DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1959
Act 26 of 1959
Keyword(s):
Park, Open Space, Play-field
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394 Parks, Play-fields and Open Spaces [I959 : T.N. Act 26 (Preservation and Reg~rlal ion)
lfTAMIL NADU] ACT No. 26 OF 1959."
The l[TAMIL NADU] PARKS, PLAY-FIELDS AND OPEN SP.4CES (PRESERVATION AND REGULA-
TION) ACT, 1959.
[Received the assent of the Govenlor on the 19th Fcb~auary
1959 ; first published in the Fort St. George Gazette on the :!nd March 19591.
An Act to provide for the preservation and regulation of parks, play-fields and open spaces in the 3[State of Tamil Nadw.]
WHEREAS it is expedient to provide for the prcscrvation
and regulation of parks, play-fields and open sp::ces in the 3[S'iate of Tamil Nadu] ;
BE it enacted in the Tenth Year of the Republic of llzdia as follows :-
Short 1 i!le, 1. (1) This Act may be called the l[Tarnil Nadu] extent 2nd Parks, Play-fields and Open Spaces (Preservation and comnlelzcP,' Regulation) Act, 1959.
1n.:nt.
(2) It extends to the whole of the 3[State of Tamil Nadu].
(3) It shall come into force at once-
(i) in the City of Madras ; and [ii) in every munici;xility in the State.
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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 I a For Statement of Objects and Reasons, see Fort St. George
I Gazette Extraordinary, dated the 20th ~eptembzr 1958, Past IV-A, I i
1 / page 452.
j i This Act was extended to the added territories by scction 3 c j f , and the First Schedule LO, the Tamil Nadu (Added Terri- ! I tories) Extension of Laws Act, 1.5 63 (Tarnil Nadu Act 8 Of 1964)
1 / repealing the corresponding law ip forc2 in those territoiiss.,
1 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,
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L 1 . .,
-?%&aL
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1959 : T.N. Act 261 PG;*;;s> Playlji~ld~ iii.. ! Oj,~.it s/~~;~ccs 393 v (Pi'' xc~:vjtion a:?:/ c;/ ,!! ioir.) b
(4) The Sover:iment., may, from tiiile to time, b) notification, cxtz:iti thc ,~;ilvisions of l!iic Aii i h r ~ srck (late as may bc spl:cilieti i : ~ the notificllioi~ to :!~y other Iocal area in thc Si:ric, I may canccl or :j!o!liATy m y suck notification.
2. In this Ac!. uidess iilc context oliiciti,Y.:e reyllires- - - Dcfinjtio~s
(a) "exec~~live authority" me%:; if.,(-: Con~lnis- sioaer, Chairman, Pi-esidcnt, execulive (.,S::e:. o~ other functionary of lhc local au411ority conccind :.di!o is ~es t ed with geaeral c:~~cu:ivc Ixwess under 2,::. oi' Ihc Actc !Iienl-ioriecl, in ;t;: F ~ c d . !
''4 (cj b 6 c ~ C I I S;L!{;(; n:crzi~s I ! ~ L I L V ~ a ~ ; t l i ~ r eilcloscd or not, i:i;loriglng to thc Govomrr l r or :my local nclihority ,oil ~ ~ ' i i c h thc i .~ are no buii J::zz! 4 : r o f ~vh ic l~ not inore thnii ow-twcnticill p::rt is ccbv-rcd w ~ t h k~vil~iing~, ~ t u d hhc w h o l ~ or t31c rcnlsinder of which is used for purposes o l recreatioil, air or light ;
(d) '"park " means a piece of Irmd 011 which there are no buildings or of which not 1:lorc ~ I I L L I ~ one-
twentieth part js covered w i ~ h buildings, and the whole or the remaincier of whicl~ is laid out as a garden with trees, plants or flower-beds or as a lawn or as a n~eadow
and maintained as a place For the resort or the public for rccreation, air or liglit ;
- (e) " play-fisld " means a piece of land adapted for the purposes of play, game or sport and ~ s e d by schools or colleges or clubs.
