The Tamil Nadu Urban Local Bodies Act, 1998

The Tamil Nadu Urban Local Bodies Act, 1998 Act 9 of 1999 Keyword(s): Appoint, Building, Building Line, Carriage, Casual Vacancy, Council, Councillor, Infectious Disease, Latrine, Municipality, Municipal Area, Municipal Office, Nuisance, Occupier, Open Space, Ordinary Vacancy, Owner, Park, Play-Field, Private Street, Public Street, Public Water-Course, Reconstruction, Rubbish, Salary, Sanitary-Worker, Scheduled Castes, Scheduled Tribe, Solid Waste, Street-Alignment, Tamil Nadu State Election Commissioner, Urban Local Body, Ward, Ward Office, Ward Officer, Wards Committee, Water-Course Amendments appended: 54 of 1999, 26 of 2000, 10 of 2001, 35 of 2022, 19 of 2023 24 of 2024, 25 of 2024 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. 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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. - - _ - - . - - - - - ---w-- _._^ -- - ----------._I - -..- - -- ---I_- TAM& NAD U C;OVERNMENT GAZETTE EXTRAORDINARY at --..~ &--- - +- 16 ,'!I u'4ib:lidn of 'PIb&l ic mretings on the day p:eccding the election day and on the day. . 17 L)ljturbnnezs ,at election meetings. 18 Restrictions on printing of pamphlets or posters. 19 Oacers. etc., at elections not to act for candidates or to influence voting. ,TX.$ ,. . 20 Piohibition of canvassing in or near p~llingst ations. , 2L Pznalty for disorderly conduct in or near polling stations. e 22 Panalty for misconduct at polling stations. 23 Penalty for hiring or procuring of velticles for conveyance of voterat elections. 21 Bre%cho f official duty in connection with election. 25 Removal of ballot papars from polring stbtions to be an offence. 26 Other offences and penalties. ' 2, . Prosecution regarding certain election offences. 28 ~equisitioningof buildings, vehicles, etc., for election purpose. 29 Corrupt practices. DlSPUTES REGARDING ELECTIONS, 30 .EIection petitions. 31 Grounds for declaring elections to be void. 32 isq qualification of Chairperson or councillors. 33 Oath or affirmation to be made by Chairperson and councillor. 34 Resignation of Chairperson, councillor and member and Chairperson ot committee. 3j Dscision of question of disqualification of courcillor. CHAPTER -1V. Z-J ~NC~LC,O .MMITTEE. CHAIRPERSON. COUNClLLOR, COMMISSIONER. AND CONSTITWON .-/I:.I,"~ICIPAL SERVICF. 36 Municipal Authorities. 37 Constitution of Council. 38 &$ervation of offices of Mayor in Municipal Corporation f~r~rnembeorfs Schdukd Castes or Sc~adulod Tribes and for women. ~ ~ ~ eof o~fficevso f C~haitrpeirson~ in ~mun icipa!ities and town ~anchayats. 39 40 p>.ners and functions of COU~C~~. 41 efonstituti0n of joint cornnlittee or s~eciaclo mmittee. 42 and orders of Council. 43 Duties and powers 9f counciliors* 44 chairperson of municipality. 45 powers and duties of Chairperson. (A Group) IV 2 Ex. (398WA 46 Deputy Chairperson of municipality. 47 Delegation of funcitons of Chairperson to councillor in atrerce of Deputy Chairperson. 48 Payment of honoraria, fees or allorances t ~hacirpe rson, Deputy Chais$erron and councilloo. 49 - m u t i o n o f wards ccmmittee. 50 Dissolution of Council. 51 Motion of no confidence against Deputy Chairperson. 52 Removal of councillor or Chairperson. - 53 Saving of vs-lidity of proceedings. 54 Appointment of Special Officer of mur.icipa1ity. Bb 55 Powers of Government and Collector for purpcse of control. APPOINTMENT OF COMMISSIONER' EXECUTlVE OFFICER AFD CCNSTITUTICN OF- MUNIClPAL SERVICE. ew .. I 56 Appointment of Commis~iorera na Executive Officer of ~unici~ality. 57 Power of Commissioner of municipality. 58 Constitutian of municipal service? .". . . .. - 59 Municipal establishrnec: 60 Method of recruitment. 61 Fisation of cadre strengthland cleation' of ~ocls. CHAPTER-V. FINANCE AND BUDGET. 62 Jlulticipal fund. 63 Appointment of auditc~so f accounts, 64 kuthorised expenditure. 65 paymcnt of amount by a munici~alityfo r any specid ucr k. 66 Pbwer of municipality to borrow moncy. 67 Form, effect and payment of debentures, 68 Maintenance and investnent of sinking fund. 69 Priority of paqments for interest and repapent of lcaos 01 er otker ~ sn;? ent. 70 P~eparationo f budget. g 7l Prepaiation of supplenlental bcdget and final mcdificaticl; and 3p~rcpriztlon <- 72 Constitution cf Finance nmissio~. 1 CHAPTER-VI. PRGPEH'TY,M'ORI<S, TAXATION. LICEXCE AID FEES. & , PROPERTY AND \YGRKS. 73 Accet~a rice of trust propertleu. 74 Power to acquire land for municipality, ; 75 Entrustneflt of' any work to n:unicip,llity not prc~idedf cr uoder this Act. Grant of licences by Commissioner in certajn casts. Power LO canccl or suspend liccnrx. ,144 Period of licence. 145 Power to stop work. Revision by High Co~rt. Bar of cornpensat ion. Bar of jurisdiction of courts, Chapter to override other laws. Delegation of powers by Government. . , . CHAPTER-IX. , : 4: ' WATER SUPPLY AND SEWERAGE. . . .. I . ! , , ,. 19 Application of this chapter. , ... ' : I I '... ) '19 Ve'stihg of water works in municipdlity. ( . # *., (0 ,, 15s House, drains and private cess-pools. , . & . . . .. 1% Entrustment of water supply and drainge work. . 157 Supply of water by municipality and provision for water meter. 158 Supply of water for commercial, industrial and othcr purposes. 159 Supply of water to other neighbouring local bodies. . . . 3; , ' . .. 160 Power to disconnect water supply connection. t:. 161 Prohibition of allowing or throwing any material in water~sourccso r drainage. *... 162 Power to undertake municipal work in any.private properly and poiver to enter into.priv#e hnd. *, ,, t I , 163 Rcpzir of public tank, wells and other works by te1.1porarily rcmoring ncarby residents.. , . , ,, , . ni . 164 Power to order filling in of pools, etc., which are nuisance. , . 4 , 8 I 'i : t , .. . 165 Regulation or prohibition of certain kinds of cultivation. .:.!A }c; CHAPTER-X. PUBLIC HEALTH AND SOLID WASTES XIANAGEMENT. -.;,,, - ' I , 4f 166 Qbligation to report infectious disease. , . , ....wi '1; 167 Power to enter and remove patient. 168 Disinfection of building and articles. . 169 Po:":r to order closure of infected buildin:. .. !f- - . 110 poi,,:r to commij~jon:i to prohibit use 0: .?:?::r I.ki!i 11 5-7. :! :T:~'~in. ~~p~latcioonntro l, family welfare and small family norm. 171 ~ - - TAMIL NADU GOVERNMENT GAZE1TE EXTRAORDIEARY 5 - - -- - C C - Burial and burning grounds and cre: natoria. Regulation in respect of carrying or dispos~lo f corpse. . Removal of doad animal. : Disposal of solid wastes and drainage water. i Introduction of modern methods for clearance of soild waste in municipality. 7 Removal of garbage. 3 Legal action against persons or industrial units for non removal of solid wastes or debris. 9 Applicability of Tamil Nadu Act I11 of 1939, CHAPTER- XI. PROCEDURE AND MISCELLANEOUS, $0 Penalties. (1 Liability of Chairperson, Deputy Chairperson, Councillor, Commissioner, Officer and employee for any 10% waste or misapplrcatlon. 32 Limitation for recovery of dues. 63 Sanction for prosecution of Chairperson, Dcputy Chairperson, Councillor, Commissioner or any officer employee of municipality. H Chairperson, Deputy Chairperson, Councillor, Commissioner, officer and employee to be public servants. 85 Elrercise of powers of police officers by lnunicipal officers and emp1oyt;es. 86 Cognizance of offences. -87- Protection of action taken in good faith. 188 Offences by companies. 189 Injunctions not to be granted in election or assessment proceedings. 190 Power to enter to inspect, survey or execute work. 191 Payment of compensation for damage to municipal property. 192 Prhhibition against rcmoval of any municipal property. 193 prohibition against obstruction of municipal authorities, officers or cs plcyce c.f n tir.ici s.l;l! :r iic,, 1% Method of serving document. 195 Power of person conducting election ~ n doth er inquiries. 196 Summons to attend and give evidcnce or produce documents. 197 Power to remove difficulties. iPt Power to make rufes. 199 Regulations and by-laws to be framcd by the Council. 280 Repeal and savings. ' --- - -- P - . . ------ -- -- . .- - - - - -- - ------- - -- . - - - ----.------ - .. - -- .- ----- - - The foU0~'ngA ct of the Tamil Nadu Legislative Assembly received tho assent of the Prmident on the 4th May 1999 and is hmeby pub1ishM for fnformaton r- ACT No. 9 OF 1999. An Act to amend and coasolidatot bo lam dating to Municipalities and Municipal Corporations in the Stab of Tamil Nada and for-matters comoctod thowith and incidental thereto. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-ninth Yoar of the Ropublic of India as follows :- CHAPTER-I. i PRELIMINARY. 1- (1) This Act may be called the Tamil Nadu Urban Local Bodies Act, 1998. Short titIo, oxtcnt and commencement. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall Gome into foroe on such date as the Government may, by notification, appoint. 2. In this Act, unless the context otherwise requires,- Dellnitions. (1 ) " appoint includes to appoint temporarily or in an officiating capacity and " appointment "" shall be construed accordingly ; (2) " building " includes- (a) a house, out-house, stable, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other materials whatsoever ; (b) a structure on wheels or simply resting on the ground without founda- tions ; and (c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used.for keeping or storing any article or goods ; (3) " building line " means a line which is in rear of the street-alignment and to which the niain wall of a building abutting on a street may lawfully extend and beyond which no portion of the buildlng may extend except as prescribed in the building rules ; (4) " carriage means any wheeled vehicle with springs or otber appliances " acting as sprinB and includes auy kind of bicycle, tricycle and cycle-rickshaw but does not inclu e any motor vehicle within the meaning of ths Motor Vehicles Act, 1988 ; (5) " casual vacancy means a vacancy occurring otherwise than by efflux " of time and " mid-term election " means an election held 6n the occurrence of a -. casual vacancy ; ;6) Chairperson and " Deputy Chairperson " means,- " " ra) in relation to a municipal corporation, the Mayor and the Deputy Mayor, respectively : (b) in relation to a municipality, the Chairperson and Vice-Chairperson, respectively ; and (c) in relation to a town panchayat, the Chairperson and Vice-Chairpersor.: respectively ; (7) " Comm~ss~on"er m eans- (a) in relation to a municipal corporation arra mnnlapality, the Corn- 8 eissioner of rne municipal corporation or wunicipality, as tuc case may bs : and (A Group) 3Y.2 EA,' 3'381.-2 (8) *4cornmittee" means the Standing Committee, wards Commi~eeo r any ' other committee constiturea under this Act ; (qJ ,':company" g+q+aS~: ;,; .\s &: t c ~ r "a . ' : 7 , , 'I : > l r b.# - 3 ' ,- ' :.I )*( a)* k 4 =6mpa~jadi , e : f I i n.e.d? in \ t, t $ h .,, e Companies hct, 1956; including any Central - f ~ -- r - t=;~annz yany xyithin thp Eeani~e of s~rti~59n1 nf th9f Act ; ' * , i I (b) any bhd y cirporate ; or (c) any firm or association, vyhether incorporated or not, carrying on business in the State of Tamil Nadu whether or not its principal place of busmess 1s situated in the said State ; (LO) acouncil" means the council of the municipal corporition, municipality or town panchayat. as the Fase may be; (11) ucouncillor" means the councillor elected to a municipal corporation, municipality or tb .-.q vanchayat, as the case may be ; (12) "date 01. the coilllllence~llerlto f this Act " means the date appointed under sub-section (3) of section 1 ; (13) Director means,-- " " (a) in relation to municipal c~rporation,t he Director appointed byathe & Government for the corporatims and if there is no Director for any Corporation, the Government ; (b) in relation to a municipality, the Director of Municipal Admixistratior, ' appointed by the Gover~lment: and (c) in relation to a town panchayat, the Director of ?own Parrchrryats appointed by the Governn~er~;t (14) ''Finance Commission'' means the Finance Commission referred to in .' section 72 (1 j) g'food" includes,- (a) every article (other than drugs and water) used as food or drink for human consu laptioil ; (b) all materials used or admixed in the compositioll or preparation of such azticles ; and (c) flavouring or colouring matter, conl'ectio;iery, spices and conc; iments; (16) "Government" means the State Government; (17) *linfectiousd rs:ase" shall have the same meaning as in section 52 of Tamil IhcTamil NaduPublic Nealt!~h ct, 1439 ; Act I If (IS) "latrine" means a place set apart for defecating or urinating or both; (!?) "m~nicipality'~w ith its grammatical variation means the nlunicipel corporztlon or the municipality or the tow11 panchayat constittited or c~eemedt o have been const~tutedu i16 er this Act ; (20) "rn~anicjpala rea" n-.ear,s the territorirl area of tlie mullieirelity as it notified by the Goverror ulfci er ciause (d) crf Article 243-P of ttLeC 01 stitutiol- ; - F TAMIL NADU GO.V E - RN- .M ENT GAZET'JX EXTKAO.~WAI: .. . -. . ' . . . . I , , ' 7 (21) " municipal office " means the principal office of the municipality ; ' ' 02) " nuisance " includes any act, omission, !la ce or thing which eauw # i3:ge y to cause injury, danger, amoyance or of ence to thc sense of sight, dieu or hearing or disturbance to rest or slap or wKch is or may be dadgerous fo fife or injurious to the healrn 08 property of tho public or the people in general @hod well or occupy property in tho vicinity, on persons who may have occasion to use public place as a right ; (23) occupier includes,-- " " (a) any pt:rson for the time being paying or liable to pay to the owner the aent or any portion of the rent of the land or building or part of the same in respect -of which the word is used or damaged on account of the occupation of such land, builcling or part; and (b) a rent--free occupant ; (24) "open spacew means any land whet her enclosed or not bqfonging to %he.G overnment or any local aufhority, pn which there are no buildings or of whlch not more than one-fwentleth part 1s coverrd with buddings and the whole or the remainder of which is used for purpose of recreation, air or light ; (25) ordinary vacancy " means a vacancy cccurring by efaux of time and " "'G eneral election means an election held on the occurrence of an ordinary " vacancy ; (26) owner " includes- " (a) the person for the time being receiving or entitled to receive whether ..on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose the rent or profits of the property in connection with which the word is used; and (b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used ; (27) "park" means a piece of land on which there are no buildings or of which not more than one-twentieth part 1s covered with buildings and the whole or the remainder of which is laid out as a garden with trees, or flower-beds or as a lawn or as a meadow and maintained as a place for the resort of the public for recreation, air or light ; (28) "play-field" means a place of land aaapted for the purpose of play, game or Sport and used by schools or colleges or clubs; (29) private street means any street, road, square, court, alley, passage " " ,or riding-path which is not a '' public street " but does not include a pathway made by the owner of premises on his own land to secure, access to or the convenient use of such premises ; (30) public street " means any street, road, square, court, alley, passage " or riding-path over which the public have a right of way, whether a thoroughfarr: or not, and includes- (a) the roadway over any public bridge or causeway; (b) the footway attached to any such street, public bridge or causewiiyr - .laad (c] the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah ar other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Central or any State Government or nublic undertaking; (3 1) " public water-coursa, sp ing, well and :ank " include those usedlby the public to such an extent an to give a prescriptive right to such use : (32) reconstraction of a building includes- " " (a7 the re-erection wholly or partially of my building after more than ones nalf uf its cubical contents has been taken down or burlit down, or has fallen down whether at one time or not; /,b) the re-erectim wholly or partially of any building of whicli dn ~irtet i ivall has been taken down or burnt down or has fallen dowr~ or within three .,L metres of, the grovnd adjoining the lowest storey of the building, and or any frame building which has so far been teken down or burnt down or h3s h!lea donn E* ts leave cnly the hame work ot the lowest storey; - - . ? - . - , - -- .2 TAMIL NADU GOVERNMENT GA - ZEmE EX TRAORDINARY - c ..- (c) &e conversion into a dwlling-house er a place of public worss? efan~ bu~ldlngn ot originally constructed for human habitation or for public WO~S~~P t , h e cna may be, or the ecnversioa into mere than one dwellin~heusce l buHiag originally constructed as o ~dweea reUin&house on:y or the conversion of dwelling-ho- _ into a fwkry ; A ( . , . <. 1 (d) the re-conversion into a dwelling-house'or a place of public wonhip or 8 factory of any building which has been discontinued as, or appropriated for any purpaw etixer man g rrnft~:~g-!x>-c2~1 t8 plscc cf public worship or ti ffMOV, 85 the case may be ; - (33) " Regional Director means,-- " (a) in relation to municipality, the Regional Director of ~unicipal Administration having jurisdiction over the lnunicipality and appointed by the Government ; and (b) in relation to town panchayat, the Assistant Director or Zonal Director of Town Panchayat having jurisdiction over the town panchayat and appointed by tho Government ; (34) residence "--" reside "-a person is deemed to have his *#residence'" ' or to "reside " " in any house or hut if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any suth house or hut merely because he is absent from it orehase lsewhere another dwelling In which he resides, if he is at liberty to return to such house or hut at any time and has not abandoned his intention of returning ; (35) " rubbish " means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not solidwaste " ; " (36) " salary means pay and acting pay or payment by way of commission " and includes exchange compensation allowances, but not allowances for house-rent, camage-hire or travelling expenses ; (37) " sanitary-worker " means a person employed in collecting or removing rubbish or solidwaste or in cleansing drains, latrines, or slaughter-houses or in driving carts used for the removal of rubbish or solidv~aste; (38) "Scheduled Caste," shall have the sane c eilning 4s dtfilled in the Constitution ; (39) " Scheduled Tribc, " shall have the same meaning as defined in the Constitution ; (40) solid waste " means- " (a) nightsoil and othlx contents nf latrines, cesspools and drains ; (b) dung and refuse or 1-lseless or offensive material thrown out in conse- quence of any process of manufdcture, industry or trade ; (c) putrid and putrefyiug substances ; (e) the solid waste discharged from the hospitals , and re1 such oti-er solid wa5te which aye detrimental to public herrlth ; (41) " Standing Committee " means the Standing Committee referred to in section 36 ; (42) " street-alignment mans a line dividing the Iaitd comprised in and " forming part of a street from rhe adjoining land ; (43) " Tamil Nadu State Election Commissioner means the Tamil Nada " StateElection Commissioner referred to in section 5 ; (44) " Tamii Nadu Stat; Election Commission " means the Tamil Nadu State Election Commission refcrrea to in section 5 ; ---______ ---- .. - -- -- -- -. p~ --- - - - . * M I I J I I ~ I ~ ~ I - I - ~ - - Y . . ) * . I . I ~ U ~ - - ~ I I R I I A - .. - . -- - (45) "urban local body " or local authority " means thc muddpal corporation Or mitllicip&lity or town pa " ac hayst, as the case may be : (46) " ward " means the ward of a municipal corporation or' bunicipality or town ~anchayata s may Fe notified under 8; (47) " ward office" means an office established in relation to a wards committee ; --- --..-" - - - - ward o I \ f A i '" i Q c I ' e " o u f *m th * e a mu--wu- nlclp " a l - -n c r o * r po a r * a ti " - o =a n n - - o Ir* n .m. n = - u n n. :r .i t c" n i r p- l a-El h - . Y r + - ; h a a - C m - .p . -m - - m -- m - t - -f a-r- the (49) " wards commttee meats the wards committee referred to in section I " ;50) " water-course includes any Aver, stream or channel whether natural " or artificial ; (51) "year" means the financial year. CHAPTER IT. CONSTITUTION AND RECONSTITUTION OF MUNICIPALITY, 3. (1) The Governor may, by notification, having regard to the population of Constitution o the area, the density of the population therein the percentage of employment in Municipality. non-agricultural activities, the revenue generated for local administration, the economic importance or such other factors as he deems fit, constitute any local area as,- (a) a " town panchayat where the population is estimated at not less than " twenty thousand and the annual income of such area is not less than thirty lakhs of rupees ; (b) a ~nunicipality where the population is estimated at not less than " " thirty thousand and the annual income of sl~cha rea is not less than flfty lakhs of rupees ; Explanation. I-For the purpoye of this section and sections 7, 37, 38 and 39, " population " means tile population 5s ds~ertaiiled at tne last pre- ceding census of which the relevant fizures have ~eenp ublished by the Central or the State Government. - . ., Explanaiion XI.-For the purpo$c of this sectio,~' "annual inct,me9'm eans rhc I :I vcrage in come of a panchayat constltuted under be Tarcil Nadu Panoha~zt .?s:, 109 1 or of a ,ndnicipdlity for the last three co.!secutive years. . . . . . . (2) (a) The Govern01 ,ray, by notification, d~clareh is intentiony- (i) te jtlcIilde within tk- *vqicipaIitya ny locJ area contiguous thereto and defined In suc11 not~ficatlotl; or (ii) to exclude from the ~~~unicipaiaintyy local area coinprisea therein dud defined in such notification: Provided that no c.~ntonments hall be inciuded within the nunicipality, [b) On the p~~biicatioonf the notification under sub-section (I), any person residing within the local area concerned in relation to which any such. not~ficatlon has been published or any municipal council affected by any such notification may subir~ito bjections, in writing, to any officer authorised in this behalf within forty- f~ved ays fron~t he date of publication of such notification. .--- -- - - .- . .- - - - - - - - - - - - a- -- . -- - - - - - - - - -.- .->- -* -- :-- . - - - . . - + . -- :- - -* - - - - -- .-- - -- - - - - -.7- --I - - - .- - -- 44 TAML NADU GOVERNMENT GAZETTE E&TMoR;D~NARY - '1 L *,-,-, t. ; r-Tr24.. - (63 Tha Governor may, after considering the objections and recommenda- ' tions reqiy~#.,wcl ause (c) declarej by notification, the inclusion within, or exclusion fiom, the municipality, any local area. (e) On publication of the notification under clause (d), this Act shall come into force in, or cease to apply to, any such local area or any portion thereof, as th3 case may be, on such date as may be specified in the notification under clause (d). (f) The inclusion of any village panchayat in any municipality shall not affect the previous operation of the Tamil Nadu Panchayats Act, 1994, in respect Tamil Nadu of that ares and any penalty, forfeiture or punishment incurred, in respect of any Act 21 of 1994 offence committed against the said Act, or any investigation, legal proceedings or I remedy in respt,' of the said penalty, forfeiture or punishment and any such penalty, - forfe~tureo r punishment may be imposed as if this Act had not been passed. (g) And person aggrieved against the notification published by the Governor under clause ( ) may prefer an appeal to the High Court within thirty days from the date of publication of such notification. (h) If any local area in which the Tamil Nadu Panchayats Act, 1994 is in Tamil Nadu force, is constituted as or included in a municipality, the Government may pass Act 21 of 1994. such orders as they may deem fit as to the transfer to the municipality or disposal otherwise of the assets, or institutions of any panchayat in the local area and as to the discharge of the liabilities if any, of such panchayat relating to such assets or institu- tions, and as to the transfer or retention of the officers and servants working in the local area as the case may be. (3) Every municipality constituted or deemed to have been constituted under this Act shall be a body corporate and shall have perpetual succession and a common seal and subject to any restrictions or qualiEcations imposed by or under this Act or any other law shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, makable or im- movable, or entering into contracts and of doing all things necc:ssary, proper or expedient for the purposes for which it is constituted. (4) The Government may, by notification, classify municipalities into various grades for the purpose of effective administration of the said municipalities in accordance with such norms as may be prescribed. Reconstitution of 4. (1) On and from the date of the commencement of this Act,- f'own Panchayats, Municipalities end Municipal (a) the Town Panchayats and Munioipalities constit~tedu nder the Tamil Corporations. Nadu Distriat Municipalitins Act, 1920 sha.11 be deemed to have been constituted Tamil Na and inaorporated under this Act and are hereby declared to be the Town Pancha- yats and Muniaipalitics as the case may be by their respective names and in their respective areas; I (b) (i) the Muriicipl Corpolation of Chennai constituted under the Chennai T City Municipal Corporation Act, 1919 ; (ii) the ~unlcipaCl orporation ot Madurzi constituted ucder the Madurai Tamil City Municipal Corporation Act, 1971 ; fiii) the Municipal Corporation of Coimbztore 'cnstituted l:nder the Coimbatore Clty Mucicipal Corporation Act, 1981 ; (iv) the Municipal Corporation of Tiruohirappalli constit~tedc nder the Tiruah~rappalliC ity Municipal C~rpo~~ti~ocnt 1,9 94 ; (v) the 3lcnicipl C~~ratioofn T ircoelveli cocidrnted ~ p z eth~e ~irundd(i bx cnk$e~c .~*D ~ c t ,19 94 ; t2" - - -- -- -- __ _ _ ______--- -- -.-...-* -r -- - - .- - -- - ---- - -- --- :- GO~ERNM~GAYZTET TE EXTRAORDINARY 45' -1- (vi) :Zc ;viuniciP3l Corporation of Salem constitwed under the B!e 9 City Munici~lC orporation Act, 1994 ; shall be deemed to have been constituted and incorporated under this Act and ale hereby 4scla~pdto be,the Munidpai Corporations by the aforesla' ~nhmcsa nd in thki. r res@ . < . c ?,.i yk:, municip.l area. . ? I S , t ,. . ' -. .<A , ... PS: . v.C L; , , " 7" I - (2) Any appointment, notific":ion, notice, tax, order, scheme, ligeqe. pelmission, xule, by-law or form made or issued or imposad *under ' the " hats t .,% , rL - ,' $.~ht;! referred to in sub-section (1) in respect of such munf~ipalityw hiah were in,fbroe 'I': !d I* 25 ~ppfiGibIi~ii iiiidi~tdyt $'vip diiig of ;he oc, ~ ~ ~of this, A d~ +&!I '(~ e ~ t continue to be in forc~an d be deemed to have been made, *issuedo r imposed u'dbbr' the provisions of this Act unless and until it is superseded by any appointment, notifioation, notic~t,a x. order, scheme, licence, perm'ssiotl, rule, by-L\r ortform - .. made or issued or imposed under this Act. I CHAPTER 111. CONDUCT (3P BLE~IONS. I , 5. The super~ntenc~cnccd, irection and control of the preparation of electoral Election to rclls for, and the cor~ducto t, ~ lellec tions to the municip?lity, shall be vested in the usi id pal if^. Tamil Nadu State: Flection Commission consisting of a Tamil Nadu State Election Commissioner to b:: appointed by the Governor under Article 243-IC of the Constitution. 6. (1) Whew in cnnnectian with the tendering of any opinion to the Governor, Powers of the Tamil Nadu State Elcction Commission considers it necessary for proper to make Tamil Wadp an irlquiry and the Comr~issioni s satisfied that on the baais of the affidavits filed State and the doouments produced in such inquiry by the parties concerned of their own Election accord, it cannot ccims to a decisive opinion on the matter which is being inquired C~mmission. into, the Commission sh211 have for the purposes of such inquiry, the powsrs of a ral Act- civil court, while trying a s~.itu nder the Code of Civil Procedure, 1908 in respect of 1908. qf the bllowing matters, namely :- (a) summorting and enforcing the attendancc of any person and examining him on cath ; (h) requiring the c;iscovery and production of any doi:ument or other material object produceable as evidence ; (c) receiving evidence on affidavits ; (d) requ:sttlontng any public record or a copy thereof from any court or (e) issuing comlnissions for the examination oi witnesses or documents (2) The Commission shall also have the pawer to require any person, subject to any privilege which may be claimed by that parson under any law for the time being in force to furnish information on such points or matters as in the opinion of the C;mrnisgic?n may bs useful for. or relevant to, the subject matter of the inquiry. (3) The Commission shall be deemed tc be a civil court and when any such offence. aq is described in section 175, section 178. section 179, section 180 or sectinn 225 of the Jndian pella1 Coda is committed in the view or presence of tbt. ~nissionm ay after recording the facts constit: .tin8 the offencg e accuqed as provided for in t'le Code of Criminal Procedure 1973, forward thc cnqe tcr a l~?~gistrahtaev ing jilrisdiction to try th": same and the magistrate ic whom any such c.-lse is forwarded shqll proceed to hear t hr: compl~int apainst !hc accused as if +hec ase had hcen forwarded to him under section 346 cf iile Code of Criininnl Procedure, 1973. (4) Any proceeding bef~reth c Commissio~l$ hall be +earned to b? a ju?;ctdl nl.ocred'ge !%r,vithint he mealtine of section 193 and r:-cfic? 22P .,f t hI ~nd ;nc Pcnni 46 TAMIL NADU GOVERNMENT GAZQITE EXTRAORI)ll$AK.Y " . i?irationo f 7. (1) The total numi~ro f councillots of the municipality exclusive of its total rmmbar Chairperson shall be fixed by the Direct01 in accordance with the norm6 pr mcri bed of oounofllorr and bsued on the population in ralaticrn to such municipality of the lad precxxiing ofmun~oi~ality. census of whioh the rolevarrt figures bava been published. (2I The total number of aormalllnrr of the munlaBl r llty ro Md under rub- wtlaa ( ) uhall not bo alterad till naxt muaceadlag aensue guzer eze prblfrbd aithor by the Contra1 or the State Government. 'olimitatioa 8. (1) For the purpose of the eleation of the counaillors, the oommiseioaer of . )f wards. tho muaioipality shall in aonsultation with the Couaail prepare a draft proposal for the dolimitation of the wards of tho municipality end publish the same in suoh maanar as may bo presoribed. - (2) On auoh publioation, any person or assoaiation of persons residing or situated within the looal area of theimunicipality aonaerned may prefer his or its objeotions to suoh proposal within thirty days from the date of publication of the draft proposh]. (3) On the exf iry of tho time limit referred to in sub-soction (2), tho Commissioner shal oonsider all the objections received, prepare a summary and plaoe the same before the Collnoil for consideration. r (4) rne Counoit shall within a eriod of thirty days from suoh placement oansidrr at a meeting speoially convened: the proposal along with the summary of objections and make its recommendation. (5) On the expiry of the time limit referred to in sub-section (4), the Commissioner shall forward the proposal to the Direotor, who shall oonsider the same and either confirm the proposal or where any modification is required he shall modify the proposal in accordance with the rules prescribed and direct the Commis- sloner for publishing the proposal as approved by him. (6) Any modification or revision to the de~irui~atiooaf wards shall be made once in five years before the general election to the municipality. reparation 9. (1) The electoral roll of the munioi1 a lity shall be the same as the electoral eleatoral roll of the Tamil Nadu Legidative Assem ly prepared and revised in accordance I 011. with the provisions of law for the time being in brce, in so far as it relates to such munioipal~tya nd it shall be deemed to be the electoral roll of such municipality for the purpqes of this Act and any amendment, by way of inclusion for the purposes of correction of any entry in the electoral roll of the Tamil Nadu Legislative Assembly mado after the date ot publication of the election notification by the Tamil Nadu State Election Commission and before the declaration of the result of such election, shall not form part of the electoral roll for such municipal election. (2) The Tamil Nadu State Election Cozmission may, in special circum- stanoes, direot the Commissioner fox preparation of a now municipal electoral roll ' ' for the purpose of conducting municipal election to all or one or more munici- palities in accordance with the rules. tenera1 and 10. (1) Any general or mid-term election to the Council shall be conducted mid-term by the Returning Officer appointed by the Tamil Nadu State Election Commis- . lection. sion in accordance with the rules. (2) Unless the Tamil Ncdu State Election Commission otherwise directs, no casual vacancy of a councillor or Chairperson shall be filled in cases where the general election for the councillor or Chairperson under sub-section (I) is due within six months. (3) Notwithstanding anything contained in this Act but subject to the pro- visions of sub-section (2), the Tamil Nadu State Election Commission may for any valid reason direot the postponement or alteration of the date of general or mid- term election or may stop the proceedings of any election. (4) A courrL:l1-- or Chairperson clcofod at a mid-term election shall entel upon oE-- forthwith but shall hold office so long only as the councillor or Chair- person in whose place he is elected would have been entitled to hold oGca if tho vacancy had not occured. *. - one ward. Provided that a Person who stands for election as Chairperson shall not&e eligible toJs tand for election as a council101 : Provided furthsr that a psrson who stands for eleation as a councillor shall not be eligible to !stand for election as Chairperson : Provlded ~ l j oth lt 110 c~dn:ill~rs hall b3 oligibl3 to standjitor]election ,as ?hairperson. 12. (1) No person shalljbe qualified tor being @acted as#@ councillor or Qualification I Chairperson- and disqua11- fiation for being eleated as councilllo~ or C hairparson (a) unless his name is included in the electoral roll in any, one of the tYardso f the municipality ; (0) unless he has eompleted twenty-one years of age on the date of notifi- cation of election notice ,' , (a) itlhe is an bfficer or ernplgye; either whole time or part time of the Central or State Government or any local authority, or body corporate owned or controlled by: tile Central or State Government. remunerated by either salary or f ces or honoraria. (2) A person standing for election as a councillor or Charperson shall have a0 share or interest, in any contract or em~loymentw ith, by or on behalf of the iuunicipality. (3) Alperson standing for election as a councillor or Chairperson must have paid all amount due to the municipality. ,/4) A person wbo bas been sentenced by a criminal court to imprisonment for life or to.imprisonment for a period of more than six months fof any. offence I other than an offence of a political character or an offence not involving mord I delinquency (such sentence not having been reversed or the offence pardoned) shall be disqualified for being elected as a councillor or Chairperson while undergoing the sentence and for a furlher period offlve years from the date of the expiration of , the sentence. ,, I \ , , , (6) A shall' be disquali&d for being dected as a councillor or Chalra person if such person is, 9n the date of fiiing the uomination,-- ! . I 1: f (a) of unsoud,&d and iiidecldred so by ths competent court having jurisdiction ; (b) an uadischarged insolvent art an applicant to be adjudicated as an insoivent'.' ' ' '( I c ) ' di I r , e ct , ly , d ! i I ,indirectly, ! 8 by him I s . e lf or through his partner or through his family member interested In a subsisting contract made with or an: war a % % c a x b m e d & i p i n a^ a Q , t ; i q , o , n , n e ', . f - o , + r , b , + t r , h $ e t , , h m , e , , v o r u , l i w ci o n s a e ~ i I t , v c e , f x l , rJ c 1 , . j e I k p . f t / s a , s c a la s u h s a c r , e t f h .o e l de e r x p ( r o e t s h s e io r n th a " n f a a n d i i ! r ~ ec " t o i r n ) relhtiori to a petson rnsans n,per~od.vthe:wifeo r husband, as the case may be, tlf suoh person and I he sons, eaughters in law, unmarried daughter S, lbrbthem. uamarried siste-r s, fa\.her an$ w~ther: - , -T. P 11R?\ .- I > . TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY L.- . - _ . - - -- _ _ . _ _ __ ----.- -- -.--- not be deemed to have any interest in such Provided that a person shall contract or work by reason only of his having a share or interest in- (i) any lease, sale or purchase of immovable property or any agree- , ment for the same ; (ii) any agreement for the loan of noneyor any security for the pay- ment of money only ; (iii) any newspaper in which any advertisement relating to the affairs of the municipality is inserted : - (iv) any colnpany or association, whether i~ corporated or not, which contracts with the municipality for lighting or supplying water to aqy.part of the municipality or insuring against fire or izny property of the munlclpal~ty: Provided furthcr that where any contract lias been f~lllyp erfor~ned by the person by whom it has been entered into with the municipality then sucl-, contract shall be deemed not to subsist by reason of the fact that the municipality has not performed its part of the contract either wholly or in part ; ( '\ employed as paid legal practitioner on bchalf of the municipality or as legal practitioner against the municipality ; (e) a representative or office bearer of any association or union re-- presenting or purporting to represent, any section of the municipal establishrneni or any class of employees of the municipality; ( I ) already a councillor whos? term ot ofice as such will not explre before the conduct of fresh election or has already been elected as a councillor trhose term of office has not yet commenced; (g) in arrears ot any kind due by him (otherwise than in a fiduciary capacity) to the municipality up to and inclusive of the previous year; (h) disqualified to stand for being elected &her as a member of t'h Legislative Assembly or as a member ot Parliament ; (t) a person who having held an office under the Central or State Govern- ment or local body has been dismissed from such office for corruption or for disloyalty to the State. (7) A pelson convicted of an offence punishable under any of the p~ovisions of sections 13 to 26 of this Act or under Chapter IX-A of the Indian Penal Code Central Act shall be disqualitted for being elected as a councillor or Chairperson. ELECTION OFFENCES. I Intringem~..