Tamil Nadu act 009 of 1999 : The Tamil Nadu Urban Local Bodies Act, 1998

an opportunity of making his representation.

142. (1) Notwithstanding anything cqntained in sections 139. l L O , 141 and Grant of - 150, the Commissioner shall, on receipt of an application under suksection (1) licence by the

of section 140 for construction or reconstruction of any residential bu~ldlng on any 9mmiqioner land within the area of the hill station hav~ng pl~nth area,- ln oertaio

. . , - cases

( a ) not exceeding two hundred and '$fty square metres in the ground

flocr ; cr

(b) not exceeding two hundred and fifty sduare metres in the gmund

floor.and.in the first flool in the aggregate ; or

64

(c) in the case of imprcvenent or enlargement of an existing rest 3cuti a1

building, the constructicn o f which does n t exceed two hundred and Gfty square inetres, th - remaining area f ~ r such improvement or enlargement of such building inc lud i~ f i r S aoor. In the aggregate,

examine such application with refer e p y to bailding I u l e ~ pscribed for the purpose of this part and lf he is satisfied that the grattt of P licence will not result in the deterioration of. scenic beauty or destruction of the environment and ecosystem of the hlll Std$tlons he may grant a l i o ~ ~ c p lthject to such terms and condltions as he may thlnk fit to Impose, or refuse to grad a licence:

Provided that the licence shall not be refused unless the applicaot has been given an "?)yurtunity of making his representation.

(2) (a) Any person aggrieved b an order of the Commissioner under t subsection (1) may, within a period o sixty days from the date on which a copy of the order was communicated to him, prefer an appeal to the Government, m

such form, in such manner and with such fee, as may be prescribed.

(b) On receipt , f an appeal under this sub-section, the @ovenoareat shall, after giving the appellant an opportunity of being heard, pass such orders thereon as they deem iit.

(6) Every srder passed ~y the Government under this sub-section shall be final.

Power to cancel 143. (I) The Government cr the Commissioner may at any time, cancel or sus- or suspend pend any licence granted under section 14 1 or sectio~ 142 as the case may be, if- licen&.

(a) such licence has been obtained by frclud, misrepresentation or suppression of material particulars ; or

(b) the holder of the licence has contravened any of the provisions of this Act and in particular the provisions of this part or any rules made thereunder or any of the terms and conditions subject to which the licence was granted.

(2) Before cancelling.clr suspending a licence under sub-section (I), the Government or the Co~nms>loner as the case may be, shall give the holder of the licence, an opportunity of making his represeniaiion.

Period of 144. Every licence granted under section 141 or section 142 shall be valid for licenet. a period of one year from the date on which it is granted and if the construction or reconstruction of 8 building or the user cf agicultrual land for non-agricultrual purpose, or the engineering, mining or other allied operations for which the licence is granted, is not commenced witbin the c2id prricP, it sk!l c::t 5 2 cozzsil2:d there after unless tbe Government or the Pnmmissioner, as tbe case y be, on application made therefor 2ms extended the period of licence.

p o u a to 145. (1) The Government or the Commissioner, as the case may, be may, at any

work. time by notice in writing, direct the owner, iessce or occupier of any land in a hill station,-

(a) to stop the ~nstruct ion or reconstruction of ally building or such land;

(b) to stop the iuer of any building or land for any purpose; or

(c) to alter or demolish, within such time as may be specified in the notice. any building or any part thereof; or

(d) to stop the use of any agricultural land for non-agric;lti.ral purpose; or

(e) to stop the b? ilding, engineering, mining or other allied operations; 11 in the opinion of the Governmezt r,r the Commi%icner as ?he Z?? z z y $8, thct

thc construction or reconstruction of the building or part thereof, the user of the buil- dhg or :and or the user of any agriculiurd land tor non-agricultural purpose cr the carrying out of the building, engineering, mining or other allied operations is in contr~.\-~-~;..b.~ of m y of the provisicln: df (&is Act and in particular, the provtsion of

this pul: L: !he rsIes made thereunaer or aay of the rrruls atlo cuudirtsns subject to wfLch i~ ~ ~ L L ~ C C is granted undel iiii* pal*.

65

)-- - -- --------- -- - - - --- - - --

(2) If any direction given under sub-section ( I ) is not complied with, withln the time specified in the notice, the Government or the Commissioner, as the Gase may be, may have such direction carried into effect at the cost of the local autbor~ty of the hill station concerned and the amount thereor shall be recovered from the defaulter by the said local authority as it it ware

an arrear of land revenue.

146. (1) Tha Government may, on application review any order, dec~sion \c;~i.ew.

or direction made by them including the grant or refusal of a licence, if it appears to them that any such order, decision or direction or the terms and conditions of the licence should be modified, annulled or reversed and pass order accordingly.

(2) No order under this section adversely affecting a person shall be made unless that person has had a reasonable opportunity of making his representation.

(3) The Government may stay the operation of any order, decision or direction made by them including the grant of licence pending the exercise of their power under sub-section (1) in respect thereof.

(4) Every application to the Government for the exercise of their power under this section shall be made within two months from the date on which the order, decision or direction made by the Government including the grant of licence to which the application relates was wmmunicated to the applicant:

Provided that. the Government may entertain an applic~tion made after theⁱ

expiration of the said period of two months if they are satisfied that the applicant had sufficient cause for not making such application in timt.

147. (1) A1.y person aggrieved by an order of the Government under section Revision by 146 may within a period of sixty days from the date on which a copy of the order was High Court.

communicated to him, 61: an application for revision of such order to the High Court.

(2) In disposing th: application for revision, tho High Court may, confirm, cancel or vary s ~ c h order.

(3) Every order passed und9r this section shall be anal.

148. No compensation shall be claimed by any pmmn for any damage or loss Bar of' ~.~sbrned by hlm in consequcm of- ~ u m p e , ~ ~ d t j s n +

(b) any mms aad conditkn~ anbjtd to wbich ;Iny d liceme is @Mi

(c) sny direct ion issued under sect ion 145 ;

(d) the operation of any of the provisions of this part or the rules made there- under.

149, No civil court shall have jurisdiction to decide or de,al with any question Bar qf

which is by or under this part required to be decided or dealt with by the Govorn. jurisdictim of

ment or the Commissioner. courts.

! 50. ( 1 ) T h e provisions of this part shall have effect notwithstanding anything Part to inconsistent therewith contail?ed in this Act or - -.' ??her law. custDm, w q e or override o t w wntnrd la sz,

66

98 TAMIL NADU GOVERNMENT GAZETTE E

& _ _ -_ _ -__ _ __ _ _ _ _-_-- ----- - -- ---.--- - --- --- --

( 2 ) &~vI: as o ~ ~ L \ L \ + ihc P C ov I ~ c ' J 111 bub-bcc~ 1011 (I), ~ 1 1 ~ I)I.OVLl\lOil 01 11115 Clicpt~ 1 shall be in additlon to, and not ~n derogdtion ol, any ollicr provis!onx ol t111s ~ c t .

Delegation ot 151. (1) T l ~ c (^{;O\~~ll~r;~~~i}n1.l). b^j,,oi,lrcai .t ^{i. : t~il~u~} ,.c I C1,llcclc~ to cxctcist:

Powers of any of the powers vested In thrm under ally ot llie pro\ Istun:, 01 1l11s part 111 respect

Government. 01 8 hill btatlon.

(2) The exercise of any power delegated under sub-xction (1) s l ~ ~ l l be subject to such restrictions and conditions as nay b~ s y . ~ . % . J !-I *he notification and subject also to control and revision by the Government.

Exempt rolls. 152. (1) The Go~ernme~~t may by order, exempt subject to such conditions if any, as may be specified In the srrld order, the Central or State Ciovernment from

all or any of the provisions of part I1 of this Chapter. - (2) The Government may, by urder, for adequate and special reasons l o be

recorded In writing exempl any bulldtng or class of buildings from all or any of the provisions of this Chapter.

CHAPTER 1X.

WATER SUPPLY AND SEWERAGE.

~ ~ ~ l i c a t i d . 1 153. The Provisiolls ($1 this cllapter shall not apply to a^nyn~un lclpallty fcr 18a;il h8 of this chapter. wh:ch the Chenna~ Meirop011;un Ma:er Sbppiy a i ~ d Seut~rigr Act, 1 4 i t . will Fake Act 2% 01 appi ic"t' * b ]on.

Vesttng of 154. (1) A11 public ~cser~,oirs, i; nb, cisterns, springs, fountains. weils, pumps, water works in pipes, taps, condu~ts, aqt e d ~ c t s and other water w r k s (not ces?ed 111 Governmentj

municipal~ty. connected with the supply ot watei to the munlcip31ity whetl.er rnade at the cost of the inonicipality or otherwise and all b r~d~es , buildings, engines, work materials and other things connected ther' 1% 11 h and all larlds (nct being private proFerty or property vested in Gownencr:t adjacent and appertain~ng 10 the same), shall vest in the mbnicipal ty and be stbject to its control.

(2) The municipality shall maintain 811 existing water works intended for Spply of water and it may close any such existin? works and may construct any new water l~orks or execute any of, whether with~n or outside the municipal limit

new waterLsuppl, I-cheme for the supply ol drinking water to the publ~c.

(3) All public drains, pipes and drainage works and materials and things, appertaining thereto shall vest in the municipalty and the municipality shall so far as the funds at its disposal provide ~ufficient system of pub1 ic drains throughout the municipal areas.

House-dra ins 155. (1) All house-drains whether within or outside the premises to whkh a d or ivate they beloiig and all private latrines and cess-pools within the mur;ici~ality shall bc

ceau-pools. under the coiltral of the municipality but shall be kept and maintained in proper order at the expense of the owner of the premises to which the same belong and in conformity with the by-laws made by the Council in this behalf.

(2) The Commissioner shall on application from any owner or eccupier of a building or owner of a private street shall arrange for connection of the applicents' drain with any pub1 ic drainase system maintained by the n~unicipality on collect ion

of Such fees and in accordance with the by-laws:

provided that the Commissioner shall provide such consection only for build--

ings with plans dulv apnroved by him.

r i

-- - 4'

- ---- _ ___ 2 ----

67

Provided that wherein a mvnicipality , there is a sewerage syslem, every owner of a building in the municipality shall connect the sewerage disposal of the bullding to municipal sewerage system aria shall not continue any other system of dispcsal

already in existence in that building.

156. Notwithstanding anything contained in any other law for the time be~ng in Entrustnlent of

force, the Government may by order, entrust to a municipdity, for the execution water supply of any specific scl~eme for water supply, drainage or sewerage works: and the mun:ci- and drainage pality shall for the prrpose of implementation of such schztuts, have all such lyork.

po\%:ers, functions and responsibility as may be specified by t5e Government in the said order and such schemes shall be maintained by such municipality.

157. (1) The municipality may supply drinking water flt for donrstic cons, rr.1)- Sup2ly of

tion in the municipal area in accordacce with the rules framed for this puxpose. water by

, municipality and provisions for watcr

meter.

(2) The Co~ncil may specify the fees for supply of water at such rate and collect the same in s-11 rniulner as may be prescribed, haying regard to the quantum of ccrnsumpticl~l made by any person, ~nstitut~on or other authority.

(3) For the purposes of determining the fees payable cnder sub-section (2) and for regulating the consumption and prevention of wastage of water, the Council may fix water meter at any building or premises in any area within the municipal limits.

I (4) The work relating to fixing of water meter is no! required if there is lesser number of connections in a municipal area and the fees may be collected at such I, rate as may be determined by the Council from time to time in accordance wi-th

the rules prescri'oed having regard to the yuantu.m of w a t x supplicd and such fees

may be collected LIP to the period of flxing such r,~eters i11 that municipality. .

1 7 8 . The C~mmissioller may subject to availnbiiily, supply watcr to any Suppy of

comn~ercial, ind~strial~or ther purposes and collect water charges from them in water or

I accordance with the by-laws framed by the Council for this purpose: commercial,

industrial and

other I; pum.

Provided that the Cornmissloner shall provide such connection only for buildings qith plans duly approved by him.

159. (1) The Council may subject to the approval of Government supply water Supply of to any aeighbouring local bodies outside the municipal limit subject to such terms water to other

and conditions as may be determined from rime to time by the Council concerned. neighbouring local bodies,

(2) If any dispute arises i n re~ard to supply of watcr or in the collection of

water charges among the local bodies, the matter shall be referred to the Director whose decision shall be final.

iC4. Thc Commissioner may order disconnection of water supply cvntlectioo Pawcr to dts- rr, any premises for non-payment of water charges or property tax payable to the connect water

mun~cipality under this Act or fbr any other vallcl reason connected wtth the affairs supply of the u~utilcioaliry : s\~tlnectiori,

iti:lvideri tlrat the water supply shall not be disconnected withou- giving not;*

143 t ' l t person concerned. [ I S r ~ u a ) 11'--3 EX, (398)- lC.4

68

(2) Sul?ject to the provisions of any other Iaw for the time being inforce the Council may make necessary by-laws for regulating the discharge of any industrial was@, foul water or refuse into any water source or drainage in amunicipal area. Power to under 162. (1l.The Commissioner for the purpose of executing or maintaining any take municipal work relating to water supply, drainage, street lighting or for any other munjcipg work in any work, carry any cable, wire , pipe or undertake any work to establish or maintam private property any system of drainage or channel of any kind, through, across, under or over and power to private land or building within the municipal Iimrt :

enter into

private land.

Provided that such work shall be done causing rnhin~um inconvenience to the owner or any occupier of such land or building :

Provided further that the Commissioner may, with the sanction of the council, pay compensation to any person for any damage sustained by him in the course of any work undertaken in pursuance of powers vested under this section..

4 kb F

(2) No person shall without the permission of the Commissioner make any

connection from hi's land or building with any municipal cable, wire, pipe, drain oi

chpnel with any of his neighbours so as to secure any water or drainage connectio~r or electric supply,

(3) The Commissioner may remove, demolish, alter or close any connectipn so made in contravention of the provisions of sub-section (2) after giving notice in this behalf.

(4 j The Commissioner or any person authorised by him in this behalf may,. together with his workmen enter into any private land or building for the purpose of executing any municipal work for the purpose of dumping any soil, gravel stone or other materials in such lands after giving three days nctice :

Provided that iq case of emergency, the Columissioner may enter the premises or land after informing the owncr or occupier in this behalf., Repair of 163. The Commissioner may make arrangements to repair any tank,river bed,

public tank, pond, street or any public well and while making arrangments for executing such

wells and other repair or other work, the Commissioner may, to avoid imminent danger to any works by person residing. nearby, by an order, temporarily remove them till the completiorai temporariiy of the work.

removing

nearby residents.

Power to order 164. (1) If in the opiniorl of the Commissioner,-- filling in of

pools, etc., (a) any pool, ditch, tank, well, pond, bog, swamp quarry-hole. drain, which are cess poolpit, watercourse, or any collection of water, or

. nuisance.

(b) any land on which water may at any time accumulate or is likely to become a breeding place of mosquitoes or in any other respect is a nuisance the Commissioner may by notice require the owner or person having control thereof to fl11 up, coverover, weed stock with larvicidal fish, petrolize , drain or drain

off the same in such manner and with such materials as the Commissionor shall direct to take suck order with the same for removing or abating the nuisanor; as t5e Commissioner shall direct.

69

MIL NADU GOVERNMENT E EXTRAORDINARY 101

Ir _ _ _ __. -_ _.--- - --

165. The Council may on the report of the Director of Public Health or ariy R~yn~ation r other Department of the Governmet:t, the Health Omcer c.r the Local ~ c d l c a l pt~jhibition of Officer that the cultivation of any speci5ed crop, or the use of any kind of manilre certain kinds of or the icrigation of land in any place with in the limits of the municipality is injlliious cultivation. to the pirblic health, with the previous sanction of the Government by public notice regulate or prohibit the cultivation, use of manure. o~ irrisation so reported tu be injurious,

CH APTER-X.

