Tamil Nadu District Municipalities (Amendment) Act, 1992*
| [Tamil Nadu Act No. 58 of 1992] | [5th December, 1992] |
An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
Whereas it is considered necessary that urgent steps should be taken to preserve the scenic beauty and environment of hill stations in the State of Tamil Nadu by preventing unplanned and mushroom growth of buildings;
And Whereas it has become necessary to improve the architectural planning of the buildings and structures in the hill stations so as to harmonize them with the environment and ecosystem of such hill stations;
And Whereas it has become necessary to control and regulate the construction and reconstruction of buildings in the hill stations more effectively;
And Whereas it is considered that such construction and reconstruction of buildings in the hill stations can be effectively regulated by the State Government;
And Whereas to achieve the above objects it has been decided that, licence for construction or reconstruction of building and the use of the land, etc., in the Kill stations shall hereafter be granted only by the State Government;
And Whereas it is considered necessary to make suitable provisions in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), for the regulation of the construction or reconstruction of buildings and the use of lands, etc., in the hill stations and for other matters connected therewith or incidental thereof;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 5th December, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 703, dated December 9, 1992.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu District Municipalities (Amendment) Act, 1992.
(2) It shall come into force at once.
2. Insertion of new Chapter X-A.- In the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as the principal Act), after Chapter X the following Chapter shall be inserted, namely:-
"CHAPTER X-A
Building Regulations in Hill Stations
217-A. Application of Chapter.-This Chapter shall apply only to hill stations.
217-B. Prohibition of construction or reconstruction of buildings, etc., without licence.-(1) No person, other; than the Central or State Government or local authority, shall-
(a) construct or reconstruct a building on any land; or
(b) put to use any agricultural land to any non-agricultural purpose; or
(c) carry out any engineering, mining or other allied operations on any land,
within the area of the hill station without a licence granted by the State Government and except in accordance with the terms and conditions specified in such licence.
Explanation.-For the purpose of the provisions of this Chapter, "agriculture" includes, horticulture, fruit growing, seed growing, animal husbandry (including breeding of livestock), apiculture, pisciculture and sericulture and "agricultural" shall be construed accordingly.
(2)(a) When any department of the Central Government or State Government or any local authority proposes to carry out any construction or reconstruction of building on any land or put to use any agricultural land to non-agricultural purpose or carry out any engineering, mining or other allied operations on any land within the area of the hill station, the officer-in-charge thereof shall inform, in writing, the Committee for Architectural and Aesthetic Aspects constituted under section 217-C (hereinafter in this Chapter referred to as the Committee) the intention to do so, giving full particulars) thereof, and accompanied by such plans and documents at least three months before commencing such activities.
(b) Where the committee raised any objection to the proposed construction or reconstruction or putting to use any agricultural land to non-agricultural purpose or the carrying out any engineering mining, or other allied operations, on the ground that such proposal is not in conformity with he provisions of this Chapter or the rules made thereunder or for any other consideration, the officers of Central Government or the State Government or any local authority, as the case may be, shall,-
(i) either make necessary modifications in the proposed construction or reconstruction of building or putting to use any agricultural land to non-agricultural purpose or the carrying out any engineering, mining to other allied operations to meet the objection raised by the Committee or
(ii) submit such proposal together with the objections raised by the Committee to the State Government for approval.
(c) The State Government on receipt of such ??? with the objection of the Committee, shall in consultation with the Committee ??? approve the proposal with or with modification or direct the officer to make such modification in the proposal as they consider ??? in the ??? and the officer concerned shall be bound to make such modifications as proposed by the State Governments.
217-C. Application for licence.-(1) Every application for a licence under section 217-B shall be in such form, contain such particulars and ??? accompanied by such plains and fee as may be prescribed and shall be submitted to the executive authority.
(2) On receipt of an application under sub-section (1), the executive authority shall, within such time as may be prescribed, examine the application with reference to such building rules, as may be prescribed for the purpose of this Chapter and forward the same to the Committee.
(3)(a) For the purpose of this Chapter, the State Government may constitute a Committee called the Committee for Architectural and Aesthetic Aspects for all the hill stations in the State of Tamil Nadu, with such number of officials and non-officials and having such qualifications as may be proscribed.
(b) The term of office of the non-official members of the Committee and other matters relating to the conduct of the meeting of the said Committee including the allowances payable to the non-official members shall be such as may be prescribed.
(4) The Committee shall examine, every application received from the executive authority in all aspects and forward the same to the State Government with its remarks.
