KsRGJAN,
Sccretarj' to Goa*r~tmc.rlt, -
Lnlv Department.
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TAMIL NADU GOVERM~~ENT


GBZBI'TE EXTRdORDINARY
-
- 7
,191

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 :-

ACT NO. 51 OF 1998.

An Act ,further to amend the Laws relating to Municipal Corporations and


.kfunici)alities in the State of Tamil Nadu.
Be, it enacted by the Legislative Assembly of the St? e of Tamil Nadu in the
Forty-nlnt h pear c;f I he Rrpublic of India as follows :- -
PART I.:'
PKELIMINARY. II . ., ..
ci +,' ,.,'I !, !,, '" ;J.

1. (I This ~ cj may
t be callcd the Tamil Nadul a1 Laws (~medd: Short dt:e ord a

mtnt) Acr, 1998. c~im~tnce-


-\ :me&.
'. 3. shalt be deemed to have come into force onjhe
IT day of July 1918.
I
, :> PART 11.
AMENDMENTS TO THE CHENPT.41 CITY MUNICIPAL CORPORATION
ACT, 1919.
, 2. In the Chennei City Municipal Corporation Act, 1919 (hcreafler in lhis Part Amendment Q'
I keferred to as the 1919 Act), in section 129-A,- sectlon 129-A,
(a) for the expression "a tax calculated at such rates" the expression ''a tax
calculated at such rates having regard to the location, size, reach and nature of the
advertisement" shall bc substituted;
(b) in the first proviso, the following shall be added a t the end, namely :-
#'and in any case such rate of tax shall not exceed rupees five hundred per
s b i r e metre per halt-year".
3. After Chapter XI1 of the 1919 Act, the followi~gChapter shall be inserted, Insertion of
' 'namely :- new Chaptm
XII-A.
t r'CHAPTBR- XI1 .A.
?26-A. Definition.-In this Chapter, "hoardi~~g"mzans any screen of boards
at.any lace, whether public or private, used or intended to be used for exhi biting
"a'd\e&emcnt, including the framework or other support, erected, wholly or in part
'uponbr over'any land, building, wall or stxuature, visible to public wholly o r partly,
!qk t

326-B. Prohibition for erection of hoardings.-(1 j No hoarding shall be


,erected at any place, on or after the 23rd day of July 1998 (hereafter in this section
referred to as the said date) by any person without o btain~nza licence from the
Commissioner ;
3 (21, Every person who has erected any hoarding without obtaining a licei~ce
- ',, and whicb is in existence immediately befo~ethe said date shal! apply for a licence
in accordance with the provisio~sof this Chapter withill thirty days from the said
date.
,I
'326-C. Application for licence -(1) Every application for licence under
1

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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TAMIL NADU G OVERWMENT GAZETTE EXTRAORDINARY


--_ _ _ -- - -- _-
_. _C_ - . - _ __ - -_ ______- -
! . ~ applicai~t has
Provided ;hat a licence shall not l;e reluscd ~ ~ r i l eilic
been given an bpportUnilq' ma!iin& his I cpi csc1:tsli~n.

(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-D. Powel tc cancel or suspend limpce. 4 1 ) Without ~rejudlceto any


other penaltltovhich the licensee may be liablc under this Chapter, t5e Commissjoner
may, at any time, by c~rder in writing, cn7rP' 9r su spend any licence granted or
renewed under section 326-C, if -
(a) such 1: cence has been obtained by fraud, mis-representation
or suppression of materiel paticulars: or
(b) tbc licerlsee has contravened any of tile provisions. of this Chapter or
the rules made thereuuder or any of the condi. ions subject to wlilch tnc lrcence was
granted.
(2) Before cancelling orsuspendilig a licence under su b-scction(I), the'
Commissioner shall give the licensee, an oppcrtunlty of making his representation.
326 E. Removal of unauthorised hoarding.-Any hoarding erected with-
out a licence !hall be confiscated and removed by the Commiss~oner,wit5out
giving any notice.
326-F.Removal of hoarding in cxtajn other cases. -(I) Where any
hoarb i@ is retained after the expiry of the licence or erected contrafy to the .condi-
tions of licence, the Commissioner may, by notice In writing, requlre the l~censee
to remove such hoarding within such time as may be prescribed.
(2) Where the hoarding is not renloved within the time s~ecificdin the
notice the Commissioner shall, without further notice. removs such hoardlng and
recover the expenditure fcr such removal as an arrear of land revenue.
326-G. Exemption. -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 la?d or building,
upon or over, which such hoarding is erected or to any sale or lettlng of such land
or bulldig or anyeffectstherein or to any sale, entertainment or meeting to be held
upon or in such land or buiiaing; 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 1:lnd or building:
Provided that the exemption under this sectiorl shall be subject to such
size and nature of hoaiding as may be prescribed.

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

frame-work or other support. The expression "sky-sign" shall also ~ucludeany


balloon, parachute or other similar device employed vholly or in part foi &hepurposes
of any advertisement upon or over any land, bui1du.g or structure or upon Jr over
any public place but shall not include-
(a) any flag staiT, pole, vane or weathi-cock, unless ad0pl.d or used
wholly or in part for the purpose of any advertise nent;

fibTided that such board, frame or other contrbvar1ceshall be of on: coldiflu~us


. face and not open work, and does not extend in height more ttiall one metre above
any part of the wall, or parapet, or ridge to, against or on, which it is fi,:zd or
J4% supported; or

(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

Exyl~natimIll.-"Public place" shall for the purposes of' this section,


mean any place which is open to the use and enjoyment of the public, ~lletheri t is
actually used or enjoyed by the public or not
Expbncltion IV.-In this Cha tek the expression "advertisement" shall
'f'
no;'ficludlude any :dvertisement publishe in any I ewspaper and advertisement b-aad-
atst by radio or telsvision.

107-B. Prohibition o j cdverthemlmts wirhout written permusion oj executive


authority.-(1) No advertisement shall, after the levy of the tax under section
107-A hastbeen determined upon in the mu+cipal council, be erected, exhibited,
fixed or retained upon or over any land, building, wall, hoarding or structure within
the municipality or shall be displayed any manner whatsoever in any place without
the written permission of the executive authority.
(2) The executive authority shall not grant such permission if-
(i) the advertiscment contravenes any by-law made by the municipal
council under clause (28) of section 306; or

(Tamil Nadu Act 2 of 1959).


1959.u
C

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 :-

@) if any addition to the advertiswent be made except for the paposes


F~?,@ng&ecurg under the d 9 t i o n of the engineer for general purposes;
(c) if any material change 66 d d e in ttr'e advertisement or any part thereof;

(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.

( 2 ) Every person who has erected any hoarding without obtain-


ing a licence and which is in existence immediately before the said date, shall
apply for a licence in accordance with the provisions of this Chapter within
t b r t y days from the said date.
np) Iv-2 EX.(751)- 4

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.

rupees or with both''.

(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-B.Prohibition Jor erection o j hoardings.- (1) No hoarding shall be erected at


any place, onor afterthe 23rd day of July 1998 (here after in this section referred to
as the said late), by any person withoutlobtaining a licence from the Commissioner;
(2) Every person wko has erected any hoarding without obtaining a licence
and which is in existence immediately before the said date shall apply for a licence
in accordance with the provis~onsof this Chapter within thirty days from the said

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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182 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


---- ._- -- ----

Commissionrr may, at any time, by order in ariti ng, cancel o I 9 spell~:snY


licencf granted or ~-e.ieweduncer bectioi~410-C, ii',--
(a) such licence has been obtained by fraiVli,mis~epresentationor suppres-
jion of mater;al particulars ; or
I&) the licensee has contravened any of th!: provisions of this Chapter or
the rules made thereunder or any of the condiliolls subject to which he licenee
was grantee.
( 2 ) Before cancelling or suspending a licence u ntier srlb-~ect ion ( 11,
the Commissioner shall give the licensee, an opportunity of making his represen-
tation.
410-E. R~inovc~l o j zrnar~thoriscdhoarding.--Any hoarding erected without a
'~cenceshall be confiscated and removed by tab co om missioner, without giving rrny
notice.
410-F. Removal oj hoarding in certain other cases.-(I) Where any hoarding
is retained after the expiry of the licence or erected contrary to the conditions of
licence, the Cornmissloner may, by notice in writing, require the licensee to removc
such hoarding within such time as may be prescribed.
(2) Where the hoarding is not removed within the time specified In the notioe,
the Coamissioner shall, without further notice, remove such hoarding and recover
the expenditure for such removal as an arrear of land revenue.
410-G. Exemptions.-Nothing contained in this Chapter shall apply to any
hoarding on wh~chis exhibited any advertisenlent which relates to,-

(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.

AMENDMENPQSTO THE COIMBATORE CITY MUNJCl PAL c O R P o R h ' r r 0 ~


ACT, 1981.
~mcjndrnentor 9. In the Coimb
section 168. th~spart referred to a
0 3 for thr: expression "a tax calculated at such rates", :ae e?cpresslon
"a tax caIculated at such rates having regard to the location, size, reach and nature
td the advt?rtisement9' shall be substituted ;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARW


- 4L
CIll v - . C . _ . . -
(b) in the firsr proviso, for the expression "shall not exoeed r u m two
hundred for each advertisement per half-year", the expression "shall not exceed
rupees five hundred per square rnztre per half-year" shall be substituted.
10. After Chapter XI11 of the 1981 Act, the following Chapter shall be iinserted,
namely : -

410-A. Definition.-In this Chapter, "hoarding" means any screen of boards


a t any place whether public or private used or intended to be used for exhibiting
advertisement including the framework or other support, erected, wholly or in part
,.upon or over any land, building, wall or structure, visible to public wholly or
:partly.
410-B. Prohibition for erection of hoardings.-(1 ) No hoarding shall bc
'-'erected at any place, on or after the 23rd day of July 1998 (hereafter in this
section referred to as the said date), by any person without obtaining a liceace from
4he Commissioner.
(2) Every person who has erected any hoarding without obtaining a licence
and which is in existence immcdiately before the said date shall applv for a licenoe
in accordance with the provisions of this Chapter within thirty days irom the said
date.
..
410-C. Application for licence .-(1) Every application for licence under
this Ohapter shall be made to the Commissioner in such form, containing
.such particulars and with such fee, as may be prescribed.
(2) The Commissioner may, after local inspection, grant a licence with such
conditions or directions, subject to such rules as may be prescribed.
. . ' *
j (3) The Commissioner may, refuse t o grant licence for reasons to be recorded
,..*

,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 .
------ -
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.

(By order: of the Governor)


A, K, RAJAN,
Se Cr?tdrY to Governmcnf,
Law Departm~nt.

!
i
j

I
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$AWL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

Municipalities" wherever it occurs, the expression "Regional Director of Municipal


Administration " shall be substituted.
C
3. In section 40-B of the p~incipalAct,- Amendment or
section 40-B..
(a) for the exprcssion " Regional Inspector of Municipalities ", the
expression " Regional Director of Municipal Administration" shall be<substituted.
(b) for the expression 5" Regional Inspector " wherever it occurs.2 the

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

(By order of the overn nor.)


A. R. RAJAN,
Secretary to Government,
Law Department.
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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.)!. .

AMEXDMEPuTS TO TI3E CTIENNAI CITY h I L h i C l F A L C G X F i I ' , + \ ? iLe>y >.c '1: i91L/.

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.

Tas on profcsbion, frntic, cal1il:g :1nd e ::pl~!.ii?~il.t.

13s-A. D,$jinirioizs.--For the purposes lllis Cl?~;s:cr,--

scrvnnl rcccivinf pS>. TI.u:-I til-. r,:. ,.


( i ) a Govcr~~incnt : . ,- i ]I: ( . , ,
Governlnent or sny State Covernincnt ;

(ii) a pcrsofiin tlic scrvicc ')fa body r l ~ ~ I:-'


~ l 1l 1 ~ I~< . ( L J, 1, , - 1
1
1 f

.
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.