PUBLIC HEALTH AND SOLID WASTES MANAGEMENT.

166. If any medical practitioner or any person notices the existence of any. Obligation infectious disease or occurence of death due to such infectious disease in any pn- to report vate or public hospital, nursing home or dwelling Inuse in an area comprised in infectious the municipality, he shall immediately inform the Commissioner, or to any officer discase.

of the municipality.

167. The 'Commissioner or any officer authorised by him may at any time with- out notice or efter giving such notice as may appear to him reasonable, inspect Power to enter any place in which any infectious disease is reported or suspected to exist. ?be and remcwe

Commissioner may, unless he is satisfied, that adequate arrangements have be!n patient. made or exist for the proper care and treatment of the person who is suffering or IS suspected to be suffering from any infectious disease, remove or cause to be removed such person to any medical institution and extend cecessary medical treatment and shall take such other measures as he may think fit, to prevent the spread of sucli disease.

168. If the Commissioner or any officer authoriseti by him is of the opinion Disinfection that the cleansing or disinfecting of a building or of any part thereof, or of any of building article therein which is likely to retain infection, will tend to prevent or check the and articles. s read of any infectious disease he may himself cause such building or article to b;e ctansed or disinfected, after giving notice to the own:r of the building.

169. In the event of the prevalance of any infectious disease in any area Power to arcier comprised in a rnunicipalitv. the Commissioner, may b notice require the owner or closure of infect- r occupier of any building, used for the purpose of dwe ling or for publlc entertain- ed buildi*

ment, to close such building for such period as'may be specifled in the .said notice!

170. (1) If the Commissioner is satisfied that the water in any well, tank or other Power of Cam-

reservoir within the limits of the municipality is likely to be used, for drtnkrngcpnr- mimqner to

pose$, would endanger or cause, the spmd of any infectious disease, he may ~rohibittuse 'of* public. noti.a.prohiblit the use of such water for drinking and domestic wa~li ,kelyl tbv

tion during such period as may be specifled in.the said notice. spread infection.

(2) If it appears to the Commissioner that any public or private w11'6r

recepta~le of stagnant water is likely to be injurious to public health or brreding

ground to mosquitoes or offensive to the neighbourbood, he shall cause the samb to be cleaned, drained, or undertake such other protective measures as may be considered necessary.

-C

(3) The Commissioner may regulate or prohibit the washing of animals, clothes or oaer thjngs or fishing in any river, tank or pond within the municipal .

Jimit in tbe inLc&ro of public. I~n lrh , J 7 , I t , i t I 4 I I wtrnr*n ~4 \tof~~/h/p

child vl4,Ifwr t/' 1,~ IW ; YWII fu,,,i\y ,,va W N ~ &I,/V,~& U I , ~ ) A ~ , I ~ I I Y I I ~ 11 IY * J I /I\ ~ p d , ~ I N J / ~ W ~ P 1:.'4 ~4 1 1 ~ ~ 1 )/ d 1,111/1.f1d / I / ' ( / r IIII'/E..//~//,A~~~ 11, 1\11 t i i t / , 1 / f i n / / ( / , k ( i h p 1 8 / /k it,& / / I 14 #{I{ IIIC~~II/.!IIIIIC 1 ~ 1 1 4 by 1\14 ( j ~ ~ ~ l r /I,MI~II~ t111/t1 / / I I I C ~ 11, \II/II, attml ' i / ~ N I I Y 111tt 111,

17'!. ( 1 ) Itvery OWIICI or ~ C I N O I I 1111vIrq fl1id C~OIIII(II IIIIV ~ I J I ~ ~ [ ? I I N V ~ I~I I I I I I~ nt ,J hur~ul o r burning rrou~l!l or CJ,~:I)~II~OI~II on the ( I ~ ~ I c 01' ~ : I I I I I I I ~~~~ I I I I I I ( ~ I I ~ f ' I I , I ~ ~ , , ~ ~ J ~ ~ ~ yn,lllltl shall if buch place han rrot alrwly becrr rcgiutcrcd, ;tpply I r l t l ~ ( orrrtc i J I r , IINVC ~ / ~ c h wrr,l crrtn,n(otj4, p k e rceintcrcd withill r u b tirr E and in such mannr.1 N I,I~,Y I,(: p, ar;ojj,ctl

70

shall be opened, Fonnzd, co~~structed or used unless a licerlce has been obtairtcd from the C~mmissi:>ner on an application made in accordance with such rules ;is may be prescribed.

(3) No parson shall bury of burn any corpse except in a place which tias

been registered, licenced. or prov~ded as aforesaid.

(4) The Council shall provide and maintain places to be used as burial or burning grounds or creinatoria either within or outside the municipal limit and may charge and levy rents and fees for the use thereof as may be fixed by the Council :

Provided that where burial or burning grounds or crernaton'a are to be pro- vided outside the municipal limit, previcus concurrence of the Government shall be obtained :

- Provided further that the i~~unicipnlity shall itself ulldcrtake the burial or

. . L cremation of any unclaimed dead body at its own expense. eguisition in 173. No person shall,-

spect of carry-

,g or disposal (a) bury or zause to I)e burried any dzad body in the burial ground unless

f corpse: 2.5 metres of depth from the surface of the ground is made and a margin of cot lzsv

thdn 1.5 metres is allowed on both sides where th:: dcad body is burried.

(b) without the sanction in writing of the Co~nmissioner or a Magistrate reopen a grave already occu2iea; and

(c) carry through any street a corpse or parts thereof not decently covered.

emoval of dead 174. (1) The owner or caretaker of any animal in case of death of such animal nimal in any street o: in any place, sllall within three hours after the death of such animal either-

I (a) remove the dead animal to the place notifed by the municipality ; or

(b) report the death of the animal to the municipality for removing the same.

(2) When any dead animal is removed by the municipdity in pursuance of the report made under sub-section (1) the owner or caretaker of the animal shall pay such fses as may be fixed by the Council.

)isposal of solid 175. (1) It shall be the duty of the Council to keep any public place clean and

~astes and remove the solid wastes by providing solid waste receptacle in proper and convenient

rainage w'ater. ,places and dispose of s u ~ n solid waste by dumping at places notified by the Council within or outside the municipal limit.

(2) Where ilo props drainage system is provided for in the municipal limit or in any part thereof, the Council may make nzcessary arrangements to collect sucli drainage water and dispose of the same in such manner as may be determined by the Council. 4 . .

(3) , I 1 solid waste, rubbish and other materials collzcted by the municipalitj shall be tila property of tlie municipality.

(4) Every municipality shall identify and notify suitable land witXn or outside the mu~licipal area for the purpose of final disposal of the solid wastes:

Provided that the rn~nici?alit}~ shall no1 identify and notify any land for the purpose of final disposal of the solid waste within a radious of ten kilometres

trvm in: atr ficld. ( 5 ) WhiIe notifying the places under sub-section (3!, rhe Councn mall have duc ~enard lo the following factors, namely:-

[ u ) sourccs gcllerati;~q garbage, healt!l an3 environmental aspects;

(0) the facility fcr ~reoaratioo of compost manure and disposal ot the sawe, by ,!e;

71

MAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 103' C _ _ - -_- . _- _-- --- - -- - - - - - - --

(c) where preparation of compt)st isdillire is not feasible or practicable, sanltary land fill methods shall be adopted by tht: municipality, for the disposal of scijd waste at the land fill sitcs in the manner ds rnay be specifled by the Council.

(dl incineration of solid waste may be resorted to by the municipality for the disposal of infcqtious waste generated from the hospitals, nursing homes or health care centres and non-industrial hazarduous waste that may be specifled by the Council from time to time ;

(e) the feasibility of levying special charges from any person cr authority in charge of buildings from which the garbage, solid wastc, industrial or hazar-

duovs or infectious waste is collected ;

(f) appoirrting private agencies for cleaning and removing all garbage and wastage referred to in this section ;

(g) feasibility of providing collection spots and transfer areas in the municipality.

176, (1) The Council may introduce modern methods for clearance of Introduction solid wastes within the^minicipal limit and implement sucll method in accordance of modern with the rules prescribed. metbods for

clearance, of

solid waste in municipality.

(2) The council rnay collect, at such rates 6s t lay be presciibecl , special conservancy charges from ally owner or occupier oi' znl1 building used for public purposes or for commercjal or for industrial purj-oses or used as a nursin~ home, hospital or the like taking into account the services rendered by the mun~dpality

to such places. . t

177. (1) Where any garbage is dumped by any person or i~~stitution i Kemoval or any street, or iu any other receptacle other than that pro~ide for dumping of such garbage. garbage, the Commissioner may arrange for the rerrcval of the same on payment of such sum as may be fixed for each occasion in accorda~~ce with such procedure as

may he prescribed.

(2) The Corrimissioner may require in writing the owner or the occupier

cull' any premises used, -

(i) as a factory, workshop or where any maoufacturing process is carried on, Or

(ii) as a trade ptemises, shop, n~arket or slaughter house, or

(iii) as a hotel, eating house, or restaurant, or

(iv) as a ciiaic, hospital or nursing home, or

(v) as a warehouse or godown, or

(vi) as a public resort, or

(vii) in any other way,

r u rcmove the rubbish, filth, trade refuse, special wastes, hazardous vastes or excrc- mcntitious or polluted matters which are accun?u!ated in krpe quantitiesⁱⁿsuch places nt such time and i n such trailers or receptacles and !..I' such routes as may be specified in the notice to a depot or place provided by the municipality.

(?)If the owner. or occuprer of cnv prl'mises referred to in sub-section (2) fails to

rrntovc as syrcified in tl-e nolit e issued under sub-sectiol? (3), thc ('ommissioner may

arrange f o ~ the removal of the same on such fees, as ma)! he determined hy the Council :

Pro\id::d that si~ch rccs shall not be less than s11ch unit cost of rcmoval of

sr.lid waste (including the cost for debt servicing, depreciation ar:d other charge if any rrt ~rchicles or vesssls or means fur rcrnoval) as the Council nlav deletmine troo

trxne tn time.

72

- - - - 7 -^C_I- - - - -- Legal action

against

persons or

industrial

units for non-

removai UI'

solid wastes

178. (1) If in the opinion of the commissioner, a large tpantity of solid

waste is dumped by any industrial unit, trade or business organisstion in any public street or place or where the owner of a building during the construct~on of such building or otherwise dump such large quantity of debris, the person incharge of su~l . industrial unit or trade or business organisation or the owner of th 'xilding, as the case may be, shall remove the solid waste or dobris from such public place within such time and in such manner as may be not~fied by the or debris Council.

(2) In case where the industrial unit or trade or business organisat~on or the owner referred to in sub-section ( 1 ) fails to remove the solid waste or debris in tho manucr specified under tLat sub-section, the Commissioner may after intima- tion to the person concerned cause such solid waste or debris to be removed and collect the expenses incurred for the removal of solid wastes or debris at such rate and in such manner as inay be determined by the Council. ~pplicabilit y o t

Tamil Nadu

~ c t m of 1939.

Penalties.

Liability of

Chairperson.

Deputy

Chairperson,

councillor,

Commissioner,

officer and

employee for

any loss, waste

or

misapplication.

(3) \V&erz any industrial unit, trarl: or business organisation or an?

cwner referred to in sub-scctlon (1) violates any of the provisions of that sub- section continuously, for such wilful non-compliance, such industrial unit. trade or business organisation 01. the owner of the building shall be liable to be punished with the penalty provided for under this Act.

Expl?nation.-For the purpose of this section , wilful non-comphance shall mean the failure to comply with the provision of subsecticn (1) by any industrial unit, trade or business orgainsation or the owner referred to in that sub-section as the

caw may be, for more than three occasions.

179. Without prejudice to the provisions contained in tbe Tamil Nadu Pubhc Tamil Nadu Health Act, 1939, for the purpose of enforcing the provisions of this Act relating P.ct UI of 1939. to Public Health and other matters connected therewith, the Commissioner or any OfEcer authorised by him in t k s behalf, may apply all or any of the provisions contained in the Tamil Nadu Public Health Act, 1939 and the provisions contatned in the said Public Health Act shall mutatis mutandis apply in relation to matters covered under this Act.

CHAPTER XI.

PROCEDURE AND MISCELLANEOUS.

180. Save as otherwise provided in this Act, any person wbo contravenes any of the provisions of this Act or the rules, by-laws or regulations made or any order or direction issued thereunder, shall, on conviction, be punishable with fine which may extend to ten thousand rupees and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention :

Provided that in the absence of special and adequate reason to the contrary to be recorded in the judgment of the Court, the fine shall not be less than five hundred rupees.

181. (1) The Chairperson, Deputy Chairperson, Councillor, Commissioner or any officer or employee of the municipality shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the municipality, if such loss, waste or misapplication is a direct conse uence of his 3 neglect or misconduct and a suit for compensation may be institute against sucb 'Chairperson, Deputy Chairperson, Councillor, Commissioner, officer or employee

of the municipality by the Council with the previous sanction of the Government

or by the Oovernment.

(2) Every such suit shall be commenced within three years seer the date on which the cause of action arose.

Limitation 182 No distraint shall be made, no suit shall be institvted and 30 prosecq- forreccvery tion~hallbecommencedinrespectofanvsumduetothemunicipalityunder thls of dues. Act after the expiration of a period of six years from he bst day of the period in respect of s p h sum is claimed or in case the same is not claimed in respect of any specific period, from the last day of the year in whlrh ttie claim arose.

73

- - - - -- - -- - - ---

!MIL NADII GOYERNMENT GAZETTE EX1 KAORDINAKY 103

183. ( 1 1 Wherc ths Ch?irp~r9>1, 9:puty Chairp:rsm, or c ~llr~cillirr or Sanction tbr Comaissioner or arty o7i:er or e nployee of the municipnlity is accused of any prosecution of offence alle&eJ to llavz been c~in111itte.i by hi111 while acting or purporti ig to act Chairperson, t

8 in the discharge of his oficial duty, no magistrate shall take cognrzance, of Deputy

I such oRsnce except with the previous sanction,- Chairperson, councillor,

Commissioner

(i) in the case of Chxirperson, D3puty Chairperson, Councillor and or any officer Cornmissloner, tha Gsvernment ; and or employee o f

m i nici~ality.

(ii) in the case of an officer or an employee of the mllnic.pnltiy, the Direztor or the Commissioner, as the case may be.

1 I

154 The Chairperson, Deputy Ciiairperson, councillor, Commlssloner ana chairperdon, offiazls and employees of the municipality who are entrusted with the execution of Deputy Chair- any fu.iction under this Act acting or purporting to act in pursuance of any of the person, provisions of this Act or the rules or the byelaws or the regulations made thereunder Councillor, wfal A:t shall bs daem~d to b: public servants within the meaning of scction 21 of,& the Lcommissioner,

&V of 1350. Indian Penal Code. officer atid

employee to be publio servants.

185. The Government may empower any officer or enlployee of a mun~clpality Exercise of to uxercise the powers ot a Police Officer for the purpose of this Act and the rules powers of

made thereunder. Police

officers by municipal officers and

emplcyees. 156, No court shall take cognizance of aly off enoz agninst this Act, or any Cogntzance of

rule, byc;ldvo, reg~latiotl or order made under it whether committed within or outside ofiences. the tnunicipal limit unless, a complaint is made by the police or the Commissioner .or by a pjrson expressly a ~thorised i n this behalf by the Co~n:il

187. No suit, prosecution or other legal prbceeding shall lie against the Govern- Protection of mellt or the Cha~rpersoc, Deputy Chairperson, councillor, Commissioner or officer action taken

or any einployee ot the municipality for anything which is i n good faith done or gocd faith. lintended to be done in pursuance of this Act or of any rule, byelaw or regulation or order made thereunder.