(5) The Committee shall while examining the applications under sub-section (4), shall have regard to the following matters, namely:-
(a) the application for grant of a licence complies with the provisions of this Chapter and rules made thereunder;
(b) the proposed construction or reconstruction of the building or the purpose for which the land is proposed to be used will not be detrimental to the scenic beauty and natural environment of the hill station;
(c) the proposed construction or reconstruction of a building will aesthetically and architecturally harmonize with the landscape of the hill station;
(d) the possibility of the construction or reconstruction of building, the non-agricultural purpose for which the land is to be used or the carrying out of any engineering, mining or other allied operations,-
(i) creating unfavourable conditions upon the scenic beauty and natural environment of the hill station; or
(ii) resulting in concentration of population in and around the hill station;
(e) that the proposed use of land will not lead to deforestation and soil erosion;
(f) that the proposed use of land will preserve the special characteristics of the hill station as regards landscape, vegetative cover and climate of the hill ???;
(g) the free passage or way to be left in front of the building as may be prescribed:
(h) the open space to be left about the building to secure free ??? of air and the prevention of fire and to facilitate scavenging;
(i) ??? of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the building may ???;
(j) the provision and position of drains, latrines, urinals and ??? or others receptacles for rubbish or filth;
(k) the level and width, of the foundation, the level of the lowest floor and the stability of the structure;
(l) the line of frontage, with neighboring buildings if the building abuts on a street;
(m) the means of ogress from the building in cause of fire;
(n) the materials to be used for, and the method of construction of, external and partition walla, rooms, floors, fireplaces and chimneys;
(o) the height and slope of the roof above the upper-most floor on which human beings ale to live or Cooking is to be done;
(p) any other matter affecting the ventilation and sanitation of the building; and
(q) such other matters as may be prescribed.
217-D. Grant if licence.-On receipt of an application from the Committee with its remarks, the State Government if Satisfied that the grant of a licence will not result in the deterioration of scenic beauty or detraction of the environment and ecosystem of the hill station, may, grant a licence subject to such terms and conditions as they may think fit to impose, or refuse to grant a licence:
Provided that a licence shall not be refused unless the applicant has been given an opportunity of making his representation.
217-E. Power to cancel or suspend licence.-(1) The State Government may at any time, cancel or suspend any licence granted under section 217-D if-
(a) such licence has been obtained by fraud, misrepresentation or suppression of material particulars; or
(b) the holder of the licence has contravened any of the provisions of this Act and in particular the provisions of this Chapter or any rules made thereunder or any of the terms and conditions subject to which the licence was granted.
(2) Before cancelling or suspending a licence under sub-section (1), the State Government shall give the holder of the licence, an opportunity of making his representation.
217-F. Period of licence.-Every licence granted under section 217-D shall be valid for a period of one year from the date on which it is granted and if the construction or reconstruction of a building or the user of agricultural land for non-agricultural purpose, or the engineering, mining or other allied operational for which the licence is granted, is not commenced within the said period, it shall not be commenced thereafter unless the State Government on application made therefor has extended the period of licence.
217-G. Penalties.-(1) Whoever within the area of a hill-station begins, continues or completes the construction or reconstruction of a building, of puts to use any agricultural land to non-agricultural purpose or carries out any engineering, mining or other allied operations-
(a) without a licence; or
(b) without complying with any of the terms and conditions of a licence; or
(c) when a licence has been refused; or
(d) after the expiry of the licence granted under section 217-D, shall be punishable with fine which may extend to five thousand rupees
(2) Whoever within the area of a hill station-
(a) uses building ??? or ??? for a purpose other than that specified in the licence;
(b) puts to use any agricultural land to non-agricultural purpose other than the purpose for which the use of the land was permitted under the licence,
shall be punishable with fine which, may, extend to five thousand rupees.
217-H. Penalty for subsequent offence.-Whoever, after having been convicted of an offence under this Chapter, continues to commit such offence, shall be punishable with fine which may extend to three hundred rupees for each day after the previous date of conviction during which the offence continues.
217-I. Offences by companies.-(1) If the person committing an offence under this Chapter is a company every person who at the time the offence was Committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Chapter, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Chapter has been committed by a, company and it is proved that the offence has been committed, with the consent or connivance of, was attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purpose of this section,-
(a) "company" means any body corporate and includes a firm, society or other association of individuals; and
(b) "director" in relation to-
(i) a firm means a partner in the firm;
(ii) a society or other association of individual, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be.
