[1(Tamil Nadu) Tuberculosis Sanatoria (Regulation of Buildings) Act, 1947]*
| 1[Tamil Nadu Act No. 16 of 1947]2 | [11th November, 1947] |
An Act to provide for the control of the construction of buildings in the neighborhood of tuberculosis sanatoria in the 3[State of Tamil Nadu], and for the exclusion, modification or restriction of enactments relating to public health from or in such neighborhood.
Whereas it is expedient to provide for the control of the construction of buildings in the neighborhood of tuberculosis sanatoria in the 3[State of Tamil Nadu], and for the exclusion, modification or restriction of enactments relating to public health from or in such neighborhood; It is hereby enacted as follows:-
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 2nd September, 1947, Part IV-A, page 144.
This Act was extended to the Kanyakumari district and the taluk of the Tirunelveli district by section 3 of, and the Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of 1957) repealing the corresponding law in force in that territory.
3 This expression was substituted for the expression "Province of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.
* Received the assent of the Governor on the 3rd November, 1947; first published in the Fort St. George Gazette on the 11th November, 1947
1. Short title, extent, application and commencement.- (1) This Act may be called the 1[Tamil Nadu] Tuberculosis Sanatoria (Regulation of Buildings) Act, 1947.
(2) It extends to the whole of the 4[State of Tamil Nadu].
(3)(a) It shall come into force at once in respect the tuberculosis sanatoria at 1[] Tambaram and Perundurai; and in each case, this Act shall apply to the area specified in the notification issued under the Act by which the sanatorium was governed immediately before the commencement of this Act.
(b) The 2[State] Government may, by notification, apply this Act to any other tuberculosis sanatorium with effect from such date and in respect of such area as may be specified in the notification.
(c) The 2[State] Government may, by notification, from time to time, after any area referred to in clause (a) or specified under clause (b), in such manner as they think fit.
(d) No place which is not situated within two miles from any portion of the boundary of a sanatorium shall be included in any notification issued in respect thereof under clause (b) or clause (c).
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
4 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) order, 1969.
1 The word "Madanapalle" was omitted by clause 3 of, and the Schedule to, the Madras Adaptation of Laws (Order, 1954).
2 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-
(1) ‘building’ includes-
(a) a house, outhouse, stable, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other such structure, whether wholly or partially constructed of masonry, bricks, wood, mud, metal or any other material whatsoever;
(b) a structure on wheels or simply resting on the ground without any foundation;
(c) a tent, van and any other structure used for human habitation;
(2) ‘notification’ means a notification in the Fort St. George Gazette;
(3) a person shall be deemed "to re-erect a building" if he-
(a) makes any material alteration to, or enlargement of, a building or
(b) converts into a dwelling place any building not originally constructed for that purpose, or
(c) converts into two or more dwelling places a building originally constructed as a single dwelling place, or
(d) converts two or more dwelling places into a larger number of such places, or
(e) converts 1[into a factory or workshop or] into a stable, cattle-shed or cow-house any building originally constructed as a dwelling place, or
(f) makes any alteration which is likely to affect prejudicially the stability or safety of a building, or the condition of a building in respect of its drainage, salutation or hygiene, or,
(g) makes any alteration to a building which increases or diminishes its height or the area covered by it or the cubic capacity thereof, or which reduces the cubic capacity of any room therein;
(4) "sanatorium" means any tuberculosis sanatorium to which this Act applies;
(5) "sanatorium area" means in the case of any sanatorium, the area to which this Act applies in respect of the sanatorium by virtue of section 1, sub-section (3);
(6) "Sanatorium Local Authority" means, in the case of any sanatorium or sanatorium area, the Sanatorium Local Authority constituted for the sanatorium or having jurisdiction wider this Act over the sanatorium area, as the case may be.
1 These words ware inserted by section 2 of the Madras Tuberculosis Sanatoria (Regulation of Buildings) Amendment Act, 1949 (Madras Act XLI of 1949).