158, (1) Wnsre an offence against any of the provisions of this Act or any Offences by rule, bjelaw or regulation made or any order or direction issued thereunder has companies, been committed by a cdmpany,every person, who, at the time the offe~lce was commit- .;tad, was inchvge of, and was responsible to the company for the conduct of the business 01 thecompany as wall as thecompany shall be deemed to be guilty of the offence and . . . ' ,$ shall be liable to be proceeded against and punished accordingly :

f ( Provided that nc t'lin: contained i n this sub-section shall r.cndcr ally sucll pcrson liable to any punishment,if he proves that the ollence wascommitted without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything oontained in sub-section (I), where any suoh offence - has been committed by a company and it is proved that the otfence has been committed with theconsent or co;lnivance of, or is attributable to any neglect on the $art of, any director, manager, secretary or other officer, of the company, such dirsctor.manager, secretary or other officer, shall be deemed to be guilty of that oRenca and shall be liable to be proceeded against and punished acco~dingly. Explanation.-For the purpose of this section,-

(a) a aompany ?leans an)! body corporate and i~~cluder]l a - rrust, . ararm, a

.society or other association of ~ndiv~duals, and

(b) "director" in relation to-

( i ) a flrrn, means a partner in the firm ;

(ii) a society, a trust or other association of individuals, means the person who is entrusted under the rules of the society, trust or other association, with the management of the affairs mot the society, trust or other 1 i sociation, ;la theoaso may be.

74

=lection or o r temporary ~njunction or r r , ~ k ~ any interim order restrs.1nii g an> p,cceaing asssment which is being or about to be taken under this Act for the-

proceedings.

(a) preparation or publication of electoral rolls,

(b) conduct of any election, or

(c) preparation, revision or amehdment of assessment book. 3wer of entr) 190. The Commissioner ar any person authorised by him in this behalf mzy enter to inspet, ~ n t o ally building or land with or without assistance of workmen, in crdcr to z z k e survey or any inquiry, inspect~on, test, examinalion, survey, measurement 01. valuation, or executmork. tor the purpose of la\vfully placing or remoying ~xeters, instr~n;ents, p i p s c r apparatus or to execute any other ~ o r k ~ h l c h 1s authorised by the prcvisicns cf this Act, or of any rule, byelaw, regulation or order made under it, or tihere it is necessary for any of the purposcs ci thls Act or in pursuance cf any cf the :aid prcvisicns to make -or cxecuto:

Providrd that,-

(tr) no such cntry shnll bc madc after sul~sct or bcfcrc sunrlse ;

(b) no place used as a duelling hcuse or no part cf a pub ic building which 1s

used as dwelling house shall be entcred without giving t~jenty-four hours previous I nolice of the intent~oii to in ~ k e such cnlry ; and

( c ) such inspection shall be 13iade in so far as it is practicable ensuing privacy to the female mcillbels residing in such dwelling house.

I 'aymnt of 191. If, cn account of ary act or omission, any person has been convicted of an

mmpeosatior offence against the provisions af this Act or against any rule, byelaw, order QS

I for damage to regulation made under it and by reason of such act.or omission, damage has been I munic'il causea to any property owned or vested in the munic~paliry, the said person shall pay oroperty. cornpensatton for such damage, notwithstandifig any punishment to which he may

have been sentenced fcr the said oflence. In the etent of dispute the amount of

compensation payable by the said person shall t c determined by the magistrate , before whom he was convicted of tho said offence on an application made to him for

the purpose, by the Con~missic!ner n ~ t liiter than three months frcm the date of ccnviction and in default of pa)n:ent cf the ;n-c rnt a1 ccn yer Fcllc r, sc deiernined, it shall be recovered under a karrant from the said magistrate as if it \\ere a fine

iuflicted by him on the person llable therefor. Probibit ion 192. (1) No person shall lcmove any mark set up for the purpcse of iadicating

a ajnst removalY any level or direction incidental to the execution of any work aathoriscd by this Act of any rnunieip~l..or by any rule, byelaw or regulalion or order made thereunder. property.

(2) h o person shall, without authority in this behalf, remove, destroy, deface otherwise obliterate any notice or nanie board exhibited by or under the orders of the

Council or the Con~missioner.

(3) No person shall, without any permission from the Commissioner, remove

earth, sand, or o.:.-r materials from any land vested in the xuniciyaiity or river bank

canal, bqcr

Erohibit~o;~ 193. &o;pcrson shail obs!~ uct or in Iany'way disrupt the Ccuncil, ths Ch~irperso~, agiiinst obsfri .~- D c ~ u l y Clv~rpcrson, councillrr, Commissioner, employee of the COL ncil or cfftersop

tion of murlici- any wrs(\n ~ i l h ~ h n ~ n a contr~.cl 113 s bccn entered illto on behalf cf the mnnjcipaJititp

p:~l at~r horitil's. in tho pcrfcrmancc of his duty or of anything which he is cmpoweed or to ofilccrs 01 do by virtuo of or i n consequence of this Act or of any r ~ l e , byolaw or regulation 0s

employee of order m d e thereunder. municipality

and co ntractosr.

75

194. (1) Whon aqy notice or other d ic . mcnt Is rcq ..Ired by this Act,or by M ~ M of

r ~ l e , by- la^, rag, lntion or order mrtia t he1 c~.ncl{ r to oe served on or sent te

person the servlce or sending th:rccf inay be effected- dxuma.

(a) by giving or tendering the said doc..ment to s ~ c h pcrson F or

(b) i f such pcrsog is not toc.nd, by leaving s ch dcc. mcnt at !)is last kno\stm place of abodc or businoss or by giving or tendering the sane to his agent,.clark or. servant or some adult membcr of his family ; or

(c) if a.ch pcrson does not reside in the municipal nrca and his address elsg..

arberr: is known to the Cominissioncr, by sending the same to him by registered post;;

(a) if none of the rn&?ns aforesaid bo nvnilable, by aflixing the same in sow

oonspic~-o~s part cf s ~ c h place of abcde or busine.ss.

(2) When the person is an owner or occupier of any building or land it shal

not be necessary to name the owncr or occupier i n tllc d o c u ~ n c ~ ~ t , ar,d in the case ob joiilt ownersand occupiers it shall be suflicient to servc it cjn,ol scnd i t to,oneof s w b owners or occupiers.

(3) Wllenevor in any bill, notice, form or othcr document served o r sent

under this Act, a period is fixed within which any tax or othcr sum is to be paid or any work executed or anything provided, such pcricd shall ,in t he absence of the express provision to the conlrary in this Act, be calculated from the date of such repnoen or sending by registered p: st.

195. All pcrsons autltorison by rule to conduct inquiries powerof pnd all inspectinp, or supe14nten0ing. f 1 crs hclding c,ny inquriy into mattersfalling soam+ within the scope of their duties, shall have for tho purposes of such inquiries the same uctjn -or,

powers in regard to the issue of summons for the attendance of witnesses and the a d ot

Revenue Summons Act, 1869 and the provisions of sections ::, 3,4 and 5 of that Act,

production of documents as are conferred upon rovcnuc cfficers by tho TamilNadu ioqu!riar, 69, and the rule., made undcr th?t Act shall apply to surnmoris issued and to persons summoned by virtue of tha pDwers cocfcrr~d by this s~~ction ; and all persons lo whom summons a1 e iss!lad by virlua of the said powers s l~nl ! bo bound to obey such

summons.

196. The Co~ninissioner mny sumrnon any person to m e n d before him, and t o Summcm give: evidence or produce documenrs,as the case may bf., i n lespcct of any questic n altcrd e t d relating to taxation, 01 i nsgectioll, c r reg i s f~a t j~n ,or 1 0 tIic plrtnt cf a n j licerce,cr CV~BCMC ~f wrmissic n under the provisions of this Act. tfodp~b

thunwdr.

197. (1) If any difficulty arises in giving cflecf to t l ~ c p!c)visivns r - f this Act, th'e- to

Gowrnment may, by ~ r d e r published in t l ~ c T?.vil S 2 . d ~ Gcverl?ment Gazttq ramom mhkc such provisions, not inconsistent with the provisions of this Act and to be in df-kka

confolmity with the provisions of the Consfittition (Seventy-fourth Amendment) A=!, 1992 as appear to it to bo necessary or expedient for renovrng the difficulty r - provided that no such order shall be made after the expiry of a pertod of two

pears from the date of commencement of this Act.

(2) I n pflrticular, and without prejudice to tho generality of the foregoIng

power, such rulos may provide for all rn any of the following matters, namely:-

(i) the prinoiples to be followed in regard to the exclusion of any locahrm from or inclusion of local area in a municipality under clr.use ((1) of sub-don (8 of section 3,

76

( i i i ) all matters relarillg to Ihc co llucr of elecfion not expressly

c~rovidcd for in this Ac! inclueing deposits to bc made by the cartdidace stallding fol election ant the coneilions unc'er which such depositsirnay be fotfeited and to

conduct of inqe..;ries and the decision of disputes relating to electoral roll.

(iv) as to the interpell~ticnof the Chairpersor,,D.:puty Chnirpcrson and counci~lcrs of the munidpality and the moving of ronc~lutions at mcetings :

(v) as to the c~nstitulioll cff committees of the municipality and tltc delegation of func:io~ls to such committees ;

(vi) prcv'ding for the procedure to be follrwcd ;?t nicefingq cf the ~nunioipality and at commilteos t Il~rccf and for t11e condcct 01 business and the Oumberof members ,,'-;011 shall form a cluorultl at any n~ca~ing ; -

(vig as to the powers (it 1113 n ~ i i n i ~ i p ~ l ~ f y :tnd i t s Chairpzrson e.nd ccmmittees tllerco! w~th respect to the incurling of expelidit i~rc and tbc powers and duties of the Co~nmissioncr :

(viii) providi~lg for thl: travclli~?? and othcr allowances of tI~e Chairperson

Dcpaty Chairperson, and councillors, a lid oi n~crnbcr of the comniittocs of the nlilnici. pality;

(ix) as to llle dclcgritio~ c f ftinc!ion of a mr~nicipnlity to the Chair. pelson, Deputy Chairperson arid councillor of lnunicip~lily or any servant of the municipality ;

' (x) for thc illvestment of the moneys of the municipality and for the manner in whieh such nIor,eys nlzy be drawn upon ;

(xi) as to the estimates ot'reccipls and expenditure. returns, state

ments and reports to be submitted by municipality;

(xii) as t o the pre~aration of plans and estimates for wo&s and the power ~f vari~us authorities to rrccord technical or administrative sanction to estimate ;

(xiii) as to the powers of auC itors to d is:illow and surch~rge items, appeals abainst or,: ers o!' cisallowan-e or sur:i-arbe and recovery of sums

cisaHowea or surcharged ; {xiv) as to the pol xrs of au ' it91 s i;lsi-ecti;lg and superintenc!ing .officers and officers autho.tsecl to holtr inquiries to summon arid exelninc witnessess and to compel the pro~~uction of c~ocurnel~ts ancl all other matters connected wilh audit, inspect io:l and superir,tend ecce ;

, .

(xv) as to the conci itions on which prorerty may ke acquired by a T . municipaltiy or on which property vested in or belonging to a mun~cipality may be

transferred to Government Denartments Iw sale, mortgage, lease, exchange or

.otnerwisc:

(xvi) as to the conditions on which and the mode in which contracts rimy be made ky, qr ,on behalf of municiplaity; +, / I . ( I , , >

(xvii) the form in which, the terms and conc itions subject to which and the period for which a lice~lce und er section 102 lnay be granted ;

I I

: 5. - ' :,, ,.i ^'t:<, , t^q. J

,i::.~ I (icvi I I) ;he fei 'to he paid in resyect of ary application for grant .or recewal of licence and for appeal unc'er this Act; and .. !ic r r, 1 ' , 1:

( k ~ x ) , lftny @,hey m i d ~ ~ e r , w ~ i c h is required to be or may be prescribed under thls Act,

R? I(%. Wbide haki"g~:ntles i~hd?i-, this section the Government mey make different

prov i s~o~s ikhich.wobld $c aofilicc~hlc .to' tllc ~nunici~alit ies as grouped below :-

4. Group - Chennai Municipal Corporation;

77

Group - Munfcipll Corporation other than Chennai a d Special Orad$

Municifiit~es ; C Group -Selection grade and first grade M~~niciyalitics ;And

D Group-Second grade Milnicipalities and all grades of Tcwn Panebyat.

All rules made wader this Act shall be revie~vcd by thu

Ooostnmnt atfeast onco in avory ten years and nccesswy ~.llemticns and mcdiI3cations be made to meet the prevailing contingar.cies and for updafin~rha said rules.

(5) (a) All rules made under r this Act shall be published in the Tamil Nadu Oovernmant C~azette and unless they are e x p s s c d to ccw into force on a pwticular day shall ccme into force on ?he date on which they are

(6) Allnotifications isstfed under Chi$ Act shall, unless 1 &a expressed to come into force on a particular day, shall mms into force o n ! dob.

on which they are pdished

(0) Evtryrute madeunderthis Ad,ar,rleyeryc.rler issuedunderstction

197 shall, as smn as possible after it is issued be pla~cd o n the tt ble of the tej@- latrve Assembly, and if , before the expiry cf sessiolt in chick it is ss placed or the next session, the Assembly makea any modification in any such rdc or

order or the Assembly decides that the rule or order should not ke made or ism&,

the rule or order shall tha:=fter have effect only in such modified fonn or be

of m efted, as the wse my he, so, however that any such rnoc'ifimtioa or

' armnl men1 shall be without p~ejudiee to thevalidityo! any thing previwdy done under that rule cr c.n'err

199. ( 1 ) The Cculnoil may, with the approval of the Erector, make hp-Saws Regulations and

and rwlations in relation to any of the matters expressely pro\lidcd for in this !& bp-bwsto 2' ~ c t and also for matters oonnecqed with the administration of ths rn vnici~altity h c d . ~ ~ tit. mt hconsistant with thc provigions of this Art a!ld the rules framed r heret. n6er Council. and the iastmctjons issued by t t e Government f ~ o m time ti? time,

(2) Th? Cnu~lcil may ~lso prcvida penalties in the by-kws and

ragutations, and for violation cf such by-Ians and regulaticns in accordanca

d t h the rules framed under this Act.

(3) All by-latvs and regulatiofis nl:.dc ul~rlcr this Act shall be

published In such manner as may be prescri bcd.

(4) If the Council has failed to make any regulation or by laws or if the regula- '

tion or by laws made by it are not in thc opinion of t i ~ c Covct nn-cnt adequate, the Govtmment, may by an order direct the Council to follow the gui,,:ines

specifled therein and the Council shall give e&ct to such ciscision.

(5) When any by-law or rcgulrition hes bccn rn:~clc uqder ?hit Act, w h by-law or regulation shall be published jr: the Diitl i.t Gazetk fn ~arail and s h d come into force on the cat2 of s ~ c h put;lication in T a ~ a

200. (1) The fo3lowing Acts are hert by repealed, namely.-- Repeal me

-%

[a) the Chcnnai City Municipal Corporafion Act, 1919 t

19. - . & Group) IV-2 (EX.) 398- 12

78

{c) the Madurai CJy hlunicip,rI Corporztion Act, 1971 ; Tamil Nadu Act

(d) tkLe Coiinbaiore C t y hlcnicipal Corporation. Act, 1981 ; Tamil Nadu Act Ihe iiruohimppal1i U l y bl&iciyai ~orpdration A E ~ 19;4. : . Tan8 Kadu Ad

, ' 27of 1994.

. .,

if1 the T~runelveli City Municipal C~rpor~ttion Act, 19Y ; ;, -<**1. .. ' . ,. ,.. ... 9 . - . .....,. (i) the Salem City Municipal ~o i io r s t ion A&, 1991.

L.

, - -, ,

43) :Notwithstanding such r:peal,-

I .

