Tamil nadu act 004 of 1919 : Madras City Municipal (Corporation) Act, 1919

Section 1. Title and extent

Chapter-I - Preliminary

PART I

Chapter I-Preliminary

1. Title and extent.- (1) This Act may be called the Madras City Municipal ³(Corporation) Act, 1919.

(2) Except as hereinafter expressly provide it extends only to the City of Madras.

Section 2. Repeal of enactments

2. Repeal of enactments.- The enactments mentioned in Schedule I am repealed to the extent specified in the fourth column thereof.

Section 3. Definitions

3. Definitions.- In this Act, unless there is anything ??? in the subject or context-

¹[²(1) [* * *]

²[(1-A)] "Appoint".- "Appoint" includes to appoint temporarily or in an officiating capacity.

(2) "Appointment".- "Appointment" includes temporary and officiating appointments.

(3) "Budget grant".- "Budget grant" means any sum entered on the expenditure side of a budget estimate which has been adopted by the council.

³[(4) "Building".- "Building" includes-

(a) a house, out-house, stable, latrine, godown shed, hut, wail (other than a boundary wall not exceeding eight feet in height) and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;

(b) a structure on wheels or simply resting on the ground without foundations; and

(c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods.]

(5) "Building-line".- "Building-line" means a line which is in rear of the street-alignment and to which the main wall of a building abutting on a street may lawfully extend ¹[and beyond which no portion of the building may extend except as prescribed in the building rules].

²[(6) "Carriage".- "Carriage" means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin, but does not include any motor vehicle within the meaning of the ³[Motor Vehicles Act, 1939 (Central Act IV of 1939)].

(7) "Cart".- "Cart" includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the ³[Motor Vehicles Act, 1939 (Central Act IV of 1939)]

(8) "Casual vacancy" and "Casual election".- "Casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of ⁴[a councillor ⁵(* * *)] or in any other elective office, and "Casual election" means an election held on the occurrence of a casual vacancy.

⁶[(8-A) "Cheri" and "Hutting ground".- "Cheri" or "Hutting ground" means an area containing land occupied by, or for the purpose of, any collection of huts, standing on a plot of land, or two or more plots of land which are adjacent to one another, and not less than two thousand four hundred square feet in area.]

(9) "City of Madras".- "City of Madras" or "City" means the area declared by the ¹[State Government] by notification to be the City of Madras but excludes Fort St. George with the glacis.

²[(9-A) "Company".- "Company" means any company as defined in the Companies Act, 1956 (Central Act of 1956), and includes-

(i) any foreign company within the meaning of section 591 of that Act; and

(ii) any body corporate, or any firm or association carrying on business in the ³(State of Tamil Nadu) whether incorporated or not and whether its principal place of business is situated in the said State or not.

(9-AA) "Councillor".- "Councillor" includes a person co-opted to the council as a councillor.]

⁴[(9-B) "Cream".- "Cream" means that portion of milk rich in milk-fat which has risen to the surface of milk on standing and has been removed or which has been separated from milk by centrifugal force.]

¹[(9-C) "Dairy" includes-

(a) any farm, cattle-shed, milk-store, milk-shop, or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd, butter-milk or dried, sterilized or condensed milk; and

(b) in relation to a dairyman who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk but does not include-

(i) a shop or place in which milk is sold for consumption on the premises only; or

(ii) a shop or place from which milk is sold or supplied for sale in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or place.]

²[(9-D) "Dairyman".- "Dairyman" includes any occupier of a dairy, any cow-keeper who trades in milk, or any seller of milk whether wholesale, or by retail:

(9-E) "Dairy produce".- "Dairy produce" includes milk, butter, butter-ghee, curd, butter-milk, cream, cheese, and any and every product of milk.]

³[(10) "Dangerous disease".- "Dangerous disease" means an infectious: disease within the meaning of section 52 of the ⁴[Tamil Nadu] Public Health Act, 1939 (⁴[Tamil Nadu] Act III of 1939), which is notified as a dangerous disease by the State Government.]

¹[(11) "Filth".- "Filth" means-

(a) night-soil and other contents of latrines, cesspools and drains;

(b) dung and the refuse or useless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and

(c) putrid and putrefying substances.]

²[(11-A) "Food".- "Food" includes every article (other than drugs and water) used by man for food or drink ind all materials used or admixed in the composition or preparation of such article and shall also include flavouring or colouring matter, confectionery, spices and condiments.]

(12) "Hut".- "Hut" means any building which is constructed principally of wood, mud, leaves, ³[grass, thatch or metallic sheets] and includes any temporary structure of whatever size or any small building of whatever material made which the council may declare to be a hut for the purposes of this Act.

⁴[(12-A) [* * *]

¹[(13) "Latrine".- "Latrine" means a place set apart for defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal.

(13-A) "Local authority".- "Local authority" includes a cantonment authority.

²[(13-B) "Milk".- "Milk" means the milk of a cow, buffalo, goat, ass, or other animal and includes cream, skimmed milk, separated milk and condensed, sterilized or desiccated milk, or any other product of milk.]]

(14) "Municipal office".- "Municipal office" means the principal office of the corporation.

³[(14-A) "Nuisance".- "Nuisance" 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 hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity, or persons who may have occasion to use any public right.

(15) "Occupier".- "Occupier" includes-

(a) any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used or damages on account of the occupation of such land, building or part; and

(b) a rent-free occupant]

⁴[(16) "Ordinary vacancy" and "ordinary election".- "Ordinary vacancy" means a vacancy occurring by effiux of time and "ordinary election", means in election held on the occurrence of an ordinary vacancy.]

(17) "Owner".- "Owner" includes (a) the person for the time being receiving or entitled to receive whether on his own account 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, (b) the person for the time being in charge of the animal or vehicle in connexion with which the word is used.

(18) "Prescribed".- "Prescribed" means prescribed by the ¹[State Government] by rules under this Act.

(19) "Private street".- "Private street" means any street, road, square, court, alley, passage or riding-path which is not a "public street" but does not Include a pathway, made by the owner of premises on his owe land to secure access to or the convenient are of such premises.

(20) "Public street".- "Public street" means any street, road, square, court, alley, passage or riding-path ²[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,

(b) the foot-way attached to any such street, public bridge or causeway, and

(c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, veranda, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to ¹[the Government].

²[(20-A) "Public water-courses etc.".- "Public water-courses, springs, wells and tanks" include those used by the public to such an extent as to give a prescriptive right to such use.]

(21) "Railway".- "Railway" includes a tramway.

(22) "Reconstruction".- "Reconstruction" of a building includes-

(a) the re-erection wholly or partially of a building after more than one-half of its cubical content has been taken down or burnt down or has fallen down, whether at one time or not;

(b) the re-erection, wholly or partially, of any building of which 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 building, 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 place of public worship of any building not originally constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only or the conversion of a dwelling-house into a factory;

(d) the re-conversion into a dwelling-house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling-house or a place of public worship or factory, as the case may be.

(23) "Residence" and "Reside".- A person is deemed to have his "residence" or to "reside" in any house ¹[or hut] if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house ¹[or hut] merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to ²[return to such house or hut] at any time and has not abandoned his intention of returning.

(24) "Rubbish".- "Rubbish" means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not "filth".

(25) "Salary".- "Salary" means pay and acting pay, or payment by way of commission, and includes exchange compensation allowances, but not allowances for house-rent, carriage hire, or travelling expenses.

³[(25-A) "Scavenger".- "Scavenger" means a person employed in collecting or removing filth, in cleansing drains, latrines or slaughter-houses or in driving carts used for the removal of filth.]

⁴[(25-B) "Scheduled Castes".- "Scheduled Castes" shall have the same meaning as in the Constitution.]

⁵[(25-C) "Scheduled Tribes" shall have the same meaning as in the Constitution.]

(26) "Street-alignment".- "Street-alignment" means a line dividing the land comprised in and forming a part of a street from the adjoining land.

¹[(26-A) "Water-course".- "Water-course" includes any river, stream or channel whether natural or artificial.]

(27) "Year".- "Year" means the financial year.

Section 4. Enumeration of authorities

Chapter-II - The Municipal Authorities

PART II

CONSTITUTION AND GOVERNMENT OF THE CORPORATION

Chapter II. - The Municipal Authorities

Composition of the Corporation

²4. Enumeration of authorities.- (1) There shall be a corporation charged with the municipal government of the City of Madras, to be known as the Municipal Corporation of Madras.

(2) The corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.

(3) For the efficient performance of the functions of the corporation, there shall be the following municipal authorities of the corporation, namely:-

(a) a council;

³[b) the standing committees of the council; and]

(c) a commissioner.

Section 5. Constitution of council

¹[²5. Constitution of council.- (1) Subject to the ³[provision is of sub-section (4)], the council shall consist of ⁴[one hundred and fifty] councillors ??? in the manner laid down in this Act.

⁵[(2) Subject to the provisions of sub-section (4), all the councillors of the council shall be elected in the manner laid down in this Act.

(3) Among the elected members of the council, there shall be-

(a) ⁶[fifteen persons] belonging to Scheduled Castes or Scheduled Tribes; and

(b) ⁷[eight persons] who are women.

¹[(4) If the requisite number of persons specified in clause (a) or clause (b) of sub-section (3) is not elected to the council, then, the elected members of the council shall, in accordance with such procedure as may be prescribed, co-opt to itself as councillors, the required number of persons specified in clause (a) or clause (b);

Provided that no person shall be co-opted under this sub-section unless such person is eligible for being elected as a councillor from any one of the divisions.]]]

Section 6. [Omitted]

³[6. [Omitted]]- ²[* * *]

Section 6-A. Constitution of Standing committees

²[¹6-A.] Constitution of Standing committees.- There shall be six standing committees for dealing respectively with-

(1) Accounts,

(2) Education,

(3) Health,

(4) Taxation and Finance, excluding Taxation Appeals,

(5) Town-Planning and Improvements, and

(6) Works.

Section 6-B. Election of standing committees

²[¹6-B.] Election of standing committees.- (1) Every standing committee shall, consist of eleven members elected by the council from among its councillors in accordance with such procedure as may be prescribed; and the chairman of such standing committee shall in accordance with such procedure as may be prescribed, be elected by such standing committee from among its members at its first meeting after the election of the Mayor and the Deputy Mayor:

Provided that no councillor shall be a member of more than one standing committee at the same time.

(2) A councillor elected to be a member, of a standing committee shall hold office as such, unless he sooner resigns the same, till his term of office as councillor is in any manner determined.

(3) When a vacancy occurs in the office of member of standing committee, the council shall fill up the vacancy as soon as may be, by the election of another councillor.

Section 6-C. Term of office of chairman of a standing committee

²[¹6-C.] Term of office of chairman of a standing committee.- The term of office of chairman of any standing committee constituted under this Act shall be only one year from the date of his election as such chairman; and notwithstanding anything to the contrary contained in any of the provisions of this Act, an outgoing chairman of any standing committee shall not be eligible for re-election.

Section 6-D. Powers and duties of the standing committees and sanction of staff for standing committees

²[¹6-D.] Powers and duties of the standing committees and sanction of staff for standing committees.- (1) The council shall by regulation framed for the purpose determine the powers and duties of each standing committee and may by such regulations provide for a conference of two or more standing committees or for the appointment out of such committees of a joint committee for any purpose in respect of which they may be jointly interested.

(2) The standing committee on accounts in addition to the powers and duties assigned to it under such regulations-

(a) shall supervise the utilisation of the budget grants;

(b) shall have access to the accounts of the corporation, and may require the commissioner to furnish any explanation which it considers to be necessary as to the receipts and expenditure of the municipal fund;

(c) may conduct a monthly audit of the municipal accounts and shall be bound to check the monthly abstract of receipts and disbursements for the preceding month as furnished by the commissioner; and

¹(d) may write off any tax, or other amount whatsoever due to the corporation, whether under a contract or otherwise or any sum payable in connexion therewith, if it appears to the committee that such tax, fee, amount or sum is irrecoverable.]

(3) The standing committee on taxation and finance shall, in addition to the powers and duties assigned to it under the regulations referred to in sub-section (1), be also entitled to exercise the powers referred to in clause (b) of sub-section (2).

(4) The council shall sanction such staff as may reasonably be required by each standing committee to discharge its functions.

Section 6-E. Additional standing committees

³[²6-E.] Additional standing committees.- The council may, with the previous sanction of the State Government, constitute additional standing committees for such purposes as the council thinks fit.]

Section 6-F. Substituted

³[²6-F. Substituted.- [* * *]

Section 6-G. Substituted

³[²6-G. Substituted.- [* * *]

Section 7. Commissioners assistant commissioners and assistant to the commissioner

¹[7. Commissioners assistant commissioners and assistant to the commissioner.- (1) There shall be two assistant commissioners and a personal assistant to the commissioner.

(2) The commissioner, the assistant commissioners and the personal assistant to the commissioner shall be appointed by the State Government.

(3) The commissioner, the assistant commissioners and the personal assistant to the commissioners shall be whole time officers of the corporation and shall not undertake any work unconnected with their offices without the sanction of the council and the State Government.

(4) The State Government may recover from the corporation the whole of the salary and allowances paid to the commissioner, the assistant commissioners and the personal assistant to the commissioner appointed under sub-section (2) and such contribution towards their leave allowances, pension and provident fund as the State Government may, by general or special order, determine.

(5) Subject to the provisions of section 8, the State Government shall have power to regulate the methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the commissioner, the assistant commissioners and the personal assistant to the commissioner appointed under sub-section (2)].

Section 8. Withdrawal of commissioner from office

¹[8. Withdrawal of commissioner from office.- The State Government may, at any time withdraw the commissioner from office and shall do so if such withdrawal is recommended by a resolution of the council passed at a special meeting called for the purpose and supported by the votes of such number of councillors as shall constitute not less than three fourths of the sanctioned strength of the council.]

Section 9. Powers of commissioner and assistant commissioners

²[9. Powers of commissioner and assistant commissioners.- ³[(1) Subject, whenever it is herein after expressly directed, to the sanction of the council or the standing committee, as the case may be, and subject to all other restrictions ??? Act shall be vested in the commissioner, who shall exercise all the powers, discharge all the duties and perform all the functions specifically conferred or imposed on or entrusted to, him under this Act.]

(2) Subject to the provisions of sub-section (1), the commissioner and the assistant commissioners shall also perform all the duties and exercise all the powers, specifically imposed or conferred on him or them, as the case may be, under this Act.

(3) Notwithstanding anything contained in sub-sections (1) and (2), where the office of an assistant commissioner is vacant, the commissioner may, until the vacancy is filled up-

(a) himself exercise the powers conferred and discharge the duties imposed by or under this Act on the assistant commissioner, or

(b) authorize another assistant commissioner to exercise the said powers and discharge the said duties.]

Section 10. Custody of records

10. Custody of records.- The commissioner shall be responsible for the custody of all the records of the corporation including all papers and documents connected with the proceedings of the council, ¹[the standing committee and other committees], and shall arrange for the performance of such duties relative to the proceedings of the said bodies as they may respectively impose.

Section 11. Extraordinary powers of commissioner

11. Extraordinary powers of commissioner.- The commissioner may, in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of one of the other municipal authorities and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the expense of executing the work or of doing the act shall be paid from the municipal fund:

Provided that he shall report forthwith the action taken under this section and the reasons therefor to such other authority.

Section 12. [Omitted]

12. [Omitted]- ²[* * *]

Section 13. Salary of commissioned assistant commissioners and personal assistant to the commissioner

³[13. Salary of commissioned assistant commissioners and personal assistant to the commissioner.- (1) The commissioner shall be paid out of the municipal fund such salary and allowances not exceeding two thousand rupees per mensem in the aggregate as may from time to time be fixed by the State Government.

(2) The assistant commissioners and personal assistant to the commissioner shall be paid out of the municipal fund such salary and allowances as may from time to time be ??? by the State ???]

Section 14. [Omitted]

14. [Omitted]- ¹[* * *]

Section 15. Service regulations of commissioner, assistant commissioner and personal assistant to the commissioner

²[15. Service regulations of commissioner, assistant commissioner and personal assistant to the commissioner.- If the commissioner, or an assistant commissioner or the personal assistant to the commissioner is a civil or military officer in the service of the Government, the corporation shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government to be paid by him or on his behalf.]

Section 16. Delegation of commissioner's ordinary powers

16. Delegation of commissioner's ordinary powers.- ³[The commissioner may delegate to the personal assistant to the commissioner or the holder of any municipal office] any of his ordinary powers, duties or functions except those conferred or imposed upon, or vested in him by the following provisions, namely, sections 25(3), ¹[55-A], 56, ²[56-A], 57, ³[..], ⁴[..], 74, 75, 154, 169(2), 178(2) and (3), 179, 180, 183, 195, 217, 218, 256, 265, 271, 275, 282, 283, 284, 287, 288, 289, ³[..], 292, 293, 299, 306, 308, 309, 319, 323, 324, 335, 380, ³[..], 398, ⁵[..], Schedule V, rules 13 and 14:

Provided that-

(a) such delegation shall be in writing and shall specify the name or official designation of the person to whom the delegation is made;

⁶[(b) [* * *]

⁶[(c) [* * *]

(d) the commissioner shall not delegate his power under section 80 to make on behalf of the corporation any contract involving an expenditure exceeding ⁷[five thousand rupees];

(e) when the commissioner delegates under this section any power or duty which is exercisable or is required to be performed subject to the approval of any other municipal authority, the commissioner shall send a copy of the order of delegation to such authority.

Section 16-A. Delegation of commissioner's powers to the Assistant commissioner

¹[16-A. Delegation of commissioner's powers to the Assistant commissioner.- Notwithstanding anything contained in section 16, the commissioner may delegate any of the powers, duties or functions conferred or imposed upon, or vested in him by or under this Act to the assistant commissioner:

Provided that-

(a) such delegation shall be in writing and a copy of the order of delegation shall be laid before the council at the meeting held next after the order of delegation is made;

(b) when the commissioner delegates under this section any power, duty or function which is exercisable or is required to be performed subject to the approval of any other municipal authority, the commissioner shall send a copy of the order of delegation to such authority.]

Section 17. Reservation of control in respect of powers delegated

17. Reservation of control in respect of powers delegated.- The exercise ²[or discharge by an assistant commissioner or the personal assistant to the commissioner or other municipal officer] of any powers, duties or functions delegated to him under section 16 ³[or 16-A, as the case may be,] shall be subject to such restrictions, limitations and conditions (if any) as may be laid down by the commissioner and shall also be subject to his control and revision.

Section 18. Delegation of commissioner's extraordinary powers

⁴[18. Delegation of commissioner's extraordinary powers.- The commissioner may, on his own responsibility and by an order in writing, authorize an assistant commissioner or any class I-A or class I-B officer or any person in temporary charge of the duties of any class I-A or class 1-B officer to exercise the extraordinary powers conferred on him by section 11.]

¹[* * *]

Section 19. [Omitted]

19. [Omitted]- ¹[* * *]

Section 20. [Omitted]

20. [Omitted]- ²[* * *]

Section 21. Construction of references to standing committee

³[21. Construction of references to standing committee.- Wherever in this Act the expression "standing committee," occurs, it shall, unless the context otherwise requires, be deemed to refer to the particular standing committee to which the power or duty in connection with which the expression is used, is assigned by this Act or by regulations made by the council; and all references to the standing committee in any other law shall be construed as references to the particular standing committee to which the power or duty conferred or imposed by such law is assigned by this Act or by regulations made by the council.]

Section 22. Delegation of powers to commissioner by standing committees

22. Delegation of powers to commissioner by standing committees.- (1) In any case in which it is provided by this Act or any other law that the commissioner may take action subject to the approval, sanction, consent or concurrence of ¹[a standing committee], ²[such standing committee] may, by resolution in writing, authorize him to take action in anticipation of its approval, sanction, consent or concurrence subject to such conditions (if any) as may be specified in such resolution.

(2) Whenever the commissioner, in pursuance of such resolution, takes any action in anticipation of the approval, sanction, consent or concurrence of ¹[a standing committee], he shall forthwith inform ²[such standing committee] of the fact.

Section 23. Functions of council

23. Functions of council.- (1) Subject to the provisions of this Act the municipal government of the city shall vest in the council, but the council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to ¹[a standing committee] or the commissioner.

(2) If any doubt arises as to the municipal authority to which any particular function pertains, the ²[Mayor] shall refer the matter to the ³[State Government] whose decision shall be final.

(3) Without prejudice to the generality of sub-section (1) it shall be the duty of the council to consider all periodical statements of receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.

Section 24. Obligation laid on remaining municipal authorities to carry out resolutions (or orders) of council

24. Obligation laid on remaining municipal authorities to carry out resolutions ¹(or orders) of council.- The ²[standing committee] and the commissioner shall be bound to give effect to every resolution ³[or order] of the council unless such resolution ³[or order] is cancelled in whole or in part by the ⁴[State Government].

⁵[Provided that, if, in the opinion of the commissioner any resolution or order of the council or committee constituted under this Act contravenes any provision of this or any other Act or of any rule, notification, regulation or by-law made or issued under this or any other Act or any order passed by the State Government or if there would be any miscarriage of justice in the implementation of such resolution or order, he shall, within a period of thirty days from the date of passing of the resolution or order or such further period not exceeding fifteen days, as the State Government may, by general or special order, specify from time to time, refer the matter to the State Government for orders and inform the council or the committee, as the case may be, of the action taken by him at its next meeting and until the orders of the State Government on such reference are received, the commissioner shall not be bound to give effect to the resolution or order.]

Section 25. Duties and powers of individual councillors and aldermen

25. Duties and powers of individual councillors and aldermen.- (1) Any councillor ¹[] may call the attention of the proper authority to any neglect in the execution of municipal work, to any waste of municipal property, or to the wants of any locality, and may suggest any improvements which he considers desirable.

(2) Every councillor ¹[] shall have the right to interpellate the ²[Mayor] on matters connected with the municipal administration subject to such regulations as may be framed by the council.

(3) Every councillor ¹[] shall have access during office hours to the records of the corporation after giving due notice, to the commissioner, provided that the commissioner may for reasons given in writing forbid such access. The councillor ¹[] may appeal against such order to the ²[Mayor] whose decision shall be final.

Section 25-A. Mayor, Deputy Mayor, councillor [] not to receive remuneration

³[25-A. Mayor, Deputy Mayor, councillor ¹[] not to receive remuneration.- Neither the Mayor nor the Deputy Mayor, nor any councillor ¹[] shall receive or be paid, from the funds at the disposal of or under the control of the corporation, any salary or other remuneration for services rendered by him in any capacity whatsoever.

⁴[Provided that nothing in this section shall apply to the payment of any conveyance allowance or travelling allowance to the Mayor or the Deputy Mayor or any councillor by the corporation at such rate as may be determined by rules made by the State Government in this behalf.]]

Section 26. Requisitions by council or a standing committee for commissioner's records

26. Requisitions by council or a standing committee for commissioner's records.- (1) The council ¹[or a standing committee] may at any time require the commissioner-

(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as commissioner;

(b) to furnish any return, plan, estimate, statement, account or statistics connected with the municipal administration;

(c) to furnish a report by himself or to obtain from any head of department subordinate to him and furnish, with his own remarks thereon, a report upon any subject connected with the municipal administration.

(2) The commissioner shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interest of the corporation or of the public, in which case he shall make a declaration in writing to that effect and shall, if required by the council or ²[the standing committee], as the case may be, refer the question to the ³[Mayor] whose decision shall be final.

Section 27. Council's power to call for records of committees

27. Council's power to call for records of committees.- The council may at any time call for an extract from the proceedings of ¹[a standing committee or any committee] or for any return, statement, account or report connected with any matter with which such committee is empowered to deal; and every such requisition shall be complied with by ²[the standing committee, or other committees, as the case may be].

Section 27-A. Appointment of joint committee

³[27-A. Appointment of joint committee.- (1) The council may, and if so required by the ⁴[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.

(2) A joint committee may include persons who are not members of the local authorities concerned but who may in their opinion possess special qualifications or special interest for serving on such committee:

Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee.

(3) The constitution of a joint committee shall be by means of regulations which shall not, except in the cases referred to in sub-sections (6) and (7), have effect unless assented to by each of the local authorities concerned.

(4) The ??? shall determine-

(a) ???

(b) ???

(c) ???

(d) ???.

(e) ???.

(f) the powers ??? one or more of the local authorities ??? may be exercised by the joint committee; and ???.

(g) the procedure of the joint committee.

(5) Regulations made under sub-sections (3) and (4) may be varied or revoked provided that all the local authorities concerned assent to such variation or revocation.

(6) If the ¹[State Government] take action under sub-section (1), 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 referred to the ¹(State Government) whose decision shall be final.

²[(8) The powers of the ³(State) Government under this section shall, where one of the local authorities concerned is a cantonment authority or the port authority of a major port, only be exercisable with the concurrence of the Central Government.]]

Section 28. Election of May or and Deputy Mayor

Provisions common to the Council and the ⁴[Committees]

28. ⁵[Election of May or and Deputy Mayor].- The council shall at its first meeting ⁶[after each ordinary election to the council and at its first meeting in each year thereafter] elect-

(a) one of its number to be the Mayor, ⁷[and]

(b) one of its number other than the Mayor to be the Deputy Mayor. ⁸[..]

⁹[(c) [* * *]

(2) A Deputy Mayor on being elected Mayor shall cease to be the Deputy Mayor.

¹[(3) [* * *]

¹[(4) [* * *]

¹[(5) [* * *]

Section 29. Term of office of Mayor and Deputy Mayor

29. ¹[Term of office of Mayor and Deputy Mayor.- The ²[Mayor], ³[or Deputy Mayor] shall be ⁴[entitled to hold office from the time of his election and ??? the election of his ???] provided that the meantime he does not cease to be a councillor ⁵[].

On the occurrence of any vacancy in the office of ⁶[Mayor or Deputy Mayor, the council] shall at its next meeting 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.

Section 30. Mayor and Deputy Mayor ineligible for re-election

⁷[30. Mayor and Deputy Mayor ineligible for re-election.- An outgoing Mayor or Deputy Mayor shall not be eligible for re-election as Mayor or Deputy Mayor, as the case may be, during the period up to the next ordinary election and in case of extension of term of office of the councillors by any law for the time being in force, during the remainder of the period of such extension.]

Section 31. Rules and regulations for proceedings of council and standing committees

¹[31. Rules and regulations for proceedings of council and standing committees.- The council ²(and the standing committee) shall observe the procedure laid down in Schedule, II and may make supplementary regulations, not inconsistent therewith or with other provisions of this Act or any rules made by the ³[State Government], for the conduct of their respective proceedings and also for the maintenance of order at their meetings.

Explanation.-Any supplementary regulation made under this section shall, if it is inconsistent with A the provisions of any rule made subsequently, become; void to the extent of such inconsistency.]

Section 32. Presidency of council and standing committees

32. Presidency of council and standing committees.- ¹[(1) Every meeting of the council shall be presided over by the Mayor, in his absence by the Deputy Mayor and in the absence of both the Mayor and the Deputy Mayor, by a councillor ²[] chosen by the meeting to preside for the occasion.

(2) Every meeting of ³[a standing committee] shall be presided over by its chairman and in his absence by a member thereof chosen by the meeting to preside for the occasion.]

(3) The ⁴[Mayor], ⁵[the Deputy Mayor] or the chairman, as the case may be, shall preserve order and shall decide all points of order and procedure arising at or in connexion with meetings. There shall be no discussion on any point of order and the decision of the ⁴[Mayor], ⁵[Deputy Mayor] or chairman thereon shall, save as is otherwise expressly provided in this Act, be final.

(4) The ⁶[Deputy Mayor ⁷(or councillor)] presiding at a meeting of the council and the member presiding at a meeting of ²[a standing committee] shall for that meeting ¹[and during the period that he presides over it] have all the powers and be subject to all the obligations of the ²[Mayor] or chairman, as the case may be.

³[(5) The Mayor, the Deputy Mayor or the councillor presiding at a meeting of the council may direct any councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting and any councillor so ordered to withdraw shall do so forthwith and absent himself during the remainder of the day's meeting. If such councillor refuses to withdraw, the Mayor, the Deputy Mayor or the councillor presiding at the meeting may order his removal by force. The councillor so directed to be absent shall not be deemed to have failed to attend the meeting of the council for the purposes of clause (i) of sub-section (1) of section 53]

Section 33. Commissioner when to attend meetings

⁴[33. Commissioner when to attend meetings.- (1) The commissioner shall have the right to attend the meetings of the council and of any standing committee or other committee constituted under this Act and to take part in the discussion but shall not have the right to move any resolution or to vote.

(2) The commissioner shall attend any meeting of the council or of a standing committee or any other committee constituted under this Act, if required to do so by the Mayor or the chairman of the committee, as the case may be.]

Section 34. Councillors and aldermen to abstain from taking part in discussion and voting on questions in which they are pecuniarily interested

34. Councillors and aldermen to abstain from taking part in discussion and voting on questions in which they are pecuniarily interested.- (1) No councillor ¹[] shall vote on or take part in the discussion of any question coming up for consideration at a meeting of the council or of ²[any standing committee or any committee], it the question is one in which, apart from its general application to the public, he has any direct or indirect pecuniary interest by himself or his partner.

(2) The ³[Mayor] or chairman may prohibit any councillor ¹[] from voting on or taking part in the discussion of any matter in which the councillor ¹[] is believed to have such interest, or he may require the councillor ¹[] to absent himself during the discussion.

(3) Such councillor ¹[] may challenge the decision of the ²[Mayor] or chairman, who shall thereupon put the question to the meeting. The decision of the meeting shall be final.

(4) If the ²[Mayor] or chairman is ³[alleged] by any councillor ¹[] present at the meeting to have any such interest in any matter under discussion, he may, on the motion of such councillor ¹[] if carried, be required to absent himself from the meeting during the discussion.

⁴[(5) The councillor ¹() concerned shall not be entitled to vote on the question referred to in sub-section (3) and the Mayor or chairman concerned shall not be ??? to vote on the motion referred ???.

Explanation.-In this section ‘Mayor’ includes a Deputy Mayor, ⁵[or councillor] presiding for the occasion and ‘chairman’ includes a member presiding for the occasion at a meeting of a committee.]

Section 35. Resignations

¹35. Resignations.- The Mayor may resign his office by giving notice in writing to the council; and the Deputy Mayor any councillor other than the Mayor or any member or chairman of a standing committee or other committee may resign his office by giving notice in writing to the Mayor. Such resignation shall take effect in the case of the Mayor from the date on which it is placed before the council and in any other case, from the date on which it is received by the Mayor.]

Section 36. Saving of validity of proceedings

36. Saving of validity of proceedings.- (1) No act done, or proceeding taken under, this Act shall be questioned merely on the ground-

(a) of any vacancy or defect in the constitution of the council, or of any ²[standing committee or other committee], or

(b) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

(2) Every meeting of the council, or of a ²[standing committee or other committee], the minutes of the proceedings at which have been signed as laid down in Schedule II ¹[or the rules made under this Act] shall be deemed to have been duly convened and to be free from all defect and irregularity.

Section 37. Prerogative of the Mayor

The ²[Mayor]

³[37. Prerogative of the Mayor.- (1) The Mayor shall have full access to all the records of the corporation and may obtain reports from the commissioner on any matter connected with the administration of the corporation.

(2) No official correspondence between the corporation and the ⁴[State Government] shall be conducted except through the Mayor.

(3) The Mayor shall be bound to transmit communications addressed through him by the commissioner to the ⁴[State Government] or by the Government] to the commissioner. While transmitting communications from the commissioner the ⁴[State Government], the Mayor may make such remarks as he may think necessary.]

Section 38. Mayor to be member of all committees

¹38. Mayor to be member of all committees.- (1) The Mayer shall ex-officio by a member of every standing ??? and every other committee constituted under the Act except the Taxation Appeals Committee, but shall not be eligible to be elected as the chairman of any standing committee.

(2) If the Mayor is at the time of his election the chairman or an elected member of a standing committee, he shall cease to hold office as such chairman or member.

(3) If a vacancy occurs in the office of chairman of any standing committee, the Mayor shall convene a meeting of that committee for the election of another chairman and the chairman elected at such sleeting shall be entitled to hold office as such 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.]

Section 38-A. Functions of Deputy Mayor

¹[The Deputy Mayor]

¹[38-A. Functions of Deputy Mayor.- (1) When the office of Mayor is vacant, his functions shall devolve on the Deputy Mayor until a new Mayor is elected.

(2) If the Mayor has been continuously absent from the city for more than fifteen days or is incapacitated his functions shall devolve on the Deputy Mayor until the Mayor returns to the city or recovers from his incapacity, as the case may be.

(3) The Mayor may, by an order in writing, delegate any of his functions to the Deputy Mayor.]

Section 39. Submission of administration report to State Government

Administration Report

39. Submission of administration report to State Government.- (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the ²[State Government], the corporation shall submit to the ²[State Government] a detailed report of the administration during the preceding year in such form as the ²[State Government] may direct.

(2) The commissioner shall prepare such report, and the council shall consider the report and forward the same to the ²[State Government] with their resolutions thereon, if any.

(3) Copies of the administration report shall be kept for sale at the municipal office.

Section 40. State Government's power to call for records

Powers of the ²[State Government]

40. State Government's power to call for records.- The ²[State Government] may at any time require the council or the commissioner:-

(a) to produce any record, correspondence, plar or other document;

(b) to famish any return, plan, ??? account or statistics:

(c) to furnish or obtain any report.