~ 13, Every officer, clerk, agent 01 other person performing any duty in sf secrecy of connection with the recordir g or counting of votes at an election who? except for sleetion. some pu '8.o se authorised bj law, communicatas to any person, any ~nformatioa showing lrectly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such ~nformation,s hall be puuished with imprisonment whiah may extend to six months or with flne, or with - both. Minimum 14. Notwithstanding anything contained ln sactionl?i-F 01. the Indian Penal Central penal! y for Code any person who in connection with an election under thrs Act commlts XLV o personation at an offence of personation puni~hableu nder that section, shall be punished with an election. imprisonment for a term whffib shall not be lass than six months and not more than two yean and with fl ae. . ~o~uoting 15. Anyperson who in oouneotion with au alection under this Act promotes cnmity between or attempts to promote on grounds of religion, race, caste, community or lanauage, classes ill . feelings of enmity or hatred between different classes of the citizens of India shall o onnection be panished with imprisonment for a term whicb may extend to three years, or itb decrion. with Fine or with both. - - - __ __ --.... --- ----" -,ma------------: - -- - -- . . . ---_ __ 4 >< .----.. ----_ __- -------__ - -- - - T xM~LN M U G - OVB - R - RN M3 - NT GA ZETrE ~ R A O - ~ I N A R Y 49 16. (1) No person shall convsne, hold or attend any publia meeting in any P~ohibitioi ward during the period of forty eight hours e~dingw ith the hour fixed for the of publia conclusion of the poll fof any election in that ward. meetings o the day preceding r election da , land on th election de (2) Any person who contravenes the provision of sub-section (I) shall be punished with fine which may extend to two hundred and Sty rupees. 17. (1) Any person who at a public meeting to which this section applies, acts, Disturbanc or incites others to act, in a disorderly manner for the ,?urpose of preventing the trans- at electi action of ihe business for which the meeting was called shall be punished with meeting iillprisonment for a term which may extend to three months or with fine whioh may extend to one thousand rupees or with both. (2) This section applies to any public meeting of a p~liticalc haracter held in any ward between the earliest date for making nomination of candidates for an election and the date on which such election is held. (3) If any police officer reasonably suspects any person of committing an offmce under sub-section (I),h e may, if requested so to do by the Chairperson of the G meeting require that person to declare to hi immediately his name and address .and, if that per.con refuszs or fails so to declare his name and address, or if the police officer reasorab!~,. :spccts him of giving a false name or address, the police officer may arrest lllll; without warrant. 18. (1) No person shall print or publish, or cause to be printed or published Restrictio: any election pamphlet or poster, which does not beal on its face the names and printin, -address of t$c printer and thr: publisher thereof. pamphlt posters (2) No person shall print or cause to be printed any election pamphlet or poster,- (a) unless ? . d eclaration as to the id er,rity of the publisher thereof signed by him and attested 1)y two persons to whom he is personally known, is delivered by. him to the printer in duplicate; and (h) unless, within a reasonable time after the printing: of the document, one I copy of thedeclaration is sent by the printer together with one copy of the document to the Commissioner. Explanation--For the purpose of this section- (a) anyprocess for multiplying copies of a doculllent other than copying it by hand, shall be deemed to be printing and the expression ~rinters hall be - construed sccordingly; and (b) ''election pamphlet or poster" means ally ~riotec!p aqphlet, hand-bill or other document distributed for the purpose ~f promoting or prejudicing the election of a candidate or group of candidates Jr any plzcard ar poster hnvmg reference to an election, but does not includ e any uand-bill, placard or poster ~erely announcing the date, time, place and other particulars of an elect~onm eetlng or ~outinein structions to election iisents or workers. I (3) Any person who coiltravenes any of the provisions of gub-secti~n(1 ) sub-section (2) shall be punished with imprison~~iefnotr a term whlch may gxtg~.dt o six months, or with fine which may extclid to two thousand rupees or with ~ ~ ~ l e 19. (1) person who is;i Pq(u@ng officer, OF an assisant returpin~o ficer, Officer5 or a presiding or pollihg oE&r Bt ah ,election, man officer orclerk app0?nted the at elen retaring o@m or the presiding officert o perform any duty in connectton with an not to elsctipn shdll in the conduct or the management of the election do any act (0th~~c andid , than the giving of vdre) fq the fur therence of the pr0sneCts of the dection to iaf' candidate. :. , votin - , ,-n.\ i force, shall (2) No such person as aforegig, and ~ , qqr lnber of a police I endeavour- , , , , ' (a) to pursuaci e ally person to gile his vote at an election, or ' (b) to dissuade any person from giving his vote at an election, or (c) to influence the lroting of any person at an election in any manner. (3) Any person who col.travenes the provisions of sub-section (1) or sub- wctioi, (2) shall be punished pith imprisonment for a term which may extend to six months or witb fine or with both. C rohibition of 20. (1) No person shall, on the date or dater on ~hicho poll is taken at any dnvassing in polling station, commit any of the following acts within thc polline station or in al;y . r near polling public or private place within a a ]stance of one hundred metres of the poll~ngs tation,. . .s ations. namely :- (a) canvassf~o r votes ; or . , (b) soliciting the vote of any elector ;o r (c) persuading any elector not to votefor any particular qandidatz ;o r (c!) persuad,ing any elector not to vote the election ; or , , (e) exhibiting any notice or sign (other than officiszl r.cjtice relatins in the election), (2) Ally person who co~travenest he provisions of sub-section (I) shall be punished aith fine which n~ayex tend to two hundrec. aac'. fifty rupres. (3) An oirence punishable under this sectlon silall be cognizable. jenalty for 21. (1) No person shall, on the Late or dates on which a poll is taken at any . isorderly polling station,-- .:onduct in or !ear polirng -.tations- (a) use 01 ogerate .,vitl-iino r at the el-trance of the ~olling station, or in any publicor rrivaterlace ir the neighbourhood there, of any apparatus for arnplifsjn~ or reproducing the human 170ices, uch as megaphorie or a loudspeaker;

01 (bj shout or otherwise act in a disorderly manner, within or at the entrance of the polling station in any public or private place in the neil.hbourhood thereof, so as to causeannoyance to any person visiting the polling station, for the poll. or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punished with imprisonment tor a term - which may extend to three months or with fine or with both. . (3) If the polling officer of a polling station has reason to believe that any person is committing or has committed an offmce punishable under &IS swllo~l, he maydlrect any police oficer to arrest such person and thereupon the police officer dull ~rrcsth im. (4) Ally police oficcr may take su& steps, and use such force as may'be reasonably necessary for re venting any contravention of the provisions of sub-sect ion (11 and may seiz any apparatus used for such contravention. n:c:i 1 E .s x t p h la c n p a c ti l o li n n . g -I n o fic t e h r i s o f s e P. ct r i o o r l l P r~l C gs L t ~ L a t s i on e or n i 2 f 2 t , h t e h r e e e i x s p a r es p s r io es n ~ din 6 $ s p o o E ll c in e g r o a fi t c u th " e . ('c~llinr!~ l~itisro c~li ~1-1, c ,ic:il P. ~,flic.,.~. - --- .- .- - - --wIIm""--~ - - 51 - - - .- 22. (1) Any person who during the hours fixed for the poll at any polling stat iol: Penalty for misconducts himself or fails to obey the lawful directions of the polling officer may misconduct at he removed from the poiling station by the polling officer or by ally police officer polling station. on duty or by any person authorisec in this behalf by such pollirg officer. (2) The powers wnferrec; umer sub-section (1' shall not he exercised so as to prevent any elector who is othemise entitled to vote et a polling station froln having an opportunity of votiqg at that polling station. (3) If any person who has been so retlioved fro111a polling station re-enters the polling station without the permission of the polling offic(:r he shall be punisheb with rmprisonment for a term which may extenc! to thrze rnonths, or with fine or with both. (4) An offence punishable under sub-section (3) shall be cognizable. 23. (1) No ?andidate or his agent or any other person with the consent of a Penalty for hitlne candidate or h~sa gent shall h~reo r procure whether 01.1 payment or otllerwise or procurtng of any vehicle or vessel for the conveyance of ariy elector (other than the caradidate vehicles fof himself, the membersof his family or his agent) to or fromany polling station: conveyance of voter at election. Provideci that nothing in this sub-section shall apply to- (a) the hiring of a vehicle or vessel by an elector or several electorsat their foint costs for the purpose of conveying hiin or them to or fro111 the polling station, if the vehicle or vessel so hired isa vehicle or vessel not propelled by mechanicalp ower ; (b) the use of any public transport vehicle or vessel or any railway carriage by any elector at his own cost for the purpose of going to or comifi~fr om the polling station. kxp1al:ation.-In this sub-section, the expression 'vehicle' means any vehicle used or capable of being usec. for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for rlrawing other vehicles or otherwise- (2) Any person who contravenes the provisions of sub-section (1) at or i~? connection with an election shall be punished with fine which may extend to two hundred and fifty rupees. 24. (1) If any person to wliom this section applies is without reasonable callsc Breach of guilty of any act or omission in breach of his officialduty, he shall be punished with official duty in fine which tnay extenc! to five hunc're6 rupees. connection nftR election. (2) No suit or other legal proceeding shall li~a,g ainst any such person for da111age in respect of' any such act or oritissior~a s aforesair'. (3) The persons to whom this section appliesare the returning officers,a ssistant - returning offcers, presiding officers, polling officers and any other person appointed to perform any dut y in connection with the receipt oF nominations or withdrawal of candidhture or the iecording or counting of votes at an election, a d the wrpres- ssion "official duty" shall, for the purpose of this section, bc construed accord- ingly, but shall not include duties imposed otherwise than by or under this Act. Kemoval of 25. (1) Any person who at any election fraui!uh~tlyt akes, or attempts to take, ballot papers a I~allopt aper out of a polling station, or wilfully aids or abets the d oing of any such from 'polling nct, shall be punished nit11 imprisonment for a term which may extend to one yar or statiofi to be with fine which may extend to five nul~clredr upees or with both. an offence, (2) If the presictinp officer of a polling statiol- has reason to believe that any rerson is committing or has comn~itteda. n offence pwiishable under sub-section (I), such officer mo y. before such person leaves the polling s!ation. arrest or d irecta polict oKcer to arrest such person and lnav search such per so^^ or muse him to be searched by a police office1 : Provided that when it is necessary to cause a wonlan to bn search-~~ml e search rCall b made by another wnmnn with strict regard to ciea:ncy. i . ; '5 2 TAMIL NADU GcTveRNMENT . .. G - A ZETTE EXTUORDLMABY -- .a-, --- : : (3) Any ballot paper found upon the person arrested on solrch shall be handed over for safe custody to a police officer by the presiding oqcerby, or when the search is made by a police officcrs hall be kept by such ofticer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizabIe0 Othen offence 26. (1) No person at an election shall&, and ~enaltlcs, (a) fraudulently deface or destroy any nomination paper; or - (b) fraudulent.1~d eface, destroy or remove any list, notice or other document I affixed by or under the authority of a returning officer; or* (c) fraudulently deface or destroy any ballot paper or the official mark OD any ballot paper ; or (d) without due authority supply any baliot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper; or ii (e) fraudulently put into any ballot box anything other than the bdlot papt r which he is authorised by law to put in ;o r (f) without due authority destroy, take, open or otherwise inFerfere witb sny ballot box or ballot papers then in use for the purposes of the electlon ;o r (g) rA,:d~leiltlyo r without due authority, as the case may be, attempt to do a*., of the foregoing acts or wilfully aid or abet the doing of any such acts. (2) Any ?erson who contravenes the provisions of sub-section (1) shall- (a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in I connection with the election, be punished with imprisonment for a term which may I extend to two years or with fine or with both ; I (b) if he is any other person, be punished with imprisonment for a term which may extend to six months or with fine or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otberwise than by or under this Act. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. 'Prosecution ' " ' 27. No court shall take cognizance of any offence punishable under section 19 ' ~egarding or under section 21. or under clause (a) of sub-section (2) of section 26 except on a certain election complaint in writing, by order of or under authority from the Government. offences. Requisitioning 28. The Tamil Nadu State Election Commission or any officer duly authorised of buildings, by the Tainil Nadu State Election Commission in this behalf may, in additioo vehiclas, ctcle to thc building belonging to the Central or State Government or the local I'orcJection bodies or educational institutions, requisition on such buiIdings,or vehicles at such ' purposes. rates as it dcenis fit for the purposs of conducti~g tbe elections. - -- __ . -- -- - -. - -- - ---------- __ TAMIL. NADU GOVERNMENT GAZETTE EXTRAORDI.&AR Y 5-3 -- -- 29. The following shall be deemed to be corrupt practices in relation to an election Corrupt to a municipality for the purposes of this Act :- practices. (1) "bribery" as defined in cluase (1) of section 123 of the Representation of f 1951. the People Act, 1951. (2) "undue influence" as defined in clause (2) of the said section. (3) The systematic appeal by a candidate or his agent or by any other person to vote or refrain from voting on grounds of caste, race, commurity or religion or the use of or appeal, to religious symbols or the use oCor appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's elect ion. (4) The publication by a candidate or his agelit or by any other person of any statement of fact which is false and which he either believes to be false or does not l believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the caneidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice tile prospects of that candidate's election. (5) The hiling or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of an1 elector (other than the candidate himself and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act : Provided that the hiring of a vehicle or vessel by an clec or or by several electors at their costs for the purpose of conveying him or then1 to or from any such poIIing station shall not be deemed to be a corrupt practice under this clause if the vehicle . or vessel so hired i; a vehicl: ~r *q~r.1 not propelled by nechanical power: Provided further that the use of acy public transport vehicle or vessel or railway carriage by an elector ac his own cost for the purpose of going to or coming from any such polling station sh:ill not be deelned to be a corrupt practice under this clause. Explanation.-In tllis clause, the expression "vehicle" means any vehicle used of capable of being used for the purpose of road transport whether propelled b9 mechanical power or ~other:rise and whether used for drawing other vehicles Ot otherwise. (6) The holding of asy election meeting in which intoxicating liquors are served. (7) The issuing of any circular, placard or poster having a reference to electior? , which does not bear the name and address of the printer and ~ublishetrh ereof. (8) The &ion of the candidate in havin; incurred the election expendi- L,lrc more than the ceiling prescribed by the Tamil Nadr\ State Election - Commission. (9; Any other practice which the Governme~~mta y, by ml@, spedfy to be a corrupt practice. DISPUTES REGARDING ELECTIONS@ 30. (1) NO election of Chairperson or a counci1lor shdl be called in %etion ~ ~ t i o m t b qaestion except by an election petition presented to the principal ~istric~t udgeof the district in which the municipality is situated within forty-five days from the. date of the publication of the result nf the electim under this Act. (2) Axn &ccti o~ petition calling in question t ny such elsfion m y b o grym nted as ifled in sub-sodion (4) by any candidate at such c l ~ ~ any doctor ward conaraod or by a* returned candidate ind ividdv cw jsintlv -I - TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 54 - --- -- * -/ (3) A petitioner under sub-section (2) shall implead all the candidates at the election as respondent to his petition. I (4) An election petition,- (a) shall contain a concise statement of the material facts on which t lie petitioner relies: (b) shall, with sufficient particulars, setforth the ground or grounds on which the election in question is challenged; and I (c) shall be signed by the petitioner and verified in the manner laid down in Central 4ct V the Code of Civil Procedure, 1908 for the verification of pleadings. of 1'3,)5. Grou.ds for de- 31. (1) Subject to the provisions of sub-section (2), if the Principal claring electioos District Judge after hearing the contesting parties is of opinion:- to oa vo~d. (a) that on the date of his election a returned candidate was not quali- fied or was disqualified to be chosen as councillor or Chairperson under this Act, or (b) that any coriupt practice has been committed by a returned candidate or his agent or by any other person with the consent or connivance of a returned candidate or his agent, or I I (c) that any nomination paper has been ilnproperly rejected, or (d) that the result of the election, in so far as it concerns a returned c;:rndidate has been materially affected - I (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interest of the returned candidate by a person other than the candidate or by his agent or a person acting with the consent of such candidate, or agent, or (iii) by the improper acceptance or refusal of any vote or recltption of any vote which is void, or (iv) by the noncoln 7liance with the t>rovisionr4o f t,lis Act or 01' any rules or oroers made thcreui,dcp, the Prin~ip~DJi strict Judge sl;all ..eclare the electiou of the rett~~nzctai ~uidatzt o be void- (2) If in tl:e oainlon of ths Principal Dislrict Judge a returuzd candidate has been guilty by .tn agent of any corr.upt piactice, b~it tile Principal District Judge is satisfizd-. (a) that no sucll corru~tp ractice WCIS co'nmitte ' at the election by t!;e cadidate and every ruch corru;.t prucilzo wa5 con:ll~;tted contrary to the orders and without the coxsent of the candidate; Cb) that the canlli~ateto ok ali reasoilable me.uls for prevei~ling tile commission of corruot ,lrdctice at the electioa; a.ld (c) that in all other respects the election was free from any corrupt practice on the parc of the candidate or any of his agents, then the Principal District Judge may decide that the election of the returned candidate is not void. ::# i)isqualification 32. (1) Subject to the provisions of section 35, a councillor or a Chairperson of Chairperson shall cease to hold office as such, if he;- 01 Councillor. (a) is sentenced by a criminal court to such punishment and for such . . offohce as specified in sub.sectioa (4) of section 12; I . I (b) - is convicted of sp offence puoisnable under. the Pmt~.ction 6f fzntral Acq Civil Unnts Act. 1955, of 1956. - -- - - - - --- - -- -- _ ---__-_ . - -.c -.a (c) bocome~a unsound mind; Id) is an insolyent ar applies to be adjudicated as an inso!vent; Se) subjc? 1,o the p~ovis,o to ~laurc(c ) of rub-rectipn (6) of sectibs . . 12, acquires any lntqgst d~rcctly or indirec$,ly, by himsejf or his Qartner, in any subsisting contract made with, or work being done for, the municipai~ly; (f) is bzing employed as paid legal practitioner oh behalf of the rnunid- pality or accepts ernploy~nenta s legal prdctitioncr against the municipality; (g) . becolnes a ?presentative 'or ~iQceb eprer of any ars&iati~ng r union representidg or purporting to represent any section of the muilic~paj establishlnent or any class of employees 'of the municipality; d % I I (k) ceases to be a voter in the municipality in which the cdkncillor ' or the chair per so.^ was elected to snch office providetl that the deletion of his name from the electl~rarlo ll is on his own volrrton. (1) fails to attend the meetings of the council for a period of three consecutive meetings beginning from the date of the commencement of his term of office or of the last meeting, he attended as the case may be. (2) Notwithstanding anything contained .in clause (a) or clause (b) of sub- section (I), the Tamil Nadu State Election Commissioner may direct that sucb convi- ction or sentence shall not operate as a disqualification. s . # (3) where a 'csass, tO'b5 oouncillor or chairperson undk clause . (a) or piause (b) of sub-section (1). ho shall be restored to office for such . portion of the period for which he wqs qlected as may remain unexpired at the .' a date of such restoration if and when the conviction, sentence or order 1s annulled on appeal or revision or the disqualification caused by the conviction or ~ntence or incurrred under section 12 is removed by an order of 'kaml Nadu State Election Commissioner, and any person elected to fill the vacancy in the. interim period shall on such restoration vacate office. (4) In the case of a person who ceased to be .a councillor or ChairpePson In consequence of failure to attend meetings, the matter s5atf be reported by the Comm~s- sioner at the next ordinary meeting and the council may qtihat qwtting ~stgrseu ch person to office: Psov~dedt hat the council may consider thc restoratiop of :office of snch ' personon the application made by him in this behalr and such restoratior c7~all not be made for more than twice duqing his tenure of.office. Acrt 44 33. Notwithstanding anything contained in the Oaths Act, 1969, every Oath or affb person who is uleoted to be a Chairperson or a counciflor shall before taking &ISo ffice mation t& be or seat, make at a meeting of .the council an Oabh or atfirmation in accordance with itlade by Chair- the manner prescribzd. person' and councillors. 34. (1 j The Chairperson may resign his o R i,~by giviog pqtice in ,p. s!~ apnd in Raigaato~f writing to the C~.nrnission"~T. he Corn nissian:: sh~ll,a fter verifyfng he bona- Chairperson, f ide ;gf Sj ch ,notisj, coilvene a ,s )-;la1 \II>,&~~Jp f tpe cooqcil ~ithlp9 evt.n days oounoillor from the date of receipt of such patice an? p\a@,i;t befqe tb$ ,Council' :pd such and member speci~lm dng shall bs prsidd over by the Dep$y ,C@yperson or hn h1,s &?q= and by any one of the councillors present at that meeting and elected by t e counc~lkors Chairperson prerpt qt that meeting. ~qcrhss i patipn ph@l ,@k~ eft@ from tJ$e date on of Cornmitt*. which it is plaqed betqe the gpdqi$meetlng ot ~h^ceo u ncll. ' (2) The ~epuf)C hairperson or any councinor other than the Ghalrpmon or any membef pr Chahperson -9f any Comtpit- may resign his office by ,$$ng I '. notice iin person an l wntrn@ to thi Chdigztp~,". Tqe GI~airp?rs'dnls hfl, . ! aftei verifjind Ehs .bonk8de'of such' irbfice, wtth~na peridd 01 fiv: a@$ & - o , m , , . -,. -, . the .fate of receipt of notice, a:cept such redgnatioi~. Such resignation 3&% take effect from the date on which it is act=> ted by tl~:C hairparson. -- T-. P -nq'--4 - SL, -4 AMIL NADU GOVERNM EN7 GAZET'L'E EXT'RAORDINARY -- - . .. _.- . .. --- .-- --.- -I- .-,,i ~ajrisiono n 35. (1) Whonever it 18 all@ cd that any person who hlrr ken ckctw M u J or 4 kird~ *:I +,# rr $/luakbvj ,I,*, wr,,,,+ 12, r,, &,,fin 3, 6, ug,tu,,, 41 UIH, p t ~ n t ~HJtIc dslt the r;lo@l,on or whcnsvor any counolllot or char r- person Is himself in doubl whether or not he ha8 become so disqualified for office, 'r Chujrpor~otl, suuh councillor or C'hairpcr ron or any othcr councillor may and the 'clmnjrrujoncr, #If lre rcrlrrrst ol fhc council or ('hitirpmron or 8 direction from Ilrtr (l~lvsrrirnorrl,s hnll upply 10 the I'rinclvar r~rscrrccJ uc'gr of the District in wlticlr I ho municipslrly ia si1uirtf:d. (2) 'l'l~o eaid i'1rncipe1 Distriot Judg aiter "making S U C ~ inqriry as he deems necessary shall detern~ine whether or not such person is. disqualified under section 12, section 31 or section 32. (3) Pending the decision under sub-section (2), the councillor or Chair- - person shall be entitled to act as if he was not disqualified. (4) (a) Any councillor or Chairperson may and the Commissioner, at tha request of tho council, or on a direation from the Government shall, appeal to the High Court agaii~sat ny decision under sub-section (2). (b) No such appeal shall bo entertained after the expiry of thirty ' ' s d a a t y is s f i f e ro d m th t a h t e t h d e a t a e p p of e l t l h a e n t d h ec a ~ d s s i u o f n f a i c p i p e e n a t l c e a d u se f r f o o m r n , ot u n p l r e e s f s e r r t i h n e g H th i e g h ap p C ea o l u w rt i th i i s n - those days. CHAPTER IV. COUNCf L, COMMlp17EE, UHAI RPERSON, COUNCILLOR. COMMis- SlONER AND CONST!TU?lON OF hlUNICIPAL SERVICE. uniciptrl 36. For the efficie1.t rerformance of the fu11ctio1.s of a n~ur~icipalittyh ere ~thorities. sl all be the following municipal mtnorities in the municioality, nan~ely: - (a) a Cout?cil, (b) a Chairperson, (c) Stand 1n.g Committee, (J) Wards Committee, and (e; a Commissioner, lnditutio . n 37. (1) Subject to the provisior,~of this Act, the muntcipalal ministration sbaQ cour;cil vest in the council and the council shall corf~sot f the follc~ir, g xpembers. namely :-- (i) electe courcillui s, i- c1ui.ir.p Chairrerson : ' (3) members of tale lit,crse of the People and the members of the State. Legislative Assembly representing the constituency comprisrng the whde or any .... . part of the municipality; and . I. (iii) the members of the council of States, who pre ~epistered8 s elector . . within tbe area of the municipality : - .. j Provided that the member referred to in clauses (ii) and (iii) shall be I ,-.. entitled to take part in the proceedings of the council but shall not 1 aye the right tc ' vote in any proceedings of the council : .. .. . I I ' Provided further that the members referred to in clauses (11) and (iii). shall cease to be members of the council on the cessation of the omce aa mcmbero of the Legislative Assembly or the members of the Paeiament. (2) The term of office cf the councillor shall be flve years on and from the dnto notified by tho Tamil Nadu State Election Ccmission for assumption of such u olce oouncillw. -- - ----- T - A -- M -- IL - NAD - - U -- - -GOV - E -- R - N - M -_ E M _ ' . G . A _ . Z _ E __ T _ T _ E _ _ B . _ _ _ ___ X _ ~ ~ . ~ - -- - - ~ -- 5 . ~\ ~ ~ ~ ~ ~ \ . - * (31 Seats shall be reserved for the persons belonging to the S&duled Caste, ?no the Scheduled Tribes in event municipality and the number df seats SO re~erved -shall Gear, as nearly as may be, the same proporfion to the total 0" ~I)~CP Seats to be filled by direct election in that municipality as t11e j:opulation of +he Scheduled Castes in thct municipal area or of the Scheduled Tribe? that municipal area iq bears to the total population of that area. (4) Seats shall be reserved for wcinen balonging to the Scheduled Castes and the Sched~lledT ribes, from among the seats reserved for the persons belonging to the Scliedtled Castes and the Scheduled Tribes, whtcl! rhall not be less that; vne third of the total nunlber of seat5 reserved for the persons belongi.ng-to the .Scheduled Castes and the Scheduled Tribes. (5) Seats shall be reserved for women in the munici ality and the number of rests resrmed for women shall be not less than one third 8ncllrding the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled , Tribes) of the total number of seats in the munlcipality. , , '(6) 14e seats reserved fcr the persons belonging to the scheduied ~aafeasn d +he Scheduled Tribes under sub-section (3) and for women under sub-section (5) shall be allotted by rotation to different wards in the municipa!ity in such manner , as may be prescribed. (7) The reservation of seats under sub-sections (3) and (4) shall cease to have effect on the expiration of the 'period specified in Article 334 of the Constitution. 38. (1) la) The offices of the Mayor of thc corpsrations in this State shall be Reservation rekerved for the persons belonging to the Scheduled Castes or the scheduled Tribes offices of dnd the numbt?r of-officts so reserved shall bear as llearly as inav be, the same Mayor in proportior, to the total number of ofliceti .in all the corporatibns in the Slate as Municipal the population of the' Scheduled Castes in all the corporations in the Statelor the Corporation Scheduled Tribes in all the corporations in the State bears to the total population for membes~ of all the Corporations in the State: of Scheduled Castes or Provided that where no office at Mayor can be reserved foratbep ersons Scheduled belonging to he Scheduled Castes or the Sc~ieduledr ribes based on the total per- Tribes and centage of population c,f :h2 E"h~d?lled Castes and the Scheduled Tribes in all the for women. Cotporatiops, one offl~oef Mayor of a Cotpotation having tne highest percentage of population of the Scheduled Castes and the ~chedi!1ed Tribes shall be reserved for women belonging to the Scheduled castes or the Scheduled Tribes o.u t of the total number of offices o.C Mayor reserved for women under clause (b) , . .. (b) The offices of the Mayor in the State shall . b - e . . r e . s erved f z o . r . women F, and ;'-.. ', .,L . * . r - 4 "! , ' I * ; X the number of offices so reserved for women sliall not be less than one tbird of the total number of offices of' the Mayors in the State: . . Provided that the officeso f the Mayor reserved under this section Shall be a allotted by rotation to different municipal corporations-in theestatei n such mapner as - may be prescribed before tile general elections to tile municipal corpnra?ion ~n tho State. . - , 2. I (2) The reservation of offl~o~f sM ayor under tdis section shall ceasc'to have effect on the 7xpiratinn of the period specified in Article 334 of the Constitution. all the municipalities in the State. * , r- (b) Tl~e of the Chairperson of the municipalities shh'll be reserved iot women belonging ta the Scheduled,Castes and t he,Scheduled T~iwfr o? qmo ng the oft lces resen ed for the person belo nging to the Scheduled Castes hno the ' Scheduled Tribe! whi.ch: shall n ~bte less t@n one thkc1,ofthe t~tal.nuq-r%~offl*~ reserved ior the Scheduled Castes and the Scheduled ~ri'bes. -7. % -no ' A - C 5 P 8 IA . M .. L ~ . . ! . . . N .. A,),L. JU - t . i ., O , . d -. fi-R. + N .- M-E.N - T ,." G.A--Z.E .. .- T -..** T "-. E . . E XT'K '" A T O ' K * D . I -N.A- C R . .P Y I . - (2) The offices of the Chairperson of the municipalities shall be rcserved for women and the number of cffic~sre served for women shell not be less than one tbih (inclvding the number of ofEces re,ser,ved for women be,longing to ,,the Scheduled Castes and the Scheduled Tribes), af the total number cf oBces of the Chairperson of the ~~~unicipalitiine sth e State: Provided tha~th e cffices of the Chairperson of the municipalities rekrved under this section shall be allotted by rotation to different municipalities in such manner as may. be prescribed. (3) The reservation of off2ees of the Chairperson under sub-section (1) sha@ cease to have effect on the expiraticin cf the period specified in Article 334 of the Cc nstitution. - total number of (b) he offices of the Chairperson of the town panchayats sball b *served for women belonging to the Scheduled Castes and the Scheduled Tribes from amotlg #epfflce~r esewed for the pers pas be1,opging tg the Scheduled Castes.and the ScheduletB Tr~kws hich shall not be 1el;st han onethird of the total number of oflces reserved for the Scheduled Castes and the Schedllled Tribes. . (5) The offlces of tbe Chairpergn of the town panchayats shall,be,~ewq,yqd for womeq and $.he qilrnber ~f offices reserved fcr women shall not le~tlgp cms-tbiyd.(inclt;rding tjie n~:mber,ofo ffices reserved for women belongipg. 'P 'tl" $@cduled ,,Castes and-tne..Scheduled Tribes), of the tdai m.mber of cffices Q t i town panchayats in the State: Provided that the oflces reserved under su b-sections (4 and (5) shall be allot- t* by tolgtbd tcf difRren1 town pa&hs$ats iii such fiather ah rhap be firescribed. e, , . (# ?fie-resesneftati n of odqs-,of ;be C&ai?silpepo.jis,. under sd%-&iciidd (d4 *@ill. Wde td ha#d eftid 08 *lib expiiatidd of ihk penotl spkiified in k f d d3 % tKe Cij~Gtituttttii;. Pavers and mnctions of 40. /I) The following shall be the functions of the council,- Qundlf, (i) constructidn dad m'aintentihm ot roads, culverts ahd dtians wbith ti& under the municipality and those transfetred by the Governmefit io tlie n@nf~ipality: (it) e,xecntibn and mainttnan'ce of whtei supply Scheme!; required for domestic, e itidu$tr~aol r corfimercial .iirposesj except ih tlie aantcipallty wirhere therb is a sipamie tXUth0tity to *hi& Sat: functions are assigned; (iii) protection of public ponds and fountains; (iv) nlaintenanci of sewefage dnd drainage schemes except in tke municipality where there is a separate authority to which such functions are assigned; (v) destruction of stray dogs; , (vii) replathn of sele of meat; fish and other perishable food items an6 sde of other conusmer itemti; (viii) regulation of dangerous trades or trade practi-ces; T - - AM - -- I - L . *- - N - - A I D - U -G.O - V - ERN . M - ENT -I - G . -A Z - E I T - T ? E- - E .X TRA -- I O R 7.. D .* I . . N . . - A . - R - Y 5 It. 9 . 4 (xi) establishment of public comfort stations, Iamne and bathing places; (xii) construction and n~aintenanceo i parks, gardens, play grounds, traffic islands in the urban areas: . . (xiii) opening and maintenance of public burial and burning groucds and. electric crematoria; (xiv) registration of births and deaths; (xv) installation of street lights and their maintenance; (xvi) pramding parking pkcsf or irkhieleg including-taxiesa nd autoriekshaw*; (xvii) public health matters iilcluding vaccination and innoculdon; ' (dii) mi4nte;nanct of public m'aikets, shbpping wmplexes, bua stands; rest houses; (xk) solid waste management; 1 (h) prevention or removal of obstructions and projections in or uport streets, bridges and other public places; i 1 (xxi) numbering and naming of streets; i , . (xxii) regulation of hoardings and advertisements put up fpr public view on public or private land t (xxiii) civil reception to persons of distinction; and (xxir) organisation of fairs and exhibitions. (2) The council may carry out any work or perform any of the fpnctiom or implement the scheme!, delegated to the council, by notification, by the Government; subject to such condioons specified therein in relation to all or any of tht4olh9ving matterl,-- (i) urban pliinning including town planning; . (ii) regulation oi land use and constructioh of buildings; (iii) regulation of slaughter house and tanneries; (iv) planning for economic and social development; I fv) fire ~ervices; (vi) urban forestry, protection of the environment and promotion of ecologicd - (rii) safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded; (viii) slum improvement and upgradation; . .- (ix) urban poverty alleviation; [x) promotioxi of cultural, educational and aesthetic aspects; ani . . (xi) cattle pounds, prevention ot cruelty to animals: Provided that no such notification shall be issued without consultingt he adminis- trative depnrtrhent concerned with the subject. (3) The council shall also have Dower- (i). to ciirr.*t tb p"cLe~%an d furictionb vested in the c6umil h iisbMoM with ihd gdvi od bf his Act;. - - to--. 1 1 . T r AM e IL ' I I N ADU GOVERNMENT GAZETTE EXTRAORDINA RY - -- --- - - ' -I-_ I_-- I- A (ii) to consider all ztatters placecl before the Council and to take approprratt: decisions by passing I zcessary resolution in this regard; (iii) to consider all the periodical ~tatemen'so f receipts and disbursement and all progress reports and pass such resolutions thereon as it deems fit; . (iv) to constitute standing comm. . . i . t ., t . . ees; . . ... ("1 to constitute special c~lninittees, if considered necessary; (vi) to delegate to th': Chairpvson, standing committee, wards committee, - ot'anyother c~rnmittees,u ch p,,ders"otlisr tna.1 LII1 .2 ..xpfekly pr~\~ideudn der this Act subject to such conditions as may be prescribed: and (vii) to prepare economir and development plans every year for the munici- pality 'in accordance with the: g~iileli~es'prescbreid and forward such draft .plan to the District Planning Committee having jurisdiction over the mun~clpal~ty. Explanation.--For the purpose of this clause, the Dist!ict Planning Cqrqmittee ~amil shall mean the District Planning Committee bavirg jurisdi~tlono ver th,e - mu~~lcipahty Act co'nstitdted under the Tami: Nadu Panchayats Act, 1994. 