. (a) any person holiling office immediately before tile date'of the'

commencement of this Act to Chairperson, Deputy Chairperson or - Co~.nciMor

of any nii~nicipality under the relevant Acts referred to in sub-section (1) shall on

such conllnencement continue to hold the said office until the expiry of the term of

ofGce; for1which he has been elected and he shall exercise all powers 2nd peiform

alt_duties conferred on such Chairperson, Deputy Chairperson or' CGI nti]ior hy or under the provi ,ions of this Act ;

(b) any committee constituted under the relevant Acts referred to in sub-

I

section (I) shall be deemed to have been constituted under this Act and functi&ing imrnediatzly before the date of the commencement of this Act, shall continue to function and exercise such powers and perfolin such duties conferred by o r under tile relevant Acts, referred to in the said sub-section ( I ) until they are ~ o n s t i t u t e d or dissolved undcr this Act ;

(c) all rules, by-laws, notifications, notice, orders, direetioxis or any other issued and schemes framed and works sanctioned by the Government

or the mullicipality concerned immediately before the date of the commencement

of this Act shall so far as they are not inconsistent with the provisions of this Act, continue to bz in force and be deemed to have been issued or framed or sanctioned

under thc provisions of this Act until they are superseded or modified ar reissued

m~der tI12 provis~o,. ,*r 111;s Act;

79

TAMIL NADU GOVERNMENT GAZETTE EXTRA0

--

RDINARY

(d) all property whether movable er immovable and all rights and interest of wll%tsosvar kin1 owned by or vested in or held in trust, by, any munieipality immediately, before the date of the comrnesccrnent of this Act as well as liabilities Zegally subsisting shall stand transferrzd to, and vest in that municipalitv which

1.

i: is dzcmed to have been constituted under this Act:

I

( e ) all things done, made, instituted, executed and appointed by the

I mxnicipal corporations, municipalities, town pancllayats under the relevant

Acts rzfcrred to in sub-section (1) before the comnencement of this Act shall be i

b deemad to have bsen done, made, instituted, executed or appointed, as the coab may L be, by the municipal corporations, rnutsicipaliies and town pancha>:ts deemed to have bea constituted under the provisions of this Act.

(By order of the Governor)

K. PARTHASARATY,

-.Secretary to Governmtnk

Law Department, - - - -

PRINTED AND PUBLZSJ3BD B% 'IHE OX7 STATIONERY AND

ON BEKALF OF THE GOVERNAWBSNT OF T.4MIL NADU.

80

The following Act ofthe TamiI Nado l,egislative Asembly rcc:ived the assent of the Goverqor on the 14th Decmbcr 1099 and is hereby pitblished for ~eneral information:-

ACT No. 54 OF 1999. An Act to amcnd the Tainii VaVadt Urhnn Local Bodie~ Act, 1993. BE it enacted by the Legisla1 ive Assembly of the State of'Tami1 N a d ~ in the Fiftieth Year ofthe Republic of India as fo1l11us:--

1. (1) This Act ma). bu crdled the Tamil Nadu Urban I,ocnl Bodies (Amendment) Act.

1999.

(2) It shall come into force at once.

milN;~rlu ~ c t 2. In section 2 ofthe Tamil Nadu Urban Local Bodies Act, 1998 (hereinafter referred to ~f 1999. as the principal Act), in clause (20), for the expression "as it notified", the expression "as is notified" Shall be substituted.

3. In section 3 of the principal Act,- ( I ) in sub-section ( I ) , -

(a) afierthe expression "by notification", the expression "declare his intention" shall be inserted;

(b) for the expression "constitute any local area", the expression "to constitute any local area" shall be substituted;

(2) in sub-section (2),-

(a) in clause (b), for the expression "under sub-section (I)", the expression "under sub-section (I) or under clause (a) of this sub-section" shall be substituted;

(b) in clause (d), after the expression "by notification", the expression "the constitution of" shall be inserted;

(c) in clause (f), for the expression "The inclusion of any village panchayat", the expression "The constitution of any village panchayat as a mu~iicipelity or the inclusion ofany village panchayat" shall be substituted.

4. In section 10 of the principal Act,- ( 1 ) in sub-section (2). for the expression "Unless the Tamil Nadu State, Election Commission otherwise directs, no casusl vacancy", the expression "No casual vacancy" shall be substituted;

(2) in sub-section (3), the expression "but subject to the provisions of sub-section (2)"

shall be omitted.

5. In section 12 of the principal Act,-- ( I) in sub-section (4),-

(a) for the expression "while undergo~ng the sentence", the expression "while the sentence is in force" shall be substituted;

(6) for the expression "five years", the expressiorr "six years" shall be substituted;

(2) in sub-section (5 ) , for the expression "five years", the expression "six years" shall be substituted;

(3) after sub-section (7, the following sub-section shall be added, namely:-

"(8) If the Tamil Nadu Skte Election Commission is satisfib: that a person,- Short title and

commencement.

Amendment of

section 2.

Amendment of

section 3.

Amendment of

section 10.

Amendment of

section 12. -

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and

81

(6) has no good reason or justification for the failure, Amendment of

section^25.

Amendment of section 28. Amendment of section 3 1. - Amendment of section 34.

Amendment of section 37.

Amendment of section^38. Amendment of section 42.

Amendment of section 46.

Amcndrnent of section^49. Amendment of section 50. Amendmcnt of section^52.

Amendment of section 57.

the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadzi Government Gazette, declare him to be disqualified for being elected as, and for being, a councillor or chairperson, as the case may be, and any such person shall be disqualilied for a period of three years from the date of the order.".

6. In section 25 ofthe principal Act, in sub-section (3). for the expression "by the presiding offtcer by", the expression "by the presiding officer" shall be substituted.

7. In section 28 ofthe principal Act, for the expression "requisition on such buildings", the expression "requisition such buildings" shall be substituted.

8. In section 3 1 of the principal Act, in sub-section (21, for the expression "guilty by an agent", the expression "guilty by act of an agent" shall be substituted.

9. In section 34 of the principal Act, in sub-section (I) , for the expression "present at that meeting and elected by the councillors present at that meeting", the expression "in the panel referred to in section 47 in the order ot'their names mentioned in that panel" shall be substituted.

10. In section 37 of the principal Act, after sub-section (I) , thc following sub-section shall be inserted, namely:.--

"(1-A) The councillors shall be elected by the persons whose names appear in the electoral rolls relating to the wards of the municipality in acco-dance with such procedure as may be prescribed.".

I I . In section 38 of the principal Act. in sub-section (2), for the expression "under this section", the expression "under clause (a) of srlh-section ( I ) " shall be substituted.

12. In section 42 ofthe principal Act, in sub-section (4), for the expression "sub-section (2) or involves", the expression "sub-section (2) involves" shall be substituted.

13. In section 46 of the principal Act, to sub-section (I), the following proviso shall be added, namely:-

"Provided that the Chairperson shall have the right to vote in the election ofthe Deputy Chairperson.".

14. In section 49 ofthe principal Act, in sub-section (I) , the following shall be added at the end, namely:-

"The powers and functions of the wards committee shall be such as may be notified by the council.".

15. In section 50 of the principal Act,-

(1) for the expression "municipality" wherever i t occurs, except in the opening portion of clause (ii) of sub-section (I), the expression "council" shall be substituted;

(2) in sub-section (8). for the expression "Councillors", the expression "councillors, the Chairperson and the Deputy Chairperson" shall be substituted.

16. In section 52 of the principal Act, in sub-section ( I ) , in clause (a), for the expression

"disobey or act", the expression "disobeys or acts" shall be substituted.

17. In section 57 of the principal Act,-

(I) sub-section (6) shall be omitted;

(2) 1 1 . --lh-section (7). the following expression shall be added at the end, namely:-

..

"and he shall report the action taken under this section and reasons therefor to the council at its next meeting.";

82

-AI_ . _ _ -- 7 TAMIL NADU GOVERNMEN'T CiAZE'I'TP EXTRAORUINAI

-- --- - , 243

(3) in sub-section (8), the expression "and he ;hall report the action taken under this section and reasons therefor to tlie council at its next meeting" shall be omitted.

18. For sections 59 and 60 of the principal Act, the foliowing sections shall be substituted, Substitution of namely:- sections 50 and

- 00.

"59. Classification Qf ooflicers ondsen~onts m rnunrcipul service, : 1) The municipal services mentioned in sub-section^(I)of section 58 shall consist of such classes of officers and servants of the municipality, and each such class shall consist of such categories of posts, as may be prescribed.

60. Recnrilment and conditions of senpice.--The recruitment and other conditions of service of officers and servants to the posts included in the municipal services mentioned in sub-section (I) of section 58, shall be such as may be prescribed:

Provided that the provisions of this section shall not apply to the Government servants employed in the municipality.".

19. In section 63 of the principal Act. in sub-section (2), for the expression "audited by a Alnendlnent of qualified auditors", the expression "audited by qualified auditors" shall be substituted. section 63.

20. In section 80 ofthe principal Act, in sub-section (I), after clause (a), the following clause ~ ~ ! ~ ~ d ~ ~ ~ ~ of shall be inserted, namely:- sect~on 80.

"(aa) Profession tax;". I 2 1. In section 8 1 of the principal Act, for sub-sections (3) and (4). the following sub-section , Amendment of shall be substitu.ted, namely:- section 8 1.

"(3) The resolution passed by the council shall be published in such manner as may be prescribed.".

22. In section 87 of the principal Act,- Amendment of I section 87. (1) for clause (c), the following clauses shall be substituted, nan1ely:- I

"(c) buildings u;ed for educational purpose including hostels attached thereto; I (cc) places used for the charitable purpost: of sheltering the destitutes or animals and orphanages, homes and schools for the deaf and dumb, asylum for the aged and fallen women and such similar institutions, run purely on philanthropic lines as are approved by the council in accordance with such rules as may be prescribed;";

(2) in the proviso, for the expression "clauses (a), (c) and (e) shall be deemed to exempt any building or land from property tax any building", the expression "clauses (a), (c), (cc) and

(e) shall be deemed to ertempt any building or land from property tax where any building" shall be substituted.

23. In section 92 of the principal Act, in the second proviso, for clause (b), the following Amendment of clause shall be substituted, namely:- section 92.

"(b) of an election to the Parliament, Legislative Assembly or a Municipality; or.". -

24. In section 94 of the principal Act, in sub-section (I), in clause (b), after item (v) and the Amendment of entries relating thereto, the following items and entries shall be added, namely:- section 94.

"(vi) Release of Benami right in favour The market value of the property as set of persons excepted under sub-sec- forth in the instrument, and in a case tion (3) of section 4 of !he Benami where the market value is finally deter- Transactions (Prohibition) Act, mined by any authontyundersection47-A

1988 (Central Act 45 of 1988) of of the Indian Stamp Act, 1899 (Central immovable property. Act I1 of 1899), the market value as so determined by such authority.

83

1

ol'the Indi:~n Strunp Act, 1899 (Central Act I I OF l899j, rhe market value as so determined by such auihority. Expla~zaiiurr.---For thi: illirposr of this item, the word "fami!yV shall have the same meaning as in the Explanation to item (ⁱ⁾of L;ause ld^joTA~trc' -²⁸ in Schedule I to the ladian Stamp Act, 1899 (Central Act I1 of 18s:9j, as arneiided by the Indian Stamp (Tamil Nadu Amendment) Act, 198 1 (Tarn? Nsdu Act 42 of 1981).".

Amendment of 25. In section 100 of the prirlcipal Act, to sub-sec~ion (I), the following proviso shall be seaion 100. added, namely:-

"Provided that no appenl shall beentertained hy the Taxation Appeals Committee unless the appellant .:.qosits with the low11 panchayat or the municipality, as the case may be, thc entirp atnount assessed by the Commissioner in the revision.".

Amendment of 26. In section 102 of the principal Act, in sub-section (1). far tlre expression "as rnay be section 102. prescribed. Such licence sha!l be renewed every year", the following expression shall be substituted, namely:-

"and for such period not exceeding three :,ears having regard to the nature of trade or business, as may be yrescrib~d. Such licence may be renewed for a period not exceeding the period for which it was granted.".

Amendment of 27. In section 1 14 ofthe prirlcipal Act, in clause (b). for the word "and", the word "or" shall section 1 14. be substituted.

Amendment of 28. In section 1 15'of the prii~cipal Act, in sub-section (3), for the expression "or such other . section 1 15. order". the expression "or pass such other order" shall be substituted. insertion of 29. After Chapter VI of the principal Act, the following Chapter shall be inserted,

new Chapter namely:-

VI-.A.

"CHAPTER - VI-A.

TAX ON PROFESSION, TRADE, CALLING AND EMPLOYMENT.

1 17-A. Definitions.-For the purposes of this Chapter,-

(a) "employee" means a person employed on salary and includes,-

(i) a Government servant receiving pay from the revenue of the Central Govem- ment or any State Government;

(ii) a person in the service of a body whether incorporated or not, which is owned or controlled by the Central Government or any State Government, where such body operates within the municipal area even though its headquarters may be outside the municipal area; and

(iii) a person engaged in any employment by an employer, not covered by sub- clauses (i) and (ii);

(b ) "employer" in relation to an employee earning any salary on a regular basis under him means, the person or the officer who is responsible for disbursement of such salary and includes the head of the office or any establishment as well as the Manager,or Agent of the employer;

' :

(c) "half-year" shall be from the 1 st day ofApril to the 30th day of September and from the 1st day of October to the 3 I st day of March of a year;

84

(e) "person" means any person who 'is engaged actively or otherwise in any profession, trade, calling or employment in the State of Tamil Nadu and includes a Hindu undivided family, firm, company, corporation or other corporate body, any society, club. body of persons or association, so engaged, but does not include any person employed on a casual basis;

u> "tax" means the tax on profession, trade, calling and employment levied under this Chapter.

11.7-B,Levy ofprofession tax.- (1) There shall be levied by the council a tax on profession, trade, calling and employment. , ;,

(2) Every company which transact business and every person, who is engaged actively or otherwise in any profession, trade, calling or employment within the municipal area on the first day ofthe half-year for which return is filed, shall pay half-yearly tax at the rates specified in the Table below in such manner as may be prescribed:-

Seriol Average half-yearrly income. Ha&yearly tar. Number.

(1) (2) (3)

I From To I Rs. Rs. Rs. i I Upto Rs.2 1,000 Nil

2 21,001 30,000 60

! 3 30,OO 1 45,000 150 6 75,OO 1 and above 600

(3) The rate of tax payable under scb-section (2) shall Ire pllblished by the Commissioner

85

(8) Every person who is liable to pay tax. other than a person earning salary or wage shall furnish to the Commissioner a return in such form, for such period within such date and in such manner as may be prescribed:

Provided that subject to the provisions of sub-sections (1 0) and (1 I), such person may make a self-assessment on the basis of average half-yearly income of the previous financial year and the return filed by him shall be accepted without calling for the accounts and without any inspection.

(9) Every such return shall accompany with the proof of payment of the full amount of tax

due according to the return and a return without such proof of payment shall not be deemed to have been duly filed.

C

(10) Notwithstanding anything contained in the proviso to sub-section (8), the Commis- sioner may select ten per cent of the total number of such assessment in such manner as may be prescribed for the purpose of detailed scrutiny regarding the correctness of the return submitted by aperson in this connection and in such cases final assessment order shall be passed in accordance with the provisions of this Chapter.

(1 1) If no return is submitted by any person under sub-section (8) within the prescribed period or if the return submitted by him appears to the Commissioner to be incomplete or incorrect, the Commissioner shall, after making such enquiry as he may consider necessary, assess such person to the best of his judgment:

Provided that' before taking action under this sub-section, the person shall be given a reasonable opportunity of proving the correctness or completeness of any return submitted by him.

(12) Every person who is iiable to pay tax under this section, other than a person earning salary or wage,-

(a) shall be issued with a pass book containing such details relating to such payment of tax as may be prescribed and if the pass book is lost or accidentally destroyed, the Commis- sioner may, on an application made by the^pwnn accompanied by such fee as may be fixed by the Council, issue to such person a duplicate of the pass boob.;

(b) shall be allotter' a permanent account number and such person shall,-

(i) quote such number in all his returns to, or correspondence with, the Commissioner;

(ii) quote such number in all chalans for the payment of any sum due under this Chapter.