138-B.Lcvy of yrqfcss~o~l tees.- ( I ) Thcrc shall bc Icvicd by the Council a tax on


profession, tradc, calling 2nd c~nploymcnt.

(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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( 5 ) The tax leviable from a firm, association or Hindu undivided fa;~17lily


)nay
be levied any adult nleillber of the firm, associs,tic.n or fumily.
(6) Whereapcrscjnctoing thesame busincssinthesamenam~lnoneormose
places within the city, the illcome of such b ~ ~ s i i ~in
c sall
s places with~nthe c ~ t yshall
be computed for the purpose of levy of tax and such person shall pay the tax ia
accordance with the provisions of this Charter.
(7) Wbcrc any ccm:)a ny. corporate body, society, firm, bod y of persons i l r
associs tion pays the tax undcr this Chapter, a ny djrcctor, pal tner or msnlber ,as Ihc
'
case may br, of such company, corporate bc.dy, society. f i m, ~ body of pelson? or
association shalt not be Ii,ibIe t o pay tax undcr this Chaprcr for tllc illcome dcii\ec:
by such director, partner cr member from such ccmp:cn::, corpo~ate body, socict .t..
firm,body of pcrsons or association:
Providcd ~ h a such
t rlirecfor ,p r t n c r o r ~ncnibcr.sll:~~I
bc hlc [ ( I jl:\j
Iii~ l a x nL:<
this Chaptcr for the i n c ~ m ederlved from olhcr ?oul.cts.
(8) Evcry pFson who is liable to pay tax, other ;Jan a pcrsc n cal ning lit: 5
or wage shnll f ~ ~ r n :~osthe
h Commiss;~,..: rcti;rn in such form, for such p c r l ~ d
and within such datc and in sucll nlanllcr ,AS ~ n o ybc p t c s c ~ib:d :
Providrd that si bjerat to the provisions or sub-scctions (10) at!d ( 1 I ) , such p.1-
son'may make a self irssessment on the basis of average half-yearly 111co1iieofthe pic -
vious financial year and the return filed by him shall be accepted without callin$ fibr
the accounts and w i t h c ~ ~any
t inspecficn.

( 9 ) Every su 2h rcttlrn shall scc0n;p:'ny u i t h thc ~ r c ' ~ l.of


f 13: jnient of i i ~ ,
full amount cf tax due according to the leturn and a 1c1ui.n \!lthoui iuch p r c ~ t ' t
payment shnll not be dcemcd to have been dttly filed.

(10) Notwithstanding anything contained in the provi:o to sub-scction t C j ,


the Commissioner may select ten per celrt cf tllc total 1u111berof such :lssesc.acl:r :t*
such manner as may be prescribed for thc ;-uspcse of clctailcd sclutiny jcgn~ti'r::.
the correctness of the ~ t t u r nsubmitted b~ ,: pclsan i n this conncclion and I I I .:, \I

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.

i. (8) \\itl?i - ' -


(I 1) If no retdr11Is sl~blnittedby an! pi'l son t ~ i d ~svb-scctioi~ I

prescribed pericd or i f the rerurn submitte(l by him appeals to tile Con~.nissio::a r


be incomplete or incorrect, the Cominissio~lcrshall, : ~ f t e~n:lking
~ S L I ~enquii
~I :. .
I
\

Ile nzay consider neccssary, assess such person to the best cf his judgn ect :

Provided that before taking zction u~,c!erthis $11l--~cction,tt?c per5011 s l I I~


given a reasonable apportunity of prov ~ ?tllc
return subiliitted by him.
g corrcc't~~r\s c r ccmplet~ne\s< I'.
I$-

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

(i) quote such number i n all his retur~ls to, c r correspondc.nc


;
Com~~lissioner
\\ i':: ;le~
i I
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e rall chalans fcr the payment of any sum due under


(ii) quote suck ~ l u n ~ bin
this Chapter.

(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.

Provided tkat if the c~nploycris an clficcr cf the State or Central Govcrnrent,


tho Governlnent ~ n r ~notwiti~~tanCing
)~, any thing ccntaj r,cd ill this Chaptcr, prcscl be
thc manner i n 11 hich st ch cmploycr shnli c".izchzrge t hc said liability.
138-D. Filing of r.~~trtrt,sbjl t rigdo l.c,r..-.( ( ) Et~cscy cnq>loye]. linblc to p;.! tax
irnder this Cllaptcr sl~cllfile a r c t u ~
n !o t 1 C~cmmissicncr,
~ in suc:h forIn, for such
period and by such date as may be prcsc~il-cd,showing thercjn the snlaries patd by
Bjm to the employees and tlic ;lmoul:t of tn~deductcc?hy h;171 jn rcqrcct of ,tic/,
cmployccs.
(2) EVCJ y s~;chI cturll ~ l i a l accol::l?::~)~
l wit11 t!x PI cc i cf payn,ent of t!)t full
aniount of tax due accordilig to tF'e rctiu n 2nd n rctt:~1.1 wit1,cut :,ifchyl oc,f 0~ pay-
mcnt sllnll not bc t1ccl:l cc! t o 1 1 ; c~ bzcn
~ (![ l y filcci.

138-E.A s s L s ~ ~ ~ zofL nrhr c 1~7i)lo~'cr.-( I ) The Cun~n:ssicn:r, if satisfied rhat


znyreturn filed by any employcr ~.nder$lib-secticn(1) cf ~ e c t i c n1:'8-D is correct kind
cornplcte, ~11sllaccipt the rclcrl?.

(2) Wjlcrc c,n employer hr~sfailcc: to f lc :ny ~ c t tn, m


~ C c r bist)-scctlc n (1) cf sec-
tion 138-D wifh'n the time 01-ifthe return filcd by hi111appeals to 1 hc Cornmiss c~ner
to be incol-lecl or ~~~rc.mplete,the Col.nmissicnc;r !hnll, ;.Stel' ma krng such enqL~iry
a s he connic!ers n~cess:.ry,dclcrn~inetJ~e ta1:c'cc r n J nsscss tlJe ernploycr lo the best
of his juc'gcment 2nd issue n nctlcc of c't m;nc' fcr rhc ?ax sc 3sscs~ec::

Provided that bcfc11c ssscsci~tgllie t:.x c ' ~ c , t11c C L ~mi'


I sic IICT 11i:;lI g i L~ the
cn2ploycr a rc;sc,n:lblc o p p ~ ~ t t ~ ncrfr yb c i ~g hcerd.

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.

'3. m a
.-y 4 s - , . P ' m-.rrl( *" m,_ - --
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-_ Ttr38 __
TAMIL NADU GOVERN:\IEN'r (i.\ / . C ' l i l: i i X I
I
I -- -- .,'
-
., ....
CMm*...,-CI-.'
,
,-.A r

(2) Tlie decision o f t hc 'Taxaiiotl 4ppe:ils T: ibu sl SII :Il l i ~f.1


be questioned i n any court of l a w :
1
.

Provided that no ~uchdesisionsllhll be rnnc:c c x c ~ y ta r f ~ c2;;i~:g [lie p t ssc n


ait'cctcd a reasonable oypo~.tvniryCI rein2 hz:) cl.
i;. .
1
: i t l > l I\J~\RY

1111
* , __-

\!. t i 1
-- - .--- .--__
'-
-I

il<
,'"-

i
13s-13. rlzi,tio,~~.-?i,)t h i n g conlairltti i 1 this Ch:!pit 1. 1 i . t : ,-I-!)' to-

((:) t he 1 4 , ~ . :bcrs of t hc Armcd Forces o? i hc Unioll t-) i;;;? : i ! ; u ~ y1):;1'1 ('f


>( t . 11:. , t i ?..:
w1lomtllc provir;;ons of 1JlcArmy ,I:
tI1is SL,L,r:,to :,Ilc: , i i i i:,'~.ic. t c . i . IO:;U or.
193i3,t ',I-'. .- ii1:9,
t ]IC Navy Act, 1957 ; I ~ ~ I ~;c s < - ' t : t l ~ r , i1
\ c :
X1.,l7\)f 1920,
:i. t-17 I.,:i Act 62
<\I' 1957.

(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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"l-.
----*-
-- ----r S h T T_-
*.7-3-
-
'jr G..i;'L-
I I L -
.
,-la.r^u.ao----
- -- -- _._
R
7-1: L>;1-T(),cl,ujl\.s
-
-mu
-
" C1l:rptur-\'I A ,
R X mt j~~*~J.~s~io;z,
t~.,.(/,, c' ( , ;v!I/,,~ , I , ?I:,

124-C. D(fiaJf~n.~.-Forthe pnrpo*cs of i!lts Chapter .-


(it) " C J ~ ~ P I G Y C"C liic~insR person cml,Io).scI on \;ilary 21lJ iilcli,dcs,-
(i) a Govcrnlilcnt servant receiving pny fro~iith.: i<,uclllle of tl,e Cel:raib
Government or any State Government ;
(ii) a rerson i l l the service of body ~ ! i e t ~ ~iniorpomicd
cr or not, ,ilh,cjlis
owned or controlled by the Central Govcrn~nc~lt or any Stiiie G ~ v c r n ~wbcrc,
~ ~ ~ f ,
S J C ~ bods owl'atcs witbin the inonicip,~i iio,il c v ~ n f / l ~ l ~i(,g l]lend311ar[crr
l
may be oulsidc tlic lnL,nicipaI limit; and

(iii) a Person engaged in any em~loymcntby an e~nployrrnot covcied by


sub-clauses (i) and (ii) ;

(6) "employer" in relation to an ernployec earning any salary on a regular


basis under his means, the person or the oficcr who is responsible for disburse-
ment of such salary and includes the head of the office or any establishment as
well as tllc Manager or Agent of the en~ployer;
(c) "half-year" shall be from the 1 st day of April to thc 30tb ilay of Ssp!embcr
and from thc I at day of October to the 3 1 st day of l a r c h of a ycsr:
I : (d) '(montll " means a calendcr ~nontk;
(i)." p1rs011 " illcans any person who is cng;lg:d actively or otlieinirc in ally
profess~on,trade, calling or employnlent in thc State of Tanlil Nadu and ~ i ~ c l a~ ~ d ~ s
Hjndo undivided fimily, firm, cornpany, corporalioa or other corporate body, aqy
?acipfy, cchb, bodp of persons of association, so engaged, bd Boer dot
~.n,cl~de any person emplbyed on a c9soal basin;
( j ) "lax" ineans t i t a r on r r o t i i i .n, f i , a ! ajvl e o: lo~rl:cnt
levied ul:c:cr this C'l a: tcr.
,, I
', f
..J $4.~. Levy o.fprofe.rsion ~ L I X , - ( 1 ) There rlall be lel~i:d by t!.e 1fuii;i;lpl
.*4

count11 a tan on prdfessi.)n, tiade cnl!ing znd emphymont.


ss and cvcry pcrspn, who is engaged
0fcs'~ion. ,tr;ldc, cnlling or rmp]o)mcr.( within .,rhe
tile half-year for ahich returnis filed. shall, pay half.
in !I? tqblc bClcp in such manner as may b e PPPS- it

& I d < - I l r . ..

Averig- J2cilf-yd~lrly
i~t~-o.~v. !A. U-yL..rIy
lox. ,
.
/
(3 1 ,

t '

. .. Nil.
2 ! " Ri. 21.CHI'I Rs. 30,COO Rs. 63
Rs.45,000 Rs. 1 0,

Rs. 60.000 Rs 300


5 :,I!# ttiRs: 60,001 ' 1 - , Rs.73.000 i
r .

' Rs. 4 5 ~'


.mi: !!: , ,.>>:. i * I

.... b I 1 " lii. ,$@


l pOb~ish'cbbv fki -
(3) The rate ?f tax payable undcr sub-section (2) ~ l l a l be
t y such manner as may be prescribed.
xecutjve a u t h ~ ~ l m

rIrbm m ~ ~ ~ ~ t ~ @ s r e p ~ r r * p k ^s ." Ir B
~ un" ~P 'FC* w
a ''
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hl0 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


----- I _._-_ _ _ _ _ _ a-
- - -- -- I

(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-
~ 3 3 3 9

(ii) quote such numSer in all c!lnlans for t ! p:\ym::lt


~ of :l!ly sum due ull:la this

such return silall accompany with tllc proof of payment of t hc f ~ l l l


d&&tldifigtotlrc rct~frnanda rcturn without such proof ofpayment
led t o hare bce n du jy filed.