3. Constitution of Sanatorium Local Authority.- (1) For every sanatorium, the 1[State] Government shall, by notification, constitute a Sanatorium Local Authority for the purpose of controlling the construction of buildings in the sanatorium area.
(2) The notification aforesaid shall specify
(i) the date from which it shall take effect;
(ii) the name of the Sanatorium Local Authority;
(iii) the persons who shall be its members;
and
(iv) the term of office of its members other than the ex-officio members, if any.
(3) The 1[State] Government shall appoint one of the members of the Sanatorium Local Authority to be its Chairman and another member to be its Secretary.
1 The word was substituted for the word "Provincial" by the Adaptation Order of 1950.
4. Application of 2[Tamil Nadu] Public Health Act, 1939 and certain other Acts.- 2[State] Government may, by notification, direct that the provisions of the 2[Tamil Nadu] Local Boards Act, 19203, the 2[Tamil Nadu] Public Health Act, 1939, (2[Tamil Nadu] Act XIV of 1920 2[Tamil Nadu] Act in of 1939.) or any other enactment for the time being in force in the 4[State of Tamil Nadu] and relating to public health, shall not apply to the sanatorium area or shall apply thereto only to such extent and subject to such modifications and restrictions as may be specified in the notification.
(2) In particular, the notification may authorize the Sanatorium Local Authority or its Chairman or Secretary to perform any duty or exercise any power assigned to a panchayat or its president or to any other authority or officer under the provisions so applied, subject to such control as may be specified in the notification.
2 These words weie substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
3 Now the Tamil Nadu District Boards Act, 1920 Tamil Nadu Act XIV of 1920).
4 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Law Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
5. Prohibition of section or re-erection of buildings without sanction of Sanatorium Local Authority.- No person shall, except with the previous sanction of the Sanatorium Local Authority, erect or re-erect a building on any land in the sanatorium area, not being land situated within the boundary of the sanatorium.
6. Application for such sanction.- (1) Application for such sanction shall be made in writing, and shall-
(a) specify the purpose for which it is intended to use the building;
(b) furnish such information and be accompanied by such plans as may be required by rules made under this Act.
(2) The applicant shall also furnish to the Sanatorium Local Authority any further information or plans which it may require, within such time as may be fixed by it.
7. Refusal grant of sanction.- (1) The Sanatorium Local Authority may refuse to sanction the erection or re-erection of a building, or may sanction such erection or re-erection either unconditionally or subject to such conditions as it thinks fit to impose in respect of all or any of the following matters namely:-
(a) the free passage or way to be left in front of the building;
(b) the open space to be left about the building to secure free circulation of air and the prevention of fire and to facilitate scavenging;
(c) the ventilation of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the building may consist;
(d) the provision and position of drains, latrines, urinals, and cess-pools or other receptacles for rubbish or filth;
(e) the level and width of the foundation, the level of the lowest floor, and the stability of the structure;
(f) the line of frontage, with neighboring buildings if the building abuts on a street;
(g) the means of egress from the building in case of fire.
(h) the materials to be used for, and the method of construction of, external and partition walls, rooms, floors, fire-places and chimneys;
(i) the height and slope of the roof above the uppermost floor on which human beings are to live or cooking is to be done;
(j) any other matter affecting the ventilation and sanitation of the buildings.
(2) Any conditions imposed under sub-section (1) shall be in writing and the person erecting or re-erecting the building shall comply therewith in every particular.
1[(3) Every sanction given under sub-section (1) shall specify the purpose for which the building is to be used.];
1 This sub-section was added by section 3 of the Madras Tuberculosis Sanatoria (Regulation of Buildings) Amendment Act, 1949 (Madras Act XLI of 1949).
8. Lapse of sanction.- Every sanction given for the erection or reelection of a building shall be available for a period of one year from the date on which it is given, and if the sanctioned erection or re-erection is not commenced within that period, it shall not be commenced thereafter, unless the Sanatorium Local Authority on application made therefor has extended the period.
