Tamil Nadu act 013 of 1965 : The Tamil Nadu Public Buildings (Licensing) Act, 1965

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 Public Buildings (Licensing) Act, 1965

Act 13 of 1965

Keyword(s):

Building, Engineer, Existing Public Building, Licence, Owner, Public Building

1

. . . . . . . . . . - * < . , .

1 . Shmt .tit.le, extent and aim rnkeeme~t .

7. Licence dcemcd to be granted-or refused.in certain .i

. cases; a d 8. Renewal.

9. FresQ. iicyncq to be obtained in case of addit ion or 4 . . - -

1 HE TAMIL N&U PUBLIC J ~ U ~ L D ~ N G S '

(LICENSING) ACT, 1965.

8 I , > \ ' I \ ' T \ 1 a 8 ' I . ! , -. ) '.. .

A'RXAFCF~;~ENT OF SECTIONS. I - - - -- -

2. Definitions.

- - -- ---- - .- 7 -- ----"-.

4. Application for ilcencc.

5. Insmet ion. s - d -- -- ---------

. ayera~ion~. , ., , : . a'

10, Rq~crtto ~?g;c~l,or, . . #. s u ~ ~ ~ r i ? - - - a li-p.

1 1. Appea t ap

12. Temporary licenoe. ---c1.

cases.

9 L W ub ~ Y C U ~ I U . S C ~ ~ V ~ ~ ~

t+,; . I . J ' W .

- -- - - - ---- -" questions under this -.. I .

-. - - .

13. ~evhion by Bowd of Revmu.. ^%

14. Poweer of .competent authority, engineer, etc., te

. . entq public building. . . - ., ,, l 1 5. Power to prohibit the use of the public kuiuiog ^:

oertain 1 - - 1 6 Penalties. Y

17. Offences by companies. 1 . Cognizanq , *:$* , of dffences. . . . . , .

19. Jurisdisticn o i criminal co&.

20. Power lo exempt certain cases.

. . . 21. Competent autb~rity, eta. tfi h- ---'-I:; ----.--a- . , ' 2.

22. ~ i v i i courts not tn t b n i d r

z j . alnahty of- orders passed under this Act. . .

2 ~ndemnit~. 9

25. POWCF to mil& d e s .

26. Power lo remove difficulties. . < ' ,? ' . :!

27. Act to override other laws.

- 28. Report to be m^{~de in}certain c^a~os by aut officers appointed under other Acts.

-- %- ---.

2

MTL NADU 4CT NO. 13 OF 1965*.^I

I

csidkt on the 20th jtrlj. 1965,

rt St. George Gazette, dcited the laturc of the YStnte of Tamil

ar of the Republic of Indid ' I . . . ,

commencement. It extends to the whole of the 3[State of Tamil

shall come into force* on such d3te as the

ment may, by nnotific:stion, appoint. ? , ,

less the context otherwise requires,- Definitions. I . . - I ,

; r - .

I

3

1 whztsocve~, the floor area of which is not less than one 4

hundred square metres;]

3

(2) "competent suihorityW illf.?Ms any person or '

aut horit v authorized bv I lie Goveiainen'r . bv notification, - - - - .L

'

buildings as may be specified-in the notification ; ; ..:

(3) " engineer " means any ixrson possessing such

(4) " existing publis building " means any: building used as a public bailding on 1

ment of this Act ; , t 9 .

I 4 - i i

* l

-. < ( 5 ) '' Governm611t " means the St ate ~overdnient .; "

(6) " licence " means a licence g~anted or dpemed 1 have been granted or a licence renewed or . deemed : i ., t have been reaewed under this Act ; + . + , . . ; ,s :i

- 4 -

?. (7) " owner " includes- .C . , v* 4

(i) a lessee, - .

(ii) a licensee, . . % I

(iii) a mortgagee in possession, and , fld authority is called a maanaging tmslee, an agent, a krres pondent , manager, superintendent. secretary or by any

other name whatsoever ;

Gc ( I ) "building" includes- 3

w.