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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212 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINAR 'r 7-

-
$-

T -- - _ _ __
_ . _ _ _ _ - _ _ _ _ _ _ - . - -- -
I
(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

provided that such physically disability slzall be duly certified by a Registcrcd


Medical Practitior~erin the strvice of the Government not below the rank of s Cit il
Sugeon, I
I
I
124-K. Repcal ant7savzng.g.-(1) The Tamil Nadu Tax on Professions, Iradc-s,
Callings and Employments Act, 1992 (Tamil Nadu Act 24 of 1992) ( hereafter in I
this section referred to as the 1992 Act) in its application to the municipality is
hereby repealed.
(2) The repeal of the 1992 Act undel sub-siction (I) shall not affect,-
(i) the previc-*, opetation of the said Act or anything done or duly SU%I c'cf
thereunder ; or 1
,

(ii) any right, privileges, obligttions or liabilities acquiced, accrued or


incurred under the said Act; or
(iii) any penalty, forfeiture or punishment incurred in respect of ;ny
offence committed.
(3) Notwithstanding the repal of the 1992 Act, the rates of tax on professiollq
trades, callings :tnd employments specified in the Schedule to the soid Act shall
continue to apply for the eriod commencing on the 1st day of April I992 and
P
ending with the 30th day o September 1998 for the levy and collection of such tax
for the said period where the tax due under that Act has not been paid for tbe said
period. )j
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

---

d
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." Chapter-V-A
!
.
'
A' i
.T&' on ~fofession;trodPItailing lild w2plo)lmnv.

6 ) a Government scrva~ltreceiving pa)- froln the rrvcnuc of tllc central


Government or a n y Statc Covn.nmcnt ;
( i i ) a prson i l l tile service of a bcdy a h c t ] e r iil(-Gr-pcratcdor
whic11 is owned r r colltrollcd by the Cctitral G o \ ~ e r n ~ ~<,r l ~any
n t Slae G ~ , , ~ ~ ~ -
l e n t , where such bodv 0Pe,,t, witlin tlu Corporation lintit 'vcnth9ugh ib
headquarter9 ]nay be outsldr the Corporaticn limit ; and

(iii) a prsOJ1 enwgcd In any e~~~nlorii;ent


by an elni-,:oy;r, covered by
sub-clauses (i) and (ii) ;

(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

( d ) "month" nicans a calendar month ;

(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.

RB .R ~ m n r k ~ u m B k 8 ~ A ~ " " ' mn - A W - R.


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Q14 TAMTL NADU GOVERNMENT GAZETTE b ~ k l r-
; i i t i K L ; l ~ * r \I'\-.
-- - -- -.-- -

(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.

(5) The tax lcviable from a firm,asscciatjon or Hindu undi\ii.fd f ~ n . i l rr ; >


be levied on any adult member cf tlie fir~n,~"~ssociiition
or family.

(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 :

Provided that s ~ c Cirector:


h p l n c r r r r, en.ber qha!l be IiatZ1ctc pay tcx iinc'.cr
this Chapter for the incrmc derivcd frcnl c t i i ~ r sources.

(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

(9) Every such rcttlrn ~hzll~acccnpnn!~ \\it11 tke prccf c f ~?~y~:,cn:


( 1' '1,
fill1 amcunt cf tax dcc acccrding to the r e t ~ r n2nd a return withc~t crck prcr ' r :
payment shall nct bc dccjned to have becn dilly filcci.

(10) Notwithstandtng anything cc ntain-d i 11 thc p: cvisc tc C L , ~ - S L C ~11~ C(b), the


Commissio~lcrnlay select ten per ccnt cf t t e tctal rrun.ker c f such a::es$n en1 il-
such manner as nlay be p ~ e s c r l h dfcr the p.urpc:c c l dctailcd sc~ctiny ~c-gaic.znp
the cor~ec-tnc~s cf tl;e l e t ~ ~xkr.-.itt(d
in by a Iiciscn i n ihis ccnnc,clicJI acd in SL ~ ; i
czscs final assc:sn,cnt cider :hall be paczcd in cccc~c'ancewiLhtlle p~cvirlcrqc l
this Cl?apter.

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.,\. *

any rct:irn s1113:1;iilc(! by him,

(12) E\'>ry perscii v>Ix is !I?.b!c t c ;?:Y l2u t : r t - I c thm :' .$


a person earning salary cr wage,-

(a) shall beiss,icd \kith a pass bcck c c n ' a ; n i ~ ? gclidt,:;:rb


\~ rt!ating t c . L , \ I ,
paylnent of tax as may 5c presciibed acd 1 - tl?c p a s bock i h i ~ s or t accidenl.,Iik
destroyed, tllc Con-missicnex n:ay, on :.n appliczticn made by the n
accorupa.anied by ~ u c hfee as n:ay be &xed b. the Co~~ncil, iss~:i, f o such prrscD ,:
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dupljcate of t lic pa$? bnc; k ,


I
(h) slzall bc alli.,:tcd n p.21mail:iit accju lit l~un,'xr an3 sti ell 9:rson shs Is,-

(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.

I 169-G. Appeci1.-- (1 ) Any person or employer aggricvcd by any ordcr or dccisioll


of the Commissioner in relation to thc payment of tax (including penally, fce and
interest) may,within such ti17:c :ts may be pr~sciibctl,appcai to the 'l'axz!ion Appeals
Tribunal,
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(2) The decision of the 'laxation Appe:ll. Tribunal sll;~llh< ! i 1 1 : ~ land sliall not
be qgastioncd in any court of law:

Provided that no sfich dccision shall be ~ r a d eexcept aftcr y l i l n g thc perbon


affected a. reasonable opportitnity of b5ng 11: tril.

(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 , ,;

169.1, HI.,, l n d . F L I V ~ K K ; .--(I) The Tam11'iadu Tar o n Pru!;:s,ions, Trades. T


,
.
: - ' .LJJ .4.;
C!all~n(f<and Employments Act. 1992 (hereafter i n this scction rcfcrrcd to as the 199.2 2.1 of 1992.
Act), in its application to th: City, is hereby repealed.
1 (2) TIErcpcnl of thc 1992 Act undcr sub-s:ction ( I ) 511:111 not :ifF:it, -
(i) the previo~tsoperation of t h ~said Act or anything done or duly j t ~ f f ~ r o ~ l
thereunder ;or
(ii) any right, privilegzs, obligations or liabilities acquired, accrucd or
incurred under the said Act ;or

(iii) any pcnalty, forfeiture or punishment incurred in respect of any oR'nce


committed.
(3) Notwithstanding the ~ e p e aof
l the 1992 Act,the rates of tax on professions,
trades, callings and employments specified in the Schedule to the said Act shall
continue to apply for the period commencing on the 1st day of April 1992 and
endil\g with the 30th day of September 1998 for the levy and collection of such tax
fot the said period where the tax due under that Act has not been paid for the said
period,

(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.

i l AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION


ACT, 198 1.
5. AfteriChapter V of the Coimbatore City Municipal Corgoratlon Act, 1981, Tamil Nadu
the following Chapter shal! be inserted, namely :-

- - . --
- -
- - ~ - ~ - - w . .
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TAMrL NADU GOVERhhlEhT GAZETTE EXTRAORDlNARY


I - -'*4

cr Chapter -V-A .
-
3 ,

Tax on profession, trade. calling and employment.


. . 169-A. DrJinitions.-For the purposes of this Chapter,- ,,
4
.,
.

.
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 :

(ii) a Person in the service of a body whether incorporated or not, which


,is owned or controlled by the Central Government or any State Government, when
such body operates within the Corporation limit even though its headquarters may
be outslde tile Ccrporation limit; and
(iii) a person engaged in any employn~entby an employer, not cov6rcd by
sub:clauses (i) and (ii);
(9
rr employer " in relation to an employee earning any salary on a r e a l a r
basis un er his mcans, the person or the officers who is lesponsible for disbnne-
ment of such salary and includes the head of the office or any establishment as well
as the Manager or Agent of the employer ;
$ .

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

1. Upto Rs. 21,000 .. . . Nil


I
2. Rs. 21,001 Rs. 30,000 Rs. 60
3. Rs. 30,001 Rs. 45,000 Rs. 150
4. Rs, 45,001 Rs. 60,000 Rs. 300
5. Rs. 60,001 Rs. 75,000 Rs. 450
6. Rs. 75,001 and above .. Rs.600
(3) he rates of tax payable under sub-section (2) slinll t e FI tl::I:cd by ihe
' Commsslona in such manner as mny bc. prescribed.
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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 1) J f no retvrn is stlblnitted by any person under sub-section (E) wi!kill t llc


prescribed peri~c!or if the return submitted by hi111 2.ppears to the C o m m ~ i s s i ~ ~ ~ r
to be incomplete or inccrrect, the Conunissior,er shell, after making such encluiry
as he may collsider t;ecessPry, t ~ ~ s esuch
s s person to tllc bdst c f his judgcmellt ;
Provided that before taking action undcr this sub-section the pc1sc.11 sllnlI
given a reasonable opportunity of provina the correctness or complcte~~css ul' any
return submitted by him.

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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


-- -
(b) shall be allotted a permment ~ ~ c o u number
nt and such 1,erson sllall-

(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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220
f
-------
. . - -
- ~ 9
- - - --- - -
~ ~ -
- .=.-.U-C - - - .
(2) Ths decihioil of t l ~ sTaxation Appeals TAibun.11 sha!' bc fi11~:l ;\nci ;:la11
not bc qdeqti~ncilin any court of law :
Provided that no such :!ecisicn shall be made cxcept after givi~~g
Lilt pcl.cn
affcctcd a rcnsonablo ~p?.~rtr!nitjof ot'itrg head.
'. 169-H. E x . ~ i ~ , ~ t i o n s . - N s t ! ~cor,t;ijned
i~~g in this Chapter sI::!11 ;,!,pl;. t:,-

(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.'',

(By order of the Governor.)


A . K. RAJAN,
Secretary to Government, Law Departmen'

--
- . . ---
- -
.--c.-
-
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0. 6291 CHENNAI, SATURDAY, SEPTEMBER 9,2000


Aavani 25, Vikkrama, Thiruvalluvar Aandu-203 1

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:-

ACT No. 26 OF 2000.

An Act further to amend the Laws relating to the Municipal Co~porations


andMunicipalities in the State of Tamil Nadu.

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,

(DTP)IV-2 EX. (629)-1


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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

AMENDMENT TO THE CHENNAI CITY

MUNICIPAL CORPORATION ACT, 1919.


Insertion of 2. After section 326-1 of the Chennai City Municipal Corporation Act, 1919, the
new section following section shall be inserted, namely:-
326-5.
of erection of certain hoardings.-Notwithstanding a n y h n g
other law for the time being in force, or in any judgment,
or other authority,-

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;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be


confiscated and removed by the Commissioner without any notice.".

AMEN~MENTTO THE TAMIL NADU DISTRICT MUNICIPALITIES


ACT, 1920.
Insertion of 3. After section 285-1 of the Tamil Nadu District Municipalities Act, 1920, the following
new section section shall be inserted, namely:-
285-J.
"285-5. Prohibition of erection of certain hoardings.-Notwithstanding anything
conklined in this Act or in any other law for the time being in force, or in anyjudgment, 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 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;

(ii) where any hoarding is erected in contravention of su -clause (i), it sh;fllbe


confiscated and removed by the executive authority without any notic .".

PART-IV

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION


ACT, 1971.

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.