217-J. Power to stop work.-(1) The State Government may, at any time by notice in writing, direct the owner, lessee or occupier of any land in a hill station-
(a) to stop the construction or reconstruction of any building on such land: or
(b) to slop the user of any building or land for any purpose; or
(c) to alter or demolish, within such time as may be specified in the notice, any building or any part thereof; or
(d) to stop the user of any agricultural land for non-agricultural purpose; or
(e) to stop the building, engineering, mining or other allied operations,
if in the opinion of the State Government the construction or reconstruction of the building or part thereof, the user of the building or land or the user of any agricultural land for non-agricultural purpose or the carrying, out of the building, engineering, mining or other allied operations is in contravention of any of the provisions of this Act and in particular, the provisions or this Chapter or the rules made thereunder or any of the terms and condition subject to which a licence is granted under this Chapter.
(2) If any direction given under, sub-section (1) is not complied with, within the time specified in the notice, the State Government may have such direction carried into effect at the coat of the local authority of the hill station concerned and the amount thereof shall be recovered from the defaulter by he said local authority as if it were an arrear of land revenue.
217-K. Review.-(1) The State Government, may, on application, review any order, decision or direction made by them including the grant or refusal of a licence, if it appears to them that any such order, decision or direction or lie terms and conditions of the licence should be modified, annulled or reversed End pass orders accordingly.
(2) No order under this section adversely affecting a person shall be made unless that person has had a reasonable opportunity of making his representation.
(3) The State Government may slay the operation of any order, decision or direction made by them including the grant of licence pending the exercise of their power under sub-section (1) in respect thereof.
(4) Every application to the State Government for the exercise of their power under this section shall be made within two months from the date on which the order, decision or direction made by the State Government including the grant of a licence to which the application relates was communicated to the applicant:
Provided that the State Government may entertain an application made after the expiration of the said period of two months if they are satisfied that the applicant had sufficient cause for not making such application in time.
217-L. Revision by High Courts.-(1) Any person aggrieved by an order of the State Government under section 217-K may within a period of sixty days from the date on which a copy of the order was communicated to him, file an application for revision of such order to the High Court:
Provided that the High Court may within a further period of thirty days entertain an application made after the said period of sixty days, if it is satisfied that the petitioner had sufficient cause for not making the application within the said period of sixty days.
(2) The application shall be in the prescribed form, shall be verified in the prescribed manner and shall be accompanied by such fee as may be prescribed.
(3) In disposing the application for revision, the High Court may confirm, cancel or vary such order:
Provided that no order prejudicial to any party shall be passed unless such party has been given an opportunity of being heard.
(4) Every order passed under this section shall be final.
217-M. Bar of compensation.-No compensation shall be claimed by any person for any damage or loss sustained by him in consequence of-
(a) the refusal to grant any licence by the State Government;
(b) any terms and conditions subject to which any such licence is granted;
(c) any direction issued under section 217-J;
(d) any order passed by the State Government under section 217-K; or
(e) the operation of any of the provisions of this Chapter or the rule value thereunder.
217-N. Civil courts not to decide questions under this Chapter. No civil court shall have jurisdiction to decide or deal with any question which is by or under this Chapter required to be decided or dealt with by the State Government.
217-O. Chapter to ??? other laws.-(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in this Act or any other law, custom, usage or contract.
(2) Save as otherwise provided in sub-section (1), the provisions of this Chapter shall, be in addition to, and not in derogation of, any other provisions of this Act.
217-P. Delegation of powers of Government under this Chapter.-(1) The State Government may by notification authorise the Collector to exercise any of the powers vested in them under any of the provisions of this Chapter in respect of a hill station.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification and subject also to control and revision by in State Government.
217-Q. Power to exempt from the provisions of this Chapter.-The State Government may, by order, exempt subject to such conditions, if any, as may he specified in the order, the Central or the State Government from all or any of the provisions of this Chapter.".
3. Disposal of pending applications.- Notwithstanding anything contained in the principal Act or the rules made thereunder, every application for grant of a licence-
(a) for the construction or reconstruction of a building;
(b) for the user of any agricultural land for non-agricultural purpose; or
(c) for carrying out any engineering, mining or other allied operations on any land
pending before the executive authority of a hill station on the date of the publication of the Tamil Nadu District Municipalities (Amendment) Act, 1992 in the Tamil Nadu Government Gazette shall be disposed of in accordance; with the provisions of the principal Act as amended by this Act.