- -- - to perfo;m the functiois of i he cornpteni a;thority undc this Act for such srea 01 in r-ek.1 ion to such c1i.s~ of vublic engineering &lificatlons as maj he presciibed ; .he date of the commence-

(iv) any person or authroity to whom or to which the possession of, and control over the affairs of, the buil4iag has been entmsted, whether such person or

out.house, stable, latrine, shed, hut, roafed ercl~jute and otlr'or structure; *'

any compound wall or gate appurtenant to such building, house, ;

out-house, stable, latrine, shed, hut, roofed enclosure and other .e"f

" -9

structure; I

, J

i,

(ii) a portion of such building,'house, out*bowe, stable, ^'

latrine, shed, hut, roofed enclosure and other structupe; and

P^,, (jii ) any fittings - a xed to such building, . _ h^{~we, a}

4

, -Public -BuiZdings p (Licensing) lic building ' means any building-- 001 (including a tutorial school) or college utorial college) of University or other edu-

) Ilospit sl, nursing home, dispensary, clinic

(vi) lodging house, boarding house or hotel ;

d access or any class or section of the c and includes-

ing a tdtorial school) a Uuiverstty or other any building used as a library ;

ligs or for celeb- any building used as a d u b or by any association ;

any building used as a lodging house ;

5

4 1 6 Public Buildings (Zicen'ving)

3. (11 Save as otherwise in this Act,"on'and ,to be licensed. after thedate ofthe Commencement ofthisAct,no building, not being an existing public building, shill1 be used as a

public building withbut' a licence and except ih. accordance

with the5terms 2nd coiidiiions specified therein. . ;: !

(2) Save n s otherwise provided in this Act, 'on and

aftei ihe date of the expiry of a period of one yew from the date of the comlnencement of this Act, n o existing public building shs ll be used as a public building without a licence and c wept in accordance with the terms and wnditions specified thereiu. . ,

@plication for 4. (1) Any owner, who intends to use any building (nor jjiwncc. being an existing public building) as a public building, shall make an application in writing to *the xm'rnpetent

authority for a licence therefor.

(2) Any owner., who intends to continue to use an existing public bltilding as a public building, sfiall before the 'date of the expiry of a period of six months fro'&' the date + of the, communeement of this Act, make an. appli- cati-on in writing to the competent .authority fcr 'a licence therefor.^{. .. ..}

(3) Every application under sub-section (1) 6r sub-

. section (2) shall be in the prescribed form and s5aU .con- tain < the following particulars, namely. :-- ,^. . .'

'

(i) the name and address of the owner of the building or the existing public building, as the case may

'be ;^+.

(ii) the situation and descripiion of the building or the c xisting public building, as the case may be; . . . , f ' " ,..

(iii) the purpose for which the-building or the exist-

,ing public built ling, as the case may be, is proposed ,to'.

used or is being, used ; and

s p a . (iv) such other particular s may be presc~bed,* . . . * * i (4j An ipI;lidation under sub-section ' (1) or' . ikb. .section (2) may be accompanied by a certificate of structural

l r o u n d e ~ ~ in the prescribed form obtained from an engineer.

6

.

Public Buildt.?g,~ (Licensi~t~g)

ty may obtaill the

as the Government may specify the structural soundness of the

ng access to such building. f the certificate of structural sound- lication under sub-section (1) or

, or on the basis of the opinion rer under sub-section (1) of section

inspecticn made under sub-section section 5, if the competent authority is satirfied- by written order, grant the licence and if the corn-

authority is not so satisfied, it shall, by written 'refuse to grant the licence.

=tion under sub-section (I) of section 4.

C ',

4 1 '7, Xi~spect ion.

When competent authority to grant licence.