Section 41. State Government's power to cause inspection to be made

41. State Government's power to cause inspection to be made.- The ¹[State Government] may depute any officer to inspect or examine any municipal department, office, service, work or thing and to report thereon and any officer so deputed may, for the purposes of such inspection or examination, exercise all the powers conferred by section 40.

Section 42. State Government's power to direct the taking of action

42. State Government's power to direct the taking of action.- If, on receipt of any information or report obtained under section 40 or 41, the ¹[State Government] ²[are of opinion]-

(a) that any duty imposed on any municipal authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or

(b) that adequate financial provision has not been made for the performance of any such duty,

the ¹[State Government] may, by an order, direct the council or the commissioner within a period to be specified in the order to make ³[arrangements to their satisfaction] for the proper performance of the duty, or to make financial ⁴[provision to their satisfaction] for the performance of the duty, as the case may be:

Provided that, unless in the opinion of the ¹[State Government] the immediate execution of such order is necessary, the ¹[State Government] shall, before making an order under this section give the council an opportunity of showing case why such order should not be made.

Section 43. State Government's power to appoint a person to take action in default at expense of corporation

43. State Government's power to appoint a person to take action in default at expense of corporation.- (1) If, within the period fixed by an order issued under section 42, any action directed under that section has not been duly taken, the ¹[State Government] may by order-

(a) appoint some person to take the action so directed,

(b) fix the remuneration to be paid to him, and

(c) direct that such remuneration and the cost of taking such action shall be defrayed out of the municipal fund, and, if necessary, that any one or more of the taxes authorized by Part III of this Act shall be levied or increased, but not so as to exceed any maximum prescribed by that part.

(2) For the purpose of taking the action directed as aforesaid the person appointed under sub-section (1) shall have power to make such contracts as are necessary, may exercise any of the powers conferred on any municipal authority by or under this Act and specified in this behalf in the order issued under sub-section (1), and shall be entitled to, protection under this Act as if he were a municipal authority.

(3) The ¹[State Government] may, in addition to or instead of, directing the levy or increase of any of the said taxes, direct by notification that any sum of money which may ²[in their opinion] be required for giving effect ³[to their orders] be borrowed by debenture on the security of all or any of the said ??? such rate of interest and upon such terms as time of repayment and otherwise as may be specified in the notification.

(4) The provisions of sections 142 to 153 shall, as far as may be, apply to any loan raised in pursuance, of this section.

Section 44. Power to suspend or cancel resolution, etc. under this Act

¹[44. Power to suspend or cancel resolution, etc. under this Act.- (1) The Mayor shall submit to the State Government copies of all important resolutions of the council and of the standing committees or other committees and all by-laws of the council.

(2) The State Government may at any time by order in writing-

(i) suspend or cancel in whole or in part any resolution passed;

(ii) suspend or cancel any order issued or licence or permission granted; or

(iii) prohibit the doing of any act which is about to be done or is being done, in ??? of or under colour of this Act, if, in their opinion-

(a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised,

(b) such resolution, order, licence, permission or act is in excess of the powers conferred by, ??? contravention of, this or any other Act, or of any rule, notification, regulation or by-law made or issued under this or any other Act, or is an abuse of such powers or adversely affects the financial stability or credit of the corporation or the efficiency of municipal administration as a whole,

(c) such resolution, order, licence, permission or act is in contravention of any direction issued by the State Government, or

(d) the execution of such resolution or order the continuance in force of such licence or permission of the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to not or an affray:

Provided that the State Government shall before taking action under this section on any of the grounds referred to in clauses (a), (b) and (c), give the authority or person concerned an opportunity for explanation:

Provided further that nothing in this sub-section shall enable the State Government to set aside any election which has been held.

(3) If, in the opinion of the commissioner, immediate action is necessary on any of the grounds refer red to in clause (d) of sub-section (2), he may suspense the resolution, order, licence or permission or prohibit the doing of the act, as the case may be, and report to the State Government who may thereupon either rescind the commissioner's order or after giving the authority or person concerned a reasonable opportunity of explanation, direct that the commissioner's order shall continue in force with or without modification permanently or for such period as they think fit.]

Section 44-A. State Government's power to dissolve or supersede the corporation

¹[44-A. State Government's power to dissolve or supersede the corporation.- (1) If, in the opinion of the State Government the corporation is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its ??? that the corporation be dissolved and reconstituted on such dates as the State Government may fix in that behalf or they may, if they think necessary, supersede the corporation for a specified period not exceeding three years and the notification shall be laid before both Houses of the State Legislature:

Provided that for the purpose of completing the elections to the corporation when it is dissolved, the State Government may, from time to time, extend the time fixed by them under this sub-section for its reconstitution.

(2) Before publishing a notification under sub-section (1), the State Government shall communicate to the corporation the grounds on which they propose to do so, fix a period of not less than thirty days for the corporation to show cause against the proposal and consider its explanations or objections, if any.

(3) Nothing contained in sub-section (1) shall affect the office of the commissioner.

(4) On the date fixed for the dissolution of the corporation under sub-section (1), all its members as well as the Mayor and the Deputy Mayor (including councillors who are members of committees established or constituted by or under this Act) shall forthwith be deemed to have vacated their offices and fresh elections shall be held in accordance with the provisions of this Act.²[* * * * *].

(5) Supersession shall take effect from noon on the date of publication of the notification, if no date is therein specified, and thereupon the following consequences shall ensue:-

(a) All the members of the corporation as well as the Mayor and the Deputy Mayor (including councillors who are members of committees established or constituted by or under this Act) shall forthwith be deemed to have vacated their offices.

(b) All or any of the functions of the corporation, of the Mayor and of the committees established or constituted by or under this Act except the Taxation Appeals Committee may, during the period of supersession, be exercised and performed, as far as may be, and to such extent as the State Government may determine, by such person as the State Government appoint in that behalf and any such person may, if the State Government so direct, receive payment for his services from the municipal fund; the State Government may determine the relations of such person with themselves and may direct the commissioner to exercise and perform any powers and duties of the corporation and of the committees aforesaid except the Taxation Appeals Committee in addition to his own.

(c) All or any of the functions of the Taxaton Appeals Committee may, during the period of super session, be exercised and performed by the chairman of the said Committee.

(6) On or before the expiry of the period of super session notified under sub-section (1), the State Govern pent may, by notification, for reasons to be State in the notification, postpone the reconstitution on the corporation for a further period not exceeding one year at any one time, but the total period of super session shall not in any case exceed three years.

(7) The State Government may reconstitute the corporation before the expiry of the period notified under sub-section (1) or sub-section (6).

¹[(7-A) The term of office of the newly elected councillors or of the councillors elected in their places at casual vacancies shall be ²[five years] beginning and expiring at noon on such date as the State Gdvernment may, by notification, appoint in that behalf:

Provided that the State Government may, by notification, for sufficient cause, direct that the term of office of the councillors as a whole be extended or reduced by such period not exceeding ³[one year] as may be specified in the notification.]

(8) When the corporation is dissolved or superseded under this section, the State Government until the date of the reconstitution thereof and the reconstituted corporation thereafter shall be entitled to all the assets and be subject to all the liabilities of the corporation as on the date of dissolution or supersession and on the date of reconstitution respectively.]

Section 44-B. Appointments Special Officer in cases where ordinary elections are not held in time

⁴[44-B. Appointments Special Officer in cases where ordinary elections are not held in time.- (1) Where ordinary elections to fill up ordinary vacancies in the office of elected councillors have not been held under this Act before the occurrence of the vacancies consequent on the expiry of term of office of such councillors:-

(i) under this Act, or

(ii) under section 39 of the Madras City Municipal Corporation and Tamil Nadu District Municipalities (Amendment and Extension of Term of Office) Act, 1971 (Tamil Nadu Act 22 of 1971), as amended by the Madras City Municipal Corporation Laws (Amendment) Act, 1973, or

(iii) under any other law as for the time being in force,

the State Government may appoint a Special Officer to exercise the powers and perform the functions of the corporation, of the Mayor, and of the committees established or constituted by or under this Act except the Taxation Appeals Committee, to such extent as may be determined by the State Government.

(2) The Special Officer referred to in sub-section (1) may also exercise any of the powers and perform any of the functions of the commissioner or any other officer or authority under this Act, which the State Government may, by notification, specify.

(3)(a) The Special Officer shall receive payment for his services from the municipal fund.

(b) The State Government may determine the relations of the Special Officer with themselves.

(4) All or any of the functions of the Taxation Appeals Committee may, during the period for which the Special Officer is appointed, be exercised and performed by the Chairman of the said Committee.

(5) The commissioner shall, in the exercise of his powers and performance of the functions under his Act, be subject to the control and superintendence of the Special Officer.]

Section 45. One hundred and fifty divisions

Chapter-III - Election and Appointment of Councillors

Chapter III.-Election and Appointment of Councillors ¹[]

Qualifications and Disqualifications of Voters, Candidates ²[and Councillors]

⁴[45. ³[One hundred and fifty divisions].- (1) ⁵[] ⁶[For the purposes of the election of the ⁷(one hundred and fifty) ⁸() councillors] referred to in ⁹[] sub-section (1) of section 5 the City shall be divided into ¹[²one hundred and fifty) territorial divisions] the boundaries of which shall be fixed by the ³(State Government) by notification.

⁴[(2)] The ³(State Government) may after consulting the council, by notification, alter the boundaries of any such division.

⁴[(2) [* * *]

Section 46. Number of councillors for each division

⁵[⁶46. Number of councillors for each division.- Only one councillor shall be elected for each division.]

Section 46-A. Mode of election

⁶46-A. Mode of election.- All the voters in a division, irrespective of their or the community to which they belong, shall be entitled to vote at an election ⁷[to the seat in that division].

Section 46-B. [Omitted]

¹[46-B. [Omitted]]- ²[* * *]

Section 47. Electoral rolls for divisional seats other than labour seats

²47. Electoral rolls for divisional seats other than labour seats.- ³[Every person who is qualified to be included such part of the electoral roll for any territorial ??? of the ⁴(Tamil Nadu Legislative Assembly), ??? relates to any of the divisions] referred to in ⁵(section 45), shall be entitled to be included in the ??? roll for that division prepared for the purposes this Act, and no other person shall be entitled to included in such roll.

Explanation (1).- Where in the case of any ??? constituency of the ⁴[Tamil Nadu Legislative sembly] there is no distinct part of the electoral ??? relating to a division, ⁶[all persons who are quailed to be included in such roll] under the registration ??? comprising that division and whose addresses ¹[] are situated in such division, shall be entitled to be included in the electoral roll for the division prepared for the purposes of this Act.

Explanation (2).- No person's name shall be included in the electoral roll for more than one division or in the electoral roll for any division in more than one place.

²[Explanation (3).- In this section and in section 48, "territorial constituency" shall have the same meaning as in the law made in pursuance of the Constitution.]

³[Provided that ⁴(any person who is entitled to be included) in a separate part of the electoral roll for such territorial constituency by virtue of a statement referred to in section 20 of the Representation of the People Act, 1950 (Central Act XLIII of 1950) shall not be eligible for being included in the electoral roll for that division prepared for the purposes of this Act, unless he makes an application giving the particulars of his address in that division to ⁵(the person authorized under sub-section (1) of section 48) for such inclusion.]

Section 48. Publication of electoral rolls, etc.

¹48. Publication of electoral rolls, etc.- ²[(1) Any person authorized in this behalf by the State Government shall, for the purposes of this Act, prepare and publish in such manner and at such times as the State Government may direct, the electoral roll for each of the ³(one hundred and fifty) divisions referred to in section 45 or the alterations to such roll, as the case may be.

Explanation.-The power conferred by this sub-section on the person so authorized shall include the power to omit, in the manner and at the times aforesaid, from the electoral roll for any such division published under this sub-section, the name of any person who is dead or who is disqualified to be included in such part of the electoral roll for any territorial constituency of the ⁴[Tamil Nadu Legislative Assembly] as relates to that division.]

(2) Where after the electoral rolls for the ¹[²(one hundred and fifty) divisions] aforesaid or any alterations to such rolls have been published under sub-section (1), the boundaries of any such divisions are altered, ³[the person authorized under that sub-section] shall, in order to give effect to such alteration of boundaries, rearrange and republish in such manner as the ⁴[State] Government may direct, the electoral rolls for each of the divisions concerned.

⁵[(2-A) No alteration shall be made in the electoral roll for any division, published under sub-section (1), as revised by any alterations thereto subsequently published under that sub-section or under sub-section (2), after the last date fixed for making nomination of candidates for election to that division and before the result of the election for that division is notified under section 58.]

(3) The electoral roll for any division ⁶[] published under sub-section (1), as revised by any alterations thereto subsequently published under that sub-section or under sub-section (2), shall remain in force until the publication under sub-section (1) of a fresh electoral roll for that division ⁶[].

(4) Every person whose name appears in the electoral roll for any division ¹[], as so revised, shall, so long as such roll remains in force, be entitled, subject to the provisions of this Act, to vote at an election for the division ¹[] and no person whose name does not appear in such roll shall vote at such an election.

Section 49. [Omitted]

49. [Omitted]- ²[* * *]

Section 50. Disqualification of voters

50. Disqualification of voters.- No person who is of unsound mind or a deaf-mute shall be qualified to vote and ³[no person who is disqualified under section 71 shall be qualified to vote so long as the disqualification subsists].

Section 51. Qualification of candidates

⁴[51. Qualification of candidates.- ⁵[(1) No person shall be qualified-

(a) to be elected as a ??? in respect of any of the ⁶[one hundred and fifty] divisional seats, unless his name is included in the electoral roll of any of the ¹[one hundred and fifty] territorial division of the City.

(b) for being co-opted as a councillor under ²[] section 5 unless-

(i) such person is a member of the Scheduled Castes ³[or the Scheduled Tribes or a woman, as the case may be]; and

(ii) his name is included, in the electoral roll of any of the ¹[one hundred and fifty] divisions aforesaid.]

(2) No ⁴[servant of the Government] shall be qualified for election or for holding office as a ???

Provided that ??? shall not apply to - ⁵[* * *]

(ii) ??? which does not ??? namely:-

(a) ??? whole-time ⁷[servant of ???.

(b) that he is remunerated by either salary or fees:

Provided further that if my question arises either before or after an election whether any person is or is not disqualified under this sub-section the question shall be referred to the ¹[State Government] whose decision shall be final]

Section 52. Disqualification of candidates

²[52. Disqualification of candidates.- (1) A person who has been sentenced by a criminal court to transportation or to imprisonment for a period of more ??? months for any offence other than an offence of political character or an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) shall be disqualified for election ³[or co-option] as a councillor ⁴[**] while undergoing the sentence and for five years from the date of the expiration of the sentence.

(2) A person shall be disqualified for election ³(or co-option) as a councillor ⁴() if such person is at the of nomination, election ³(or co-option)-

(a) of ??? or a leper;

(b) an application a bankrupt or insolvent or an ??? bankrupt or undischarged insolvent;

(c) directly or indirectly, by himself or his partner, interested in a subsisting contract made wit or any work being done for the corporation;

Provided that a person shall not be ??? to have any interest in such contract or work be reason only of his having a share or interest in-

(i) any lease, sale or purchase of immovable property or any agreement for the same;

(ii) any agreement for the loan of money 1 any security for the payment of money only;

(iii) any newspaper in which any advertisement relating tos the affairs of the corporation inserted;

(iv) any company or association, whet incorporated or not, which contracts with ??? corporation for lighting or supplying with water a part of the city or insuring against fire any ??? of the corporation;

(v) any company including a railway company; or

(vi) the sale to the corporation of a abides in which he regularly trades, or the ??? from the corporation of any articles;

(d) employed an paid legal practitioner behalf of the corporation or as legal ??? the corporation;

¹[(dd) a representative or officer of association or union representing, or purporting represent, any section of the corporation ??? or any class of employees of the corporation.

(e) an officer or servant holding office under this Act, or an ^*honorary Presidency Magistrate or a public Prosecutor or Government Pleader; ¹[]

(f) already ²[] a councillor ³[] whose term of office as such will not expire before this fresh election ⁴[or co-option] can take effect or has already been elected a councillor ³[] whose term of office has not yet commenced; ⁵[or]

⁶[(g) in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the corporation up to and inclusive of the previous year, in respect of which a bill, notice or direction has been duly served upon him and the time, if any, specified therein for payment has expired.]

(3) Notwithstanding anything contained in sub-section (1), the ⁶[State Government] may direct that such sentence shall not operate as a disqualification.

¹(4) No person who is disqualified under section 71 shall be qualified for election or co-option as a councillor so ??? subsists.]]

Section 53. Disqualification of councillors and aldermen

53. Disqualification of councillors and aldermen.- ²[(1) Subject to the provisions of section 54, a councillor ³[] shall to hold office as such, if he-

(a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 52;

(b) becomes of ??? mind a deaf-mute, or a leper;

(c) applies to be adjudicated or is adjudicated a bankrupt ??? insolvent;

(d) subject to the proviso to clause (c) of sub-section (2) of section 52 ??? any interest directly or indirectly, by himself ??? in any subsisting contract made with, or work being done for, the corporation;

(e) is employed as paid legal practitioner on behalf of the corporation or accepts employment as legal practitioner against the corporation;

⁴[(ee) becomes a ??? or officer of any association or union ??? or purporting to represent, any section of the corporation establishment or any class of employees of the corporation;]

(f) is appointed to any office or post referred to in clause (e) of sub-section (2) of section 52;

¹[(g) is disqualified under section 71;]

(h) ceases to reside in the City; ²[].

³[(hh) fails to pry arrears of any kind due by him (otherwise than in a fiduciary capacity) to the corporation, within three months after a bill, notice or direction has been ??? upon him under this Act, or where in the case of this Act does not require the service of any bill, ??? or direction, within three months after a notice requiring payment of the arrear (which notice it shall be the duty of the commissioner to serve at the earliest possible date) has been duly served upon him by the commissioner; or]

(i) fails to ??? the meetings of the council for a period of three ??? months beginning from the date of the commencement of his term of office or of the last meeting he attended as the case may be;

⁴[* * *]

(2) Notwithstanding anything contained in clause (a) of sub-section (1) the ⁵[State Government] may direct that such sentence shall not operate as a disqualification.

(3) Where a person ceases to be councillor ¹[] under clause (a) or ²[clause (g)] of sub-section (1), he shall be restored to office for such portion of the period for which he was elected ³[or co-opted] as may remain unexpired at the date of such restoration, if and when the sentence or order is annulled on appeal or revision or ⁴[the disqualification caused by the sentence or incurred under section 71 is removed by an order of the State Government] ⁵[and any person elected] ⁶[or co-opted] to fill the vacancy in the interim shall on such restoration vacate office].

(4) In the case of a person who has ceased to be a councillor ⁷[] in consequence of failure to attend meetings the matter shall be reported by the, commissioner at the ⁸[next ordinary meeting] and the council may at that meeting restore such person to office.

Section 53-A. Oath or affirmation to be made by councillors

¹[53-A. ²[Oath or affirmation to be made by councillors]²[(1) Notwithstanding anything contained in the Indian Oaths Act, 1873 (Central Act X of 1873), every person who is elected or co-opted to be a councillor shall, before taking his seat, make, at a meeting of the council, an oath or affirmation in the following form, namely:-

‘I, A.B., having been of this council, do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.]

(2) Any person who having been ³(elected or co-opted) to be a councillor ⁴() fails to make, within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is 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 vacant.

(3) Any person who has been ³(elected or co-opted) to be a councillor ⁴() shall not take his seat at a meeting of the council or do any act as such councillor ¹[] unless he has made the oath or affirmation as laid down in sub-section (1).

(4) Notwithstanding anything contained in sub-section (3) a Mayor or Deputy Mayor or the chairman or a member of a ²[standing committee], who has not made the oath or affirmation as a councillor ¹[] shall be entitled to act as such Mayor, Deputy Mayor, chairman, or member:

Provided that he makes the oath or affirmation and takes his seat at the first meeting of the council which he attends within two months after he is elected as a Mayor, Deputy Mayor, chairman or member, as the case may be.]

Section 54. Decision of questions of disqualification of councillors and aldermen by the Chief Judge of Small Cause Court

54. Decision of questions of disqualification of councillors and aldermen by the Chief Judge of Small Cause Court.- (1) Whenever it is alleged that any person who has been dueled ³[or co-opted] as a councillor ⁴[] is disqualified under section 52 or section 53 ¹[or section 53-A] and such person does not admit the allegation or whenever any councillor ²[] is himself in doubt whether or not he has become disqualified for office, such councillor ²[] or any other councillor ²[] may, and the commissioner, at the request of the council, ³[or on a direction from the ⁴(State Government)] shall apply to the Chief Judge of the Small Cause Court.

(2) The said Chief Judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified under section 52 or section 53 ⁵[or section 53-A] and his decision shall be final.

⁶[(3) Until an application has been made under sub-section (1) and a decision thereon has been obtained, such person shall be entitled to act as if he were not disqualified].

Section 55. Term of office of councillors

General Rules for Election and ¹Co-option]

²[55.] Term of office of councillors.- ³[The term of office of councillors shall save as otherwise expressly provided in this Act, be ⁴(five years) beginning and expiring at noon on such date as me State Government may, by notification, appoint in that behalf:]

⁵[Provided that the State Government may, by notification, for sufficient cause, direct that the term of office of the councillors as a whole be extended or reduced by such period not exceeding ⁶[one year] as may be specified in the notification.]

Section 55-A. Election of divisional councillors

⁷55-A. Election of divisional councillors.- ⁸[(1)(a) Ordinary vacancies in the office of elected councillors shall be filled at ordinary elections which shall, subject to the approval of the State Government, be fixed by the Commissions to take place on such days within three months before the occurrence of the vacancies as he thinks fit:

Provided that the State Government may, for sufficient cause, direct or permit the holding of any ordinary election after the occurrence of the vacancy.

(b) A casual vacancy in the office of an elected councillor shall be filled at a casual election which shall, subject to the approval of the State Government be fixed by the Commissioner to take place as soon as may be after the occurrence of the vacancy:

Provided that no casual election shall be held to fill a vacancy occurring within six months before the date of retirement by efflux of time and that such vacancy shall be filled at the next ordinary election.

¹[(2)] Notwithstanding anything contained in this Act, the State Government may, for sufficient cause, direct from time to time the postponement or alteration of the date of an ordinary or casual election or any stge of any such election.]

¹[(3)] A ²[] councillor elected at a casual election shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

¹[(4) If a casual vacancy in the office of a co-opted councillor arises, the elected members of the council shall in accordance with the rules made by the State Government under sub-section (4) of section 5, co-opt to the council as its councillor a person who is a member of the Scheduled Castes or the Scheduled Tribes ²[or who is a woman, as the case may be, and] eligible for being elected as a councillor from any one of the divisions.]

³[(5) If, in any casual election held to fill a casual vacancy in the office of an sleeted councillor held by a person who is a member of the Scheduled Castes or the ??? Tribes or, as the case may be, a woman, the ??? elected to such office is not a person who is a ??? of the Scheduled Castes or the Scheduled ??? the case may be, or a woman, then, the ??? the council shall in accordnce with the rules made by the State Government under sub-section (4) of section 5, co-opt to the corner as its councillor a person who is a member of the ??? Castes or the Scheduled Tribes or, as the case ??? be, a woman, and eligible for being elected as a councilor from any one of the divisions.]

¹[(6) The term of office of a councillor co-opted under sub-section (4) or (5) shall continue for so long, only as the councillor in whose place he is co-opted would have been entitled to hold office if the vacancy had not occurred.]

Section 55-B. Special Officer to make arrangements for elections

²[55-B. Special Officer to make arrangements for elections.- (1) Notwithstanding anything contained in clause (a) of sub-section (1) of section 55-A, the Special Officer shall cause arrangements for elections to be conducted, so that the newly elected councillors may come into office on a day ³[within a period of one year from the 30th day of November, 1974]:

Provided that the State Government may, by notification, extend the said period for a further period not exceeding six months.

(2) For the purposes of sub-section (1) of this section, clause (a) of sub-section (1) of section 55-A shall have effect, as if for the words "within three months before the occurrence of the vacancies as he thinks fit", the words "so as to ensure that the newly elected councillors come into office with the period specified in sub-section (1) of section 55-B were substituted.]

Section 56. Procedure on failure of election

56. Procedure on failure of election.- (1) If from any cause no councillor is elected at an ordinary election held under ¹[section 55-A], the retiring councillor shall, if willing to serve, be deemed to have been re-elected.

²[(2) If, in any such case, the retiring councillor is not willing to serve or if at a casual election no councillor is elected, the commissioner shall fix a day for a fresh election.]

(3) The term of office of a councillor ³[] elected or deemed to have been re-elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or the casual election, as the case may be.

Section 56-A. Procedure, in case of equality of votes

⁴[56-A. Procedure, in case of equality of votes.- If there is an equality of votes between two or more candidates, the commissioner shall decide by drawing lots which candidate shall be deemed to have been elected.]

Section 56-B. [Omitted]

⁵[56-B. [Omitted]]- ⁴[* * *]

Section 56-C. [Omitted]

⁵[56-C. [Omitted]]- ⁴[* * *]

Section 57. Election of same person for more than one division

⁶[57. Election of same person for more than one division.- (1) If any person has been elected for two or more divisions, he shall, within three days from the date of the last of such elections, intimate to the commissioner, the division for which he chooses to serve.

(2) In default of such intimation, the commissioner shall ??? by let and notify the ??? for which such person shall serve.

(3) The said person shall be deemed to have been elected only for the division so chosen or so notified, as the case may be, and the vacancies thereby arising in the representation of the other divisions shall be filled by Fresh elections.]

Section 58. Notification of elections and appointment

¹[58. Notification of elections and appointment.- All elections of the Mayor ²[and Deputy Mayor] and all elections or ³(co-options) of councillors shall be ??? in the ⁴(Official Gazette).]

Section 59. Power of State Government to make election riles

59. Power of State Government to make election riles.- (1) The ⁵(State Government) may make rules regulating the procedure with regard to ⁶[elections and ⁷(co-options)].

(2) Without prejudice to the generality of sub-section (1) such rules may-

⁸[(a) [* * *]

(b) provide for the adjudication by the Court of Small Causes of disputes ¹[…….] arising out of ²[elections or ³(co-options)]; ⁴[and

(c) provide for all matters not expressly provided for in this Act relating to the election of the Mayor, the Deputy Mayor ⁵[or councillors] including deposits to be made by candidates standing for election as councillors, and the conditions under which such deposits may be forfeited:

Provided that the deposit required shall not exceed one hundred rupees.

⁶[* * *]

Section 60. [Omitted]

60. [Omitted]- ⁷[* * *]

Section 61. [Omitted]

61. [Omitted]- ⁷[* * *]

Section 62. [Omitted]

Election Offences

62. [Omitted]- ¹[* * *]

Section 63. [Omitted]

63. [Omitted]- ⁷[* * *]

Section 64. [Omitted]

64. [Omitted]- ⁷[* * *]

Section 65. [Omitted]

65. [Omitted]- ²[* * *]

Section 66. Infringement of secrecy of election

66. Infringement of secrecy of election.- ¹[Every officer, clerk, agent or other person performing any duty in connection with the recording of counting of ??? an election] who, 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 every person who by any improper means procures any such information, shall be punished with imprisonment of either description which may extend to, six months or with fine or with both.

Section 66-A. Minimum penalty for personation at an election

²66-A. Minimum penalty for personation at an election.- Notwithstanding anything contained in section 171-F of the Indian Penal Code (Central Act XLV of 1860) any person who in connection with an election under this Act commits an offence of personation punishable under that section, shall be punished with imprisonment for a term which shall not be less than six months and not more than two years and with fine.

Section 66-B. Promoting enmity between classes in connection with election

²66-B. Promoting enmity between classes in connection with election.- Any poi son who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall be punishable with, imprisonment for a term which may extend to three years, or with fine, or with both.

Section 66-C. Prohibition of public meetings on the day preceding the election day and on the election day

²66-C. Prohibition of public meetings on the day preceding the election day and on the election day.- (1) No person shall convene, hold or attend any public meeting in any division within twenty-four hours before the date of commencement of the poll or on the date or dates on which a poll is taken for an election in that division.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

Section 66-D. Disturbances at election meetings

¹66-D. Disturbances at election meetings.- (1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing, the transaction of the business for which the meeting was called together, shall be ??? with fine which may ??? to two hundred and fifty rupees.

(2) This section applies to any public meeting of a political character held in any division between the earliest date for making nomination of candidates for an election and the date on which such election is held.

(3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

Section 66-E. Restrictions on the printing of pamphlets, posters, etc.

¹66-E. Restrictions on the printing of pamphlets, posters, etc.- (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.

(2) No person shall print or cause to be printed any election pamphlet or poster-

(a) unless a declaration as to the identity of the publisher thereof signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and

(b) unless, within a reasonable time after the printing of the document, one-copy of the declaration is sent by the printer together with one copy of the document to the commissioner.

(3) For the purposes of this section,-

(a) any process for multiplying copied of a document, other than copying it by hand, shall be deemed to be printing and the expression ‘printer’ shall be construed accordingly; and

(b) ‘election pamphlet or poster’ means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

(4) Any person who contravenes any 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 with fine which may extend to two thousand rupees or with both.

Section 66-F. Officers, etc., at elections not to act for candidates or to influence voting

¹66-F. Officers, etc., at elections not to act for candidates or to influence voting.- (1) No person who is a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member a police force, shall endeavour-

(a) to persuade any person to give his vote at an election, or

(b) to dissuade any person from giving his vote at an election, or

(c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes 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 with fine or with both.

Section 66-G. Publication of canvassing in or near polling stations

¹66-G. Publication of canvassing in or near polling stations.- (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely;-

(a) canvassing for votes; or

(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 to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

(3) An offience punishable under this section shall be cognizable.

Section 66-H. Penalty for disorderly conduct in or near polling stations

¹66-H. Penalty for disorderly conduct in or near polling stations.- (1) No person shall, on the date or dates on which a poll is taken at any polling station,-

(a) use or operate within or at the entrance, of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus; for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or

(b) 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 neighbourhood thereof, so as to cause annoyance to any person visiting the polling station far the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravene 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 fine or with both.

(3) If the polling officer of a polling station has reason to believe that any ??? is committing or has committed an offence ??? this section, he may direct any ??? to arrest ??? and ??? shall ???.

(4) Any police ??? and use such force as ??? for preventing any ??? of sub-section ??? use ???.

Explanation.-In this section, the expression "polling officer" means the polling officer of a polling station or if there is a presiding officer at the polling station, such presiding officer.

Section 66-I. Penalty for misconduct at the polling station

¹66-I. Penalty for misconduct at the polling station.- (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the polling officer may be removed from the polling station by the polling officer or by any police officer on duty or by any person authorized in this behalf by such polling officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that polling station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the polling officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

Explanation.-In this section, the expression ‘polling officer’ has the same meaning as in section 66-H.

Section 66-J. Penalty for illegal hiring or procuring of conveyances at elections

¹66-J. Penalty for illegal hiring or procuring of conveyances at elections.- (1) No candidate or his agent or any other person with the consent of a candidate or his agent shall hire or procure whether on payment or otherwise any vehicle, or vessel for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station:

Provided that nothing in this sub-section shall apply to-

(a) the hiring of a vehicle or vessel by an elector or several electors at their joint costs for the purpose 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 any public transport vehicle or vessel or any railway carriage by any elector at his own cost for the purpose of going to or coming from the polling station.

Explanation.-In this sub-section the expression ‘vehicle’ means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(2) Any person who contravenes the provisions of sub-section (1) at or in connection with an election shall be punishable with which may extend to two hundred and fifty rupees.

Section 66-K. Breaches of official duty in connection with election

¹66-K. Breaches of official duty in connection with election.- (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five 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 whom this section applies are the returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be constraed accordingly, but shall not include duties imposed otherwise than by or under this Act.

Section 66-L. Removal of ballot papers from polling station to be offence

¹66-L. Removal of ballot papers from polling station to be offence.- (1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to 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 decency.

(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 officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

Section 66-M. Other offences and penalties therefor

¹66-M. Other offences and penalties therefor.- (1) No person at an election shall-

(a) fraudulently deface or fraudulently destroy any nomination paper; or

(b) fraudulently deface, destroy or remove any list, notice or other document affixed by or under the authority of a returning officer; or

(c) fraudulently deface or fraudulently destroy any ballot paper or the official mate on any ballot paper: or

(d) without due authority supply any ballot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper; or

(e) fraudulently put into any ballot box anything other than the ballot paper which he is authorised by law to put in; or

(f) without 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.

(g) fraudulently or without due authority,: as, the case may be, attempt to do any of the foregoing acts or wilfully aid or abet the doing of any such acts.

(2) Any person who contravenes the provisions of sub-section (1) shall-

(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;

(b) if he is any other person, be punishabl with imprisonment for a term which may extend the months or with fine or with both.

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression ‘official duty’ shall not include any duty imposed otherwise than by or under this Act.

(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

Section 66-N. Prosecution regarding certain election offences

¹66-N. Prosecution regarding certain election offences.- No court shall take cognizance of any offence punishable under section 66-F or under section 66-K or under clause (a) of sub-section (2) of section 66-M except on complaint in writing made by order of, or under authority from, the State Government.

Section 67. [Omitted]

67. [Omitted]- ²[* * *]

Section 68. [Omitted]

68. [Omitted]- ²[* * *]

Section 69. [Omitted]

69. [Omitted]- ²[* * *]

Section 70. [Omitted]

70. [Omitted]- ²[* * *]

Section 71. Order of disqualification

³[71. Order of disqualification.- Every person convicted of an offence punishable ⁴[under section 66, 66-A, 66-B, 66-C, 66-D, 66-E, 66-F, 66-G, 66-H, 66-1, 66-J, 66-K, 66-L, or 66-M] or under Chapter IX-A of the Indian Penal Code shall be disqualified from voting or from being elected in any election to which this Act applies ⁵(or from being co-opted as a councillor) or from holding the office of councillor ¹() for a period of five years from the date of his conviction ²()].