"410-5. 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,-
I
( a ) (i) where any hoarding (other than trafficsign 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 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 amendmentAct), the Commissioner shall, by notice in writing, 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: I

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;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be


confiscated and removed by the Commissioner without any notice.".
-'- ,

8:

.i,4
1
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TAMIL ~ J A C I UGOVERNMENT GAZETTE EXTRAORDINARY

PART - V

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL


RATION ACT, 1981.
ln~crtiano f 5. ~ f t esection
r 4 10-1of the~oimrbatorecity ~ u n i a~ l o r a t i o n ~198
c t1, the following Tamil Nadll .
, new section section shall be inserted, namely:- Act 25 of
I 4 10-J. 1981.
"410-J. 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, tr~bunalor 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 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.".

(By order of the Governor)

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

(DTP) IV-2 Ex. (629)-2


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[Rcgd. NP. TNIChicf PMG-30112001.

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 5623 CHENNAl, MONDAY, AUGUST 20,2001


Aavani 4, Vishu, Thiruvalluvar Aandu-2032
A

i'. Part IV-Section 2


Tamil Nadu Acts and Ordinenccs.

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

ACT No. 10 OF 2001.


. I n ..lei Jr~l-/lm-10 onlend the Luivs re foti~rg-roMrr,7icipul Corporations and
M u n icipa fities in fhe Stole oJ Tatnil Nadu.

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.+[[.

Ah3ENDM EN'I'S 'r0 TI 1 E CI-IENNAI CI'TY MUN[ClPAL CORPORATION ACT, 19 19. -.


2. I n scction 5 4 - A o r the Chennai City Municipal Corporation Acl, I9 19 (hereafter in Amcndmcnt
' '
Tnriiil Nadu
' illis Pnrl relcrred l o as ihc I 9 19 Ac,). a f ~ e rub-rccticn
r (4). (lie rollowing sub-sections shall be ~ : - ~ c ' i O n
1019
addcd, namcIy:

"(5)'The trinl o r a l , efectior~puli~ionsllall, so far as is praclicable consistently with the


ili~crcsrot'jusrice in respccl 01' tlic trii~l.bc continued from day to day until irs conclusion,
unlcss rlle PrincipilI ludgc. City Civil Court. Chennai. finds rllc adjournment o f the trial
i ~ to be necessary for reasoils to bc recorded.
b e y o i ~ dthc F ~ l l o w i r day
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60 'TAMIL N A D U G O V E R N M E N T GAZE'lTE EX1'I<AOI<DINARY

(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.

Explanation.--For ttic purposc of Lhis sec~ion,"volingm a c h i ~ ~ cmcnlls


" ;uiy mncl~inc
or apparatus whelher operaled clcctronical!y or olherwise used for giving or recording of
votes and any rercrcncc to a bi~llotbox or ballot paper in his Act or the rulcs made thereunder
shall, save as otherwise provided, be const~;ued ns including a rercrence lo such voting
machine wherever such voting machine is uscd at any election.".

AMENDMENTS TO THE TAMIL NADU DISTRICT MUr\jICIPALITIES ACT, 1920.


Inscrlion of
new section
4. ACtcr section 43-C of the Tamil Nadu Districl Municipalilies Act, 1920 (hereafter in Tamil ~ n d ;
this Part referred
to as the 1920 Act), the iol!owing sccliori shall be inser~ed,namely:- Ac1 V of
43-D.
1970.
"43-D.Voting machir~ea( e1ecrions.-~otwitlistandin~ anytl~ingcontained in [his act or
the rules made thereunder, thc giving and recording o f votes by voting machines may be .
adopted in such ward or wards of a Municipality as thc Srate Election Commission may,
having regard to the circurnslanccs of each casc, spccify.
ExpIanalion.-For tt c purpose of this section,"votin~machine" means any machine
or apparatus whether operated electronically or otherwise used for giving or recording of
.votes and any reference to a ballot box or batlot paper in this Act or the rules made thereunder
shaI1, save as otherwise provided, be construed as including a reference to such voting
machine wherever such voting 111achine is used at any election.".
Amcndmtnt 5 . In section 5 1-A o r the 1920 Act, after sub-section (4), the Follorving sub-sections
of scc'ion shall be added, namely:-
51-A.
"(5) The trial of an election petition shall, so I j r as is practicable consistently with Ihe
interest of jusrice in respect of Lhe rial, bc continued tiom day to day until its conclusion,
unless the District Judge finds the adjourlln~entof the trial beyond the following day to be
necessary for reasons to be recorded.
(6) Every election petition shall he tried as expeditiously as possible and endeavour
shall be made toconcIude the trial within sixmonths from the darc on which the election petition
i s presented to the District Judge for trial.".

AMENDMENTS TO THE MADURAl CITY MUNICIPAL CORPORATION ACT, 197 1


Arnendrncnt
of section
60-A.
6. In seclion 60-A of the Madurai Cily Municipal Corporation Act, 197 1 (hereaficr in
this Part referred to as the 197 1 Act), a i m sub-section (4), thc following sub-sections shall be 19: '*
'I'amil Nadu
-lr

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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TAIMIL N A D U GOVERNMENT GAZETTE EXTRAORDINARY 61


- -----
(6) Every clccrion petition sllall bc lrjed as expcdiriousIy as possible and endeavour
shall be made to conclude Ihc trial w i ~ h i nsix 111otithsFrum ihc dace on which !he elcctioripetition
is presenled to thc Districr Judgc For trial.".

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.

Espln~m~inn.-Forthc purposc o f this sec~ion:'votii~~ inacliine" menns any machine


or appararus whether operated elcc~ronically or otherwise used for giving or recording of
votes and any reference to a ballot box or ballot phper in 1h;s Act or the rules made thereunder
shall, savc as othertvise provided. bc co~lsrrlredas i n c l r ~ d i n ga reference l o such voting
machine \~.hcrevers ~ r c l lv o t i i ~ gmaclli~lcis uscd at any elecrion.".

PART-V.

AMENDMENTS TO THE COlMBATORE CITY MUNICIPAL


CORPORATION ACT, 1 Q8 I.

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.

(6) Every elec~ionpetition shall bc tried as expeditiously as possible and endeavour


shajl be madc 10co~,c:uf.:the try?' withi115is rnonlhs from the (late on which (hc election petition
is prcsenlcd t u rllc District Judsc Tur ~riill.".

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.

"68-A, Iti~ling/)~ncfiine or ckctions.-Notwithsfanding anything contained in chis act


or l l ~ crulcs 111nt-lc~hcrcundcr.lhc g i v i n g and recordi~lgo r votcs by voting machines may be
adopted in s u c l ~r r i ~ r d ur wibrds of rhc Corporalion a s ~JicS I ~ C CE l c ~ ~ i oCommission
n may,
havinz rcgard l o lhc c i r ~ u m s r a ~ ~ co cf seach case, spccify.

Expfo)~nrion.-For the purpose of [his section,"voting machine" means any machine


or apparalus rvl~ctheropcratcd electronically o r otherwise used For giving or recording o f
votes and any refcrencc LO a bnllol box or ballot papcr in this Act o r the rules made thereunder
shall, savc as ollicr\vise pro\lided. be consrrucd as including a reference to such voting -
machine \\~hcreversuch voting machine is used at any election.".

AMENDMENTS TO THE TAMIL NADU URBAN LOCAL BODIES ACT, 1998.


Amcndmcnt
10. In section 9 o f [he Tamil Nadu Urban Local Bodies Act, 1998 (hereafter in this Part section
referred to as tllc 191 8 Act), in sub-scction (I),for the rxpressiou commencing with the words 9.
"any amendment, by way o f inclusion" and ending lyith !he words "Tamil Nadu State Election
Commission", the following expression shall be substilutcd, namely:-

"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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62 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


Inserrion of 1 1. Afier section I 0 of the 1998 Acl, the followirt~section shall be inserted, namely:--
new section
10-A.
"10-A. Voring !nuchine ar elections.-Notwithstanding anything contained in this act
'
or the rules made thereunder, the giving and recording of vorcs by votins machines may be
adopted in such ward or wards of a Municipali~yas the Tamil Nadu State Election Commission.
may, having regard to the circumstances o f each case, specify, I

Exp/rtalium-For the purpose of ibis sectjon,"voting machine" means any machine -

or apparatus whether operated electronically or athenvise used for giving or recording of


,. votes and any reference. 10 a baIlc31 box or ballor paper in this Acr or {he rules made thereunder
shall, save as otherwise providcd, be cons~ri~cd as including a ccfcrcnce lo 3irct1 voting
machine wherever such voting machine is used at any election.".
!
Arnendmrnt 12. In section 30 of rhe 1998 Act, after sub-section (4), the follo~vitlgsub-sections shall
Or scc'ion beadded, namely:-
30.
"(51 The trial of an election perilion shall, so b a s i s prlciicoble consistently wilh the
interest of justice in respecr of Lhe trial, be continued from day to day until irs conclusir>n,
unless the Principal Oistrict J u d ~ efind5 the adjournment of the lrial bey0r.d the following day
t~ be necessary for reasons to be recorded.

(6)Every elecrion peti!ion shall be tried as expcditiousIy as possible and endeavour


. e within sixmorIths frorn~hedareonwhich the election pclition
shall bernade t ~ c o n c l u d c t l ~trial
is presented to the Principzl District Judge for trial.".

(By order of the Governor)

M. BAULIAH,
Secreiary to Go~,ernmeri~,
Lnrr. Depa -fmcnr.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 91


----

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.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the


Fifty-second Year of the Kepublic of India as follows:-

PART-I

Shorf title and


1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendqent) commence-
Act, 200 1 . ment.

(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.

.4XIENUSIENTS 7 0 fHE TAMIL


NADU DISTRICT E!: ACT,1 9 2 ~ .
ML'NIC[PALITI
Amendment of
4. I n scction 49 of the Tamil Nadu Districr Municipaliiies ACT, 1920 (hercinaftw seclion 49.
referrcd to as thc 1920 Act),--
( I ) in su b-section( I ), for the exprcssion "while undergoing the sentence and for
five years Tram thc date of thc e:ipiration of the sentence", thc expression "while the
senterlcc i s ii: I'orsc 3 r d for six y.:;rrs from the date of thc expiration of rhe senicnce" shall
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92. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
. ,!
(2) in sub-section (1-A), for the expression "five years" , tkc cxpression
"six years" shall be subslituted;
'(3) after sub-section (Z), the following sub-section shall be added, namely:-
"(2-A) If the Tamil Nadu State Election Commission is satisfied t l ~ aa ~
person,-
(a)has failed tn lodge an account of election expenses within the time and
in the manner required by or under this Act, and

(b) bas no good reason or justification for the failure,

- 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:-

"(5) If theTamil Nadu State Election Commission is sa:isfied that a person,-

(a) has failed to lodge an account of election e x p e ~ ~ s ewithin


s the (ime
and in the mamer required by or under this .4cr, and-

I (b) has no good reason or justification for the failure,

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;

(3) alter sub-section ( 5 ) , the following sub-sectionshall be added, namely:-

"(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".

(By order or /he Governor)

M.BAULIAH, -.

Secretary to Government,
Law Department.
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8th April 2002 and is hereby published for gene*,: ;qformation:-


d

ACT No. 4 OF 2002.


An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
BE it enacted by the Legislative Assembly of th'e State of Tamil Nadu in the Fifty-third Year of
the Republic of India as follows:-

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.

(By order of the Governor)

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.

V2-A. Disqualification for Mayor, Deputy Mayor and councillor.-


Notwithstanding anything contained in this Act, no person shall be qualified for
being elected as, and for being, a Mayor, Deputy Mayor or councillor if L t is a
member of the Legislative Assembly of the State or a member of e~,:.sr House of
Pcrliament.".
PART-111.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.
3. In the Madurai City Municipal Corporation Act, 1971 (hereinafter referred ~ ~ ~ i 0newn 0 f
o"":' sectton 56-A.
to as the 1971 Act), after section 56, the following section shall be inserted, namely:-
"56-A.Disqrralification for Mayor, Deputy Mayor and coirncil1or.-
Notwithstanding anything contained in this Act, no person shall be qualified for
being elected as, and for being, a Mayor, Deputy Mayor or councillor if he is a
member of the Legislative Assembly of the State or a member of either House of
Parliament.".
I
PART-IV.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.