(13) The rate of tax specified under sub-section (2) shall be revised by the Council once in every five years and such revision of tax shall be increased not less than twenty-five per cent and not more than thirty-five per ceat of the tax ievied immcdiaiely before the date of revisiorl. 1 17-C. Employer's liabilip to deduct and pay tar on behalfof the employees.-The tax

1

I payable by any person earning a salary or wage shall be deducted by his employer from the salary payable to such person, before such salary or wage is paid to him, in such manner as may be prescribed and such employer shall, irrespective of whether such deduction has been made or not when the salary or wage is paid to such person, be liable to pay tax on behalf of such person:

Provided that if the employer is an Officer of the State or Central Government, the Government may, notwithstanding anything contained in this Chapter, prescribe the manner in which such employer shall discharge the said liability.

1 17-D. Filing ofreturns by employer.-(l) Every employer'liable to pay tax under this Chapter shall file a return to the Commissioner, in such form, for such period and by such rate as may be prescribed, showing therein the salaries paid by him to the employees and the amount of tax deducted by him in respect of such e~npioyees.

86

--. 247

(2) Every such return shall accompany with the proof of payment of the full amount of tax due according to the return and a return without such proofof payment shall not be deemed to have been duly filed.

t 17-E. Assessment of the employer.--( I) The Commissioner. if satisfied that any return filed by any employer under sub-section (I) of section 1 17-D is correct ard complete, shall accept the return.

(2) Where an employer has failed to file any mum &subsection ( I ) of section 1 17-D

within the time or if the return filed by him appears to the Commissioner to be incorrect or incomplete, the Commissioner shall, after making such enquiry as he considers necessary, determine the tax due and assess tlle employer to the best of his jhdgment and issue a notice of demand for the tax so assessed:

Provided that before assessing the tax due, the Commissioner shall give the employer a reasonable opportunity of being heard.

117-F. Penalty and interest.---(I) In addition to the tax assessed under sub-section (1 I) of section I 17-B or sub- section (2) ofsection I 17-E in the case ofsubniission of incorrect or incomplete return, the Commissioner shzll diiect the person or enlployer to pay by way of penalty of one hundred per cent of the difference of the tax assessed and the tax paid as per

I

return:

Provided that no penalty under this sub-section shall be imposed atterthe period ofthree years from the date of the order of the assessment under this Chapter and unless the person affected has had a reasonable opportunity of showing cause against such imposition.

(2) On any amount remaining unpaid aAer the dates specified for its payment the person or employer shall pay, in addition to the amount due, interest at such rate not exceeding one percent per mensem of such amount for the entire period of default, as may be prescribed.

1 17-G. Appeal.--(I ) Any person or employer aggrieved by any order or decision of the Commissioner in relation tothe payment oftax (includingpenalty, fe~,and int:rest)may, within such time as may be prescribed, appeal,--

(a) to the Taxation Appeals Tribunal, In rile case of C~rporation;

(b) to the Taxation Appeals Committee, in the case of municipality or town panchayat.

(2) The decision of the Taxation Appeals Tribunal or the Taxation Appeals Committee, as the case may be, shall be final and shall not be questioned in any court of law:

Provided that no suck decision shall be made except after giving the person affected a reasonable opportunity of being heard.

I 17-H. Exemptions.-Nothing contained in this Chapter shall apply to,-

(a) the members of the Armed Forces of the Union serving in any part of this State, to whom the provisions of the A n y Act. 1950. the Air Force Act. 1950 or the Navy Act, 1957 applies;

( b ) the members of the Central Reserve Police Force to whom the Central Reserve Police Force ~ c t , 1949 applies and serving in any part of this State;

(c) physically disabled persons with total disability in one or both the hands or legs, spastics, totally dumb or deaf persons or totally blind persons:

. .

Provided that such physical disability shall beduly certified by a Registered Medical Practitioner in the service of the Government not below the rank of a Civil Surgeon;

87

(d) the members ofthc Central Industrial Security Force to whom the Central Industrial Central .4ct!f

Security Force Act, 1968 applies and serving in any part of this State.

of 1968

6.1 17-1. Co//ee,ion of fiofes.yion tm during ccr~rliti periods.- (1 ) Notwithstanding the NaduM repeal ofthe Tamil Nadu Tar on Professions, Trades. Callings and Employments 1992 24

(hereakr in this section referred to as the 1992 Act) by the Tamil Nad" Laws (Second Amendment) Act, 1998 (Tamil Nadu Act 59 of 19981, the rates oftax on ~~~~~~~~~~~l trades, callings and employlnents specified in the Schedule to the 1992 Act shall contique to apply for the period commencing on the I st dil\ of April 1')'12 and ending with the 30th day of~eptember 1998 forthe levy and collection of such tax for the said period, where the tax due under the 1992 Act has not been paid for the said,?eriod.

(2) The provisions of this chapter, other than the rates of tax specified in sub-section

(2) ofsection 1 17-B and the provisions relating to penalty and irW2reSt, Shall mutatis ~ ~ t a ~ ~ d i s

apply to the levy and collection of tax for the period mentioned in sub-section (1). -

(3) The arrears of tas under the 1992 Act. shall be paid in six equal half-yearly instalments in such manner and within such period as may be ~rescribed.".

Amendment of 30. In section 123 ofthe principal Act, in sub-section (21, for the expression "as may think section 123. fit", the expression "as he may think fit" shall be substituted. Amendmcnt of 31. In section 128 of the principal Act, for the expression "land belonging to the section 128. departments of the Central or State Governments" occurring in three places, the expression

"land belonb:--0 to the rnur~icipality cr the depzrtnle~its of the Central or State Governments"

shall he substituted.

Amendmcnt of' 32. In section 133 of the principal Act,-

section 133.

(1) in sub-section (6), after the expression "grant the permission", the expression "or refuse to grant the permission for reasons to be recorded in writing" shall be inserted;

(2) in sub-section^(Ia).-

(a) forthe expression "sub-section (9)", the expression "sub-section (6) or (9)" shall be substituted;

(b) for the expression "Government", the expression "Director" shall be substituted;

(c) for the proviso the following praviso shall he sl~bstituted, namely:-

"kovided that the Director may, within a further period of forty-five days, admit an appeal preferred after the expiration of the first mentioned period of forty-five day$ if he is satisfied that the petitioner had sufficient cause for not preferring the appeal petition in the first mentioned period.";

(3) in sub-section (1 I ), for the expression "Government", the expression "Director"

shall be substituted.

Insertion of

new section

163-A. t

"163-A. Declarafion 0fprohibiledarea.- (I) Subject to the provisions ofany law for the time being in force, the Government, with a view to protect water for drinking purpose drawn from any water source used or maintained by a municipality from being polluted, Or to augment water s~ppl)' MU having regard to the location of the water source such other relating thereto as may be prescribed, may by notification in the ! i

88

(

Tamil Nadu Government Gazette, declare such area, as ]nay be prescribed around such water source, as a prohibited area. 1

(2) Upon such dec!aration, no person shall sink well including bore well or set up pump-set to pump water from any source or quany sand 6r cany out any development on any

land in the prohibited area.

(3) The provisions of this section shall not apply to any work carried out by a municipality in connection with water source.".

34. In section 176 of the principal Act, in sub-section (2), forthe expression "used for public purposes", the expression "used for residential purposes or for public purposes" shall be substituted.

Amendment

section 176.

35. After section 178 of the principal Act, the following sect~on shall be inserted, namely:- Insertion of new section

"178-A. Declarution oflitter-pee zone.- (I) The council may, by notification in the 178-A. District Gazette, declare any area, within the limits of the municipality, as a litter-free zone.

(2) Upon such declaration, no person shall allow or pass or throw away any refuse, substance, trade effluent, wastage, solid waste, rubbish or garbage into any litter-free zone except into the receptacle provided in that area.

(3) Where any person violates any ofthe provisions of su b-section (2), the Commis- sioner may impose a fine not exceeding rupees five hundred:

Provided that no fine under this sub-section shall be imposed unless the p r affected has had a reasonable opportunity of showing cause against such imposition.".

36. In section 199 of the principal Act, for sub-section (Z), the following sub-section shall Amendment 6f

i be substituted, namely:- section 199.

I "(2) The council may also make provision in the by-laws and regulations to impose . . , . fine not exceeding rupees five thousand for violation of such by-laws and regulations m

accordance with such rules as may be prescribed.".

(By order of the Governor)

K. PARTHASARATHY,

Secretary to Government, Law Department.

C

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIC

ON BEHALF OF THE GOVERNMENT OF

(DTP) IV-2 EX. (945)-3

89

Aavani 25, Vikkrama, Thiruvalluvar Aandu-203 1 I^I Part IV-Section 2 ³ⁱ

Tamil Nadu Acts and Ordinances.

The following Act of the Tamil Nadu Legislative Assembly receiked tlie assent of the President on the 5th September 2000 and is hereby published for general information:-

ACT No. 26 OF 2000.

I I BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-first Year of the Republic of India as follows:- I

An Act further to amend the Laws relating to the Municipal andMunicipalities in the State of Tamil Nadu. PART-I

PRELIMINARY.

Co~porations

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 2000. Short title and commencement.

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

(DTP) IV-2 EX. (629)-1

90

326-5. Insertion of new section 285-J.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

AMENDMENT TO THE CHENNAI CITY

MUNICIPAL CORPORATION ACT, 191 9.

2. After section 326-1 of the Chennai City Municipal Corporation Act, 1919, the following section shall be inserted, namely:-

of erection of certain hoardings.-Notwithstanding anyhng other law for the time being in force, or in any judgment, or other authority,-

( a ) (i) here any hoarding (other than traffic sign and road sign) visible to the I traffic on the ro7d is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before

the date of the commencement of the Tam11 Nadu Municipal Laws (Amendment) Act,

2000 (herealier 111 t h ~ s ectlor1 referred to as the amendment Act), the Commissioner shall,

by notice in writlng, require the licensee or any person in possession, of such hoarding,

to remove such hoarding within such time as may be specified in the notice:

Procided that such time shall not exceed fifteen days from the date of issue of such

notice;

(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without hrther notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;

(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbanct to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any lic.:nce under section 326-C and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice.".

AMEN~MENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES

ACT, 1920.

3. After section 285-1 of the Tamil Nadu District Municipalities Act, 1920, the following section shall be inserted, namely:-

"285-5. Prohibition of erection of certain hoardings.-Notwithstanding anything conklined in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-

(a) (i) where any hoarding (other than traffic sign and road sign) visible to the trafic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of trafic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the executive authority shall, by notice in writing, require the I'censee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:

91

' I

Provided that such time shall not exceed fifteen days from the date of'issuc: of such notice;

(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the executive authority shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;

(b) (i) where the executive authority is satisfied that the ereqtion of any hoarding (other than traffic sign and road sign) visible to the traffic on the road i!, hazardous aqd disturbance to the safe traffic movement so as to adversely affect free a d safe flow of tra'ific, he shall not grant any licence under section 285-C and no such hoardin shall be erected, on I and from the date of the commencement of the amendment Act by an person; (ii) where any hoarding is erected in contravention of su -clause (i), it sh;fll be confiscated and removed by the executive authority without any notic .".

PART-IV

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION

ACT, 1971.

4. After section 4 10-1 of the Madurai City Municipal Corporation Act, 1971, the following Insertion ofnew Act 15 of section shall be inserted, namely:- section 410-J.

"410-5. Prohibition of erection of certain hoardings.-Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-

(a) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic

I

on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice: I

I

Provided that such time shall not exceed fifteen days fiom the date of issue of such notice; @

I

(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without W e r notice, remove such hoarding i

d recover the expenditure for such removal as an arrear of land revenue;

(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe trafic movement so as to adversely affect fiee and safe flow of traffic, he s b l l not

1

grant any licence under section 4 10-C and no such hoarding shall be erected, on and fiom the date of the commencement of the amendment Act by any person;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice.".

-'- ,

8:

.i,4

1

, new section I 4 10-J. Insertion of new section

131-A.

TAMIL ~ J A C I U GOVERNMENT GAZETTE EXTRAORDINARY -

PART - V

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL

RATION ACT, 1981.

5. ~ f t e r section 4 10-1 of the~oimrbatore city ~ u n i a l ~ o r a t i o n ~ c t 198 1, the following Tamil Nadll . section shall be inserted, namely:- Act 25 of

1981.

"410-J. Prohibition of erection of certain hoardings.-Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tr~bunal or other authority,-

(a) (I) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe fl'ow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require the E icensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:

Provided that such time shall not exceed fifteen days from the date of issue of such notice;

(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoafding and recover the expendture for such removal as an arrear of land revenue; . .

(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section 4 10-C and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice.".

PART - VI

AMENDMENT TO THE TAMIL NADU URBAN LOCAL BODIES ACT,

1998.

6. After section 13 1 ofthe Tamil Nadu Urban Local Bodies Act, 1998, the following section Tam11 Nadu shall be inserted, namely:- Act 9 of 1999

"131-A. Prohibition of erection of certain hoardings.-Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-

(a) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and whlch IS in existence immediately before the date of the commencement of the 'I'amil Nadu Munlclpal Laws (Amendment) Act, 2000 (hereafter In this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require theilicensee or any person in possesslon, of such hoarding, to remove such hoarding within such time as may be specified in the notice:

f rovided that such time shall not exceed fifteen days from the date of issue of such notice;

93

(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue;

(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traff~c on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section E31 and no such hfelifigshall be erected, on and from the date of the commencement of the amendment Act by any person;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice. Explanation.-For the purpose of this section, "hoarding" shall have the same meaning as in the Explanation under iub-section (9) of section 13 1 .".

(By order of the Governor)

i ,

K. PARTHASARATHY, I

Secretary to Government, Law Department. I

i

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND FRINTING, CHENNAI

ON BEHALF O F THE GOVERNMENT O F TAMIL NADIJ

(DTP) IV-2 Ex. (629)-2

94

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 5623 CHENNAl, MONDAY, AUGUST 20,2001

Aavani 4, Vishu, Thiruvalluvar Aandu-2032

A

i '. Part IV-Section 2 Tamil Nadu Acts and Ordinenccs. The following 4:r o f the Tamil Nadu Legislative Assembly received the assent of the

. I Prcsidcnl on ~ l l c 14rll Augt~s~ 200 1 ;111d is llcrcby published for gcncral information:-

ACT No. 10 OF 2001.

. I n ..lei Jr~l-/lm- 10 onlend the Luivs re foti~rg-ro Mrr,7icipul Corporations and Mun icipa fities in fhe Stole oJ Tatnil Nadu.

BE it c n a c ~ e d by h e Legislative Assembly of thc State o f Tamil Nadu in the Fifty-first Year

of thc Rcpublic of I ~ id i i l i l S ~al10ws:- ^!

PART-I.

PRELIMINARY.

1 . ( 1 ) l'liis Act may bc c a l l e d the 'I'an~il Nadu Municipal Laws (Second Amendment) Short l^i~lc and Act, 2000. commence-

mcnt.

(2) 11 shall come into force on such date as the Srare Government may, by ~iol i f ical ion, appoinl.

l3AR'I.+[[.

Ah3ENDM EN'I'S 'r0 TI 1 E CI-I ENNAI CI'TY MUN[ClPAL CORPORATION ACT, 19 19. -.

Tnriiil Nadu 2. In scction 54-A o r the Chennai City Municipal Corporation Acl, I9 19 (hereafter in Amcndmcnt ' ' ' illis Pnrl relcrred lo as ihc I 9 19 Ac,). a f ~ e r ub-rccticn (4). (lie rollowing sub-sections shall be ~ : - ~ c ' i O n

1019

addcd, namcIy:

"(5)'The trinl o ra l , efectior~ puli~ion sllall, so far as i s praclicable consistently with the ili~crcsr ot'jusrice in respccl 0 1 ' tlic trii~l. bc continued from day to day until i rs conclusion, unlcss rlle PrincipilI ludgc. City Civil Court. Chennai. finds rllc adjournment o f the trial

beyoi~d thc F ~ l l o w i r i ~ day to be necessary for reasoils to bc recorded.