Section 71-A. Requisitioning of premises, vehicles, etc., for election purposes

³Requisitioning of property for election purposes

³71-A. Requisitioning of premises, vehicles, etc., for election purposes.- (1) if it appears to the State Government that in connection with an election under this Act-

(a) any premise other than residential buildings actually occupied are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or

(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or ocher person for performance of any duties in connection with such election, the State Government may, by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to them to be necessary or expedient in connection with the requisitioning:

Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose 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 addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of swell requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

(4) In this section-

(a) ‘premises’ means any land, building or part of a building and includes a hut, shed other structure or any part thereof;

(b) ‘vehicle’ means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

Section 71-B. Payment of compensation

¹71-B. Payment of compensation.- (1) Whenever in pursuance of section 71-A the State Government requisition any premises, there shall be paid by the Corporation to the persons interested compensation the amount of which shall be determined by the State Government by taking into consideration the following, namely:-

(i) the rent payable in respect of the premise, or if no rent is so payable, the rent payable for similar premises in the locality:

Provided that the rent payable in respect of the premises to which the provisions of the ²(Tamil Nadu) Buildings (Lease and Rent Control) Act, 1960 (²[Tamil Nadu] Act 18 of 1960) apply shall be the fair rent payable for the premises under this Act.

(ii) If in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:

Provided that where any person interested, being aggrieved by the amount of compensation so determined makes an application to the State Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:

Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to an arbitrator appointed in this behalf by the State Government for determination and shall be determined in accordance with the decision of such arbitrator.

Explanation.-In this sub-section, the expression ‘person interested’ means the person who was in actual possession of the premises requisitioned under section 71-A immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

(2) Whenever in pursuance of section 71-A the State Government requisition any vehicle, vessel or animal, there shall be paid by the Corporation to the owner thereof compensation the amount 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 or animal:

Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application to the State Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:

Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the State Government in this behalf may decide.

Section 71-C. Power to obtain information

¹71-C. Power to obtain information.- The State Government may, with a view to requisitioning any property under section 71-A or determining the compensation payable under section 71-B, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

Section 71-D. Powers of entry into and inspection of premises, etc.

¹71-D. Powers of entry into and inspection of premises, etc.- (1) Any person authorized in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 71-A should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section.

(2) In this section, the expressions ‘premises’ and ‘vehicle’ have the same meanings as in section 71-A.

Section 71-E. Eviction from requisitioned premises

¹71-E. Eviction from requisitioned premises.- (1) Any person remaining in possession of any requisitioned premises in contravention or any order made under section 71-A may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.

(2) Any officer so empowered may, after giving 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 for effecting such eviction.

Section 71-F. Release of premises front requisition

¹71-F. Release of premises front requisition.- (1) When any premises requisitioned under section 71-A are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

(2) Where the person to whom possession of any premises requisitioned under section 71-A is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.

(3) When a notice referred to in sub-section (2) is published in the Official Gazette the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

Section 71-G. Delegation of functions of the State Government with regard to requisitioning

¹71-G. Delegation of functions of the State Government with regard to requisitioning.- The State Government may, by notification, direct that any powers conferred or any duty imposed on the State Government by any of the provisions of sections 71-A to 71-F shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.

Section 71-H. Penalty for contravention of any order of requisitioning

¹71-H. Penalty for contravention of any order of requisitioning.- If any person contravenes any order 4 under section 71-A or section 71-C, he shall punishable with imprisonment for a term which extend to one year or with fine or with both.

Section 72. [Omitted]

Chapter-IV - General Powers of Municipal Authorities as to Property, Contracts, Establishment

Chapter IV. - General Powers of Municipal Authorities as to Property, Contracts, Establishment

Property

72. [Omitted]- ²[* * *]

Section 73. Limitation of power to accept property in trust

73. Limitation of power to accept property in trust.- The council may accept trusts relating exclusively to the furtherance of purposes to which the municipal fund may be applied.

Section 74. Acquisition of property and interests therein

74. Acquisition of property and interests therein.- Subject to the provisions of section 80, the commissioner may, for the purposes of this Act, acquire on behalf of the corporation movable or immovable property within or without the city or any interests in such property:

Provided that-

(a) the commissioner shall be bound by any resolution of the ¹[standing committee] fixing terms, rates or maximum prices for a particular case or for any class of cases;

(b) the sanction of the ¹[standing committee] shall be required for the exchange of any immovable property, for the taking of any property on lease for a term exceeding twelve months, or for the acceptance of any gift or bequest of property burdened by an obligation; and

(c) the sanction of the council shall be required-

(i) for the acceptance or acquisition of any immovable property if the value of the property which it is proposed to accept, acquire or give in exchange exceeds one thousand rupees;

(ii) for the taking of any property on lease for a term exceeding three years; or

(iii) for the acceptance of any gift or bequest of property burdened by an obligation if the value of such property exceeds one thousand rupees.

Section 75. Disposal of property and interests therein

75. Disposal of property and interests therein.- (1) Subject to the provisions of section 80, the commissioner may dispose by sale or exchange of any corporation movable property the value of which does not exceed ²[five thousand rupees] in each instance, or grant for any term not exceeding twelve months a lease of any corporation immovable property or a lease or concession of any right of fishing or grazing or of gathering and taking fruit and the like:

Provided that every such disposal, lease or concession made or granted by the commissioner shall be reported to the ¹[standing committee] within fifteen days.

²[(2) With the sanction of the standing committee on taxation and finance, the commissioner may lease or dispose by sale or exchange of any corporation movable property the value of which exceeds five thousand rupees but does not exceed ten thousand rupees in each instance and of any corporation immovable property the value of which does not exceed twenty-five thousand rupees or grant for any term not exceeding three years a lease of any corporation immovable property or a lease or concession of any such right as aforesaid.

(3) With the sanction of the council, the commissioner may lease, sell or otherwise dispose of any corporation movable property, the value of which exceeds ten thousand rupees and of any corporation immovable property the value of which exceeds twenty-five thousand rupees.]

(4) The sanction of the ¹[standing committee on taxation and finance] under sub-section (2) or that of the council under sub-section (3) may be given either generally or for any class of cases or specially for any particular case.

²[(5) The commissioner may lend or let out-on hire any corporation movable property on such conditions and for such periods as may be specified in regulations made by the ¹(standing committee on taxation and finance) in that behalf.]

Section 76. Procedure for acquisition of immovable property under the Land Acquisition Act, 1894

76. Procedure for acquisition of immovable property under the Land Acquisition Act, 1894.- Any immovable property which any municipal authority is authorized by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894, (Central Act I of 1894) and on payment of the compensation awarded under the said Act in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the corporation.

Section 76-A. Objects not provided for by this Act

¹[76-A. Objects not provided for by this Act.- The ²(State Government) may with the consent of the council transfer to the corporation the management of any institution or the execution of any work not provided for by this Act and it shall there-upon be lawful for the corporation to undertake such management or execution:

Provided that in every such case the funds required for such management or execution shall be placed at the disposal of the corporation by the ²(State Government).]

Section 77. Power of council to determine whethe works shall be executed by contract

Contracts

77. Power of council to determine whethe works shall be executed by contract.- The council may determine either generally for any class of cases or specially for any particular case whether the commissioner shall execute works by contract or otherwise.

Section 78. Power of several authorities to sanction estimates

³[78. Power of several authorities to sanction estimates.- (1) The commissioner may sanction any estimate, the amount of which does not exceed fifty thousand rupees.

(2) Where the amount of the estimate exceeds fifty thousand rupees, but does not exceed one lakh of rupees, the sanction of the standing committee shall be required; and when the amount of the estimate exceeds one lakh of rupees but does not exceed two lakhs of rupees, the sanction of the standing committee on taxation and finance shall be required.]

Section 79. Works costing more than two lakhs of rupees

79. Works costing more than ²[two lakhs of rupees].- (1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds ¹[two lakhs of rupees],-

(a) the commissioner shall cause a detailed report to be prepared including such estimates and drawings as may be requisite and the ²[standing committee on taxation and finance] shall lay the same before the council;

(b) the council shall consider the report and may reject the project or may approve it either in its entirety or subject to modifications.

(2)(a) Where the council approves the project, and the entire estimated cost exceeds ¹[seven Lakhs and fifty thousand rupees], the report, subject to any modifications as aforesaid, shall be submitted to the ²[State Government].

(b) The ²[State Government] may reject the project or may sanction it either in its entirety or subject to modification.

(c) The work shall not be commenced until the project has been sanctioned by the ²[State Government] with or without modification.

(d) No material change in the project sanctioned as aforesaid shall be carried into effect without the sanction of the ²[State Government].

Section 80. Central provision regarding contracts

80. Central provision regarding contracts.- (1) The council may enter into and perform all such contracts as it may consider necessary or expedient for carrying into effect the provisions of this Act.

(2) With respect to the making of contracts under or for any purpose of this Act, the following provisions shall have effect, namely:-

(a) every contract shall be made on behalf of the corporation by the commissioner;

(b) no contract for any purpose which in accordance with any provision of this Act, the commissioner may not carry out without the sanction ¹[or approval] of one of the other municipal authorities, shall be made by him unless such sanction ¹[or approval] has been given;

²[(c)[* * *]

²[(d)[* * *]

³[(e) every contract involving an expenditure not exceeding fifty thousand rupees may be made by the commissioner;

(f) no contract involving an expenditure exceeding fifty thousand rupees but not exceeding one lakh of rupees shall be made by the commissioner unless it has been sanctioned by the standing committee;

(g) no contract involving an expenditure exceeding one lakh of rupees but not exceeding two lakhs of rupees shall by made by the commissioner, unless it has been sanctioned by the standing committee on taxation and finance;

(h) no contract involving an expenditure exceeding two lakhs of rupees but not exceeding seven lakhs and fifty thousand rupees shall be made by the commissioner, unless it has been sanctioned by the council;

(i) no contract involving an expenditure exceeding seven lakhs and fifty thousand rupees shall be made by the commissioner, unless it has been sanctioned by the State Government;

(j) every contract made by the commissioner involving an expenditure exceeding two thousand rupees shall be reported to the standing committee within fifteen days after it has been made.]

(3) The provisions of sub-section (2) shall apply to any variation of a contract involving an increase of more than ten per centum on the expenditure involved in the original contract.

Section 81. Mode of making contracts

81. Mode of making contracts.- (1) Every contract entered into by the commissioner on behalf of the corporation shall be entered into in such manner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or discharged:

Provided that-

(a) the common seal of the corporation shall be affixed to every contract which, if made between private persons, would require to be under seal; and

(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding ¹[two thousand rupees] shall be in writing and shall be sealed with the common seal of the corporation and shall specify-

(i) the work to be done or the materials or goods to be supplied, as the case may be,

(ii) the price to be paid for such work, materials or goods, and

(iii) in the case of a contract for work, the time within which the work or specified portions thereof shall be completed.

¹[(2) The common seal of the corporation shall remain in the custody of the commissioner and shall not be affixed to any contract or to other instrument except in the presence of the commissioner and the commissioner shall sign the contract or instrument in token that the same was sealed in his presence.]

(3) No contract executed otherwise than as provided in this section shall be binding on the corporation.

Section 82. Invitation of tenders

²[82. Invitation of tenders.- (1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding ten thousand rupees, the commissioner shall give notice by advertisement inviting tenders for such contract:

Provided that the ³[standing committee on taxation and finance] in case the amount of contract exceeds ten thousand rupees, but does not exceed twenty-five thousand rupees, and the council, in case the, amount of the contract exceeds twenty-five thousand rupees, may, at the instance of the commissioner and for reasons which shall be recorded in its procedings, authorise the commissioner to enter into a contract without inviting tenders.

(2) Where the amount of any contract does not exceed ¹[fifty thousand rupees], the commissioner, on receipt of the Lenders in respect of such contract made in pursuance of the notice given under sub-section (1), may, subject to the provisions of section 80, accept any tender which appears to him, upon a view of all the circumstances, to be the most advantageous.

²[(3)(a) Where the amount of any contract exceeds fifty thousand rupees but does not exceed one lakh of rupees, the commissioner, on receipt of the tenders in respect of such contract made in pursuance of the notice given under sub-section (1), shall place the tenders before the standing committee, which may approve any tender which appears to it, upon a view of all the circumstances, to be the most advantageous, and thereupon the commissioner, shall, subject to the provisions of section 80, accept the tender so approved;

(b) Where the amount of any contract exceeds one lakh of rupees, but does not exceed two lakhs of rupees, the commissioner, on receipt of the tenders in respect of which such contract is made in pursuance of the notice given under sub-section (1), shall place the tenders before the standing committee on taxation and finance which may approve any tender which appears to it, upon a view of all the circumstances, to be the most advantageous, and thereupon the commissioner, shall, subject to the provisions, of section 80, accept the tender so approved;

(c) Where the amount of any contract exceeds two lakhs of rupees, but does not exceed seven lakhs and fifty thousand rupees, the commissioner on receipt of the tenders in respect of which such contract is made in pursuance of the notice given under sub-section (1), shall place the tenders before the council which may approve any tender which appears to it, upon a view of all the circumstances, to be the most advantageous and thereupon the commissioner shall subject to the provisions of section 80, accept the tender so approved;

(d) Where the amount of any contract exceeds seven lakhs and fifty thousand rupees, the commissioner on receipt of the tenders in respect of which such contract is made in pursuance of the notice given under sub-section (1), shall place the tenders before the State Government which may approve any tender which appears to them, upon a view of all the circumstances, to be the most advantageous and thereupon the commissioner, shall, subject to the provisions of section 80, accept the tender so approved.]]

Section 83. Saving of certain irregularities

83. Saving of certain irregularities.- When work is given on contract at unit rates and the number of units is not precisely determinable, the contract shall not be deemed to contravene the provisions of section 80, section 81 or section 82 merely by reason of the fact that the pecuniary limits therein laid down are eventually exceeded.

Section 84. Security for performance of contracts

84. Security for performance of contracts.- The commissioner shall take sufficient security for the due performance of every contract into which he enters after a tender has been accepted, and may take security for the due performance of any other contract into which he enters under this Act.

Section 85. Corporation establishment

Establishment

¹85. Corporation establishment.- (1) In addition to the two assistant commissioners and a personal assistant to the commissioned the corporation establishment shall consist of the following classes of officers, namely:-

Class I-A.-A health officer, an engineer, an electrical engineer, a waterworks engineer, a drainage engineer, a revenue officer, a chief accounts officer and an educational officer.

Class I-B.-Officers, who in the opinion of the council are of a status equivalent to the status of Class I-A officers appointed to serve under the corporation.

Class II.-Assistants to Class I-A and Class I-B officers.

Class III.-All other persons (not being persons holding posts in a service classified by the council as a last grade service) appointed to service under the corporation.

Class IV.-All persons holding posts in a service classified by the council as a last grade service.

(2) All Class I-A and Class I-B officers shall be heads of departments working under the commissioner.

(3)¹[(a) Every appointment to any post included in Class I-A shall be made by the State Government.]

(b) Every appointment ²[to any post included in] Class I-B or Class II shall be made by the council and shall be subject to confirmation by the State Government.

¹[(c) Appointments to all posts included in Class III and in Class IV and to all other posts not so included shall be made by the commissioner subject to the by-laws, if any, made by the council.]

Section 86. Conditions of service of corporation establishment

²86. Conditions of service of corporation establishment.- (1) Save as otherwise provided in this Act, the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the corporation establishment shall be regulated-

(i) in the case of Class I-A, Class I-B and Class II officers, by rules made by the State Government in this behalf;

(ii) in the case of the employees included in Class III and Class IV, by by-laws made by the council plunder section 349:

Provided that any ³[**] Class I-B or Class II officer may be removed from office by the State Government;

Provided further that-

(i) the amount of any salary, leave and leave allowances, ¹[allowances for house-rent, carriage hire, travelling expenses or any other allowances], gratuity or pension granted under the said by-laws shall in no case without the special sanction of the State Government exceed what would be admissible in the case of Government servants of similar standing and status, and

(ii) the conditions under which, such salary and allowances are granted or any leave, superannuation or retirement is Sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such Government servants.

²[(1-A) The State Government may-

(a) recover from the Corporation the whole or such proportion of the salary and allowances paid to any Class I-A officer and such contribution towards his leave allowances, pension and provident fund as the State Government may, by general or special order, determine;

(b) at any time, withdraw any Class I-A officer and appoint another in his place.]

(2) No officer or other employee of the Corporation shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(3) No such officer or employee as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that this sub-section shall not apply-

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge.

(b) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for reasons to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or

(c) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that in the interests of the security of the State it is not expedient to give to that person such an opportunity.

(4) if any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (3) or whether in the interests of the security of the State it is not expedient to give to any person such an opportunity under that sub-section, the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.

(5) Every officer of the Corporation establishment shall be a wholetime officer of the Corporation and no such officer shall undertake any work unconnected with his office without the permission of the Commissioner:

Provided that the order of the Commissioner granting such permission shall be placed before next meeting of the council.

Section 87. Time within which vacancy in certain posts must be filled up

Chapter-IV - General Power of Municipal Authorities as to property, Contracts, Establishment

¹87. Time within which vacancy in certain posts must be filled up.- (1) If a vacancy occurs in any office included in ²[**] Class I-B or Class II, or any new office in Class I-B or Class II is created, the council shall within three months appoint any qualified and suitable person to hold such office.

(2) If the State Government refuse to confirm the appointment so made, the council shall appoint some other qualified and suitable person within forty-five days from the receipt of the order refusing confirmation.

(3) In default of any appointment being made in accordance with sub-section (1) or sub-section (2) as the case may be, the State Government may appoint a person who in their opinion, is qualified and suitable to hold the office and such person shall be deemed to have been appointed by the council.

(4) Pending an appointment under sub-section (1) of sub-section (2), the council may appoint a person to hold the office temporarily and assign to him such salary as it may think fit:

Provided always that the salary so assigned shall not exceed the maximum fixed by the State Government by rules in respect of the office.

Section 88. Leave, pensionary and leave contributions of certain officers

¹88. Leave, pensionary and leave contributions of certain officers.- (1) If any ³[**] Class I-B or Class II officer is a civil or military officer in the service of the Government, and if any other officer or servant serving of having served under the Corporation, is or has been transferred from or to the service of the Government or is employed partly under the Government and partly under the Corporation, he shall be entitled to leave and other privileges in accordance with the rules and regulations of the branch of Government service to which he belongs and in force for the time being and the Corporation shall make such contribution towards his leave allowances, pension and provident fund as may be required to be made by him or on his behalf under the rules and regulations of the branch of the Government service to which he belongs.

(2) If any such officer is not a civil or military officer in the service of the Government, his leave and leave allowances, his superannuation or retirement, his gratuity or pension and the proportions of his pensionary or provident fund contribution payable respectively from his salary and from the municipal fund shall be governed by regulations approved by the State Government:

Provided that-

(a) the amount of any such leave and leave allowances, ¹[allowances for house-rent, carriage hire, travelling expenses or any other allowances], gratuity or pension shall in no case without the special sanction of the State Government exceed what would be admissible in the case of Government servants of similar standing and status; and

(b) the conditions under which such allowances are granted, or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favour able than those for the time, being prescribed for such Government servants.

Section 89. Power of State Government to appoint special officers

²89. Power of State Government to appoint special officers.- In the event of the occurrence of any unusual mortality or the prevalence or apprehended outbreak or any dangerous disease within the city, the State Government, if they consider immediate action necessary, may of their own motion appoint a special health officer wholly or partly at the expense of the municipal fund:

Provided that-

(a) the duration of the special office shall not exceed six months; and

(b) the corporation shall not be bound to pay more than five hundred rupees per mensem on account thereof.

Section 90. Establishment Schedule

¹90. Establishment Schedule.- (1) The commissioner shall lay before the ²[standing committee on taxation and finance] a schedule setting forth the designations and grades of the officers (other than Class I-A Officers) and servants who Should in his opinion constitute the corporation establishment, and embodying his proposals with regard to the salaries, fees and allowances payable to them:

Provided that nothing contained in the schedule of proposals aforesaid shall be inconsistent with the rules or by-laws referred to in sub-section (1) of section 86.

(2) The ²[standing committee on taxation and finance] may either approve or amend such schedule as it thinks fit and shall lay it before the council with its remarks, if any.

(3) The council shall sanction such be with or without modifications as it thinks fit.

(4) The commissioner may, from time to time, lay before the ¹[standing committee on taxation and finance] for its remarks, if any, his proposals to amend the schedule sanctioned by the council under sub-section (3). The proposals of the commissioner together with the remarks of the ¹[standing committee on taxation and finance] thereon shall be placed before the council. The council may either approve, reject or modify the amendments aforesaid.

(5) No new office in Class I-B and no new office in any other class, the maximum monthly salary of which exceeds three hundred rupees shall be created without the sanction of the State Government.

Section 91. Commissioner controls corporation establishment

²91. Commissioner controls corporation establishment.- Subject to the provisions of this Act and to the rules, by-laws and regulations for the time being in force, the commissioner shall prescribe the duties of the corporation establishment and exercise supervision and control over their acts and proceedings.

Section 92. Power to grant leave to establishment

²92. Power to grant leave to establishment.- Leave may be granted to the ³[officers and servants of the corporation (other than the assistant commissioners, the personal assistant to the commissioner and Class I-A officers)] by the commissioner.

Section 93. [Omitted]

93. [Omitted]- ¹[* * *]

Section 94. [Repealed]

94. Repealed- ¹[* * *]

Section 95. [Repealed]

95. Repealed- ¹[* * *]

Section 96. Provincialization of any class of officers or servants under the corporation

²96. Provincialization of any class of officers or servants under the corporation.- (1) Notwithstanding anything contained in this Act, the State Government may, by notification, constitute any class of officers or servants of the corporation into a ³[civil service for the ⁴(State of Tamil Nadu)].

(2) Upon the issue of a notification under sub-section (1), the State Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the ¹[civil service] thereby constituted and such rules may vest jurisdiction in relation to such service in the State Government or in such other authority or authorities as may be specified therein.

Section 97. Power of State Government to transfer officers and servants of the corporation or municipalities

²97. Power of State Government to transfer officers and servants of the corporation or municipalities.- Notwithstanding anything contained in this Act or in the ³[Tamil Nadu] District Municipalities Act, 1920 (³[Tamil Nadu] Act V of 1920), the State Government shall have power-

(a) to transfer any officer or servant of the corporation to the service of any municipality constituted under the ³(Tamil Nauu) Distinct Municipalities Act, 1920 (³[Tamil Nadu] Act V of 1920) of to transfer any officer or servant of any such municipality to the service of the corporation;

(b) to issue such general or special directions as they may think necessary for the purpose of giving due effect to any transfer made under clause (a).

Section 98. Enumeration of taxes and duties

Chapter-V - Taxation

PART III

TAXATION AND FINANCE

Chapter V. - Taxation

Enumeration of Taxes

98. Enumeration of taxes and duties.- The ¹[council] may levy-

(a) a property tax,

(b) a tax on companies,

(c) a profession tax,

(d) a tax on carriages and animals,

(e) a tax on carts,

(f) a tax on timber brought into the city,

²[and may, with the previous sanction of the ³(State Government), levy,

(g) a tax on advertisements]

and may, with the previous sanction of the ³[State Government] ⁴[……….], levy

⁵[(h)] a duty on certain transfers of property in the shape of an additional stamp duty:

¹[Provided that the tax on companies shall only be leviable if it was being levied immediately before the commencement of ²(the Constitution) and shall only be leviable until provision to the contrary is made by ³(Parliament by law)].

Section 98-A. Powers of control of State Government

⁴[98-A. Powers of control of State Government.- (1) Before the council passes any resolution imposing a tax or duty for the first time it shall direct the commissioner to publish a notice in the ⁵(Official Gazette) and in the local newspapers of its intention and fix a reasonable period not being less than one month from the date of publication of such notice in the ⁵(Official Gazette) for submission of objections. The council may, after considering the objections, if any, received within the period specified, determine by resolution to levy the tax or duty. Such resolution shall specify the rate at which, the date from which and the period of levy, if any, for which such tax or duty shall be levied.

(2) When the council shall have determined to levy any tax or duty for the first time or at a new rate, the commissioner shall forthwith publish a notice in the manner laid down in sub-section (1) specifying the date from which, the rate at which and the period of levy, if any, for which such tax or duty shall be levied.

(3) Any resolution abolishing an existing tax or duty or reducing the rate at which any tax or duty is levied shall not be carried into effect without the sanction of the ¹(State Government), but such sanction shall not be necessary for a resolution reducing the rate at which property tax is levied; provided that such reduction does not contravene the proviso to sub-section (2) of section 99.

(4) Where any resolution under this section has taken effect for a particular year, no proposal to alter the rates or the date fixed in such resolution so far as that year is concerned shall be taken into consideration by the council without the sanction of or a direction from the ¹(State Government).]

Section 99. Description and class of property tax

The Property Tax

99. Description and class of property tax.- ²[(1) If the council by a resolution determines that a property tax shall be levied, such tax shall be levied on all buildings and lands within the city save those exempted by or under this Act or any other law. The property tax may comprise-

(a) a tax for general purposes;

(b) a water and drainage tax for the purpose of defraying the expenses connected with the water and drainage systems of the city;

(c) a lighting tax for the purpose of defraying the expenses connected with the lighting of the city:

Provided that where the water and drainage tax is levied the council shall declare what proportion of the tax is levied in respect of water-works and the remainder shall be deemed to be levied in respect of drainage works and the proportion so declared shall also be specified in the notice published under sub-section (2) of section 98-A.

(2) Save as otherwise provided in this Act, these taxes shall be levied at such percentages of the annual value of buildings and lands as may be fixed by the council:

Provided that the aggregate of the percentages so fixed shall not in the case of any land or building be less than 15½ per cent or greater than 20 per cent of its annual value.]

(3) For the purpose of assessing the property tax the annual value of any building or land shall be determined by the commissioner:

¹[Provided that the annual value of any building or land the tax for which is payable by the commissioner shall be determined by the Mayor.]

Section 100. Method of assessment of property tax

100. Method of assessment of property tax.- (1) Every building shall be assessed together with its site and other adjacent premises occupied as appurtenances thereto unless the owner of the building is a different person from the owner of such site or premises.

(2) The annual value of lands and buildings shall be deemed to be the gross annual rent at which they may ²[at the time of assessment] reasonably be expected to let from month to month or from year to year ³[less a deduction, in the case of buildings, of ten per cent of that portion of such annual rent which is attributable to the buildings alone, apart from their sites and the adjacent lands occupied as an appurtenance thereto] and the said deduction shall be in lieu of all allowance for repairs or on any other account whatever:

Provided that-

¹[(a) in the case of

(i) any Government or railway building; or

(ii) any building of a class not ordinarily let the gross annual rent of which cannot in the opinion of the commissioner be estimated.

The annual value of the premises shall be deemed to be six per cent of the total of the estimated market value of the land at the time of assessment and the estimated cost of erecting the building at such time after deducting for depreciation a reasonable amount which shall in no case be less than ten per centum of such cost, and]

(b) machinery ²[and furniture] shall be excluded from valuations under this section:

³[Provided further that where the annual value of any land or building is attributable partly to the use of such land or building or any portion thereof for the display of any advertisement or advertisements and tax is levied under this Act in respect of such advertisement or advertisements, the annual value of such land or building for the purpose of assessing the property tax thereon shall be ascertained as if such land building or portion is not used for the display of such Advertisement or advertisements.]

(e) charitable hospitals and dispensaries but not including residential quarters attached thereto.

(f) such hospitals and dispensaries maintained by railway administrations as may from time to time be notified by the ¹[State Government], but not including residential quarters attached thereto;]

²[(g)] burial and burning grounds included in the list published by the commissioner under section 321(3) of this Act;

²[(h)] the bed of the Cooum, the bed of the Adyar, the Buckingham canal, ³[⁴(Government lands) set apart free for recreation purposes] ⁵[and all such other ⁶(Government property) (being neither buildings nor land from which in the opinion of ⁷[the State Government] any income could be derived) as may from time to time be notified by the ¹(State Government)];

¹[Provided that ²(the Government) ³(does) not derive any income from such beds]; and

⁴[(i)] ⁵[any building or land the annual value of which is less than thirty-six rupees provided that the owner thereof is not liable to profession-tax or income-tax and provided further that no other building or land is owned by him or the aggregate annual value of all the buildings and lands owned by him is less than thirty-six rupees:]

⁶[Provided that nothing contained in clauses (a), (c) and (e) shall be deemed to exempt from property tax any building or land for which rent is payable by the person or persons using the same for the purposes referred to in the said clauses.]

Section 101. General exemptions

101. General exemptions.- ???

Section 102. Special exemptions and alternative bases of property tax

102. Special exemptions and alternative bases of property tax.- ⁷[The rates of property tax fixed by the council may be proportionate to the value of each building or land or may advance in systematic progression with the value of the building or land, but shall in no case decrease as the value of the building or land, increases. When a progressive rate has been adopted by the council, it shall prescribe the principles of classification (as that a certain sum which shall be tax-free shall be deducted from the assessment of each building or land or that the progression shall be from a certain percentage in the lowest to a certain percentage in the highest class) and the precise number and limits of each class:]

Provided that-

(a) the council may, with the sanction of the ¹[State Government], exempt any local area from the whole or a portion of the water and drainage tax or of the lighting tax on the ground that ²[such area is not deriving any or the full benefit] from the water-supply and drainage or from the lighting system;

³[* * *]

³[(b)] in the case of any land which is not appurtenant to any building or which is occupied by or appurtenant to huts the commissioner may assess the land or premises, as the case may be, with reference to extent in lieu of annual value and at such rates as he may himself determine subject always to the following maxima per ground of land measuring two thousand and four hundred square feet:-

(i) for the water and drainage tax-three rupees;

(ii) for the lighting tax-one rupee;

(iii) for the tax for general purposes-four rupees;

³[(c)] in the case of lands and buildings vested in the trustees of the Port of Madras the property tax leviable in any year shall not exceed four per centum of the gross earnings made by the Port Trust in that year.

Section 103. Property tax, a first charge on property and movables

103. Property tax, a first charge on property and movables.- The property tax on buildings and lands shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or lands and upon the movable property, if any, found within or upon such buildings or lands and belonging to the person liable to such tax.

Section 104. Property tax when payable

¹[104. Property tax when payable.- The property tax shall be levied every half-year and shall, save as Otherwise expressly provided in Schedule IV, be paid by the owner of the assessed premises within fifteen days after the commencement of the half-year.]

Section 105. Vacancy remission

²[105. Vacancy remission.- (1) When any building whether ordinarily let or occupied by the owner himself has been vacant and unlet for thirty or more consecutive days in any half-year, the commissioner shall remit so much, not exceeding one-half of such portion of the tax as relates to the building only as is proportionate to the number of days during which the building was vacant and unlet in the half-year.

(2) Every claim for remission under sub-section (1) shall be made during the half-year in respect of which the remission is sought or in the following half-year and not afterwards.

(3)(a) No claim for such remission shall be entertained unless the owner of the building or his agent has previously thereto delivered a notice to the commissioner-

(i) that the building is vacant and unlet; or

(ii) that the building will be vacant and unlet from a specified date either in the half-year in which notice is delivered or in the succeeding half-year.

(b) The period in respect of which the remission is made shall be calculated-

(i) if remission is sought in respect of the half-year in which notice is delivered, from the date of delivery of the notice or from the date on which the building became vacant and unlet, whichever is later; and

(ii) if remission is sought in respect of the half-year succeeding that in which the notice is delivered, from the commencement of the half-year in respect of which remission is sought or from the date on which the building became vacant and unlet, whichever is later.

(c) Every notice under clause (a) shall expire with the half-year succeeding that during which it is so delivered, and shall have no effect thereafter.]

Section 106. Obligation of transferor and transferee to give notice of transfer

106. Obligation of transferor and transferee to give notice of transfer.- (1) Whenever the title of any person primarily liable to the payment of the property tax on any premises to or over such premises is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall, within three months after the execution of the instrument of transfer or after its registration if it be registered or after the transfer is effected, if no instrument be effected, give notice of such transfer to the commissioner.

(2) In the event of the death of any person primarily liable as aforesaid the person to whom the title of the deceased shall be transferred as heir or otherwise shall give notice of such transfer to the commissioner within one year from the death of the deceased.

(3) The notice to be given under this section shall be in such form as the commissioner may direct and the transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to produce before the commissioner any documents evidencing the transfer or succession.

(4) Every person who makes a transfer as aforesaid without giving such notice to the commissioner shall ¹[in addition to any other liability which he may incur through such neglect] continue liable for the payment of the property tax assessed on the premises transferred until he gives notice or until the transfer shall have been recorded in the municipal registers, but nothing in this section shall be held to affect-

(a) the liability of the transferee for the payment of the said tax, or

(b) the prior claim of the corporation under section 103.

Section 107. Owner's obligation to give notice of construction or reconstruction or demolition of building

²[107. Owner's obligation to give notice of construction or reconstruction or demolition of building.- (1)(a) If any building in the city is constructed or re-constracted, the owner shall give notice thereof to the commissioner within fifteen days from the date of completion or occupation of the building, whichever is earlier.

(b) If such date falls within the last two months of a half-year, the owner shall, subject to notice being given under clause (a), be entitled to a remission of the whole of the tax or enhanced tax, as the case may be, payable in respect of the building only, for, that half-year.