7

I

[I965 : T.N. Act 13

(b) In the case of an existing public building, the , competent authority shall.pass the order under sub-section

(1) and shall communicate in the manner presciilied ' ' such order to the applicant within 'a period of sik nionths ' . from the date of the receipt of the application + ~ n b i . + sub-section (2) of section 4. 3 .

I .

I < .'

1 ' I * '

(3) The licewe shall be in the prescribed form, 'shall be subject to such conditions as may be specified therein and shall also specify the building or the existing public building, as the case may be, the purpose for which . p

it is to be used and the number of persons which- the . building or the existing public building !:an accommodate without danger to their safety.

(4) A 1iaen:c gra:~ted undcr sub-section (1) shall be valid for u period of three vears or for such shorter period as the comp~tc11: authority may specify iu the licence and the period afore said shall commence-

(i) in casc the licence relates to a building, not being a n existing public building, on the date of the corn-

muaication ot'the order granting the licerlcc, and,

(ii) in c:.ue the licencc relates to an existing public building, on the date of the expiry of a period of one year froill the dato or the commencement of this Act.

(5) Where the competent authority refuses to grant a licence under sub-section (I), it shall give reasons for such rafusal.

Licence 7. (1) If it] the case of a 9 ilding, not being an exist- a , (1 ee mtd

t .> be granted ing public building, no order either granting or refusing

or refused i n a licet~ce is comtnunicated to the applicant within a period

certain cams. of three ,Aionths from the date of the receipt of the appli- cation under sitb-section (I) of sectioa 4, 'liceq~e :* shall---

. ...

. I -

. _ ...r T - - . % * y .,* . , , . *?

.-, - ".-- % "a"

8

Public Buildings (Licefisinp) ia case such spplicatiou is accon~j?snicd by a

of structural soul~dness nloltioncd in sub*

dwmed to have bccn granted ofdinarily imposed under this

(B) in any other case-

(a) h r thc period tlle~ltioaed ill the appiica-

i) in c u e such, nppficction is nclt acconly:$fiicd

a cxrtificate of stru ctul a1 sountiness, be cfci.nle-j If in the case of an existing public building, no ther granting or refusing a licence is commun- the applicant within a period of six m o ~ + h - r 3 t ram

of f h ~ eceipt of the application under sub-sectiGn on 4, a liccnm shall-

9

section (4) of section 4, be deemed to h ~ v e been granted subjec: to the a conditions ordinarily imposed under this . ,* - - 1 . - ." *;t or the rules made Tnereunaer-

7

(A) for a period of three years colnmencing on the date nf the exrrir~ of a period of one gear from the -- --- --- J.- 1~ rnmrnencement oT this Act, in any case where date of tL, -- --------- -- the period mentioned in the epplication and the peri ad

mepiinned in such certificate of structural soundness i s

. .^U,,A"UII -- --. -- -^-7- taree years, and

(B) in any other case-

(a) for the period mentioiled in the applica-

tion, or

(b) for the period mentioned in such certifi- cate of structural soundness,

whichever period is less, and such less period shall in no case exceed three years and shall commence on the Ante of the exr irv of a ~ r i o d of oile vepr from the date of .

y l r " - - -- - - -- 1 .

the cornmen~ei~~ent of this Act, and -

(ii) in case such application is not accompa&d1 by such a certifirate of structural soundn-ss, be deemed

tobavebeenrefused. ' r f c + , * , 1

8. (1) A licence shall be renewed from time to time

and an a~plication for the reilewal of a licc,ncc shail be ---- - made no{ jess than three. months before the dale of ,th expiry of the period of such licence. . .