95

(6) Every election petit ion shall be tried as expeditiously as possible and cndeavour shall be made to conclude the trial within six tnonlhs from the date on which 111c e lec~ ion pct i t ion

is presenlcd to thr: Principal Judgc. City Civil Court, Chennai for trial.". -

lnscr\io.~ ,*.' 3 . ,'.:'.2r secrion 59 of the 19 19 Act. the follorving seclion sllall be inscr~cd. namely:--

new section 59-A. "59-A. Yoling tnachir~e rrl elections.-Notwithstanding any thing contained in this act

or the rules made thercundcr, ~ h c giving and recording ol 'voles,by voting machit~es may bc

adopted in such ward o r wal-ds of r!le Corporalion as the State Elxr ion Conimission may,

having regard 10 [he circurnstanc:~ o f earh casc, specify. Explanation.--For ttic purposc of Lhis sec~ion,"voling m a c h i ~ ~ c " mcnlls ;uiy mncl~inc

or apparatus whelher operaled clcctronical!y or olherwise used for giving or recording of votes and any rercrcncc to a bi~llot box or ballot paper in his Act or the rulcs made thereunder shall, save as otherwise provided, be const~;ued ns including a rercrence lo such voting

machine wherever such voting machine is uscd at any election.".

AMENDMENTS TO THE TAMIL NADU DISTRICT MUr\jICIPALITIES ACT, 1920.

Inscrlion of new section 4. ACtcr section 43-C of the Tamil Nadu Districl Municipalilies Act, 1920 (hereafter in Tamil ~^nd;

43-D. this Part referred to as the 1920 Act), the iol!owing sccliori shall be inser~ed, namely:- Ac1 V of

1970.

"43-D. Voting machir~e a( e1ecrions.-~otwitlistandin~ anyt l~ing contained in [his act or the rules made thereunder, thc giving and recording o f votes by voting machines may be . adopted in such ward or wards of a Municipality as thc Srate Election Commission may,

having regard to the circurnslanccs of each casc, spccify. ExpIanalion.-For t t c purpose of this section,"votin~ machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of

.votes and any reference to a ballot box or batlot paper in this Act or the rules made thereunder shaI1, save as otherwise provided, be construed as including a reference to such voting

machine wherever such voting 111achine is used at any election.".

Amcndmtnt 5 . In section 5 1 -A o r the 1920 Act, after sub-section (4), the Follorving sub-sections

of scc'ion shall be added, namely:- 51-A.

"(5) The trial of an election petition shall, so I j r as is practicable consistently with Ihe interest of jusrice in respect of Lhe rial, bc continued tiom day to day until its conclusion,

unless the District Judge finds the adjourlln~ent of the trial beyond the following day to be

necessary for reasons to be recorded.

(6) Every election petition shall he tried as expeditiously as possible and endeavour shall be made toconcIude the trial within sixmonths from the darc on which the election petition

i s presented to the District Judge for trial.".

AMENDMENTS TO THE MADURAl CITY MUNICIPAL CORPORATION ACT, 197 1

Arnendrncnt 6. In seclion 60-A of the Madurai Cily Municipal Corporation Act, 197 1 (hereaficr in 'I'amil Nadu of section

60-A. this Part referred to as the 197 1 Act), a i m sub-section (4), thc following sub-sections shall be

19: ' * -lr

added, namely:-

" (5 ) Thc trial of an election petition shall, so far as is prar ticable consistently with the

inte.rest of justice in respect o f the [rial. be conrinucd from day lo day unliI ils conclusion, unless the District Judge Finds the adjournment of thc trial beyond t l ~ e following day to be

necessary for reasons to be recorded.

96

TAIMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

----- 6 1

(6) Every clccrion petition sllall bc l r jed as expcdiriousIy as possible and endeavour shall be made to conclude Ihc tr ial w i ~ h i n six 111otiths Frum ihc dace on which !he elcctioripetition is presenled to thc Districr Judgc For trial.".

7. Arrcr section 66 o i the 197 1 Act. [he following section stiall be ,,~serted, namely:- Insenion of new scction

"66-A. L'orillg o~achit le at c1eclions.-Notwithstanding anything contained in this act or tlic rules made [hereunder, [he giving and recording of votes by voting machines may be adopted in such ward or wards o f the Corporation as thc Statc E l e c t i o ~ ~ Comrnission may,

having. regard to the circumstal~ces o f each casc, specify.

Espln~m~inn.-For thc purposc o f this sec~ion: 'voti i~~ inacliine" menns any machine or appararus whether operated elcc~ronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot phper in 1h;s Act or the rules made thereunder shall, savc as othertvise provided. bc co~lsrrlred as inc l r~d ing a reference l o such voting machine \~.hcrever s ~ r c l l v o t i i ~ g macl l i~ lc is uscd at any elecrion.". PART-V.

AMENDMENTS TO THE COlMBATORE CITY MUNICIPAL

CORPORATION ACT, 1 Q8 I.

8. 111 scction 152-A o f the Coinlbalorc Cily Municipal Corporation Act, 1 98 1 (hereafier Amcndmenl or scction in Lbis Parr rcfcrred to as the I95 1 11c11. after sub-scclion (4). the follorving sub-sections shall. 6 2 - ~ . bc added. nnmcly::

" ( 5 ) Thc !rial o f an election prritiori shall, so far as is practicable consistently w i th the in~crest o r justice in rcspect o f thc trial, be contiuued fro111 day to day unt i l its conclusion,

unless !lit Dislr ic l Judge finds llie ndjournmcnl o f thc [r ial beyond the follo\ving day to be

nccessary Tor rcasons Lo bc recorded.

(6) Every elec~ion petition shall bc tried as expeditiously as possible and endeavour shajl be madc 10 co~,c:uf.: the try?' withi11 5is rnonlhs from the (late on which (hc election petit ion is prcsenlcd t u rllc District Judsc Tur ~riill.".

9. Al'rcr scction GP o f the 1981 Acr, the follow in^ section shal! be inserted, namely:- 1f13cr'i0n new scction Of 68-A.

"68-A, Iti~ling /)~ncfiine or ckctions.-Notwithsfanding anything contained in chis act

or l l ~ c rulcs 111nt-lc ~hcrcundcr. lhc g iv ing and recordi~lg o r votcs by voting machines may be adopted in suc l~ rr i~rd ur wibrds of rhc Corporalion a s ~Jic S I ~ C C E l c ~ ~ i o n Commission may,

havinz rcgard lo lhc c i r ~ums ra~~ccs of each case, spccify. Expfo)~nrion.-For the purpose of [his section,"voting machine" means any machine

or apparalus rvl~cther opcratcd electronically o r otherwise used For giving or recording o f votes and any refcrencc LO a bnllol box or ballot papcr in this Act or the rules made thereunder shall, savc as ollicr\vise pro\lided. be consrrucd as including a reference to such voting - machine \\~hcrever such voting machine is used at any election.".

AMENDMENTS TO THE TAMIL NADU URBAN LOCAL BODIES ACT, 1998.

Amcndmcnt

10. In section 9 of [he Tamil Nadu Urban Local Bodies Act, 1998 (hereafter in this Part section

referred to as tllc 191 8 Act), in sub-scction (I), for the rxpressiou commencing with the words 9.

"any amendment, by way o f inclusion" and ending lyith !he words "Tamil Nadu State Election

Commission", the fol lowing expression shall be substilutcd, namely:-

"any amendment, transposilion or deletion o f any entry in the electoral rolI of the Tamil Nadu Legislative Assembly made after thc last date for mhking nominations for election in ally municipali~y.".

97

Inserrion of 1 1. Afier section I 0 of the 1998 Acl, the followirt~ section shall be inserted, namely:--

new section 10-A.

"10-A. Voring !nuchine ar elections.-Notwithstanding anything contained in this act

' or the rules made thereunder, the giving and recording of vorcs by votins machines may be adopted in such ward or wards of a Municipali~y as the Tamil Nadu State Election Commission.

may, having regard to the circumstances of each case, specify,

I

Exp/rtalium-For the purpose of ibis sectjon,"voting machine" means any machine ^- or apparatus whether operated electronically or athenvise used for giving or recording of

., votes and any reference. 10 a baIlc31 box or ballor paper in this Acr or {he rules made thereunder shall, save as otherwise providcd, be cons~ri~cd as including a ccfcrcnce lo 3irct1 voting machine wherever such voting machine is used at any election.".

!

Arnendmrnt 12. In section 30 of rhe 1998 Act, after sub-section (4), the follo~vitlg sub-sections shall Or scc'ion beadded, namely:-

30.

"(51 The trial of an election perilion shall, so b a s i s prlciicoble consistently wilh the

interest of justice in respecr of Lhe trial, be continued from day to day until irs conclusir>n, unless the Principal Oistrict Jud~e find5 the adjournment of the lrial bey0r.d the following day

t~ be necessary for reasons to be recorded.

(6) Every elecrion peti!ion shall be tried as expcditiousIy as possible and endeavour

. shall bernade t~concludct l~e trial within sixmorIths frorn~hedareon which the election pclition is presented to the Principzl District Judge for trial.".

(By order of the Governor)

M. BAULIAH,

Secreiary to Go~,ernmeri~, Lnrr. Depa -fmcnr.

98

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 17th Jue 2022 and is hereby published for general information:—

ACT No. 35 OF 2022.

An Act to revive and further to amend the Tamil Nadu Urban Local Bodies Act, 1998.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-third Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022.

Short title and

commence-

ment.

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

Tamil Nadu Act

9 of 1999.

2. In section 2 of the Tamil Nadu Urban Local Bodies Act, 1998 (hereinafter referred to as the principal Act), — Amendment of

section 2.

(1) in clauses (6), (7), (11), (13) and (33) for the expression

"municipality", wherever it occurs, the expression "municipal council" shall be substituted;

(2) in clause (9), for sub-clause (a), the following sub-clause shall be substituted, namely:—

"(a) any company as defined in the Companies Act, 2013, (Central Act 18 of 2013) including any foreign company within the meaning of clause (42) of section 2 of that Act;";

(3) for clause (19), the following clause shall be substituted, namely:—

"(19) "municipality" with its grammatical variation means the municipal corporation or the municipal council or the town panchayat constituted or deemed to have been constituted under this Act;".

(4) after clause (28), the following clause shall be inserted, namely:--

"(28-A) "prescribed" means prescribed in the rules made under this Act;".

3. In section 3 of the principal Act,—

Amendment of section 3.

(1) in sub-section (1),—

(a) for clause (a), the following clause shall be substituted, namely:—

"(a) a "town panchayat", a transitional area, that is to say, an area in transition from a rural area to an urban area, where the population is estimated at not less than ten thousand and the annual income is not less than thirty lakhs of rupees; ";

(b) in clause (b), for the expression "municipality", the expression "municipal council" shall be substituted;

(c) in clause (c), for the expression "five lakhs", the expression "three lakhs" shall be substituted;

99

(2) in sub-section (2), —

(a) in clause (b), for the expression "forty-five days", the expression "six weeks" shall be substituted;

(b) after clause (h), the following clauses shall be added, namely: —

"(i) If any local area in which the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) is in force, is constituted as a town panchayat under this Act, the President, Vice-President and members for such local area, who are elected and holding office as such immediately before the date of constitution of such local area as town panchayat, shall be deemed to be the Chairperson, Deputy Chairperson and Councillors of such town panchayat under this Act and such Chairperson, Deputy Chairperson and members shall continue to hold office upto the date on which their term of office would expire under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and shall exercise all powers conferred on, and perform all duties assigned to, them under this Act;

(j) If any town panchayat is constituted as municipal council or any municipal council is constituted as municipal corporation under this Act, the Chairperson, Deputy Chairperson and Councillors of such town panchayat or municipal council, who are elected and holding office as such immediately before the date of constitution of such municipal council or municipal corporation under this Act, shall be deemed to be the Chairperson, Deputy Chairperson and Councillors of such municipal council or Mayor, Deputy Mayor and Councillors of such municipal corporation and shall continue to hold office as such upto the date on which their term of office would expire under this Act and such Chairperson, Deputy Chairperson and Councillors shall exercise all powers conferred on, and perform all duties assigned to, them under this Act;

(k) If any local area in which the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) is in force, is included in a town panchayat or municipal council or municipal corporation, as the case may be, the President, Vice-President and members of such local area, who are elected and holding office as such immediately before the date of inclusion in the town panchayat or municipal council or municipal corporation, as the case may be, shall continue to hold office as such upto the date on which their term of office would expire under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and such President, Vice- President and members shall exercise all such powers conferred on, and perform all such duties assigned to, them under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) subject to such conditions as may be prescribed;

(l) If any area in which this Act is in force, is included in a town panchayat or municipal council or municipal corporation, as the case may be, the Chairperson, Deputy Chairperson and Councillors of such local area who are elected and holding office as such immediately before the date of inclusion in the town panchayat or municipal council or municipal corporation, as the case may be, shall continue to hold office as such upto the date on which the term of office would expire under this Act and such Chairperson, Deputy Chairperson and Councillors shall exercise all such powers conferred on, and perform all such duties assigned to them under this Act subject to such conditions as may be prescribed.".

Amendment of

section 4.

4. In section 4 of the principal Act, for sub-section (1), the following sub-sections shall be substituted, namely:—

100

"(1) The town panchayats and municipal councils constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) shall be deemed to have been constituted and incorporated under this Act and are hereby declared to be the town panchayats and municipal councils, as the case may be, by their respective names and in their respective areas;

(1-A) The following municipal corporations shall be deemed to have been constituted and incorporated under this Act and are hereby declared to be the municipal corporations by their respective names and in their respective areas, namely :-

(i) the Municipal Corporation of Chennai constituted under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919);

(ii) the Municipal Corporation of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971);

(iii) the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981);

(iv) the Municipal Corporation of Tiruchirapalli constituted under the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994);

(v) the Municipal Corporation of Tirunelveli constituted under the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994);

(vi) the Municipal Corporation of Salem constituted under the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994);

(vii) the Municipal Corporation of Tiruppur constituted under the Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu Act 7 of 2008);

(viii) the Municipal Corporation of Erode constituted under the Erode City Municipal Corporation Act, 2008 (Tamil Nadu Act 8 of 2008);

(ix) the Municipal Corporation of Vellore constituted under the Vellore City Municipal Corporation Act, 2008 (Tamil Nadu Act 26 of 2008);

(x) the Municipal Corporation of Thoothukudi constituted under the Thoothukudi City Municipal Corporation Act, 2008 (Tamil Nadu Act 27 of 2008);

(xi) the Municipal Corporation of Thanjavur constituted under the Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu Act 24 of 2013);

(xii) the Municipal Corporation of Dindigul constituted under the Dindigul City Municipal Corporation Act, 2013 (Tamil Nadu Act 25 of 2013);

101

(xiii) the Municipal Corporation of Hosur constituted under the Hosur City Municipal Corporation Act, 2019 (Tamil Nadu Act 10 of 2019);

(xiv) the Municipal Corporation of Nagercoil constituted under the Nagercoil City Municipal Corporation Act, 2019 (Tamil Nadu Act 11 of 2019);

(xv) the Municipal Corporation of Avadi constituted under the Avadi City Municipal Corporation Act, 2019 (Tamil Nadu Act 24 of 2019);

(xvi) the Municipal Corporation of Cuddalore constituted under the Cuddalore City Municipal Corporation Act, 2022 (Tamil Nadu Act 1 of 2022);

(xvii) the Municipal Corporation of Kancheepuram constituted under the Kancheepuram City Municipal Corporation Act, 2022 (Tamil Nadu Act 2 of 2022);

(xviii) the Municipal Corporation of Sivakasi constituted under the Sivakasi City Municipal Corporation Act, 2022 (Tamil Nadu Act 3 of 2022);

(xix) the Municipal Corporation of Karur constituted under the Karur City Municipal Corporation Act, 2022 (Tamil Nadu Act 4 of 2022);

(xx) the Municipal Corporation of Tambaram constituted under the Tambaram City Municipal Corporation Act, 2022 (Tamil Nadu Act 5 of 2022) and

(xxi) the Municipal Corporation of Kumbakonam constituted under the Kumbakonam City Municipal Corporation Act, 2022 (Tamil Nadu Act 6 of 2022).".