(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 to a remission of so much, not exceeding a half, of the tax or enhanced tax as the case may be, payable in respect of the building only, for that half-year as is proportionate to the number of days in that half-year preceding such date.

(2)(a) If any building in the city is demolished or destroyed, the owner shall, until notice thereof is given to the commissioner be liable for the payment of the property tax for which he would have been liable had the building not been demolished or destroyed.

(b) If such notice is given within the first 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 half-year.

(c) If such notice 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 building only, for that half-year as is proportionate to the number of days in that half-year succeeding the demolition or destruction as the case may be.]

Section 108. Remission of tax in areas included or excluded in the middle of a half-year

¹[108. Remission of tax in areas included or excluded in the middle of a half-year.- (1) If any area is included in the city, the owner of every building or land in such area shall-

(a) if the date of such inclusion falls within the last two months of a half-year, not be liable to pay any property tax in respect thereof for that half-year; and

(b) if such date falls within the first four months of a half-year, be entitled to a remission of so much, not exceeding a half, of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year preceding such date.

(2) If any area is excluded from the city, the owner of every building or land in such area shall be entitled-

(a) if the date of such exclusion falls within the first two months of a half-year, to a remission of the whole of the property tax payable in respect thereof for that half-year; and

(b) if such date falls within the last four months of a half-year, to a remission of so much, not exceeding a half of the property tax payable in respect thereof for that half-year as is proportionate to the number of days in that half-year succeeding such date.

(3) No remission shall be granted under sub-section (2) in respect of any building or land unless an application for such remission is made to the commissioner within three months from the date of the exclusion of the area in which the building or land is situated.]

Section 108-A. Power of commissioner to condone omission to give notice

¹[108-A. Power of commissioner to condone omission to give notice.- The commissioner may at his discretion condone omissions to give notice ²(under section 105, 106, 107 or 108), giving his reasons in writing for every such condonation.]

Section 109. Commissioner's power to call for information and to enter upon premises

109. Commissioner's power to call for information and to enter upon premises.- (1) For the purpose of assessing the property tax, the commissioner may, by notice, call on the owner or occupier of any building or land to furnish him ³[within thirty days after the service of the notice where the notice is served upon the Government, a railway administration or a company and within fourteen days after such service in other cases] with retinas of the rent payable for the building or land, the cost of erecting the building and the measurement of the land ⁴[and with such other information as the commissioner may require], and every owner or occupier upon whom any such notice is served shall be and to comply with it and to make a true return to the best of his knowledge or belief.

(2) For the purpose aforesaid the commissioner may enter, inspect, survey and measure any building or land, after giving twenty-four hours' notice to the owner or occupier.

Section 110. Taxation of companies trading for sixty days in half-year on their capital

Tax on Companies

¹[110. Taxation of companies trading for sixty days in half-year on their capital.- If the council by a resolution determines that a tax on companies shall be levied, every company which, after the date specified in the notice published under sub-section (2) of section 98-A transacts business within the city in any half-year for not less than sixty days in the aggregate shall pay, in addition to any licence fee that may be leviable under this Act, a half-yearly tax assessed in accordance with the rules in Schedule IV, but in no case exceeding rupees one thousand:

Provided that any society, which is registered or deemed to be registered under the^* Madras Co-operative Societies Act, 1932 (Madras Act VI ??? 1932), and the paid-up capital of which is less than fifty thousand rupees and any other society registered or deemed to be registered under the same Act and any society registered under the ²[Companies Act, 1956] and intended solely for the benefit of poor and destitute families, which on the recommendation of the commissioner the council may by resolution exempt from the payment of the tax on companies, shall not be liable to the tax on companies, but such society shall be liable to profession tax.]

Section 111. Tax on professions, arts, callings, business and appointments

Profession Tax

¹[111. Tax on professions, arts, callings, business and appointments.- (1) If the council by a resolution determines that a profession lax shall be levied, every person not liable to the tax on companies, who ??? have exercised a ??? an appointment within the city if the person has an office or place of employment within the city.

Explanation 2.-A touring officer whose headquarters is within the city shall be liable for the payment of profession tax even though he has not stayed at headquarters for the period specified in this sub-section provided that his connexion with the appointment has subsisted for such period.

Explanation 3.-Every person who exercises a profession, art or calling or holds any appointment within the limits of Fort St. George shall be deemed to exercise such profession, art or calling or to hold such appointment within the city.

Explanation 4.-Any amount received by a person in commutation of his pension or any portion of his pension, shall not be deemed to be a pension within the meaning of this sub-section.

(2) A person shall be chargeable under the class expropriate to his aggregate income from all the sources specified in sub-section (1) as being liable the tax.

(3) Nothing contained in this section shall be ??? to render a person who resides within the limits of any local authority and exercises his ??? art or calling or transacts business ??? any appointment within the limits of any other ??? authority or authorities, liable to profession tax ??? more than the higher of the amounts of the tax viable by any of the local authorities. In such case the ¹(State Government) shall apportion ??? tax between the local authorities in such manner they may deem fit and the decision of the ¹(State Government) shall be final:]

²[Provided that where one of the local ??? concerned is a cantonment authority or the port authority of a major port, the decision of the ³(State) Government shall be subject to the concurrence of the Central Government.]

Section 112. Liability of member of firm or undivided family for profession tax

⁴[112. Liability of member of firm or undivided family for profession tax.- The profession tax leviable from a firm, association or joint Hindu family may be levied from any adult member of that firm, association or family.]

Section 113. Payment when due and notice to pay

Provisions common to Companies' and Profession Tax

¹113. Payment when due and notice to pay.- (1) The expression "transacts business" in sections 110 and 111 shall be deemed to include the doing of acts of business of whatever nature, whether isolated or not, such as soliciting, obtaining or transmitting orders, or buying, making, manufacturing, exporting, importing, receiving, transmitting or otherwise dealing with goods.

(2) Where for the purpose of transacting business within the city a company or person has an office or has an agent or firm to represent it or him, the company or person shall be deemed to transact business within the city, whether or not such office, agent or firm Has power to make binding contracts on behalf of the company or person; and the person in charge of such office or the agent or firm, as the case may be, shall be liable for the tax payable by the company or person.

(3) A company otherwise liable to the tax on companies under section 110 or a person otherwise liable to profession tax under section 111 shall not cease to be liable to such tax by reason only of its or his head office or the place from which its or his business is controlled being situated outside the city or by reason only of the fact that its or his transactions are closed outside the city.

(4) Every company or person transacting business within the limits of Fort St. George, shall be deemed to transact such business within the city.

(5) If a company or person proves that it or he has paid the sum due on account of the companies' or profession tax levied under this Act or under ¹[any other ²(Tamil Nadu Act)], or any tax of the nature of a companies' or profession tax imposed under the Cantonments Act, 1924 (Central Act II of 1924), for the same half-year, to the Corporation of Madras or any other municipal council or any ³[panchayat union council, panchayat, township committee] or cantonment authority in the ⁴[State of Tamil Nadu], such company or person shall not be liable, by reason merely of change of place of business, exercise of profession, art or calling, appointment or residence, to pay to the Corporation of Madras or any other municipal council or to any ³[panchayat union council, panchayat, township committee] or cantonment authority more than the difference between such sum and the amount to which it or he is otherwise liable for the companies' or profession tax for the half-year under this Act or any of the aforesaid Acts.

(6) If the companies' or profession tax due from any company or person in respect of any half-year is not paid, the commissioner shall cause a notice to be served on such company or person to pay such tax within fifteen days of the date of such service.]

Section 113-A. Statements, returns, etc., to be confidential

⁵[113-A. Statements, returns, etc., to be confidential.- All statements made, returns furnished or accounts or documents produced in connexion with the assessment of companies' or profession tax by any company or person shall be treated as confidential and copies thereof shall not be granted to the public.]

Section 114. Requisition on owner or occupier to furnish list of persons liable to tax

114. Requisition on owner or occupier to furnish list of persons liable to tax.- The commissioner may by notice require the owner or occupier of any building or land and every secretary or manager of a hotel, boarding or lodging house, club, or residential chambers to furnish within a specified time a list in writing containing the names ¹[and residential addresses] of all ²[persons occupying such building, land, hotel, boarding or lodging house, club or residential chambers] and specifying the profession, art, trade or calling or appointment of every such person and the rent, if any, paid by him ³[and the period of such occupation].

Section 115. Requisition on employers or their representatives to furnish list of persons liable to tax

115. Requisition on employers or their representatives to furnish list of persons liable to tax.- The commissioner may by notice require any employer or the head or secretary or manager of any public or private office, hotel, boarding-house or club, or of a firm or company-

(a) to furnish within a specified time a list in writing of the names ⁴[and residential addresses] of all persons employed by such employer or by such office, hotel, boarding-house or club, firm or company as officers, servants, dubashes, agents, suppliers or contractors with a statement of the salary or income of each of such employed persons; and

(b) to furnish particulars in regard to any ⁵[company] of which such employer, head, secretary or manager, as the case may be, is the agent.

Section 116. General provisions regarding tax on carriages and animals

Tax on Carriages and Animals

116. General provisions regarding tax on carriages and animals.- ¹[(1) If the council by a resolution determines that a tax on carriages and animals shall be levied, the commissioner shall levy the said tax half-yearly or carriages and animals kept within the city which are of the kinds specified in Part III of Schedule IV.]

(2) The rates of the tax shall be determined by the council, provided always that they shall not exceed the maxima laid down in Part III of Schedule IV.

Section 117. Liability to tax according to period for which carriage or animal has been kept

117. Liability to tax according to period for which carriage or animal has been kept.- (1) Every person having possession, custody or control of any taxable carriage or animal shall be liable for the full half-yearly tax if the carriage or animal has been kept within the city for an aggregate period of not less than sixty days in the half-year.

²[(2) If such aggregate period exceeds fifteen days but is less than sixty days, a moiety only of he half-yearly tax shall be leviable.

(3) If such aggregate period does not exceed fifteen days, no tax shall be leviable for the half-year.]

²[(4)] Every person having possession, custody or control of any taxable carriage or animal within the city shall, until the contrary is shown, be presumed to have kept the same within the city for sixty days in the half-year.

²[(5)] Notwithstanding anything contained in mb-section (1), no person shall be liable to taxation luring any half-year on account of any carriage or animal in respect of which the full tax for the same half-year has already been paid by some other person.

Section 118. Exemptions

118. Exemptions.- The carriage and animal tax shall not be levied on-

(a) carriages and animals belonging to the ¹[Government];

(b) carriages and animals belonging to members of the ²[city police] or to officers or servants of the corporation employed on out-door duties, ³[provided that the exemption under this clause shall extend only to a carriage or animal required to be kept by any such member, officer or servant for the discharge of his official duties];

(c) carriages and animals kept solely for sale by carriage-makers and dealers;

(d) carriages which have been under repair or standing at a carriage-maker's during the whole of the half-year;

(e) animals which during the whole of the half-year have been kept in any institution for the reception of infirm or disused animals or which are certified by a veterinary surgeon to have been unfit for use, during the whole of the half-year.

⁴[* * *]

Section 119. Composition

119. Composition.- With the sanction of the ⁵[central committee] or in accordance with regulations framed by that body, the commissioner may compound, for any period not exceeding one year, with any livery stable-keeper or other person keeping carriages and animals for sale or hire, for a certain sum to be paid in lieu of the carriage and animal tax.

Section 120. Requisition on occupier to furnish statement of persons liable to tax

120. Requisition on occupier to furnish statement of persons liable to tax.- (1) The commissioner may by notice require the occupier of any premises to furnish him with statement-

(a) showing the name and address of every person who has possession, custody or control of any carriage or animal which is kept in such premises and is liable to the carriage and animal tax;

(b) containing a description of every such carriage or animal.

(2) The occupier shall sign the statement and transmit it to the municipal office within one week from the date of his receipt of the notice.

Section 120-A. Forms to be sent to and returned by tax payers

¹[120-A. Forms to be sent to and returned by tax payers.- (1) The Commissioner shall send to every person supposed to have become liable to the payment of the tax on carriages and animals a printed table to be filled up with such information respecting the carriages and animals kept by him as the commissioner considers necessary for the assessment of the tax.

(2) Such table shall be filled up with such information in writing, signed and dated and returned within one week of its receipt to the municipal office by the person to whom it has been sent.

(3) On the expiry of the period of one week referred to in sub-section (2) the commissioner shall cause a notice to be served on such person requiring him to pay within fifteen days of the date of such service the sum for which in the opinion of the commissioner such person is liable on account of the tax on carriages and animals.]

Section 121. Grant of licence on payment of tax

121. Grant of licence on payment of tax.- When any person pays the amount of tax due in respect of any carriage or animal, the commissioner shall grant him a licence to keep such carriage or animal for the period to which the payment relates.

Section 122. Power to require numbers to be affixed to carriages

¹[122. Power to require numbers to be affixed to carriages.- (1) The commissioner shall direct that a municipal number shall be affixed to every carriage kept within the City.

(2) The numbers affixed under sub-section (1) shall be registered in the municipal office.]

Section 123. Obligation of Commissioner of Police to satisfy himself of payment of municipal tax on hackney carriage before registering it

123. Obligation of Commissioner of Police to satisfy himself of payment of municipal tax on hackney carriage before registering it.- Before registering any hackney carriage under the ²[Tamil Nadu] Hackney Carriage Act, 1911 ²(??? Act ??? 1911), the Commissioner of Police shall satisfy himself that the corporation has received payment of the tax, if any, due under section 116 on account of the last preceding half-year and the current half-year.

Section 124. General provisions regarding cart-tax

Tax on Carts

124. General provisions regarding cart-tax.- ³[(1) If the council by a resolution determines that a tax shall be levied on carts, the commissioner shall levy the said tax half-yearly at the rate or rates (which shall not exceed eight rupees per cart per half-year) fixed by the council and from the date specified in the notice published under section 98-A on all classes of carts kept within the city:

Provided that no person shall be liable to tax during any half-year on account of any cart in respect of which the tax for the same half-year has already been paid by some other person:

Provided further that in the case of single bullock carts the tax shall not exceed four rupees half-yearly:

Provided further that in fixing the said rates, the council shall have regard to the extent of damage caused by different classes of carts to the road.

(2) Every owner of any such cart shall register it once in every half-year in the municipal office.]

(3) Affixing number on carts.- The commissioner may direct that a municipal number shall be affixed to every registered cart.

(4) Notification of days of registration.- The commissioner shall notify certain days in every half-year for the registration and numbering of carts and the payment of the tax.

(5) Entry of registration in book.- All registrations made and numbers affixed under this section shall be entered in a book to be kept for the purpose at the municipal office.

(6) Inspection of register.- Such book shall be open to the inspection of any tax-payer at all reasonable times without charge ???.

Section 125. Exemptions

125. Exemptions.- Nothing in section 124 shall apply to-

(a) gun carriages, ordnance carts or wagons or other such property of the ¹[Government]; and

(b) carts kept solely for sale by cart-makers and dealers.

Section 126. Power to remit tax on cart kept for less than fifteen days or not used

126. Power to remit tax on cart kept for less than fifteen days or not used.- The commissioner may remit the whole or a portion of the cart-tax in respect of any cart which is shown to his satisfaction to have been kept ²[….] within the city for an aggregate period not exceeding fifteen days in the half-year or to have been under repair or standing at a cart-maker's during the whole of the half-year.

Section 127. Seizure of vehicles not bearing numbers

Power to seize Carriages and Carts not bearing numbers

127. Seizure of vehicles not bearing numbers.- If a municipal number is not affixed to a carriage or cart in pursuance of a direction issued under section 122 or section 124, as the case may be, the commissioner may at any time seize and detain the vehicle and the animal, if any, by which it is drawn:

Provided that no vehicle other than a bicycle, tricycle, ¹[……..] or rickshaw shall be seized or detained when actually employed in the conveyance of any passenger or goods.

Section 128. Procedure after seizure

128. Procedure after seizure.- (1) If a vehicle or animal is detained under section 127 and the owner or other person entitled thereto does not claim the same and pay the tax, if any, due thereon within ten days from the date of seizure, the commissioner may direct that the vehicle or animal shall be sold in public auction and the proceeds of the sale applied to the payment of-

(i) the tax, if any, due on the vehicle or animal sold;

(ii) such penalty not exceeding the amount of the tax as the commissioner may direct; and

(iii) the charges incurred in connexion with the seizure, detention and sale.

(2) If there is a surplus after such payment, the commissioner shall, on demand made within six months from the date of sale, make it over to the owner or other person entitled thereto. If no such demand is made, such surplus shall be forfeited to the corporation.

(3) If the owner of the vehicle or animal or other person entitled thereto claims the same within ten days from the date of seizure or at any time before the sale, it shall be returned to him on payment of-

(i) the tax due thereon;

(ii) such penalty not exceeding the amount of the tax as the commissioner may direct; and

(iii) the charges incurred in connexion with the seizure and detention.

Section 129. Tax on timber

Tax on Timber

¹[129. Tax on timber.- (1) If the council by a resolution determines that a tax shall be levied on timber brought into the city, such tax shall be levied at such rates, not exceeding five rupees per ton, and in such manner as may be determined by the council:

Provided that no tax shall be levied on any timber brought into the city in the course of transit to any place outside the city and directly removed out of the city by rail, road or water.

(2) No timber shall, except in the case referred to in the proviso to sub-section (1), be brought into the city unless the tax due thereon has been paid.

(3) The tax shall be levied on timber kept within the city for sale if the commissioner has reason to believe that the tax, if any, due thereon has not been paid:

Provided that the tax shall not be levied if the person keeping the timber for sale produces satisfactory proof of the previous payment of the tax thereon.

(4) The commissioner may call for the accounts of any person keeping timber for sale for the purpose of levying the tax under sub-section (3).

(5) If the commissioner is satisfied that any person has wilfully evaded the payment of any tax leviable under this section, the commissioner may direct that such person shall, in addition to such tax, pay by way of penalty a sum not exceeding the amount of such tax. Such penalty shall be recoverable in the same manner as the tax.

(6) The council may make by-laws for the seizure and sale of timber in respect of which the tax due is not paid and otherwise for carrying out all or any of the provisions relating to the levy of tax on timber.]

Section 129-A. Tax on advertisements

¹[Tax on Advertisements]

¹[129-A. Tax on advertisements.- Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as the, council may, with the approval of the ²[State Government], by resolution determine:

Provided always that the rates shall be Subject to the maxima and minima laid down by the ²[State Government] in this behalf:

Provided also that no tax shall be levied under this section on any advertisement or a notice-

(a) of a public meeting, or

(b) of an election to any legislative body or the Corporation of Madras, or

(c) of a candidature in respect of such an ???:

Provided further that no such tax shall be levied on any advertisement which is not a sky-sign and which

(a) is exhibited 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 land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in the same; or

(c) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or

(d) relates to the busmen of any railway company; or

(e) is exhibited within any railway station or upon any wall or other property of a railway company except any portion of the surface of such wall or property fronting any street.

Explanation 1.-The word ‘structure’ in this section shall include ¹[any vehicle and] any movable board on wheels used as an advertisement or an advertisement medium.

Explanation 2.-The expression ‘sky-sign’ shall, in this 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 which, or any part of which sky-sign, shall be visible against, the sky from some point in any public place and includes all and every part of any such post, pole, standard, frame-work or other support. The expression ‘sky-sign’ shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement upon or over any land, building or structure or upon or over any public place but shall not include-

(a) any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement; or

(b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or to the ridge of a roof:

Provided that such board, frame or other contrivance be of one continuous face and not open work, and ¹[does not extend] in height more than three feet above any part of the wall, or parapet or ridge to, against or on which it is fixed or supported; or

(c) any advertisement relating to the name of the land or building, upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or

(d) any advertisement relating exclusively to the business of railway company, and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway company, and so placed that it cannot fall into any street or public place; or

(e) any notice of land or buildings to be sold, or let, placed upon such land or buildings.

Explanation 3.-‘Public place’ shall, for the purpose of this section, mean any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not.]

Section 129-B. Prohibition of advertisements without written permission of commissioner

¹[129-B. Prohibition of advertisements without written permission of commissioner.- (1) No advertisement shall, after the levy of the tax under section 129-A has been determined upon by the council, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the city or shall be displayed in any manner whatsoever in any place without the written permission of the commissioner.

(2) The commissioner shall not grant such permission if-

(i) the advertisement contravenes any by-law made by the council under clause (28) of section 349; or

(ii) the tax, if any, due in respect of the advertisement has not been paid.

(3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertisement tax, the commissioner shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission:

Provided that the provisions of this section shall not apply to any advertisement erected, exhibited, fixed or retained on the premises of a railway company relating to the business of a railway company.]

Section 129-C. Permission of the commissioner to become void in certain cases

¹[129-C. Permission of the commissioner to become void in certain cases.- The permission granted under section 129-B shall become void in the following cases, namely:-:

(a) if the advertisement contravenes any by-law made by the council under clause (28) of section 349;

(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the Corporation Engineer;

(c) if any material change be made in the advertisement or any part thereof;

(d) if the advertisement or any part thereof falls otherwise than through accident;

(e) if any addition or alteration be made to, or in the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and

(f) if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained be demolished or destroyed.]

Section 129-D. Owner or person in occupation to be deemed responsible

¹[129-D. Owner or person in occupation to be deemed responsible.- 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 129-A or section 129-B or, after the written permission for the erection, 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 contravention was committed by a person not in his employment or under his control or was committed without his connivance.]

Section 129-E. Removal of unauthorized advertisement

¹[129-E. Removal of unauthorized advertisement.- If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 129-A or section 129-B or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.]

Section 129-F. Collection of tax on advertisements

¹[129-F. Collection of tax on advertisements.- The Commissioner may farm out the collection of any tax on advertisements leviable under section 129-A for any period not exceeding one year at a time on such terms and conditions as may be provided for by by-laws made under section 349.]

²[… …

Section 130. [Omitted]

130. [Omitted]- ²[* * *]

Section 131. [Omitted]

131. [Omitted]- ²[* * *]

Section 132. [Omitted]

132. [Omitted]- ²[* * *]

Section 133. [Omitted]

133. [Omitted]- ²[* * *]

Section 134. [Omitted]

134. [Omitted]- ²[* * *]

Section 135. Method of assessment of duty on transfers of property

Duty on Transfers of Property

³[135. Method of assessment of duty on transfers of property.- The duty on transfers of property shall be levied-

(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (Central Act II of 1899), as in force for the time being in the ¹[State of Tamil Nadu], on every instrument of the description specified below, which relates to immovable property situated within the limits of the City; and

(b) at such rate as may be fixed by the State Government, not exceeding five per centum, on the amount specified below against such instrument:-

Section 136. Provisions applicable on the introduction of transfer duty

136. Provisions applicable on the introduction of transfer duty.- On the introduction of the transfer duty,

(a) Section 27 of the ²[said Indian Stamp Act] shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without the city.

(b) Section 64 of the ¹[same Act] shall be read as if it referred to the corporation as well as the Government.

Section 137. Power to make rules regarding assessment and collection of transfer duty

137. Power to make rules regarding assessment and collection of transfer duty.- The ²[State Government] may make rules not inconsistent with this Act for regulating the collection of the duty, the payment thereof to the corporation and the deduction of any expenses incurred by the Government in the collection thereof.

Section 137-A. Power to exempt from taxes

³[General Provisions]

³[137-A. Power to exempt from taxes.- With the sanction of the ²(State Government) the council may exempt any person or class of persons wholly or in part from the payment of any tax. But nothing in this section shall be deemed to authorize the exemption of any person solely on the ground that he is a councillor ⁴()].

Section 137-B. Power to assess in case of escape from assessment

³[137-B. Power to assess in case of escape from assessment.- Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Chapter has escaped assessment in any half-year or year ⁵(or has been assessed in any half-year or year at a rate 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 building or land concerned having escaped proper determination of its annual value), the commissioner may, at any time within three years from the date on which such person should have been assess, serve on such person a notice assessing him to thorax or fee due and demanding payment thereof within fifteen days from the date of such service: and the provisions of this Act and the rules made thereunder shall so far as may be apply as if the assessment was made in the half-year or year to which the tax or fee relates.]

Section 138. Rules in Schedule IV

138. Rules in Schedule IV.- The rules and tables embodied in Schedule IV shall be read as part of this chapter.

Section 139. Definition of municipal fund

Chapter-VI - Finance

Chapter VI. - Finance

The Municipal Fund

139. Definition of municipal fund.- All moneys received by the corporation shall constitute a fund which shall be called the municipal fund and shall be applied and disposed of in accordance with the provisions of this Act, ¹[or other laws].

Section 140. Audit of accounts

140. Audit of accounts.- The ²[State Government] shall appoint auditors of the accounts of receipt and expenditure of the municipal fund. Such auditors shall be deemed to be "public servants" within the meaning of section 21 of the Indian Penal Code (central Act ??? of ???).

Section 141. Financial rules

141. Financial rules.- With regard to the deposit, investment and expenditure of the municipal fund and the audit of the municipal accounts the rules in Schedule V shall be observed.

Section 141-A. Contributions to expenditure by other local authorities

¹[141-A. Contributions to expenditure by other local authorities.- (1) If the expenditure incurred by the ²(State Government) or by any local authority in the ³(State of Tamil Nadu) for any purpose authorized by or under Schedule V is such as to benefit the inhabitants of the city, the council may make contribution towards such expenditure.

(2) The ²(State Government) may direct the council to show cause, within a period fixed by the ²(State Government) in this behalf and not being less than one month after receipt of the order containing the direction, why any contribution described in sub-section (1) should not be made.

(3) If the council fails to show cause within the said period to the satisfaction of the ²(State Government), the ²(State Government) may direct it to make such contribution as they shall name and it shall be paid accordingly.]

Section 142. Power of corporation to borrow money

Loans

142. Power of corporation to borrow money.- (1) The council may, in pursuance of any resolution passed at a special meeting, borrow by way of debenture or otherwise on the security of all or any of the taxes, duties ⁴[…] fees and dues authorized by or under this Act, any sums of money which may be required-

(a) for the construction of works, ⁵[or]

(b) for the acquisition of ¹[lands and buildings], or

²[(c) or slum clearance and construction of tenements], ³[or]

²[(d)] to pay off any debt due to the Government, or

²[(e)] to re-pay a loan previously raised under this Act or other Act previously in force:

⁴[Provided that-

(i) no loan shall be raised without the previous sanction of the ⁵(State Government) ⁶[]; and

(ii) the amount of the loan, the rate of interest and the terms including the date of flotation, the time and method of re-payments and the like shall be subject to the approval of the ⁵(State Government). ⁷(…)]

(2) When any sum of money has been borrowed under sub-section (1)-

(a) no portion thereof shall without the previous sanction of the ⁵[State Government] be applied to any purpose, other than that for which it was borrowed, and

(b) ¹[no portion of any sum of money borrowed under clause (a) or clause (c) of sub-section (1)] shall be applied to the payment of salaries or allowances to any municipal officers or servants other than those exclusively employed upon the works for the construction of which the money was borrowed.

Section 143. Time for repayment of money borrowed under section 142

143. Time for repayment of money borrowed under section 142.- The time for the re-payment of any money borrowed under section 142 shall in no case exceed sixty years, and the time for the re-payment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the ²[State Government], extend beyond the unexpired portion of the period for which such previous loan was sanctioned.

Section 144. Limit of borrowing powers

144. Limit of borrowing powers.- Notwithstanding anything hereinbefore contained, the borrowing powers of the corporation shall be limited so that the sum payable annually for interest and for the maintenance of the sinking funds as hereinafter provided, and for interest and re-payment of any sums borrowed otherwise shall not, except with the egress sanction of the ²[State Government], exceed twelve and a half per cent of the annual value of buildings and lands as determined under Chapter V.

Section 145. Form and effect of debentures

145. Form and effect of debentures.- All debentures issued under this chapter shall be in such form as the council, with the previous sanction of the ²[State Government], may determine, and shall be transferable in such manner as shall be therein expressed; and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.

Section 146. Payment to survivors of joint payees

146. Payment to survivors of joint payees.- When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the Indian Contract Act, 1872 (Central Act I 1872), the debenture or security shall be payable to the survivor or survivors of such persons:

Provided that nothing in this section shall affect any claim by the representative of a deceased person against such survivor or survivors.

Section 147. Receipt by joint Holder for interest or dividend

147. Receipt by joint Holder for interest or dividend.- When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrail has been given to the corporation by any other of such persons.

Section 148. Maintenance and investment of sinking funds

148. Maintenance and investment of sinking funds.- (1) The corporation shall maintain sinking funds for the re-payment of money borrowed on debentures issued and shall pay by quarterly instalments into such sinking funds such sum as will be sufficient for the re-payment within the period fixed for the loan of all moneys borrowed on debentures issued.

(2) All money paid into the sinking funds shall, as soon as possible, be invested ¹[by the commissioner] in-

(a) securities of the Central or the State ²[Government], or

(b) securities guaranteed ¹[by the Central or the State Government], or

²[(c) Madras, ³(Calcutta and Bombay Municipal debentures)] ⁴[or]

⁵[(d) fixed deposit in any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970)]

and shall be invested in the joint names of ⁶[the Secretary to the ⁷(State Government), Finance Department] and the ⁸[Examiner of Local Fund Accounts, Tamil Nadu], to be held by them as trustees for the purpose of re-paying at due date the debentures issued by the corporation. ⁹[Every such investment shall be reported by the commissioner to the council within fifteen days.]

(3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in sub-section (2).

(4) When any part of a sinking fund is invested in Madras municipal debentures, or is applied in paying off any part of a loan before the period fixed for re-payment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (2).

(5) Any investment made under this section may, subject to the provisions of sub-section (2), be varied, or transposed.

Section 149. Application of sinking fund

149. Application of sinking fund.- The aforesaid trustees may apply a sinking fund or any part thereof, in or towards the discharge of the loan or part of a loan for which such fund was created, and until such loan or part is wholly discharged shall not apply the same for any other purpose;

Provided that when any loans or parts thereof have been consolidated under section 151, the trustees shall transfer to the sinking fund of the consolidated loan so created such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.

Section 150. Annual statement by trustees

150. Annual statement by trustees.- (1) The aforesaid trustees shall, at the end of every year, submit to the corporation a statement showing-

(a) the amount which has been invested during the year under section 148,

(b) the date of the last investment made previous to the submission of the Statement,

(c) the aggregate amount of the securities then in their hands, and

(d) the aggregate amount which has up to the date of the statement been applied under section 149 in or towards discharging loans.

(2) Every such statement shall be laid before the council and published.

Section 151. Power of corporation to consolidate loans

151. Power of corporation to consolidate loans.- (1) Notwithstanding anything to the contrary contained in this chapter, the corporation may consolidate all or any of their loans and for that purpose may invite tenders for a new loan (to be called the ‘municipal consolidated loan, 19’) and invite the holders of municipal debentures to exchange their debentures for scrip of such loan.

(2) The terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the ¹[State Government].

(3) The period for the extinction of any such consolidated loan shall not, without the sanction of the ¹[State Government] extend beyond the farthest date within which any of the loans to be consolidated would be otherwise repayable.

(4) The corporation shall provide for the repayment of any such consolidated loan by a sinking fund in the manner laid down in section 148 having regard to the amount transferred to such sinking fund under section 149.

Section 152. Priority of payments for interest and repayment of loans over other payments

152. Priority of payments for interest and repayment of loans over other payments.- All payments due from the corporation for interest on and re-payment of loans shall be made in priority to all other payments due from the corporation.

Section 153. Attachment of municipal fund for recovery of money borrowed from Government

153. Attachment of municipal fund for recovery of money borrowed from Government.- (1) If any money borrowed by the corporation from the Government, whether before or after the commencement of this Act, or any interest of cost due in respect thereof, be not repaid according to the conditions of the loan, the ¹[State Government] may attach the municipal fund or any part thereof.

(2) After such attachment, no person except an officer appointed in this behalf by the ¹[State Government] shall in any way deal with the attached fund but such officer may do all acts in respect there which any municipal authority, officer or ??? might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interest and costs due ??? respect thereof and of all expenses caused by ??? attachment and subsequent proceedings:

Provided that no such attachment shall defeat ??? prejudice any debt for which the fund attached ??? previously charged in accordance with law; but ??? such prior charges shall be paid out of the proceed of the fund before any part of the proceeds is ??? to the satisfaction of the debt due to the Government.

Section 154. Estimates of expenditure and income to be prepared annually by the commissioner

Budget

²154. Estimates of expenditure and income to be prepared annually by the commissioner.- (1) The commissioner shall in consultation the heads of departments of the corporation prep and submit to the standing committee on ??? and finance on or before the first day of January each year, a budget containing a detailed estimate of income and expenditure for the ensuing year, and if it is in his opinion necessary or expedient to vary taxation or to raise loans, shall, submit his proposals in regard thereto; and the standing committee on taxation and finance shall in consultation with the other standing committees consider and finalize the budget estimate and submit the same with its recommendations, if any, to the council on or before the twentieth day of January, of each year.

(2) In such budget estimate the commissioner shall-

(a) provide for the payment as they fall due of all instalments of principal and interest for which the corporation may be liable on account of loans;

(b) allow for a cash balance, at the end of the year, of not less than one lakh and fifty thousand rupees under General Account-Revenue;

(c) allow for the allotment from Genera) Account-Revenue of the corporation of such sum not exceeding ten per cent of the total amount at credit on the said account as is considered necessary for such expenditure as is of a capital nature:

Provided that no such allotment from the General Account-Revenue of the corporation shall be made by the commissioner in case where the said account of the year immediately preceding the year for which such allotment is proposed discloses a deficit balance:

Provided further that in all cases where allotment of any sum exceeding ten per cent of the total amount at credit in the General Account-Revenue of the corporation is considered necessary, then, the previous approval of the State Government for such allotment shall obtained by the commissioner.