1994 Constitution 41. The Government may. by notification, and with the concurrence of ths of joint local authorities concerned, constitutejoint committee or special committee committee, or comprising such number of members and in such manner and for'carrying out special cpm- such specific functions as may be prescribed. ' , I. mit tee. Resolutioo 42. (1) The Commissioner shall give e!?ect to every resolution or order of the and orders o council unless such resolution or order is mcdified, suspended or C8 celled in council, whole or in part by the couilcil or by the Director or bv tl,e Government as the c.a se may . he. . ' .. . . . , 1 I (2) If in the opinion of the Commissioner, any resolution or order of the council contravenes any provisions of this Act or any other Act or of any rule,notification, by-law. regulations made or issued under this or any other Act or any order passed by the Government or if there is no provision in the budget of the council authorising the doing of any action contemplated in such resolution or orderor itvolves expenditure in excess of the amou'nt provided for in the budget of the council, or if there would be any miscarriage of justice in the implementation of such resolution or order relating to the municipality, A he shall refer within a period of not less than seven days from the date of passing such rehL!,ltiond r order, the matter to the Director for orders and inforr- +he council, of the action taken by him at its next ordinary meeting. The Commissioner shall not give eflect to the resoluti n until the orders of the Director n h reference are received. ~II (3) The Director on satisfaction th~t resolution or or~.ero f the BUC ~ c)uncil c0ntraver.e~a ll or any of the grounds referred to in sub-section (2), may I cancel the resolution or or er : I* P ovided that no resolution or ctrder of the council shall be cancelled by the Direclor unless the council conckrned is given a reasonable opportu~ityto mahe any representation withln the time stipulated by the Director. (4). Where the ~~rzctoisr o f the opinion that in respect of any resolution , referred30 him under sub-section (2) or involves a matter of g eat p~blicin terest orw ould adve-sely affect any inte est of the Government, he may for I easons to be recoded in w:iting, -efert he matter to the Government and, the decision of the Government the ein shall be final. 1 . (5) Wlle e the Collector of the District is satisfied that the execution of n revolution ~assedb y the council other than the resolut~cmp assed by the oouncil of any municipal corpo ntion or eider of.contin~a nce in foice qf such licence or pel mission issucd by such niuliicipalities other than the municipal cospo ration .b likly..tc) UbuW ~Ifoagctro I!UIII:UI beings .health 0-[ $get1( orjs likely to, lead to a r\ r s h lo c t c o a r s e t li m l l n i y tf r b a e y , , h a e n d m r u e y p o s r u t w to e n t d h e S I D c i h r e: 1 t e o s r o l w ut l fd -fra 01 y - a Q e er l , e tij h ce d n o ce a ;;t . r a ft p &? e l & & joq i, + ,k f ir i q e - 5 ' ---- -- - - _ _ _ __ -- - - - -__ _-_ --------------v--*w-- - 1 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDTNARY 61 -Ym authority or person concerned a leasonable oppo: tunity of being 1 eard either rescind the Collector's order or direct its continuance in force with or without modifications, permanently or for such period, as he deems fit. 43. (1) Any councillor may call the attention of the Commissioner or the Duties Chairperson to any neglect in the execution of m~inicipalu o~ko,r to any Haste and powcls of municipal property or to the basic needs and civic requirements of any of councillor locality and may suggest any improveme~~wtsh ich he considers desirable. (2) Every councillor shall have the right to interpellate the chairperson in any council meeting on matters co~ectedw ith the municipal administration subject to such regulation as may be framed by the council. (3) Every councillor shall have access during office hours to thc iecords of the municipality after giving due notice to the d-wnissioner: Provided that the Commissioner may for the reasons given in writing forbid such access. The councillor may appeal against such order of the Commissioner to the Chairperson and any pcrson ag rieved by the order af the Chairperson may prefer an appeal to the Director w%osed ecision thereon shall be final. 44. (1) (a) There shall be a Chairperson in every municipality who shall Chairparson be elected by the persons whose names appear in the electoral rolls relating to of munici- the -wards of the municipality in accordance with such procedure as may be pres- pality. mibed. (b) Where at a general or mid-term election, no Chairperson is elected, a fresh election shall be held. (2) The election of the Chairperson may be held ordinarily at the same time and in the same place where the election to the councillors of the wards are hey. I (3) The term of office of the Chairperson shall be flve years on and from ' the date notified by the Tamil Nadu State Election Commision. (4) A casua1 vacancy in the offlce of the Chairperson shall be fllled by a fresh election and a person elected as Chairperson in any such vacancy shall enter upon officef orthwith and hold office only so long as the person, in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred. (5) The Chairperson shall be an ex-officio member of the council and shall have all the rights and privileges of an elected councillor of the council. (6) The Chairperson shall be an ex-officio member of every standing com- mittee, wards committee and of other committees e rcept Taxation Appeals Com- mittee or Taxation Appeals Tribunal, as the case may be, but shall not be eligible to be elected as the Chairman of any standing committee or wards committee: Providea that the il~dirp~sh~arll, not have right to :vote at any meeting of the Standing Committee or any wards Committee. 45. The Chairperso11 of a municipality shall.-- Powers and dutiesaf (a) convene and preside over all the meetings of the council : Chalrpcma provided that in the case of election of Deputy Chairperson, the meeting shall be convened and resided over by aii officer nominzted by thc Tam11 Nadn State Election Commission; (b) exercise all the powers and perform all the dutied conferred or irnpisd od him under this Act; (c) co-ordinate with the Commissioner and committees oonstitited under this Act in the manner prescribed; (dl have the power to inspect any municipal work, project. or other scheme; (e) exercise such powers in regard to the approval and executibn of any work, project, scheme relating to the municipality subject to such limits and .. * 4, . -. procedures as may be prescribed: (f) exercise such powers of the council as may be delegated to him by thr! council in accordance with such procedure as may be prescribed; Sted - 62 TAM$& NADU GOVERNMENT GAZETTE EXTRAORDILqARY - (g) carry out such works and perform such duties in regard to aay rqatteB which may be ~.-+r~~tsot ehdim by any notification issued by the Government and subject tn such ternis and conditions as may be in~p.~seing the said notification. . , ... . Dewty jC&ir-. 46. (1) There shall be a Deputy Chairpsrson in every municipality who shall person of be elected by !he councillors of the respective municipality from among themselves. , municipality. in accordance with such procedure as may be prescribed. . (2) The tesm of office of the J2epuly Chairperson shall be five years on and from the dal e notified by the Tat) il Na& State Election .Commission f oa~ssu mp- tionofoffice and the term expires on the expi;y of the term of the counc~l. (3) ' Tlie Deputy Chairperson shall be deemed to have vacated (hiso ffice on cessatipn ,of -his off ice as a councillor. 4.43. .T j~eC h 4 r ~ o pm ay, io wri$iag, delegate sny of t he-powers c r fqm~ons ; vested under thjs*Adw jth the a proyal of the couucil, subject fo such conditions as nlay be specified therein to t I! e Deputy Chairperson. -, (5). In the event of the occurence of any vacancy in the office of the .Chair- person 'by reason of his death, resignation or removal, or otherwise, the Deqnry Chairperson shall act as Chairperson until the date on which a new Chairperson is elected In accordance with the provisions of this Act to fill such vacancy and enters upon hrs office. .. . . ' 16). @) the Chairperson is u,nab!e to dipcharge his functiops owing to absenoe.:..df i\ln~ssg r. for any other cayse, the Chairperson may, ic writing, authol'is* the Deputy Chairperson to discharge his functions u&il the date on w&ch:the,,Chair~~oqresymeshisdytjes. . , . ' I . (b) In case if the Chairperson fails to authorise the Deputy Cha&cpermn- awj if the .Cha@perwn c;ogtinuo!+~lya *.@ fof rpp1-e &than fifW- .-:dws wing to iLI,nws ;QJ for any otba qqmn, @e pQwFrs and. fw@ions pf !h.e Chai~,qon& all Ilevolve ,oa' the Dep~tyC hair- persom #dl1 swh !tua .the Chpj~p:p~rwnp aymes his &tie$. . Deleption of 47. D~grig t$ first -ti0 f qf the coovcll or ,$<om . pae. to funct~onso f time, the council ]nay nominate rom among' the 'counci~~orra. oanel Chairperson --dth.,rm ~@unciUgq6 .nd Qne . ,d ywq, ,in -,the qdq - of their Gmes to councillor nseAtiW 41, t. - & p ~ f .s,h@ l merciw 11te payer+- a& . liq!i~m. in absence oi .:dutias~ ~ fC.ha irpepson subject $Q .s,wh .%rn;ls aqd ~oa$&Qons 3s ~ r ' Deputy Chair- .&9 ~msne.&ed b y tile counc~l~ n t #s uqb $ 1e~ 1 % Ch9rpas:on 9,r~peJ;Hlty ;Iy person. Chairperson, as the case may be, resumes his du, les, where for aedson, tLd Chairperson and Deputy Cha~rperson are unable $0 ds- chargc their Cut.ctions owing to their abselice or illness :or away from , the headquarters :. ::s;,.: .* :< : . . * . , ' : I ' P;..! <. .:. & pay-:& :'. 48. (1 ) From o b u y t ,of :the rnvni,cipal ;funds. such bw~carja,.,f ees ,qr dhwances ru honoraria, fees, may be deterdned the Goverlrnient may be paid to Chairperson, Deputy Chair. or a1)owances person' and .$be councillors. to chairperson, Deputy Chair- (3) The municipality shall place at the disposal of the Chairperson annvally person and by way of sumptuary allowance which shall not be more than iifty thousand rupees councillor. a ~ ddiff ment limits may be prescribed for different municipalities. , 43) l$otyjthstanB;igg anythingppgiined in @isA ct, the receip! by any person of honorarium, fec or allowance as Chairperson, D~mtyCS lai~p er~on~ocro uncillors as aforesaid, shall not disqualify him for being elected as, or {'or being a~ouncillor. Chairperson or Deputy Chairperson. .. . 9 Constitution . % 49.1!) Tkeje @a4 he, co~~stit.utb~yd t,E : 5cy?~??ent, notificatio~i,s'y qb of wards , n , u inber of wards comm i'tttks comprising territor;i+,l axea ,of s~c@h .vrrnbe.ro f wa& . committee. as may be specified in the notification wlthin the 'territoriai area OF the minic$rility ' ~braving.sr'~wuhtido'ruth .ee .lakhs .or, awe and each z _ ~a.r.n4o~rn nnikm .&all consist of contiguow,,~g,&,. . . . .. . . .- . .. .. . . .. . .. . ..-.. . . . --..;- .: . 1; :'WAMIL *'NADU'-GOVERNMENT GAZETTE EXTRAORDINARY * (2) (a) Each wards committee shall consi ,t of all the council- lors elected from the wards which are included in a wards committee, and one of the members elected from among themselves representing such wards committea in such manner as nlsy bl: prewribea shall ,be the Chairman of such wards committee. (b) Each wards committee shall have a separate ofEce loc8ted within the territorial limits of a wards committee concerned. (c) The staf? for each a c eo f the wards committce shall be in accdana with the norms &red by the Government from time to time. ' r (3) The term of the wards committed and its Chairman and members shall be oo-tarminus with the term of the council. (4) The Govtment may, in consultation with the municipality from time to time, by notification, alter the name, in- or diminish the area of any d committee spdciflad in the notification issued under sub-section (1) : Provided that the territorial limits of the wards committee shall not altered by the Government before the expiry of the term of ward8 wmmittce and bob dtend wards committee shall consist of contiguous wards. 50. (1) If, in the opinion of the Government,- Di~ohhioao f cou~1. (i) the municipality is not competent to perfom or persistently makes default in performing the dutia imposed on it by law or exceed or abuses its power ; or (ii) that the meeting of the council could not be conducted for masons beyond the control of the Chairperson and the affairs of the municipality could not be carried on in accordance with the provisions of this Act and a report to that egect has been received from the Chairperson by the Government. the aovernment may, by notilkation,- (a) dissolve the municipality from a specified date; and (b) direct that the municipality be reconstituted with effect from a date which shall not be later than six months from the date of dissolution. (2) An election to reconstitute the muncipality sbr~llbl e com~letrdt cfctc the expiration of a period of six months from the date of its dissolution. (3) Before publishing a notification under sub-s :&on (1) ,the Government ohall communicate to the council the grounds on which they propcse to do so, ax a period of not less than thirty days for the council to show cause against the pro- posal and consider its explanations or objections, if any. (4) Nothing contained in sub-section (1) shall afiect the ace of 'the Commissioner. (5) On the date fixcd for the dissol~ticnof the council under sub-section (Q, all its memb:rs as well as the Chairperson, the Deputy Chairperson (including coun- cillors who are members of committees established or constit~~ebdy or under this Act) shall forthwith be deemed to have vacated their officesa nd the persons referred to in clauses (ii) and (ii~)o f sub-section (I) of section 37 shall cease to be represented in the council and fresh elections shall be held in accordance with the - provisions of this Act. (6) Dissolution shall take eflect from the date bp~cifiedI n the notification and if no date is specified in the notification, from the date of puhlrca;rr,r~ ~hc.n ofiiicafrrrrl and thereupon the following consequences shall (a) all themembers of the counci; as wcllbC,[ kc (I 2:rrt.r. c.r ark 11.c Cc1 ~ f y Chairperson (including couccillors v, ho arc: men be~sc . f cc n rr ittic cctcfli~kcc!o r constituted by or under this Act) sh:.ll forthwith be deened to hale vacated ti.eir off ices ; (b) all or any of the functions of the council, of the Chairperson and or tbe committee established or constituted by or under this Act except the Taxatiou Appeals Committee may, during the period of dissol~ti cn, be exercised and per- formed, as far as may be, and to such extent as the Government may determine, by the Special Ofacer appointed under section 54 in that behalf. The Governn . t may aerermine the relations of such person with themseives. (7) The Government may reconstitute the Coun-i! b e f ~ it~he expir) ef period notified under sub-section (1). IV-2 Ex. (398)- 5 - " "kL,.

T.AM.I L NADU GOVBRNMENT7G AZETTB EXTRA0RI)INQR'IT - . ---- ---- (8) All the newly eleoted councillors of the reconstituted municipaliq shall enter upon their ofices on the date fixed for its reconstitution and they shall bold ' their ofices only for the remainder of the period for which the dissolved munidpdity ' would have continued under aection 37, had it not beea dissolved. ' (9) When the council is dissolved under this section, the Government until sthe date of the reconstitution thereof and the reconstituted council thereafter shall I,, be extitled to all the assests and be subject to all the liabilities of the council w on , th. e. date of dissolution and on the date of the reconstitution, respectively. Motion of no 51. (1) ~ubjkttoth aprovisi~ns~tfh is section, a motion expressing no confidence p#j&nw against the Deputy Chairperson shall be in writing, signed by such a & Dbputy "I number of elected councillors on date which sball not be less than one third of the &tp~on. total strength of t)e elected councillors on date and shall be delivered in person by "'any.two of the councillors, signing the motion, to the Directs. . '!If (2) The Director shall nominate as officer to convene a special meetiqg of -. the council. The officer so nominated shall convene the meeting of the council for oppsideration of the motion to be held qt t h o~ff ice of the muncipality at a time ; app9jnted by him which shall not be later than fifteen days fr~~thme d ate of his an~ointment. He shall give seven clear days notice of such meeting to qfl the elected councillors o 11 date including Chairperson. :* 14r...r!7:,i. (3) The meeting convened for considering a motion under this section I:?,, ,, sw .) ngt be adjourned exc~pfto r the reason* t, C.: ;cccr:'ed in writing. . . . (4) When the meeting bas been convened, the officer presiding over, the 2 meeting shall verify whether more than two thi1.d~o f the total strength of the elwted councillors on dat :a rz present at tbe meeting. If morethan two thirds of the ,,elected councillors dz-te are present, he shall read the motion at the meeting. 011 .,Afterc ompletion of the reading, the officer shall put the motion to vote. (5) If the motion is carried out by more than two thirds of the total strength of elected councillors on date by giving their approval, then the officer shall declare that the motion has been passed and he shall record in writing the fact hat such motion has been carried out by more than two thirds of the total strength of elected councillors on bate. The officer shall thereupon forward a report to the Director with 6 acopy of the motion passed by the council forthwith who in turn shall forward the same to the Government. The Government shall within Wteen days from the recei~t of such report from the Director, notify the removal of the Deputy Chairperson dthc municipality and the Deputy Chairperson shall cease to hold office but shall I continue to be a member of the council. (6) If the meeting could not be beld for want of quorum referred to in sub-sec- tion (4) or if the motion is not carried out by a majority as specified in sub-section (S), . [he motion shall be deemed to have been lapsed and no notice of any subsequent motion expressing want of confid~nceo n the same Deputy Chairperson shall be entertained until the expiry or six mo~~tfhrosm the date of such meeting. (71 No motion expressing no confidence against a Deputy Chairperson shall be entertained till the expiry of six months from the date of assumption of office of the Deputy Chairperson or where the term of office of the Deputy Chairperson is less than six months. Removal of 51. (1) (a) The ~ouncillorsc onsisting of more than one half ofthe total stm- councillor or ngth of the elected councillers on date may, present a written re7 r esentation, signed Chairperson. by them. through any two of them to the Dirf-ct~forr removal o Chairperson or any councillor on the ground that the Chairperson r councillor wilfully omits or refuses to carryout or disobey or act in contravention f the provsions of this Apt or rule6 or byelaws o* reguIa.tions or crders issued umler this Art or abuses his ofEm or any -wer vested In h~m. (b) The Director on receipt of such representation is of opinion that the grounds for remqval of Chairperson or councillor are not satisfactory he may, fa a writing, get the vlews of the Chairperson or councillor on that representation. receiving the replies from them if the Director finds the representation baseless, he may inform his decision to the counciUors who signed the representation. (c) If the ~irectoirs satisfied that the representation given by the ccunci1Io~s have rfome basts, he shall norninrte an offlcer to convene a special meeting of the counctl and the offlcer S? nominated shall convene the meeting of the council for consideration of the motlon to be beld at the offlce of the munictpality at a time appointed by him which shall not be later than one month from the date of his appointment. He shall give seven clear days notice of such meeting to all the elected counc~llors including Chairperson. I I I I I Provided further that the Special Officer appointed under this sectioh &dl -. hold office for a period of six months from the date 3f his appointment or ti*] the date on which the newly elected councillors assume office H hlchver is earliar. (2) The Special Otlicer ap8 .o inted under sub-section (1) may, if the GovCin- amat so dircc;rrceive c!lsv~~::~rc his services froin the mun~cipflu nd ard ~hdl, subject to the control of the Government and the Director and to such instructiofis dr directions ns the Government or the Director may issue from time to timk, exercise all powers and perform all the duties of the council, the Chahmson, and the committees of the municipality and take all such actions as mmy be required in the interest ol the municipaiity. - .r t = I 1-. . a,: __ Sb ~??&II: NADU GOVERNMENT GAZBTTB BXTRAORDINARY. - - _ _-- ---- -- : merit that any such proceeding or decision or order passed by the council shod ba rn&liiied, annuled, reversed or remitted for reconsideration they may pass orders aooordingiy : Provided that before passing any order under this section the Government Shd give a reasonable opportunity to the council to make a representation against the action proposed to be taken. * (2) The Government may also authorive the Director, Regiond .Director at hay d e r o acer to inspect or examine any office or work relating to any mudd- pality or anytd epartment therefor and the ofiicer so ~uthorisedf or sucb inspeFtion 4hd exereis? all the nowers exercisable by the Government under this A&, . (3) Tbe District Collector may jn any municipality othar than , municipal C~:~u.:tions.- It. ! I .I [a) call fct daq document in the possession or undet the control of any gu . o oll w Ccmmissioner ; . (b) iequire any ncilcr Commissioner :o furnish any r etcrn, plan, C~LI &timite, statement, acc ):.nts cr s:alistics ; (c) require any COLn cjlor ammissioner to furnish any informatien or iS;port on any municipl r,i~;ler; (6)r ~ai,rdi n wsil ing, fclr the c:.~nsiderri~ioonf the council cir Commissioner of a municipality any observation hr~. may think proper in regard to its or his proceedings car duties. (4) ' f it appep,rs to the D;strict Collector that the Commissioner of a munici- plity has made dcfault in caqing 01 t any resolution of thc corl hcil; 1 liessid District Cnllrcror, shall dnect the Commissioner to implement the resolution in accordance with the rules in force and on receipt of the reply from the Commissioner, the Distrlct Collector shall send a report therein to the Governrnenr with a copy of the same to the co~n cil. (5) The District Collector may in case cf emergency in a ii:unicipality direit or provide fbr the ex~cutionc f any work or the doing of any act, which the council or Commissioner is enpowered to execute or to do.a ndthe immediate execution or the doingof whchis, in his opinionnecegsa~ for the safetycf the public and may direct that the expense of executing such work oi doing of such act, incurred as the elnesgency may require shall be pid frQm the iumcipal fund. 1. APPOINTMENT OF COMMISSIONER ANiI CONSIITUTION OF MUNICIPAI, ;td /:l> > &&!!PWmSnt OI . SEW1 CB. *- Crie~ufive Or 56. (1) There shall b: a Commissioner for each rn: nicipsl corporation a&l af%8r .of. for ach municipalily who shall be app~intedb y the Government. municipality. (2) There sh;]ll be an executive ofEcer for each town panchayst who shaU be appointed by the Director ar any of3cer authc~risedb y the Government in this behalf : : Provided tha1 the Onvermnent may, by an order, delegate the powera ex=- cisable b it ,. n der :hs section to the Director subject to such condiuons as may bo specis in the order. Power of. 57. (1) Subiect to the sanction of the co~:ncila nd sr bject to allother rest* ammissloner 'tions, Iimitatations and conditions as may be prescribed or as are hereinafter imposed of ~nidptlity, in this Act, the executive p ~werf or thr pu rpse of carryingo ut the provisiomt af ' this Act shall be vested in the Commissioner. (2) Tie Commissioner and other oWcm of a municipality shall p&rm %atlhl e duties and exmise al! the p wers specially imposed or conferred on the Commissioner or other ofRcers 1. nder this Act. (3) The Commissioner shall be responsible for the ctstedy of all the records br the municipality including all papers and documents con~ectedw ith the prow dings of the ccuncil, the standing committee and other committees and shall vange for the performance of such duties relating to the proceedings of t & said ' W e s as they may respectively impose. (4) Tbe Commissioner may delegate any of the powers, duties or functions oonferred or imposed upon csr vested in him by or nder this Act to the h<lldero f any municipal office in accordance with such guidelines as may be prescribed. I (5) The C3)mmissioner shall sad all cwrespondence through the C~rperson dw+thWw :u.vi ZIU c \mplRd.~~w.ecsej vcd by I$l11 h &w 4wa&F&& w be * *'At -m * rn &\*.'*~ -, 3% 3 4 u ks ,' k , i ~ , t , ~ ~ ~ ~ u b ~ ~ ! - t a * ~ * * * W Ume as may be -bed. . . "" :\ i,! , * . , (6) The Comissioner shall be the appointing authority for all Class IV Pasts and to the posts in OlaSseS 11 and 111 as de]qi\ted to him by Government. (8) The Commissicner ahall not aat under this saatior in contraveatio~ 01 any order of the wunail prohibiting tbe execution of aqy particular act, and shall report the action taken under this clootion and the reasons tharefor to &a oa.y- ncil at its next maetina. I (9) The Commissiooer may, without tbe sanotioa of the counail, inour patty oontingent expenditure incidental to the mudicipal adm~nistration, not axcabdiwq tha amount notified ,by tht. Gavernment from time to time : .-. .;: - :.., Provided that- -, (a) provision to meet the expenditura is available under the relevant bead di acaount in the budget framed by tha aounail *ith the modifications, il aay, . mado tharain by the Director ;a nd (10) The Commissioner shall be entitled to take part in the procaadinge of the council or standing committee or any other committees constituted pnder this Act, but shall not have the right to vote in the pro~erdings' of' the .soumil, standing committee or other committees. 51). (1) The Government may, by notification, aonstituta common muqiripal Conatftutfa of fierv~ccas nd frame rules foi the amplayeas ot tha municipalities, nameIy ;- mniuipal miod. (i) All Municipal Corporations; (ji) All Municipalities; and (iii) All Town PanchaYats. planat at ton.--For the purposes of this saction, the expression Hcomman s muncipal servicen shall inalude, the method of recruitmeut, 1ua liflcationa, diwi. lfiinaty proaaedings, leave, pension, ather terminal benefits an such othet oondi. $ions of se~vicasa s may be plesoribed. (a) to transter any o88cer or servant of tbe municipality to the mrvlcs of any otbr muni aipality ; (b) to issue general or special direction as they may tbink necessary far tho purpose of giving du-e rcf-ect t o any transfer made under clause (a). AX - - nu-, -- p--f2-+$miaw--=-'----- C h 8 s - ~ ~ot~he.r~, ~ ) b@ingp orlona boldin8 Poeta in a n 'o u "" nrJ = fl l m a mni~a)rp jwj~tcd$ 0 r r w undsr ,, ,& ~ o m n m ~ i CluclV-AU poisons holding posts in the service ctassified by the Govefn- =ant as basic service. - (2) AU appoiotments to the posts included in Clau I shall be made by tho WvernrnUUt. 8 (3) ~ 1 a1p pointments to the posts in class-IV and to csts in Classed and US as delegated by the Government shall be made by the ourmissioner. (4) The Selection Committee referred to in sub-section (5) shall subw to such rules and guidelines issued by the Govfrnment fr~mtim e 10 time soleat polsons lor ap oi~tmentto the podta included m Classes-I11 and IV ard all suoh .a ppointrjibbts 1&811 be metie by the Co~missioncr. . (5) Tho Solaation Committee shall aompsise of the Ch.i~porson,Commissiouer and such number of members as may be notlfied by the Government: Provided that the alassifiaations made in sub-section (I) as Clares-I and I1 shall have no application to employees of tdwn parlchayats. Metbod of 60. (I) Evexy appointment to any post inoludod in Classs-8-1 and I1 shall be ~QQ-R~. made from tho list of aaodidates seleoted by the Tamil Nadu Publia Ssrvioo Commhnion (bereinattot in this section referred to as '?he Commission"): Provided that no such list vhaIl be prepared by the Commi!don in regard to the appointment with reapect to- I (a) any acting or temporary post for a period not exceeding one year ; or (b) suoh posts as may from time to time be specified by the Government in consultation with the Commission ;o r (c) a post when at the time of such appointment the person to be appointed thoreto is in the service of the Central Qovernment or State Government; or (d) a permanent or temporary post, if the person to be appointed is not Likely to hold that post for more than one year ;o r if such person is likely to hold the post far more than one year but not more than three years and the Commission apviseb that the appointment need not be mad e from the list prepareu by the Commission: Provided further that theappointment to the posts included in Classes-l an@ shall also be made by promotion in accordance with such rules as may be przscr~bed. (2) All sel~otiont c the psts spcified in Classas.!II and 1V shall be made by the Selection Committae in accordage with such rules as may be prescribed: I Provided that the appointment to the posts included in Classes-1IIam.i IV shall also be made by promotion in accordance with such rules as may be prescribed. brrrarion 01 61. (1) The Director shall fix the cadre strength for all municipalities taking into w r o consideration the financial position of the m~.nici~alitiaensd municipal services to be and c-tian rdered by the municipality to the public, other local conditions and such norms of P- as.may be prescxibec irom time to time: Prokided that the total expenditure on the establishment ot the mt-nizi- plity shall not exceed fo~ty-fivep ercent of the total Iqoome of a year in a muni- cipaht y. .. (2) The cadre strength fixed under sub-section (1) shall be reviewed once in tvery five years. (3) All appointments in a lnunicipality shall be made subject to the caaIre, strhgth of p:fts fixed unri er fhis section. *.. (4) Subjcct to the provisions of Sub-wction (1) the Director may, on the royucet ot tho Commissior~car nd based on any resolutio~m~a de in this behalf by the douncil. by an oru tr permit the Council to make any appointment in variation ro the otdro rtrongtlr Umtl sub.iect to such conditions as may be specified in the said order. ,( 5) Notwilhslu~idint~il t cadre 6trol;gtl; fixed: by the Dircctcr t*ndlar s u d i o n ( 1). t b Counc11 my. with the prior appr?v~lo f the Go~er~~ent, appoint any person on a contrcrct bas~sfo r a part~colarp orpooe and fga a Podfoolar priod, - CHAPTER V. - nNANCE AND BUDGET. 62. (1) ~ lmolni es received by a municipality shall constitute a fund did rlhau w-1 be called the "Municipal Fund" and shall be applied, and disposed of, in acaor- ' dance with the provisions of this Act and the rules maae thereunaer. (2) The receipts which shall be credited to the municipal fund shall include all grants, loans, advances or contributions mad e by the Government from time to time as may be coilsic' ered necessary having regad to the rccommena ation of the Finan- .- Commission, the needs for development and the cost of municipal administration and . I * 8ach otber relevant factors as the Government may deem fit. , . . ' (3) Where a municipality commits default in repayment of any loan or part of the loan due to the Government, such amount may be adus ted from out of tho , amaunt payable to the municipality by the Government by wa y of grant. 63. (1) The Government shall appoint auditors for auditing the ac&nts A pol- 1m. o. f d p t a nd expenditure of the municipal fund Such auditors shall be d d J ade , to be 'public servants' within the meaning of saction 21 of the Indian Penal Code. miptltg.' (2) The Government may for any special reason to be recorded in writi by an order cause the accounts of any municipality to be audited bya quali!lg ' auditors for one or more years subject to such conditions as may be . - 64. Any expenditure from the municipal fund shall be spent only for such ~m&ori& purpose and services within the municipal area authorised under this Act ana the ayc:IIaftm*, rubs made thereunder : Provided that the Goyerrpent may by an order, authorise any ex P e nditure tp be inc~lrredb y any municrpallty for any other purpose-nct provlded or In thls Act or rules framed thereunder sl-bject to such condltlons as may be 8~ecified in such order: provided further that the council may incur any expenditure specially sanctioned by the Government : provided also that the expenditure shall be incurred oufsipe the municipal area I if scch expenditure is required for maintaining the bastc servtces to the municipality. I 65. Where any expenditureisincu,rredb y the Government or by any Payment 01 other municipality towards any work or purpose, which is authorised by or under amount by a this Act, which would heneflt the residents of the municipality concerned, the munioipality for council of such nlunrcipality shdll make the contribution towards such ex- ally sparial penditure in such proportion as may be determined by the Government. work. 65. (1) The council nay, with the previous sanction OF the Government pow of mudl. and in pursuance of any res.)! .]tion passed at a special meeting borrow any sum dipality to, of money,- burro7 money. ) by war of debentures Ly raising loans from any Scheduled or Nationa- Bank or rom any other Fin,.ncial Institutions or Agendes as may be approyd by tho Government in this behalf, on the security of all or any of the taxes, dufles, fees and dues authorised by or under this Act, for the purposes as may be detm- .mined by the Government; (ji) by way of raising loan from the public by iibile b~ndsfo r incunig specifi items of capita! expenditure. 2 ~h~ amcufit of inan, the rate of interest nnd the terms inoludfng (2) $he date offlotatlo., the time and method of rspayments and the like sbdl b0 mb ~3 to the zppro~alo f the Governinsnt. Porm, sfi 67. (1) AU debentures issued under this Chapter shall bo iu SUG~ Lolm as the -1 determine and shall Oounoil, with the previous aanation of the Government may md pay- of debontsraa. be t~ansferable in such manne~ as ahall be therein expressed atld the right to sue in respect of tbe monies secured by any ot such debentures shall veat in # t.1 ' the holders thereof for the time baing without any preferenoe by reason of auah debanturea being prior in date to others. (2) The payment of debenture or security and the receipt for interest or dividend shall be in such manner as may be prescribed. Mainrena~oa 68. (1) The muncipality shall maintain sinking fund for the repayment oi I md tOvsr(- mney borrowed on debentures issued and shall pay by quarterly instalments I mont of into suah sinking fund and such sum as will be suffiaient for the payment within I ,j&&~ f ud. tbd period fired for the loan of all monies borrowed on debentures issued. I (2) All monias paid into the sinking fund shall be invested aab ' applied hv tl-ffC ommissioner in suab manner as may be prescribed. hfdtY4 62. All payments due from tbe munioigality far interest and on regaymqnt ot paymms loan8 shall be made in priority to all other payments due trom the muniaipality. a! fntereut and repayment of loans over otb6r paplant. Preparation of 70. (1) Tbe Comn~issioner shall, in cansultation with the Chairperson and budget. wards Committees wherever suoh wards aornmittees exist having regard all the requirements o! this Act and in accordance with the guidelines issued by the C$overnment,p repale in such form as may be prescribed on or before the 1st - -- day of Januazy of each yuar a budget estimate ot tba inaame and expenditure of the municipality for the next flosncial yaar and plaoe the same before the cou-ii with the approval of the Standing Committee wherever such Standing Committee exists, on or before the 20th day of January of each year. (2). While prepari'zg the budget estimate under sub-section (I), the Commissioner may append thereto a report indicating whether the following services are being provided in a subsidised ma ?uaa nd if so, the extent of the subsidy, the sourae from whiah the Subsidy wa s met, and the sections or categories of the local popi.lation who ware the beneficiaries of suc11s ubsidy, namely:- (a) water supply and disposal of sewerage ; (b) scavenging, transporting and disposo 1 of wastes; a nd (c) street lighting: Provided that i n any mun itipality where there are standi >.g committee, the Cornmissloner sha 11 place the budget estimate before 1h e standing oommittee concerned for scrutiny clf the budget estimate and to offer its remark$. (3) The counail llhalli n a special mseting to beconvened for this purpose aoaeida~ the proposals contained in the budget astimate and apprQvet he same with or w i t b ~ ~ modiflcations as maY bo considered necessary on or before the end of February af each year. (4) A copy of the budget estimate as approved bv the council shall be forwarded to the Director. (5) (a) If the ~omrnissioneirs of the opinion that the budget estimate as approved by the council contravenes any of the provisions of this Act or any rule, notifica- tion, by-laws, regulations made or issved under this Act or any order passed by the Government, he shall refer the budget estimate to the Director. (b) The Director shall direct the council to rectify the defects in the budget estimate of the municipality. (c) Where the couilcil fails to rectify the defects as pointed out by the Direc, tor, the Commissioner shall give Hect to the budget estimate as suggested by the Director. (6) ~ 4Ceon lrnissianer shal! mqe ;?l.ranzements to publish in one pro- mipe it local Tmil newapspe:. the lmS o rtant features of the budget and the details of the work* programmes in acitoi anae with the rules as may be t.rresariW, not later than 3 1st day of July af that financial year. b - TAMIL NADU GOVERNMENT GAZETTE EXTRAORDDiARY 71 P 7 ' ' ' 71. The cduncil may pss a supplemental budg~te stimate forthe purposesof Preparation of meet~nga ny special or unfcrewen expendit1 re arising dl ringtbat fin8ncial -year. *-supplemental and final mcdification and appr~priationi n accordance with the rules prescribed. budget and final modis /'.i oation,audl . appropriation. 72. (1) The Finance Commission referred :r in Article 243-1 of the Consti- ~onstitut(&* f tution, shall review the financial position of the mu nicipalities and make reccrr- Finanx , mendations to the Governor as to- Comrnb,,,-s,A i~n.~,~, B . (a) the prip&plles. w. hich shov Id govern, -! 41.~l!f?1 3 ,. ., . , (ij the histrilh tjon befwcen thr Govcrnnmt and the rnt nicip~lilirrs f the' net proceeds cf taxes, duties, tells ard fees Itvi$bl~b y the Gcvernnent and which are to be apportioned between the ~ I n L ic ipillit y a.rd r Ec Gr vernn cnt ; I t "d , C (ii) the det~rminaiidn ihc taxes,;& jies, to;is and fcrs vhich pay ,,be assigned to or appropriated by the niun~cipalily; Ct" (i;i) the grants-jnad to 1h e mu?iciplity from the Consclidatsd Fuud ui the State I , ,. . , ! <, (6) the measl: res needed to improv-e the financial position of !the munid- . ' . palitr I : , L (c) qny other matter ,referred to !he Firarce Ccn:missic r: 1.y the Gc w. r r r I I ip t ,, h . e interest ors&~.rifai naTb bf thk ht iticiplilies:, , ' I 3 , . IPS. ,;> % i ,, f ..fa; (2) The Governor shall cause every recommendation made by the:k,fiinanre : .: d:.