9. Punishment for illegal erection or re-erection.- 1[(1)] Whoever begins, continues or completes the erection or re-erection of a building-
(a) before such erection or re-erection has been sanctioned by the Sanatorium Local Authority, or
(b) without complying with any condition imposed under section 7, or
(c) when sanction has been refused by the Sanatorium Local Authority, or after the sanction has ceased to be available by virtue of the provision contained in section 8
shall be punished with fine which may extend to five hundred rupees.
1[(2) Whoever uses a building for a purpose other than that specified in the sanction given for its erection or re-erection, whether such sanction was given before or after the commencement of the Madras Tuberculosis Sanatoria (Regulation of Buildings) Amendment Act, 1949, shall be punishable with fine which may extend to five hundred rupees.
Explanation.- Where in a sanction given before the commencement of the Amendment Act aforesaid, the purpose for which the building is to be used has not been specified, the purpose specified in the application for sanction as that for which it was intended to use the building shall be deemed to be the purpose specified in the sanction].
1[(3) Whoever after having been convicted of an offence under sub-section (1) or sub-section (2), continues to commit such offence, shall be punishable with fine which may extend to one hundred rupees for each 1 day after the previous date of conviction during which he continues so to offend].
1 Section 9 was renumbered as sub-section (1) and sub-sections (2) and (3) were added by section 4 of the Madras Tuberculosis Sanatoria (Regulation of Buildings) Amendment Act, 1949 (Madras Act XLI of 1949).
1 Section 9 was renumbered as sub-section (1) and sub-sections (2) and (3) were added by section 4 of the Madras Tuberculosis Sanatoria (Regulation of Buildings) Amendment Act, 1949 (Madras Act XLI of 1949).
10. Power to stop erection or re-erection or to order demolition, etc.- (1) The Sanatorium Local Authority may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the sanatorium area
(a) to stop the erection or re-erection of any building, or
(b) to alter or demolish, within such time as may be specified in the notice, any building or any part thereof, if, in the opinion of such authority, the erection or re-erection of such building i: part constituted, or will constitute, an offeree under section 9.
(2) If any direction given under clause (b) of sub-section (1) is not complied with, within the time specified therefor in the notice, the Sanatorium Local Authority may have such direction carried into effect at its cost and have the amount thereof recovered from the defaulter in such manner as may be authorized by the rules.
11. Appeals and revision.- (1) Any person aggrieved by any order passed under this Act by the Sanatorium Local Authority may appeal to the District Collector who shall pass such orders thereon as he thinks fit.
(2) The 2[State] Government may, in their discretion, at any time, either suo motu or on application, call for and examine the record of any order passed under this Act by the Sanatorium Local Authority or the District Collector for the purpose of satisfying themselves as to the legality or propriety of such order, and may pass such order in reference thereto as they think fit.
2 This word was substituted foe tbs world "Provincial" by the Adaptation Order of 1950.
12. 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 of the Sanatorium Local Authority to sanction the erection or re-erection of any building, or
(b) any condition imposed by such authority in regard to such erection or re-erection under section 7, or of any order passed by it under section 10, or
(c) any order passed by the District Collector or the 1[State] Government under section 11.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
13. Power to make rules.- (1) The 1[State] Government may, by notification, make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the rules of business of the Sanatorium Local Authority;
(b) the manner in which applications for sanction to erect or re-erect buildings shall be made to the Sanatorium Local Authority and the information and plans to be furnished either along with such applications or subsequently;
(c) the type or description of building which may or may not, and the purpose for which a building may or may not, be erected or re-erected in any specified area or areas;
(d) the minimum cubic capacity of any room or rooms in a building which is to be erected or reelected;
(e) the circumstances in which a mosque, temple, church or other sacred building may be erected or re-erected;
(f) the manner in which the cost referred to in section 10, sub-section (2), may be recovered;
(g) the form in which and the time within which appeals under section 11 may be preferred;
(h) the fees which may be charged in respect of any application made, appeal preferred, or proceeding taken, under this Act.
1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
14. [Repealed]- 1[* * *]
1 Section 14 was repealed by section 2 of, and the First Schedule to, the Tamil Nadu Repealing and Amending Act, 1952 (Tamil Nadu Act XI of 1952).