(3) The commissioner shall cause the budget estimate as finally prepared by the standing committee on taxation and finance to be published not later than the first day of February and shall, not later than the said date forward a printed copy thereof to each councillor.

Section 155. Consideration of the budget estimate by the council

¹155. Consideration of the budget estimate by the council.- The council shall, at its meeting to be covered for the purpose on or before the first day of March, consider and approve on or before the fifteen the day of March the budget estimate and proposals placed before it by the standing committee on taxation and finance with or without modifications and additions; and in any case the council shall, finally adopt a budget estimate of income and expenditure of the corporation for the next year, as finalised by the standing committee on taxation and finance, on or before the said date.

Section 156. Procedure of council

²156. Procedure of council.- The council may refer the budget estimate back to the standing committee on taxation, finance for further consideration and resubmission within a specified time well in advance of the due date specified in section 155 or adopt the budget estimate or any revised budget estimate submitted to it either as it stands, or subject to such alterations as it deems expedient:

Provided that the budget estimate finally adopted by the council shall make adequate and suitable provisions for each of the matters referred to in clauses (a) to (c) of sub-section (2) of section 154:

Provided further that in all cases where the council proposes to refer the budget estimate back a to the standing committee on taxation and finance for reconsideration, the council shall refer the said budget estimate to the said standing committee well in advance of the due date specified in section 155 so as to ensure that the budget estimate as finalised by the said standing committee is finally adopted by the council before the date specified in the said section.

Section 157. Obligation to pass the budget before the fifteenth day of March of the year

¹157. Obligation to pass the budget before the fifteenth day of March of the year.- The council shall finally pass the budget estimate before the fifteenth day of March of the year to which it relates and forthwith submit a copy thereof to the State Government. If the budget as Submitted to the State Government fails to make adequate and suitable provision for each of the matters referred to in clauses (a) to (c) of sub-section (2) of section 154, the State Government may modify any part of the budget so as to ensure that such provisions are made.

Section 158. Failure of the council to pass the budget before the due date

¹158. Failure of the council to pass the budget before the due date.- Notwithstanding anything contained in this Act, if the council in any case fails to adopt finally the budget before the due date referred to in section 157 and if such failure, is in the opinion of the State Government, not due to any valid reason, then, the State Government may direct the commissioner to forward the budget as prepared by him and as finalised by the standing committee on taxation and finance, to them for approval; and the commissioner shall forthwith forward the budget as prepared by him and as finalised by the said standing committee to the State Government who shall scrutinise the budget and intimate their approval to the commissioner on or before the first day of April of the year.

Section 159. Council may pass supplemental budget

159. Council may pass supplemental budget.- The council may, on the recommendation of the ²[standing committee] from time to time during any, year pass a supplemental budget estimate for the purpose of meeting any special or unforeseen requirements arising during that year, but not so that the estimated cash balance ³[under General Account-Revenue] at the close of the year shall be reduced below ⁴[one lakh and fifty thousand rupees.]

Section 160. [Omitted]

160. [Omitted]- ⁵[* * *]

Section 161. Reduction or transfer of budget grants

161. Reduction or transfer of budget grants.- (1) The ¹[standing committee] may, if it thinks necessary, at any time during the year-

(a) reduce the amount of a budget grant; or

(b) transfer and add the amount, or a portion of the amount, of one budget grant to the amount of any other budget grant:

Provided that-

(i) due regard shall be had, when making any such reduction or transfer, to all the requirements of this Act;

(ii) the aggregate cum of the budget grants contained in the budget estimate adopted by the council shall not be increased except by the council under section 159;

(iii) every such reduction or transfer shall be brought to the notice of the council at its next meeting.

(2) If any such reduction or transfer is of an amount exceeding Rs. 500, the council may pass with regard thereto such order as it thinks fit, and it shall be incumbent on the ¹[standing committee] and the commissioner to give effect to the said order.

Section 162. Re-adjustment of income and expenditure to be made by the corporation during the course of the official year whenever necessary

162. Re-adjustment of income and expenditure to be made by the corporation during the course of the official year whenever necessary.- (1) If it shall at any time during any year appear to the council, upon the representation of the ¹[standing committee], that, notwithstanding any reduction of budget grants that may have been made under section 161, the income of the municipal fund during the said year will not suffice to meet the expenditure sanctioned in the budget estimate of the said year and to leave at the close of the year a cash balance of not less than ¹[one lakh and fifty thousand rupees under General Account-Revenue], it shall be incumbent on the council either to diminish the sanctioned expenditure of the year, so far as it may be possible so to do with due regard to all the requirements of this Act, or to have recourse to supplementary taxation, or to adopt both of these expedients in such measure as may be necessary to secure an estimated cash balance of not less than ¹[one lakh and fifty thousand rupees under General Account-Revenue] at the close of the year.

(2) Whenever the council determines to have recourse to supplementary taxation in any year, it shall do so by increasing for the unexpired portion of the year the rate at which any tax or duty is being levied, subject to the conditions, limitations and restrictions laid down in Chapter V.

Section 163. Vesting of works in corporation

Chapter-VII - Water-supply, Lighting and Drainage

PART IV

Public Health, Safety and Convenience

Chapter VII. - Water-supply, Lighting and Drainage

Public Water-supply

163. Vesting of works in corporation.- All public reservoirs, tanks, cisterns, fountains, wells, pumps, pipes, taps, conduits, aqueducts and other works (not vested in the ²[Government]) connected with the supply of water to the city whether made at the cost of the corporation or otherwise, and all bridges, buildings, engines, works, materials, and other things connected therewith and all land (not being private property or property vested in the ¹[Government]) adjacent and appertaining to the same, shall vest in the corporation ²[and be subject to its control].

Section 164. Construction of water-works

³[164. Construction of water-works.- (1)] The Corporation may, with the sanction of the ⁴[State Government], construct, lay, or erect filtering tanks, reservoirs, engines, conduits, pipes or other works without the limits of the city for supplying it with water, and may provide tanks, reservoirs, engines, mains, fountains and other conveniences within the said limits for the use of the inhabitants.

⁵[(2) The corporation may cause existing works for the supply of water to be maintained and supplied with water or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.]

Section 165. Provision of gratuitous supply of drinking water

165. Provision of gratuitous supply of drinking water.- (1) The corporation, shall provide a supply of wholesome drinking water within the city and shall erect sufficient stand-pipes, fountains, or other conveniences for the gratuitous supply of water.

(2) The corporation shall, as far as possible, make adequate provision that such supply is continuous throughout the year.

Section 166. Trespass on water-supply premises

166. Trespass on water-supply premises.- It shall not be lawful for any person except with permission duly obtained to enter on land vested in the corporation along which a conduit or pipe runs or on any premises connected with the water-supply.

Section 167. Prohibition of building over water-mains

167. Prohibition of building over water-mains.- (1) Without the permission of the commissioner no building, wall or other structure shall be newly erected and no street or railway shall be constructed over any municipal water-mains.

(2) If any building, wall or other structure be so erected or any street or railway be so constructed the commissioner may, with the approval of the ¹[standing committee], cause the same to be removed or otherwise dealt with as to him shall appear fit and the expenses thereby incurred shall be paid by the persons offending.

Section 168. Control over house-connexions

Private Water-supply

168. Control over house-connexions.- All house-connexions, whether within or without the premises to which they belong, with the corporation's water-supply mains shall be under the control of the corporation, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which they belong, or for the use of which they were constructed, and in conformity with by-laws made in that behalf.

Section 169. Private water-supply for domestic consumption and use and powers of Commissioner to enforce provision of water-supply

169. Private water-supply for domestic consumption and use and powers of Commissioner to enforce provision of water-supply.- (1) The commissioner may on application by the owner or occupier of any building arrange, in accordance with the by-laws, to supply water thereto for domestic consumption and use:

Provided that the commissioner shall not without the sanction of the ¹[standing committee] agree to supply water to any building assessed at an annual value of less than ²[sixty] rupees.

(2) Whenever it appears to the commissioner that any dwelling-house assessed at an annual value of not less than ²[sixty] rupees is without a proper supply of water for domestic consumption and use and that such a supply can be furnished from a main not more than one hundred feet distant from any part of such building, the commissioner may by notice require the owner to obtain such supply and to execute all such works as may be necessary for that purpose in accordance with the by-laws.

(3) It shall not be lawful for the owner of any dwelling-house assessed at an annual value of not less than ²[sixty] rupees which may be constructed or re-constructed after the commencement of this Act, to occupy it or cause or permit it to be occupied until he has obtained a certificate from the commissioner that there is provided within or within a reasonable distance of the house such a supply of wholesome water as appears to the commissioner to be sufficient for domestic consumption and use of the inmates of the house.

³[(4) Where on any land there are two or more superstructures the annual value of each of which is less than sixty rupees and the owner of the land is not the owner of all the superstructures, the commissioner may, if it appears to him, that the Superstructures are without a proper supply of, water for domestic consumption and use and that such a supply can be furnished from a main not more than one hundred feet distant from any part of any such superstructure, by notice, require the owner of the land to obtain such supply.]

(5) For all water supplied under this section, in excess of a maximum determined by regulations of the ¹[standing committee], payment shall be made at such times and under such conditions as may be laid down in such regulations and shall be recoverable in the same manner as the water and drainage tax.

Explanation.-Supply of water for domestic consumption and use shall not be deemed to include a supply-

(a) for any trade, manufacture or business,

(b) for gardens or for purposes of irrigation,

(c) for building purposes,

(d) for fountains, swimming baths, public baths, ²[or tanks] or for any ornamental or mechanical purpose,

³[(e) for animals, where they are kept for sale or lure or for the sale of their produce or any preparation therefrom, or

(f) for washing vehicles where they are kept for sale or hire.]

but shall be deemed to include a supply-

(i) for flushing latrines or drains,

(ii) for all baths other than swimming baths or public baths,

(iii) for the consumption and use of inmates of hotels, boarding houses and residential clubs and for baths used by such inmates, ¹[or

(iv) for the consumption and use of persons resorting to theatres and cinemas.]

Section 170. Commissioner's power to supply water for non-domestic purposes at rates fixed by standing committee

Private Water-supply for non-domestic purposes

170. Commissioner's power to supply water for non-domestic purposes at rates fixed by standing committee.- (1) The commissioner may, with the sanction of the ²[standing committee], supply water for any purpose other than domestic consumption and use on receiving a written application specifying the purpose for which such supply is requited and the quantity likely to be consumed.

(2) For all water supplied under sub-section (1) payment shall be made at such rates and such conditions shall be imposed as may be laid down by the ²[standing committee] by general or special order ³[and the amount shall be recoverable in the same manner as the property tax].

Section 171. Supply to local authorities

Supply in special cases

171. Supply to local authorities.- The corporation shall if required supply Supply ta local Fort St. George and the Port Trust with water and authorities-may supply any other local authority whether within or without the city, on such terms as to payment and as to the period and conditions or supply as shall be determined by the council, subject to appeal in respect of such terms to the ¹[State Government], whose decision shall be final.

Section 171-A. Cost of making house connexion and of meter

²[Cost of making the connexion, etc.]

²171-A. Cost of making house connexion and of meter.- (1) Where an owner or occupier applies for a connexion for the supply of water, he shall pay the cost of making such connexion as well as the cost of the meter, if any, and the charge for fixing it.

(2) Where a connexion for the supply of water ??? is made at the instance of the commissioner, he ??? may require the owner or occupier concerned to ??? pay-

(a) the cost of making the connexion;

(b) the cost of the meter, if any, or such ??? rent in respect thereof as may be fixed by the council ??? and

(c) the charge for fixing the meter, if any.

(3) Where at the instance of the commissioner ??? a meter is fixed to any connexion for the supply ??? of water, he may require the owner or occupier concerned to pay-

(a) the cost of the meter or such rent in respect thereof as may be fixed by the council; and

(b) the charge for fixing the meter.

(4) All sums payable under sub-section (1) ??? sub-section (2) or sub-section (3) shall be recoverable ??? in the same manner as the water and drainage tax.

(5) Where an occupier has paid the cost of a meter or of fixing the same, he shall, unless the meter has been fixed as part of a connexion for which he has applied, be entitled to recover such cost from the owner and may deduct it from the rent then or thereafter due by him to the owner.

Section 172. Power to cut off water-supply

Cutting off Water-supply

172. Power to cut off water-supply.- (1) The commissioner may cut off the supply of corporation water from any premises-

(a) if the premises are unoccupied;

¹[(b) if a meter is not fixed to the service connexion of the premises in accordance with the provisions of the by-laws made by the council under section 349;

(c) if the owner or occupier neglects to comply with any lawful order or requisition regarding water-supply issued by the commissioner within the period specified therein;]

¹[(d)] any water-tax or any sum due for water or for the cost of making a connexion or the cost or hire of a meter or the cost of carrying out any work or test connected with the water-supply which is chargeable to any person by or under this Act is not paid within ²[fifteen days] after a bill for such tax or sum has been presented;

¹[(e)] if after receipt of a notice from the commissioner requiring him to refrain from so doing the owner or occupier continuer, to use the water or to permit it to be used in contravention of any by-law made under this Act;

¹[(f)] if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying corporation water;

¹[(g)] if the occupier refuses to admit the commissioner 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 commissioner doing such work, placing or removing such apparatus or making such examination or inquiry;

¹[(h)] if any pipes, taps, works or fittings connected with the corporation water-supply are found ??? examination by the commissioner to be out of repair to such an extent as to cause waste or contamination of water;

¹[(i)] if the owner or occupier causes pipes, taps, works or fittings connected with the corporation water-supply to be placed, removed, repaired or otherwise interfered with in violation of the by-laws:

²[Provided that in cases falling under clause (f), (g), (h) or (i) the commissioner shall not take action unless notice of not less than twenty-four hours has been given to the owner or occupier of the premises.].

³(2)(a) The owner and the occupier of the premises shall be jointly and severally liable for the payment of all the sums referred to in clause (d) of sub-section (1), except water-tax.

(b) The sums referred to in clause (a) shall be a charge on the premises.]

¹[(3)] The expense of cutting off the supply shall be paid by the ²[owner and occupier of the premises jointly and severally].

¹[(4)] In cases ³[under clause (d) of sub-section (1)] as soon as any money for non-payment of which water has been cut off, together with the expense of cutting off the supply, has been paid by the owner or occupier, the commissioner shall cause water to be supplied as before on payment of the cost (if any) of reconnecting the premises with the corporation waterworks.

¹[(5)] No action taken under this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.

Section 173. Non-liability of Corporation when supply reduced or not made in certain cases

173. Non-liability of Corporation when supply reduced or not made in certain cases.- The corporation shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water, in the case of unusual drought, other unavoidable cause or accident, or the necessity for relaying or repairing pipes.

Section 174. Provision for lighting public street, etc.

Lighting

174. Provision for lighting public street, etc.- The commissioner shall take measures for lighting in a suitable manner the public streets and public markets and all places of public resort vested in the corporation by electricity, gas, oil, or such other illuminant as the council may determine.

Section 175. Vesting of drains in corporation

Public Drainage

175. Vesting of drains in corporation.- All public drains, pipes and drainage works existing at the time of the coming into operation of this Act or afterwards made at the cost of the corporation or otherwise, and all works, materials and ??? appertaining thereto shall vest in the corporation.

Section 176. Maintenance of system of drainage by the Corporation

176. Maintenance of system of drainage by the Corporation.- The corporation shall, so far as the means at their disposal permit, provide and maintain a sufficient system of public drains throughout the city.

Section 177. Control over house-drains, privies and cess-pools

Private Drainage

177. Control over house-drains, privies and cess-pools.- All house-drains whether within or without the premises to which they belong, and all private latrines and cess-pools within the city shall be under the control of the corporation, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which the same belong or for the use, of which they were constructed and in conformity with by-laws framed by the council in this behalf.

Section 178. Connexion of house-drains with public drains

178. Connexion of house-drains with public drains.- (1) The commissioner shall, on application by the owner or occupier of any premises or the owner of a private street, arrange, in accordance with the bylaws, for the connexion, if practicable, of the applicant's drain with a public drain at the applicant's expense.

¹[(2) If there is a public drain or other place set apart by the corporation for the discharge of the drainage within a distance not exceeding one hundred feet of the nearest on any premises or if within such distance, a public drain or other place for the discharge of drainage is about to be provided or is in the process of construction, the commissioner may-

(a) by notice direct the owner of the said premises to construct a drain leading therefrom to such drain or place and fo execute all such works as may be necessary in accordance with the by-laws at such owner's expense, or

(b) cause to be constructed a drain leading from the said premises to such public drain or place and cause to be executed all such works as may be necessary:

Provided that-

(i) not less than fifteen days before constructing any drain or executing any work under clause (b), the commissioner shall give notice to the owner of the nature of the intended work and the estimated expenses recoverable from the owner; and

(ii) the expenses incurred by the commissioner in constructing any drain or executing any work under clause (b) shall be recoverable from the owner in such instalments as the central committee may think fit and in the same manner as the property tax.]

(3) If any premises are in the opinion of the commissioner without sufficient means of effectual drainage, but no part thereof is situated within one hundred feel of a public drain or other place set apart by the corporation for the discharge of drainage, the commissioner may by notice direct the owner of the said premises to construct a closed cess-pool ¹[or other sewage disposal plant] of such material, dimensions and description, in such position and at such level as the commissioner thinks necessary and to construct a drain or drains emptying into such cess-pool and to execute all such works as may be necessary in accordance with the bylaws.

(4) It shall not be lawful for the owner of any building constructed or reconstructed after the commencement of this Act to occupy it or cause or permit it to be occupied until he has obtained a certificate from the commissioner that the said building is provided with such means of drainage as appear to the commissioner to be sufficient.

Section 179. Commissioner's power to drain premises in combination

179. Commissioner's power to drain premises in combination.- (1) When the Commissioner is of opinion that any group or block of premises any part of which is situate within one hundred feet of a public drain, already existing or ¹[about to be provided or in the process of construction], may be drained more economically or advantageously in combination than separately, the commissioner may, with the approval of the ²[standing committee], cause such group or block of premises to be drained by such method as appears to the commissioner to be best suited therefor and] the expenses inclined by the commissioner in so doing shall be paid by the owners in such proportions as the ²[standing committee] may think fit ³[and shall be recoverable in the same manner as the properly tax].

(2) Not less than fifteen days before any work under this section is commenced, the commissioner shall give written notice to the owners of-

(a) the nature of the intended work,

(b) the estimated expenses thereof, and

(c) the proportion of such expenses payable by each owner.

(3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall, in the proportion in which it is determined that they are to contribute to the expenses incurred by the commissioner under sub-section (1), be responsible for the expense of maintaining every such drain in good repair and efficient condition.

Section 180. Commissioner's power to close or limit the use of existing private drains

180. Commissioner's power to close or limit the use of existing private drains.- (1) Where a drain connecting any premises with a public drain or other place set apart by the corporation for the discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobjectionable, but is not, in the opinion of the commissioner adapted to the general drainage system of the city, or of the part of the city in which such ??? is situated, the commissioner, with the approval of the ¹[standing committee], may-

(a) subject to the provisions of sub-section (2) close, discontinue or destroy the said drain and do any work necessary for that purpose; or

(b) direct that such drain shall, from such date as he fixes in this behalf, be used for sewage only, or for water unpolluted with sewage only, and may construct at the cost of the corporation an entirely distinct drain either for water unpolluted with sewage or for sewage.

(2) No drain may be closed, discontinued of destroyed by the commissioner under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with a public drain or other place aforesaid and the expense of the construction of any drain so provided by the commissioner and of any work clone shall be paid by the corporation.

Section 181. Building, etc., not to be erected without permission, over drains

181. Building, etc., not to be erected without permission, over drains.- (1) Without the permission of the commissioner no person shall place or construct any fence, building, culvert, pipe, drain, drain-covering or other structure or any street, railway or cable over, under, in or across any public drain or stop up, divert, obstruct or in any way interfere with any public drain, whether it passes through public or private ground.

(2) The commissioner may remove or otherwise deal with anything placed or constructed in contravention of sub-section (1) as he shall think fit, and the cost of so doing shall be recoverable from the owner thereof in the manner provided in section 387.

Section 182. Construction of culverts by owner or occupier

182. Construction of culverts by owner or occupier.- (1) The commissioner may by notice require the owner or occupier of any building or land adjoining a public street to construct culverts or drain-coverings over the side channels or ditches at the entrances to the said building or land.

(2) Such culverts or drain-coverings shall be ¹[of such form and size and consist of such materials and be provided with such means of ventilation] as may be specified in the said notice, and shall be maintained and kept free from all obstruction at the expense of the said owner or occupier.

Section 183. Maintenance of troughs and pipes for catching water

183. Maintenance of troughs and pipes for catching water.- The owner or occupier of any building in a public street shall, within fifteen days after receipt of notice in that behalf from the commissioner, put up, and thenceforward, maintain, proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging such water in such manner as the commissioner may allow.

Section 184. Provision of public latrines

Public Latrines

184. Provision of public latrines.- The corporation shall provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be kept clean and in proper order.

Section 185. Licensing of public latrines

185. Licensing of public latrines.- (1) The commissioner may license for any period not exceeding one year the provision and maintenance of latrines for public use.

(2) No person shall keep a public latrine without a licence under sub-section (1).

(3) Every licensee of a public latrine shall maintain it clean and in proper order.

Section 186. Provision of latrines by owner or occupier

Private Latrines

¹[186. Provision of latrines by owner or occupier.- (1) The commissioner may, by notice, require the owner or occupier of any building, within such time and in accordance with such directions as may be specified therein, to provide flush-out or other latrines for the use of the persons employed in or about or occupying such building or alter or remove from an unsuitable to a more suitable place any existing latrine. Such owner or occupier shall keep every such latrine clean and in proper order.

(2) Every owner or occupier of the ground on which any block of huts stands shall, within such time and in accordance with such directions as may be specified in a notice issued by the commissioner, provide flush-out or other latrines for the use of the inhabitants of such block of huts or alter or remove from an unsuitable to a more suitable place any existing latrine and shall keep the same clean and in proper order.]

Section 187. Provision of latrines and urinals for labourers

187. Provision of latrines and urinals for labourers.- Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed ¹[flush-out or other latrines] of such description and number as the commissioner may by notice require, and within such time as may be fixed in the notice and shall keep the same clean and in proper order.

Section 188. Provision of latrines and urinals for markets, cart-stands and cattle-stands

188. Provision of latrines and urinals for markets, cart-stands and cattle-stands.- The commissioner may by notice require any owner or manager of a market, cart-stand, cattle-stand, choultry, theatre, railway station, dock, wharf or other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex ¹[flush-out or other latrines] of such description and number; and in such a position as may be specified and to keep the same clean and in proper order.

Section 189. Latrines to be screened from view

189. Latrines to be screened from view.- All ¹[flush-out or other latrines] shall be so constructed as to screen persons using the same from the view of persons passing by or residing in the neighbourhood.

Section 190. Power to carry wire, pipes, drains etc., through Private property subject to causing as little inconvenience as possible and paying for direct damage

General Powers

190. Power to carry wire, pipes, drains etc., through Private property subject to causing as little inconvenience as possible and paying for direct damage.- The commissioner may carry any cable, wire, pipe, drain of channel of any kind to establish or maintain any system of drainage, water-supply or lighting, through, across, under or over any road, street or place laid out for a road or street and after giving reasonable notice to the owner or occupier through, across, under, over, or up the side of, any land or building in the city, and may place and maintain posts, poles, standards, brackets or other contrivances to support cables, pipes, channels, wires and lights on any pole or post in the city not ¹[vested in the ²(Government) ³(* * * * *)] and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, ripe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used, or for removing the same:

Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person:

Provided further that the commissioner shall, with the sanction of the ⁴[standing committee], pay compensation to any pet son who sustains damage by the exercise of such power.

Section 191. Prohibition against making connexion without permission

191. Prohibition against making connexion without permission.- (1) No person shall, without the permission of the commissioner, make any connexion with any municipal cable, wire, pipe, drain or channel or with the house-connexion of any other person.

(2) The commissioner may by notice require any connexion made in contravention of sub-section (1) to be demolished, removed, closed, altered or re-made.

Section 192. Power to require railway level, etc., to be raised or lowered

192. Power to require railway level, etc., to be raised or lowered.- If the corporation conduct any pips or drain or other work connected with the water-supply or drainage of the city across a line of railway, they may, ???

(iii) provide vehicles or other suitable means for the removal of rubbish and carcasses of animals; and

(iv) provide covered vehicles or vessels for the removal of filth.

(2) The commissioner shall make adequate provision for preventing the depots, places, dust-bins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.]

Section 193. Power of Corporation in respect of works outside the city

193. Power of Corporation in respect of works outside the city.- ???

Section 194. Provision for removal of rubbish and fifth

Chapter-VIII - Scavenging

194. Provision for removal of rubbish and fifth.- ???

(iii) provide vehicles or other suitable means for the removal of rubbish and carcases of animals; and

(iv) provide covered vehicles or vessels for the removal of filth.

(2) The commissioner shall make adequate provision for preventing the depots, places, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.]

Section 195. Public notice ordering deposit of rubbish and filth by occupier

195. Public notice ordering deposit of rubbish and filth by occupier.- (1) The commissioner may with the previous sanction of the ¹[standing committee] by public notice direct that all rubbish and filth accumulating in any premises in any street or quarter of the city specified in the notice shall be collected by the owner or occupier of such premises, and deposited in a box or basket or other receptacle, of the kind, ??? in such notice, to be provided by such owner or occupier and kept at or near the premises.

(2) The commissioner may by public notice direct that all rubbish and filth accumulating in any latrine not connected with a drain and in respect of which no contract under section 197 has been entered into, shall be collected by the owner or occupier and deposited in municipal carts.

(3) The commissioner may cause public dustbins or other convenient receptacles to be provided at suitable intervals and in proper and convenient situation in any street or quarter in respect of which no notice issued under sub-section (1) or sub-section (2) is for the time being in force, and may by public notice direct that all rubbish and filth accumulating in any promises, the entrance to which is situated within fifty yards of any such receptacle, shall be collected by the owner or occupier of such premises and deposited in such receptacle.

Section 196. Removal of rubbish and filth accumulating in large quantities on premises

196. Removal of rubbish and filth accumulating in large quantities on premises.- When any premises are used for carrying on any manufacture, trade or business or in any way so that rubbish or filth is accumulated in quantities which are, in the opinion of the commissioner, too considerable to be deposited in any of the methods prescribed by a notice issued under section 195, the commissioner may-

(a) by notice require the owner or occupier of such premises to collect all rubbish and filth accumulating thereon, and to remove the same at such times, in such carts or receptacles, and by such routes as may be specified in the notice, to a depot or place provided or appointed under section 194; or

(b) after giving such owner or occupier notice of his intention, cause all rubbish and filth accumulated in such premises to be removed, and charge the said owner or occupier for such removal such periodical fee as may, with the sanction of the ¹[standing committee], be specified in the notice issued under clause (a).

Section 197. Contract with owner or occupier for removal of rubbish and filth

197. Contract with owner or occupier for removal of rubbish and filth.- The commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises on such terms as to time and period of removal and other matters as may seem suitable to the commissioner, and on payment of fees at such rate as the council may determine.

Section 198. Provision for daily cleansing of streets and removal of rubbish and filth

198. Provision for daily cleansing of streets and removal of rubbish and filth.- The commissioner shall provide-

(a) for the daily surface-cleansing of all public streets and the removal of the sweepings therefrom, and

(b) for the removal of-

(i) the contents of all receptacles and depots and the accumulations at all places provided or appointed by him under section 194 for the temporary deposit of any of the things specified therein; and

(ii) all things deposited by owners or occupiers of premises in pursuance of any notice Issued under section 195.

Section 199. Rights of property of Corporation in things deposited in receptacles

199. Rights of property of Corporation in things deposited in receptacles.- All things deposited in depots or places provided or appointed under section 194 ??? be the property of the corporation.

Section 200. Directions as to removal of rubbish and filth

200. Directions as to removal of rubbish and filth.- In cases not provided for by any notice issued under section 196, the commissioner shall, with the sanction of the ¹[standing committee], lay down-

(a) the hours within which rubbish and filth may be removed,

(b) the kind of cart or other receptacle in which rubbish and filth may be removed, and

(c) the routs by which such carts or other receptacles shall be taken.

Section 201. Maintenance of establishment for removal of rubbish and filth

201. Maintenance of establishment for removal of rubbish and filth.- The corporation shall maintain an establishment order the control of the commissioner for the removal of rubbish and filth from latrines which are not connected with a public drain.

Section 202. Prohibition against accumulation of rubbish or filth on premises

202. Prohibition against accumulation of rubbish or filth on premises.- (1) No person who is bound by any notice issued under section 195 or section 196, as the case may be, to collect and deposit or remove rubbish or filth accumulating on any premises shall allow the same so to accumulate for more than twenty-four hours.

(2) Prohibition against irregular methods of depositing rubbish or filth.- No person shall deposit any rubbish or filth otherwise than as provided in a notice issued under section 195 or section ??? as the case may be.

¹[(3) Prohibition of improper disposal of carcasses rubbish and filth.- No person shall after due provision has been made under sections 194 and 198 for the deposit and removal of the same-

(a) deposit the carcasses of animals, rubbish or filth in any street or on the veranda of any building or on any unoccupied ground alongside any street or on any public quay, jetty or landing place or on the bank of a water course or tank; or

(b) deposit filth or carcasses of animals in any dust bin or in any vehicle not intended for the removal of the same; or

(c) deposit rubbish in any vehicle or vessel intended for the removal of filth except for the purpose of ??? or disinfecting the filth.]

¹[(4)] Prohibition against keeping rubbish or tilth for more than twenty-four hours, or in unauthorized place or manner.- No owner or occupier of any premises ??? all keep or allow to be kept for more than twenty-four hours, or otherwise than in a receptacle approved by the commissioner, any rubbish or filth on such premises or any place belonging thereto or neglect to employ proper means to remove the rubbish or filth from or to cleanse such receptacle and to dispose of such rubbish or tilth, in the manner directed by the commissioner, or fail to comply with any requisition of the commissioner as to the construction, repair paving or cleansing of any latrine on or belonging to the premises.

¹[(5)] Prohibition against allowing sewage to flow in streets.- No owner or occupier shall allow the water of any sink, drain or latrine or the drainage from any stable or place, or any other filth to run down on, or to, or be put upon, any street, or into any drain in or alongside of any street except in such manner as shall prevent any avoidable nuisance from any such filth soaking into the walls or ground at the side of the said drain.

Section 202-A. Contributions from persons having control over places of pilgrimage, etc.

²[202-A. Contributions from persons having control over places of pilgrimage, etc.- Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs, festivals or other like purposes in the city or in its neighbourhood, attracts on particular occasions, a large number of persons, the commissioner shall make special arrangements whether permanent or temporary which may be necessary in the interests of public health, safety or convenience and require the trustee or other person having control over such place to make such recurring or non-recurring contribution to the funds of the corporation as the ³(State Government) may determine.]

Section 203. Vesting of public streets and their appurtenances in Corporation

Chapter-IX - Streets

Chapter IX. - Streets

Public Streets

¹[203. Vesting of public streets and their appurtenances in Corporation.- (1) All public streets in the city not reserved under the control of ²[the Central or the State Government], with the pavements, stones and other materials thereof, and all works, materials, implements and other things provided for such streets, all sewers, drains, drainage works, tunnels and culverts whether made at the cost of the municipal fund or otherwise, in, alongside or under any street, whether public or private, and all works, materials, implements and other things appertaining thereto and all trees not being private property growing on public streets or by the side thereof, shall vest in the corporation.

(2) The ³[State Government] may by notification withdraw any such street, sewer, drain, drainage work, tunnel, culvert or tree from the control of the corporation.]

Section 204. Maintenance and repair of streets

⁴[204. Maintenance and repair of streets.- The corporation shall cause the public streets to be maintained and repaired and may make all improvements thereto which are necessary or expedient for the public safety or convenience.]

Section 205. Powers of authorities in regard to streets

205. Powers of authorities in regard to streets.- (1) The commissioner may, subject always to such sanction as may be required under chapter IV,

(a) lay out and make ¹[new public streets];

(b) construct bridges and subways;

²[(c) turn, divert, or with the special sanction of the council and the ³[State Government], permanently close any public street or part thereof];

(d) widen, open, extend or otherwise improve any public street.

(2) Reasonable compensation shall be paid to the owners and occupiers of any land or buildings which are acquired for or affected by any such purposes.

⁴[(3) In determining such compensation, allowance shall be made for any benefit accruing to the owner or occupier concerned, from the construction or improvement made by the commissioner.]

Section 206. Power to dispose of permanently closed streets

²[206. Power to dispose of permanently closed streets.- (1) When any public street is permanently closed under section 205, the corporation may dispose of the site or so much thereof as is no longer required making due compensation to any person injured by such closing.

(2) In determining such compensation, allowance shall be male for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street, at or about the same time that the public street, on account of which the compensation is paid, is closed.]

Section 207. Acquisition of land and buildings for improvement of streets

207. Acquisition of land and buildings for improvement of streets.- (1) The commissioner may, subject always to such sanction as may be required under chapter IV, acquire-

(a) any land required for the purpose of widening, opening, extending or otherwise improving any public street, or of making any new public street, and the buildings, if any, standing upon such land;

(b) any land outside the proposed street alignment, with the buildings, if any, standing thereupon which the council may consider it expedient to acquire.