\ . Commiss_ion, under tbis sq.tion together with an exp1ane.tol.y memorandum as to .': J, ihe action taken thi:reo'n tof5e-laidt )efo$&t he Tdmil Nadu Lepislative Asscml3ly. .., ' ..*,I l~rl , L - I ,IJ'~IL * ~ . 1,. 2,. '#>d , 2 ' , I ' PROPERTY&WORKS, TAXATJON, LICENCE AND FEEL ' ' PROPERT,Y AND WORKS. , . : 73. T J h - e u * c '. o4 1~41 n d::I f3% ~ b ~ 1~4, bb6 c r c l#: ~ ;,2 t 1 : : , .u - f: i. . > - 1 t:2,-rf 1, %fJlL.b ,id 18, i 1 tr A t; d s c t c p p ro ta p ~ sr c t c i o r f : (i) any sum of money f ( r t o m !~ 3 in ? d > i i v ~ i 9 d 3 r .$ a d3 l s ?, o ,{ r tru .t s ? ts 9 7 o V n t issuing a. receipt , fol the same by the Commissioner ; and (li) eny pmpertv, given in ' -trrtctF or the purpose of any I of thefu nctionq of the mt nicipalit and nhich miiy brinr iac~metotH e ~cllhdpnliq and i he scceptnnce of ahicb,w ouldl ~iarte st It in my loss to the municipal h nd. t : > ",,? + .I 74. (1) Any la"d~1'.ikhaiff&i ~W Gs e h 1t't %-e7 e Mrs of.thrid\!~nici~1ityi~IP1C w nt o acqui be dseped t$ ky a Ja pd. nqeded for a r-btif pr se ps providcd fc r rrnder the Lpnd land fox ~cqi?sittoh. ~ d : 1 8 9 4 ' 4 n aa iath b' ttie ~ochcB-&ddet'tEr said Act. manidpality '' (bt flk' c&&ii &&iik $39 lk6d 04 'buildidg, the-vahk~! df ivhich does not exceed 1 he amol nt as may be notified by the Govcl I-men?. 'The 'OdVnl3tAetlt may notify different monetary limit f.o.,r d , i fferen; n;unicipality. ., - . I J I.\-!. ,cl 8 1 7 , 7 , 75. The Government may, with the consent of the council, transfer to "The Entrustment mr nicipa!ity the mawprrcrt c f any inslit1 firn c r the exen.tion el any wvork not any work to providrd for r nJer this Act and it shall there r pon be lawful for the cor ncil to munlciplity u c n o d nd er it t i a o k n e s s a s s q m b a .m y a b ? e a g r c n m ~t e r n a t l ly o a r g e r x e e ed cu t t o io : n of such work, subject to SL ch terms and n f o Ao t c r p t u. r n ov d id a e t d b i - - 72 - TA MIL NAUL GOVERN hlEN r GAZETTE EXTKAOl<DI NA#Y -- - -,- - - . - - - , Ners of scvei- 76. The monetary limit for sanction of any estimate by serveral authorities authorities of of the municipality shall be such as may be prescribed and such monetary limit ' ~nicipalityto shall not exceed five crore of rupees. ~ctionas ti- , tea nerd provi- 77. (1) The Council may enter into and perform all such contracts as it may regarding' consider necessary or expedient for carrying into eEect the provisions of this Act. ltracts. No contract involving an expenditure exc~dingjthem onetary limit - ('I.) ~rescridedu nder section 76 shall be entered into by the authorities af the munici- pality in accordance with such rule as may be prescribed. (3) Every contract entered into by or on behalf of the>Council shall be entered in to in such manner and in such form as may be prescribed. (4) The Commissioner shall take sufficient security and solvency, as may be prescribed, for the due perforn ance of every contract into which be enters, as per the provisions of this section and the rules made thereunder. The securlty and solvoncy certificates so obtained shall be under the custody of the Commissione~ a and 78. (1) The Council may dispose of any moveble property. belonging to a osing of municipality in such manner alld subject to such terms and cond~tionsa s may be vable and prescribed. novable perties (2) No sale of any land or any other immovable property belonging to the municipality shall be made by the Council: ?ol nIapal1ty. Provided that where ~ nmyu nicipal land or building is required by the Central I or State Government for any public purpose. the Council may permit the sale of such land or building. (3) The Council may grant licence to any person for use ~ n odcc upation of any land or building belonging to the municipality for e period not exceeding three , years pn payment of fee at such rates and in accordance with such rules as may be prescribed and such l~cences hall not be extended or renewed after three year period is over. (4) The licence fee referred to in sub-section (3) shall be paid in the following manner, namely :- (a) in the case of licence granted for a period not exceeding one year the . licence fee shall be paid at the time of granting such licence; I (b) in the cabb. Flicenceg ranted for a period not exceeding two years,- I I (i) the licence fee for the first year shall be paid at the time of granting Svch licence ; and (ii) the licence fee for the second year shall be the licence fee for the first year wlth ten percent of such fee and be paid at the beginning of the second Far ; - (c) in the case of licence granted for a period not exceeding tbree years, (i) the licence iee for the first year shall be paid ?t the time of granting r I sucll licence ; {ii) the licence fee for the second year shall be the licenc fee for the first year wlth ten percent of such fee and be paid at the begimiu of the second vear ; and (iii) thelicence fee fox the third year shall be the licence fee for the second Year with fifieenp ercent of such fee and be paid at the b?gi,ginning of' the third year. - --- -. ----- -- - --- -- . -- - ----- - . T A X A T I O N . 80. (1 ,) The Council shall have the power to levy the following taxes Ta XC. to (a) Property tax i (b) Water tax ; (c) Sewerage tax ; (d) Education tax : (el Advertisement t ~ ;ha nd (f) a duty on trn~c fer of pr.,perty. (2) The levy, assessment and collection of taxes menti0n.d in sub-section (I) shall be in accordance with the provisions of this Act and the r~lesm ade thereunder : I Probided tha.t the provisions of this section shall not apply in resp ct of clauses (b) and (c) of sub-~ection( 1) to any mi nicipality to whlcb tbe Chennai hletropolitan Water Supply and Sewerage Act 1978 applies. 81. (1) For the p: rvose of imposin_e a tax under this Act, the Councli Procedure shall pas a resolution determining the levy of t2x specifying the rareat tor imposing which nntf thc date from which such tax shall be levied. taxes. (2) Any proposal to levy or increase the rate of any tax or to effect any change in the mode of levy or the manner of collection, shall be pbced before the oouncil and the Council after due consideration shall pass necessary resoIution approving or modifying the proposal. (3) The resolution passed by the Council shall be published in such manner as may bc prescribed calling for an\ obiections and >u:;gestio~s f to! the tax payers I, of the mu~icipaltty in regard to the proposed levy, Increase or change in the mode of levy or manner of collection within such time as may be prescribed. (4) On the expiry of the period presclibed, the Council shall L ~siderth e objections and suggestions received in regard to the propose6 :.- ,\,i.n crease or change in the mode of levy or manner of collection and pass necessary resolution appro- ving the proposal with or without modification. 82. (1) The property tax shall be levied on all buildings and lands within the Levy ol .- municipality. property tax. I (b) where the title of an) building or land is traderred, such transferee ; (r) in reiation to any bsilding Or land, in the ebcnt of death of the person liabie to the payment of propeity tax, the person on whom the property is transferred: I sh:all furnish to the cornmissloner within such date as may be prescribed, a return for such building or land containing such details as may be prescribed for the assessment or reassessment of the property tax to the said building or land. (3) 111 the case of ressscssment or generel revision of any property tax leviable under thls ~ c tth,e owner or occupier of any building or land shall furnlshto the Cummissioner within such time as may be prescribed, a return in such form con- talnlng such details as may be prescribed for tne assessment of propertv tax to s:.c:J. bui1d.ng al' lam. (A :Irobp~I V-2 Ex. (33b)- 6i.i - - --- r La. o.. , m -L i AMlL NAD U CiOVERNMLNT GAZETTE EXTRcZORD INARY ' (4)' If any owner or occupier of any buildirig or land fails 'to furnish a return as required dnder sub-section (2) or suljkectiori '(3) or furnishes an in:ornplete or incorrect return,'the Commissioner or any person authorised by him in this behalf,. shall cause an inspection to be made and also to make such local enquiries as may be considered necessary, and based on such inspection and information collected, shall prepare a return and a copy of the return sfiali be furnished to the owner or occupier of the building or land. (5) On receipt of a return under sub-section (2) or sub-section (3) or on t h ~ basis of the return F. ..nared by the Colilrnissioner under sub-section (4) and after considering the objections, if any, received, the Commissioner shall determine the pr~pertyt ax payable in accordance with the provisions of this Act and shall send an intimation to that effect to the person concerned. - (6) In the case of failure to furnish a return vnder sub-section (2) or u~lder su b-Section (3), the Coinmissioner shcll, in addit Ion to the tax dctennined under Su b-section (5) direct the cwner or occupier ~f any building or land to ps(y by way of penalty a sum of rupees two hundred and fifty or five per cent of the property tax determr ned under su b-section (5), whichever is higher. (7) For the purpose of assessment of property tax for any building or land in the municipality, the Commissioner or any officer authorised by him in this behalf may enter, inspect, survey and measure any building or land, after giving due notice to the owner or occupier before such inspection and the owner or occupier shall be bound to furnish necessary information required for this purpose. (8) The property tax on building and land shall, subject to the prior payment of the land revenue, if any, due to the Government thereoc, be a first cwge upon the said building or land and upon the movable property if any fount1 within om upon such building or land and belonging to the person liable to pay property tax. , . ,mum and 83. The Government shall prescribe the minimum and the maximum rates of- mum basic srty tax, (a) basic property tax for the building or lagd having regard to- ./ iional basic b lerty tax, etc. (i) the existing property tax t-' (ii) the value of the building and land ; and I * (iii) the use of the building; (b) additimal basic propcrty tax for *every building kith reference to its location ; 7- (c) additional basic property tax for every bp.il din-g with reference to its type of construction 1 -- I (d) the aoncersion with regard to age of the b"ui-ldi-ng-. 7,minat ion 84.. (1) The basic property tax, the additional basic prop a rty tax and the \sic pro- aoncesslon, if any, with regard to the age, for evary building or and shall be deter- tax, addi- mined by the Council subject to the minimum and maximum rates prescribed by I basio pro- the Government under section 83. tax, eto.. . 'ouncil. (2) The Counail shall notify the rates determined under sub-section (1) aad suoh other particulars and in such manner as may be prescribed. (a) (3) (i) The basic property tax for every building shall relate to the carpet area of the bu~ldinga sd its usage : Provided that the carpet araa of any buildi~lgs ha!l not include the open varandah, open court-yard or any other open spacje which 1s not enclosed. (b) The classification of the building, for the purpose of deciding the usage of any briilding shall be residential, commerc~ali, ndustrial or any other classifica- tion as myy be prescribed. (ii) (a) The additiotlal basic property tax tor every building shall relate to focation and type of construction of the building. - -.. . -- .-- .- ' 1 - *- I 1 I ' -I*, . I., . -- - . - -"'a- ( ' , --- - - . - - - -. --- , - . -- - - - ----, _ _ .- - I - _ - __- - - - -- - TAMIL NADU' GOVERNMENT GAZETTE EXTRAORD?"~ARY 75 ---- -- - . - -- -- - - - .-* 0' I k (b) For the purpose of this clause, the location of the budding shall be classifled as follows :- (A) arterial'roads, bus-rode kbads leading to arterial roads and main roads : , (B) bus-route roads other than those specified in item (A) ; (C)r oads and streets in primarily resideutial colonies. - , t (c) ,The type of construction o -. f the building shall be classified into different groups as*f olfows, ntqely :- 1 . , (A) thatched or8'tiled roof :; (B) reinforced concrete ceme'nt roof ; (C)r einforced concrete cement roof with mosaic or ceramic tiled flooring1 I , I * (D) granite and marble flooring and walls. .I (iii) A cpr,lc~ssiono n the basic an< additional basic property tax shall bo I allo,wed in calculat~ng the property tax having regard to the age of the building In suoh manner as phay be prescribed. ' 85. !I) For the purpose of levy of property tax, every building shall be Assessmefit assessed toget4er with its site and otfier adjacent premises occupied as an and appurtenancef hereto. calculation of ' property tax, (2) The property tax shall be calculated as follows :- (a) Firstly, the basic property tax for a building shall be calculated at the rate fixed by the council. (b) Secondly, theadditional basic property tax rl,r sucb building shall he calculated at the rate fixed by the council and added to the basic property tax so arrive!! i:t under clat.se (: ). (c) Thirdly, on the quantum of amount ;arrived at under clauses (a) and (b), the concession havingregard to the age of thb building at the r2te fixed by the Council shall be deducted and the aam!~lltS O arrived at shall be the property tax payable in respect of any building for every half-year and shall be paid by the owner Gr occupier of such building within the half-year period. Explanation.-For the purpose of this sub-section., the expression "half-year" shall be from the 1st dsly of April tc the 30th day of September and from the 1 day cf Octobei to the 3':s t day of March of P year : Provided that in the case of any Government or railway building a concession shall be allowed in calculating the property tzix in such manner as may be prescribed. I :. ' ,:' 1 I (3) The Commissioner shall issue a property tax book co~taininga !l !he , I If details of the buildink di'land and the ptbpeYty thx palableip relation to sucli btllldtnq , ' I .,a,y or land in such form as may be prescribed. , , / I (4) (a) Where there is any land without any building situated within the muni- cipal limits, the Cnmmisric:ner shall determine the property tax payable for I !,,I~, such land at the rate fixed by the Council. (b) Where there'is any land with building situated within the ~nunicipalli mit, and if the extent of the land left vzcant is twice the plinth area of the buildrng, the Commissiqner shall determine the property tax on the vacant land which exceeds twice the plmth area of the building at thie rate fixed by the Council: Provided that no property tax on any land shall be Ievied under this sub-section if the extent of snch land with or without any bullding thereon, does not exceed two thousand and four huridred square feet. (5) The Council may, subject to such rules as may be made by the aGreoav ernment, by notiflcaticn, in this behalf exempt any building having a carpet noten~edingo ne hundred square feet, anstructedwith mud wallsand thatch* ,,*f, from the levy of pro~eftia~x. General 3 6 The general revision of the assessment OP property b t e a x m in ad r' s a tio O n n ! c o e ln f t iv h e e revision and land situated within the Ulunioipal limit accordance with the of propert'' years. ~h~~ ~ ~ ~ i sma~y reiviose ~thee prrop erty tax tax. prov isions of this Act and the I U ~ Dm~ad o therounder - u,. ruw idl-b ~ L U V L . II.A.LI&U ~ AidU~lu bb dul. Jb bhGd3b (iou LUL k)Ludw~-J L*- b.- ex~mptjon~. (a) places fet apalt for public worship and either actually so used or used for no other purpose ; (b) choultries tor the occupation of which no rent is charged and choultries the rent aharged for the occupation of wbich is used exclusively for charltable purposes ; (c) buildings uscd for educational purpohc including hostels attached thorulo and plrtca~ "nod lor tlic charitabio purpose nf aholtoring the daetitutas or urli~rruln i~rld orphirrt;ryu.u, l~omona nd nchoolsl for tha,deaf and dumb, naylum for tho sgod and fallon women and such airnilas institutions, run purely on phrlu~lthropicl i~lcsa s are approved by the Council ; (e) charitable hospitals and dispensaries but not includ ng residential quarters attached thereto ; (f) such hospitals and dispensaries maintained by railway administration as may, from time to time, be notifled by the Government, t ut not including resi- dential quarters attached there10 ; (g) burial 2nd barnin2 gro.!nl!s included in the book kept in the muni~ipa ofice ; (11) the bel of any river or canal or any river or canal belonging to Govern- ment and which do not provide any income to the Goverl~mento r any Gavernment la7d set apart for rzcreatic n purposes or any other Governmellt property being neither building nor land from which in the opinion of the Government ally income I could not bc tlcrrvect :IS m'cy fro ,J tjmc to limo, bi no~ifieclb y the Govornmel~:t 1 Provided tha: nothing contained in clauses (a), (c) and (e) shall be deemed to exampt any buildiilg or 'and from property tax ally building or land for which rent or service chargt: is payable by the person asing the same fo; the purposes referred to in the said clauses, 2ollection of 88. Notwithstanding the exemption granted under section 87B it shall be open ervice charges to the Council to collect any service charges for providing the civic amenities and n rzlarlon to for any other general or special services rendered during festive or ceremonious vempted occasions at such rate as may be decided by the council in this behalf. ' uildmgs. evay and 89. The Coun~il may levy watcr tax at a rate not exceeding thirty Evc Alection of per cent of the property tax as the i council may determine, and collect such tax in ater tax. such manner as may be prescribed. evy and 90. The Council may levy seweragz tax at a rate not exceeding fifteen per cent allectjon of of the property tax as the council may determine, and collect such tax in such :werag tax. manner as may be prescrib~d. evy and 31. The Council may levy education tar with rt* a1 ea at such rate not ollection of exceeding five percent of the property tax as the council mrry determine, and d~catlc,nt ax, collect such tax in such manner, as may be prescribed. 92. Every pzrson who erecis, exhibits, fixes or rerains upon or over any land, evv aild oi ~;lcction ent building, wall, hoardings or structure any adverst~sement,o r who displays- any advertiwment n~blir view in a mpnnel wbatsoevcr n ;Iny dvertlsem !I. places whether puu~.~p rivate, in the municipal limit shall pay on every adwrtise- ,r I nent wa. ' IS 50 erected, exliibited, fixed, retained or display& ,lu r,ub,l~ view, a tax m!cul~ted at sucn r.ltes and in silch mannw as the ~;,ouncli may, dc <?:.,-mine I I rn acc~rd;tvcew ith s~~rct ble as may be prescribed: I - TAMIL NADU GaVERNMENT CiSIZETE BXTRAORDPNARY 77 -- Provided that the rates sball be subject to the rates that may be prescribed by theaGovernmenta nd different rates may be prescribbd for different municipalities talunp into consideration the location, the size of the advertisement boprd, the period and the types of advhtiscments : Provided further that no tax shall be levied under this section on any advertise- ment or a notice- (a) of a public mmhg :o r (b) of an election to the Legislative Assemblv; ar (c) of a candidature in respect of such an election a Provide+ also that no.sncb tax shall be levied on advertisemeat which is not a slq-sign and which- (a) is exhlbitcd within the window of any building ; or a : (b) relates to the trade or business carded on, within the land or building upon or over which such advmtisament is exhibited, or to any sale or letting of ,. { r . $ such land or building or any effects therain or to any sale, entertainment or meeting to be held upon or in tho same ; or (c) relates to the name of the land or milding upon or over which the advertisement is exhibited, or to the name of the owner or ocxu~iero f such land or building ;o r (6) relates to the busifiesso f any railway administration; or (e) is exhibited within anv railway station or upon any wall or other p~orertyo f a railway administration except any portion of the surface of such wall or property fronting ally street. Explanation I. -For the purpose of this section the word "strucutre" shall includes any movable board on wheels used as an ad vmtisernent or an advertist. ment medium. Explailation 11.-For the rurpose of this section, the expression, "sky-sign?' means any advertisement supported on or attached to any post, pole, standard, frame-work or other support wliblly or in part upon or over any land, building, wall or structure which, or an\ part of sky-sign which shall be visible against the sky f I om some point in any public place and includes all and every qart of any such post, pole, standard, fraine work or other support. The ex,- x- slon "skyslgn" shall also Include any balloon, paraci-lutc or 0th.. -imilar device employed wholly or in part or the purposes of any ndvcrtisement upon or over any la~~btlu,i lclillg or at~-iwturoo r ul,o~i or ovor rrtly 1)111rlli: 1jl1ri.o ljct~u l11rl1 IIO~ i nclud e- (a) any flag stafl, pole, vane or weather-cock, unless atlopted or ~~htd wholly or in part for the purpose of any advertisement ; or (b) any sign, or any board, frame or other contrivance securely fixud-to or on the top of the wall or parapet of any building or on the cornice or blocklng of any wall, or to the ridge of a roof : Provided that such board, frame or other contrivance shall oe ot one contir,ucas face and not open work, an+ does not extend in height more than one metre above any part of the wall, or parapet, or ridge to, against or on, which it is fixed or supported ; or (c) any advertisement relating to the nalne of tile land or building, upor1 or over wj~icht he advertisement is exhibited, ox to the name of the owner or occupier of such land or build; ng ; or railway (d) anv advertisement relating exclusivelv to the bvsjness of a ad ministratiol, and placed wholly upon or over anv railway,. railwav yarc7, station. Jatt orm or station approach belonging to a railway admlnlstration. and I . $0 ,r. - VERNMENT GAZETTE EXTRAORDINARY 79 (2) The Government may make rules not inconsistent with this Act tor regulatlng the odlection of the duty the payrqeqt thereof to the municipality and the deductions of any expenses incurred by the Government in the collection 95. (1) Notwithstaodiag anything contained in the Indian 1~;:; Act, 1851, Power 01 the Council may levy tolls in respect 01,- acunlcipality I to levy tolls. (a) any road or bridge made, improved, repaired solely at the expense of the municipality ; or (b) any road or btidge made, improved or repaired at the expense of any person or body or association of individuals, whether incorporated or not :

Provided that tue total expenditure incurred on the road or bridge shall not be below such linlit, if any, as the Counail mav, by by-laws, determine. (2) Tha tails shall be levied an3 colleated at such rates and on suah period not exceeding the maximum and in- accordance with the procedure, as may be prescribed,- (a) in the case of tolls levied under clause (a) of sub-section (I) for the I reaovery of the amounts expended upon the road or bridge by the municipality ; (b) in the case or tolls levied under clause (b) of sub-section (I) for the recovery of the amountexpended upon any road or bridge by the person or body 01 association of indivi.1 uals concerned, together wlth interest thereon at Such rate as the Government may fix and such other amount as the Government *a? I 96. No tolls shall be paid for the passage of,- Exemption from I payment of toila (a) police off cers on duty or of any person or vahicle in their custody; (b) vchicles ownerl or controlled by the Ccntral or State Government I including defence vehicles; and I (c) any person or class of persons Or any vehicle or class of vehicles with person on board, as the Council may, by general or speciai resolution, specify in this behalf. 97. Notwithstanding anything to the contrary contained in this Act or the ruler Power to made thereunder, if for any reason any person liable to pay any of the taxes or assera map& fees leviable under this Chapter has escaped asscsslncnt in illIY half-ycar or yew flaocmme-n0 . or has been assessed in any half-year or year at a rate lower than the rate :it which he is assessable, or in the case of property tax has not been duly assessed in any half-year or year consequent on the building or land concerned having escaped proper assessment the Commissioner may, at any time within six years from the date on which such person should have been assessed, scrve on such 'person a notice assessing him to the tax or fee due and demanding payment thereof within fifteen days from the date of such service and the provisions of this Act and the rules made thereunder shaU so far as may be, apply as if the assessment was made in the half-year or year ta which the tax or fee relates. 98. (1) The Commissioner may, on his own motion or on an application made Power to at any time within six months from the date of any order passed by him, rectify any tcnify er~os error apparent on the face of the record : apparent cn the face of the ecord, ! A Groun 1V -2 Ex. (398)- 7 provided that no such rdcation which hao thi rhect of cnhanoing an assee ment, shall be made unless such authority has given notic$ to the assessee and h a allowed him a reasonable opportunity of being heard. (2) Where such rectification has the effect of reducing an assessment. the k~cessa mount if any paid by the assessee shall be adjusted towards any tax that may accrue in future. Levy of fine. 99. (1) Whete a person fails to pay the property tax within the time specified, thecommissioner shall impose upon him, by way of fine a sum as fixed by the Council in this behalf in accordance with such rates as may be prescribed (2) On verification of the return filed by the owner or occupier of the 1 - or land after-the issue of the property tax book, the Coinmissioner may, if he is satisfied that the owner or 0cc;upier wi]f&lly filed false return, the Commissioner may cause reassessment of such property and direct the owser or occupier to Pay, in addition to the tax assesse6 by way of fine, a sum which shall be one hundred per cent of th:: differencc in thc tax due: Provided that no fine under this sub-section shall be imposed unless the owner or occupier affected has had a reasonable opportunity of showlng cause against such imposition. 7;lxation Appeals 100. (1) There shall bc a Taxation Appeals Committee for hearing Committee. and disposing of an appeal preferred by any. persolz who is not satisfied with the assessment order made by the Comm~qioner under this Act other than the orders relating to the duty on transfer of PI operty,- -,s-. (i) for every town panchayat consisting of* the Chairperson of the Council who shall be the Chairman of the Taxation Appeals Committee and such number of members as may be notified by the Government from among the members of the town panchayat ; (ii) for every %lu nicipality, consisting of thc Chairperso11 of the Council who shall also e the Chairman of the Taxation Appeals Com:llittce and four Councillo~se lected by the Council. (2) The business of the Taxation Appeals Committee shall be transacted in accordance with the rules rlade by the Government in this behalf. (3) An appeal against the decision of the Taxation Appeals Committee may be filed within thirty days from the date of the order to the Principal District Judge. (4) No appeal shall be entertained by the Principal District Judge, unless the appellant deposits with the town panchayat or municipality, as the case may be, the entire amount of tax as decided by the Taxation Appeals Committee, and the appellant shall continue to deposit the property tax with the town panchayat or municipality, as the case may be, as decided by the Tax~tionA ppeals Committee till the disposal of tke appeal by the Principal District Jud go. (5) Where as a result of any order passed in an appeal any amount already. deposited is in excess of the tax due, the difference, after deducting the tax due, I shall be adjusted towards thc tax, and fine duc, In respect of any other period, by thc ~nunicipal~ty. . 1 Tuxulio~lA lq)c';~ls I 01 (1 ) .r11ere sliall be 011c or Illore Taxntlo!~ ~ppealsT ribunals (hereafter Tribu~irll in illis scclion rcl'crrcd to as "tllc rribunal") for thc corporation for hearing and tlrsl~osing0 1' an a1y:c;lI prckrr~xib y any person who is not satisfied with the trtiocNu111~1o1rlt lcr ~li:~tIljcy IIic Co~llmissio~~uncdr er this Act other than the orders rcluliag to lllc Iri111sli.r tluty. (2) Tllc Tribulial sliall of a Judicial Officer who is or has been u ('ivil .111clj~c(.S cliiot- I)ivision/C:hicf Judicial Magistrate). . 'I'l~lru rtns uud ccoddiool~so l'lhe Tribullal shall be such as may be deter- nlil\c.il I)y (IIC <io\~cr~lnlt:~~t. 141 l'l~sr: ~lrry;l ad OIIIFI. ~IIOWIIIICSS payable 10 tile Tribunalshall be bornr 1'10811 (111' l'1111iIb '' 8 lbi* (-,)I~ ~ o t ~ ; ~ ~ i ~ ) ~ ~ , - - - (61 & (i) Every appeal filed under this section shall be entered in register maintained for this purpose by the Tribunal. (ii) The ~bunal'shallg ive to person fi~infine'an-~~~e'walr itten notie . the place, date and time of hearing the appeals, I- , date of #filing of the appeals. (v) The gist of the order passed in an kppeakshall be recorded in the register which shall be duly attested by the Tribunal and a copy of the order shall be supplied within ten days from the date of passing of the order to the appellant. . - . ' '::, (9)I wher I e as . a re t sult * bf a ny order passed in ap n- p I, eal, L a . r I r y am~u$at lready deposited is In excess of the tax due, the difference after deducting the4 tax due shall be adjusted towards the tax and fine due, in respect of any other period, I to the corporation. ,a LICENCE AND FEES. 102. (1) No person shall carry on any trade or business, in any plaw: whether Grant ot I public or private within the municipal limit without a licence granted by the Commi- licence. ssioner subject to such terms and conditions as may be prescribed.. Such licence shall be renewed every vear. (2) Evcry application for a licence shall be madc to thc ~orprni3sioncrin such form and in such manner and accompanieci by such I'ee, as nay be prescribed. I - (3) On receipt of sucl! npplicatloti, the Com~ii~ssionmcra y, after ins~~ctlnthge gl\~e'i n which the trade or business is to be carried an, grant the licence or refuse to pant the licence after giving a reasonable opportunity of being neard, 103. (1) The Council nmy determine the licence f co subjeCt to such minimum 1-ev). of alld maximum rates as may be prescribed having regard to the natur- of trade.. licence fee and or business or any other relevant factors for the grant of 1:. twue of licenct card, (2) The Council shall review the licence fees fixed. for any trade or business once in three years and shall increase the fee payable in relation to such licence w subject to the minimum and maximum rate prescribed the Government, * , , . t ' "2 " (3) Every iicence shall be issued with a licence card containing d efaib relating to the said licence ancl on payment of such fee as may be prescribed. (4) The Cprnmissioner inay suspend-o r cancelany lice~zcief he is satisfiec! any of the proyis~onso f this Act or rules made thereund er or the terms and co~~ltlons suhiect to whrch the hcenw has been granted, are viol~tedb v the licencee. A Group) IV-2 EX.( 398)- 7A I 82 TAMIL NADU GOVERNMENT GAZETTE EXI"I'0RDINARY - __ --_-- --- ---. ovtrninent 104. Nuthing in this Act or in any rule, by law or regulation made thereunder id market shall be construe& as requiring the taking out of any licence or the obtaining of any permission under this Act or such rule, bye-law or regulation in reswc* of >rnrnittw not any place in the occupation or unufr the control or the Goverixmect or the Central obtain ;ence and I Government or of a market committee tstablished or deemed to be establishes uncer the Tamil Nadu ~griculturalP rocluce ~arketin.g( Regulation) Act, 1987, 1a 1111 htxb srmission. or in resj>ect of any property belonging to the Governme~o~rt t he Central Cover] melit Act 27 01 or to such market committee. rant of 105. (1) No person shah keep or cause to be kept or permii the keeping of a c tt a such animal or bird, as may be specified by the Gokernment in tkis hehalf', by dmal and notification in any municipal area, or part thereof after the ex;iry of a period of 1 -sd. thrae lnonths from the date of silch notification, except v~dera,n d in accordance with the conditions of a licence. (2) Any person desires of obtair'ing or renewing a licence slall apply to the Commissioner in suchform, in sucha manneranc! on paymert of such fee,c s may be prescribes. (3) On rec' ?t of'an apphcation under sub-section (2), the Coun~issio~lmera y,. by order, after hold irig such ir:quiry as he deems fit, grant or renew the licence or, for reasons to be recorded in wr ~ti~lrfeif,u se to grant or rel?ew the licence after giving a reasonable opportunity of' being heard. nyound-ing of lU6. (1) No person shall milk or cause or permit to be nlilked any cow ot ray an~mals. buffalow or other animal in any r-lblic street or place. (2) No person shall allow any ani+nal to be strayed in any public street oi. public places. (3) Notwrthstanding anything contai~edi n any other law for the time being in force, the Commissioner may cause to remove and imround ari y a:] i~.iiable ing milked or any animal found stra~ingin any public street or other public place in accordance: with such rule as may be prescribed. iccncing of 107. (1) No person shall kee~an y dog or pig without a licence granted by- ag and pig the Commissioner in accordance with such rules as may be prescribed. ad power to ispost ot stray og and pig. (2) .4ny c'.ug or ;jig founc' stmyinp, in a public street or lluMic place may be* summarily c! estroyed by any person authorlsed in tCjis bel~alfi n writing by the Commissioner. jcellcing of 108. (1) All markets which are acquired, constructed, repaired or maintained luWo and out of the municipal fund shall be deemed to be public markets. 1 rtvabrmukdr. (2) Notwithstanding anything contained in any other law for the time being in Lbrcs, the Council shaII eQablish any place to be used as a public market for sale* or purchase of any cornmodit ies within the municipal limit and shall collect sucb fees from any person using the place so established as a market and, different fees may be collected for different commodities as may be nxed by the Council ins accordance with such rules. (3) The Ch~nciml ay, with the sanction of the Government, close any public market. (11) No private market shall be established or administered by any person or- c as O sm tl i l a : t ; l l o ' n $ "1 ' .r o i f r ~ t,r n o j n rr os io r d a n : y ~ n o ds rg u a b n je is c a t t t io o n s u w c i h th o t u e t r m an s y a n li d ce c n o c n e d g it r i a o n n t s e d a s b y m ay the. ~L'CSL\L1.)Ic d. (') Any P"W()n or rssociution of pasom or any organisation desiring to uMui" or r"llcw u ~~CCIICOto cstoblish or admiaster any privpfc sbaY ' * p r p e ' y* *r nv C h ~ e m ~ m n i ~ ~ s li r o ; I h iWn ~ q d ~ - lc hfo rm and in such azonsr and ncconpsllicd bv -, s ..- - - ---I_--- ..- _ __ _ -_ __ _ . - . - - - - - -- - -- - (7) The Commissioner shall have the power to inspect or cause an inspection to be made by any officer authorised by him in this behalf and if he is satisfied that them is violation of any provisions of this Act or the rtllas made thereunder or any of the terms and conditions specified in the licence, he may direct, such son to dfect any change or to suspend or to close the business either partly or f u l r Provided that the Commissioner shall give a reasonable time for complying with such direction. 109. (1) No enclosed place or building shall be used for public resort or enter- Licensing of 1 tainment within the municipal limit other than in a Corporation limit without a public resort licence issued by the Commissioner in the manner prescribed: or entertain- ment. Provided that nothing contained in this section shall apply to any church, temple, mosque, or other places of worship. (3) On receipt of an application under sub-section (2) the Commissioner may, by order, after holding such enquiry as he deems fit, grant or renew a licence or for reasons to be recorded in writing refuse to grant or renew the licence after giving a I reasonable opportunity of being heard. 110. (1) The Council may for the convenience of the general public provide Maintenancr f and maintain necessary stand and shelter to be used as halting places for veh~clesa nd stand and charge such fee as the Council may dx in accordance with such rules as may be prescribed. shelter for vehicles (2) No person shall establish or maintain a private stand or shelter for whictes and collect fees from the public unless he obtains a licence from the commissioner to do so in accordance with such rules as may be prescribed. Explanation.-For the purpose of this section. the term vehicle " shall include " two wheelers and bicycles also. Collection of 11 1. (1) The Courlcil may levy charges on every motor vehicle entering into fee on motor any pilgirim or tourist resorts ia or~j zxsicipal areas for any specified period or vehicles ente- through out the year, and different rates may be specified for different t~fes cf ring pil$rim motor vehticles having regard to the lccal conditions and the services rendered by the or tour~st municipality during such period. resort. I - 112. (1) The Coi~ncil may construct or p~ovidea nd maintain public wash Provision for houses or places for washing of clothes and may charge such rent for use of such public wash places in accordance with such rules as may by prescribed. houses, pubirc bath rooms, Iatrines and urinafs. (2) The Council shall so far as the funds at its disposal may admit, provide and maintain, in proper and convenient places suflticient number of public bath rooms, latrines and urinals for the use of public and the Commissioner may collect for the use of such places, such fees as may be fixed by the Council in accordance wth the rules prescribed. 