4. In the Colmbatore City Municipal Corporation Act, 1981 (hereinafter referred In~e~ttonofnew
to as the f981 Act). after section 58. the following section shall be inserted, namely:- Section58-A

"58-A. Disql:alification for Mayor, Deputy Mayor and councillor.-


, Notwithstanding anything containhd in this Act, no peiscsn shall be qualified for being
elected as, and for being, a Mayor. Deputy Mayor or counc~llorif he is a member of
the Legislatne hbsemhly of the State or a member of eith:r House of Parliament.".
PART- V.
AMENDMEN T f 0 THE TAMIL PJAW LIISTNCT MtINICIPALITIES ACT, 1920.
5. In the T'amil Nadu Ilistrict M~lnicipalititsAct. 1020 (hereinafter referred to Insenionofnew
"' as the 1920 Act), after section 49, the following section shall be inserted, namely:-- sectton 4 9 4 .

"49-.1. IEisqrrnl~firetiort for chajrman, vice-clrnirnart a r ~ dcorrncil10r.--


Notw~thrt~tltltnganyth~rlg contained in this Act, no person shall be qual~fied for
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140 TAMIL NADU GOVERNMENT GAZE I"Lb EXTI;AOKI)iNARY


---- - ----- -. ---

being elected as, and for being, a chairman, vice-chairman or councillur of a


municipality or of a town panchayat if he is a member of the 1.egislatii.e Assembly
of the State or a member of either House of Parliarnent.".
PART-VI.
SPECIAL PROVISlON
Mayor, Deputy 6. Notwithstanding anything contained in the 19 19 Act, the 197 1 Act. the 198 1
Mayor. . Act or the 1920 Act, as amended by this Act, or in any other law for the time bc;ng
chairman,
vice-chairman in force or in any judgment, decree or order of a court, if a member of the Legislative
and councillor Assembly of the State or a member of either House of Parliament holds the office
to cease to of Mayor, Deputy Mayor or councillor of a municipal corporation or chairman, vice-
hold oftice chairman or councillor of a municipality or of a town panchayat immediately hefore
-under certain.
circumstances. the date of publication of this Act in the Tarnil N d l r Governntent Cozetto, he shall
cease to hold such office at the expiration of fifteen days from the date of such
publication and such office shall become vacant. unless he ceases to be a member
of the Legislative Assembly of the State or a member of either House of Parliament
before the expiry of the said period of fifteen days, by resigaation or otherwise.

(By order of the Governor)

A, KRISHNANKUTTY NAIR,
Secretary ro Government,
L ~ HDcprrra~ait.
J
LatestLaws.com
> .
. -----

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.

"358-A. Penal&for firilur to obtuin per7nission of State Govemrtlentfor foreign trip.--


W h o ~ v e rundertakes a trip to any foreign country in violation of section 25-B shall
be punished with fine which may extend to one thousand rupees.".

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

"25-A. M q ~ o r ,Deputj* McI?'o~or ~ouncillorto ohruin permission to irndertiike


trip to joreigrz col~nrr:v.-No person holding the office of Mayor, Deputy Mayor or
councillor shall undertake any trip to any foreign country i l l his official capacity as
such, except with the permission in writing of the Governn.~ent.".
5. In the 15171 Pct, after section 443, the followit~gsection shall be inserted, lnsertionofne\v
section 142 .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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150 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


i

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:-

"314-A. Perrcrltj* for failirre to obtriirr perinissiorr of Stcitt~ Go~~errinrertt


for
i
foreign trip.-Whoever undertakes a trip to any foreign country in violation of
section 12-BB shall be punished with fine which may extend to one thousand ri~pees.".

(By order of the Governor)

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

AMENDMENTS TOTHE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.


2. frl section 326-B ofthe Chennai City Municipal Cotporation Act, 19 19 (hereafter Amendment of
in this ,Part referred to as the principal Act), in sub-section ( I ) , for the expression
,326-6. ..
ommi missioner", the expression "District Collector" shall be substituted.
3. In section 326-C of the principal Act,--- - Amendmedt 'of
Section' '
(1) for the expressiori "Cotnhissioner", in three places where it occurs, the
326-C.
expression "District Collector" shall be substituted;, z. ,:; t..rrlt

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

1 Hoar dtngs In at tel.tul road tth buh r oure


(I/) \i~tlioutI~ghttng
' ( b ) wirh ordinary lighthe
(0 ~ i i l l ncon
i ur mcrctrly Irgllt~ng
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LatestLaws.com

,sqlrclr.c rircltr-cJp t r i '


/1~/If',l~i~f/l~.
tRli/)c,c~.\).

(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

3. Hoardings in other road or street--


((I) \\,itllout Iigliting
(11) with ordinary lighting
((3) ivit11 neon o r lilerctlry lighting
(2) Seventy-five per cent of the tas paid by every person. ~ ~ l i dsub-section
er (I)
shall be crcJlitedto tlic State Governnirnt account and the balance o f t\~.entv-fi1.eper cent
shall bc c ~ . ~ t i i ~loc ~Iic
d ('orl>o~.;ltitln i l l sucll 11ianllc.r as may bc prcscribcil.".
;~ccou~lt
Amendment of 5. In section 326-D of the principal Act, for the expression"Coniniissioner", ill two
wtim 326-1). places w1iel.e i t occurs, the expression "District Collector" sliall be substituted.
Amcndmc~il of 6. In section 3 2 0 - 1 of thc principal Act, for the expression "Conimissioner", the
sccli(ln 320-E. expression "District Collector" shall be substituted.
Anicndme~itof 7. In section 326-F of the principal Act, for the expression "Conin~issioner",in two
section 326-1'. places where it occurs, the expression "District Collector" shall be substituted.
Atmdment of 8. In section 326-H df the principal Act,--
.Section 326-H.
{I) in sub-section ( I ) , - -
( ( I ) for the expression "Standing Committee", the expression "State
Government" shall be substituted;
. -
(b) for the expression "Cornnlissioner", the expression "District Collector"
+. ,

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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93

"285-CC. Tns on arlver-tisernent om Itotrrrling.~-- ( I ) Notwithstanding allything


X
contained in this Act, every person, who is granted licence under section 285-C shall payb
o? ev~ry~?dve{fi$ement on hoardings, a tax calculated at such rates as may be prescribed,
,, , ,. t:,

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 '

# ! I ,.,, <, ,,,,: '. , THE TABLE ~ ~ I J I ~ = J > aF ~


ifikl
k
~>

., , 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

(b) with ordinary lighting


(c) with neon or mercury lighting
3. Hoardings in other road or street-
1 ((I) without lighting SC) 100
1 1

(b) with ordinary lighting

X (c) with neon or mercury lighting 70 250

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

- in othei road or street -


3. Hoardings
(tr) without light~ng ,20 60
( h ) with ordinary Iightiiip X) 120
( c ) with neon or mercury lighting a 150
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04 TAMI!,NADU G O V E R N M E N ' T GAZL'lTF: EXTKAOKDINARY


--

(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

(b) for the expression "executive authority", the expression "District


Collector" shall be substituted;
(2) in sub-section (3), for the expression "Taxation Appeals Cornlittee", the
expression "State Government" shall be substituted.
Anicndmcnt of 17. In section 285-5 of the principal Act, for the expression "executive authority", in
Swtio~i285-J. four places where it occurs, the expression "District Collector" shall be substituted.

..
PART-IV

AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPOR~TION


AO,1971.
, .
Amend~ncntof 18. In section 410-B of the Madurai City Munic~palCorporation Act, 1971 (hereafter
Secrlon 410-B in this Part referred to as the prtncipal Act), in sub-section ( l ) , for the expression
"Corniiss~oner",the expressloll "D~strictCollector" shall be substituted.

Amendment of 19. In section 41 0-C of the principal Act,-


Sect~on410C
(1) for the expression "C'omn~~ss~oner",in three places where it occurs. the
expression "D~stnctCollector" shall be subst~tuted,
(2) after sub-scctton ( A ) , the followtng sub-sect~onshall be added, namely:-

"(5) The fee patd under sub-sect~on( 1 ) shall be credtted to the


Government accoitnl In such manner a5 may be p ~ c s c r ~ b e"d
Insert~on o f 20. After section 41 0-C' oftlie pr~nctpalAct, the following sectton shall be ~nserted,
ne\\ bectloll
namely: -
4 10-CC
"4 10-('(1. 7ir.r oil rrtlvor.~i.sc~r~i~~n~
on Irotlriliiigs; .- ( 1 ) Notwithstanding anything
containecl i l l this Act. e \ w y pcsson. \\,ho is grantcd licetlcc. ttnder section 4 1 0 - ~ s t 1 ~pay,
ll
on every adcertiscnient on hoartlit~gs.a tax calculated at'such rates a s m i y bc PI-cscrihccl.
having regard to t l i location. size. reach and nature of' the advei-tisemellt but sub.iect to
the masima ant1 1lii11i111aspcci1'ic.d in IIIC l'ahle bclo\\.: . . .
. . . ' . . . ( I . ,
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'TAMIL NADlJ G O V E R N M E N T GAZETTE ESTKAOII.DII'JARY


- 05
- .I

fdoctrlir)niclnil Nrrflrrr Hrrtr.\ of ttrs ,r~er


F /r,t1tr.epcr'
.scl~rrrr~r
Illll/ 19c.trr
I
(RII/)~Y.\)
.J
(1) (2)

Q 1 . Hoardings in arter~alroad w ~ t hbus route--


(N) without lightiilg
Mtntmutli

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:

24. In section 4 10-H of the principal Act,-- Anicndnient of 1


( 1 ) in sub-section (l),- - Ji0-1l

( t i ) for the expresslon "Standing Committee". the exprzsslon "Government"


shall be substituted;-

I
( h ) for the expresston "Commissioner".-tlu: exptesslon "l)~strtctZollector"
i. shall be substituted;
G

(2) in sub-section (3). for the evpressiot~"Stantl~ngConlnltttee". tile expression


, r,
"Gckirnment" shall be substituted.
7 5 . In section 4i0-Jof the princlpal Act. fo+ths expresston "('ohmitssioher'*, tn four r'nx"dnKn'
Ca . secbon 410-.I
places :where it occurs, the exgresslon "D~strictCollector" shall be substiti!~ed.
k ; . f , + , -- : 2 , , .. f 8 ' . I . . , . ' ' c.,7.< - I
k !, .<iy,.;...3 .z~: g',.': ,.. :*.* , ..*. '" , . ' ,. *. . i r .. jf(

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

(c)nith neon or Inelcut y I~ghting


(2) Seventy-five pel cent of the tax p a ~ dby every person, under sub-sect1011( 1 )
~lhallbe cred~tedto the Government account and the balance of twenty-five per cent shall
be credited to the Corporation account In such manner as may be prescribed.".

- -- -- - - _ -__
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P r,w
<'U
U r, l b I t"

J I o- I)

30. I11 sect1011410-E of the p r ~ n c ~ p Act,


a l for the expressloti "('onlmiss~oner". the of
expression "District Collector" shall be substituted sectloll
4 10-I-
3 1. In sect~on4 10-F of the principal Act. for the expresston "Con~niisstoner",in two
Amelidtnent of
places where tt occurs, the expresston "D~strlctCollector" shall be substituted.

32. In sectlon 410-Hof the prtnctpal Act,- Amer~dn~entof


\et tlon
( 1) in sub-section ( I),- 4 10-H
(a) for the expresslon "Standtng Cornnuttee", the expresston "Government"
shall be substituted;
(6) for the expresslon "Comrn~sstoner", the expresstotl "D~strlctCollector"
shall be substituted;
(2) in sub-sectlon (3), for the expression "Standtng Committee", the expression
"Governn~ent"shall be substltuted.
33. In section 410-J of the principal Act, for the expresston "Cornmissloner", In four h-1endmcn1 of
sectlon
places where it occurs, the expression "District Collector" shall be substituted. 4 10-.I.
PART-Vl
SPECIAL PROVISIONS -

,, 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.