(2) Any land or building acquired under sub-section (1), clause (b), may be sold, leased or otherwise disposed of after public advertisement, and any conveyance made for that purpose may comprise such conditions as the ¹[standing committee] thinks fit as to the removal of the existing building, if any, the description of the new building (if any) to be erected, the period within which the new building (if any) shall be completed and any other similar matters.

(3) The ¹[standing committee] may require any person to whom any land or building is transferred under sub-section (2) to comply with any conditions comprised in the said conveyance before it places him in possess on of the land or building.

Section 208. Power to prescribe building line and street alignment

208. Power to prescribe building line and street alignment.- The ¹[standing committee] may-

(a) prescribe for any public street a building or a street alignment or both a building line and a street alignment;

(b) from time to time, but subject in each case to its receiving the authority of the council in that behalf, define a fresh line in substitution for any line so defined or for any part thereof, provided that such authority shall not be accorded-

(i) unless, at least one month before the meeting of the council at which the matter is decided, public notice of the proposal has been given by the commissioner by advertisement in the local newspapers and in the ²[Official Gazette], and special notice thereof, signed by the commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be defined; and

(ii) until the council has considered all objections to the said proposal made in writing and delivered at the municipal office not less than three clear days before the day of such meeting.

Section 209. Restrictions on erection of, or addition to, buildings within street alignment or building line

209. Restrictions on erection of, or addition to, buildings within street alignment or building line.- (1) No person shall construct any portion of any building within a street alignment defined under section 208 provided however that the commissioner may in his discretion permit additions to a building to be made within a street alignment, if such additions merely add to the height and rest upon an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest-

(a) not to claim compensation in the event of the commissioner at any time thereafter calling upon him or such successors to remove any building erected or added to in pursuance of such permission or any portion thereof, and

(b) to pay the expenses of such removal:

Provided that the commissioner shall, in every case in which he gives permission, report his reasons in writing to the ¹[standing committee].

If the commissioner refuses to grant permission to erect or add to any building on the ground that the proposed site falls wholly or in part within a street alignment prescribed under section 208 and if such site or the portion thereof which falls within such alignment be not acquired on behalf of the corporation within one year after the date of such refusal, the corporation shall pay reasonable compensation to the owner of the site.

(2) No person shall erect or add to any building between a street alignment and a building line defined under section 208 except with the permission of the commissioner, who may when granting permission impose such conditions as the ¹[standing committee] may lay down for such cases.

Section 210. Setting back projecting buildings or walls

210. Setting back projecting buildings or walls.- (1) When any building or part thereof abutting on a public street is within a street alignment defined under section 208, the commissioner may, whenever it is proposed

(a) to rebuild such building or take it down to an extent exceeding one-half thereof above the ground, level, such half to be measured in cubic feet; or

(b) to remove, reconstruct or make any addition to any portion of such building which is within the street alignment;

in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building to be set back to the street alignment.

(2) When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the commissioner or otherwise, taken down, the commissioner may forthwith take possession on behalf of the corporation of the portion of land Within the street alignment theretofore occupied by the said building and, if necessary, clear it.

(3) Land acquired under this suction shall be deemed a part of the public street and shall vest in the corporation.

(4) When any building is set back in pursuance of any requisition made under sub-section (1), or when the commissioner takes possession of any land under sub-section (2), the corporation shall forthwith make full compensation to the owner for any direct damage which he may sustain thereby.

Explanation.-The expression ‘direct damage’ as used in sub-section (4) with reference to land means the market value of the land taken and the depreciation, if any, in 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 intended to put the lands although such use may be injuriously affected by the reduction of the site.

Section 211. Setting forward buildings to improve line of street

211. Setting forward buildings to improve line of street.- The commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, with the sanction of the ¹[standing committee], by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction.

Explanation.-For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment if a, wall of such material and ??? as are approved by the commissioner is erected along the said line.

Section 212. Projected streets

212. Projected streets.- (1) The ¹[standing committee] may prepare schemes and plans of proposed public streets, showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.

(2) The width of such proposed streets shall ordinarily not be less than forty feet, or in any area covered by huts, twenty feet.

(3) When any plan has been prepared under sub-section (1), the provisions of section 210 shall apply to all buildings, so far as they stand across the street alignment of the projected street.

Section 213. Temporary closure of streets

²[213. Temporary closure of streets.- The commissioner may by an order temporarily close any street to traffic for repair, or in order to carry out any work connected with drainage, water supply or lighting or any of the purposes specified in Schedule V:

Provided that such work shall be completed and such street re-opened to traffic with all reasonable speed.]

Section 214. Protection of appurtenances and materials of streets

214. Protection of appurtenances and materials of streets.- It shall not be lawful for any person, without the permission of the commissioner, to displace, take up or make any alteration in the fences, posts, pavement, flags or other materials of any public street.

Section 214-A. Power of the Corporation to recover expenses caused by extraordinary traffic

¹[214-A. Power of the Corporation to recover expenses caused by extraordinary traffic.- When by a certificate of an officer of the Government Public Works Department of a rank not below that of an Executive Engineer it appears to the commissioner that having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the corporation in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, or by any process of loading, unloading or depositing excessive weights thereon the commissioner may recover in the Civil Court, from any person by or in consequence of whose order such damage has been caused, the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by the corporation by reason of the damage arising from such weight or traffic as aforesaid:

Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the corporation for the payment to it of a composition in respect of such weight or traffic and thereupon the persons so paying shall not be subject to any proceedings under this section.]

Section 215. Owner's obligation to make a street when disposing of land as building sites

Private Streets

215. Owner's obligation to make a street when disposing of land as building sites.- If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings, he shall, save in such cases as the site or sites may abut on an existing public or private street, lay down and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.

Section 216. Making of new private streets

216. Making of new private streets.- (1) Any person intending to lay out or make a new private street must send to the commissioner a written application with plans and sections shoeing the following particulars, namely:-

(a) the intended level, direction and width of the street,

(b) the street alignment and the building line, and

(c) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting the street.

(2) The provisions of this Act and of any rules or by-laws made under it as to the level and width of public streets and the height of buildings abutting thereon shall apply also in the case of streets referred to in sub-section (1); and all the particulars referred to in that sub-section shall be subject to approval by the ¹[commissioner].

(3) Within sixty days after the receipt of any application under sub-section (1) the ¹[commissioner] shall either sanction the making of the street on such conditions as ²[he think fit] or disallow it, or ask for further information with respect to it.

(4) Such sanction may be refused-

(i) if the proposed street would conflict with any arrangements which have been made or which are in the opinion of the ¹[commissioner] likely to be made, for earning out any general scheme of street improvement,

(ii) if the proposed street does not conform to the provisions of the Act, rules and by-laws referred to in sub-section (2), or

(iii) if the proposed ??? is not ??? so as to connect at one end with a street which is already open.

(5) No person shall lay out or make any new private street without or otherwise than in conformity with the orders of the ¹[commissioner]. If further information is asked for, no steps shall be taken to lay out or make the street until orders have been passed upon receipt of such information:

Provided that the passing of such orders shall not in any case be delayed for more than sixty days after the ¹[commissioner] has received all the information which ²[he considers necessary to enable him] to deal finally with the said application.

Section 217. Alteration or demolition of street made in breach of section 216

217. Alteration or demolition of street made in breach of section 216.- (1) If any person lays out or makes any street, referred to in section 216, without or otherwise than in conformity with the orders of the ¹[commissioner], the-commissioner may, whether or not the offender be prosecuted under this Act, by notice-

(a) require the offender to show sufficient cause, by a written statement signed by him and sent to the commissioner on or before such day as may be specified in the notice, why such street should not be altered to the satisfaction of the commissioner or if such alteration be impracticable, why such street should not be demolished, or

(b) require the offender to appear before the commissioner either personally or by a duly authorize agent, on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.

(2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the commissioner why such street should not be so altered or ??? the commissioner may pass an order directing the alteration or demolition of such street.

Section 218. Power of commissioner to order work to be carried out or to carry it out himself in default

218. Power of commissioner to order work to be carried out or to carry it out himself in default.- (1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved, or lighted to the satisfaction of the commissioner, he may by notice ¹[require the owners of such street or part and the owners of buildings and lands fronting or abutting on such street or part including in cases where the owners of the land and of the building thereon are different, the owners both of the land and of the building] to carry out any work: which in his opinion may be necessary, and within such time as may be specified in such notice.

(2) If such work is not carried out within the time specified in the notice, the commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the ²[owners referred to in sub-section (1) in such proportions as may be settled by the commissioner].

Section 219. Right of owners to require streets to be declared public

219. Right of owners to require streets to be declared public.- If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 218, such, street shall, on the requisition of ¹[a majority of the owners referred to in sub-section (1) of that section], be declared a public street.

Section 220. Prohibition against obstructions in streets

Encroachments on Streets

220. Prohibition against obstructions in streets.- No one shall build any wall or erect any fence or other ²[obstruction or projection or make any encroachment] in or over any street ³[or any public place the control of which is vested in the corporation] except as hereinafter provided.

Section 221. Prohibition and regulation of doors, ground-floor windows and bars opening outwards

221. Prohibition and regulation of doors, ground-floor windows and bars opening outwards.- (1) No door, gate, bar or ground-floor window shall without a licence from the commissioner be hung or placed so as to open outwards upon any street.

(2) The commissioner may by notice require the owner of such door, gate, bar, or window to alter it so that no part thereof when open shall project over the street.

Section 222. Removal of encroachments

222. Removal of encroachments.- (1) The commissioner may by notice require the owner or occupier of any premises to remove or alter any projection, encroachment or obstruction (other than a door, gate, bar, or ground-floor window) situated against or in front of such premises and in or over any street ⁴[or any public place the control of which is vested in the corporation].

(2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give him a prescriptive title ¹[or where such period is less than thirty years, for a period of thirty years] or that it was erected with the consent of any municipal authority duly empowered in that ??? that the period, if any, for which the consent is valid has not expired, the corporation shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.

Section 223. Power to allow certain projections and erections

²[223. Power to allow certain projections and erections.- (1) The commissioner may grant a licence subject to such conditions and restrictions as he may think fit to the owner or occupier of any premises-

(a) to put up or continue to have verandas, balconies, sun-shades, weather-frames and the like, to project over a street, or:

(b) in streets in which the construction of arcades has been sanctioned by the council, to put up or continue to have an arcade, or

³[(c) to construct or to continue to have any step or drain-covering necessary for access to the ???.]

(2) With the concurrence of the commissioner of police, the commissioner may grant a licence subject to such conditions and restrictions as he may think fit, for any temporary construction in any street or in any public place the control of which is vested in the corporation.

(3) No licence shall be granted under sub-section (1) if the projection or construction is likely to be injurious to health or cause public inconvenience or otherwise materially interfere or result in material interference with the use of the road as such.

(4) On the expiry of any period for which a licence has been granted under this section or after due communication of an order of suspension or revocation of such licence the commissioner may without notice, cause any projection or construction put up under sub-section (1) or (2) to be removed and the cost of so doing shall be recoverable in the manner provided in section 387 from the person to whom the licence was granted.

¹[(5) The council shall have power to lease read sides and street margins vested in the corporation for occupation on such terms and conditions and for such period as it may fix:

Provided that no such lease for any term exceeding three years shall be valid unless the sanction of the State Government therefor shall have been first obtained:

Provided further that if the State Government consider that any occupation of a road side or street margin under a lease granted by the council under this section is lively to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road side or street margin as such, the State Government may direct the council to cancel or modify the lease and the council shall thereupon cancel or modify the lease accordingly.]

Section 223-A. Power of council to setup hoardings and levy fees

¹[223-A. ²[Power of council to setup hoardings and levy fees].- Subject to the provisions of the ²(Tamil Nadu) Open Places (Prevention of Disfigurement) Act, 1959 (²[Tamil Nadu] Act 2 of 1959) and sections 129-A to 129-F of this Act, the commissioner may, with the sanction of the council, set up, for the exhibition of advertisements, hoardings, erections or other things in suitable places owned by, or vested in the corporation and may permit any person to use any such hoarding, erection or thing on payment of such fee as may be prescribed by regulations made by the council in this behalf.

Explanation I.-For the purposes of sections 129-D and 129-E the person who has been permitted to use any hoarding, erection or thing under this section shall be deemed to be the owner or the person in occupation of such hoarding, erection or thing.

Explanation II.-For the removal of doubts, it, is hereby declared that any fee payable by any person who has been permitted to use any hoarding, erection or thing under this section shall be in addition to the advertisement tax payable by him under section 129-A on advertisements exhibited by him on such hoarding, erection or thing.]

Section 224. Precautions during repair of streets

³224. Precautions during repair of streets.- (1) The commissioner shall, so far as is practicable during the construction or repair of any street, drain or premises vested in the corporation,

(a) cause the same to be fenced and guarded,

(b) take proper precautions against accident by shoring up and protecting the adjoining buildings, and

(c) cause such bars, chains of 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.

(2) The commissioner shall cause such drain, street or premises to be sufficiently lighted or guarded during the night while under construction or repair.

(3) The commissioner shall, with all reasonable speed, ¹[cause the said work to be completed, the ground to be filled in, the said drain, street or premises to be repaired and the rubbish occasioned thereby to be removed].

Section 225. Prohibition against removal of bars and lights

²225. Prohibition against removal of bars and lights.- No person shall without lawful authority-remove any bar, chain, post, or shoring timber or remove or extinguish any light set up under section 224.

Section 226. Making holes and causing obstruction

226. Making holes and causing obstruction.- (1) No person shall make a hole or cause any obstruction in any street unless he previously obtains the permission of the commissioner and complies with such conditions as he may impose.

(2) When such permission is granted, such person shall at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed, until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.

(3) If any obstruction is caused in any street by the fall of structures, trees, or the fences, the owner or occupier of the premises concerned shall within twelve hours of the occurrence of such fall, or within such further period as the commissioner may ¹[by written order] allow, clear the street of such obstruction.

Section 227. Licence for work on buildings likely to cause obstruction

227. Licence for work on buildings likely to cause obstruction.- If any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street or foot-way is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the commissioner in that behalf and shall also-

(a) cause the said building to be fenced and guarded,

(b) sufficiently light it during the night, and

(c) take proper precautions against accidents during such rime as the public safety or convenience ???.

Section 228. Naming or numbering of public streets

Naming Streets and Numbering Buildings

228. Naming or numbering of public streets.- (1) The council shall ²[give names or numbers] to new public streets and may ³[subject to the approval of the ⁴(State Government), alter the name, or number of any public street].

(2) The commissioner shall cause to be put up or painted in English and ¹[in Tamil] on a conspicuous part of some building, wall, or place, at or near each end corner or entrance of every public street, the name ²[or number] by which it is to be known.

(3) No person shall without lawful authority destroy, pull down or deface any such name ²[or number] or put up any name ²[or number] different from that put up by order of the commissioner.

Section 229. Numbering of buildings

229. Numbering of buildings.- (1) The commissioner may cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the enclosure thereof.

(2) No person shall without lawful authority destroy, pull down or deface any such number.

(3) When a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced; and if he fails to do so, the commissioner may by notice require him to replace it.

Section 230. Building rules

Chapter-X - Building Regulations

Chapter X. - Building Regulations

General Powers

230. Building rules.- (1) The ³[State Government] may make rules-

(a) for the regulation or restriction of the use of sites for building, and

(b) for the regulation or restriction of building.

(2) Without prejudice to the generality of the power conferred by sub-section (1), clause (a), rules made under that clause may provide-

(a) that no insanitary or dangerous site shall be used for building, and

(b) that no site shall be used for the construction of a building intended for public worship if the construction of the building thereon will wound the religious feelings of any class of persons.

(3) Without prejudice to the generality of the power confined by sub-section (1), clause (b), rules made under that clause may provide for the following matters;-

(a) information and plans to be submitted together with applications for permission to build;

(b) height of buildings, whether absolute or relative to the width of streets;

(c) level and width of foundation, level of lowest floor and stability of structure,;

(d) number and height of stories composing a building and height of rooms;

(e) provision of sufficient open Space, external or internal, and adequate means of ventilation;

(f) provision of means of egress in case of fire;

(g) provision of secondary means of access for the removal of house refuse;

(h) materials and methods of construction of external and party walls, roofs and floors;

(i) position, materials and methods of construction of hearths, smoke-escapes, chimneys, ??? latrines, drains, cess-pools;

(j) paving of yards;

(k) restrictions on the use of inflammable materials in building; and

(l) in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water.

(4) No piece of land shall be used as a site for the construction of a building, and no building shall be constructed or re-constructed otherwise than in accordance with the provisions of this Act and of any rules or by-laws made thereunder relating to the use of building-sites or the construction or reconstruction of buildings.

Section 231. Power of corporation to regulate future construction of certain classes of buildings in particular streets or localities

231. Power of corporation to regulate future construction of certain classes of buildings in particular streets or localities.- (1) The council may give public notice of their intention to declare-

(a) that, in any streets or portions of streets specified in the notice,

(i) continuous building will be allowed,

(ii) the elevation and construction of the frontage of all buildings thereafter constructed or re-constructed shall, in respect of their architectural features, be such as the ¹[commissioner] may consider suitable to the locality, or

(b) that in any localities specified in the notice, the construction of only detached buildings will be allowed, or

(c) that in any streets, portions of streets or localities specified in the notice, the construction of shops, warehouses factories huts, or buildings of a specified architectural character or buildings destined for particular uses will not be allowed without the special permission of the ¹[commissioner].

(2) No objections to any such declaration shall be received after a period of three months from the publication of such notice.

(3) The ¹[standing committee] shall consider all objections received within the said period and may then confirm the declaration, and before doing so, may modify it, but not so as to extend its effect.

(4) The commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication.

(5) No person shall, after the date of publication of such declaration, construct or re-construct any building in contravention of any such declaration.

Section 232. Buildings at corner of streets

232. Buildings at corner of streets.- (1) The council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent otherwise as it may determine, and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity.

(2) For any land so acquired the corporation shall pay compensation.

(3) In determining such compensation allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

Section 233. Prohibition against use of inflammable materials for buildings, etc., without permission

¹[233. Prohibition against use of inflammable materials for buildings, etc., without permission.- (1) No external roof, veranda, pandal, or wall of a building and no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable materials except with the permission of the commissioner, nor shall any such roof, veranda, pandal, wall, shed or fence constructed or re-constructed in any year be retained in a subsequent year, except with such permission.

(2) Every permission granted under sub-section (1) shall expire at the end of the year for which it is granted.]

Section 234. Application to construct or reconstruct building

²Buildings other than huts

234. Application to construct or reconstruct building.- (1) If any person intends to construct or re-construct a building, he shall send to the commissioner-

(a) an application in writing for approval of the site together with a site-plan of the land, and

(b) an application in writing for permission to execute the work together with a ground-plan, elevations and sections of the building and a specification of the work.

³[Explanation.-‘Building’ in this sub-section shall include a wall or fence of whatever height bounding or abutting on any public street.]

(2) Every document furnished under sub-section (1) shall contain such particulars and be prepared in such manner as may be required under rules or bylaws.

Section 235. Necessity for prior approval of the site

235. Necessity for prior approval of the site.- The commissioner shall not grant permission to construct or re-construct a building unless and until he has approved of the site on an application made under section 234.

Section 236. Prohibition against commencement of work without permission

236. Prohibition against commencement of work without permission.- ¹[(1)] The construction or re-construction of a building shall not be begun unless and until the commissioner has granted permission for the execution of the work.

¹[(2) While granting permission under sub-section (1), the commissioner may specify in writing, the precautions to be observed with reference to the construction or re-??? by the person making the application under sub-section (1) of section 234 and such person shall be responsible for the due observance of the precautions.]

Section 237. Period within which commissioner is to signify approval or disapproval

237. Period within which commissioner is to signify approval or disapproval.- Within thirty days after the receipt of any application made under section 234 for approval of a site, or of any information or further information required under rules or by-laws the commissioner shall, by written order, either approve the site or refuse on one or more of the grounds mentioned in section 240 to approve the site.

Section 238. Period within which commissioner is to grant or refuse to grant permission to execute work

238. Period within which commissioner is to grant or refuse to grant permission to execute work.- Within thirty days after the receipt of any application made under section 234 for permission to execute any work or of any information or of documents or further information or documents required under rules or by-laws the commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in section 240 or section 241 to grant it:

Provided that the said period of thirty days shall not begin to run until the site has been approved under section 237.

Section 239. Reference to standing committee if commissioner delays grant or refusal of approval or permission

239. Reference to ¹[standing committee if commissioner delays grant or refusal of approval or permission.- (1) If, within the period laid down in section 237 or section 238, as the case may be, the commissioner has neither given nor refused his approval of a building-site, or his permission to execute any work, as the case may be, the ¹[standing ???] shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.

(2) If the ²[¹(standing committee) does not, within one month] from the receipt of such written request, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or by-laws made under this Act.

Section 240. Grounds on which approval of site for, or permission to construct or reconstruct building, may be refused

240. Grounds on which approval of site for, or permission to construct or reconstruct building, may be refused.- The only grounds on which approval of a site for the construction or re-construction of a building or permission to construct or re-constr act a building may be refused, are the following, namely:-

(1) that the work or the use of the site for the work or any of the particulars comprised in the site-plan, ground-plan, elevations, sections, or specification would contravene some specified provision of any law or some specified order, rule, declaration or by-law made under any law;

(2) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or by-laws;

(3) that any of the documents referred to in section 234 have not been signed as required under rules or by-laws;

(4) that any information or documents required by the commissioner under the rules or by-laws has or have not been duly furnished;

(5) that streets or roads have not been made as required by section 215;

¹[(6) that the proposed building would be an encroachment upon ²(Government or municipal land);

(7) that the site of such building does not abut on a street or a projected street, and there is no access to such building from any such street by a passage or pathway appertaining to such site and not less than 12 feet wide at any part.]

Whenever the commissioner or the ³[standing committee] refuses to approve a site for a building, or to grant permission to construct or re-construct a building, the reasons for such refusal shall be specifically stated in the order.

Section 241. Special powers for suspending permission to construct buildings

241. Special powers for suspending permission to construct buildings.- Notwithstanding anything contained in section 246 if any street shown in the site-plan is an intended private street the commissioner may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.

Section 242. Lapse of permission if not acted upon within one year

242. Lapse of permission if not acted upon within one year.- ¹[(1)] If the construction or re-construction of a building is not commenced within ¹[six months] after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this chapter.

¹[(2) If the construction or reconstruction of the building is not completed within such period (not exceeding two years from the date on which permission was given for the construction or re-construction) as may be specified in this behalf by the commissioner, it shall not be continued thereafter until a fresh application has been made and fresh permission granted under this Chapter.]

Section 243. Inspection by commissioner

243. Inspection by commissioner.- The commissioner may inspect any building during the construction or re-construction thereof, or within one month from the date of receipt of the notice given under section 107.

Section 244. Power of commissioner to require alteration of work

244. Power of commissioner to require alteration of work.- (1) If the commissioner finds that the work-

(a) is otherwise than in accordance with the plans or specifications which have been approved, or

(b) contravenes any of the provisions of this Act or any rule, by-law, order or declaration made under this Act, he may by notice require the owner of the building within a period stated either-

(i) to make such alterations as may be specified in the said notice with the object of bringing the work in conformity with the said plans, specifications or provisions, or

(ii) to show cause why such alterations, should not be made.

(2) If the owner does not show cause as aforesaid he shall be bound to make the alterations specified in such notice.

(3) If the owner shows cause as aforesaid the commissioner shall by an order cancel the notice issued under sub-section (1), or confirm the same subject to such modification, as he may think fit.

Section 244-A. Power of commissioner to impose penalty in the case of unauthorized constructions or alterations

¹[244-A. Power of commissioner to impose penalty in the case of unauthorized constructions or alterations.- Notwithstanding any action taken under section 244 or section 357(1), where in the opinion of the commissioner any building has been constructed or altered otherwise than in accordance with the plans and specifications which have been approved or in contravention of any of the provisions of this Act or any rule, by-law, order or declaration made under this Act, the commissioner may direct the owner of such building to pay by way of penalty a sum not exceeding fifty rupees for every half year or part thereof in respect of every one hundred square feet or part thereof covered by the portion or portions of the building so constructed or altered, the area of the ground floor and the other floors, if any, being reckoned separately. Such penalty shall be recovered in the same manner as the property tax until the portion or portions aforesaid are removed or rectified by the owner and the resulting construction is approved by the commissioner.]

Section 245. Stoppage of work endangering human life

245. Stoppage of work endangering human life.- Notwithstanding anything contained in any of the preceding sections, the commissioner may at any time stop the construction or reconstruction of any building if in his opinion the work in progress an longers human life.

Section 246. Above provisions not applicable to huts

246. Above provisions not applicable to huts.- In sections 234 to 245 the word ‘building’ does not include a hut.

Section 246-A. Demolition of buildings

¹[246-A. Demolition of buildings.- (1) If any person intends to demolish a building either in whole or in part, he shall send an application to the commissioner in writing for permission to execute the work.

(2) The commissioner shall grant permission to execute the work subject to such conditions as he may deem necessary for ensuring the health or safety of the people living within of near the building.

(3) The demolition of a building shall not be begun unless and until the commissioner has granted permission for the execution of the work, and the work shall not be executed without complying with the conditions, if any, subject to which the permission has been granted.]

Section 247. Application of certain sections to wells

Wells

247. Application of certain sections to wells.- The provisions of sections 234, 235, 236, 242, 243, 244 and 245 shall, so far as may be, apply to wells.

Section 248. Application to construct or reconstruct huts

Huts

248. Application to construct or reconstruct huts.- (1) Every person who intends to construct, reconstruct a hut shall send to the commissioner-

(a) an application in writing for permission to execute the work, and

(b) a site-plan of the land.

(2) Every such application and plan shall contain the particulars and be prepared in the manner re-quired under rules or by-laws.

Section 249. Prohibition against commencement of work without permission

249. Prohibition against commencement of work without permission.- The construction or re-construction of a hut shall not be commenced unless and until the commissioner has granted permission for the execution of the work on an application sent to him under section 248.

Section 250. Period within which commissioner is to grant or refuse to grant permission to execute the work

250. Period within which commissioner is to grant or refuse to grant permission to execute the work.- Within fourteen days after the receipt of any application made under section 248 for permission to construct or re-construct a hut, or of any information or plan or further information or fresh plan required under rules or by-laws, the commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in section 252 to grant it.

Section 251. Reference to standing committee if commissioner delays grant or refusal of permission

251. Reference to standing committee if commissioner delays grant or refusal of permission.- (1) If within the period laid down in section 250, the commissioner has neither granted nor refused to grant ??? to instruct or re-construct a hut, the ¹[standing committee] shall be bound on the written request of the applicant, to determine by written order whether such permission should be granted or not.

(2) If the ¹[standing committee] does not, within thirty days from the receipt of such written request, determine whether such permission should be granted or not, such permission shall be deemed to have been granted; and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or by-laws made under this Act.

Section 252. Grounds on which permission to construct or reconstruct hut may be refused

252. Grounds on which permission to construct or reconstruct hut may be refused.- The only grounds on which permission to construct or re-construct a hut may be refused are the following, namely:-

(1) that the work or the use of the site for the work would contravene some specified provision of any law or some specified rule, by-law, order or declaration made under any law;

(2) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or by-laws;

(3) that any information or plan required by the commissioner under rules or by-laws has not been duly furnished;

(4) that streets or roads have not been made as required by section 215;

¹[(5) that the land on which the hut is to be constructed or the street or streets on which such land abuts are not adequately drained, levelled or lighted; or

(6) that the proposed hut would be an encroachment upon ²(Government or municipal land).]

Whenever the commissioner or ³[standing committee] refuses to grant permission to construct or re-construct a hut, the reasons for such refusal shall be specifically stated in the order.

Section 253. Lapse of permission if not acted upon within six months

253. Lapse of permission if not acted upon within six months.- ¹[(1)] If the construction, or re-construction of any but is not commenced within ¹[three months] after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this chapter.

¹[(2) If the construction or re-construction of the hut is not completed within such period (not exceeding one year from the date on which permission was given for the construction or re-construction) as may be specified in this behalf by the commissioner it shall not be continued thereafter until a fresh application has been made and fresh permission granted under this Chapter.]

Section 254. Maintenance of external walls in repair

External walls, alterations and additions

254. Maintenance of external walls in repair.- The owner or occupier of any building adjoining a ²[…] street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the commissioner.

Section 255. Application of provisions to alterations and additions

255. Application of provisions to alterations and additions.- (1) The provisions of this chapter and of any rules or by-laws made under this Act relating to construction and re-construction of buildings shall also be applicable to any alteration thereof or addition thereto:

Provided that works of necessary repair which do not affect the position or dimensions of a building or any room therein shall not be deemed an alteration or addition for the purpose of this section.

(2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimensions of a building or room such question shall be referred to the ¹[standing committee], whose decision shall be final.

Section 256. Demolition or alteration of building or well-work unlawfully commenced, carried on or completed

Powers of Commissioner

256. Demolition or alteration of building or well-work unlawfully commenced, carried on or completed.- (1) If the commissioner is satisfied-

(i) that the construction or re-construction of any building or well-

(a) has been commenced without obtaining the permission of the commissioner or (where an appeal or reference has been made to the standing committee) in contravention of any order passed by the ¹[standing committee], or

(b) is being carried on, or has been completed 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 such rules or by-laws, or

(ii) that any alterations required by any notice issued under section 244 have not been duly made,

(iii) that any alteration of, or additions to, any building or any other work made or done for any purpose in, to, or upon any building, has been commenced or is being carried on or has been completed in, breach of section 255, he may make a provisional order requiring the owner or the builder to demolish the work done, or so much of it as, in the opinion of the commissioner has been lawfully executed, or to make such alterations as may, in the opinion of the commissioner, be necessary to bring the work into conformity with the Act, rules, by-laws, direction or requisition as aforesaid, or with the plans or particulars on which such permission or order was based, and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building or well.

(2) The commissioner shall serve a copy of the provisional order made under sub-section (1) on the owner of the building or well together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed.

(3) If the owner fails to show cause to the satisfaction of the commissioner, the commissioner may confirm the order with any modification he may think fit to make ¹[and such order shall then be binding on the owner].

Section 256-A. Power of commissioner to direct removal of persons directing or carrying on construction of buildings, etc.

²[256-A. Power of commissioner to direct removal of persons directing or carrying on construction of buildings, etc.- (1) If the construction or reconstruction of any building or well-

(a) is commenced without the permission of the commissioner, or

(b) is carried on otherwise than in accordance with the particulars on which such permission was based, or

(c) is carried on in contravention of any lawful order or breach of any provision contained in this Act or in any rule or by-law made under it, of any direction or requisition lawfully given or made, the commissioner may, after three days' notice, direct that any person directing or carrying on such construction or reconstruction, or any person employed in the execution thereof in such building or well or any other place adjacent thereto shall be removed from such building, well or place.

(2) It shall be the duty of every police officer to assist the commissioner or any officer or Servant of the corporation reasonably demanding his aid for carrying into effect the direction given by the commissioner under sub-section (1).]

Section 257. Exemptions

Exemptions

257. Exemptions.- Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house, meter-house, summer-house (not being a dwelling-house), poultry-house, or aviary, shall be exempted from the provisions of this chapter other than section 233, provided the building be wholly detached from, and situated at a distance of at least 10 feet from the nearest adjacent building.

Section 257-A. Power of standing committee to define and alter limits of cheris or hutting grounds

Chapter-X-A - Cheris or Hutting Grounds

¹[Chapter X-A-Cheris or Hutting Grounds]

¹[Preliminary]

¹[257-A. Power of ²[standing committee to define and alter limits of cheris or hutting grounds.- The ²[standing committee] may, subject to the; approval of the council, decide whether any particular area is or is not a cheri or hutting ground as defined in clause (8-A) of section 3 and the decision of the ²[standing committee] shall, on such approval, the final. The ²[standing committee] may also, subject to the approval of the council, define the external limits of any cheri or hutting ground and from time to time alter such limits.]

Section 257-AA. Power of commissioner to require space to be kept between masonry building in cheri or hutting ground and centre line of cheri or hutting ground street

²[257-AA. Power of commissioner to require space to be kept between masonry building in cheri or hutting ground and centre line of cheri or hutting ground street.- Any person who erects a masonry building-

(a) in any cheri or hutting ground in respect of which a standard plan has been ³[approved under section 257-C, 257-D, or 257-J], or

(b) in any cheri or hutting ground or area in respect of which alignments for streets have been prescribed under section 257-Y.

Section 257-B. Power of commissioner to require owner of cheri or hutting ground to carry out ceitain improvements

¹[Improvement of cheris or hutting grounds]

¹[257-B. Power of commissioner to require owner of cheri or hutting ground to carry out ceitain improvements.- (1) The commissioner may, for sanitary reasons, require the owner or owners of any cheri or hutting ground, of which the total area as comprised within the limits defined under section 257-A is less than four thousand eight hundred square feet-

(a) to open up and construct such passages, not exceeding twelve feet in width, between the buildings or huts, and to provide such surface drains and latrines for the use of the tenant of the cheri or hutting ground, as the commissioner may think necessary; and

(b) to remove the whole or any portion of a hut provided that the owner of the building or hut shall be entitled to receive from the municipal fund such compensation calculated according to the estimated value of the structure removed, as the commissioner may determine.