Amendment of

section 7.

5. In section 7 of the principal Act, in sub-section (1), for the expression "exclusive of its Chairperson", the expression "inclusive of its Chairperson" shall be substituted.

Amendment of

section 8.

6. In section 8 of the principal Act,—

(1) (a) in sub-section (6), for the expression "once in five years", the expression "once in ten years based on the last preceding census of which the relevant figures have been published." shall be substituted;

(b) to sub-section (6), as so amended, the following proviso shall be added, namely: —

"Provided that where any area is included within the limits of a town panchayat, municipal council or municipal corporation, as the case may be, the delimitation of wards for such area shall be completed before the next ordinary election.".

(2) after sub-section (6) as so amended, the following sub-section shall be added, namely: —

102

"(7) Notwithstanding anything contained in this section, the Government may, for delimitation of wards of the municipality, act on the recommendations of the Delimitation Commission constituted under the Tamil Nadu Delimitation Commission Act, 2017 (Tamil Nadu Act 23 of 2017).".

7. In section 11 of the principal Act, the provisos shall be omitted. Amendment of section 11.

8. In section 12 of the principal Act, —

(1) for the expression "Councillor or Chairperson", wherever it occurs, including the marginal heading, the expression "Councillor" shall be substituted;

Amendment of

section 12.

(2) in sub-section (1), after clause (c), the following clause shall be added, namely:-

"(d) if he is a member of the Legislative Assembly or a member of either House of Parliament.";

(3) in sub-section (2), for the expression "any contract", the expression "any subsisting contract" shall be substituted;

(4) in sub-section (6), in clause (c), in the first proviso, for item (iv) excluding the proviso thereunder, the following item shall be substituted, namely: —

"(iv) any company or association, whether incorporated or not, which contracts with the municipality for supply of any goods or services:";

9. After section 12 of the principal Act, as so amended, the following sections shall be inserted, namely:-

Insertion of new

section 12-A.

"12-A. Grant of paid holiday to employees on the day of poll.-

(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at the municipal election shall, on the day of poll, be granted a paid holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him, on that day.

(3) If an employer contravenes the provisions of sub-section

(1) or sub-section (2), then, such employer shall be punishable with fine which may extend to five thousand rupees.

(4) This section shall not apply to any person whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.".

10. In section 16 of the principal Act, in sub-section (2), for the expression "two hundred and fifty rupees", the expression "two thousand rupees" shall be substituted.

Amendment of

section 16.

103

Amendment of

section 19.

11. In section 19 of the principal Act, in sub-section (1), for the expression "an assistant returning officer", the expression "an assistant returning officer or zonal officer" shall be substituted. Amendment of

section 20.

12. In section 20 of the principal Act, in sub-section (2), for the expression "two hundred and fifty rupees", the expression "two thousand rupees" shall be substituted.

Amendment of

section 23.

13. In section 23 of the principal Act, in sub-section (2), for the expression "two hundred and fifty rupees", the expression "two thousand rupees" shall be substituted.

Amendment of

section 25.

14. In section 25 of the principal Act, for the expression "ballot paper", occurring in three places including marginal heading, the expression

"ballot paper or voting machine" shall be substituted. Insertion of new

section 34-A.

15. After section 34 of the principal Act, the following section shall be inserted, namely: —

"34-A. Furnishing of information on property.— Every Chairperson, Deputy Chairperson or Councillor shall, within ninety days from the date on which he makes or subscribes an oath or affirmation for taking his seat, furnish the following information, in such form and manner as may be prescribed:—

(a) the movable and immovable properties of which he, his spouse and his dependent children are jointly or severally owners or beneficiaries;

(b) his liabilities to any public financial institution; and

(c) his liabilities to the Central Government or State Government or to any municipality.".

Amendment of

section 35.

16. In section 35 of the principal Act, in sub-section (1), after the expression "the Government", the expression "or the Tamil Nadu State Election Commission" shall be inserted.

Amendment of

section 37.

17. In section 37 of the principal Act,—

(1) in sub-sections (4) and (5), for the expression "not be less than one third", the expression "not be less than fifty per cent" shall be substituted;

(2) after sub-section (6), the following sub-section shall be inserted, namely:—

"(6-A) While determining the number of seats in every municipality for the purpose of reservation, any fraction which is less than half shall be disregarded and half and more than half shall be regarded as one.".

Amendment of

section 38.

18. In section 38 of the principal Act,—

(1) in sub-section (1), in clause (b), for the expression "not be less than one third", the expression "not be less than fifty per cent" shall be substituted;

(2) after sub-section (1), as so amended, the following sub- section shall be inserted, namely:—

104

"(1-A) While determining the number of offices of the Mayor for the purpose of reservation, any fraction which is less than half shall be disregarded and half and more than half shall be regarded as one.".

19. In section 39 of the principal Act,—

Amendment of section 39.

(1) in sub-section (1), in clause (b), for the expression "not be less than one third", the expression "not be less than fifty per cent" shall be substituted;

(2) in sub-section (2), for the expression "not be less than one third", the expression "not be less than fifty per cent" shall be substituted;

(3) after sub-section (2), as so amended, the following sub- section shall be inserted, namely:—

"(2-A) While determining the number of offices of Chairperson of the municipal councils for the purpose of reservation, any fraction which is less than half shall be disregarded and half and more than half shall be regarded as one.".

(4) in sub-section (4), in clause (b), for the expression "not be less than one third", the expression "not be less than fifty per cent" shall be substituted;

(5) in sub-section (5), for the expression "not be less than one third", the expression "not be less than fifty per cent" shall be substituted;

(6) after sub-section (5), as so amended, the following sub- section shall be inserted, namely:—

"(5-A) While determining the number of offices of the Chairperson of the town panchayats for the purpose of reservation, any fraction which is less than half shall be disregarded and half and more than half shall be regarded as one.".

20. In section 40 of the principal Act,—

Amendment of section 40.

(1) in sub-section (1),—

(a) for clause (iii), the following clause shall be substituted, namely:—

"(iii) protection of water bodies vested with municipalities;";

(b) in clause (iv), for the expression "and drainage schemes", the expression "drainage schemes and septage management" shall be substituted;

(c) for clauses (v) and (vi), the following clauses shall be substituted, namely:—

"(v) control of stray dogs;

(vi) control of vector including mosquito;";

(d) in clause (viii), for the expression "dangerous trades", the expression "trades" shall be substituted;

(e) in clause (xiii), the expression "electric" shall be omitted;

(f) in clause (xix), the expression "liquid waste and used water management" shall be added at the end;

105

(g) for clause (xviii), the following clause shall be substituted, namely:—

"(xviii) maintenance of public markets, shops, shopping complexes, bus stands, bus shelters, rest houses, public toilets and community toilets;";

(h) in clause (xxii), for the expression "hoardings", the expression

"hoardings, digital banners, placards" shall be substituted;

(i) for clause (xxiv), the following clauses shall be substituted, namely:—

"(xxiv) organisation of fairs and exhibitions and regulation of private fairs and exhibitions;

(xxv) selection and approval of works under municipal fund and allocation of contribution from municipal fund to specified schemes; and

(xxvi) any other duty or function assigned to the municipalities by the Government.";

(2) in sub-section (2), in clause (vii), for the expression

"handicapped and mentally retarded", the expression "street vendors and persons with disabilities" shall be substituted;

(3) in sub-section (3), after clause (vii) including the Explanation thereunder, the following clause shall be added, namely:—

"(viii) to require the Commissioner to produce any document in his custody.".

Insertion of new

section 43-A.

21. After section 43 of the principal Act, the following section shall be inserted, namely:—

"43-A. Chairperson, Deputy Chairperson and Councillor when to abstain from taking part in discussion and voting.— (1) No Councillor including Chairperson or Deputy Chairperson or any person referred to in clauses (ii) and (iii) of sub-section (1) of section 37 shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of the council or of any standing committee or wards committee or any other committee, if the question is one in which, apart from its general application to the public, he has any direct or indirect pecuniary interest by himself or his partner.

(2) The Chairperson may prohibit any Councillor or such persons from voting on or taking part in the discussion of any matter in which the Councillor or such persons is believed to have any pecuniary interest, or he may require the Councillor or such persons to absent himself during the discussion.

(3) Such Councillor or such persons may challenge the decision of the Chairperson, who shall thereupon place the question at the meeting of the council and the decision of the council thereon shall be final.

(4) If the Chairperson is alleged to have any pecuniary interest in any matter under discussion by any Councillor or by such persons present at the meeting, he shall, on the motion of such allegation, if carried out, absent himself from the meeting during the discussion.

106

(5) The Councillor referred to in sub-section (2) shall not be entitled to vote on the question referred to in sub-section (3) and the Chairperson concerned shall not be entitled to vote on the motion referred in sub-section (4).

Explanation.— In this section, 'Chairperson' includes a Deputy Chairperson or Councillor presiding a meeting of the council.".

22. In section 44 of the principal Act,—

Amendment of section 44.

(1) for sub-section (1), the following sub-section shall be substituted, namely:—

"(1) The Council shall at its first meeting after each ordinary election to the Council elect one of its Councillors to be the Chairperson.";

(2) sub-section (2) shall be omitted;

(3) for sub-section (5), the following sub-section shall be substituted, namely:—

"(5) The Chairperson shall be deemed to have vacated his office on cessation of his office as a councillor.".

23. In section 45 of the principal Act, in clause (d), for the expression

"other scheme", the expression "other schemes financed from Municipal Fund" shall be substituted;

Amendment of

section 45.

24. After section 46 of the principal Act, the following sections shall be inserted, namely:—

Insertion of new

sections 46-A

and 46-B.

"46-A. Re-eligibility of Chairperson and Deputy Chairperson.—

An outgoing Chairperson or Deputy Chairperson is eligible for re-election.

46-B. Chairperson, Deputy Chairperson or Councillor to obtain permission to undertake trip to foreign country. — No person holding the office of Chairperson, Deputy Chairperson or Councillor shall undertake any trip to any foreign country in his official capacity as such, except with the permission of the Government.".

25. After section 49 of the principal Act, the following sections shall be inserted, namely:—

Insertion of new

sections 49-A

to 49-H.

"49-A. Constitution of standing committees.— (1) There shall be constituted by the Government, by notification, such numbers of standing committees, not exceeding six, as may be specified in the notification for the purpose of exercising such powers and discharging such duties or performing such functions as the council may delegate to them.

(2) The composition of standing committee, method of appointment of Chairman and term of office of members and Chairman of the standing committees shall be such as may be prescribed.

49-B. Delegation of powers to Commissioner by standing committee.— (1) In any case in which it is provided by this Act that the Commissioner may take action subject to the approval, sanction, consent or concurrence of a standing committee, such standing committee may, by resolution in writing, authorise him to take action in anticipation of its approval, sanction, consent or concurrence, subject to such conditions, as may be specified in such resolution.

107

(2) Whenever the Commissioner, in pursuance of such resolution takes any action in anticipation of the approval, sanction, consent or concurrence of a standing committee, he shall inform such standing committee of the fact in its next meeting.".

49-C. Constitution of Ward Sabha.— (1) There shall be constituted by the council, a Ward Sabha for each ward within the municipal area.

(2) Each Ward Sabha shall consist of the Councillor of the municipality representing the ward and as many number of nominated members as may be prescribed, from among the persons registered in the electoral rolls of the ward and nominated by the council.

(3) The number of, qualification for, the nominated members and the procedure of nomination shall be such as may be prescribed.

49-D. Term of office of Chairman of Ward Sabha.— (1) The Councillor representing the ward in the municipality shall be the Chairman of that Sabha.

(2) The Chairman shall vacate the office as soon as he ceases to be a Councillor.

49-E. Functions and duties of Ward Sabha.— (1) The functions and duties of the Ward Sabha, and the procedure to be adopted by such Sabha for transaction of its business shall be such as may be prescribed.

(2) The duration of the Ward Sabha shall be co-extensive with the duration of the council.

49-F. Constitution of Area Sabha.— (1) There shall be constituted by the council, an Area Sabha for each area in a ward in the municipal area.

(2) Each ward shall consist of such number of Area Sabhas not exceeding ten, as may be prescribed.

(3) An Area Sabha shall comprise of the entire geographical territory in which all the persons registered in the electoral rolls pertaining to one or more polling booths in such territory are ordinarily resident.

(4) Each Area Sabha shall consist of the elected Councillor of the ward and all the persons registered in the electoral rolls of the area.

49-G. Term of office of Chairman of Area Sabha.— (1) The Councillor of the Ward shall be the Chairman and convener of the Area Sabha.

(2) The duration of the Area Sabha shall be co-terminus with the duration of the council.

49-H. Functions and duties of Area Sabha.— The functions and duties of the Area Sabha, and the procedure to be adopted for transaction of its business shall be such as may be prescribed.".

Amendment of

section 50.

26. In section 50 of the principal Act, in sub-section (1), in clause (ii), for the expression "from the Chairperson", the expression "from the Chairperson or the Commissioner" shall be substituted. Substitution of

section 51.

27. For section 51 of the principal Act, the following section shall be substituted, namely:—

108

"51. Motion of no-confidence in Chairperson or Deputy Chairperson.— (1) Subject to the provisions of this section, a motion expressing want of confidence in the Chairperson or Deputy Chairperson may be made in accordance with the procedure laid down herein.

(2) Written notice of intention to make the motion, in such form as may be specified by the Government, signed by such number of Councillors as shall constitute not less than three-fifth of the sanctioned strength of the Council together with a copy of the motion which is proposed to be made, shall be delivered in person to the Commissioner by any two of the Councillors signing the notice.

(3) The Commissioner shall then convene a meeting for the consideration of the motion, to be held at the Municipal Office, at a time appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) is delivered to him. He shall give to the Councillors, notice of not less than fifteen clear days of such meeting and of the time appointed therefor.

(4) The Commissioner shall preside at the meeting convened under this section, and no other person shall preside thereat. If within half an hour after the time appointed for the meeting, the Commissioner is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the Councillors by the Commissioner under sub-section (5).

(5) If the Commissioner is unable to preside at the meeting, he may after recording his reasons in writing, adjourn the meeting to such other time as he may appoint. The date so appointed shall not be later than thirty days from the date appointed for the meeting under sub-section (3). Notice of not less than seven clear days shall be given to the Councillors of the time appointed for the adjourned meeting.

(6) Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned.

(7) As soon as the meeting convened under this section has commenced, the Commissioner shall read to the council, the motion for the consideration of which it has been convened and declare it to be open for debate.

(8) No debate on any motion under this section shall be adjourned.

(9) Such debate shall automatically terminate on the expiry of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of two hours, as the case may be, the motion shall be put to vote of the council.

(10) The Commissioner shall not speak on the merits of the motion, nor shall be entitled to vote thereon.

(11) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall forthwith on the termination of the meeting be forwarded by the Commissioner to the Government.

109

(12) If the motion is carried out with the support of not less than four-fifths of the sanctioned strength of the council, the Government shall, by notification, remove the Chairperson or the Deputy Chairperson, as the case may be.

(13) If the motion is not carried out by such a majority as aforesaid, or if the meeting cannot be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same Chairperson or the Deputy Chairperson shall be received until after the expiry of one year from the date of the meeting.

(14) No notice of a motion under this section shall be received,—

(i) within one year of the assumption of office by the Chairperson or Deputy Chairperson; or

(ii) during the last year of the term of office of the Chairperson or the Deputy Chairperson.".

Substitution of

section 52.