(By order of the Governor)

A. KKISHNANKI Il'TY NAIR


Src r.c~ttrr:r to Gol-er.r~~rrerr/.
L - r r ~ ~D~~pirr~nrertt
f

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:-

ACT No. 33 OF 2003.


An Act further to anlend tlte laws relating to the Municipcrl Corporations a n d
Municipalities in the State of Tumi! Nadu.
k BE it enacted by the Legislative Assembly of the State of Tamil Nadu In lhc Flfty-fourth
Ci Year of the Republ~cof India as follows:-
8

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.

AMENDMENT T O THE CHENNAI CITY MUNICIPAL CORPORATION


ACT, 1919.
bl Nadu ~ c t 2. After section 255 of the Chennai City Municipal Corporation Act, 1919, the following lnsertion of new
kor 1919 section shall be inserted, namely:- section 255-A.
"255-A. Provision of Rain Water Harvestiilg Structure.-41) In every building owned or
occupied by the Government or a statutory body or company or an institution owned or controlled
by the Government, rain water harvesting structure shall be provided by the Government or by such
statutory body or company or other institution, as the case may be, in such manner and within such
time as may be prescribed.
(2) Subject to the pmvisioi of sub-section (I), every owner or occupier of a build~ngshall
provide rain water harvesting structure in the building in such manner and within such period as
may be prescribed.
,I I

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

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT,


.. 1920.
' <
ladu A C ~ 3. After section 215 of the Tamil Nadu Districf Municipal~t~es
Act, 1920, the following lnsertion of new
920 section shall be inserted, namely:- section 2 15-A.

"2f5-A Provrsion oJHarlr Water Iltrri~esfrrrgS//.~rcllrrc--(I) In cvery bu~ldrngowned or I


occupred by the Government or a statutory body or a company or an tnstttutlon owned or controlled
by the Government, ratn water harvesttng structure shall be prov~dedby the Government or by such
statulory body or company or other tnstttut~on,as thc case mJy bc, In such manncr anti w~thtnsuch
i
runic as may be prescr~bcd
1
,I
(2) Subject to the provlslohs of sub-scct~on( 1 ), cvcry owncr or occuprer of a build~ng
I shall provide rrinwater harvcstiny structure In thc butld~rlyIn such itianncr and w ~ t h ~such
n pcr~od
! as may be prescrlbcd

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

A M E N D M E N T TO THE MADClRAl CITY RlUNlClPAL CORPORATION


I ACT, 1971.
1 Insertion of new 4 . After section 295 o f the Madurai City Municipal Corporation Act, 197 1, the lalilll Nadu
section 295-A. following section shall be inserted, namely:-
Sft.lrcrtrl.e.---(1) In every building
"295-A. Provisioti qf'R~irrIV[rter.l~clrvesrir~g
owned or occupied by the Government or a statutory body o r a company o r an
institution owned o r controlled by the Government, rain water harvesting structure
shall b e provided by the Government or by such statutory body or conlpany or other
institution, a s the case may be, in such manner and within such time as may b e
prescribed.
(2) Subjcct to the provisions of sub-scction ( I ) , cvcry owner or occupier of a
building shall provide rain watcr harvesting structure i n the building in such manner and
within such period as may he prescribed.
Explanntion..-- Where a building is owned o r occupied b y more than one person,
every such person shall be liable under this sub-section.

' ,

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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(2) Subject to the provisions of sub-section (I), every owner or occupier of


a building shall provide rain water harvesting structure in the building in such manner
and within such period as may be prescribed.
Erp1anntion.--Where a building is owned or occupied by more than one person, every
I .
such person shall be liable under this sub-section.

(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,

(By order of the Govcrnor)

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:-

. AZT .:41 22 OF 2004.


An Act further to amend the Tamil Nadu District Municipalities Act, 7920.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fifth Year
of the Republic of India as follows :-
I.( I ) This Act may be called the Tamil Nadu District Municipalities (Amendment) Act, Short title and

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.

(By order of the Governor)

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:-

ACT No. 24 OF 2004.


An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fifth
Year of the Republic of India as follows :-

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.

(By order of the Governor)

L. JAYASANKARAN,
Secretary to Government-in-charge,
Law Department.
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TAM.IL NADU GOVERNMENT GAZETTE EXTRAORDINARY 33


--- -.

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 :-

ACT No. 18 Of 2006.

An Act further to amend the laws relating to the Municipal Corporations


and the Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the


Fifty-seventh ,Year of the Republic of India as follows:-
PART I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Law$ (Amendment) Shorr litk and
Act, 2006. comrnence-
rnent.
(2) It shall be deemed to have come into force on the 14th day of
July 2006.
PART 11.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL COFtPORATlQN ACT, 1919.
Tamil Nadu 2. For Sections 28 and 29 of the Chennai City Municipal Corporation Act, 1919 Substitution of
sections 28
Act I V of (hereinafter in this Part referred to as the 1919 Act), the follawi~qsections shall and 29.
1919 be substituted, namely:-
"28 Election of Mayor and Deputy ma yo^-(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 to be the Deputy
Mayor.
(2) A Deputy Mayor on being elected as Mayor shall cease to be the
Deputy Mayor.
29. 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 t ~ ethe councillor.
(2) On the occurrence of any vacancy in tW Office of Mayor or Deputy
Mayor, the council shall, w~thinsuch time as may be prescribed, elect a successor,
who shall be entitled to hold offide so long as the person in whose place he IS
elected would have been entitled to hold it if the vacancy had, not occurred.
1

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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 85
--- - --- --- .-- - --- -- -
(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 major~tyas aforesaid, or if the


meeting cannot be held for want of a quorum, no notice of any subsequent motion
expressing want of confidence in the same Mayor or the Deputy Mayol- sliall be
received until after the expiry of six months from the date of the n ~ e e t i ~ g

(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.".

"councillor or Mayor", the word "councillor" shall be substituted.


I
5. 1r1section 59 of the 1919 Act, in sub-section (2), in clause (c), for the words

I
6. In section 348 of the 1919 Act, clauses (a) and (b) shall be omitted
Amendment of
sect~on59.

Amendment of
section 348

AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION


ACT, 1971.
Tam11Nadu 7. For sections 29 and 30 of the Madurai City Municipal Corporation Act, Subst~tutionof
l 5 Of sections 29
1971(hereinafter in this Part referred to as the 1971 Act), the following section$
1971 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 to 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 hcld office for a period of five years from the date of his
election provided that in the meantime he does not cease to be the councillor.
(2) On the occurrence of any vacancy in the office of Mayor or Deputy
Mayor, the cou~lcilshall, within such time as may be prescribed, elect a successor,
who shall be entitled to hold office so long as the person in whose place he is
elected would have been entitled to hold it if the vacancy had not occurred.
(3) A Mayor or a Deputy Mayor shall be deemed to have vacated his office
oh his becoming disqualified for holding the office or on his removal from off~ceor
on the expiry of his term of office or on his otherwise ceasing to be the Mayor or
Deputy Mayor, as the case may be.".
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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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - 87


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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.

(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 subsequent motion
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 meetrng.

(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 + , ,

50-c. "50-B. Sfate Government to remove ~ a l o or r ' ~ e & t ;~~. a y o r - ( l )The


State Government may, by notification, remove a Mayor or a Deputy Mayor, .who
in their opinion wilfully omits or refuses to carry out'or disobeys the provisions of
this Act or any rules, by-laws, regulations made or lawful orders issued under this
Act or abuses the powers vested in him. . I I \

(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.".

words "councillor or Mayor", the word "councillor" shall be substitu ed.

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
-3
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
!
I

(ii)cancel or modify a notification issued under sub-section (I); or


(iii) alter the name of the panchayat town specified under clause
(b) of sub-section (1).
(d) Before issuing a notification under clause (a) or under clause (b)
read, with sub-section (1) or under clause (c), the Governor shall give the town
panchayat or town panchayats which will be affected by the issue of such notification,
a reasonable opportunity for showing cause against the proposal and shall consider
the explanations and objections, if any, of such town panchayat or town panchayats.
(4) Any rate-payer or inhabitant of such area or any town panchayat
concerned may, if he or it objects to any notification under sub-section (1) or
sub-section (3),appeal to the High Court within such period as may be prescribed.
3-Q. Constitution of town panchayats.-(1) Save as provided under
sub-section (2),every town panchayat shall consist of the elected members as
determined under section 3-X.
(2) The following persons shall be represented in the town panchayat.
namctly:-
(a) the members of the House of the People and the members of the
State Legislative Assembly representing a constituency cowprisrng,the whole or
"
any part of the town panchayat; and
.
I

, L \

, . I , 1
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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 ~ )
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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:
'

that no person shall be eligible to be elected under this Act as a


ore than one town panchayat.

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

pancliayats in the State. ..aa


,' 'i - 4 t , t- <e -..
( b ) The office; of the chairmen of the town-'pa'nchayats shall be
resented for women belonging to the Scheduled Castes and'the Scheduled Tribes
from among the offices reserved for the persons belonging'to tkie scheduled
Castes and the Scheduled Tribes which shall not be less,than ope-third of the total
number of offices reserved for the Scheduled Castes andhthe ,Scheduled Tribes.
T 4
. I

(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
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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,.,

such ordinary election. .


I
".

(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
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(2) Subject to the provisions of sub-secti~n(I),


the provisions of this Act
and the rules made thereunder shall apply to the town paochayat referred to rn

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.

20. In section 8 of the 1920 Act,-


section 8. , '
, s j

( 1 ) in the marginal heading, for the expression. uchairmanor quncillors",


the wgrd 'councillorswshall be substituted: " i .;
(2) in sub-section ( 1 ) , for the expression 'chairman and councillors", the
word 'councillors* shall be substituted;
(3) in sub-section (2), for the expression *chairman and councillors", the
word 'councillorsw shall be substituted;
(4) sub-section (2-A) shall be omitted;
(5) in sub-section (3), for the expression "The chairman or a councillor",
the expression 'A councillorwshall be substituted;
(6) in sub-section ( 4 ) , for the expression "The chairman or a councillor",
the expression 'A councillor" shall be substituted;
(7) in sub-section (5),for the expressions "The chairman or councillor" and
'The chairman or the councillor", the expressions "A councillor" and 'The councillor"
shall, respectively, be substituted.
I" Amendment of 21. In section 9 of the 1920 Act.-
section 9.
( I ) in the marginal heading, for the expression "chairman or councillor".
the word 'councillor" shall be substituted;
(2) in sub-section (I), for the expression "chairman or councillor", the word
"councillor" shall be substituted;
(3) in sub-section (3), for the expression "a cRairman or a councillor
elected under sub-section ( I ) " , the expression "a councillor elected under this
section" shall be substituted.
:
i Amendment of
sect~on12
22. In section 12 of the 1920 Act,--
I ( 7 ) before sub-section (3), the following sub-section shall be inserted,
I
namely:-
I
/ "(2) Every council shall elect one of its members to be its chairman.";
(2) for sub-section (4). the following sub-section shall be substituted.
namely:-
"(4) A chairman shall be deemed to have vacated his office on the
expiry of his term of office as a councillor or on his otherwise ceasing to be the
councillor.".
Amendment of 23. In sectlon 12-A of the 1920 Act, includtng the marginal heading. for the
sectton 12-A expression "vice-chairman", occurring in two places, the expression "chairman or
vice-chairman" shall be substituted.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 95
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24. For Section 14 of the 1920 Act, the following section shall be substituted, Substitution of
namely:- section 14.

"14.Tlie chairman to be member of every committee of the council.-The


chairman shall, by virtue of his office, be a member of every committc?e of the
council.".
25. In section 30 of the 1920 Act.-- Amendment of
section 30
(1)in the marginal heading, for the expression "chairman and c~uncillor",
the word "Councillor" shall be substituted;
(2) in sub-section (I),for the expression "chairman or councillor", the word
"councillorn shall be substituted.
26. In section 40 of the 1920 Act, including the marginal heading, for the Amendment of
expression "vice-chairman", wherever it occurs, the expression "chai;man or vice- section 4 0
chairman" shall be substituted.

