Tamil Nadu Municipal Laws (Amendment) Act, 2000*
| [Tamil Nadu Act No. 26 of 2000] | [5th September, 2000] |
An Act further to amend the Laws relating to the Municipal Corporations and Municipalities in the State of Tamil Nadu.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-first Year of the Republic of India as follows:-
* Received the assent of the Governor on the 5th September, 2000 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 629, dated September 9, 2000.
PART-I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 2000.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART-II
AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919
2. Insertion of new section 326-J.- After section 326-I of the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the following section shall be inserted, namely.-
"326-J. Prohibition of erection of certain hoardings.-Notwithstanding anything contained in this ct or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-
(a)(i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:
Provided that such time shall not exceed fifteen days from the date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b)(i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section 326-C and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice".
PART-III
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920
3. Insertion of new section 285-J.- After section 285-l of the Tamil Nadu District Municipalities Act, 1920, the following section shall be inserted, namely:-
"285-J. Prohibition of erection of certain hoardings.- Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-
(a)(i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the executive authority shall, by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:
Provided that such time shall not exceed fifteen days from the date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the executive authority shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b)(i) where the executive authority is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section 285-C and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of suh-clause (i), it shall be confiscated and removed by the executive authority without any notice".
PART-IV
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971
4. Insertion of new section 410-J.- After section 410-l of the Madurai City Municipal Corporation Act, 1971, (Tamil Nadu Act 15 of 1971) the following section shall be inserted, namely:-
"410-J. Prohibition of erection of certain hoardings.- Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-
(a)(i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:
Provided that such time shall not exceed fifteen days from the date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b)(i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section 410-C and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice".
PART-V
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
5. Insertion of new section 410-J.- After section 410-l of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the following section shall be inserted, namely:-
"410-J. Prohibition of erection of certain hoardings.- Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-
(a)(i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:
Provided that such time shall not exceed fifteen days from the date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b)(i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section 410-C and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice".
PART-VI
AMENDMENT TO THE TAMIL NADU URBAN LOCAL BODIES ACT, 1998
6. Insertion of new section 131-A.- After section 131 of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999), the following section shall be inserted, namely:-
"131-A. Prohibition of erection of certain hoardings.- Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-
(a)(i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:
Provided that such time shall not exceed fifteen days from the date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b)(i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section 131 and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice.
Explanation.- For the purpose of this section, "hoarding" shall have the same meaning as in the Explanation under sub-section (9) of section 131".