84 TAMILNADU GOVERNMENT GAZET_T E EXTRAORDINARY - w -- - _ _ _C - - - I (4) Such privata persons or organisatiob or establishment shall be eqtitled to collect from the users of such places such fee may be determined by the Council. tts (5) The Council may regulate the maintenance c,f the private bathrooms, latrines and urinals for the use of pblia in such manner as may be firesmibed. Slaughter- 113. (1) The Council shall provide sacient number of places to be used as houses. slaughter houses and the C ommissioner may charge and levy such rent and fees for their use in apordance with such rules as may be prescribed. -. - (2) No person shall e~stablisho r maintain or use a private slaughter'house or use any plaq for processing any skin of animals or carcasses without a llcencs gran- ted by the Commissioner in accordance with such rules as' may be prescribed. Revopqtion or 114. The Commissioner may, for reasons to be recorded in writing, revoke or suspension of suspend the licence pranted under this chapter when he has reasons to believe th.a .t - .. licence. (a) the licence bas been fraudulently obtained ; (b) the licence has been used for the purpose other than the purpose for which the licence has been granted; and (c) ,any condition of the license has been contravened. Appeal. 115. (1) Any person aggrieved by the order of the Commissioner in refusing to grant or renew a licence or cancelling or suspending a licence may appeal to the Director within thirty days from the date of receipt of the order appealed against. (2) The appeal shall bz in such form and in such manner and accompany with such fee, as may be prescribed. .. (3) The ~irectorsh all have the power to cause inspection and may either grant or withhold the licence or such other order as he thinks fit. Recovery of 116. Without prejudice lo institution of any proceedings for an offence undet amount due to this Act or for the recovery of rhe entire amount by way of tax, licence, fees, municipality. costs, damages, compensation, charges, expenses, rents (not being rents for lands and buildings devibed by the Council) or l~enslty or other sums which under this Act or aqy rule made :hereunder' are due or any other amount remaining unpaid, such amount shall be a charge on the properties of such person and shall be ~aocovereda, s if, it were an arrear of land revenue. *,. Write-off of . 117. Subject to such restriction and control as may be prescribed, a munici- irrecoverable pality may write-cff of :n y tax, fee or other amouilt whatsoever due to it, whether ' amounts. under a contract or othe:wis, or any sum payable in .connection therewith: if in its opinion such tax, fee, rimoul~to r sum is irrecoverzble: Provided that where the Commissioner or any of his subordinates is responsible for the~collectiono f any tax, fee or other amount due to a municipality the power to,w rite-offc f such tax, fee or amount or any sum payable in connection therewith, on the ground of its being irrecoverable, shall be exercised by the Director or subject to his control by any officer authorised by him. CHAPTER VII. I LAND USE AND STREETS. Vesting of 118. (1) rill public streets withthepavements stones, and other n~atcrjalst hereof, public streets and all works, matel-ials and other things provided for such street, tunnel. and thoir sub-way, fly overs, squares, roads. road margins, pathway, culverts, parks, gardens and appurtenance all other poramboke lands (not being the property of, and kept under the,control of with the State Government or the Central Government) including the soil, sub-soil and municipality. the drains, sewers, culverts. footways, trees, stones and other materials, implements and otber things in such streets and other public places, which are situated within a munici~all imit shall vest in that municipality. . -- - -- -_ - - ---. - TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 8 5 (2) The Government may, by notification, withdraw any such street, sewer, drain, street light, drainage wo~k,~ ,>--.~ay,f ly-over, tunnel, culvert or tree from the control of the municipality. (3) The municipality shall maintain all public streets and other places and trees referred to in s1.b-section (1) and do all things necessary for such purposes including the construction and maintenance of the bridges, causeways, culverts,&ains and sewers and the lighting, watering and scavenging of such streets. (4) Notwithstanding anything contained in sub-section (2), it shall be lawful for the Council to provide any lighting system inany public place through any agency approved by the Director. (5) The Council may, acquire any land required for the purpose of widening, opening, extending or otherwise improvihg any public street or for forming any new public street and for any other purposes connected therewith. (6) When any building or other structure or acy flxture in any form attached to a building causes a projection, encroachment or obstruction over any public street . or other public places vested in the municipality, the Commissioner may in accor- dance with such by-laws made by the Council for this purpose, by a written notice, require the owner or the occupier of the building to remove such encroachment or obstruction. 119. (I) No person shall construct any po~tlon of any buliding within a Restriction street alignment prescribed by by-laws provided however that thc Commissioner on erection of, may in his discretion permit additions to a building to be made within a street align- or addition to, ment, if such additions merely add to the height and rest upon an existing building building within or wall, upon the owner of the building executing an agreement binding himself street align- and his successors-in-interest- mentor bulid ing line. (a) not to claim compensation in the event of the Commissionetat any time thereafter calling upon him or such successors to remove any building erected or added to in pursuance of such permission or any portion thereof; and (b) to pay the expenses of such removal : Provided that the Commissioner shall, in every case, in which he gives permission, report his reasons in writing to the Council. (2) If the Commissioner refuses to grant permission to erect or add to any building on the ground that the proposed site falls wholly or in part withrn a street alignment prescribed by by-laws and if such site or the portion thereof which falls with- in such alignment be not acquired on behalf of the municipality within three years after the date of such refusal, the municipality shall pay compensation to the owner of the site on an application made by him. (3) No person shall erect or add to any building between a street alignment and a building line prescribed by by-laws except with the permission of the Cornmi- ssioner who may when granting permission impose such condition as the Council may lay down for such cases.$ W818hi m 120. (1) If the owner of any land utilises, sells, leases or otherwise disposes Owner's -4o bli- of such land or any portion or portions of the same as sites for the construction of gation to? maka buildings, he shall, save in such case as tht site or sites may abut on an existing street while public or private street, lay out and make a street or streets giving access to the site or converting land sites and co~nectingw ith an existing public or private street : as building sites ~rralNl adu Ad Provided that the making of a street or streets spa11 conform to the plans prepared 35 of 1972. 3y the autfiority under the Tamil Nadu Town and Country Planning Act, 1971. (2) Any person intending to lay cut or make new private street, shall send to the Commissioner a written application with plans and other details showing the following particulars, namley :- (a) the intended le\~el,d irection and width of the street, (b) the street alignment and the building line, and 84 TAMILNADU GOVERNMENT GAZET _ T 9 97CTRAORDINARY - -- ~ * ---------I (4) Such private per:.ons or organisatioh or establishment shall be entitled to collect from the users of sqch places such fee bs may be determined by the Council. (5) The Council ay regulate the maintenance c,f the private bathrooms, latrines and urinals for the use of pblia in such manner as may be brescribed. Slaughter- 113. (1) The Council shall provide sufficient number of places to be used as houses. slaughter houses and the Commissioner may charge and levy such rent and fees for their use in accordance with such rules as may be prescribed. (2) No person shall establish or maintain or use a private slaughter house or use any placq for processing any skin of aeals or carcasses without a licence gran- - I ted by the Commissioner in accordance with such rules as may be prescribed. I Revocation or 114. The Commissioner may, for reasons to be recorded in writing, revoke or suspension of suspend the licence pranted under this chapter when he has reasons to believe that- l i c k . (a) the licence has been fraudulently obtained; (b) the licence has betn used for the purpose otller than the purpose for which the licence has been granted; and (c) .my condition of the licence has been contravened. Appeal. 115. (1) Any person aggrieved by the order of the Commissioner in refusing to grant or renew a licence or cancelling or suspending a licence may appeal to the Director within thirty days from the date of receipt of the order appealed against. (2) The appeal shall be in such form and in such manner and accompany with such fee, as :-lv be prescribed. (3) The Director shall have the power to cause inspection and nlay either grant or withhold the licence or such other order as he thinks ilt. Recovery of 116. Without prejudice to institution of any proceedings for an offence under amount due to this Act or for the recovery of the entire amount by way of tax, liceiice, fees, municipality. costs, damages, compensation, charges, expenses, rents (not being rents for lands and buildings devibed by the Council) or ~~ensltoyr other sums which under this Act or aqy rule made thereunder' are due or any other amount remaining unpaid, such amount shall be a charge on the properties of such person and shall be recovered, as if, it were an arrear of land revenue. .). Writaoff of + 117. Subject t6 such restriction and control as may be prescribed, a munici- irrecoverable pality may write-off of any tax, fee or other amount whatsoever due to it, whether ' amounts. under a contract or otherwisr, or any sum payable in .connection therewith: if in its opinion such tax, fee, amount or sum is irrecoverable: Provided that where the Coln~nissionero r any of his subordinates is responsible for the collection of any tax, fee or other amount due to it municipality the power to'write-off cf such tax, fee or amount or any sum payable in connection therewith, on the ground of its being irrecoverable, shall be exercised by the Director or subject to his contro by any officer authorised by him. CHAPTER VII. LAND USE AND STREETS. Vesting of 118. (1) All public s reets with thepavements stones, and other materials thereof, public streets and all works, tnak rials and other things provided for such street, tunnel, and thoir sub-way, fly overs, squares, roads, road margins, pathway, culverts, parks, gardens and appurtenance ali other poramboke lands (not being the property of, and kept under the,control of with the State Government or the Central Government) including the soil, sub-soil and municipality. the drains, sewers, culverts, footways, trees, stones and other materials, implements and other things in such streets and other public places, which are situated within a municipal limit shall vest in that municipality. . ." - . % - - - TAMn NADU GOVERNMENT GAZETm EXTRAORDINA~Y 87 -- - + --I_---- -.- or the Tamil Nadu Shll Ckal'ance Board cot,$(t tulecl under the Tamil Nadu Slum _C- f and Ciearance,! Acl, 1971 witit plovision for sbeels, play oth~epr ublic amenil ies such streets and places shall be handed ty for main'ance by rhc tzsiJcnts it: arcs s ~ b jto~ th~e tpl .ior t charges by [he residents of hhat housing complex as may be 123. (1) The Commissioner may grant licence for any person or any Power of Com- authority to put up any temporary closure or strllture of temporary nature in any missioner to I street or public place for conducting any function or activity of a public nature or for grant Ucew any other spec~alr easons tcl, be recorded in writing anti subject to such terms and for temporary conditions and on payment of such fees as may be prescribed. closure in public I places and to allow certain prdjection am I erection. (2) The Commissioner may grant a licence, subject to such condition and restr1;tions as may think fit, for the temporary erection of pandals and other 1 erructures in a public street vested in the Council or in any other public place the con- trol of which is vested in the Counc~l, (3) The Commissioner, subject to approval of the Council, may P n t a itcc~ces ubject to such conditions and restrictions as it may think "t. to the owner or occupier of any premises to put up verandas, balconies, sunshades, weather frames and the like, to project over a street, or in strcetc, in which construction of arcades has been sanctioned by the council, to put up an arcade or to construct any stcpof drain-covering necessary for access to the premises. (4) The Council may grant licence for use of the road sides and street ?gins vested in the municipality on such terms and conditions and for such pcriod as may tie prescribed ; Provided that neither a licence under sub-sectio~( I), (2) and (3) .nor a ltatnce under subsection (1) shall be granted if the projection, constru.ctlon or occupation is likely to be injurious to the health or cause public inconvenience Of otherwise materially interfere with the use of the road 9s such. (5) On the expiry of any perid for which a licence has been granted under this section, the Commissioner may, without notice, cauge any projection I or construction put up under subsections (I), (2) and (3) to be removed, and the Cost of so doing shall be recoverable in the manner prescribed. 124. The municipality shall maintain in a clean and proper condition all parks, Maintenance 0f pbrks, play play-fields and oE e n spaces belonging to or, vested in it or the Governmcnt, in such manner as may e prescribed. fields and open spaces. ObJigntion of 125. (1) In the case of parks and play-fklds not vested in the municipality or the Government, the Commissioner may, by notice require the owner or person ownet of - p arkr, or authority in occupation of such park or play field to mairltain such park or play-fleld8, eta, prescribed. play-Aeld it1 a clean and proper condition, in such manner as may be (2) ff the owner or person ol huthority in occupation fails to comply with the notise under sub-section (l),thc Co~nmissionesrh all himself arrange to main- taiil su:h park or play -*Id in a clean and proper condition and the cost of such maintenance, shall be l-ecoverable from the owner or person or authon'ty in occupauon in such m:Inner as may be prescribed. instead C~aunAl ct (3), The Council nlay,. with the prior approval of the Oavmment, itof 18 94. of, or in addition to, taklqg action as indicated in sub-soctioa (2), pr~ceed acquire any land under the Lana Acquisition ~ c t 1,8 94 for the purpose of efbtive management of such land aa a park or p)ay..field. 88 TAMIL NADU GOVERNMENI' GAZETTE EXTRAORDINARY -. - - - - ---- --- -- _ _ -- - - (4) Any owner or pcrson or authority in occupation of a play-field desiring e to convert the play-field, to any use other than as a play-field, may ive notice to the person or authority wbo ol- which uses such play-fielcf, or to t e Council within whose i'u risdiction the play-field is situated, to purohasa his or its rights in the play-fie d. If such person o authority or Council does not agree to pur- chase his or ~ trsig hts, he or it may ,w ith the prior approval of the Government, i n such manner as may be prescribed, put it to such use as he or it desires. publication oflist 126. Tlle Council shall, once in five years, publish a list of all the parks, of parks, play- play-fields and open spaces situated within the municipal area, in such manner as fields and opea may be prescribed, spaces.. .- , Fbting and , 127. (1) The Co I I cil shall, at the coft of the municipal fund cause trees to be preservation of planted at all conventn,nt places on the s~deso f all streets and ~li~nicipal avenucltrees. roafs and make ade I ate arrangements to preserve such trees. (2) The Cou il may grant licence every year for tbe collection ot usufructs of roadside trees l~iaintained by the municipality in such manner as may be prescr~bed 3 . Power to 128.' (1) The Commis:~ionerm ay,- - remove encroachment (a) remove without any notice any movable temporary structure, T~omp ublic enclosure, stall, booth, any article whatsoever hawked exposed or displayed for place, sale or any other thing whatsoever by way of encroaching street or public place sr the land belonging to the departments of the Central or State Government8 - -. within the municipal limit (b) remove any immovable structure whether permanent or of temporary nature ' encroachiog the .s treet or piblic-plaqe or the land belonging to the depart- ments of the Central or State ~overnmbntwi ithin thi' municipal limit, ' after issuing a show cause ootice For such removal, returnable within a period of seven days from the date of receipt, thereof : ,. - . . Provided-thatt he Commissioner shall consider any representation received within the time limit, before passing final orders. .. 1 - I . .,.. . . . (2) .whoever makes any encroacnment In any land ' or space (not being 9 .I:* .-.. *:.. . private property) in any public street or any land belonging to the departments - of the Central or State Governments within the municipal limit, shall on . , 3 i, :,, ; .c~nvictionb e punished with itnprisonment which shall not be less than one . . . . - p year but which may extend to three years and with fine which may extend to .! >: .. .: twenty thousand rupees : Provided that the court may for any aaequate or spixial reasons 'to be <:dentioned in the judge~cnt impose a sentence of imprisonment for a term of Irss than. one year. . . . - Naming and. 129. (1) The Council shall with the approval of Government give names. or of* numbers to new public streets, any new colony of houses. park, playground, - teets and bus stan<l,-a;cho r other, nc:w rnqnicipal property and may alter the name or : bu~ldiagr .number ?S any publ~c'street,p ark. plabground, bus s!anil, arch ar rnunicinal - , - vrQwrry, sukect t6 such rules as may be drescnbed. ' i ' *.- - . I - - - I -- TsMlL NADU GOVERNM-E NT GAZETTE EXTRAORDINARY @?I / - - - (2) Tne name and aumbsr ut streets shall be paiated , i ~Ta rn41 a d english and conspicuously displayed in such street. (3) No person shall without lawful authority, destroy, pull down or dtlace any such name or number or put up any name or number different frorn that put up by the municipality, (4) The Comml~siontv qhall crr.use to assign numbers to all the buildinss situated within the municipality. Such numbers shall be displayed at the outer door of any building or in any conspicuous place at the entrance of such building. (4) If any new building is csnstructed where o number has already beefa assigned, the Commissioner shall renumber such new buildi~gsi n suoh aaasner as may be prescribel!. (6) The numbers assigned to the buildings in a municipality sllurl be reviewed and new numbers shall be assigned wherever necessary before tire commencement of the preliminary work for a census operation. (7) When a number has been affixed under subsection (4), the owner of the building shall be hound to mlinttain such number and if rgmoved or defaced and if the owner fails to replace it the Commissioner may by notice require him to replace it. f 130. (1) Subject to the approval of the Council, tbe Commissioner may reserve Collection of any portion of a public street or public place, and declare it as a parking area and fesa on eoUcct parking fees from the .owners of the vehicles at ~uchra te for such period parking and in such rnall~ler as may be prescribed. vehi~1a. (2.) Thc Commisgioner may grant licence to at.)' privirto parson or oryrt~i- ir<tion CJr eetahlicfhmtnt for coJ1%ting parking f&b ir wwj~ almnrtr au 11 U)I tpre~ciib ed I Tamil Nadu 13 J (1) Subject to the jwovidona 0l tbc Tamil Nadu open Placem (Proven tion Power of AU 2 if 1959. of Mgurement)Act, 1959 and sactiom 92 and 93 of this Act or any other law Comd to - wS for the time being in force, the Commissioner may, with the sanction of the Council, up set up for the exhibition of advertisements, hoarding, erection or other things in in road Wblep laces awned by 9r -vestedi n tbe aunicipdity or GovaamenO and imay and permit any peaon to 4se any such hoarding, erection or thing en payment of levy b8. such Pet as may be prescribed : Provided tbat wherttbe hoarding, erectioaor othcr thing are set up in the places owaed by or vested inthe Government, the nuoicipality shall remit tbe fcc coU- for such hoarding, erection or other thing, to the Government, after retaining a portion of such fee, as may be prelcrib~. Explanation I.-For the purposes of this section and t:ection 92, the person who has been permitted to use any hoarding, erection or thing under this section sball be deemed to be the owner or the person in occup;ltion of such hoarding, erection or thing. Explanation 11.-For the removal of doubts, it is hereby declared that any fees payable by any person who bds been permitted to use any hoarding, erection or tbing under this section shal, be in addition to the advertisement tax payable by him under section 92 on advertisexnents exhibited by him on such hoarding, erection or U ing. - (2) No hoarding shall be erected in a municpal limit by an) peroon without obtaining a licence from the Commissioner. (3) (ci) Every ~p~licatiofonr licence under this secti~ns h~lble made to the Com- missioner in such form, ccntai~linsv~c h particulars and wirh Such fee, cs mry be pres- crib ed. I (b) The Commissioner may,' after local inspect;on. grant a licence with such conditions or directions, subject to such rcles as may be prescribed. (c) 'Ih e'~ommissionerm ay refuse to grant licence for reasons to be recorded in writing : Provided that a licence shall not be refused unless the applicanl has been given an oportunity of making his representation. (d) Every licence granted mder clause (b) shall be wlid f'r such &iod as may be prescribed and may be renewed from time to tine. 1 (4) (i.., 'Nitbout prejudice to any other penalty to which the licensee may be liable the Commissioner may, at any time, by orcie~i n writing, cpncel or suspend any licence grirnted or renewed If,- (i) such licence hzs been obtained b-#f reud, misre~resentationo r sllppression of material particulars, or .. < 4 . . . , .. . ,. (ti) the liensee has contravened any of the provisiuns of this section or-thc . . . 1'. , mles made there~rndero i any of the conditicn, subject to whkh the licerlce wL granted. ." (b) Before cancelling or svspending a licence under this ~ectk'cr;:,t he , Comrnissioner shall give the licensee, an opportunity of making his representation. ..-. . TAM - I - L -- --N ADU GOVERNMENT GAZETTE EXTRAORDINARY . ---- -- -- --- -- -- - - -____ -----a ---I- (6)( a) Where any l~oardingis 1 etained after the expiry o t the licence or erected contrary to the conditions of licence, the Commissioner mat' by notice in writing, require the licensee to remove srch hoarding within suchtime as may be prescribed. (b) Where the hoarding 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 rzvenue. ,5 (7) Nothing contai~ledi n this section shall apply to my hoarding on whioh is exhibited any advertisement which relates to,- ,: (i) the trade or bussiness carried on with~nth e lcnd or building upon or over which such hoarding is erected or to any Sale or letting of svch land or building or any effects therein or to any sde, entertainment or rncetiw to be held upon or in such land or building; or (ii) the name of the land or building upen or over which the hoarding is erected or to the name of the owner or occupier of such land or building: Provided that the exemption under this section shall be subject to such sLLa nd nature of the ho~rding,a s may be prescribed. t' (8) (a) Any person aggrieved by the order of the Commissioner in refusing to grant or renew a licence or cancelling or suspending a licence under this section may appeal to the Director within thirty days from the date of receipt of the order appealed against. (b) The appeal shall be in si~chfo rm and in srch manner and accompany with s~*chfe e, as may be prescribed. (c) On receipt of such appeal, the Director may after making such inquiry aa may be necessary and a reasonable opportunity to the appeliant to be I head, pass such order as he thinks Gt. I - (9) Whoever contravenes any or the provisions of this section or any rule or order made thereunder or o bstmcts lawful exercise of any power conferred by or under this section shall be punished wlth lmpr~sonment fol a term which may extend to three years or with fine which may extend to ten thousand rupees or with, both. Explanation.- For the purpose of su b-sections (2) LO ( 9), ho~&ngm enns any screen of boards at any place whether public or vxivate used or intended to be used for exltibitiag advertisem:nt including the framework or other-sappott. erected, wholly or in part upon or over any land, bullding :and ,wall or ;structure. visible t~ public wholly or partly, , ? 6.f ( A Group) VI-1 Ex. (39%)--9A , 5: ., $ . a Sf, .*<: I j CHAPTER VIII. BUILDING REGULATIONS. PART'. BUILDING REGULATIONS IN AREAS OTHER THAN HILL STATIONS. Application of 132. This Part shall apply to all municipalities situated in the State other than this prut. these areas notifled under part I1 of this chapter. ~ c tto n 133. (1) Any building' constructed within the municipal area a mor sbIl be in accordance with the building rules framed by the r e c o m Government for this purpose. While framing such building rules, the Govern- haw meat shall have due regard to the land use, the density of population, development schemes to be carriec out in such areas, environmental situation d such other factors as the Goverun~er.t may consider relevant. (2) If a,iy person intends to construct or reconstruct a buildir,~,h e shall sad to the Comrnissiorier- (a) an apnlication In writing for approval of the site together with a &e-phi1 of the laqa, and . . (b) an application in writing for permission to execute the work, to- gether with a ground plan, elevatiolis and sections of the building and a specifi. octtion of the work. : (3) Every document furnished under sub-section (2) shall contain such particulars and be prepared in such manner as may be prescribed. ' (4) The Commissioner shall not grant permission to coristruct or recons- trucl a building unless and until he has appro7reit the site on an application made und er sub-sections (2) and (3) and in accordance with the previsions eontained in the Tamil Nadu Town and Country l'lanning Act, 1971. (5) The construction or reconstruction of a buil5ing shzll not begun unlex and until the Commissioner has granted permission for the execution of the work. (6) On receipt of an application the Co~nmissioners l~alla .lter verifying tbe earrectness of the particulars furnishe~ti l, La, ~p -!icatior a!:(' satisfy;:q; him- self that the pronosea builainp construction is in acccdancc with tl-e pro^ isions ef ahis Act and the rules ma& thereunder, grant the yerniission within thirty darlys from the date of rcceip: of the application. (7) Where the Commissioner is of the opinion that the application recei-~ea is hmmplete or does not contain necessary particulars required ui :der the nr Ies, lee may return the apl?lication for furnishing the requireu particul~roa s required fr. the netice oF return b:l the Commissioner. (8) Where no ermissioo has been granted and where the application b.c .ot been returned fcr rectifyins the defects for furnishing any other particulars, rhc applicant may qe a copy of the building ap~licationto gether with the detailr to the Council w~thlno ne month from the date of expiry of the time limit for grad of permission referred to in sub-section (6). I (9) Applications ao received by the Council shall be taken into consideration a4 the regular meeting of the Council and the Council shall ceuse the Commissioner 1, urn appropriate orders on merits within the time limit specified by the Council, (10) Any person objecting to an order passed by the Commissioner undm a h t i o n (9) may, within a period of forty-five days from the date of rewpt of order prefer an appeal to the Government in such form and 8baU be am& ~ b ~ I I K J L f m w m y b e ~ b o d : TAMIL NADU GOVERNMEN? GAZETTE EXTRIZORDTNARY 93 - -.,; --. - -.- - --- -- -- - -- -- - -- - - - - --. .-I----- --- . - Provided that the Government may, if it is satisfied that the petiti~ltzr had sd%cient cause for not preferring the awed petition within such period admit the appeal petition preferred after expiration of the said period. (1 1) The Government may after considering the grounds of appeal either confirm or set aside, cancel or in anyway modify the order of the commissioner : I Provided that no order prejudicial to the appellant shall be passed without giving him an oppurtunity of being heard. 134. Whcrc the construction, reconstruction or modification of any btiilding Dzna!ty for ia commenctd or completed in contravention of the provisions of this Act or the inauthorisad rules made theteunler, the owner shali b:: iiabis, by way of p:naliy, t~ pay a sum :,lnstructlon. ~hichs hall not exceed ten thousand rupees and in th , c::se of a coiiiinuing con- travention, such further sum which shall not exceed fifiy rupees per square feet every day during which tllc contravention con ti nu:^. 135. (1) Where the co~;tr~lctionr,e construction or 1nn(!iAc2tion of any Powem of Gjm- buEk11n~is cornr;~ecnedo r c,oi~~pletewd ithout any pern~is$i.~dnu ly granted by the missioner to ro- Commissioneror by anyappellato ~ :,r" . .i authority or wllere suchconstruction, aut horised rnconstruction or modifications has bee - n ;' made otherwise ~hantn accordance with pularise a& the provisions of this Act and the rules made thereunder, or in violation of the cou~truction. conditions of any perrnlsslon, the Commissioner [nay issue a notice to the owner or occupier or any persop who is lncharge of the construct~ond lrectlng 111m to regulate the constructinrl of such building in accordance with the rules and condi- tions imposed in the ndticc within a period of fiftseil days Frdm the date of receipt of such notice. (2) On the issue of such notice, the owner or the occupier or the person ~ncb~irgeo f thc ronstruction shall *top the construction forthwith and apply to the Commissioner for regularisation of the construction in accordance with the rules and conditions specified in the notice issued un.rf:r scb-section (I) within the time stipulated in the notice. (3) Where any such application is so made, the Commissioiter rnay after scruti~y of such application in the prescribed form received togethe1 " , ., withany plan, and after satistyinghimself that thec~~nstr~ctiwoonr k IS ill szc',iJ. ..nz; wit]; the rb.lcs, be may grant the pcrmissioll after ccllccting necess21:. fee and the penalty prescribed. (4) Where the Commissioner on scrbtiny of si.ch application is of the opinion thz' !he eonsfr. clion work: which is in progress or the construction which has been c \mploted or thc cowtrt.ctian wurk as proposed in the pla.n, is in devi~.tic?no t the prevision of this Act, 01 the rules framed therenndcr, he rnzy issue ancther nctlck tn the psons ooncerncd to cause necessarv mcdific~ticnb y wzy of rrrncving.anv existing structure or by making necessary alterations within the period specrfied fhrrcjn: provided that thccommissioner may on receipt cf an applicalicn after inspecfion c:

the work may grant an extension of time not exceed i ni: the period prescribed if he satisfies that the applicant had sumcient c~.usefo r not c arryine out the orders of the Cbmmissioner within the said period, (5) Where tee orders of the Cnmmissioner has been .complied within the miod or the extended perird , the Cnmmissio tin; may after satisfy.; ng himself, collect the qwessary fee together with penalty prexnbed and grant necessary building permisSion. (6) Tf in any case where no action has been taken in pursuance of any notice iirrucd by the Commissioner under sub-secticn (4) f ~ rrn mcv~fc r ~ltarrficn or modldcarion ro any unaufhoriset constrr:ctjon within the time limit referred to in tke said 61 b-scction, the Commissioner may remove or c'emolitb. u?authorised comtru.t!on. Tke cost of expenditure incurtad by the mumc~pal~tyto wardr st ch removal or demolition shall be recovered from the person eooarned nr arrcun 01 had ramnue. -1 -. YC iAhiAL l\riub uu v L-L\AI~VLL~-\ 1 LI'ILL- AL A. . ., -- -- Power to ord;., 136. (I) M'hcre ~t a?:l:ars 1:; tho C'cmmlsuo!rcr at any time 1 hat any buiiding is removal ot In a ruinous condition or 1s in any way dang-r~-!o~r .u nfit for human habitaiion or dangerous over crowolng in i~ bulidrng, tne iumr~itisicnerm ay oy an order writting require the buildings, trees owner or ttr:. or:cupicr of \uch r?,!licrlrIg t9 val:,rtc, d-vdkh, remove such hl,i-!(jing ctc, w!.thin Ill(; lirr~cli mit ',pccilic~iln the said ordcr. (2) 'N~ICI:a pp%if , tp,f .b,f :,,::~rn~ , f ;,,, , r r ~:L: ~:4 r1y tirrjc th;it any tj .1,. ; I, a rujr)rJu3 ~,J.~JL:~,;I~,/ J.,, rj An] m y r h,, L.;,,~:, 5 ::,:, -:,:, ;. &:A;a ;-* of' a ;~~:i;:.;ail . i ty, he rnay hj or&r in xritiny re:~-~;,/r; th:: tre forth~+i:h. (3) Where the owllzr or occupier of the bulldlng does not comply wlta the order issued under this section, the Commissioner shall take such step in relation to the building or tree as may bR necessary to prevz~lt any occur:ei?ce or danger therefrom. - (4) All expenses incurred by the Commissioner, in relation to any building or tree under this section shall be recoverable from the owner or the occupier thereof, as the case may be, as arreari of land zevcnue. Gearing of 137. If any obstruction is caused in any street by the fall of trees, structures debris of or fsnces, the owner or occupier of the premises concerned shall within twelve fdlen house$, hours of the occurrence of such fall, or within such further period as the Commissioner may by notice allow, clear the street of such obstruction. by. etc.9 ~ p i c r s . PART-11. BUILDING REGULATION IN HILL STATIONS. ~pplicationo f [38. This part shall apply only to hill areas notified by the Government from this part. time to time. ~~hrktioofn 139. (1) I\,, yson other than the Central or State Government or local consauction or r dhor: ,s hallill- reco&Cti~n of buildings,ete without licence. (a) construct or reconstruct a building on any land; or (b) put to use any agricultural land to any non-agricultural purpose ; or (c) carry out any engineering , nining or other allied operations on any land. within the area of the hill station without a licence granted by the Govermlent and except in accordance wiih the terms and co~di~ionspse cified in such licence. Explanation.-For the purpose of the provisions of this part, "agriculture" includes, horticulture, fruit growing, seed growing plantation, animal husban&y (including livestock), pisciculture, sericulture and agicult~i'il shall be construed accordingly, (2) (a) When any department of the Central Government or State Government or any local authortity proposes to carry out any construction or reconstruction of building on any land or put to use any agncu'curai land to non-agricultura 1 purpose or cany out any engineering, mining or other allied operations on any land within the axes of the hill station, the oiT~c~r.:r:hrgei hereof shall inform, in writing, the Committee tor Architecttual ana Aestneric Aspects constituted under section 140 (hereinafter in this part referred to a; 2: C;;;:~aiiiee) the intention to do so, giving full particulars thereon and accompanied by such plans and documents at least three months before commenc ng such activities. (b) W4ere the Co~nmltteera ises any,o hjectinn t n the pronnged cogstructlon, 'reconstrucuon or putting lo vse an); a@cyitnrai iaad to "non-&yidtud Rypae ' the carrying out any eUgineerlng1, minin g or other allied o-perations og me ground .I > . . , ,,'..,,;-< ---------- - - ... I. TAMIL NADU GOVERNMENT GAZETTE EXTRA-O RDTNARY ---- -.- - -. -.- --------... - 4 tnat such proposalls not inconformity with the provisions af this p~rotr of the rules made thereunder or for any other material consideration, the officers of Central Government or the State Government or any Iacal auth0rity.a~.t he case may be, (i) either make necessary modifications in the proposed construction or reconstruction of building or putting to use any agriz.~ltr;ral!a nd to non-agricltuml purposes or the carrying out of any engineering, m~ningo r other allied operations to meet the objection raised by the Committee; or (ii! submit such proposal together with the objectiorls raised by the Committee: to the Government for approval. ' (c) The Government on receipt of such proposal together with the objection of the Committee. shall in consulta~isnw ith the Committee, either approve the proposal with or without modification or direct tne officer to nlalce such modification in the proposal as they consider necessary in the circu,:.stances and the officer concerned shall be bound to make such modif;cations as propcsed by the Government. 140. (1) Every application for a licence under scctioil 139 shall be in such form, Application for contaiiliirg such particulars and be accompanied by such plans and fee as rnay be pres- licence. cribed and shall be submitted to th, Commissiuil~r. (2) On reccipt of an application, the Comnliy-ioner shall, within such time as may be prescr,bed, examine the application with r. cLrcnczt o such buildlag rules as may be prescribed for the purpose of this part and forward the same to tar Comrmttee. (3) (a) For the purpose of this part, the Government may constitute a Committee callcd the Committee for Architectural and Aesthetic ASPL'Lfo;; all the hill stations in P District with such number of officials and ncn-officials and having such qualifi- cations as may be prescribed. (b) The term of office of the non-official members of the Committee and . other matters relating to the conduct of the mccting of tlic said Committee including the allowances payable to the non-official members shall be such as may be prescribed. (4) The Committee shall examine every application re- ived from the Commissioner in all aspects with particular reference to the matters presc1,Led for grant of licence under this part and forward the same to the Government with its remarks. 