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 -
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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(

1 (a) in the opening part,-

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'

(By Order of the Governor.)

S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Depadment.
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I 216 TAMIL NADU GOVERNMENT GAZETTE- EXTRAORDINARY ---


I The following Act of the Tainil Nadu Legislat~ve Assembly received the
I assent of the Governor on the 16th December 2006 and IS hereby published for
Ii
1i general information.--

ACT No. 35 OF 2006. *

1 i An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
I

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the


Fifty-seventh Year of the Republic of India as follows :-
Short title and 1. (1) This Act may be called the Tamil Nadu District Municipalities (Amendment)
commence- Act, 2006.
merit
(2) It shall be deemed to have come into force on the 25th day of October 2006.
lnsert~onof 2 After section 3-GG of the Tamil Nadu D~strictMunic~pal~tles Act,1920 (hereinafter Tam11Nadu
new section referred to as the prrncipal Act), the following section shall be inserted, namely.- V of 1920
3-GGG
"3-GGG. Appointment o f Special Officer i n certain circumstances.--
(1) Notwithstanding anything contained in this Act, or in any other law for the time bang
in force, in respect of Koothappar town panchayat in Tiruchirappalli District, which coirld
1101 bc c o ~ ~ s t ~ l tor1
~ l uIIh!
t l ;'!ill! (lily of Oc:loL~c.~200(i, c?v1,:11;if1~?1roso~llngto clccliori ptocc?ss.
the Government may, by notlfrcation, appoint Special Officer 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 officc only for
six months from the date of his appointment or for such shorter perlod as the Government
may, by notification, specify In this behalf"
I
I Re~ealand 3. (1) ,The Tamil Nadu District Mun~cipalities (Amendment) Ordinance, 2006 is Tam11Nad~.
I savlng Ordlnancc
I
6 of 2006
such repeal, anything done or any action take11under the
1 principal Act, bs amended by the said Ordinance, shall be deemed to have been done or
taken under ttie principal Act, as amended by this Act
I

(By order of the Governor)

S . DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Department.
__ _.
- .
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.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:-

ACT No. 37 OF 2007.


An Act further to amend the laws relating to the Municipal Corporations and the
Municipalities in the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fifty-eighth Year of the Republic of India as follows:-

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.

AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.


2. In section 44-AC of the Chennai City Municipal Corporation Act, 1919,- Amendment of
section
(1) in sub-section (2), for the expression "not less than one half of the 44-AC.
sanctioned strength", the expression "not less than three-fifth of the sanctioned
strength" shall be substituted;
(2) in sub-section (12), for the expression "not less than three-fifth of the
sanctioned strength", the expression "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 notice 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.".
3. Any motion expressing want of confidence in the Mayor or Deputy Mayor made Abatement of
under section 44-AC and pending before any officer, authority or the Government, no
as the case may be, as provided in section 44-AC, immediately before the . confidence
commencement of this Act, shall abate. motion. "

AMENDMENTS TO THE MADURPI CITY MUNICIPAL CORPORATION ACT, 1971.


du 4. In section 48-A0 of the Madurai City Municipal Corporation Act, 1971,- Amendment of
rf section
48-AB.
(1) in sub-section (?), 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 substituted;

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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164 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


--
(3) in sub-s*ction (13), for the expressicn "six months", the expression
"one year" shall be substituted;
(4) for sub-section (14), the following sub-section shall be substituted, namely:-
"(14) No notice of a motion under this section shall be re;eived,-
(i) within one year c f the assumption of office by; or
(ii) during tne last year of the term of office of,
a Mayor or a Deputy Mayor.'.

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.

AMENDMENTS TO THE COIMBATORE CITY MlJNlClPAL


CORPORATION ACT, 1981.
Amendment of 6 . In section 50-C of the Coimbatore City Municipal Corporation Act, 1981,-
section 50-C.

(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.

AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICII'ALITIES ACT, 9920.


Amendment 8. In section 40-A of the Tamil Nadu District Municipelities Act, 1920,-
of section
40-A.
(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 substituted;
(2) in sub-sectio~i(12), for the e x p l e s s ~ o ~
nut
~ less than three-fifths of the
sanctioned strength", the expression "not less than four-fifth of the sanctioned strength"
shall be substituted;
(3) in sub-sect~on (13), for the expression "six months", the expression
'one year" shall be substrtu:ed;
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"(14) No notice of a motion under this section shall be received,-


(i) within one year of the assumption of 2ffice by; or
(ii) during the last year of the term of office of,
a chairman or a vice-chairman.".
9. Any motion expressing want of confidence in the chairman or vice chairman Abatement of
made under section 40-A and pending before any officer, authority or the Government, no
as the case may be, as provided in section 40-A, immediately before the commencement confidence
of this Act, shall abate. motion.

10. (1) The Tamil Nadu Municipal Laws (Amendment) Ordinance, 2007 is hereby Repeal and
saving.

(By order of the Governor)

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:--

ACT No. 9 OF 2008.


An ~~t funher to amend the h w s relating to the Munkipal Cofporafions
and tl7e Munjcipa(itles in the State o f Tamil Nadu.
BE it enacted lly ?he Leglslat~be Assembly of the State at Tamil Nadu In the
Fifty-n~nth {ear of the Repi~blicof India as follows:-

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.

AMEND JiENT TO THE TAMIL NADU DlSf13Icl-


MUF.iICI"ALITIES ACT, 1920

5 In 1I1(: Tamil Na:lu Act, 1920, sqcrlons 40430 and


i j r s l r ~ ~Munic.~[)al~lles
t Omlsslonof
313-A shall be o r r l ~ l t o ~ j sections
40-88 and
3 14-A
(HY order o! the Governor)

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:-

ACT No. 24 OF 2008.


An Act further to amend the laws relating to the Municipal Corporations and the
Municipalities in the State of Tamil Nadu.

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

AMENDMENTS TO THE M A D U W CITY MUNICIPAL CORPORATIONACT, 1971.


u Act 6. In section 410-C of the Madurar Clty Munic~palCorporation Act, 1971, (hereinafter Amendment
'1 in t t i s Part referred to as the principal Act), in sub-sect~on ( 5 ) , for the expression of sectlo"
"Government account", the expression "Corporat~on account" shall be subst~tuted. 410-C

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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TAMIL N A N GOVERNMENT GAZETTE EXTRAORDINARY 137


-

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:-

ACT No. 35 OF 2008.

An Act further to amend the laws relating to fhe Municipal Corporations


and the Muni~ipalitiesin the State of Tamil Nadu.
B E ~t enacted by the Legrslat~ve Assembly of the State of Tamil Nadu in the
F~fty-n~nth
Year of the Republ~cof lndla as follows -
PART -I
PRELIMINARY.

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

AMENDMENT TO THE CHENNAf ClTY MUNICIPAL


CORPORATION ACT, 1919.
ri Nadu 2. After section 58 of the Chennar Crty Munrcrpal Corporation Act, 1919, the followrng Insertion of
sectlon shall be Inserted, namely - ne N
Uol 1919 sectton 58-A
58-A Grant of p a ~ dholiday to employees on the day of poll-(1) Every person
employed ~n any busrness, trade, rndustrial undertaking or any other establishment and
entltled to vote at electron to the corporatron shall, on the day of poll, be grantej a
holrday
(2) No deduction or abatement of the wages of any such person shall be made
on account of a holiday having been granted in accordance with sub-section (1) and
if such person is employed on the basis that he would not ordinarily ieceive wages for
such a day, he shall nonetheless be paid for such day the wages he would have drawn
had not a holiday been granted to him, on that day.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2):
then such employer shall be punishable with fine which may extend to five hundred
rupees.
(4) Tllis seclron shall not apply to any elector whose absence may cause danger
or substantial loss In respect of the employment rn whrch he is engaged.".

PART - Ill

AMENDMEN? TO THE MADURAI ClTY MUNICIPAL


CORPORATION ACT, 1971.
3. After sectlon 65 of the Madural Crty Municipal rorporation Act, 1971, the following lnsert~onof
section shall be tnserted, namely - new
sectton 65- A
'65-A Grant of p a ~ dhol~dayto employees on the day of poll--(l) Every person
employed In any busrness, trade, rndustrral undertakrng or any other establrshment and
ent~tledto vote at electlon to the corporation shall, on the day of poll, be granted a

( 2 ) No deductron or abatement of the wages of any such person shall be made


or) ; ~ c c o ~ tof
~ l t;I liolrdny Iiavlnq bean granted In accordance with sub-sectron (1) and
~ C C ~ I Vwages
11 s11c.11I)I~~!;OII1s c!rrlr)loyc:(l OII It10 t);lsls tIia1 h(: w0~11(11101 ord~~wrily C lor
such a day, he shall nonet"l1ess be pard for such day the wages he would have drawn
had not a hollday been granted to hrrn, on that day
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138 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY


(3) If an employer contravenes the provisions of s u ~ s x t b n(1) or sub-section (2).
then such employer shall be punishable with fine which may extend to flve
1) (~ndredrupees.

(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

AMENDMENT TO THE COlMBATORE CITY MUNICIPAL


CORPORATION ACT, 1981.
lnsert~onof 4. After section 67 of the Coimbatore City Municipal Corporation Act, 1981, the
new following section shall be inseri,;f. namely :-
section 67-A.
-67-A. Grant of p t id holiday to employees on the (lay of poll.-(1) Every person
! employed in any business. trade. industrial undertaking or any other establishment and
i entitled to vote at election to the corporation shall. on the day of poll, be granted
a holiday.
\
(2) No deduction or abatement of the wages of any such person shall be made
on accoilnt of a hol~dayhaving bccr~granted 11) accordarrcc w~ltlsut, sc-cl~orl(1) and
~f such person is employed on the basls lhat he would not ordlnar~lyrecelve wages for
such a day. he shall nonetheless be paid for such day the wages he would have drawn
h d not a holiday been granted to him. on that day.

(3) If an employer contravenes the provisions of sub-sect~on (1) or


employer shall be punishable w~thfine whtch may extend

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.

(3) If an employer contra~enes the provis~ons of sub-section (1) or


sub-section (2). then such employer shall be punishable with fine which may extend to
five hundred rupees.
(4) This 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."

(By order of the Governo.)


\.
S. DHEENADHAYALAN,
Secretary to Gevernment,
Law Department.
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!# ACT Nb. 36 OF

An Act further to amend the l a m relaCim 20 hcdlumicipal Corporations


and the M ~ n i c i p a l ~ e
insthe d T m i l Nadu.
'
i the

. - --
I
ANl~NUmcn
n nv rn - -

,n he Urwic h m-m wdk


1 ~m,9,,ii section 390-A, for the
~ESCS*' Mll be substituted.
Amendment of
section 390-A.
erpreSm
hnt

,,,",L ..,.. L.. . -- -

4. I,, lkllr r;ovna;.np ~ t t t yIYIUP~I ~~~


Mt, 1191,.h soc110n 482. for the Amendment of
yead. ae m'''Mil 16 substituted.
qmesmsxn cMrmMk section 482.

samemq to Government.
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ACT No. 38 OF 2008.

An ~~t further to amend the laws rr2lating to the Munjcipd C o r ~ o ~ ~ ~ ~ ~


--and the Municipalities in the State of Tamil h d u .

BE enacted by the Legislative Assembly of the State of Tarnil Nadu In the


Year of the Hepubl~cof lndla as follo~S.-

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

AMENDMENTS TO THE CHENNAl CITY MUNICIPAL


CORPORATION ACT, 1919.

2. In sect~on4 of the Chenna~C~tyMunicipal Corporation Act.1919 (hereinafter in Amendment of


this Part referred to as the 1319 Act), In sub-section (3), for clause (a), the followlng SeCtlOn 4
1919 clauses shall be substituted, namely -
"(a) a Mayor,

(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

(3) The Mayor shall be bound to transmit communicat~onsaddressed through ,


hlm by the cornmlssloner to the State Governmclnt or by the State Government to the
comrnlssloner Whlle transmlttlng conimun~cat~ons from the commlssloner to the State
Government, the Mayor may make such remarks as he thinks necessary.

