Tamil nadu act 032 of 1999 : Tamil Nadu Panchayats (Sixth Amendment) Act, 1999

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Sixth Amendment) Act, 1999.

(2) It shall conte into force on such date as the State Government may by notification, appoint.

Section 2. Insertion of new sections 172-A and 172-B

2. Insertion of new sections 172-A and 172-B.- After section 172 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter referred to as the principal Act), the following sections shall be inserted, namely:-

"172-A Levy and collection of advertisement tax.-Every person who erects, exhibits fixes or retains upon or over any land, building, wall, hoardings or structure any advertisement, or who displays any advertisement to public view in any manner whatsoever in any place whether public or private, in the panchayat village 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 as the village panchayat may, determine in accordance with such rule as may be prescribed:

Provided that the rates shall be subject to the rates that may be prescribed by the Government and different rates may be prescribed for different village panchayats taking into consideration the location, the size of the advertisement board, the period and the types of advertisements:

Provided further 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 the Legislative Assembly; or

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

Provided also that no such tax shall be levied on 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 business of any railway administration; or

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

Explanation.-For the purpose of this action.-

(i) the expression "structure" shall include any movable board on wheels used as an advertisement or an advertisement medium;

(ii) the expression "sky-sign" means 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 sky-sign which 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 or 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 flag staff, pole vane or weather-cock unless adopted or used wholly or in part for he 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 of any wall, or to the ridge of a roof:

Provided that such board, frame or other contrivance shall be of one continuous face and not open work, and does not extend in height more than one metre 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 a railway administration and placed wholly upon or over any railway, railway yard station, platform or station approach belonging to a railway administration, and so placed that cannot fall in any street or public; or

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

(iii) the expression "public place" means 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.

(iv) the expression "advertisement" shall not include any advertisement published in any newspaper.

172-B. Prohibition of advertisements.-No advertisement shall after the levy of tax under section 172-A as determined by the Village Panchayat be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the panchayat village, or shall be displayed in any manner whatsoever in any place except in accordance with the rules made under this Act:

Provided that the Village Panchayat shall regulate the height of the advertisement in the Panchayat village and shall remove such objectionable advertisement in such manner as may be prescribed:

Provided further that the Government may, by notification, prohibit advertisements in any place within any panchayat village.".

Section 3. Amendment of section 174

3. Amendment of section 174.- In section 174 of the principal Act, for the expression "sections 171 and 172" the expression "sections 171, 172 and 172-A" shall be substituted.