Tamil Nadu Municipal Laws (Second Amendment) Act, 2003*
| [Tamil Nadu Act No. 33 of 2003] | [14th November, 2003] |
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-fourth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 14th November, 2003 and published in the Tamil Nadu Government Gazette, Extraordinary.
PART-I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment) Act, 2003.
(2) It shall be deemed to have come into force on the 19th July, 2003.
PART-II
AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919
2. Insertion of new section 255-A.- After section 255 of the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the following section shall be inserted, namely:-
"255-A. Provision of Rain Water Harvesting Structure.-(1) In every building owned or occupied by the Government or a statutory body or company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner and within such time as may be prescribed.
(2) Subject to the provisions of sub-section (1), every owner or occupier of a building shall provide rain water harvesting structure in the building in such manner and within such period as may be prescribed.
Explanation.-Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.
(3) Where the rain water harvesting structure is not provided as required under sub-section (2), the Commissioner or arty person authorised by him in this behalf may, after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such, building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax.
(4) Notwithstanding any action taken under sub-section (3), where the owner or occupier of the building fails to provide the rain Water harvesting structure in the building before the date as may be prescribed, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided".
PART-III
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920
3. Insertion of new section 215-A.- After section 215 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act of 1920), the following section shall be inserted, namely:-
"215-A. Provision of Rain Water Harvesting Structure.-(1) In every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner and within such time as may be prescribed.
(2) Subject to the provisions of sub-section (1), every owner or occupier of a building shall provide rainwater harvesting structure in the building in such manner and within such period as may be prescribed.
Explanation.-Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.
(3) Where the rain water harvesting structure is not provided as required under sub-section (2), the Executive Authority or any person authorised by him in this behalf may, after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax.
(4) Notwithstanding any action taken under sub-section (3), where the owner or occupier of the building fails to provide the rain water harvesting structure in the building before the date as may be prescribed, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided".
PART-IV
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971
4. Insertion of new section 295-A.- After section 295 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the following section shall be inserted, namely:-
"295-A. Provision of Rain Water harvesting Structure.-(1) In every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner and within such time as may be prescribed.
(2) Subject to the provisions of sub-section (1), every owner or occupier of a building shall provide rain water harvesting structure in the building in such manner and within such period as may be prescribed.
Explanation.- Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.
(3) Where the rain water harvesting structure is not provided as required under sub-section (2), the Commissioner or any person authorised by him in this behalf may, after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax.
(4) Notwithstanding any action taken under sub-section (3), where the owner or occupier of the building fails to provide the rain water harvesting structure in the building before the date as may be prescribed, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided".
PART-V
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
5. Insertion of new section 295-A.- After section 295 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the following section shall be inserted, namely:-
"295-A Provision of Rain Water harvesting Structure.-(1) in every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner and within such time as may be prescribed.
(2) Subject to the provisions of sub-section (1), every owner or occupier of a building shall provide rain water harvesting structure in the building in such manner and within such period as may be prescribed.
Explanation.-Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.
(3) Where the rain water harvesting structure is not provided as required under sub-section (2), the Commissioner or any person authorised by him in this behalf may, after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax.
(4) Notwithstanding any action taken under sub-section (3), where the owner or occupier of the building fails to provide the rain water harvesting structure in the building before the date as may be prescribed, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided.
6. Repeal and saving.- (1) The Tamil Nadu Municipal Laws (Second Amendment) Ordinance, 2003 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act ??? of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), as amended by the said Ordinance, shall be deemed to have been taken or done under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act ??? of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), as amended by this Act".