37-A. Entrustment of additional functions to Mayor.-The State Governrl.lent may,


subject to the provlslons of thls Act and.the rules made thereunder, by n o t ~ f i c a t ~entrust
~n,
to the Mayor such addltlonal functions as ~t may deem necessary for carrylng obt the
purposes of thls A c t "

p-IV-2 Ex. (1681-2


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A M E N D M E N T S T O THE MADURAI C l T Y MUNICIPAL


CORPORATION ACT, 1971

Amendment of 4. In sect~on3 of the Madu.a~Clty Mun~c~pal Corporation Act,1971 (here~nafterln Tam11


sactlon 3 thls Part referred to as the 1971 Act), rn sub-section (3), for clause (a), the :ollowrng Act
clauses shall be substltuted, namely -
"(a) a Mayor ;
(aa) a councll ,''

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.

38-A. Entrustment of additional functions to Mayor.-The Government may.


subject to the provlslons of thls Act and the rules made thereunder, by notlflcatlon, entrust
to the Mayor such addit~onalf~nctrons as ~t may deem necessary for carryrng out the
purposes of this A c t "

PART-IV

AMENDMENTS T O T H E COIMBATORE ClTY MUNICIPAL


CORPORATION ACT, 1981
Amendment of 6. In section 3 of the Co~mbatoreClty Mun~c~pal Corporat~onAct,1981 (heremafter T~~~~N ~ c ,
sectlon 3 in thls Part referred to as the 1981 Act), In sub-sectron (3), for clause (a), the follow~ng ACI
clauses shall be subst~tuted,namely -

(aa) a council ;".

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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AMENDMENT T O T H E TIRUCHIRAPPALI-I CITY MUNICIPAL


CORPORATION ACT, 1994.

sectlon 4

"(1) a Mayor;
(I-a) a councll ;"

PART-VI

A M E N D M E N T T O T H E TlRUNELVELl ClTY MUNICIPAL


C O R 7 0 R A T I O N ACT, 1994

9. In section 4 of the T~runelveliCity Municipal Corporation Act,1994, for clause Amendment of


8of (I), the follow~ngclauses shall be substituted, namely:- sect~on4.

"(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.

10. In section 4 of the Salem City Municipal Corporation Act,1994, Amendment of


for clause ( I ) , the following clauses shall be substituted, namely.-- section 4

"(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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 257


_ _ _ _ _ -.- _ _-._-
_ _ - _ _--_
_ _ _ _ _ _

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:--

"(1.8) A person disqualified for becng a councillor under clause (ee) of


sub-section (1) of sectron 57 stiall be disqualified for election as a councillor for a period
of six years from the dale of such disqualification.".
5. In sectloti 57 of the 1971 Act, in sub-section (1), after clause (e), the following Amendment of
clause shall be ~nserted,namely :- section 57.

"(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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 63

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:

ACT No. 15 OF 2009.


An Act further to amend the laws relating to the Municipal Corporations and
the Municipalities in the State of Tamil Nadu.

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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 123

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:

ACT No. 32 OF 2009.


An Act to provide for the levy and collection of duty on transfers of property
in the municipal areas in the State of Tamil Nadu.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth
Year of the Republic of India as follows:
1. (1) This Act may be called the Tamil Nadu Duty on Transfers of Property Short title and
(in Municipal Areas) Act, 2009. commence-
ment.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.

2. In this Act, unless the context otherwise requires, Definitions.

(1) Government means the State Government;

(2) municipal area means the territorial area of a municipality;

(3) municipality means


(a) the Municipal Corporations of Chennai, Madurai, Coimbatore, Tiruchirappalli,
Tirunelveli, Salem, Tiruppur, Erode, Vellore, Thoothukudi or any other Municipal Corporation
that may be constituted under any law for the time being in force; or
Tamil Nadu (b) a municipal council constituted under the Tamil Nadu District Municipalities
Act V of Act, 1920.
1920.
3. There shall be levied a duty on transfers of property in every municipal area, Levy of duty
on transfers
Central Act (a) in the form of a surcharge on the duty imposed by the Indian Stamp of property.
II of 1899. Act,1899 (hereinafter referred to as the Stamp Act) as in force for the time being in the
State of Tamil Nadu, on every instrument of the description specified below, which relates
to immovable property situated within the limits of the municipal area; and
(b) at such rate as may be fixed by the Government, not exceeding five per centum,
on the amount specified below against such instrument:

Description of Amount on which duty


instrument. should be levied.
(1) (2)
(i) Sale of immovable The market value of the property as set
property. forth in the instrument, and in a case
where the market value is finally
determined by any authority under
section 47-A of the Stamp Act, the
market value as so determined by such
authority.
(ii) Exchange of immovable The market value of the property of the
property. greater value as set forth in the
instrument, and in a case where the
market value is finally determined by
any authority under section 47-A of the
Stamp Act, the market value as so
determined by such authority.
(iii) Gift of immovable property. The market value of the property as set
forth in the instrument, and in a case
where the market value is finally
determined by any authority under
section 47-A of the Stamp Act, the
market value as so determined by such
authority.
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124 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(1) (2)
(iv) Mortgage with possession The amount secured by the
of immovable property. mortgage, as set forth in the instrument.

(v) Lease in perpetuity of An amount equal to one-sixth of


immovable property. the whole amount or value of the rents
which would be paid or delivered in
respect of the first fifty years of the
lease, as set forth in the instrument.
Application of 4. (a) Section 27 of the Stamp Act, shall be read as if it specifically required the
certain particulars to be set forth separately in respect of property situated within the limits of
provisions a municipal area and outside such limits;
of Stamp
Act.
(b) Section 64 of the Stamp Act shall be read as if it referred to the municipality
concerned as well as the Government.
Apportionment 5. Fifty per cent of the duty on transfers of property collected under this Act in respect
of duty on of any property situated in a municipal area, shall be credited to the municipal fund, within
transfers of whose territorial area such property is situated and the balance of fifty per cent shall
property.
be credited to the Tamil Nadu Urban Road Infrastructure Fund (hereinafter referred to
as the Fund), in such manner as may be prescribed:

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,

(a) regulating the collection of duty on transfers of property;

(b) deduction of the expenses incurred by the Government in the collection


of duty on transfers of property;
(c) the distribution of the Fund among the municipalities;

(d) any other matter which has to be or may be prescribed.


(3) All rules made under this Act shall be published in the Tamil Nadu Government
Gazette and unless they are expressed to come into force on a particular day, shall come
into force on the day on which they are so published.

(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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 125

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.

THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.


Tamil Nadu Sections 135, 136 and 137 of the Chennai City Municipal Corporation Act, 1919 are Repeal of
Act hereby repealed. sections 135,
IV of 1919. 136 and 137.

PART II.

THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.


Tamil Nadu Sections 164, 165 and 166 of the Madurai City Municipal Corporation Repeal of
Act Act, 1971 are hereby repealed. sections
15 of 1971. 164, 165
and 166.

PART III.

THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.


Tamil Nadu Sections 164, 165 and 166 of the Coimbatore City Municipal Corporation Act, 1981 Repeal of
Act are hereby repealed. sections
25 of 1981. 164, 165
and 166.

PART IV.

THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.


Tamil Nadu Sections 116-A, 116-B and 116-C of the Tamil Nadu District Municipalities Act, 1920 Repeal of
Act sections
are hereby repealed.
V of 1920. 116-A,
116-B and
116-C.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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1 258 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

~ 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

1 AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.


Amendment of
section 49
t ~ e s1920 (hereafter ~n t h ~ sPart
8. In sectlon 49 of the Tam11Nadu Dlstrlct M u n ~ c ~ p a l ~Act.
referred to as the 1920 Act), after sub-sect~on(1-A), the following sub-sectlon shall be
inserted, namely -
"(1-0) A person d ~ s q u a l ~ f ~for
e d b e ~ n g a counc~llor under clause (ddd) o f
sub-sectlon (1) of sect~on50 shall be d~squallf~ed for elect~onas a counc~llorfor a perlod
Tam11Na*,.
Act
v of 192;
I
of SIX years from the date of such disqual~fication" l Nadu

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;".

(By order of the Governor)

S. D H E E N A D H A Y A L A N ,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 227

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.

An Act to amend the Tamil Nadu Duty on Transfers


of Property (in Municipal Areas) Act, 2009.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the


Sixty-first Year of the Republic of India as follows:

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.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 99

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:

ACT No. 16 OF 2011.

An Act further to amend the laws relating to the Municipal


Corporations and the Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the


Sixty-second Year of the Republic of India as follows:

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.

AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION ACT, 1994.

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.

AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION ACT, 1994.


Tamil Nadu 3. After section 6 of the Salem City Municipal Corporation Act, 1994, Insertion of
Act new section
29 of 1994.
the following section shall be inserted, namely:
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..
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100 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-IV.

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

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..

(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 101

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:

ACT No. 17 OF 2011.

An Act further to amend the Tamil Nadu District


Municipalities Act, 1920.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu


in the Sixty-second Year of the Republic of India as follows:
1. (1) This Act may be called the Tamil Nadu District Municipalities Short title and
(Amendment) Act, 2011. commence-
ment.
(2) It shall come into force at once.
Tamil Nadu Act 2. In section 7 of the Tamil Nadu District Municipalities Act, 1920, in Amendment of
V of 1920. section 7.
the first proviso to sub-section (1), for the word twenty, the word fifteen
shall be substituted.

(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI


ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 75

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:

ACT No. 23 OF 2014.

An Act further to amend the Laws relating to the Municipal Corporations


and Municipalities and the Chennai Metropolitan Area Groundwater
(Regulation) Act.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-fifth Year of the Republic of India as follows:
PART-I.

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.

AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.


Tamil Nadu Act 2. In section 223 of the Tamil Nadu District Municipalities Act, 1920 (hereafter Amendment of
V of 1920. in this Part referred to as the 1920 Act), section 223.

(1) in the marginal heading, the expression wells shall be omitted;

(2) in sub-section (1), the expression well shall be omitted.


3. After section 223 of the 1920 Act, the following sections shall be inserted, Insertion of new
namely: sections 223-A
and 223-B.

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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76 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.


Amendment of 5. In section 331 of the Madurai City Municipal Corporation Act, 1971 (hereafter Tamil Nadu Act
section 331. in this Part referred to as the 1971 Act), 15 of 1971.

(1) in the marginal heading, the expression wells shall be omitted;

(2) in sub-section (1), the expression well shall be omitted.


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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 77

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.

(4) On receipt of an application under sub-section (2), the commissioner may


grant, subject to such conditions and restrictions as he 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 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.

331-B. Grant of certificate of registration.(1) Every person desiring to carry on


the business of sinking well in any area in the city of Madurai shall apply to the
commissioner 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 commissioner 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 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 of 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 329, 331-A and 331-B,

(a) sink with all its grammatical variations and cognate expressions includes
digging, drilling, boring or deepening;
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78 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.

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.

(1) in the marginal heading, the expression wells shall be omitted;

(2) in sub-section (1), the expression well shall be omitted.

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.

(4) On receipt of an application under sub-section (2), the commissioner may


grant, subject to such conditions and restrictions as he 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 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.

331-B. Grant of certificate of registration.(1) Every person desiring to carry


on the business of sinking well in any area in the city of Coimbatore shall apply to
the commissioner for grant of a certificate of registration.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 79

(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 commissioner 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 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.

Explanation.For the purpose of sections 329, 331-A and 331-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 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..
10. After section 445 of the 1981 Act, the following section shall be inserted, Insertion of
namely: new section
445-A.
445-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-V.

AMENDMENTS TO THE CHENNAI METROPOLITAN AREA GROUNDWATER


(REGULATION) ACT, 1987.

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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80 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) On receipt of an application under sub-section (1), the competent authority


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 competent authority to the applicant within such
period as may be prescribed.
(5) Any person aggrieved by the decision of the competent authority 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..

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..

(By Order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI


ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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