28. For section 52 of the principal Act, the following section shall be substituted, namely:—

"52. Government to remove Councillor or Deputy Chairperson or Chairperson.— (1) The Government may, by notification, remove any councillor, Deputy Chairperson or Chairperson, who in their opinion, wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses the powers vested in him.

(2) The Government shall, when they propose to take action under sub-section (1), give the councillor, Deputy Chairperson or Chairperson concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons of the Government for the action taken.

(3) Any person removed under sub-section (1) from the office of councillor, Deputy Chairperson or Chairperson shall not be eligible for election to the said office until the date on which notice of the next ordinary elections to the municipal council is published in the prescribed manner, or the expiry of one year from the date specified in such notification, whichever is later.".

Amendment of

section 54.

29. In section 54, in sub-section (1), for the expression "District Collector concerned or a senior officer of the Indian Administrative Service", the expression "the Commissioner or any other officer" shall be substituted.

Amendment of

section 55.

30. In section 55 of the principal Act, to sub-section (1), after the proviso, the following proviso shall be added, namely:—

"Provided further that in relation to a municipal council or a town panchayat, the power of the Government under this section shall be exercised by the Director.".

Insertion of new

section 55-A.

31. After section 55 of the principal Act, the following section shall be inserted, namely:—

110

"55-A. Adjudication of disputes between local authorities.— (1) When a dispute exists between a council and one or more than one, other local authority in regard to any matters arising under the provisions of this or any other Act and the Government are of the opinion that the local authorities concerned are unable to settle it amicably among themselves, the Government may take cognizance of the dispute, and—

(a) decide it on its own volition; or

(b) refer it for inquiry and report to a joint committee constituted under section 41 for the purpose.

(2) The report referred to in clause (b) of sub-section (1) shall be submitted to the Government who shall decide the dispute in such manner as they may deem fit.

(3) Any decision given, whether before or after this sub-section comes into force, under clause (a) of sub-section (1) or under sub- section

(2) may, at the instance of the local authorities concerned, be modified from time to time by the Government in such manner as they deem fit, and any such decision with the modifications, if any, made therein under this sub-section, may, at the instance of local authorities be cancelled at any time by the Government. Any such decision or any modification therein or cancellation thereof shall be binding on each of the local authorities concerned and shall not be liable to be questioned in any Court of Law.

(4) The powers of the Government under this section shall, where one of the local authorities concerned is a cantonment authority or the port authority of a major port, only be exercisable with the concurrence of the Central Government.".

32. In section 57 of the principal Act, sub-section (5) shall be omitted.

Amendment of section 57.

33. In section 61 of the principal Act, in sub-section (1),—

Amendment of section 61.

(1) for the expression "The Director", the expression "The Director in respect of town panchayats and municipal councils and the Government in respect of municipal corporations" shall be substituted;

(2) the proviso shall be omitted.

34. In section 62 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:—

Amendment of

section 62.

"(1) (a) All monies received by way of taxes, fees and other charges, devolution funds, grants including those arising out of the recommendations of the Finance Commissions by a municipality shall constitute a fund which shall be called the "Municipal Fund" and shall be applied, and disposed of, in accordance with the provisions of this Act and the rules made thereunder;

(b) All monies received by way of loans, advances, contributions and grants received for schemes or special schemes by a municipality which are earmarked towards any projects or works shall be maintained separately.".

35. In section 66 of the principal Act, in sub-section (1), the following expression shall be added at the end, namely:—

Amendment of

section 66.

111

"subject to the revenue generation of the project, financial viability and repayment capacity of the municipality.".

Amendment of

section 71.

36. Section 71 of the principal Act, shall be renumbered as sub- section (1) of that section and after sub-section (1) as so renumbered, the following sub-sections shall be added, namely:—

"(2) The Budget documents after approval shall be uploaded in designated websites or portals with the digital signature of the executive authority. The allotment made on the Budget shall lapse at the end of the year and the surplus shall not be transferred to Deposits or keeping outside the account or resort to other appropriation of any kind.

(3) Without the prior approval of the Director, the council of the municipality shall not approve any expenditure exceeding the budget allocations, or exceeding the revenue of the municipality.".

Amendment of

section 73.

37. In section 73 of the principal Act, after clause (ii), the following clause shall be added, namely:—

"(iii) any property given in trust may be utilized with the approval of the Government, for the objects other than the object for which it was created, if the object of that trust has become impossible or impracticable.".

Amendment of

section 74.

38. In section 74 of the principal Act, in sub-section (1), for the expression "the Land Acquisition Act, 1894 (Central Act I of 1894)", the expression "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) or any other State law" shall be substituted. Insertion of new

section 75-A.

39. After section 75 of the principal Act, the following section shall be inserted, namely:—

"75-A. Establishment of commercial projects.— The council may, with the approval of the Government, either on its own or through public or private participation mode, undertake the planning, construction, operation, maintenance or management of commercial infrastructure projects, including district centres, community and neighbourhood shopping centres, industrial estates, bus or truck terminals and tourist lodges with commercial complexes or any other type of commercial or community project.".

Amendment of

section 76.

40. In section 76 of the principal Act, for the expression "and such monetary limit shall not exceed five crore of rupees" shall be omitted. Amendment of

section 78.

41. In section 78 of the principal Act, —

(1) in sub-section (2), for the proviso, the following proviso shall be substituted, namely:—

"Provided that where any municipal land or building is required by the Central or State Government or any Central or State Public Sector Undertaking for any public purpose, the council may permit the sale or lease of such land or building.";

(2) in sub-section (3),--

(a) for the expression "licence", occurring in two places, the expression "licence or lease" shall be substituted;

(b) for the expression "payment of fee", the expression

"payment of fee or rent, as the case may be" shall be substituted.

112

42. In section 80 of the principal Act, in sub-section (1), for item (e), the following item shall be substituted, namely:—

Amendment of

section 80.

"(e) Company tax.".

43. In section 81 of the principal Act, —

(1) after sub-section (1), the following sub-section shall be inserted, namely:—

Amendment of

section 81.

"(1-A) The taxes shall be levied at such percentage of the annual value of the building and land which is occupied by, or adjacent and appurtenant to, the building or both as may be fixed by the council based on the floor rates fixed by the Government;";

(2) after sub-section (3), the following sub-section shall be added, namely: —

"(4) The council shall not, reduce the rate at which the property tax or any class of such tax is levied or abolish such tax except with the previous sanction of the Government.".

44. In section 82 of the principal Act,—

(1) in sub-section (1), for the expression "buildings and lands", the expression "lands, buildings, telecommunication towers and storage structures built on, or attached to, land" shall be substituted;

(2) in sub-section (6), for the expression "rupees two hundred and fifty", the expression "two thousand rupees" shall be substituted. Amendment of

section 82.

45. For sections 83, 84 and 85 of the principal Act, the following sections shall be substituted, namely:—

Substitution of

sections 83,

84 and 85.

"83. Method of assessment and calculation of property tax.— (1) Every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto unless the owner of the building is a different person from the owner of such site or premises.

(2) The annual value of land and building shall be deemed to be the gross annual rent at which they may reasonably be expected to be let from month to month or from year to year less a deduction in the case of building, of ten per cent of that portion of such annual rent which is attributable to the building alone, apart from their sites and adjacent lands occupied as an appurtenance thereto; and the said deduction shall be in lieu of all allowances for repairs or on any other account whatever:

Provided that-

(a) in the case of any building of a class not ordinarily let, the gross annual rent of which cannot, in the opinion of the Commissioner, be estimated, the annual value of the premises shall be deemed to be six per cent of the total of the estimated value of the land and the estimated present cost of erecting the building after deduction for depreciation a reasonable amount which shall in no case be less than ten per cent of such cost ;

113

(b) in the case of any building in any industrial estate wherein essential amenities including water supply, drainage and lighting are not provided by the municipality but provided by the Industries department of the Government, the annual value of such building shall be deemed to be four per cent of its capital value:

Provided that, if any question arises whether for the purposes of this clause, essential amenities are provided by the Industries department or other authority, it shall be decided by such authority as may be prescribed. Explanation.- For the purpose of this clause, 'industrial estate' means any area selected and developed by the Government or developed by any other authority under the control of the Government, wherein any industry or a class of industry are accommodated; and

(c) machinery and furniture shall be excluded from valuations under this section.

(3) The Government shall have power to make rules regarding the manner in which, the person or persons by whom and the intervals at which, the value of the land, the present cost of erecting the building and the amount to be deducted for depreciation, shall be estimated or revised, in any case or class of cases to which clause (a) or clause (b) of the proviso to sub-section (2) applies, and they may, by such rules, restrict or modify the application of the provisions to such case or class of cases.

(4) The property tax calculated in pursuance of this section shall be payable for every half-year and shall be paid by the owner or occupier within the half-year period.

Explanation.— For the purpose of this sub-section, the expression

"half-year" shall be from the 1st day of April to the 30th day of September and from the 1st day of October to the 31st day of March of a year.

(5) The Commissioner shall issue a property tax book containing all the details of the building or land and the property tax payable in relation to such building or land in such form as may be prescribed.

(6) (a) The council shall, in the case of lands which are not used exclusively for agricultural purposes and are not occupied by, or adjacent and appurtenant to, buildings, levy property tax on such lands at such rate as it may fix, having regard to its location and subject to the minimum and maximum rates per square feet as may be prescribed by the Government.

(b) Where there is any land with building situated within the municipal limit, and if the extent of the land left vacant is twice the plinth area of the building, the Commissioner shall determine the property tax on the vacant land which exceeds twice the plinth area of the building at the rate fixed by the council.

84. Incentive and penalty for payment of property tax.— (1) Five per cent of the net property tax payable by an assessee, subject to a maximum of five thousand rupees shall be granted as an incentive, who has paid the property tax within thirty days from the date of commencement of the half-year.

(2) After the completion of a half-year, if any property tax remains unpaid, the assessee shall pay, in addition to the amount due, interest at such rate not exceeding one per cent simple interest per month, as may be prescribed.

114

(3) Where the arrears amount are due to the municipality consequent on the orders delivered by the Taxation Appeal Committee or any court in the appeal preferred by the assessee, the assessee shall pay the said amount with one per cent simple interest per month from the due date of payment of the said amount, within thirty days from the date of delivery of the order.".

46. After section 86 of the principal Act, the following section shall be inserted, namely:—

Insertion of new

section 86-A.

"86-A. Enhancement of property tax.— The council shall, by resolution, enhance the property tax at such rate within the minimum and maximum rates, as may be notified by the Government, from time to time.".

47. In section 87 of the principal Act,—

(1) for clause (c), the following clause shall be substituted, namely:—

Amendment of

section 87.

"(c) buildings used for educational purpose including hostels and libraries, run by the Central or State Government or municipality or institution aided by the Government as approved by the council:

Provided that the buildings used for educational purpose by the Government aided institutions for conducting self-financing courses shall be subject to levy of property tax.".

(2) for clause (e), the following clause shall be substituted, namely:--

"(e) charitable hospitals and dispensaries, subject to the guidelines as may be prescribed by the Government in this behalf, but not including residential quarters attached thereto;".

48. After section 91 of the principal Act, the following section shall be inserted, namely:—

Insertion of new

section 91-A.

"91-A. Levy and collection of company tax.— The council may levy company tax at a rate not exceeding ten thousand rupees per half- year, as the council may determine and collect such tax in such manner as may be prescribed.".

49. Sections 92, 93 and 94 of the principal Act shall be omitted. Omission of sections 92, 93

and 94.

50. In section 98 of the principal Act, in sub-section (1), for the expression "six months", the expression "two years" shall be substituted. Amendment of

section 98.

51. In section 100 of the principal Act,—

Amendment of section 100.

(1) in sub-section (1),-

(a) in clause (ii), for the expression "municipality", the expression "municipal council" shall be substituted;

(b) after clause (ii), the following clause shall be inserted, namely:—

115

"(iii) for every municipal corporation, consisting of the Chairperson of the council who shall also be the Chairman of the Taxation Appeals Committee and nine Councillors elected by the council with nine officials as may be notified by the Government.";

(c) in the proviso, for the expression "or the municipality", the expression "the municipal council or the municipal corporation" shall be substituted;

(2) to sub-section (3), the following provisos shall be added, namely:-

"Provided that on and from the date of commencement of the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022, all matters and proceedings pending before the Taxation Appeals Tribunal constituted under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu IV of 1919) on the said date, shall stand transferred to the Chennai City Civil Court or the Principal District Judge having jurisdiction over the area of the Chennai City Municipal Corporation and Chennai city civil court or the Principal District Judge shall proceed to deal with such matter or proceeding from the stage at which it is transferred or from any earlier stage or de novo as the Chennai City Civil Court or the Principal District Judge may deem fit:

Provided further that an interim or interlocutory order granted by the Taxation Appeals Tribunal shall continue to be in operation unless the Chennai City Civil Court or the Principal District Judge by an order varies or modifies the same.";

(3) in sub-section (4), for the expression "town panchayat or municipality" occurring in two places, the expression "town panchayat, municipal council or municipal corporation" shall be substituted. Omission of

section 101.

52. Section 101 of the principal Act shall be omitted. Amendment of

section 102.

53. In section 102 of the principal Act, for sub-section (3), the following sub-section and Explanation shall be substituted, namely:—

"(3) On receipt of such application, the Commissioner shall, if the application is in order, grant licence:

Provided that the Commissioner may inspect the place in which the trade or business is to be carried, if considered necessary:

Provided further that no application for grant of licence shall be refused without giving a reasonable opportunity of being heard:

Provided also that if the application is not disposed of within a period of sixty days from the date of its receipt, the licence applied therein shall be deemed to have been grated on expiry of the said period. Explanation.— For the purpose of this Chapter, the expression 'trade or business' shall mean any category of shop, establishment, factory or industry, as may be notified by the Government, from time to time.".

Insertion of new

section 102-A.

54. After section 102 of the principal Act as so amended, the following section shall be inserted, namely:—

"102-A. Power to carry out randomised inspection.— The Commissioner may carry out a randomised inspection of any trade or business for which licence has been granted under this Chapter in such manner as may be prescribed.".

Amendment of

section 107.

55. In section 107 of the principal Act, in sub-section (2), for the expression "destroyed", the expression "removed" shall be substituted.

116

56. After section 108 of the principal Act, the following section shall be inserted, namely:—

Insertion of new

section 108-A.

"108-A.Grant of licence for spa and massage parlours.— (1) No place shall be used as a spa and massage parlour within the municipal limit without a licence granted by the Commissioner.

(2) Any person desirous to carry on spa and massage parlour shall apply to the Commissioner for obtaining licence in such Form, in such manner and on payment of such fee, as may be prescribed.

(3) On receipt of an application under sub-section (2), the Commissioner may, by order, after holding such inquiry as he deems fit, grant the licence or, for reasons to be recorded in writing, refuse to grant the licence after giving a reasonable opportunity of being heard. Such licence may be renewed for a period not exceeding the period for which it was granted.".

57. Section 114 of the principal Act shall be renumbered as sub- section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:—

Amendment of

section 114.

"(2) In case the licencee continues to violate the conditions of licence, or disobeys the order passed under sub-section (1), the Commissioner may cause the premises of the business to be locked and sealed and also initiate criminal action therefor.".

58. After section 114 of the principal Act, the following section shall be inserted, namely:--

"114-A. Consequences of failure to obtain licences, etc., or of breach of the same.-- If under this Act, or any rule, bye-law or regulation made thereunder, licence or permission is necessary for doing of any act and if such act is done without such licence or permission or in a manner inconsistent with the terms of any such licence or permission then, save as otherwise provided for in this Act,--

(a) the Commissioner may, by notice, require the person so doing such act to alter, remove or as far as practicable, restore to its original state, the whole or any part of any property, movable or immovable, public or private affected thereby within a time to be specified in the notice;

(b) the Commissioner or any officer duly authorized by him may also enter into or on any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act; and

(c) the person doing such act shall be liable on conviction before a Judicial Magistrate to a fine not exceeding twenty-five thousand rupees for every such offence.".

Insertion of new

section 114-A.

117