(2) When the commissioner proposes to issue a requisition in respect of any cheri or hutting ground under sub-section (1), he shall prepare a standard plan showing in proposed improvements, and may then by written notice, call on the owner or owners of the cheri or hutting ground to show cause why the cheri or hutting ground should not be improved within a date to be fixed in conformity with the said plan.

(3) The provisions of sections 257-J, 257-K, 257-L, 257-Q, 257-T, 257-U and 257-X shall, with all necessary modifications, be deemed to apply in the case of every requisition issued under sub-section (1).]

Section 257-BB. Application of provisions of this Chapter to alterations or additions

257-BB. Application of provisions of this Chapter to alterations or additions.- ???

Provided that works of necessary ???

(2) ???

Section 257-C. Power of commissioner to require preparation of standard plan by owner of cheri or hutting ground

¹[257-C. Power of commissioner to require preparation of standard plan by owner of cheri or hutting ground.- (1) The commissioner may, at any time, if it appears to him that any cheri or hutting ground for sanitary reasons, requires improvement, serve a notice upon the owner of such cheri or hutting ground requiring him to prepare and submit a plan of the cheri or hutting ground, to the scale of thirty-three feet to the inch, showing-

(a) the manner in which the cheri or hutting ground should be laid out, with the buildings or huts standing in regular lines and with a free passage, in front of and behind each line, of such width as may be necessary for proper ventilation and for scavenging;

(b) the drains for the general use of the ??? of the cheri or hutting ground;

(c) the means of lighting, common water-supply, bathing arrangements (if any) and common privy accommodation to be provided for the use of the tenants;

(d) the streets and passages which are to be maintained for the benefit of the tenants;

(e) the tanks, wells and low lands which are to be filled up and the tanks which are to be conserved; and

(f) any other proposed improvements;

Provided that when there are two or more owners of a cheri or hutting ground the commissioner may require them to prepare and submit a joint plan of the cheri or hutting ground.

(2) The streets referred to in clause (d) of sub-section (1) shall be not less than sixteen feet wide and ordinarily not more than two hundred feet apart, and the passages referred to in that clause shall be not less than twelve feet wide.

(3) If there is any masonry building within the limits of the cheri or hutting ground, the said plan shall be so prepared as clearly to distinguish such building and the land pertaining to it.

(4) The said plan shall be considered by the commissioner who may approve of it without modification or with such modifications as he thinks fit and the said plan as approved by the commissioner shall be deemed to be the standard plan of the cheri or hutting ground.]

Section 257-D. Preparation of standard plan by commissioner where owners disagree, etc.

¹257-D. Preparation of standard plan by commissioner where owners disagree, etc.- (1) if, after the service of a notice under section 257-C on the owner or owners of any cheri or hutting ground-

(a) such owner or owners prefer for any reason to have a plan prepared for them by the commissioner, or

(b) such owner or owners fail to comply within sixty days with such notice, or

(c) such owners do not agree among themselves in the preparation of a plan as required by such notice,

the commissioner shall cause the cheri or hutting ground to be inspected by two persons appointed in that behalf, one of whom shall be the health officer of the corporation or a Person holding the diploma of Public Health or such other qualification as may be prescribed by the council in this behalf, and the other an engineer, and the commissioner on receipt of their report shall cause a plan to be prepared to the scale, and showing the particulars prescribed in the said section.

(2) When a plan has been prepared under sub-section (1), the commissioner shall fix a day for the hearing of objections (if any) made by or on behalf of the owner or owners of the cheri or hutting ground and the owners of huts or masonry buildings therein,: and after hearing such objections, may in his discretion, approve such plan either with or without modifications.

(3) Every plan of a cheri or hutting ground approved under sub-section (2) shall be deemed to be the standard plan of the cheri or hutting ground.

(4) When the commissioner causes, a plan to be prepared under sub-section (1), he may charge the owner or owners of the cheri or hutting ground therefor at a rate not exceeding one rupee per two thousand four hundred square feet.]

Section 257-E. Suspension of building pending preparation of standard plan

¹[257-E. Suspension of building pending preparation of standard plan.- When the owner or owners of a cheri or, hutting ground have been required under section 257-C to prepare a plan, no new building or hut shall be erected and no addition shall be made to any building or hut within the cheri or hutting ground until a plan has been prepared and approved under that section or under section 257-D.]

Section 257-F. Prohibition of building contrary to standard plan

¹[257-F. Prohibition of building contrary to standard plan.- When a standard plan has been approved for any cheri or hutting ground under section 257-C or section 257-D, no new building or hut shall be erected and no addition shall be made to any building or hut in such cheri or hutting ground unless the building or hut, or the portion to be added, as the case may be, occupies a site, or portion of a site, marked in the standard plan as the site for a building or hut.]

Section 257-G. Power of commissioner to require removal of building or hut not in conformity with standard plan

¹[257-G. Power of commissioner to require removal of building or hut not in conformity with standard plan.- (1) When a standard plan has been approved for any cheri or hutting ground under section 257-C or section 257-D, the commissioner may, at any time, by notice, require the owner of any building or hut in such cheri or hutting ground, which is nut in conformity with the standard plan, to remove the whole or any portion of such building or hut.]

(2) When a building or hut or portion of a building or hut has been removed in compliance with a requisition made under sub-section (1), the owner thereof shall be entitled to receive from the municipal fund such compensation calculated according to the estimated value of the structure removed, less the value of the materials, if the owner elects to take these, as the commissioner may determine.]

Section 257-H. Power of commissioner to require carrying out of other improvements in conformity with standard plan

¹[257-H. Power of commissioner to require carrying out of other improvements in conformity with standard plan.- (1) The commissioner may at any time, by notice, require the owner or owners of any cheri or hutting ground for which a standard plan has been prepared under section 257-C or section 257-D-

(a) to construct the drains, privies, streets, and passages, provide the means of lighting, water-supply and common bathing arrangements and carry out the other improvements shown in such plan, so far as may be practicable having regard to the existing arrangement of the huts, and

(b) if any tank, well or low land is shown in such plan as to be conserved or filled up, to conserve or fill up such tank, well or low land.

(2) Until such notice is complied with, the commissioner may refuse to sanction the erection of a new building or hut or the making of any addition to any building or hut in the cheri or hutting ground.]

Section 257-I. Exemptions

¹[257-I. Exemptions.- Inspection report and preparation of standard plan by registered medical practitioner and engineer, in cases requiring expedition.- (1) If it appears to the commissioner that any cheri or hutting ground-

(a) by reason of the manner in which the buildings or huts are crowded together, or

(b) for any other reason,

is in such an unhealthy condition that the procedure provided by the foregoing sections of this chapter would be too dilatory to meet the emergency, he may, rafter giving notice to the owner or owners of the cheri for hutting ground, cause the cheri or hutting ground to be inspected by two persons appointed in that behalf, one of whom shall be the health officer of the corporation or a person holding the diploma of Public Health or having such other qualifications as may be prescribed by the council in this behalf, and the other an engineer. In appointing such persons the commissioner shall consider any proposals made by the owner or owners of the cheri or hutting ground in this conmxion.

(2) The said persons shall forthwith-

(a) submit a written report on the sanitary condition of the cheri or hutting ground,

(b) annex to the report a p;an approved by them as a proper standard plan of such cheri or hutting ground, and

(c) certify-

(i) which of the improvements required to bring the cheri or hutting ground into conformity with such plan should be taken inland forthwith in consequence of the unhealthy condition of the cheri or hutting ground, and

(ii) which (if any) of such improvements should be deferred for action under the foregoing sections of this chapter.

(3) The improvements referred to in sub-clauses (i) and (ii) of clause (c) of sub-section (2) shall be specified in two separate schedules which shall be annexed to the report and called Schedule A and Schedule B, respectively.

(4) The said schedules shall clearly indicate-

(a) the buildings or huts which should be removed wholly or in part,

(b) the streets, passages and drains which should be constructed,

(c) the means of lighting, water-supply, common bathing arrangements and common privy accommodation to be provided for the use of the tenants.

(d) the tanks, well and low lands which should be filled up.

(e) any other improvements which the two persons' appointed under sub-section (1) may consider necessary in order to remove or abate the unhealthy; condition of the cheri or hutting ground, and

(f) any masonry building within the cheri or hutting ground, and any land pertaining to such building which it may be necessary to purchase or acquire for the purpose of making such streets or passages, or effecting any such improvement.

(5) A report (together with the schedules annexed thereto) submitted under this section by any two persons appointed under sub-section (1) shall be sufficient evidence of the result of such inspection.]

Section 257-J. Approval by standing committee of standard plan and Schedules annexed to report

¹[257-J. Approval by standing committee of standard plan and Schedules annexed to report.- (1) The ²[standing committee] shall consider every report (together with the plan and Schedules A and B annexed thereto) made under section 257-1, and after considering the objections (if any) of the owner or owners of the cheri or hutting ground in respect of which the report has been made, and of any owner of any hut which is required to be demolished or altered and of the owner of any masonry building which is to be dealt with under sub-section (4) of section 257-1, may approve such plan and schedules after making such modifications (if any) therein as it may think fit.

(2) The plan so approved shall be deemed to be the standard plan of such cheri or hutting ground.]

Section 257-K. Power of commissioner to require owners to carry out improvements specified in Schedule A

¹[257-K. Power of commissioner to require owners to carry out improvements specified in Schedule A.- When Schedule A annexed to a report made under section 257-l has been approved under section 257-J, the commissioner may cause a written notice to be served upon-

(a) the owners of the buildings or huts referred to in such Schedule A, or

(b) the owner or owners of the cheri or Muting ground in which such buildings or huts are situated,

requiring them to carry out all or any of the improvements specified in that schedule or any portion of such improvements.]

Section 257-L. Payment of expenses incurred in carrying out improvements

¹[257-L. Payment of expenses incurred in carrying out improvements.- When any improvements required by a notice under section 257-K are carried out by the commissioner under section 380, all expenses incurred thereby, including such reasonable compensation as the commissioner may think fit to pay to the owners or occupiers of buildings or huts removed, shall be paid by the owner or owners of the cheri or huttimg ground to the corporation and shall constitute a charge upon such cheri or hutting ground:

Provided that notwithstanding anything contained in section 384, if it appears to the ²(standing committee) that any such owner is unable by reason of poverty, to pay such expenses or any portion thereof, in the case of expenses relating to work which should, in the opinion of the ²(standing committee), have been done by the owners or occupiers of huts within the cheri or hutting ground, it may order the same or any portion thereof to be paid out of the municipal fund, and in the case of expenses which should be paid by the owner or owners of the cheri or hutting ground, it may order the same or any portion thereof to be advanced out of the municipal fund, but thereafter to constitute a charge upon such cheri or hutting ground.]

Section 257-M. Disposal by the commissioner of materials of buildings or huts pulled down

¹257-M. Disposal by the commissioner of materials of buildings or huts pulled down.- (1) If, in carrying out any improvements as provided in section 257-K the commissioner causes any building or hut or any portion thereof to be pulled down, he shall-

(a) cause the materials of such building, hut or portion to be given to the owner of the building or hut if such owner elects to take them; or

(b) if the owner does not elect to take the materials, or if the owner be unknown or the title to the building or hut be disputed, cause such materials to be sold, and hold in deposit the proceeds of the sale together with any sum awarded as compensation under section 257-L.

(2) Any amount held in deposit under clause (b) of sub-section (1) shall be so held by the corporation until any person obtains an order from a competent court for the payment to him of such amount.

(3) A Court of Small Causes shall be deemed to be a competent court for the purposes of this section.]

Section 257-N. Power of standing committee to direct commissioner to purchase or acquire building or land in cheri or hutting ground

¹[257-N. Power of standing committee to direct commissioner to purchase or acquire building or land in cheri or hutting ground.- The ²(standing committee) may at any time after the receipt of a report made under section 257-1, direct the commissioner to purchase or acquire-

(a) any building within such cheri or hutting ground, or

(b) any land appertaining to such building, or

(c) any such building, together with the land appertaining thereto or any portion thereof,

which is mentioned in that behalf in Schedule A or, Schedule B annexed to such report provided however that it shall be competent for the commissioner to purchase any item of property mentioned above if it does not exceed rupees one thousand in value].

Section 257-O. Application of sections 257-R to 257-H to cheri or hutting ground for which standard plan has been approved under section 257-J

¹[257-O. Application of sections 257-R to 257-H to cheri or hutting ground for which standard plan has been approved under section 257-J.- When a standard plan of a cheri or, hutting ground, and any Schedule B, annexed to the report made under section 257-l with respect to that cheri or hutting ground, have been approved under section 257-J-

(a) the provisions of section 257-F shall apply to such cheri or hutting ground, and

(b) the provisions of sections 257-G and 257-H shall apply to such cheri or hutting ground in respect of the improvements indicated in that schedule as provided in sub-section (4) of section 257-I]

Section 257-P. Alternative power of commissioner to make standard plan, to purchase or acquire cheri or hutting ground and carry out improvements himself or through purchaser or lessee

¹[257-P. Alternative power of commissioner to make standard plan, to purchase or acquire cheri or hutting ground and carry out improvements himself or through purchaser or lessee.- (1) Notwithstanding anything contained in sections 257-J to 257-O, the ²(standing committee) may, after receipt of a report made under section 257-l with respect to any cheri or hutting ground, and after giving an opportunity of being heard to the owner or owners thereof, pass a resolution to the effect that the cheri or hutting ground is an unhealthy area and that in its opinion, the purchase or acquisition of the cheri or hutting ground, or of any portion thereof, is necessary for the purpose of making the improvements referred to in the said report.

(2) When any such resolution has been passed, the commissioner shall make a plan for the improvement of the said cheri or hutting ground or portion thereof, together with such estimates as may be necessary for a due understanding of the same, and may then purchase or acquire the said cheri, hutting ground or portion, and such plan shall be deemed, to be the standard plan of the cheri or hutting ground.

(3) When any cheri or hutting ground or portion of a cheri or hutting ground has been so purchased or acquired, the commissioner shall as soon as is reasonably practicable, either-

(a) sell or lease the same or part thereof to any person for the purpose and under the condition that he will, as regards the land so sold or leased to him, carry out the improvements shown in such standard plan, or

(b) himself bring the said cheri, hutting ground or portion or any part of the same which has not been sold or leased under clause (a), into conformity with such standard plan, or

(c) take measure for the erection of sanitary dwellings for the working classes or for the poorer classes, or for both, on such land.

(4) Whenever the commissioner desires to sell or lease under sub-section (3) any cheri or hutting ground or any portion thereof, he shall, on application made on that behalf, give to the person from whom the same was, purchased or acquired, or his heirs, executors or administrators, a preferential right, to purchase or take on lease such cheri, hutting ground or portion at such rates and on such terms and conditions as may be fixed by the ¹(standing committee), if the ¹[standing committee] considers that such right can be given without detriment to the carrying out of the purposes of this Act. If more than one person so applies, the ¹(standing committee) shall determine which of such persons shall have the preferential right under this sub-section to purchase or take on lease such cheri or hutting ground or portion].

Section 257-Q. Proportions of area of cheri or hutting ground to be shown in standard plan as streets, passages and open lands

²[257-Q. Proportions of area of cheri or hutting ground to be shown in standard plan as streets, passages and open lands.- (1) No standard plan approved for a cheri or hutting ground under this chapter shall, without the consent of the owner thereof, show more than-

(a) one-third of the whole area of such cheri or hutting ground as streets or passages, or

(b) one-half of such area as open lands not to be built upon, whether such open lands be common ground, streets, passages or spaces behind a line of buildings or huts.

(2) In calculating the said proportions of one-third and one-half of any such area, no tank situated therein that has not been filled up shall be taken into account.]

Section 257-R. Regulation of plots by standard plan and compensation for adjustments of plots

²[257-R. Regulation of plots by standard plan and compensation for adjustments of plots.- (1) When the land included in a cheri or hutting ground is owned by more owners than one, each owning one or more separate plots of such land, the standard plan approved under this chapter for such cheri or hutting ground shall, as far as practicable, pro vide-

(a) for one or more buildings or huts being completely contained in each such plot, and

???

(2) ???

(i) ???

(ii) ???

(3) ???

(4) ???

Section 257-S. Streets and passages shown in standard plan, if not public streets, to remain private

257-S. Streets and passages shown in standard plan, if not public streets, to remain private.- Every street or passage in a ???.

Provided that any ???.

(2) ???

Section 257-T. Bathing-arrangements and privy accommodation in cheri or hutting ground as shown in standard plan, to be kept open for use of tenants

257-T. Bathing-arrangements and privy accommodation in cheri or hutting ground as shown in standard plan, to be kept open for use of tenants.- ???

Provided that not ???.

Section 257-U. Owner of land in cheri or hutting ground to maintain certain conveniences on his land

257-U. Owner of land in cheri or hutting ground to maintain certain conveniences on his land.- The owner or owners of any land in a ???

(2) The commissioner may, at any time, cause a ???

Provided that any convenience made by the owner of a building or hut for his own use shall, subject to such notice as aforesaid, be maintained by him and not by the owner of the cheri or hutting ground.

(3) If the commissioner is satisfied that any street, passage, drain, bathing arrangements, privy accommodation, means of water-supply or other work or any portion thereof, has been damaged by any tenant or tenants of the cheri or hutting ground, the commissioner may, if he thinks it desirable to do so, call upon such tenant or any one or more of such tenants by a notice to repair such street, passage, drain, bathing arrangements, privy accommodation, means of water-supply or other work or portion thereof.

(4) Notwithstanding anything contained in this section or in section 257-T, the scavenging of streets and common privies shall be done by the corporation free of charge.]

Section 257-V. Right of owner of land and owner of building or but, over streets, land and drains shown in standard plan

¹[257-V. Right of owner of land and owner of building or but, over streets, land and drains shown in standard plan.- (1) The owner of any land in a cheri or hutting ground, for which a standard plan has been approved under this chapter, shall be deemed to be the occupier of-

(a) all the streets, passages and common ground,

(b) all drains provided for the use of more than one hut, and

(c) the common bathing arrangements, common privies and means of lighting the cheri or hutting ground on such land so far as the same are constructed in accordance with the standard plan.

(2) The ownur of any building or hut in such cheri or hutting ground shall be deemed to be the occupier of-

(i) the land on which such building or but stands,

(ii) the open space behind such building or hut which appertains thereto, and

(iii) every drain, privy, means of lighting or water connexion (if any) provided for the sole use of such building or hut.]

Section 257-W. Cheri or hutting ground, when to be deemed a remodelled cheri or hutting ground

¹[257-W. Cheri or hutting ground, when to be deemed a remodelled cheri or hutting ground.- When a cheri or hutting ground has been brought into conformity with the standard plan approved under this chapter for such cheri or hutting ground, it shall be deemed to be a remodelled cheri or hutting ground.]

Section 257-X. Power of owner to take land out of the category of cheri or hutting ground in certain cases

¹[257-X. Power of owner to take land out of the category of cheri or hutting ground in certain cases.- (1) The owner of any land included in a cheri or hutting ground and bearing a separate number in the assessment-book may, at any time, whether a standard plan for the cheri or hutting ground has been prepared under this chapter or not, send notice to the commissioner that he intends to remove all the buildings or huts standing on such land:

Provided that the receipt of any such notice by the commissioner shall not be a bar to the approval by the commissioner or the ²[standing committee] under this chapter., of a standard plan for such cheri or hutting ground.

(2) From the date of such notice no application shall be entertained for erecting on such land any new building for hut or adding to any building or hut standing on the land.

(3) ???

(4) ???

(i) ???

(ii) ???

(5) ???

(6) ???

(a) ???

(b) ???

(7) ???

Section 257-Y. Power of standing committee to prescribe alignments for cheri or hutting ground streets

Cheri or hutting ground streets

257-Y. Power of standing committee to prescribe alignments for cheri or hutting ground streets.- ???

(2) When the land within such cheri or hutting ground or area is owned by more owners than one, each owning one or more separate plots of such land, such alignments shall as far as practicable, be so prescribed as not to occupy, within any such plot, more than one-fourth of the area thereof and shall not ordinarily be less than one hundred feet apart.

(3) If, in any such plot, more than one-fourth of the area thereof is occupied by such alignments, the corporation shall pay such compensation to the owner of the plot as the ¹[standing committee] may fix as reasonable:

Provided, that no compensation shall be paid in respect of any such plot as long as any hut or other structure other than a masonry building is left standing within any such alignment in the plot.

(4) No building or hut or portion thereof shall be erected within any alignment prescribed under sub-section (1).

(5) The provisions of section 257-S shall, with all necessary modifications, be deemed to apply to every street the alignment for which has been prescribed under this section.]

Section 257-Z. Power of commissioner to require removal of existing huts within street or hut alignment in cheri or hutting ground

²[257-Z. Power of commissioner to require removal of existing huts within street or hut alignment in cheri or hutting ground.- (1) In any cheri or hutting ground, at any time after the expiration of seven years from the time when any alignment has been prescribed-

(a) for a street under section 257-Y, or

(b) for buildings or huts,

the commissioner may, by notice require the owner of the land or the owners or occupiers of existing buildings or huts to remove such buildings or huts or portions thereof as fall-

(i) within any such prescribed street alignment, or

(ii) within six feet on either side of any such prescribed building or hut alignment as the case may be.

(2) When a building or hut has been removed under the provisions of sub-section (1), the corporation shall pay to the owner thereof such compensation as the ¹[standing committee] may consider to be reasonable, but such compensation shall in no case exceed the value of the building or hut less the value of the materials thereof].

Section 258. Precautions in case of dangerous structures

Chapter-XI - Nuisances

Chapter XI-Nuisances

Dangerous Structures, Trees and Places

258. Precautions in case of dangerous structures.- ???

Section 259. Precautions in case of dangerous trees

259. Precautions in case of dangerous trees.- ???

(2) If immediate action is necessary, the commissioner may himself, before giving such notice or before the period of notice expires secure, lop or cut down the said tree of remove the fruit thereof of fence off a part of any street or take such temporary measures, as he thinks fit to prevent danger and the cost of so doing shall be recoverable from the; owner of the tree in the manner provided in section 387.

Section 260. Precautions in case of dangerous tanks, wells, holes, etc.

260. Precautions in case of dangerous tanks, wells, holes, etc.- (1) If any tank, pond, well, hole, stream, dam, bank or other place be deemed by the commissioner to be, for want of sufficient repair, protection or enclosure, dangerous to the passers by, or to persons living in the neighbourhood, the commissioner may by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.

(2) If immediate action is necessary, the commissioner may himself, before giving such notice or before the period of notice expires take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in section 387.

Section 261. Precautions against fire

261. Precautions against fire.- (1) The commissioner may by notice require the owner of any ¹[structure], booth or tent partly or entirely composed of, or having any external roof, veranda, pandal, ²[fence] or wall partly or entirely composed of, cloth, grass, leaves, mats or other inflammable materials to remove or alter such ¹[structure], booth, tent, roof, veranda, pandal, ²[fence] or wall, or may grant him permission to retain the same on such conditions as the commissioner may think necessary to prevent danger from fire.

(2) The commissioner may by notice require, any person using any place for the storage for ??? use of timber, fire-wood, or other combustible things to take special steps to guard against danger from fire.

(3) Where the commissioner is of opinion that the means of egress from any ¹[structure] are insufficient to allow of safe exit in the event of fire, he may, with the sanction of the ²[standing committee], by notice require the owner or occupier of the ¹[structure] to alter or reconstruct any staircase in such manner or to provide such additional or emergency staircases as he may direct; and when any ²[structure], booth or tent is used for purposes of public entertainment he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exits so placed and maintained as readily to afford the audience ample means of safe egress, that the seating be so arranged as not to interfere with free access to the exits, and that the gangways, passages and staircases leading to the exits shall during the presence of the public, be kept clear of obstructions.

Section 262. Prohibition of construction of wells, tanks, etc., without the commissioner's permission

Control over waters, etc.

262. Prohibition of construction of wells, tanks, etc., without the commissioner's permission.- (1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the commissioner.

(2) The commissioner may grant permission, with or without conditions, or may refuse it.

(3) ???

(a) ???

(b) ???

Section 263. Power to stop dangerous quarrying

263. Power to stop dangerous quarrying.- ???

Section 264. Power to order filling in of pools, etc., which are a nuisance and regulation of agriculture within city

264. Power to order filling in of pools, etc., which are a nuisance and regulation of agriculture within city.- (1) ???

(a) ???

(b) ???

(2) ??? be permanently filled up, coveted over, or otherwise dealt with, may cause such well to be securely covered over so as to pi event the ingress of mosquitoes and in every such case the commissioner shall determine, with the approval of the ¹[standing committee]; whether the expenses of any work already done as aforesaid shall be paid by the owner or by the commissioner out of the municipal fund or shall be shared and, if so, in what proportions.

(3) On the report of the health officer that the cultivation of any specified crop, or the use of any specified manure, or the irrigation of land in any place within the limits of the city is injurious to the public health, the council may, with the previous sanction of the ²[State Government], by public notice regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:

Provided that when such cultivation or irrigation has been practised during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested for any damage caused to them by such prohibition.

Section 265. Power to order cleansing of insanitary private water-course, spring, tank, well, etc., used for drinking

265. Power to order cleansing of insanitary private water-course, spring, tank, well, etc., used for drinking.- ³[(1) The commissioner may by notice require the owner of or person having control over any private water-course, spring, tank, well, or other place the water of which is used for drinking, bathing or washing clothes to keep the same in good repair, to cleanse in such manner as the commissioner may direct and to protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice.]

(2) If the water of any private tank, well, or other place which is used for drinking, ¹[bathing or washing clothes, as the case may be] is proved to the satisfaction of the commissioner to be unfit for that purpose, the commissioner may by notice require the owner or person having control thereof to-

(a) refrain from using or permitting the use of such water, or

(b) close or fill up such place or enclose it with a substantial wall or fence.

Section 266. Duty of commissioner in respect of public well or receptacle of stagnant water

266. Duty of commissioner in respect of public well or receptacle of stagnant water.- If it appears to the commissioner that any public well or receptacle of stagnant water is likely to be injurious to health or offensive to the neighbourhood, he shall cause the same to be cleansed, drained, or filled up.

Section 267. Prohibition against or regulation of washing animals or clothes or fishing in river or estuary

267. Prohibition against or regulation of washing animals or clothes or fishing in river or estuary.- The commissioner may regulate or prohibit the washing of animals, clothes or other things or fishing in any river or estuary within the city it the interests of the public health.

Section 268. Prohibition against contaminating water-supply

268. Prohibition against contaminating water-supply.- It shall not be lawful for any person to-

(a) bathe in any tank, reservoir, conduit, fountain, well or other place set apart by the corporation or by the owner thereof, for drinking purposes;

(b) wash or cause any animal or thing to be washed in any such place;

(c) throw, put or cause to enter into the water in any such place, any animal, or thing whereby the, water may be fouled or corrupted; or

(d) cause or suffer to drain into or upon any such place, or cause or suffer anything to be brought thereinto or do anything, whereby the water may be fouled or corrupted.

Section 269. Untenanted buildings or lands

Control over abandoned lands, untrimmed hedges, etc.

269. Untenanted buildings or lands.- If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted and thereby becomes a resort of idle and disorderly persons or in the opinion of the commissioner becomes a nuisance, the commissioner may after duo inquiry by notice require the owner or person claiming to be the owner to secure; enclose, clear or cleanse the same.

Section 270. Removal of filth or noxious vegetation

270. Removal of filth or noxious vegetation.- The commissioner may by notice require the owner or occupier of any building or land ¹[which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood] to cleanse, clear or ²[otherwise put the building or land in proper state or to clear away and remove such vegetation, trees or undergrowth] within twenty-four hours or such longer period and in such manner as may be specified in the notice.

Section 270-A. Abatement of nuisance from dust, smoke, etc.

¹[270-A. Abatement of nuisance from dust, smoke, etc.- If in the opinion of the commissioner, the storage, dumping or deposit in any ??? or land of coal, charcoal, ashes, cinders, gunny bags, wool, cotton, or any material, or the sifting, breaking, cutting or burning of such coal, charcoal, ashes, cinders or material or subjecting the same to any process, causes or is likely to cause nuisance to the inhabitants in the neighbourhood of such building or land, by the emanation of dust, floating parades, smoke, unwholesome smell or noise or otherwise he may, by notice, require the owner or occupier of such building or land to take such steps as may be specified in the notice for the abatement of such nuisance.]

Section 271. Fencing of buildings or lands and pruning of hedges and trees

271. Fencing of buildings or lands and pruning of hedges and trees.- The commissioner may by notice require the owner or occupier of any building or land near a public street to-

(a) fence the same to the satisfaction of the commissioner; or

(b) trim or prune any hedges bordering on the said street so that they may not exceed such height from the level of the adjoining roadway as the commissioner may determine; or

(c) cut and trim any hedges and trees overhanging the said street and obstructing it or the view of traffic or causing it damage; or

(d) lower an enclosing wall or fence which by A reason of its height and situation obstructs the view of traffic so as to cause danger.

Section 272. Limewashing and cleansing of buildings

Control over Insanitary Buildings

272. Limewashing and cleansing of buildings.- The commissioner if it appears to him necessary for sanitary purposes so to do may by notice Require the owner or occupier of any building to limewash or otherwise cleanse the building inside and outside in the manner and within a period to be specified in the order.

Section 273. Further powers with reference to insanitary buildings

273. Further powers with reference to insanitary buildings.- (1) Whenever the commissioner considers-

(a) that any building or portion thereof is, by reason of its having no plinth or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitant's of the neighbourhood, or is for any reason likely to endanger the public health or safety, or

(b) that a block or group of buildings is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid,

he may by notice require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings, or portions of buildings to execute such works or to take such measures as he may deem necessary for the prevention of such danger.

(2) No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when, a building is demolished in pursuance of an order made hereunder, or so far demolished as to require reconstruction, in which cases the corporation shall make reasonable compensation to the owner thereof.

(3) When any building is entirely demolished, under this section and the demolition thereof adds to the value of other buildings in the immediate vicinity, the owners of such other buildings shall be bound to contribute towards the compensation payable to the owner of the first-named building ¹[in such proportion to the increased value acquired by their; respective buildings as may be determined by the commissioner].

(4) When any building is so far demolished under this section as to require reconstruction, allowance shall be made, in determining the compensation, for the benefit accruing to the premises from the improvement thereof.

Section 274. Buildings unfit for human habitation

274. Buildings unfit for human habitation.- (1) If any building, or portion thereof, intended for or used as a dwelling-place appears to the commissioner to be unfit for human habitation, he may apply to the ¹[standing committee] to prohibit the further use of such building for such purpose, and the ¹[standing committee] may, after giving the owner and occupiers thereof a reasonable opportunity of showing cause why such order should not be made, make a prohibitory order as aforesaid.

(2) When any such prohibitory order has been made, the commissioner shall communicate the purport thereof to the owner and occupiers of the building and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier shall use or suffer it to be used for human habitation until the commissioner certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction, or the ¹[standing committee] withdraws the prohibition.

(3) When such prohibitory order has remained in operation for three months the commissioner shall report the case to the ¹[standing committee] which shall thereupon consider whether the building should not be demolished. The ¹[standing committee] shall give the owner not less than thirty days' notice of the time and place at which the question will be considered and the owner shall be entitled to be heard when the question is taken into consideration.

(4) If upon such consideration the ¹[standing committee] is of opinion that the building has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit and that the continuance thereof is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood it shall record a decision to that effect, with the grounds of the decision, and the commissioner shall in pursuance of the said decision by notice require the owner to demolish the building.

(5) If the owner undertakes to execute forthwith the works necessary to render the building fit for human habitation and the commissioner considers that it can be so made fit, the commissioner may postpone the execution of the decision of the ¹[standing committee], for such time not exceeding six months, as he thinks sufficient for the purpose of giving the owner an opportunity of executing the necessary works.

Section 275. Abatement of overcrowding in dwelling-house or dwelling-place

275. Abatement of overcrowding in dwelling-house or dwelling-place.- (1) If it appears to the commissioner that any dwelling-house or other building which is used as a dwelling-place, or any room in any such dwelling-house or building, is so overcrowded as to endanger the health of the inmates thereof, he may apply, to a magistrate to abate such overcrowding; and the magistrate after such inquiry as he thinks fit to make, may, by written order, require the owner of the building or room, within a reasonable time. Not exceeding four weeks, to be laid down in the said order, to abate such overcrowding by reducing the number of lodgeis, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper.

(2) The ¹[standing committee] may declare what amount of superficial and cubic space shall be deemed for the purposes of sub-section (1) to be necessary for each occupant of a building or room.

(3) If any building or room referred to in sub-section (1) has been sublet, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purposes of this section, be deemed to be the owner of the building or room.

(4) It shall be incumbent on every tenant, lodger, or other inmate of a building or room, to vacate on being requited by the owner so to do in obedience to any requisition made under sub-section (1).

Section 276. Power of commissioner to use or sell materials of dangerous building taken down, etc.

General

276. Power of commissioner to use or sell materials of dangerous building taken down, etc.- (1) When the commissioner takes down any building or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit in virtue of his powers under this chapter or under section 380, the commissioner may sell the materials or things taken down or cut down or removed and shall in the case of sale apply the proceeds in or towards payment of the expenses incurred and pay any surplus accruing from such sale to the owner or other person entitled thereto on demand made within twelve months from the date of sale. If no such demand is made such surplus shall be forfeited to the corporation.

(2) If after reasonable inquiry it appears to the commissioner that there is no owner or occupier to whom notice can be given under any section in this chapter he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expense incurred by selling such property (not being land), or any portion thereof.

Section 277. Limitation of compensation

277. Limitation of compensation.- No person shall be entitled save as provided in sections 264 and 273 to compensation for any damages sustained by reason of any action taken by a municipal authority in pursuance of its powers, under this chapter.