3. (1) The execa;ii.:c nuthority of evcry local aihol-ity Prcparclticnand
. shall, not later than six months froin llLe dzle on which submissicn c f
list cf parks, this Act comes into i'orcc i : ~ the area wiiltill i hz jui.;:iiiction plny-fields a,;d
of the local authority. prcpare and s u b ~ i f b;r i1:r: :!n;?:nvr;l q e ! ~ s y s ~ c s b~
of the Govenlavnt a cosxcr and coinpl~fc l isi ~:~123: p!ms cxtcutive
and inaps of all rhr pnrlts, play-fields an6 o;:~ finces a~sholities.6~1itic@j in the area ah:-ctl:;id ~
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996 P~rka, Phy-fields and Open spaces [1959: T.N. Act 36 ( P f e s e f i ~ ~ r f on and Re gu la^ ian)
(2) The Government shall, as soon as may be, after , the receipt of the list and other documents referred to In
sub-section (I), publish the list in the prescribed manner and such publication shall state at what place and time the maps, plans and documents aforesaid will be available to ths public for inspection.
Approval cf list 4. (1) Any person interested, may submit his objections
by Oovemment. or suggf stions in writing in respect of anything contained in, or relating to, the list, to the Government, within three months from the date of the publication under sub-section
(2) of section 3.
I
(2) The Government may, after considering the objections and .suggestions, if any, and making such inquiry as they think fit approve the list with or without modifications.
(3) The approval of the Government to a list under sub-section (2) shall be published in the prescribed manner snd such publication shall contain the list and shall also state at what place and time particulars relating to the matters mentioned in the list will be available to the public for inspection.
Vurir~iun or 5. (1) The ~ovemment may at any time either suo motu or at the instance of' the local authority cona.mcd list. or of any person interested, vary or revoke a list publinhed under section 4.
(2) Before making any such variation or revocat.ion,
the Govern~uent shall publish in the prescribed manner a draft of such v.ariation or revocation together with a notice specifying a date on or after which such draft will be taken in10 consideration, and shall consider any objection or suggestiorl which may be received in respect of such tiran
from the local authority or any person interested before the date so specified.
(3) (a) The Government shall once in every five y e m review the approved lists of parks, play-fields and open
spacps and shall cause revised lists to be prepared.
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1959 : T. N. Act 26'j Parks, Play-fielh artd Opm Spaces 397 (Piescvation nnd Regulation)
(6) Whenever such a general revisiou of approved lists has been comp1:ted. the Government shall publish
1 ,
in the prescribed manner the revlsed lists and such publica-
t d$
tiou shall state that objections and suggestions will be
1
considered if thcy rewh the Government within a period
3
of one month from the dzte of such publication.
Y
(4) The Govern nent shall, after considering the objections and suggestions, if any, received within the
period referred to in sub-section (3) publish the revised lists in the prescribed manner and the revision shall take
eff i c t on such publication.
6. No park, play-iield or open space specified in the ProLibitioa
list published under section 4 or 5 shall, except with the Ugc 01 parks, play- previous sanction of the Government, be used for any fields
purpose other thm the purpose or purposes for which it o p u spaer
was used on the date of the coming into force of this Act in certain
under sub-section (3) of section 1 or an the data with effect Case'
from which this Act is extended to the local area concerneci under sub-section (4) of section 1, as the case may be. '7. The local authority shall maintain in a clean and Mainre-
proper condition all parks, play-fields and cpen spaces nar ce of parks, play- belonging to or vested in it and included in the list published fields and
under section 4 or 5. open spaces.
8. No person shall, except with the previous sanction Prohibition of constrbc- of the Government, construct my building or put up ,ion of bull-
any structure likely to affect the utility of the park, play- dinp, OIc,, r , field or open space or make any encroachment in or over
1 ;my park, play-field or ope11 space specified in the list 4 published under section 4 or 5.
Obligation 9. (1) In the case of parks and play-fields not vested of c : in the local authority but included in the list published pal ks, play.
under section 4 or 5, the executive authority may, by feJda etc.
notice, require the owner or the person or authority in
occupation of such park or play-field-
(i) to maintain such park or play-field in a clem and proper condition, or
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398 Parks, Play-f;eIds and Openspaces. [1959: T. N. Act 26 (Preservation dnd Regulation.)
I (ii) to remove or alter any projection, encroach- ment or obstruction in or over any such park or play-field or to execute such repairs to any building in such park or play-field as the executive authority may consider
I
I
I necessary, within a date specified in the notice.
(2) If the owner or the person or authority in occu- pation fails to comply with the notice under sub-section
(I), the executive authority shall himself arrange to--
(i) maintain such park or play-field in a clean and ;vODeS condition, or
(ii) remove or alter the projection, encroachmei~.t or obstruction, or
(iii) executs such repairs as he may consider necessary and the cost of such maintenance, removal, alteration or repairs shall be recoverable from the o wiler
or the person or authority in occupatioil in such manlier as may be prescribed.