(2) The previsions of this Act shall, as far as nlav k 9 apply for the renewal of a licence as they apply fa; the grant of a licence on an applic.?tion under so ~rectiCn (1 )

nf cention 4. Pmsb license to be obtained ia, tho case of addit:.on or almtion, g. (1) If any addition or aTteration is made to any public building before .date of the exgiry of the period the licence in respeci. of that public building, - or jf .such,

addition or altcrafion i s made in respect of a6y p&i~a-*i

of a building connected """h that public build*,

10

ing& 1

.ti1 'A has

shall not coat ' fresh applici been granted to be used as a public has been made and a r this Act :

d

works of necessary repair which do

e position or dimensions of the building Iiikid'di- aily room therein shall' not be deemed an &atioG* . or addition for the purposes of this sub- li$id'ed further that the compct ent authority may,

b?ts 'disdretion, allow the continuance of the use

bf the public building as a public building for s t ~ c l ~ period'

hot exceeding three months as it deems fit pending the r&isidn on the application.

j 3 , 1 % I , ! l id: (2) ~ h k provisions of this Act, shall, as Far as may

IP. qhtdvf tot *the fresh a.mlication under sub-section (1 r. - I * * -

e they.apply to an appikation under sub-sect ion (I) ' ;f

';ction . , 4. . . . ; *

P 10. (1) The competent authority may cancel or sus- pi

any licence if it appears to it after giving thc holder or an opportunity of being heard--^lie

~wer-"to

susw

ence.

cancel

~n d

F '

!t J, (i) that such licence has been obtained by llljs-

representation or fraud ; or ~ $ 4 = (ii) that the licencec has contravenccl or failed to amply with any of the provisions of ;his Act or the s l e s made thereunder or any of the terms or conditions

;& the licence ; or

. (iii) that the licencee has contravened or fhiled to Cdljly with an order passed under this Act or the r~.'-f- w L*,

-igde thereunder ; or

(iv) that the public building can no ionger be uely used for the purpose for which the licence ~ 2 s ranted.

4&, * .

1 ,.:: (2) The competent authority may, of i t s c n ~ l

notion, review any crder passed under sub-section (1)-

5

p:

(i) on the basis of a mistake or error apparent A& + ~ r b ~ Q I * P nf the recard : or @) on the basis of new and important facts brought 3 its notice after the order was made ; or

11

4ppeaf against refusal of lice nce,

I

Tempora.ry licence.,, Revision by

* Board of Revenue. Public B ~ildings (L Venting)

(iii) for any other sufficient reason :

Provided that the competent authority shall not ' pass any order under this sub-section prejudicial to any' 'parry

unless he has had a reasonable opportunity of making his representations.

11. (1) Any person iik&;:.:rl by 2-1 order of 'the com- petent authority refusing to grant or to renew a licence or cancelling c r suspending a ilcence, or in the case referred to in clause (ii) of sub-section (1) or of sub-section (2) of section 7, the applicant concerned, may, within such ,time

as may be prescribed, appeal to such authority 'as the Government nay specify in this behalf ; Provided that such authority may, in its discretion, allow further time not exceeding one month for the Gling of any such appeal, if it is satisfied that the appellant

had sufficient cause for not filing the appeal in time.

(2) On receipt of an appeal under sub-section (11, the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as

expeditiously as possible.

(3) The itppellate authority may stay the operation

of thc order of the competent authority cancelling or

suspending a licence, pending the exercise of its powers

under this section. *)lr -- - - -, -

12

*

Pubfic Buildings ( i i / c ~ l s i ~ ; ~ ;

oceeding or the conecmess, legalit)

ecision or order ~ a s s e d therein and pears to the * Board of Pievellue

n or ,grder should be nlodifified,

remitted for reconsideratiou,

m y pass orders accordingly :

Provided that the * Board of Revenue shall uo! this su b-section prejodictiai to any a reasonable opportunity of inaking

Every application to ihc * Eoi11.d 01' Kevcnur

exercise of its powers under this section shall be

nths fro111 the datc on wi~jch the

which the ilpplicat~on relates ----I-___

- -

Power of a competent authority, enginex-, e to enter pc building.

13

4 4 p&I jc mildings (L i^cen~ i ng) [i965 : zk. Act i 3 + .