141. On receipt of an application from the Committee wit4 its remarks, the Grant of Government if satisfied that the grant of a licence will not rcsult in the deterioration licence. of scenic beauty or destruction of the environment and ecosystem of the hill station, may, grant a licence subject to such terms and conditions as,t hey may think flt to impost:, or refuse to grant a licence: Provided that a licence shall not bc rcfused unlcss the applicint has been given . an opportunity of making his representation. <I - 142. (1) Notwithstanding anything cqntained in sections 139. lLO, 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~ldlngo n any 9mmiqioner land within the area of the hill station hav~ngp l~ntha rea,- - 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 -96 TAMIL NADb GCiOVbKNMkh 1 ~ A L L L~ c LAALL--V~\- _ I- 111 (c) in the case of imprcvenent or enlargement of an existing rest 3cuti a1 building, th- e constructicn of which does n t exceed two hundred and Gfty square inetres, th remaining area f ~sruc h improvement or enlargement of such building includi~f i rS aoor. In the aggregate, examine such application with refer epy to bailding I ule~ pscribed for the purpose of this part and lf he is satisfied that the grattt of licence will not result in the deterioration of. scenic beauty or P destruction of the environment and ecosystem of the hlll Std$tlonsh e may grant a lio~~cclpth ject 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 bt an order of the Commissioner under 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 ,fan 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 anyt ime, cancel or sus- or suspend pend any licence granted under section 14 1 or sectio~1 42 as the case may be, if- licen&. (a) such licence has been obtained by frclud, misrepresentation or suppression of material particulars ;o r (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>lonears 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 52 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. poua 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 ~nstructiono r 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?i lding, engineering, mining or other allied operations; 11 in the opinion of the Governmezt r,r the Commi%icner as ?he Z??zz 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~.\-~-~;.o.bf .m~ y of the provisicln: df (&is Act and in particular, the provtsion of this pul: !he rsIes made thereunaer or aay of the rrruls atlo cuudirtsns subject L: to wfLch i~ ~ ~ L L ~ is C g C ra nted undel iiii* pal*. TALVIL NADU GOVERNMENT GAZETTE EXTR.%ORDINARY 97 -- - -- --------- -- - - - --- - - )-- (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~tyo f 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~tionm ade after the i 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~cohr der. (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' ~.~sbrnebdy hlm in consequcm of- ~umpe,~~dt + j sn (b) any mms aad conditkn~a nbjtd 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. !5 0. (1) The 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 otw wntnrd la sz, -- 98 TAMIL NADU GOVERNMENT GAZETTE E & _ _ -_ _ -__ _ __ _ __ _-_-- ----- - -- ---.--- - --- --- -- (2) &~vI: as o~~L\ihcL P\C+o v I~c'J 111 bub-bcc~10 11 (I), ~ 1I1)I.~OVL l\lOil0 1 11115 Clicpt~ 1 shall be in additlon to, and not ~nd erogdtion ol, any ollicr provis!onx ol t111s~ c t . Delegation ot 151. (1) Tl~c ( ; O \ ~ ~ l l ~ r n;1~.l~).~ bi j ,,oi,lrcai .t i. :t ~ i l,~.c uI ~ C1,llcclc~t o cxctcist: Powers of any of the powers vested In thrm under ally ot llie pro\ Istun:, 01 1l11sp art 111 respect Government. 01 8 hill btatlon. (2) The exercise of any power delegated under sub-xction (1) sl~~bel ls ubject to such restrictions and conditions as nay b~ sy.~.%.J !-I* he notification and subject also to control and revision by the Government. Exempt rolls. 152. (1) The Go~ernmem~~ayt 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 lo 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. ~~~licatid.1 153. The Provisiolls ($1 this cllapter shall not apply to any n~unlc lpallty fcr 18a;il h8 of this chapter. wh:ch the Chenna~M eirop011;un Ma:er Sbppiy ai~dS eut~rigrA ct, 14it. will Fake Act 2%0 1 appi ic"t'] on. *b Vesttng of 154. (1) A11 public ~cser~,oiris;,,n b, cisterns, springs, fountains. weils, pumps, water works in pipes, taps, condu~ts, aqt ed~ctsan d other water wrks (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 br~d~ebsu,i ldings, engines, work materials and other things connected ther' 1%1 1h and all larlds (nct being private proFerty or property vested in Gownencr:t adjacent and appertain~ng1 0 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~orkso r execute any of, whether with~no r outside the municipal limit new waterLsuppl, I-chemef or 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 ~ufficienst ystem 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 do r ivate they beloiig and all private latrines and cess-pools within the mur;ici~alitys hall 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~unicipalityo n 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. ri ___ ---- -- - - ---- _ 4'2 (3) No owner or occupier oi any buildiilg shall allow or cause to be allowed ~inyd rarnage water from any dram, latrine or 'from ally other portion of the building under h ~osc cupation to any public street, or place where thre is a public drainage system maintained by the municipality : Provided that wherein a mvnicipality ,t here 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~ngin Entrustnlent of force, the Government may by order, entrust to a municipdity, for the execution water supply of any specific scl~emef or 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\%:ersf, unctions 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~ncilm ay 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~oonr 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 watx supplicd and such fees may be collected LIP to the period of flxing such r,~etersi 11 that municipality. . 1 78. The C~mmissiollerm ay subject to availnbiiily, supply watcr to any Suppy of comn~erciali, nd~strial~ootrh er 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 in re~ardt o 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'lt person concerned. [I Sr~ua)1 1'--3 EX, (398)- lC.4 -1-0-0 TAMIL N,:nU GOVERNMENT GAZETTE EXTRAORDINARY - - - - -- -- - - - -- - _ - -- - - -- _- . . -._ -...-- Prohibition rjf 161. !.1)91ho person shall allow or pass or throw away or discharge any rnate- allowiog or rial or any refuse, sutstance or trnde eflioer~to r wastage or solid waste into any throwing any water source, or aiiindge maintained by the municipality, which would cause or material in likely to cause pollution, hcalth hazards or nuisance or in any way prejudice to the water sources environment or obstruct the free flow of water or the drainage system. or drainage. (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~umin convenience 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.. F 4 kb (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 offt he 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. -- ..m*"l----1PIA* - - - - - - - - - - -. - -- -- . MIL NADU GOVERNMENT E EXTRAORDINARY 101 _ __ __ - . _ _.--- - I--r 165. The Council may on the report of the Director of Public Health or ariy R~yn~atioonr other Department of the Governmet:t, the Health Omcer c.r the Local ~cdlcal pt~jhibitiono f Officert hat 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 inferc tious disease in any area Power to arcier comprised in a rnunicipalitv. the Commissioner, may b notice require the owner or closure of infect- 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,t he spmd of any infectious disease, he may ~rohibittuse'o f* public. noti.a.prohiblit the use of such water for drinking and domestic wa~li,kelytlb v 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~leo f 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~nlrh, J 7 , I t , i t I 4 I I wtrnr*n ~*4 \tof~~/h/p child vl4,Ifwr t/'1 ,~IW ;Y WII fu,,,i\y ,,va W N &~I ,/V,~&U I , ~) A~,I ~IIYII1~1 IY J I /I\ ~pd,~ I N J / ~ W ~1P:.'4 ~4 11~)~/ 1 d 1,111/1.f1d /I/ '(/r IIII'/E..//~//,A~~11~, 1\11 ti it/, 1 /fin//(/,k (ihp18/ /k it,& //I '14i #{I{ I IIIC~~II/.!IIIIIC 1~114 4 by 1\14 (j~~/I~,MlIr~ II~t 111/t1 //IIIC1~1, \II/II, attml /~NIYI 111tt 111, 17'!. (1) Itvery OWIICI or ~CINOII 1111vIrqf l1id C~OIIII(II IIIIV ~IJI~II~NV[~? I~IIIInIIt~~,J hur~ulo r burning rrou~l!l or CJ,~:I)~II~OIo~nII the (I~~01'I c~: IIIIIII~I~~~II~I(I~I IfI~' I I , I ~ ~ y,n,l,lllt~l ~ J ~ ~ ~ shall if buch place han rrot alrwly becrr rcgiutcrcd, ;tpply Irl t l ( ~ orr rtc iJ Ir, IINVC~ / ~ cwhrr, l crrtn,n(otj4, pke rceintcrcd withill rub tirr E and in such mannr.1 N I,I~,Y I ,(: p, ar;ojj,ctl (2) No new place for the disposal of the dead whether public or privatc: shall be opened, Fonnzd, co~~structeodr used unless a licerlce has been obtairtcd from the C~mmissi:>neor n 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~~unicipnlistyh all 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~nmissionero r 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 ~astesa nd remove the solid wastes by providing solid waste receptacle in proper and convenient rainage w'ater. ,places and dispose of su~nso lid 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) ,I1 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~licipala rea for the purpose of final disposal of the solid wastes: Provided that the rn~nici?alit}s~h all 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 ~enardl o the following factors, namely:- [u) sourccs gcllerati;~qg arbage, healt!l an3 environmental aspects; (0) the facility fcr ~reoaratiooo f compost manure and disposal ot the sawe, by ,!e; 1 Z 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 mi nicipal 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~h ome, 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~~stitutioinn Kemoval or any street, or iu any other receptacle other than that pro~idef or 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~~cwei th such procedure as may he prescribed. (2) The C-o rrimissioner 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~arketo r 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, ru rcmove the rubbish, filth, trade refuse, special wastes, hazardous vastes or excrc- mcntitious or polluted matters which are accun?u!ated in krpe quantities in such places nt such time and in 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 fo~th e 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 ~rchicleso r vesssls or means fur rcrnoval) as the Council nlav deletmine troo trxne tn time. 101 TAMIL NADU GOVERNMENT GAZETTEbEXTRAORDINARY - -- - - - - - - -- 7 - C _ I - Legal action 178. (1) If in the opinion of the commissioner, a large tpantity of solid against waste is dumped by any industrial unit, trade or business organisstion in any persons or public street or place or where the owner of a building during the construct~on industrial of such building or otherwise dump such large quantity of debris, the person units for non- incharge of su~l.in dustrial unit or trade or business organisation or the owner removai UI' of th 'xilding, as the case may be, shall remove the solid waste or dobris from solid wastes such public place within such time and in such manner as may be not~fiedb y 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. (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 ,w ilful 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 ~pplicabiliyt o t Health Act, 1939, for the purpose of enforcing the provisions of this Act relating P.ct UI of 1939. Tamil Nadu to Public Health and other matters connected therewith, the Commissioner or m ~ c t o f 1939. any OfEcer authorised by him in tks 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. Penalties. 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. Liability of 181. (1) The Chairperson, Deputy Chairperson, Councillor, Commissioner Chairperson. or any officer or employee of the municipality shall be liable for the loss, waste Deputy or misapplication of any money or other property owned by or vested in the Chairperson, municipality, if such loss, waste or misapplication is a direct conse3 u ence of his councillor, neglect or misconduct and a suit for compensation may be institute against sucb Commissioner, 'Chairperson, Deputy Chairperson, Councillor, Commissioner, officer or employee officer and of the municipality by the Council with the previous sanction of the Government employee for or by the Oovernment. any loss, waste or misapplication. seer (2) Every such suit shall be commenced within three years 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 sph 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. *-a**---------------- - -- - -- - -- - - --- !MIL NADII GOYERNMENT GAZETTE EX1 KAORDINAKY 103 183. (1 1 Wherc ths Ch?irp~r9>19, :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.bi y hi111 while acting or purporti ig to act Chairperson, t in the discharge of his oficial duty, no magistrate shall take cognrzance, of Deputy 8 such oRsnce except with the previous sanction,- Chairperson, I councillor, Commissioner (i) in the case of Chxirperson, D3puty Chairperson, Councillor and or any officer Cornmissloner, tha Gsvernment ; and or employee of mi 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, wfal provisions of this Act or the rules or the byelaws or the regulations made thereunder Councillor, A:t shall bs daem~dto 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~latiotlo r 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 ~thorisedi 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~rpersocD, eputy Chairperson, councillor, Commissioner or officer action taken or any einployee ot the municipality for anything which is in 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~lcew as 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 : . ' ,$ Provided that nc t'lin: contained in this sub-section shall r.cndcr ally sucll pcrson liable f ( 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]al - r rust, . ararm, a .society or other association of ~ndiv~dualasn,d (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 affairsm o tthe society, trust or other 1i sociation, ;la theoaso may be. unctions not to 189, Notujthstanding snything contained in the Code of Civil Procedure, 15C8, Ccnlral Act V N g ~ ( o idll or in any other law for the hn.e being in forcc, no court shzll grsnt my pe mnretn of 1588. =lection or or temporary ~njunctiono r rr,~kan~y interim order restrs.1nii g an> p,cceaing asssment which is being or about to be taken under this Act for the- proceedings. (a)p reparation 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, ~ntoal ly building or land with or without assistance of workmen, in crdcr to zzke survey or any inquiry, inspect~ont,e st, examinalion, survey, measurement 01. valuation, or executmork. tor the purpose of la\vfully placing or remoying ~xeters, instr~n;ents,p ips cr apparatus or to execute any other ~ o r~kh lch1s 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~scto r 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-fourh ours previous I nolice of the intent~oiit o in ~kesu ch 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 ford amage to regulation made under it and by reason of such act.or omission, damage has been munic'il causea to any property owned or vested in the munic~paliryt, he said person shall pay I 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 tc 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!nern ~ltiit er 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<watero r watercourse (not being private property) or in anyway ohstm~ the same. Erohibit~o;~ 193. &o;pcrson shail obs!~u ct or in Iany'way disrupt the Ccuncil, ths Ch~irperso~, agiiinst obsfri.~- Dc~uyl Clv~rpcrsonc,o uncillrr, Commissioner, employee of the COLn cil or cfftersop tion of murlici- any wrs(\n~ ih ~l h na~ conn tr~.cl11 3 s bccn entered illto on behalf cf the mnnjcipaJititp p:~la t~hr oritil's. in tho pcrfcrmancc of his duty or of anything which he is cmpoweed or to ofilccrs 0 1 do by virtuo of or in consequence of this Act or of any r~le, byolaw or regulation 0s employee of order mdet hereunder. municipality and co ntractosr. - ----_ ------I-- 194. (1) Whon aqy notice or other dic. mcnt Is rcq ..Ired by this Act,or by M ~ Mof r~leb,y - la^, rag, lntion or order mrtia t he1 c~.nclr{ 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~chpc rson F or (b) if 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~psa rt cf s ~ c hpl ace 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 in tllc docu~nc~a~r,dt, i n the case ob joiilt ownersand occupiers it shall be suflicient to servc it cjn,ol scnd it to,oneof swb owners or occupiers. (3) Wllenevor in any bill, notice, form or othcr document served or 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 uctjnt -o r, powers in regard to the issue of summons for the attendance of witnesses and the a do t production of documents as are conferred upon rovcnuc cfficers by tho TamilNadu ioqu!riar, Revenue Summons Act, 1869 and the provisions of sections ::, 3,4 and 5 of that Act, 69, and the rule., made undcr th?t Act shall apply to surnmoris issued and to persons summoned by virtue of tha pDwers cocfcrr~db y this s~~ctio;n a nd all persons lo whom summons a1 e iss!lad by virlua of the said powers sl~nlb!o bound to obey such summons. 196. The Co~ninissionerm ny sumrnon any person to mend before him, and to Summcm give: evidence or produce documenrs,as the case may bf., in lespcct of any questic n altcrd etd relatingt o taxation, 01 i nsgectioll, cr regisf~atj~,onr 10 tIic plrtnt cf anj licerce,cr CV~BCM ~ C f wrmissic n under the provisions of this Act. tfodp~b thunwdr. 197. (1) Ifa ny difficulty arises in giving cflecf to tl~cp !c)visivns r-f this Act, th'e- to Gowrnment may, by ~rderp ublished in tl~cT ?.vil S2.d~G cverl?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) In 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 of sub-don (8 ((1) of section 3, (ii) tho adjudi;aflOll 01 (i!S~ill(::~lr isi~igo ut ol clcc!ion undor rllis Act; (iii) all matters relarillg to Ihc co llucr of elecfion not expressly c~rovidcdfo r 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~ticnoft he Chairpersor,,D.:puty Chnirpcrson and counci~lcrso f the munidpality and the moving of ronc~lutionsa t mcetings : (v) as to the c~nstitulioll cff committees of the municipality and tltc delegation of func:io~lsto such committees ; (vi) prcv'ding for the procedure to be follrwcd ;?t nicefingq cf the ~nunioipality and at commilteos t Il~rccaf nd for t11e condcct 01 business and the Oumberof members ,,'-;011 shall form a cluorultl at any n~ca~in;g - (vig as to the powers (it 1113 n~iini~ip~:tnld~ fitys Chairpzrson e.nd ccmmittees tllerco! w~thre spect to the incurling of expelidit i~racn d tbc powers and duties of the Co~nmissionc:r (viii) providi~lgf or thl: travclli~??a nd othcr allowances of tI~eC hairperson Dcpaty Chairperson, and councillors, a lid oi n~crnbcro f the comniittocs of the nlilnici. pality; (ix) as to llle dclcgritio~c f ftinc!ion of a mr~nicipnlityt o the Chair. pelson, Deputy Chairperson arid councillor of lnunicip~lilyo r 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 to the pre~aration of plans and estimates for wo&s and the power ~f vari~usa uthorities to rrccord technical or administrative sanction to estimate ; (xiii) as to the powers of auC itors to d is:illow and surch~rgei tems, 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 ' it91s 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~~uctiono f c~ocurnel~atsn cl 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 municipaltiy or on which property vested in or belonging to a mun~cipalitym ay be T . 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~lceu nd er section 102 lnay be granted ; :<, . : 5.- ' :, , , i: , : . .I i ~ 't (ic , v tq i I I) J 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 mid~~er,w~isic rheq uired to be or may be prescribed under thls Act, R? I(%. Wbide haki"g~:ntleis~ hd?i-th, is section the Government mey make different provis~o~isk hich.wobld $c aofilicc~hlc. to't llc ~nunici~aileist as grouped below :- - 4. Group Chennai Municipal Corporation; GAZETTE EXTRAORBINARY - Group Munfcipll Corporation other than Chennai a d S pecial Orad$ Municifiit~es ; C Group -Selection grade and first grade M~~niciyalitic;sA nd 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. r (5) (a) All rules made under this Act shall be published in the Tamil Nadu Oovernmant C~azettea nd unless they are expsscd 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 !d ob. on which they are pdished Evtryrute madeunderthis Ad,ar,rleyeryc.rler issuedunderstction (0) 197 shall, as smn as possible after it is issued be pla~cdo n the tt ble of the tej@- latrve Assembly, and if ,b efore 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~ejudieet o 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' ~ cantd also for matters oonnecqed with the administration of ths rn vnici~altity h c d . ti~t. ~ mt hconsistant with thc provigions of this Art a!ld the rules framed r heret. n6er Council. and the iastmctjons issued by tte Government f~omtim e ti? time, (2) Th? Cnu~lcil may ~lsop rcvida penalties in the by-kws and ragutations, and for violation cf such by-Ians and regulaticns in accordanca dth 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 ti~cC ovct 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 ~araila nd shd come into force on the cat2 of s~chpu t;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 - - {c) the Madurai CJy hlunicip,rI Corporztion Act, 1971 ; Tamil Nadu Act (d) tkLe Coiinbaiore Cty hlcnicipal Corporation. Act, 1981 ; Tamil Nadu Act Ihe iiruohimppal1i U l y bl&iciyai ~orpdrationA E 1~9;4. : . Tan8 Kadu Ad , ' 27of 1994. . ., if1 the T~runelveliC ity Municipal C~rpor~ttioAnc t, 19Y ; - . ;, -<**1... . .. ' ,. . ,.. .....,. (i9 ) t . h e Salem City Municipal ~oiiorstionA &, 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' CGIn ti]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 or under tile relevant Acts, referred to in the said sub-section (I) until they are ~onstitutedo r 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~dertI 12 provis~o,. ,*r1 11;s Act; - .-"-' - .- - -- --- "- - L ----a* __ __.-_---__i.i.__.--.____-__I_-._._.p -p -- TAMIL NADU GOVERNMENT GAZETTE EXTRA0R DINARY (d) all property whether movable er immovable and all rights and interest of wll%tsosvark in1 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. is dzcmed to have been constituted under this Act: i: 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 deemad to have bsen done, made, instituted, executed or appointed, as the coab may b be, by the municipal corporations, rnutsicipaliies and town pancha>:ts deemed to L 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 STATI - O - N - E RY AND ON BEKALF OF THE GOVERNAWBSNT OF T.4MIL NADU. TAMIL NADU GOVERNMENT GAZETTE EX'TRAORDINARY 24 1 ----- ---- ------ - ---_--.--_- ---- ----- 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 ~enerailn formation:- ACT No. 54 OF 1999. An Act to amcnd the Tainii VaVadt Urhnn Local Bodie~A ct, 1993. BE it enacted by the Legisla1 ive Assembly of the State of'Tami1 Nad~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. Short title and 1999. commencement. (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 Amendment of ~f 1999. as the principal Act), in clause (20), for the expression "as it notified", the expression "as is section 2. notified" Shall be substituted. 3. In section 3 of the principal Act,- Amendment of section 3. (I) in sub-section (I),- (a)a fierthe 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~iicipelityo r the inclusion ofany village panchayat" shall be substituted. 4. In section 10 of the principal Act,- Amendment of section 10. (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. Amendment of 5. In section 12 of the principal Act,-- - section 12. (I) in sub-section (4),- (a) for the expression "while undergo~ngth e 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,t he following sub-section shall be added, namely:- "(8) If the Tamil Nadu Skte Election Commission is satisfib: that a person,- (a)h as failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and 242 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY -- (6) has no good reason or justification for the failure, 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.". Amendment of 6. In section 25 ofthe principal Act, in sub-section (3). for the expression "by the presiding section 25. offtcer by", the expression "by the presiding officer" shall be substituted. Amendment of 7. In section 28 ofthe principal Act, for the expression "requisition on such buildings", the section 28. expression "requisition such buildings" shall be substituted. Amendment of 8. In section 3 1 of the principal Act, in sub-section (21, for the expression "guilty by an -se ction 3 1. agent", the expression "guilty by act of an agent" shall be substituted. Amendment of 9. In section 34 of the principal Act, in sub-section (I), for the expression "present at that section 34. 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. Amendment of 10. In section 37 of the principal Act, after sub-section (I), thc following sub-section shall section 37. 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.". Amendment of I I. In section 38 of the principal Act. in sub-section (2), for the expression "under this section 38. section", the expression "under clause (a) of srlh-section (I)"s hall be substituted. Amendment of 12. In section 42 ofthe principal Act, in sub-section (4), for the expression "sub-section (2) section 42. or involves", the expression "sub-section (2) involves" shall be substituted. Amendment of 13. In section 46 of the principal Act, to sub-section (I), the following proviso shall be section 46. added, namely:- "Provided that the Chairperson shall have the right to vote in the election ofthe Deputy Chairperson.". Amcndrnent of 14. In section 49 ofthe principal Act, in sub-section (I), the following shall be added at the section 49. end, namely:- "The powers and functions of the wards committee shall be such as may be notified by the council.". Amendment of 15. In section 50 of the principal Act,- section 50. (1) for the expression "municipality" wherever it 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. Amendmcnt of 16. In section 52 of the principal Act, in sub-section (I), in clause (a), for the expression section 52. "disobey or act", the expression "disobeys or acts" shall be substituted. Amendment of 17. In section 57 of the principal Act,- section 57. (I) sub-section (6) shall be omitted; (2) --lh-section (7). the following expression shall be added at the end, namely:- 11. .. "and he shall report the action taken under this section and reasons therefor to the council at its next meeting."; TAMIL NADU GOVERNMEN'T C - iA - ZE'I'TP - - E XTRAORU _ I . N ._ A _._ I <Y -AI_ . _ _-- 7 --- 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 - "59. Classification Qf ooflicers ondsen~ontsm rnunrcipul service, : 1 ) The municipal 00. 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 ~ ~of ! ~ ~ d ~ ~ ~ ~ shall be inserted, namely:- sect~on8 0. I "(aa) Profession tax;". 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.". I 22. In section 87 of the principal Act,- Amendment of section 87. I (1) for clause (c), the following clauses shall be substituted, nan1ely:- I "(c) buildings u;ed for educational purpose including hostels attached thereto; (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 section 92. clause shall be substituted, namely:- - "(b) of an election to the Parliament, Legislative Assembly or a Municipality; or.". Amendment of 24. In section 94 of the principal Act, in sub-section (I), in clause (b), after item (v) and the section 94. entries relating thereto, the following items and entries shall be added, namely:- "(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. The market value of the property as sri (vii) Senlement of immov~blcp roperty other than in favour of a member c~r io!~;!i n the a~stru:.lent,a !d in a C ~ W members of a family. i~wc1.1 ~: III~kIt lt \. il!,c' is final!y detcr- ~~iinhcyd a ny author i3 111 1 <ersection47-A 1 ol'the Indi:~nS trunp Act, 1899 (Central Act II OF l899j, rhe market value as so determined by such auihority. Expla~zaiiurr.---Fort hi: illirposr of this item, the word "fami!yV shall have the same - meaning as in the Explanation to item (i) of L;ause ldj oTA~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~dS. uch 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~cipaAl ct, 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 1s t 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; k' " (d)L Lm~ntmh"e ans a calendar month; " (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 1 in such manner as may be prescribed. (4) Where a company or person proves that it or he has paid the sum due on account of the tax levied under this Chapter or any tax of the nature of a profession tax imposed under the Central Act 11 Cantonments Act, 1924 for the same half-year to any local authori! 'or cantonment authority of 1924. in the State of Tamil Nadu, such company or person shall not be 1 able by reason merely of change of place of business, exercise of profession, trade, calling or employment, or residence, - to pay the tax to any other loc .. a l authority or cantonment authority. , (5) The tax leviable from a firm, association or Hindu undivided family may be levied on any adult member of the firm, association or family. ! (6) Where a person doing the same business in the same name in one or more places within -. the municipal area, the income of such business in all places within the municipal area shall be computed for the purpose of levy of tax and such person shall pay the tax in accordance with the provisions of this Chapter. (7) Where any company, a corporate body, society, firm, body of persons or association pays the tax under this Chapter, any director, partner or member, ds the case may be, of such company, corporate body, society, firm, body of persons or association shall not be liable to pay tax under this Chapter, for the income derived by such director, partner or member from such company, corporate body, society, firm, body of persons or association: Provided that such director, partner or member shall be liable to pay tax under this 1 Chapter for the income derived from other sources. TP) IV-2 EX. (945 )--2 246 TAMIL NADU GOVERNMENT GAZETE EXTRAORDWARU (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. (10) Notwithstanding anything contained in the proviso to sub-section (8), the Commis- C 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)s hall 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 correspondencew ith, 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 payable by any person earning a salary or wage shall be deducted by his employer from the I 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. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 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,f e~,anidn t: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)t he members of the Armed Forces of the Union serving in any part of this State, to whom the provisions of the Any Act. 1950. the Air Force Act. 1950 or the Navy Act, 1957 applies; (b)t he members of the Central Reserve Police Force to whom the Central Reserve Police Force ~ c t1,9 49 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 certifiedb y a Registered Medical Practitioner in the service of the Government not below the rank of a Civil Surgeon; ---- . 2-4 - ---. I . I. I . P Y ' L Central .4ct!f (d)t he members ofthc Central Industrial Security Force to whom the Central Industrial of 1968 Security Force Act, 1968 applies and serving in any part of this State. NaduM 17-1. Co//ee,iono f fiofes.yion tm during ccr~rlitpi eriods.- (1 ) Notwithstanding the 6.1 repeal ofthe Tamil Nadu Tar on Professions, Trades. Callings and Employments 1992 24 Laws (hereakr in this section referred to as the 1992 Act) by the Tamil Nad" (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~eptember1 998 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~icipalityc r the depzrtnle~itso f 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; a).- (2) in sub-section (I (a) forthe expression "sub-section (9)", the expression "sub-section (6) or (9)" shall be substituted; (b)f or the expression "Government", the expression "Director" shall be substituted; (c) for the proviso the following praviso shall he sl~bstitutedn, amely:- "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)M' Uh aving regard to the location of the water source such other relating thereto as may be prescribed, may by notification in the !i TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 1 249 1 ( Tamil Nadu Government Gazette, declare such area, as ]nay be prescribed around such water 1 source, as a prohibited area. (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 Amendment purposes", the expression "used for residential purposes or for public purposes" shall be section 176. substituted. 35. After section 178 of the principal Act, the following sect~ons hall 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. "(2) The council may also make provision in the by-laws and regulations t.o i.mp ose I . , 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. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIC C ON BEHALF OF THE GOVERNMENT OF (DTP) IV-2 EX. (945)-3 6291 CHENNAI, SATURDAY, SEPTEMBER 9,2000 0. Aavani 25, Vikkrama, Thiruvalluvar Aandu-203 1 I I Part IV-Section 2 3 i 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. An Act further to amend the Laws relating to the Municipal Co~porations andMunicipalities in the State of Tamil Nadu. 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 PART-I PRELIMINARY. 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)I V-2 EX. (629)-1 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 191 9. Insertion of 2. After section 326-1 of the Chennai City Municipal Corporation Act, 1919, the new section following section shall be inserted, namely:- 326-5. of erection of certain hoardings.-Notwithstanding anyhng other law for the time being in force, or in any judgment, or other authority,- I (a) (i) here any hoarding (other than traffic sign and road sign) visible to the 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 th~sse ctlor1 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~MENTT O THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920. Insertion of 3. After section 285-1 of the Tamil Nadu District Municipalities Act, 1920, the following new section section shall be inserted, namely:- 285-J. "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 anyj udgment, 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: TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93 ' 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 I 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 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;fllb e 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,- I (i) where any hoarding (other than traffics ign and road sign) visible to the traffic (a) 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 i specified in the notice, the Commissioner shall, without W e rn otice, remove such hoarding 1 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 sbll not 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 - TAMIL ~JACIUG OVERNMENT GAZETTE EXTRAORDINARY PART - V AMENDMENT TO THE COIMBATORE CITY MUNICIPAL RATION ACT, 1981. ln~crtiano f 5. ~ftesrec tion 4 10-1o f the~oimrbatorec ity ~ u n i a~lo r a t i o n ~1c98t 1, the following Tamil Nadll . , new section section shall be inserted, namely:- Act 25 of 4 10-J. 1981. I "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~bunalo r other authority,- (a) (I)w here 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 reven.u e; . (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. Insertion of 6.A fter section 13 1 ofthe Tamil Nadu Urban Local Bodies Act, 1998, the following section Tam11N adu new section shall be inserted, namely:- Act 9 of 1999 131-A. "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: fr ovided that such time shall not exceed fifteen days from the date of issue of such notice; TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (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~co n 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, I Law Department. i PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND FRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADIJ (DTP) IV-2 Ex. (629)-2 [Rcgd. NP. TNIChicf PMG-30112001. 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 of the Tamil Nadu Legislative Assembly received the assent of the . I Prcsidcnl on ~llc1 4rll Augt~s2~0 0 1 ;111di s llcrcby published for gcncral information:- ACT No. 10 OF 2001. .In ..lei Jr~l-/lm-1 0 onlend the Luivs re foti~rg-roM rr,7icipul Corporations and Muni cipa fities in fhe Stole oJ Tatnil Nadu. BE it cnac~edb y he Legislative Assembly of thc State of Tamil Nadu in the Fifty-first Year of thc Rcpublic of I~idiiillS ~al10ws:- ! PART-I. PRELIMINARY. 1. (1) l'liis Act may bc called the 'I'an~ilN adu Municipal Laws (Second Amendment) Short li~lca nd Act, 2000. commence- mcnt. (2) 11 shall come into force on such date as the Srare Government may, by ~iolificalion,a ppoinl. l3AR'I.+[[. -. Ah3ENDM EN'I'S 'r0 TI 1 E CI-I ENNAI CI'TY MUN[ClPAL CORPORATION ACT, 19 19. Tn' riiil 'N a ' d u 2. In scction 54-A or the Chennai City Municipal Corporation Acl, I9 19 (hereafter in Amcndmcnt illis Pnrl relcrred lo as ihc I91 9 Ac,). af~erru b-rccticn (4). (lie rollowing sub-sections shall be ~:-~c'iOn 1019 addcd, namcIy: "(5)'The trinl oral, efectior~p uli~ions llall, so far as is praclicable consistently with the ili~crcsro t'jusrice in respccl 01' tlic trii~l.b c continued from day to day until irs conclusion, unlcss rlle PrincipilI ludgc. City Civil Court. Chennai. finds rllc adjournment of the trial beyoi~dt hc F~llowirdi~ay to be necessary for reasoils to bc recorded. 60 'TAMIL NADU GOVERNMENT GAZE'lTE EX1'I<AOI<DINARY (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 111ce lec~ionp ct it 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.n amely:-- new section 59-A. "59-A. Yoling tnachir~er rl elections.-Notwithstanding any thing contained in this act or the rules made thercundcr, ~ h gci ving and recording ol'voles,by voting machit~esm ay bc adopted in such ward or wal-ds of r!le Corporalion as the State Elxrion Conimission may, having regard 10 [he circurnstanc:~ of earh casc, specify. Explanation.--For ttic purposc of Lhis sec~ion,"volingm achi~~cm"c nlls ;uiy mncl~inc or apparatus whelher operaled clcctronical!y or olherwise used for giving or recording of votes and any rercrcncc to a bi~llotb ox 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 4. ACtcr section 43-C of the Tamil Nadu Districl Municipalilies Act, 1920 (hereafter in Tamil ~nd; new section 43-D. this Part referred to as the 1920 Act), the iol!owing sccliori shall be inser~ed,n amely:- Ac1 V of 1970. "43-D.V oting machir~ea ( e1ecrions.