. , , (3) Any dispute as to the amounr of the cost shall be
- - decided by the Government and their decision shall be : final.
... . .
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(4') The executive authority may, instead of or in addition to taking action as indicated in sub-section (2)
. , proceed to acquire the land under the Land Acquisition
3
s .. - Act, 1894 (Central +Act I of 1894), for the purpose of - effective management of the land as a park or play-field. , '
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(5) .Any owner or any person or authority in occupa- tion of a play-field desiring to convert the play-field to
, . . ' . , : 3 any use other than as a play-field rnay give notice $0 the
. . . person or. authority fiianaging the affairs of ,any :educa-
. . ! tional insfirution 0r:other duly constituted public. body ,>:.. . . a 9
. which u'&es the:'play&ld or to the local authority-within wliose jurisdiction. the, play-field is situated to purchase his or its rights in the play-field. If such person, aithority, public body or local authority does not agree to purchase his or its rights, he or it may after the expiry of a reasonable period which shall ije not less than six months' put it to such use as he or it desires.
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*fl0 Parks, Play-f2elds and Open [I959 : T.N. Act Spaces (Preservation and Regulation)
I (2) For the purposes of this section, . the Govern- -,$ d ment shall have .the same powers of calling for records, * -
of cawing inspection to be made, and of enforcing their orders of appointing persons to enforce them as they I ? have under sections 40 to 43 (both inclusive) of the *Madras City Municjpal Act, 1919 c[Tamil NaduIAct IV of *
1919) or sections 34 and 39 of the l[Tarnil Nadu] District Municipalities Act, 1920 (A[Tamil Nadu] Act V of 1920.) P m r to 14. (1) The Government may, by notification, make
UM&J rules for the purpose of carrying out the provisiotis of tl-lie Act.
(2) In particular and without prejudice to th,:
generdity of the toregoing p.rovision, such rules m;r!.
previde for-
(a) cantroiling or regulating the admission of
persons to, and the conduct of persons in, and in tilt
vicinity of parks, play-fields and open spaces;
(b) rest~icting or prohi biting the admission of'
animals or any class of animals to any park, pray-field
or opcil space. ;
(c) removing from any park, play-field or open
space any person who is therein in contravention of any order or direction of the executive authoiity or any person authorized under section 1 1 ;
(d) the time within which the annual return under section 10 shall be submitted to the Government ; (el the procedure to be followed undx section 9 (5) ;
(f) all matters expressly required or allowed by
this Act IG be prescribed. These ~vo~ds were substituted for the word " Madras " by the Tamil Nadu ri&ptation of Laws Order, 1969, as amended by the Tmli Yadu Adaptation of Laws (Second Amendment) Order, 1969. a
* Now the M a d r ~ City Municipal Corporation Act, 191 9, I
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1959 : T.N. Act 261 Parks, Pfqv-felds lrnd Open 401
Spaces (PI. cservation and Re gukt ion)
(3) Ail rules made, all notifications issued and all
lists of parks, play-fields and open spaces published under
this Act shall, as soon as possiblu after the) nic made or published, as the case may be, be placed on the table of both Houses of thc Legislature and shall bc subject to such modifications by way o l ameudment o: repeal as the Legislature may make either in the same session or in the next session.
THE SCHEDULE.
[See section 2 (a)]. 1 . The *Madras City Mul~icipal Act, 1919 (l[Tamil Nadu] Act IV of 1919). 2.'The [[Tamil Nadu] District Municipalitiej Act, 1920 (l[Tamil Nadu] Act V af
1920.)
3. The l[Tarnil Ncldu] District Boards Act, 1920 ('[Tamil Nadu] Act XN of 1920)
4. 'The '[Tarnil Nadu] Village Panchaydts Act, 1950 ( [Tamil Nadu] Act X of 1950)
5. The [Tamil Nadu] Panchayats Act, 1958 ('(Tamil Nadu] Act XXXV of 1958).
6. The Travancore District Municipalities Act, 1116 (Travancoro Act XMU of
1116).
7+ The Travaneore-Coehin Panchwats Act, 1950 (Trauancorc4Cochin Act If 0
1950).
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''These words were substituted for the word " Maclras ' ' b y
the Tamil Nadu Adaptatiorl of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969,
* Now the mdras City Municipal Coryorntion Act, 1919.
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