Section 278. Exemption of Government from taking out licences

Chapter-XII - Licences and Fees

Chapter XII. - Licences and Fees

General Provision as to Licences

278. Exemption of Government from taking out licences.- Nothing in this chapter shall be construed as requiring the ¹[Central Government] or the ²[State Government] to take out a licence in respect of any place in the occupation or under the control of ³[such Government] or in respect of any property belonging to ⁴[the Government].

Section 279. Prohibition in respect of lodging houses

¹[279. Prohibition in respect of lodging houses.- (1) No person shall without or otherwise than in conformity with the terms of a licence granted by the commissioner in this behalf, keep any lodging house, eating-house, tea-shop, coffeehouse, cafe, restaurant, refreshment room, or any place, where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale:

²[Provided that no such licence shall be required for a lodging house as defined in the ³(Tamil Nadu) Public Health Act, 1939 (³[Tamil] Nadu Act III of 1939), if the keeper thereof has been registered under that Act].

Explanation.-"Lodging house" means a hotel, boarding house, choultry or rest-house other than a choultry or rest-house maintained by the Government or a local authority, unlicensed emigration depot or any place where casual visitors are received and provided with sleeping accommodation with or without food on payment but does not include a students' hostel under public or recognized control.

(2) The commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any by-law made under section 349 relating to such premises whether or not the licensee is prosecuted under this Act.]

Section 280. Prohibition in respect of keeping animals and birds and feeding animals

Keeping of animals ¹[and birds]

280. Prohibition in respect of keeping animals and birds and feeding animals.- No person shall-

(a) without the permission of the commissioner, or otherwise than in conformity with the terms of such permission, keep pigs in any part of the city;

(b) keep any animal ²[or bird] on his premises so as to be a nuisance or so as to be dangerous; or

(c) feed or permit to be fed on filth any animal, which is kept for dairy purposes or may be used for food.

Section 281. Destruction of stray pigs and dogs

281. Destruction of stray pigs and dogs.- If any dogs ³[or pigs] not taxed under section 116 ³[or monkeys] are found straying, the same may be summarily destroyed by any person authorized in that behalf in writing by the commissioner.

Section 282. Licences for places in which animals are kept

282. Licences for places in which animals are kept.- (1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which quadrupeds are kept or taken in for; purposes of profit, ⁴[shall apply to the commissioner for a licence not less than forty-five and not more than ninety days before the opening of such place or the commencement of the year for which the licence is sought to be renewed, as the case may be.]

(2) The commissioner may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence:

¹[Provided that this section shall not apply to any place licensed as a place of public entertainment or resort under the ²[Tamil Nadu] Places of Public Resort Act, 1888 (Tamil Nadu Act II 1888)]

(3) No person shall, without or otherwise than in conformity with a licence, use any place ³[or allow any place to be used] for any such purpose.

Section 283. General powers of control over stables, cattle-sheds and cow-houses

283. General powers of control over stables, cattle-sheds and cow-houses.- (1) All stables, cattle-sheds and cow-houses shall be under the survey and control of the commissioner as regards their site, construction, materials and dimensions.

(2) The commissioner may by notice require that any stable, cattle-shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned, or be supplied with water, or be connected with a sewer, or be demolished.

(3) Every such notice shall be addressed to the owner or person having control of the stable, cattle-shed or cow-house.

(4) The expense of executing any work in pursuance of any such notice shall be borne by the owner.

Section 284. Power to direct discontinuance of use of building as a stable, cattle-shed or cow-house

284. Power to direct discontinuance of use of building as a stable, cattle-shed or cow-house.- If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the Commissioner may by notice direct that the same shall no longer be used as a stable, cattle-shed or cow-house. Every such notice shall state the grounds on which it proceeds.

Section 285. Provision of landing places, cart-stands, etc.

¹[Landing places, cart-stands, etc.]

¹[285. Provision of landing places, cart-stands, etc.- (1) The commissioner may construct or provide public landing places, halting places, cart-stands, cattle-sheds and cow-houses and may charge and levy such fees for the use of the same as the ²[standing committee] may fix.

Explanation.- A cart-stand shall, for the purposes of this Act, include a stand for carriages including motor vehicles within the meaning of the ³[Motor Vehicles Act, 1939 (Central Act IV of 1939)] and animals.

(2) A statement of the fees fixed by the ²[standing committee] for the use of each such place, shall be put up in ⁴[English and Tamil] in a conspicuous part thereof.

(3) The commissioner may farm out the collection of such fees for any period not exceeding three years at a time, on such terms and conditions as he may think fit.]

Section 285-A. Prohibition of use of public place or sides of public street as cart-stand, etc.

¹[285-A. Prohibition of use of public place or sides of public street as cart-stand, etc.- Where the commissioner has provided a public landing place, halting place, cart-stand, cattle-shed, or cow-house, he may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the ²[standing committee] of any public place or the sides of any public street:

³(Provided that nothing contained in this section shall be deemed to authorize the commissioner to prohibit the use of any place in the city by the State Government as a stand solely for motor vehicles belonging to the Transport Department of the State Government.)]

Section 285-B. Recovery of cart-stand fees, etc.

¹[285-B. Recovery of cart-stand fees, etc.- (1) If the fee leviable under sub-section (1) of section 285 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such cart, carriage, motor vehicle, or animal as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle, or animal.

(2) All property seized under sub-section (1) shall be sent within twenty-four hours to the commissioner or to such person as he may have authorized to receive and sell such property and the commissioner shall forthwith give notice to the owner of the property seized, or if the owner is not known or is not resident within the city, to the person who was in charge of such property at the time when it was seized or if such person is not found, give public notice that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold in auction at a place to be specified in the notice.

(3) If at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connexion with the seizure, detention and proposed sale is tendered to the commissioner or other person authorized as aforesaid, the property seized shall be forthwith released.

(4) If no such tender is made, the property, or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of-

(i) the amount due on account of the fee;

(ii) such penalty not exceeding the amount of the fee as the commissioner may direct; and

(iii) the expenses incurred in connexion with the seizure, detention and sale.

(5) If, after making the payments referred to in sub-section (4) there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.]

Section 285-C. Licence for private cart-stand

¹[285-C. Licence for private cart-stand.- (1) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the commissioner a licence to do so.

(2) Applications for such licence shall be made by the owner of the place in respect of which the licence is sought ²[not less than forty-five and not more than ninety days before the opening of such place as a cart-stand or the commencement of the year] for which the licence is sought to be renewed, as the case may be.

(3) The commissioner shall, as regards private cart-stands already lawfully established and may, at his discretion, as regards new private cart-stands, grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to conservancy as he may think proper, or he may refuse to grant any such licence for any new private cart-stand. The commissioner may, at any time for breach of the conditions thereof, suspend of cancel any licence which has been granted under this section. The commissioner may also modify the conditions of the licence to take effect from a specified date.

(4) When a licence is granted, refused, suspended, cancelled, or modified under this section, the commissioner shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and ¹[Tamil], to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought of had been obtained.

(5) The commissioner may levy for every licence granted under this section a fee not exceeding six hundred rupees per annum:

Provided that no fee shall be levied in respect of a licence for a cart-stand for the use of which no charge is made.

(6) Every licence granted under this section shall expire at the end of the year for which it is granted.]

Section 286. Removal of carcasses of animals

²[Carcasses of animals]

286. Removal of carcasses of animals.- (1) The occupier of any premises in or on which any animal shall the or on which the carcass of any animal shall be found, and the person having the charge of any animal which dies in a street or in any open place, shall, within three hours after the death of such animal, or if the death occurs at night, within three hours after sunrise, either-

(a) remove the carcass of such animal to such receptacle, depot or place as may be appointed by the commissioner in that behalf, or

(b) report the death of the animal to an officer of the health department of the division of the city in which the death occurred, with a view to his causing the same to be removed.

(2) When any carcass is so removed by the health department, a fee for the removal of such amount as shall be fixed by the commission; shall be paid by the owner of the animal or, if the owner is not known, by the occupier of the premises in or upon which, or by the person in whose charge, the animal died.

Section 287. Purposes for which places within the limits of the city or within three miles thereof may not be used without licence and payment of proportionate tax to local body concerned in the latter case

Industries and Factories

¹[287. Purposes for which places within the limits of the city or within three miles thereof may not be used without licence and payment of proportionate tax to local body concerned in the latter case.- (1) No place within the limits of the city shall be used for any of the purposes mentioned in Schedule VI without a licence obtained from the commissioner and except in accordance with the conditions specified therein:

²[Provided that no such licence shall be required for the use of any place for a lodging house as defined in the ³[Tamil Nadu] Public Health Act, 1939 ³[Tamil Nadu] Act III of 1939), if the keeper thereof has been registered under that Act.]

(2) The commissioner shall, if so required by the council, publish a notification in the ⁴[Official Gazette] and in two or more local newspapers that any place at a distance within three miles of the limits of the city shall not be used for any one of more of the purposes mentioned in Schedule VI without a licence obtained from the commissioner and except in accordance with the conditions specified therein:

(a) unless the sanction of the ¹[State Government] has been obtained therefor; and

(b) until the expiry of thirty days from the date of its publication in the ²[Official Gazette].

(3) The owner or occupier of every place for the use of which for any purpose a licence is requited under sub-section (1) or sub-section. (2) shall apply to the commissioner for such licence ³[not less than forty-five and not more than ninety days] before the place is used for such purpose or within thirty days of the publication of the notification under sub-section (2) in the ²[Official Gazette], as the case may be.

(4) Every application for a licence for the use of any place for the purpose of storing or selling explosives, timber or other combustible materials shall contain a statement showing the boundaries and measurements of such place.

⁴[(5) (a) On receipt of any such application as is referred to in sub-section (3), the commissioner may subject to the provisions of clauses (b) and (c), grant the licence specifying therein such conditions as he may think fit to impose in accordance with the rules, if any, made by the State Government in this behalf, or refuse to grant the same.

(b) Before granting or refusing a licence under clause (a), the commissioner shall cause a full and complete investigation to be made the prescribed manner in respect of the application and shall have due regard to-

(i) the suitability of the place in respect of which the licence is applied for;

(ii) the possibility of any danger to life or health or property or the likelihood of any nuisance being created either by reason of the manner in which or by the conditions under which the place is proposed to be used or by the nature of such use;

(iii) the provisions of other Acts, if any, and the rules and by-laws made thereunder, regulating the use of places for the purpose for which a licence is applied for under this Act; and

(iv) such other matters as may be prescribed.

(c) If the commissioner is satisfied either on a reference made to him in this behalf or otherwise that-

(i) a licence granted under clause (a) has been obtained by misrepresentation as to an essential fact, or

(ii) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder,

then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the commissioner may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence.

(d) Subject to any rules that may be made in this behalf by the State Government, the commissioner may also vary or amend a licence granted under clause (a).]

(6) Every such licence shall expire at the end of the year for which it is granted, or at such earlier date as the commissioner may, for special reasons, specify in the licence.

(7) Applications for renewal of such licences shall be made ¹(not less than forty-five and not more than ninety days) before the commencement of the year for which the renewal is sought.

(8) Where a licence is granted under this section for the use of any place outside the limits of the city, the corporation shall pay to the municipal council or local board competent to issue a notification in respect of such place under sub-section (I) of section 249 of the ²(Tamil Nadu) District Municipalities Act, 1920 ((Tamil Nadu) Act V of 1920), or sub-section (1) of section 193 of the ²(Tamil Nadu) Local Boards Act, 1920³, as the case may be, such proportion of the fee received by the corporation for the grant or renewal of such licence as the ⁴(State Government) may, by general or special order, determine.

(9) No notification under sub-section (1) of section 249 of the ²(Tamil Nadu) District Municipalities Act, 1920 ²((Tamil Nadu) Act V of 1920), or sub-section (1) of section 193 of the if (Tamil Nadu) Local Boards Act, 1920^{3 2}((Tamil Nadu) Act V of 1920), shall, notwithstanding anything contained in those Acts, take effect in any area within three miles of the, limits of the city except with the previous sanction of the ⁴(State Government)].

Section 288. Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed

¹[288. Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed.- (1) Every person intending-

(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water-power, or other mechanical power or electric power, or

(b) to instal in any ²(place) any machinery or manufacturing plant driven by steam, water, electric or other power ³[as aforesaid, not being machinery or manufacturing plant exempted by rules,

shall before beginning such construction], establishment or installation make an application in writing to the commissioner for permission to undertake the intended work.

(2) The application shall specify the maximum number of workers proposed to be simultaneously employed at any time in the factory, workshop, workplace or premises and shall be accompanied by-

(a) a plan of the factory, workshop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the ⁴[State Government]; and

(b) such particulars as to the power, machinery, plant or premises as the council may require by by-laws made in this behalf.

(3) The commissioner shall, as soon as may be, after the receipt of the application-

(a) grant the permission applied for either absolutely or subject to such conditions as he thinks fit to impose, or

(b) refuse permission if he is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or is likely to cause a nuisance.

(4) Before granting permission under sub-section (3) the commissioner-

(a) shall, if more than nine workers are proposed to be simultaneously employed at any time in the factory, workshop, work-place or premises, obtain the approval of the inspector of factories appointed under the Factories Act, 1934¹ (Central Act XXV of 1934) having jurisdiction in the city or if there; is mure than one such inspector, of the inspector designated by the ²(State Government) in this behalf by general or special order, as regards the plan of the factory, workshop, work-place or premises with reference to-

(i) the adequacy of the provision for ventilation and light,

(ii) the sufficiency of the height and dimensions of the rooms and doors,

(iii) the suitability of the exits to be used in case of fire, and

(iv) such other matters as may be prescribed by rules made by the ²(State Government), and

(b) shall consult and have due regard to the opinion of the health officer as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application.

(5) All chimneys in connexion with any such factory, workshop or work-place or any such machinery of manufacturing plant shall be of such height and dimensions as the commissioner may determine.

(6) More than nine workers shall not be simultaneously employed at any time in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section (3) authorizes such employment or unless fresh permission authorizing such employment has been obtained from the commissioner. Before granting such fresh permission, the commissioner shall obtain the approval of the inspector of factories, referred to in clause (a) of sub-section (4), as regards the plan of the factory, workshop, work-place or premises with reference to the matters specified in that clause.

¹((7) The grant of permission under this section-

(a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed, and the like be subject to such restrictions and control as may be prescribed; and

(b) shall not be deemed to dispense with the necessity for compliance with the pro visions of sections 234 and 236 or sections 248 and 249, as the case may be.]

¹[(8) Save as otherwise specially provided in this Act, if orders on an application for permission under sub-section (1) are not received by the applicant within sixty days after the receipt of the application by the commissioner, permission shall be deemed to have been granted subject to the law, rules, by-laws, regulations and all conditions ordinarily imposed.

(9) Nothing contained in clause (a) of sub-section (4) and sub-section (6) shall apply if the approval to the factory, workshop, work-place or premises referred to therein has already been obtained under the provisions of any law relating to factories for the time being in force.]

Section 289. Commissioner may issue directions for abatement of nuisance caused by steam or other power

²[289. Commissioner may issue directions for abatement of nuisance caused by steam or other power.- (1) If, in any factory, workshop or workplace in which steam-power, water-power or other mechanical power or electric power is used, nuisance is in the opinion of the commissioner caused by the particular kind of fuel used or by the notes or vibration cheated he may issue such directions as he thinks fit for the abatement of the nuisance within a reasonable time to bu specified for the purpose.

(2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the commissioner may-

(a) prohibit the use of the particular kind of fuel; or

(b) prohibit the working of the factory, workshop or work-place altogether until such directions have been carried out or between the hours of 6 p.m. and 6 a.m. or during any particular time or times between such hours.]

Section 289-A. Power of commissioner to require owner of factory, workshop, etc., to put and maintain the factory, workshop, etc., in a cleanly state

¹[289-A. Power of commissioner to require owner of factory, workshop, etc., to put and maintain the factory, workshop, etc., in a cleanly state.- Whenever it shall appear to the commissioner that any factory, workshop, workplace or any building or place in which steam, water or other mechanical power or electric power is used, is not kept in a cleanly state or is not ventilated in such a manner as to render harmless as far as practicable any gas, vapour, dust or other impurity generated in the course of the work carried on therein which in the opinion of the commissioner is a nuisance or is so overcrowded while work is carried 011 as to be dangerous or injurious in the opinion of the commissioner to the health of the persons employed therein, or that any engine, mill-gearing, hoist or other machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb, the commissioner may by written notice require the owner of such factory, workshop, workplace or other building or place to take such order as be thinks fit for putting and maintaining the said factory, workshop, work-place or other building or place in a cleanly state or for ventilating the same or for preventing the same from being overcrowded or for preventing danger to life or limb from any engine, mill-gearing, hoist or other machinery therein.

Explanation.-Nothing in this section shall be deemed to affect any of the provisions of the Indian Boilers Act, 1923, (???) or to authorize the commissioner to issue any order relating to the fixing or fencing of any engine, mill-gearing, hoist or other machinery in any factory to which the provisions of the Factories Act, 1934², (Central Act XXV of 1934) are applicable.]

Section 289-B. Power of commissioner to require owner or occupier of factory, etc., to discontinue the use of such factory, etc.

¹[289-B. Power of commissioner to require owner or occupier of factory, etc., to discontinue the use of such factory, etc.- Whenever it shall appear to the commissioner that any factory, workshop or work-place or any building or any place in which steam, water or other mechanical or electric power is employed, is or is likely to become by reason of the employment of such power or by noise or by any gas, vapour, smoke, vibration, dust or other impurity generated in the course of the work carried on in such place or by any other cause, a nuisance or danger to the life, health or property or persons in the neighbourhood he may by written notice require the owner or occupier of such factory, workshop, work-place, building or place to discontinue the use of such factory or place for any of the purposes that may be specified in such notice.]

Section 289-C. Commissioner may enter any factory, workshop or work place

¹[289-C. Commissioner may enter any factory, workshop or work place.- (1) The Commissioner or any person authorized by him in this behalf may enter any factory, workshop or work-place-

(a) at any time between sunrise and sunset,

(b) at any time when any industry is being carried on, and

(c) at any time by day or night if he has reason to believe that any offence is being committed against section 288, 289, 289-A or 289-B.

(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of the force necessary for the purpose of effecting an entrance under this section.]

Section 289-D. Power of State Government to pass orders or give directions to commissioner

¹[289-D. Power of State Government to pass orders or give directions to commissioner.- The ²(State Government) may either generally or in any particular case make such order or give such directions as they may deem fit in respect of any action taken or omitted to be taken under section 288, 289, 289-A or 289-B.]

¹[…]

Section 290. [Omitted]

290. [Omitted]- ¹[* * *]

Section 291. Provision of places for bathing and for washing animals

Washing and bathing

291. Provision of places for bathing and for washing animals.- The council shall set apart places for use by the public for bathing purposes and for washing animals.

Section 292. Provision of public bathing-houses, wash-houses, etc.

292. Provision of public bathing-houses, wash-houses, etc.- (1) The commissioner may ??? or provide and maintain ¹[public bathing-houses], public wash-houses or places for the washing of clothes, and may ²[charge and levy such rents and fees] for the use of any such ¹[bathing house], wash-house or place as the ³[standing committee] may determine.

⁴[Such rents and fees shall be recoverable in the same manner as the property tax.]

(2) The commissioner may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.

(3) If a sufficient number of public wash-houses or places be not maintained under sub-section (1), the commissioner may without making any charge therefor appoint suitable places for the exercise by washermen of their calling.

⁵[(4) In public wash-houses, the clothes of persons suffering from intectious diseases and of persons residing in the premises occupied by the persons suffering from such diseases shall be washed separately in a separate block wherever set apart for the purpose and shall be washed by such methods as the commissioner may lay down in that behalf.]

Section 293. Prohibition against washing by washermenat unauthorized places

293. Prohibition against washing by washermenat unauthorized places.- (1) The commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their culling, cither within the city 01 outside the city within three miles of the boundary thereof, except at-

(a) public wash-houses of places maintained or provided under section 292; or

(b) such other places as he may appoint for the purpose.

(2) When any such prohibition has been made no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes, except for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within or without municipal limits other than a public wash-house or a place maintained or appointed under this Act:

Provided that this section shall apply only to clothes washed within or to be brought within the city.

Section 294. Provision of municipal slaughter-houses

Slaughter-houses

294. Provision of municipal slaughter-houses.- (1) The council shall provide a sufficient number of places for use as municipal slaughterhouses and ¹[the commissioner may charge and levy such rents and fees for their use as the ¹[standing committee] may determine. Such rents and fees shall be recoverable in the same manner as the property tax.]

(2) The commissioner may farm out the collection of such rents and fees for any perioc not exceeding three years at a time on such terms and conditions as he may think fit.

(3) Municipal slaughter-houses may be situated within or, with the sanction of the ²[State Government], without the city.

Section 295. Licence for slaughter-houses

295. Licence for slaughter-houses.- ³[(1) The owner of any place within the limits of the city or at a distance within three miles of such limits which is used as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of carcasses ⁴[shall apply to the commissioner for a licence not less than forty-five and not more than ninety days before the opening of such place as a slaughter-house or the commencement of the year for which the licence is sought to be renewed, as the case may be]:

Provided that this sub-section shall not take effect in any area outside the limits of the city except with the previous sanction of the ¹[State Government).]

(2) The commissioner may by an order, and subject to such restrictions and regulations as to supervision and inspection as he thiuks fit, grant or refuse to grant such licence.

Section 296. Slaughter of animals during festivals and ceremonies

296. Slaughter of animals during festivals and ceremonies.- The commissioner may allow any animal to be slaughtered in such places as he thinks fit on occasions of festivals and ceremonies or as a special measure.

Section 297. Slaughter of animals for sale or food

297. Slaughter of animals for sale or food.- No person shall slaughter within the city ²[except in a municipal or licensed slaughter-house] any cattle, horse, sheep, goat or pig for sale or food or skin or cut up any carcass without or otherwise than in conformity with a licence from the commissioner or dry or permit to be dried any skin in such a manner as to cause a nuisance.

Section 298. Slaughter of animals for religious ceremonies

298. Slaughter of animals for religious ceremonies.- The commissioner may authorize any person to slaughter without licence and without the payment of any fee any animal for the purpose of a religious ceremony.

Section 299. Regulation of milk trade

The Milk Trade

299. Regulation of milk trade.- (1) No person shall without or otherwise than in conformity with a licence from the commissioner-

(a) ³[carry on or be employed in] the trade or business of a dealer in or importer or seller or hawker of milk or dairy produce ⁴[within the city];

(b) use any place in the city for the sale of milk or dairy produce:

¹[Provided that no such licence shall be given to any person who is suffering from a dangerous disease:

Provided further that such licence shall be deemed to have been suspended while the person to whom it is granted is suffering from a dangerous disease]

(2) Such licence may be refused or may be granted either unconditionally or ²[on such conditions as the commissioner may deem necessary. Such conditions may relate to the construction, ventilation, conservancy, supervision and inspection of the premises whether within or without the limits of the city where the animals from which the milk-supply is derived are kept.]

Section 300. Public markets

Markets, Butchers' shops, etc.

300. Public markets.- All markets which are ³[acquired], constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets.

Section 301. Powers of municipal authorities in respect of public markets

301. Powers of municipal authorities in respect of public markets.- (1) The council may provide places for use as public markets.

⁴[(2) The commissioner may in any public market charge and levy any one or more of the following fees at such rates as the ⁵[standing committee] may determine and may place the collection of such fees under the management of such persons as may appear to him proper or may farm out such fees on such terms and subject to such conditions as he 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 or stands in such markets,

(c) fees on vehicles or pack-animals carrying, or on persons bringing, goods for sale in such markets;

(d) fees on animals brought for sale into, or sold in, such markets; and

(e) licence fees on brokers, commission agents, weighmen and measurers practising their calling in such markets.

(3) Such fees shall be recoverable in the same manner as the property tax,

(4) The council may, with the sanction of the State ¹[Government], close any public market or part thereof.]

Section 302. Commissioner's control over public markets

²[302. Commissioner's control over public markets.- (1) No person shall, without the permission of the commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.

(2) Any person who contravenes sub-section (1) or any condition of the licence or any regulation made under section 308 or any by-law made under section 349 or who commits default in payment of the fees leviable under section 301 may after three clear days' notice be summarily removed from such market by any municipal officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the commissioner may determine without prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 301 and the expenses, if any, which the corporation may incur in such removal].

Section 303. Establishment of private markets

303. Establishment of private markets.- (1) The council shall determine whether the establishment of new private markets for the sale of or for the purpose of exposing for sale animals intended for human food or any article of human food shall be permitted in the city or any specified part of the city.

¹[(2) (a) No person shall establish any new private market without or otherwise than in conformity with a licence issued by the commissioner with the sanction, of the ²(standing committee) which shall be guided in giving or refusing sanction, by the Resolutions of the council passed under sub-section (1).

(b) Applications for such licence shall be made by the owner of the place in respect of which the licence is sought ¹(not less than forty-five and not more than ninety days) before such place is opened as a market.]

Section 304. Licensing of private markets

304. Licensing of private markets.- (1) No person shall without or otherwise than in conformity with an annual licence granted by the commissioner in this behalf continue to keep open a private market. Application for the renewal of the licence shall be made ²[¹(not less than forty-five and not more than ninety days) before the commencement of the year for which licence is sought]

(2) The commissioner may by an order, ³(subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water-supply, width of paths and ways, weights and measures to be used and rents and fees to be charged in such markets) as he thinks fit-

(a) grant or refuse to grant or renew such licence, or

(b) withhold the licence until the owner or occupier executes such works as may be specified in the order:

Provided that the commissioner shall not refuse or withhold such licence for any cause other than the failure of the owner or occupier thereof to comply with some provision of this Act or some regulation made under section 308 or some by-law made under section 349, ⁴(x x x).

(3) The commissioner shall cause a notice that the market has been so licensed to be affixed in English and in ¹(Tamil) in some conspicuous place at or near the entrance to every such market.

(4) The commissioner, if, a licence has been refused or withheld as aforesaid, shall cause a notice of such refusal or withholding to be affixed in English and ²(Tamil) to some conspicuous place at or near the entrance to the premises.

Section 304-A. Period of licence

³[304-A. Period of licence.- Every licence granted under section 303 or section 304 shall expire at the end of the year for which it is granted.]

Section 304-B. Licence fee for private markets

³[304-B. Licence fee for private markets.- When a licence granted under section 304 permits the levy of any fee or fees, of the nature specified in sub-section (2) of section 301, a fee not exceeding fifteen per cent of the gross income of the owner from the market in the preceding year shall be charged and levied by the commissioner for such licence].

Section 305. Sale in unlicensed private market

305. Sale in unlicensed private market.- It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.

Section 306. Powers of commissioner in respect of private markets

306. Powers of commissioner in respect of private markets.- The commissioner may by notice require the owner, occupier or farmer of any private market for the sale of any animal or article of food, to-

(a) construct approaches, entrances, passages, gates, drains and cesspits for such market and provide it with latrines ⁴[of such description and in such position and number as the commissioner may think fit];

(b) roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the commissioner secure imperviousness and ready cleansing;

(c) ventilate ¹(and light) it properly and provide it with a supply of water;

(d) provide passages of sufficient width between the stalls ²(and make such alterations in the stalls, passages, shops, doors or other parts of the market as the commissioner may direct); and

(e) keep it in a cleanly and proper state and remove all filth and rubbish therefrom.

Section 307. Suspension or refusal of licence in default

307. Suspension or refusal of licence in default.- (1) If any person, after notice given to him in that behalf by the commissioner, fails within the period and in the manner laid down in the said notice to carry out any of the works specified in section 306 the commissioner may, ³(x x x), suspend the licence of the said person, or may refuse to grant him a licence until such works have been completed.

(2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.

Section 308. Power of commissioner to make regulations for markets, bazaars, slaughterhouses and places set apart for sacrifice of animals

308. Power of commissioner to make regulations for markets, bazaars, slaughterhouses and places set apart for sacrifice of animals.- The commissioner may, with the approval of the ⁴(standing committee), make regulations, not inconsistent with any provision of this Act, or of any by-law made under section 349,

(a) for preventing nuisances or obstruction in any market-building, market-place, bazaar or slaughter-house, or in the approaches thereto, or in any of the roads, paths or ways in any market or bazaar;

(b) fixing the days and the hours on and during which any market, bazaar or slaughter-house may be held or kept for use;

(c) for keeping every market-building, marketplace, bazaar, slaughter-house and place specified under section 296 in a cleanly and proper state, and for removing filth and rubbish, therefrom;

(d) requiring that any market-building, marketplace, bazaar, slaughter-house or place specified as aforesaid be properly ventilated and be provided with a sufficient supply of water;

(e) requiring that, in market-buildings, marketplaces and bazaars, passages be provided between the stalls of sufficient width for the convenient use of the public; and

(f) requiring that in market-buildings, marketplaces and bazaars separate areas be set apart for different classes of articles.

Section 308-A. Acquisition of rights of private persons to hold private markets

¹[308-A. Acquisition of rights of private persons to hold private markets.- (1) The council may acquire the rights of any person to hold a private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act, I of 1894), and such rights shall be deemed to be land for the purposes of that Act.

(2) On payment by the council of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold such market and to levy fees therein shall vest in the council].

Section 308-B. Duty of expelling lepers, etc., from markets and power to expel disturbers

¹[308-B. Duty of expelling lepers, etc., from markets and power to expel disturbers.- The person in charge of a market shall prevent the entry therein of and shall expel therefrom, any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchase the same handles, any articles exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.]

Section 309. Butcher's, fishmonger's and poulterer's licence

309. Butcher's, fishmonger's and poulterer's licence.- ²[(1)] No person shall without or otherwise than in conformity with a licence from the commissioner carry on the trade of a butcher, fishmonger or poulterer or use any place for the sale of ³[flesh, fish or poultry intended for human food-

(a) in any place within the limits of the city, or

(b) in any place within three miles of such limits and not included in any municipality constituted under the ⁴(Tamil Nadu) District Municipalities Act, 1920:] (⁴[Tamil Nadu] Act V of 1920).

Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in air-tight and hermetically sealed receptacles:

⁵[Provided further that no licence shall be required for any place included in a public market under the ⁴(Tamil Nadu) District Boards Act, 1920 (⁴[Tamil Nadu] XIV of 1920), the ⁴(Tamil Nadu) Village Panchayats Act, 1950 (⁴[Tamil Nadu] Act X of 1950) or the ⁴(Tamil Nadu) Panchayats Act, 1958.] (⁴[Tamil Nadu] XXXV Act of 1958).

¹[(2) The commissioner 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.

(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the commissioner may, for special reasons, specify in the licence.]

Section 310. Power to prohibit or regulate sale of animals, birds or articles in public streets

310. Power to prohibit or regulate sale of animals, birds or articles in public streets.- The commissioner may, with the sanction of the ²[standing committee], prohibit by public notice or licence or regulate the sale or exposure for sale, of any ³[animal, bird or article] in or on any public street or part thereof.

Section 310-A. Decision of disputes as to whether places are markets

⁴[310-A. Decision of disputes as to whether places are markets.- If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of live-stock or poultry, of cotton, groundnut or other industrial crops or of any other raw or manufactured products, is a market or not, the commissioner shall make a reference to the ¹[State Government] and the decision of the ¹[State Government] on the question shall be final.]

Section 311. Duty of commissioner to inspect

Inspection of places for sale, etc.

311. Duty of commissioner to inspect.- It shall be the duty of the commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter, oil and any other articles exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale.

Section 312. Powers of commissioner for purposes of inspection

312. Powers of commissioner for purposes of inspection.- (1) The commissioner of any person authorized by him in writing for the purpose may without notice enter any slaughter-house or any place where animals, poultry or fish intended for food are exposed for sale or where articles of food are being manufactured or exposed for sale, at any time by day or night, when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any utensil or vessel used for manufacturing, preparing of containing any such article.

(2) If the commissioner 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 exposed for sale, or sold without, 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 purpose of satisfying himself whether any provision of law, by-laws, or regulations or any condition of a licence is being contravened.

(3) No claim shall lie against the commissioner or any person acting under his authority or the corporation for any damage or inconvenience caused by the exercise of powers under this section or by the use of any force necessary for effecting any 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 of 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.

Section 313. Preventing inspection by commissioner

313. Preventing inspection by commissioner.- No person shall in any manner whatsoever obstruct the commissioner or pet son duly authorized by him in the exercise of his powers under the last preceding section.

Section 314. Power of commissioner to seize diseased animal, noxious food, etc.

¹[314. Power of commissioner to seize diseased animal, noxious food, etc.- If it appears to the commissioner or a person duly authorized by him-

(a) that any animal, poultry or fish intended for food is diseased, or

(b) that any article of food is noxious, or

(c) that any utensil or vessel used in manufacturing, preparing or containing any article of food is of such kind or in such state as to render the articles noxious,

he may seize or carry away or secure such animal, poultry, fish, article, utensil or vessel in order that the same may be dealt with as hereinafter provided.

Explanation.-Meat subjected to the process of Wowing shall be deemed to be noxious.]

Section 315. Removing or interfering with articles seized

315. Removing or interfering with articles seized.- No person shall remove or in any way interfere with anything secured under the last preceding section.

Section 316. Power to destroy article seized

316. Power to destroy article seized.- (1) When any animal, poultry, fish or other article of food ¹[or any utensil or vessel] is seized under section 314, it may, with the consent of the owner or person in whose possession it was found, be forthwith destroyed, ²[……..] and if the article is perishable, without such consent.