-~otwitlistandin~ anytl~ingc ontained in [his act or the rules made thereunder, thc giving and recording of 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 tt c purpose of this section,"votin~m achine" 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 or 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 Ijr 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~ento f 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 is 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 'N*a du of section 60-A. this Part referred to as the 197 1 Act), aim 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 of the [rial. be conrinucd from day lo day unliI ils conclusion, unless the District Judge Finds the adjournment of thc trial beyond tl~efo llowing day to be necessary for reasons to be recorded. TAIMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 6 1 ----- - (6) Every clccrion petition sllall bc lrjed as expcdiriousIy as possible and endeavour shall be made to conclude Ihc trial wi~hins ix 111otithsF rum ihc dace on which !he elcctioripetition is presenled to thc Districr Judgc For trial.". 7. Arrcr section 66 oit he 197 1 Act. [he following section stiall be ,,~serted, namely:- Insenion of new scction "66-A. L'orillg o~achitlea t 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 of the Corporation as thc Statc Electio~C~o mrnission may, having. regard to the circumstal~ceso f each casc, specify. Espln~m~inn.-Fort hc purposc of this sec~ion:'votii~i~n acliine" 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~lsrrlreda s inclr~dinga reference lo such voting machine \~.hcrevers ~rcllv otii~gm aclli~lci s uscd at any elecrion.". PART-V. AMENDMENTS TO THE COlMBATORE CITY MUNICIPAL CORPORATION ACT, 1 Q8 I. 8. 111 scction 152-A of the Coinlbalorc Cily Municipal Corporation Act, 1 98 1 (hereafier Amcndmenl or scction in Lbis Parr rcfcrred to as the I95 1 11c11.a fter sub-scclion (4). the follorving sub-sections shall. 62-~. bc added. nnmcly:: "(5) Thc !rial of an election prritiori shall, so far as is practicable consistently with the in~cresto r justice in rcspect of thc trial, be contiuued fro111 day to day until its conclusion, unless !lit Dislricl Judge finds llie ndjournmcnl of thc [rial beyond the follo\ving day to be nccessary Tor rcasons Lo bc recorded. (6) Every elec~ionp etition shall bc tried as expeditiously as possible and endeavour shajl be madc 10c o~,c:uf.:t he try?' withi115 is rnonlhs from the (late on which (hc election petition is prcsenlcd tu rllc District Judsc Tur ~riill.". 9. Al'rcr scction GP of the 1981 Acr, the follow in^ section shal! be inserted, namely:- 1f13cnr'i0en w sccOtifo n 68-A. "68-A, Iti~ling/ )~ncfiinoer ckctions.-Notwithsfanding anything contained in chis act or ll~cru lcs 111nt-lc~ hcrcundcr.l hc giving and recordi~lgo r votcs by voting machines may be adopted in sucl~r ri~rdu r wibrds of rhc Corporalion as ~JicS I~CCE lc~~ioCnom mission may, havinz rcgard lo lhc cir~umsra~~cocf se ach case, spccify. Expfo)~nrion.-For the purpose of [his section,"voting machine" means any machine or apparalus rvl~cthero pcratcd electronically or otherwise used For giving or recording of 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 \\~hcrevers uch 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),f or the rxpressiou commencing with the words 9. "any amendment, by way of inclusion" and ending lyith !he words "Tamil Nadu State Election Commission", the following expression shall be substilutcd, namely:- "any amendment, transposilion or deletion of 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.". 62 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Inserrion of 1 1. Afier section I0 of the 1998 Acl, the followirt~s ection 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~ya s 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 {her ules made thereunder shall, save as otherwise providcd, be cons~ri~cads 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~vitlgs ub-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~efi nd5 the adjournment of the lrial bey0r.d the following day t~ be necessary for reasons to be recorded. (6)E very elecrion peti!ion shall be tried as expcditiousIy as possible and endeavour . shall bernade t~concludctl~treia l within sixmorIths frorn~hedareonw hich 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. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 161 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 Short title and (Amendment) Act, 2022. commence- ment. (2) It shall come into force on such date as the State Government may, by notification, appoint. Tamil Nadu Act 2. In section 2 of the Tamil Nadu Urban Local Bodies Act, 1998 Amendment of 9 of 1999. (hereinafter referred to as the principal Act), — 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; 162 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (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 4. In section 4 of the principal Act, for sub-section (1), the following section 4. sub-sections shall be substituted, namely:— TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 163 “(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); 164 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (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 5. In section 7 of the principal Act, in sub-section (1), for the section 7. expression “exclusive of its Chairperson”, the expression “inclusive of its Chairperson” shall be substituted. Amendment of 6. In section 8 of the principal Act,— section 8. (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: — TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 165 “(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, — Amendment of section 12. (1) for the expression “Councillor or Chairperson”, wherever it occurs, including the marginal heading, the expression “Councillor” shall be substituted; (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 Insertion of new section 12-A. sections shall be inserted, namely:– “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 Amendment of expression “two hundred and fifty rupees”, the expression “two thousand section 16. rupees” shall be substituted. 166 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Amendment of 11. In section 19 of the principal Act, in sub-section (1), for the section 19. expression “an assistant returning officer”, the expression “an assistant returning officer or zonal officer” shall be substituted. Amendment of 12. In section 20 of the principal Act, in sub-section (2), for the section 20. expression “two hundred and fifty rupees”, the expression “two thousand rupees” shall be substituted. Amendment of 13. In section 23 of the principal Act, in sub-section (2), for the section 23. expression “two hundred and fifty rupees”, the expression “two thousand rupees” shall be substituted. Amendment of 14. In section 25 of the principal Act, for the expression “ballot paper”, section 25. occurring in three places including marginal heading, the expression “ballot paper or voting machine” shall be substituted. Insertion of new 15. After section 34 of the principal Act, the following section shall be section 34-A. 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 16. In section 35 of the principal Act, in sub-section (1), after the section 35. expression “the Government”, the expression “or the Tamil Nadu State Election Commission” shall be inserted. Amendment of 17. In section 37 of the principal Act,— section 37. (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 18. In section 38 of the principal Act,— section 38. (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:— TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 167 “(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; 168 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (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 21. After section 43 of the principal Act, the following section shall be section 43-A. 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. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 169 (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 Amendment of “other scheme”, the expression “other schemes financed from Municipal section 45. Fund” shall be substituted; 24. After section 46 of the principal Act, the following sections shall Insertion of new be inserted, namely:— 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 Insertion of new inserted, namely:— 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. 170 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (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 26. In section 50 of the principal Act, in sub-section (1), in clause section 50. (ii), for the expression “from the Chairperson”, the expression “from the Chairperson or the Commissioner” shall be substituted. Substitution of 27. For section 51 of the principal Act, the following section shall be section 51. substituted, namely:— TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 171 “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. 172 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (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 28. For section 52 of the principal Act, the following section shall be section 52. 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 29. In section 54, in sub-section (1), for the expression “District section 54. Collector concerned or a senior officer of the Indian Administrative Service”, the expression “the Commissioner or any other officer” shall be substituted. Amendment of 30. In section 55 of the principal Act, to sub-section (1), after the section 55. 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 31. After section 55 of the principal Act, the following section shall be section 55-A. inserted, namely:— TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 173 “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 Amendment of sub-section shall be substituted, namely:— 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 Amendment of expression shall be added at the end, namely:— section 66. 174 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY “subject to the revenue generation of the project, financial viability and repayment capacity of the municipality.”. Amendment of 36. Section 71 of the principal Act, shall be renumbered as sub- section 71. 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 37. In section 73 of the principal Act, after clause (ii), the following section 73. 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 38. In section 74 of the principal Act, in sub-section (1), for the section 74. 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 39. After section 75 of the principal Act, the following section shall be section 75-A. 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 40. In section 76 of the principal Act, for the expression “and such section 76. monetary limit shall not exceed five crore of rupees” shall be omitted. Amendment of 41. In section 78 of the principal Act, — section 78. (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. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 175 42. In section 80 of the principal Act, in sub-section (1), for item (e), Amendment of the following item shall be substituted, namely:— section 80. “(e) Company tax.”. 43. In section 81 of the principal Act, — Amendment of section 81. (1) after sub-section (1), the following sub-section shall be inserted, namely:— “(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,— Amendment of section 82. (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. 45. For sections 83, 84 and 85 of the principal Act, the following Substitution of sections shall be substituted, namely:— 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 ; 176 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (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. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 177 (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 Insertion of new inserted, namely:— 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,— Amendment of section 87. (1) for clause (c), the following clause shall be substituted, namely:— “(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 Insertion of new inserted, namely:— 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 Amendment of expression “six months”, the expression “two years” shall be substituted. 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:— 178 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY “(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 52. Section 101 of the principal Act shall be omitted. section 101. Amendment of 53. In section 102 of the principal Act, for sub-section (3), the following section 102. 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 54. After section 102 of the principal Act as so amended, the following section 102-A. 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 55. In section 107 of the principal Act, in sub-section (2), for the section 107. expression “destroyed”, the expression “removed” shall be substituted. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 179 56. After section 108 of the principal Act, the following section shall Insertion of new be inserted, namely:— 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- Amendment of section (1) of that section and after sub-section (1) as so renumbered, the section 114. following sub-section shall be added, namely:— “(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 Insertion of new inserted, namely:-- section 114-A. “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.”. 180 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Insertion of new 59. After section 116 of the principal Act, the following section shall be section 116-A. inserted, namely:-- “116-A. Recovery of Taxes.– (1) If the amount due on account of any tax is not paid within fifteen days from the date of the service of notice and if the person from whom the tax is due has not shown cause to the satisfaction of the Commissioner why it should not be paid, the Commissioner may, by following such procedure as may be prescribed, recover by distraint under his warrant and sale of the movable and immovable property of the defaulter or if the defaulter is the occupier of any building or land in respect of which a tax is due, by distress and sale of any movable property which may be found in or on such building or land, the amount due on account of the tax together with such further sums as will satisfy the probable charges that will be incurred in connection with the detention and sale of the property so distrained: Provided that the movable property described in the proviso to sub- section (1) of Section 60 of the Code of Civil Procedure, 1908 (Central Act V of 1908), shall not be liable to distraint. (2) If for any reason the distraint, or sufficient distraint, of the defaulter’s property is impracticable, the Commissioner may prosecute the defaulter before a Judicial Magistrate. (3) Nothing herein contained shall preclude the Municipality from suing in a civil court for the recovery of any tax, duty or other amount due to it under this Act.”. Amendment of 60. In section 117-B of the principal Act,— section 117-B. (1) for sub-section (2) including the Table thereunder, the following sub-section shall be substituted, namely:— “(2) Each branch or unit of a company, Hindu undivided family, firm, corporation or other corporate body, society, club, body of persons or associations which transacts 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 of the half-year for which return is filed, shall pay half yearly tax at the rates specified in such manner as may be prescribed: Provided that such rate of tax per employee shall not exceed two thousand five hundred rupees per annum.”; (2) in sub-section (4),— (a) for the expression “Where a company or person”, the expression “Where a branch or unit of a company, Hindu undivided family, firm, corporation or other corporate body, society, club, body of persons or association of persons” shall be substituted; (b) for the expression “such company or person”, the expression “such a branch or unit of a company, Hindu undivided family, firm, corporation or other corporate body, society, club, body of persons or association of persons” shall be substituted; (3) sub-section (6) shall be omitted. Amendment of 61. In section 117-H of the principal Act, for clause (c) including the section 117-H. proviso thereunder, the following clause shall be substituted, namely: — TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 181 “(c) persons with benchmark disability, as defined in clause (r) of section 2 of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016).”. 62. After Chapter VI-A of the principal Act, the following Chapter shall Insertion of new be inserted, namely:— Chapter VI-B. “CHAPTER VI-B. Regulation of hoardings, digital banners and placards. 117-K. Definitions.— In this Chapter,— (a) “digital banner” means any screen of boards, at any place, whether public or private used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organization, promotion of business, designed and printed using electronic printing technology; (b) “hoarding” means any screen of boards or any other structure other than digital banner and placard, at any place, whether public or private used or intended to be used for exhibiting advertisement, including the frame work or other support, erected, wholly or in part upon or over any land, building, wall or structure, or vehicle visible to public wholly or partly; (c) “placard” means any screen of boards, the size of which is not exceeding eight feet in height and four feet in breadth, at any place, whether public or private, used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organization, promotion of business, designed and printed using electronic printing technology. 117-L. Regulation of erection of hoardings.— (1) No hoarding shall be erected at any place by any person without obtaining a licence from the Commissioner. (2) Every application for licence under sub-section (1) shall be made to the Commissioner in such Form, containing such particulars, with such application fee, as may be prescribed. (3) The Commissioner may, after local inspection and on payment of such licence fee not exceeding twenty thousand rupees per square metre per year as may be prescribed, grant a licence with such conditions as may be prescribed. (4) The Commissioner may refuse to grant licence for reasons to be recorded in writing: Provided that a licence shall not be refused unless the applicant has been given an opportunity for making his representation. (5) Every licence granted under sub-section (3) shall be valid for a period of three years and may be renewed. (6) The fee paid under sub-sections (2) and (3) shall be credited to the account of the municipality concerned, in such manner as may be prescribed. 182 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 117-M. Regulation of erection of digital banners and placards.— (1) No digital banner or placard for exhibiting any advertisement or information shall be erected by any person without obtaining prior permission from the Commissioner. (2) Every application for permission under sub-section (1), shall be made in writing, to the Commissioner fifteen days prior to the date of erection of digital banner or placard in such Form, containing such particulars with such fee, not exceeding ten thousand rupees per placard or digital banner as may be prescribed. (3) The permission for erection of digital banner or placard may be granted for such purpose and for such period, not exceeding six days and subject to such conditions as may be specified by the Commissioner. (4) The Commissioner may refuse to grant permission for reasons to be recorded in writing. (5) Every person who has erected the digital banner or placard after obtaining the permission, shall, on expiry of such permission, remove the same and dispose it, without causing any hazard to health or environment, in such manner as may be prescribed. 117-N. Power to suspend or cancel licence.— (1) Without prejudice to any other penalty to which the licencee may be liable under this Chapter, the Commissioner may, at any time, by order in writing, cancel or suspend any licence granted or renewed under section 117-L, if— (a) such licence has been obtained by fraud, misrepresentation or suppression of material particulars; or (b) the licencee has contravened any of the provisions of this Chapter or the rules made thereunder or any of the condition, subject to which the licence was granted. (2) Before canceling a licence under sub-section (1), the Commissioner shall give the licencee, an opportunity of making his representation. 117-O. Removal of unauthorized hoarding, digital banner or placard.— Any hoarding erected without licence or any digital banner or placard erected without permission, shall be confiscated and removed by the Commissioner without giving any notice and recover the cost of removal from the person who has erected the unauthorized hoarding, digital banner or placard, as an arrear of land revenue. 117-P. Removal of hoarding, digital banner or placard in certain other cases.— (1) Where any hoarding or digital banner or placard is retained after the expiry of the licence or the period of permission, as the case may be, or erected contrary to the conditions of the licence or the permission, as the case may be, the Commissioner may, by notice in writing, require the licencee or the permit holder to remove such hoarding or digital banner or placard within such time as may be prescribed. (2) Where the hoarding or digital banner or placard is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove the same and recover the cost of removal from the person concerned as an arrear of land revenue. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 183 117-Q. Exemption.— Nothing contained in this Chapter shall apply to any hoarding, digital banner or placard on which is exhibited any advertisement which relates to,— (a) the trade or business carried on within the land or building upon or over which such hoarding, digital banner or placard is erected or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in such land or building; (b) the name of the land or building, upon or over which the hoarding, digital banner or placard is erected or to the name of the owner or occupier of such land or building: Provided that the exemption under this section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed. 117-R. Appeal.— (1) An appeal shall lie to such authority as may be notified by the Government, from an order of refusal to grant or renew a licence or cancelling or refusing to give permission by the Commissioner under this Chapter within thirty days from the date of receipt of the order. (2) The appeal shall be in such Form and in such manner and shall be accompanied with such fee, as may be prescribed. (3) On receipt of such appeal, the appellate authority may, after making such inquiry as may be necessary and giving a reasonable opportunity to the appellant to be heard, pass such order as it deems fit. 117-S. Power to grant rights to advertise in properties vested with the municipality. —Subject to the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) or any other law for the time being in force, the Commissioner may grant rights to any person or a class of persons or any institution or organization to display advertisement on properties belonging to, or vested with, the municipality on payment of fee as may be prescribed: Provided that in the case of a private partner in Public Private Partnership projects, the fee shall be adjusted against the cost incurred by the private partner. 117-T. Prohibition of erection of certain hoardings, digital banners or placards.— 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 which is in existence, the Commissioner shall by notice in writing, require the licencee 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 be less than 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 hoarding and recover the cost of removal from the person concerned as an arrear of land revenue; 184 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (b) (i) where the Commissioner is satisfied that the erection of any hoarding or the erection of digital banner or placard (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 or permission under section 117-L or 117-M, as the case may be; (ii) where any hoarding, or digital banner or placard is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice and recover the cost of removal from the person concerned as an arrear of land revenue. 117-U. Penalty.– Whoever contravenes any of the provisions of this Chapter or any rule or order made thereunder or obstructs lawful exercise of any power conferred by or under this Chapter shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to twenty-five thousand rupees or with both: Provided that whoever erects any digital banner or placard without the permission of the Commissioner, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.”. Amendment of 63. In section 120 of the principal Act,— section 120. (1) in sub-section (5), after clause (iv), the following clause shall be added, namely:— “(v) if the promoter or owner of the land does not handover the open space or the space reserved for roads along with the development charges, prescribed.”; (2) in sub-section (6) including the proviso thereto, for the expression “the council”, occurring in two places, the expression “the Commissioner” shall be substituted; (3) after sub-section (7), the following sub-section shall be added, namely:— “(8) If any private street has been levelled, paved, metalled, flagged, channelled, drained, conserved and lighted by the owners, such street shall, on requisition of not less than three-fourth of the owners thereof, be declared as public street.”. Amendment of 64. In section 121 of the principal Act,— section 121. (1) in sub-section (2), the following expression shall be added at the end, namely:— “and recover the cost from the person on whom such notice is served.”; (2) after sub-section (2) as so amended, the following sub-section shall be added, namely:— “(3) Whoever makes a layout or a new private street without the prior sanction of the Commissioner, shall on conviction be punishable with imprisonment which may extend to one year and with fine which may extend to one lakh rupees and in case of continuing contravention, a further such sum which shall not exceed one thousand rupees per day during which such contravention continues.”. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 185 65. In section 125 of the principal Act, in sub-section (3), for the Amendment of expression “the Land Acquisition Act, 1894 (Central Act I of 1894)”, the section 125. 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. 66. After section 127 of the principal Act, the following section shall Insertion of new be inserted, namely:— section 127-A. “127-A. Promotion of urban forestry, planting of trees, parks and playgrounds.— The Municipality shall take necessary steps for the promotion of urban forestry, planting of trees, creation of public parks, gardens and indoor and outdoor playgrounds for children and youth.”. 67. In section 128 of the principal Act,— Amendment of section 128. (1) in sub-section (1), in clauses (a) and (b), for the expression “land belonging to the municipality or the departments of the Central or State Governments”, the expression “land belonging to or vested with the municipality” shall be substituted; (2) in sub-section (2),— (a) for the expression “land belonging to the municipality or the departments of the Central or State Governments”, the expression “land belonging to or vested with the municipality” shall be substituted; (b) for the expression “twenty thousand rupees”, the expression “fifty thousand rupees” shall be substituted. 68. In section 131 of the principal Act shall be omitted. Omission of section 131. 69. In section 133 of the principal Act,— Amendment of section 133. (1) in the marginal heading and in sub-sections (2) and (4), for the expression “reconstruct”, the expression “reconstruct or demolish” shall be substituted; (2) in sub-section (5), for the expression “construction or reconstruction”, the expression “construction, reconstruction or demolition” shall be substituted. 70. In section 134 of the principal Act, for the expression “ten thousand Amendment of rupees”, the expression “one lakh rupees” shall be substituted. section 134. 71. In section 135 of the principal Act, in sub-section (6), for the Amendment of expression “Commissioner may”, the expression “Commissioner may lock section 135. and seal the building or” shall be substituted. 72. For section 137 of the principal Act, the following section shall be Substitution of substituted, namely:— section 137. 186 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY “137. Clearing of fallen trees, structures, building material, etc., in street.— If any obstruction is caused in any street by the fall of trees, structures or fences or by stacking of building material, the owner or occupier of the building concerned shall, within twelve hours of the occurrence of such obstruction or within such further period as the Commissioner may by notice allow, clear the street of such obstruction. If the owner or the occupier of the building fails to comply with the notice, the Commissioner shall clear the street of such obstruction and recover the cost of removal from the owner or the occupier as an arrear of land revenue. The Commissioner may also impose a fine not exceeding two thousand rupees for having caused such obstruction in the street. Insertion of new 73. After section 137 of the principal Act, the following sections shall sections 137-A be inserted, namely:— and 137-B. “137-A. Permission to construct swimming pool.— (1) No swimming pool shall be constructed in any place, without obtaining permission from the Commissioner. (2) Every application for permission to construct a swimming pool shall be made to the Commissioner and shall be accompanied by such fee not exceeding rupees twenty-five thousand and such particulars as may be prescribed. (3) On receipt of an application under sub-section (2), the Commissioner may, after making such enquiry as he deems necessary, either grant or refuse to grant the permission. Every permission granted shall be in such form and subject to such terms and conditions, as may be prescribed. (4) Where the Commissioner refuses to grant permission under sub-section (3), he shall give reasons in writing for such refusal. (5) Every owner or occupier of a building or land in which a swimming pool is located, shall maintain the swimming pool in such manner and follow such safety norms, as may be prescribed. (6) Any person authorized by the Government in this behalf may, subject to the provisions of section 190, enter into any building or land in which a swimming pool is located, in order to make an enquiry or inspection and may take any measure or do anything which may, in his opinion, be necessary for the purpose of maintenance of the swimming pool or for the safety of the persons using the swimming pool: Provided that the Government shall authorize, for the purpose of this sub-section, any officer,— (i) not below the rank of Joint Director in the Directorate of School Education, in respect of swimming pools located in the premises of schools; (ii) not below the rank of Joint Director of the Directorate of Collegiate Education, in respect of swimming pools located in the premises of colleges and Universities: Provided further that the Government may authorise different persons for different classes of buildings or land in which swimming pools are located.”. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 187 137-B. Provision of Rain Water Harvesting Structure.— (1) In every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner as may be prescribed. (2) Every owner or occupier of a building shall provide rain water harvesting structure in the building in such manner as may be prescribed. Explanation.-- Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section. (3) Where the rain water harvesting structure is not provided as required under sub-section (2), the Commissioner or any person authorised by him in this behalf may, after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax. (4) Notwithstanding any action taken under sub-section (3), where the owner or occupier of the building fails to provide the rain water harvesting structure in the building, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided.”. 74. In section 141 of the principal Act, for the expression “the Amendment of Government”, the expression “the District Collector” shall be substituted. section 141. 75. In section 144 of the principal Act, for the expression “period of Amendment of one year”, the expression “period of five years” shall be substituted. section 144. 76. In section 145 of the principal Act, in sub-section (2), the following Amendment of shall be added at the end, namely: — section 145. “and may also lock and seal the building, if deemed necessary.”. 77. After section 145 of the principal Act, the following sections shall Insertion of new be inserted, namely:— sections 145-A to 145-C. “145-A. Power to prohibit change of authorized use of Building.— (1) No person shall, without prior permission of the Commissioner or otherwise than in conformity with the conditions of such permission,— (a) use or permit to be used, for the purpose not originally authorised; or (b) change or allow the change of use of building, other than that specified in the sanctioned plan. (2) Without prejudice to any other action that may be taken against any person, whether owner or occupier, for contravention of sub-section (1), the Commissioner may levy on such person such fine, not exceeding one hundred rupees per square metre per month for the area under unauthorized use throughout the period during which such contravention continued. 188 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 145-B. Power to prevent use of premises for specified purpose in particular area for environmental reasons.— The municipality or the Government or the District Collector may give notice of its or his intention, to declare that in any area specified therein no person shall, for environmental reasons stated therein, use any premises for any of the purposes specified in that notice. 145-C. Completion certificate.— Every owner of a building within one month after completion of the construction of building shall apply to the competent authority for issue of completion certificate. The authority shall inspect the building and on being satisfied that the construction is as per the sanctioned plan, shall issue completion certificate within one month from the date of application.”. Amendment of 78. In section 151 of the principal Act, for the expression “the section 151. Collector”, the expression “the District Collector or any other officer” shall be substituted. Amendment of 79. In section 154 of the principal Act, to sub-section (2), the following section 154. proviso shall be added, namely:— “Provided that no work beyond the municipal limit shall be undertaken without obtaining the prior approval of the Government.”. Amendment of 80. In section 157 of the principal Act,— section 157. (1) for the expression “fees”, wherever it occurs, the expression “charges” shall be substituted; (2) after sub-section (2), the following sub-section shall be inserted, namely:— “(2-A) The council shall have the right to revise the charges every year and in case of new water supply scheme, the charges shall be collected or revised based on the expenditure incurred thereto in the manner as may be prescribed.”. Amendment of 81. In section 159 of the principal Act, after sub-section (2), the section 159. following sub-section shall be added, namely:— “(3) Where there is a sewerage system maintained by the municipality, the council shall fix the charges and security deposit for every house service connection, in accordance with the bye-laws framed for the purpose.”. Amendment of 82. In section 161 of the principal Act, in sub-section (1), for the section 161. expression “drainage” occurring in two places, the expression “drainage or sewerage” shall be substituted. Insertion of new 83. After section 161 of the principal Act, the following section shall section 161-A. be inserted, namely:— “161-A. Trespass on premises connected with water supply or sewerage.— (1) No person shall without permission enter upon any land belonging to, or vested with, the municipality along which a conduit or pipe runs or upon any premises connected with the water supply or sewerage. (2) Without permission of the council no private building, wall or other structure shall be erected and no private street shall be constructed over any municipal water mains or drainage or sewerage mains. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 189 (3) If any private building, wall or other structure is so erected or any private street is so constructed, the council may cause the same to be removed and recover the expenditure for such removal as an arrear of land revenue.”. 84. After section 164 of the principal Act, the following sections shall Insertion of new be inserted, namely:— sections 164-A and 164-B. “164-A. Grant of permit to sink well.— (1) No person shall, either himself or through any person on his behalf, engage in sinking any well in any area of the municipality for any purpose without obtaining a permit from the Commissioner: Provided that this sub-section shall not apply for sinking of well for domestic purpose: Provided further that this sub-section shall not apply to the “Scheduled area” as defined in clause (g) of section 2 of the Chennai Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987). (2) Any person desiring to sink a well shall apply to the Commissioner, for grant of permit for this purpose and shall not proceed with any activity connected with such sinking of well, unless a permit has been granted by the Commissioner. (3) Every application for grant of permit shall be made in such form and contain such particulars as may be prescribed, and shall be accompanied by such fee not exceeding ten thousand rupees, as may be prescribed. (4) On receipt of an application under sub-section (2), the Commissioner may grant, subject to such conditions and restrictions as he may specify, a permit authorising to sink well or refuse to grant such permit: Provided that no permit shall be refused unless the applicant has been given an opportunity of being heard. (5) The decision regarding the grant or refusal to grant the permit shall be intimated by the Commissioner to the applicant within such period as may be prescribed.

