Tamil Nadu District Municipalities (Second Amendment) Act, 1998*
| [Tamil Nadu Act No. 10 of 1998] | [26th April, 1998] |
An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-ninth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 26th April, 1998 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu District Municipalities (Second Amendment) Act, 1998.
(2) It shall be deemed to have come into force on the 29th day of December, 1997.
2. Insertion of new section 217-DD.- After section 217-D of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-
"217-DD. Grant of licence by the executive authority in certain cases.-(1) Notwithstanding anything contained in sections 217-B, 217-C, 217-D and 217-P, the executive authority shall, on receipt of an application under sub-section (1) of section 217-C, for construction or reconstruction of any residential building on any land within the area of the hill station having plinth area,-
(a) not exceeding two hundred and fifty square metres in the ground floor; or,
(b) not exceeding two hundred and fifty square metres in the ground floor and in the first floor in the aggregate; or
(c) in the case of improvement or enlargement of an existing residential building, the construction of which does not exceed two hundred and fifty square metres, the remaining area for such improvement or enlargement of such building including first floor, in the aggregate,
examine such application with reference to building rules prescribed for the purpose of this Chapter and the matters specified in sub-section (5) of section 217-C, and if he is satisfied that the grant of a licence will not result in the deterioration of scenic beauty or destruction of the environment and ecosystem of the hill station, he may grant a licence subject to such terms and conditions as he may think fit to impose, or refuse to grant a licence:
Provided that the licence shall not be refused unless the applicant has been given an opportunity of making his representation.
(2)(a) Any person aggrieved by an order of the executive authority under sub-section (1) may, within a period of sixty days from the date on which a copy of the order was communicated to him, prefer an appeal to the State Government in such form, in such manner and with such fee, as may be prescribed.
(b) On receipt of an appeal under this sub-section, the State Government shall, after giving the appellant an opportunity of being heard, pass such orders thereon as they deem fit.
(c) Every, order passed by the State Government under this sub-section shall be final.".
3. Amendment of section 217-E.- In section 217-E of the principal Act,-
(1) in sub-section (1), for the expression "The State Government may at any time, cancel or suspend any licence, granted under section 217-D if-", the expression "The State Government or the executive authority may at any time, cancel or suspend any licence granted under section 217-D or section 217-DD, as the case may be, if-" shall be substituted:
(2) in sub-section (2), for the expression "the State Government", the expression "the State Government or the executive authority, as the case may be" shall be substituted.
4. Amendment of section 217-F.- In section 217-F of the principal Act,-
(1) for the expression "section 217-D", the expression "section 217-D or section 217-DD" shall be substituted;
(2) for the expression "the State Goverment", the expression "the State Government or the executive authority, as the case may be" shall be substituted.
5. Amendment of section 217-G.- In section 217-G of the principal Act, in sub-section (1), in clause (d), for the expression "section 217-D", the expression "section 217-D or section 217-DD, as the case may be" shall be substituted.
6. Amendment of section 217-J.- In section 217-J of the principal Act, for the expression "State Government" in three places where it occurs, the expression "State Government or the executive authority, as the case may be" shall be substituted.
7. Amendment of section 217-M.- In section 217-M of the principal Act, in clause (a), for the expression "the State Government", the expression "the State Government or the executive authority" shall be substituted.
8. Amendment of section 217-N.- In section 217-N of the principal Act, for the expression "the State Government", the expression "the State Government or the executive authority" shall be substituted.
9. Repeal and saving.- (1) Thu Tamil Nadu District Municipalities (Fifth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance ??? of 1994), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.