Powor t o IS. (1) If the appellate authority mentioned jn , section probibit the use 11 9 in any case pcuding befcrc it, or if [lie coxnpeient,+utho- rity, in any other case, is satisfi~d upon inspection' cjf a building in

aortain cases, public building or otherwise- I. :

(i) that the said building is in a ruinous stat

(ii) that there is reason to apprehend i

danger to life or property, G r

(iii) that there is no liccncc, such authorit:, sllall, without prejudice to any other anion taken under this Act, by written order, prohibit forthwith the use of the: public building as a public building. :>.. r

' - , (2) If the bwner ne4 the ot erPt sub-

section (I), it shall be lawful for the authority mentioned in that sub-seciion to take such steps and use such force as

may be necessary to prohibit the further use of such buil- ding as a public building:

, .

f "

. (3) Any person aggrieved by an order of the compe- tent authority under this section may, within such tir& as

may bc prescribed, appeal lo tlle appellate authority.

mentioned in section 11 and llle provisions of that section

shall apply to such appeal as they apply to an appeal against an ordcr cancciling a licence.

(4) Any order passed by the appellate authority under

this section sl~all be subject to revision by the * Board of Revenue under section 13,

Fena ltres. 16. (1) If any pe~son contravenes or attempts to contravene or abets the cc~i:;.:-;~i::ion cf the provisiofis of

section 3, or of scction 9, or an order passed under section 15, he shall be. p~nnishable with imprisonment for a', term

which may cxiend to six months, or with fine which. may

extend to five rltousand rupees, or with both, andin tbe case of a continuing centravention, with an additions which m y =xi:lcnb io five hundred rupees for s a y day el

which such con~ravtmion cominues afier conviaion for the

I first such contraven~ion. --- -- - --- 4 i - - * By viit irc of section 10(1) of the Tamil Nadu Board of Revenue

I I p b:.llt~on ,?ct, 1 984.; (Tamil Nadu Act 36 of 1980), any referem to the Board of R ~ e n u e shall k deemed to be 3. reference tc the Statc Governmeri.t,

14

15

Jurisdiction of criminal courts. Power to

exempt.certain

cases.

Competent authority, etc.,

to be public

S ~ I tants. Civil Courts not to decide questions under this Act.

Finality of orders passed under this Act. Indemnit y. PU&~C ~ u i l d i d ~ s ((tcensingj

19. No court inferior to tkli of a *Presidency qagistrate or a Magistrate of the firsr-dass shall try any offence puni- shable under this Act.

20. If the Government are of opinion tlrit i t would not be in tile public interest to apply all or any of the provi- sions of this Act to any class of public buildings, they

mly, by notification, exempt such class of public buildings from all or any of the provisions of this Act or arly ruies mlde thereunder subject to such conditions and restric- tions as the Goveri~inent may impose.

21. Every authority and cvery officer duly authorised to discharge any duties imposed on it or him by or under this Acr &&all b; deemr;d to be a public servant within the

mcaning of scciion 21 of the Indian Penal Code (Central

As: XLV of 1860).

22. No Civil Court shall havz jurisdiction to decide or deal with any question which i

required to be decided or dealt wit

oficsr mmtioncd in this Act.

23. (1) Any order passed or decisi ority or officer in respect of matter the purposes ~f this Act, shall, appeal or revision, if any, provided

(2) No sucb order or decision shall be lia questioned in any court of

24. (1) No suit, or other procee G~vernrne zt for any act done or under this Act or any rule made there *According to clauses (a) and (c) of su the Code of Criminal Procedure, 1973 reference to a Magistrate of the first c reference to a Judicial Magistrat o f t Z to a Presidency Magistrate sha be constru Mstropolitan Magistrate with effect on and

rr-- - - - - - - - .

16

." (2) (a) No suit, prosecution, or other proceeding %shall ie against any uutboritv 0. officer or ser vani of the

-pbiic * B u t f & ~ ~ g g Z ' ( & { ~ e * ~ n g )