(6) Any person aggrieved by the decision of the Commissioner under sub-section (5) may, within such period and in such manner as may be prescribed, appeal to such authority as may be specified by the Government, by notification, in this behalf. (7) The owner of every well in use or disuse shall follow such safety measures, as may be prescribed. 164-B. Grant of certificate of registration to carry on business of sinking well.— (1) Every person desiring to carry on the business of sinking well in any area in the municipality shall apply to the District Collector for grant of a certificate of registration: Provided that this section shall not apply to the “Scheduled area” as defined in clause (g) of section 2 of the Chennai Metropolitan Area Ground Water (Regulation) Act,1987 (Tamil Nadu Act 27 of 1987). 190 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (2) Every application for grant of a certificate of registration shall be made in such form and contain such particulars as may be prescribed and shall be accompanied by such fee not exceeding twenty thousand rupees, as may be prescribed. (3) On receipt of an application under sub-section (1), the District Collector may grant, subject to such conditions and restrictions as may be specified, a certificate of registration or refuse to grant the certificate of registration: Provided that no certificate of registration shall be refused unless the applicant has been given an opportunity of being heard. (4) The decision regarding the grant or refusal to grant the certificate of registration shall be intimated by the District Collector to the applicant within such period as may be prescribed. (5) Any person aggrieved by the decision of the District Collector under sub-section (4) may, within such period and in such manner as may be prescribed, appeal to such authority as may be specified by the Government, by notification, in this behalf. (6) Every person carrying on the business of sinking well shall, while sinking a well or on completion of sinking a well, follow such safety measures, as may be prescribed. Explanation.— For the purpose of sections 164, 164-A and 164-B,— (a) “sink” with all its grammatical variations and cognate expressions includes digging, drilling, boring or deepening; (b) “well” means a well sunk for search or extraction of groundwater and includes an open well, dug well, bore well, dug-cum-bore well, tube well, filter point, collection well or infiltration gallery, but does not include a well sunk by the Government or Central Government for carrying out scientific investigation, exploration, development or management work for the survey and assessment of groundwater resources; (c) “person” includes a company or association of individuals, whether incorporated or not.”. Amendment of 85. In section 167 of the principal Act, the following expression shall section 167. be added at the end, namely:— “by following the standard operating procedure issued by the Government, from time to time.”. Amendment of 86. In section 170 of the principal Act, in sub-section (2), the following section 170. expression shall be added at the end, namely:— “by serving a notice to the owner or occupier. In default, the municipality shall carry out the work and recover the cost from the said owner or occupier as an arrear of land revenue.”. Amendment of 87. In section 171 of the principal Act, — section 171. (1) for the marginal heading, the following marginal heading shall be substituted, namely:— “Family welfare and small family norm.”. (2) the expression “population control project” shall be omitted. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 191 88. In section 172 of the principal Act, for the expression “the Council”, Amendment of the expression “the Commissioner” shall be substituted. section 172. 89. In section 173 of the principal Act shall be renumbered as sub- Amendment of section (1) of that section and in sub-section (1) as so renumbered,— section 173. (1) in clause (b), for the expression “the Commissioner or a Magistrate”, the expression “the Judicial Magistrate” shall be substituted; (2) after clause (c), the following clause shall be added, namely:— “(d) retain a corpse on any premises without cremating, burying or otherwise lawfully disposing off, for more than such period and in such manner, as may be prescribed;”; (3) after sub-section (1), as so amended, the following sub- sections shall be added, namely:— “(2) If any place whether public or private, used as a crematorium or burial ground is found to endanger public health or if any other place is found to be overcrowded with burials or for any other reason to be recorded, the Commissioner may, with the approval of the council, close such crematorium or burial ground, by a notification in the District Gazette. (3) Where sufficient modern crematoria are available in a municipality, the council may, by notification, ban open cremation within such municipal limit.”. 90. In section 175 of the principal Act,— Amendment of section 175. (1) for sub-sections (1), (2) and (3), the following sub-sections shall be substituted, namely:— “(1) It shall be the duty of the council to keep any public place clean, by adopting a system of collection of segregated waste at source, transportation, processing and disposal of solid waste scientifically in a place specifically allotted for this purpose as may be notified by the municipality, either within or outside the municipal limit. (2) All solid waste, rubbish and other materials collected by the municipality shall be the property of the municipality. The public shall segregate the solid waste at source and store in different containers and dispose the same as prescribed in the rules. The municipality shall provide appropriate facilities for the collection, storage, recycle, process and dispose of segregated solid waste received from various sources. (3) Where no proper drainage system is provided in the municipal limit or in any part thereof, the municipality may make necessary arrangements to collect, transport and to treat the collected drainage water scientifically and dispose of the same in such manner as may be prescribed.”; (2) in sub-section (4), the proviso shall be omitted; (3) in sub-section (5),— (a) in clause (b), for the expression “compost manure”, the expression “compost manure or bio-gas or electricity or any other product” shall be substituted; 192 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (b) for clause (d), the following clause shall be substituted, namely:— “(d) incineration, deep burial, autoclave, multiclave, for disposal of biomedical waste generated from the hospitals, nursing homes, health care centres, diagnostic centres, medical laboratories and non-industrial hazardous waste that may be notified by the Government, from time to time.”; (4) after sub-section (5) as so amended, the following sub- sections shall be added, namely:— “(6) It shall be the duty of the owners and the occupiers of all land and buildings in the municipality to keep their premises neat and clean. (7) The bio-medical waste from hospitals, nursing homes, health care centres, clinics and diagnostic laboratories shall not be mixed with municipal solid waste. (8) The municipality shall establish a separate system for plastic waste management including scientific processing and disposal as may be prescribed. (9) The municipality shall require the manufacturers or sellers of electrical and electronic materials to establish collection centre or a collection point or both, either individually or jointly, to collect, dispose or recycle the e-waste as may be prescribed. (10) The municipality shall collect the construction and demolition waste arising out of a new construction, modification and alteration of buildings separately and store in a specified area or process it as per the rules as may be prescribed. The council shall levy fees or charges from every construction and demolition waste generator for collection, transportation, processing and disposal as may be prescribed. (11) Any premises having insanitary latrines shall be demolished by the municipality and recover the expenditure for such demolition as an arrear of land revenue. (12) No person shall spit in streets, public buildings or in any other public place.”. Amendment of 91. In section 176 of the principal Act,— section 176. (1) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) The council may implement modern methods for collection, storage, transportation, scientific processing and disposal of solid waste as may be prescribed.”; (2) after sub-section (2), the following sub-section shall be added, namely:— “(3) The bulk waste generators shall establish their own processing facility for disposal of solid waste generated from their premises. In default, the council may arrange for handling such waste generated by the bulk waste generators by collecting such fee as may be prescribed.”. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 193 92. In section 177 of the principal Act,— Amendment of section 177. (1) in sub-section (2), for items (vi) and (vii), the following items shall be substituted, namely:— “(vi) as a public resort, or lodging house, or (vii) as a marriage hall or shopping mall, or (viii) as a religious place, ”. (2) after sub-section (3) including the proviso thereto, the following sub-sections shall be added, namely:— “(4) No person or owner or occupier of any land or building shall litter or deposit solid waste or allow any filth to flow at any public place or open land or otherwise dispose off the carcass other than the place specified therefor. (5) The municipality shall arrange for disposal of solid waste generated from the religious places where a temple, mosque, church, mutt, or any other place of religious importance, or institution or any place used for religious purpose or fairs, festivals, mass events, exhibitions held within the municipal limit based on the request in writing from the person having control over such places with such charges as may be determined by the council. (6) The council shall levy user charges from all the waste generators within the limit of municipality for disposal of solid waste. (7) No person shall commit a nuisance by relieving himself or defecate or urinate in any street or public place. (8) The Commissioner shall levy spot fine as determined by the council, from time to time, on the defaulters. Such spot fines may be collected by officers, not below the rank of Sanitary Inspector duly authorized by the municipality in this behalf.”. 93. After Chapter X, the following Chapter shall be inserted, namely:— Insertion of new Chapter X-A. “CHAPTER X-A. FAECAL SLUDGE AND SEPTAGE. 179-A. Definitions.— For the purpose of this Chapter,— (a) “disposal facility” means the arrangement made for the scientific treatment and disposal of faecal sludge and septage, as may be prescribed; (b) “licencing authority”, in relation to,— (i) a town panchayat, means the Executive Officer of the town panchayat; (ii) a municipal council or municipal corporation, means Commissioner of the municipal council or municipal corporation; 194 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (c) “faecal sludge” means raw or partially digested, in a slurry or semi solid form, of combinations of excreta and black water, with or without grey water; (d) “licencee” means any person who holds a licence granted under this Chapter; (e) “septage” means the liquid and solid material, that has accumulated or is contained, in a septic tank or cesspool; (f) “specified vehicle” means a vacuum truck or such other vehicle equipped with motorised pumps and storage tank of such specification, as may be approved, from time to time, under the Motor Vehicles Act, 1988 (Central Act 59 of 1988), for collecting and transporting faecal sludge and septage; (g) “worker” means any person engaged by a licencee for collection, transportation and disposal of faecal sludge and septage. 179-B. Licence for collection, transportation of faecal sludge and septage.— (1) No person shall collect, transport or dispose faecal sludge or septage from any building, whether used for residential or commercial or institutional purposes, within the municipal limits without a valid licence: Provided that no such licence is necessary for the collection, transportation and disposal of faecal sludge or septage by any local authority or statutory board of the Government. (2) Any person who intends to collect, transport or dispose faecal sludge or septage shall apply to the licencing authority for grant of licence in such form, containing such particulars, documents and with such fee not exceeding two thousand rupees, as may be prescribed. (3) Within thirty days from the date of receipt of an application under sub-section (2), the licencing authority may either grant the licence subject to such terms and conditions, as may be prescribed or refuse to grant licence, by recording the reason therefor. (4) The licence granted under sub-section (3) shall be valid for a period of two years from the date of issue. (5) Application for renewal of licence shall be made to the licencing authority, thirty days before the date of its expiry, in such Form together with such fee not exceeding two thousand rupees, as may be prescribed. (6) The time limit and procedure contained in sub-section (3) shall equally apply for renewal of licence. 179-C. Removal of faecal sludge and septage by owner or occupier.— The owner or occupier, as the case may be, of a building or part thereof located within the municipal limits shall,— (a) ensure construction of the septic tank or such on-site sanitation system conforming to the requirements of the National Building Code, 2016; TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 195 (b) conduct regular desludging as per the design and operations requirement of the septic tank or the on-site sanitation system as per the National Building Code, 2016; (c) ensure that no person other than a licencee is engaged or caused to be engaged for the collection, transportation or disposal of faecal sludge and septage from his building; (d) ensure that no person is engaged or employed, either directly or indirectly for hazardous cleaning of a septic tank or on-site sanitation system, as prohibited in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (Central Act 25 of 2013). 179-D. Duties of a licencee.— Every licencee shall,— (a) follow the terms and conditions in regard to the time, route and decantation place, as may be specified in the licence; (b) pay decantation fee not exceeding five hundred rupees per trip as may be prescribed, for usage of the disposal facility or the decantation place; (c) maintain a log book in the prescribed format for recording of each trip undertaken for collection, transportation and disposal of faecal sludge and septage and submit it to the licencing authority before the 10th day of every quarter in a year; (d) ensure that the specified vehicle is equipped with a Global Positioning System as may be prescribed and also ensure that the Global Positioning System instrument is functional and transmitting the data without any interruption. 179-E. Monitoring of desludging operations and prohibition of unsafe disposal.— (1) The licencing authority shall notify in the District Gazette and upload in the website or portal,- (a) the places for decanting the faecal sludge or septage; (b) the list of licencees and update them periodically; and (c) a mechanism for filing complaints or reporting violations against the licencees. (2) In the event of receipt of information of spillage of septage, the licencing authority shall immediately direct the licencee or the person in-charge of the specified vehicle to take action to contain the septage, minimise the environmental impact and remove all septage immediately from the site of spillage. (3) The licencing authority shall appoint such officers not lower in rank than that of Sanitary Inspector, to monitor the activities of the licencees within the municipal limits by means such as inspection or Global Positioning System fitted in the specified vehicles, to prevent disposal of faecal sludge and septage in places other than those identified for decanting. 196 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 179-F. Penalties.— If any person contravenes or fails to comply with, any of the provisions of this Chapter or the rules made under this Act or of the terms and conditions subject to which the licence has been granted, shall be punishable for the first offence with fine, which may extend to twenty five thousand rupees and for the second or any subsequent offence, which may extend to fifty thousand rupees. 179-G. Power to suspend or cancel licence.— (1) The licencing authority may suspend the licence, if the licencee commits breach of any of the terms and conditions of licence or any of the provisions of this Chapter. (2) The licencing authority may cancel the licence, if the licencee is imposed with penalty for the second offence under this Chapter: Provided that before passing an order of cancellation of licence, an opportunity of making a representation within a period of fifteen days shall be given to the licencee. 179-H. Power to seize and confiscate vehicles, articles, etc.— (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Chapter is believed to have been or is being committed, any officer, not lower in rank than that of a Tahsildar in Revenue department in the case of a town panchayat, the Commissioner in the case of a municipal council and any officer not lower in rank than that of an Assistant Commissioner in the case of a municipal corporation, may seize any vehicle or other articles including motor, pump, tube, tool or equipment used for the commission of such offence and shall without unreasonable delay, produce the same before the officer, authorised in this behalf by the Government. (2) Where any such vehicle or other article is produced before the authorised officer and if he is satisfied that an offence under this Chapter has been committed, the authorised officer may, whether or not prosecution is instituted for such offence, he may, without prejudice to any other penalty to which the offender is liable under this Chapter, order confiscation of the vehicle or the articles so seized: Provided that before passing an order of confiscation, the owner or the person from whom such vehicle or article is seized, shall be given— (a) notice in writing informing him of the grounds on which it is proposed to confiscate; (b) an opportunity of making a representation in writing and an opportunity of being heard in the matter. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 197 (3) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or the articles, to be sold by public auction. (4) Where any confiscated property is sold under sub-section (3), and where the order of confiscation made under this section is set aside or annulled by an order under section 179-I, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order. 179-I. Appeal.— (1) Any person aggrieved by an order made under this Chapter may appeal within such period and in such manner, and to such authority as may be prescribed. (2) In deciding the appeal, the authority specified under sub- section (1) shall follow such procedure, as may be prescribed, and the decision of such authority on such appeal shall be final and shall not be called in question in any Court of law.”. 94. In section 180 of the principal Act,— Amendment of section 180. (1) for the expression “ten thousand rupees”, the expression “twenty-five thousand rupees” shall be substituted; (2) in the proviso, for the expression “five hundred rupees”, the expression “one thousand rupees” shall be substituted. 95. After section 180 of the principal Act, the following section shall Insertion of new be inserted, namely: — section 180-A. “180-A. Penalty for sinking well without permit or registration.— Whoever contravenes any of the provisions of section 164-A or 164-B or the rules made thereunder shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to fifty thousand rupees.”. 96. For section 182 of the principal Act, the following section shall be Substitution of substituted, namely:— section 182. “182. Imprisonment in default of payment and application of costs, etc.— (1) In case any fine or costs imposed or assessed by a Judicial Magistrate under this Act or under any rule or bye-law made thereunder, has not been paid, the Judicial Magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations and conditions imposed in sections 64 to 70 (both inclusive) of the Indian Penal Code (Central Act XLV of 1860). (2) Any fine, costs, tax or other sum imposed or assessed by a Magistrate under this Act or under any rule or bye-law made thereunder, shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), as if it were a fine and the same shall, except in the case of fine, on recovery be paid to the municipality to be applied for the purposes of this Act.”. 198 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Insertion of 97. After section 186 of the principal Act, the following section shall section 186-A. be inserted, namely: — “186-A. Compounding of offences.— (1) Any offence punishable under this Act or rules or bye-laws made thereunder either before or after institution of prosecution, may be compounded by the Commissioner, on payment by that person, for credit to the municipality of such sum as the Commissioner may specify: Provided that the fine amount shall not exceed the amount of fine specified under this Act or rules or bye-laws made thereunder. (2) Where an offence is compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of such offence so compounded, and the offender, if in custody, shall be released forthwith. Amendment of 98. In section 189 of the principal Act,— section 189. (1) in clause (b), the word “or” at the end shall be omitted; (2) after clause (c), the following clauses shall be added, namely:— “(d) execution of city sanitation or treatment plant or composting centres; or (e) eviction of encroachments in municipality lands.”. Amendment of 99. In section 194 of the principal Act,— section 194. (1) in sub-section (1), in clause (c), for the expression “registered post”, the expression “registered post or publishing in the newspaper or website” shall be substituted; (2) in sub-section (3), for the expression “registered post”, the expression “registered post or publishing in the newspaper or website” shall be substituted. Substitution of 100. For section 197 of the principal Act, the following section shall section 197. be substituted, namely:— “197. Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of this Act as amended by the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022, the Government may, by order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act as amended by the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022 as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the period of two years from the date of commencement of the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022.”. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 199 101. In section 200 of the principal Act,-- Amendment of section 200. (1) in sub-section (1), after item (j), the following items shall be added, namely:— “(k) the Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu Act 7 of 2008); (l) the Erode City Municipal Corporation Act, 2008 (Tamil Nadu Act 8 of 2008); (m) the Vellore City Municipal Corporation Act, 2008 (Tamil Nadu Act 26 of 2008); (n) the Thoothukudi City Municipal Corporation Act, 2008 (Tamil Nadu Act 27 of 2008); (o) the Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu Act 24 of 2013); (p) the Dindigul City Municipal Corporation Act, 2013 (Tamil Nadu Act 25 of 2013); (q) the Hosur City Municipal Corporation Act, 2019 (Tamil Nadu Act 10 of 2019); (r) the Nagercoil City Municipal Corporation Act, 2019 (Tamil Nadu Act 11 of 2019); (s) the Avadi City Municipal Corporation Act, 2019 (Tamil Nadu Act 24 of 2019); (t) the Cuddalore City Municipal Corporation Act, 2022 (Tamil Nadu Act 1 of 2022); (u) the Kancheepuram City Municipal Corporation Act, 2022 (Tamil Nadu Act 2 of 2022); (v) the Sivakasi City Municipal Corporation Act, 2022 (Tamil Nadu Act 3 of 2022); (w) the Karur City Municipal Corporation Act, 2022 (Tamil Nadu Act 4 of 2022); (x) the Tambaram City Municipal Corporation Act, 2022 (Tamil Nadu Act 5 of 2022); (y) the Kumbakonam City Municipal Corporation Act, 2022 (Tamil Nadu Act 6 of 2022); and (z) the Tamil Nadu Urban Local Bodies (Suspension of Operation) Act, 2000 (Tamil Nadu Act 33 of 2000).”. (2) in sub-section (3), for the expression “commencement of this Act” occurring in five places, the expression “commencement of the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022” shall be substituted. 102. The whole of the principal Act, to the extent to which the Revival of operation of the said Act was suspended by the Tamil Nadu Urban Local operation of Bodies (Suspension of Operation) Act, 2000 (Tamil Nadu Act 33 of 2000) the principal Act. shall stand revived with effect on and from the date of commencement of the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022. (By Order of the Governor) C. GOPI RAVIKUMAR, Secretary to Government (Legislation), Law Department. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 99 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 5th May 2023 and is hereby published for general information:— ACT No. 19 OF 2023 An Act 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-fourth Year of the Republic of India as follows:- 1. (1) This Act may be called the Tamil Nadu Urban Local Bodies Short title and (Amendment) Act, 2023. commence- ment. (2) It shall be deemed to have come into force on the 13th day of April 2023. Tamil Nadu Act 9 2. For section 91 of the Tamil Nadu Urban Local Bodies Act, 1998 Substitution of of 1999. (hereinafter referred to as the principal Act), the following section shall section 91. be substituted, namely: — “91. Levy and collection of education tax.— The council may levy education tax within its area at such rate not exceeding five per cent of the annual value of all lands, buildings, telecommunication towers and storage structures built on or attached to land, as the council may determine, and collect such tax.”. 100 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Validation. 3. Notwithstanding anything contained in the principal Act, the education tax levied, collected or paid under the principal Act during the period commencing on and from the 13th day of April 2023 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, shall, for all purposes be deemed to be, and to have always been validly levied, collected or paid in accordance with law as if section 91 of the principal Act, as substituted by section 2 of this Act had been in force at all material times when such tax was levied, collected or paid and accordingly all acts, proceedings or things done or taken by any authority or officer in connection with the collection or payment of such tax shall for all purposes be deemed to be and to have always been validly done or taken in accordance with law. (By Order of the Governor) C. GOPI RAVIKUMAR, Secretary to Government (Legislation), Law Department. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 105 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 5th July 2024 and is hereby published for general information:— ACT No. 24 OF 2024. An Act 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-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Urban Local Short title and Bodies (Amendment) Act, 2024. commencement. (2) It shall be deemed to have come into force on the 15th day of March 2024. Tamil Nadu Act 9 2. In section 3 of the Tamil Nadu Urban Local Bodies Act, Amendment of of 1999. 1998,— section 3. (1) in sub-section (1), in clause (c), for the expressions “three lakhs” and “thirty crores of rupees”, the expressions “two lakhs” and “twenty crores of rupees” shall, respectively, be substituted; (2) after sub-section (1), the following sub-section shall be inserted, namely:— “(1-A) Notwithstanding anything contained in sub- section (1), the Governor may, by notification, having regard to the percentage of employment in non-agricultural activities, the economic, historic or touristic importance or such other factors as he deems fit, declare his intention to constitute any local area as a town panchayat, a municipal council or a municipal corporation, as the case may be.”. (3) in sub-section (2), in clause (b), after the expression “under sub-section (1)”, the expression “or under sub-section (1-A)” shall be inserted. (By Order of the Governor) S. GEORGE ALEXANDER, Secretary to Government, Law Department. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 107 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 5th July 2024 and is hereby published for general information:— ACT No. 25 OF 2024. An Act 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-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Urban Local Short title and Bodies (Second Amendment) Act, 2024. commencement. (2) (a) Sub-section (1) of section 36 shall be deemed to have come into force on the 13th day of April 2023. (b) All other sections shall come into force on such date as the State Government may, by notification, appoint. Tamil Nadu Act 9 of 2. In section 2 of the Tamil Nadu Urban Local Bodies Act, 1998 Amendment of 1999. (hereinafter referred to as the principal Act),— section 2. (1) in clause (10), for the expression “municipality”, the expression “municipal council” shall be substituted; (2) in clause (45), for the expression “municipality”, the expression “municipal council” shall be substituted; (3) in clause (46), for the expression “municipality”, the expression “municipal council” shall be substituted; (4) in clause (48), for the expression “municipality”, the expression “municipal council” shall be substituted. 3. In section 3 of the principal Act, in sub-section (2), clause (h) Amendment of shall be omitted. section 3. 4. After section 3 of the principal Act, the following section shall Insertion of be inserted, namely:— section 3-A. “3-A.Transitional provisions on the constitution or extension of the area of the municipality.— (1) When the municipality is constituted or extended, all property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the municipality or the panchayat constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), of which local area is included as well as all liabilities legally subsisting against such municipality or panchayat, as the case may be, on and from the date of the notification, by which such constitution or extension of the municipality is declared, shall, subject to such directions as the Government may, by general or special order, give in this behalf, vest with the municipality constituted or to which such areas have been included. 108 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (2) All arrears of taxes or other payments by way of composition for a tax, or due for expenses or compensation or otherwise, except such arrears or payments in respect of water supply and sewerage services, in respect of the Chennai Metropolitan Area, due to such municipality or panchayat, as the case may be, on the date of such notification, shall be recovered as if they had accrued to the municipality constituted or to which such areas have been included and shall be recovered as if such arrears or payments had become due under the provisions of this Act. (3) All taxes, fees and duties, which immediately before the date of such notification, were being levied by such municipality or panchayat, as the case may be, shall be deemed to have been levied by the municipality constituted or to which such local areas have been included, under the provisions of this Act and shall continue to be in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by, anything done or any action taken under this Act. (4) All proceedings taken by, or against, such panchayat or authority or any person under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), shall be continued by, or against, the municipality or authority or person as if such proceedings had been commenced under the provisions of this Act. (5) Any action taken under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) by any authority before the date of such notification, shall be deemed to have been taken by the authority competent to take such action under this Act, as if this Act had then been in force. (6) Notwithstanding anything contained in this Act, every officer or employee who, immediately before the date of such notification, was in the service of such municipality or panchayat, as the case may be, shall, on and from the date of such notification, be deemed to be an officer or employee of the municipality constituted or to which such local areas have been included: Provided that— (a) the terms and conditions applicable to such officer or employee consequent on his absorption in the service of the municipality constituted or to which such local areas have been included shall not be less favourable than those applicable to such officer or employee immediately before the date of such notification, as regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and (b) the service rendered by such officer or employee under such panchayat, upto the date of such notification, shall be deemed to be the service under the municipality constituted or to which such local areas have been included and he shall be entitled to count that service for the purpose of increments, leave, pension, provident fund and gratuity: TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 109 Provided further that such officer or employee serving in such panchayat, shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in the service of the municipality to which such local areas have been included or to be transferred to the service referred to in sections 104 and 105 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) or to be retrenched from the service of such panchayat, and on such retrenchment, he shall be eligible for such benefits as may be prescribed. 5. In section 32 of the principal Act, after sub-section (1), the Amendment of following sub-section shall be inserted, namely:— section 32. “(1-A) In the case of a person who ceased to be a Chairperson or councillor under sub-section (1), the matter shall be reported by the Commissioner to the council and the Tamil Nadu State Election Commission.”. 6. In section 44 of the principal Act, in sub-section (6), the Amendment of expression “or Taxation Appeals Tribunal, as the case may be” shall section 44. be omitted. 7. In section 78 of the principal Act, for sub-sections (2), (3) and Amendment of (4), the following sub-sections shall be substituted, namely:— section 78. “(2) (a) No sale, gift or exchange of any land or any other immovable property belonging to the municipality shall be made by the council: Provided that where any municipal land or any other immovable property 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, gift or exchange of such land or building. (b) No such sale, gift or exchange of land or any other immovable property belonging to the municipality shall be made without the sanction of the Government. (c) Such sale, gift or exchange of immovable property under this sub-section shall be made at such rate as may be specified by the Government. (3) The council may grant licence, lease or rent out the land or buildings belonging to it for use and occupation for a period not exceeding,— (i) three years to the general public for non-commercial purpose; (ii) nine years to the Central or State Government Departments, Public Sector Undertakings or statutory bodies owned or controlled by the Central or State Government; (iii) twelve years, in the case of commercial shopping complexes: Provided that no such licence, lease or rent out shall be granted for a period exceeding three years at a time; 110 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (iv) twenty years, in the case of agricultural land for agricultural purpose: Provided that the Government may, in special and extraordinary circumstances, allow the council to sanction long lease beyond the period prescribed in this sub-section for the following bonafide public purposes, namely:— (i) Educational purpose; (ii) Medical purpose; (iii) Charitable purpose; (iv) Social welfare activities; (v) Minority welfare activities. (4) After the completion of the period prescribed in sub-section (3), no extension or renewal of lease, licence or rent out shall be permitted and any application for the same shall be considered afresh in accordance with the provisions of this Act. (5) (a) Licence fee, lease rent or rent shall be paid,— (i) for the first year, at the time of handing over of land or building; and (ii) for every subsequent year, before the 28th day of February of the previous year: Provided that for renting of shops in shopping complexes or public markets, the collection of rent shall be made every month; (b) A penal interest at the rate of twelve per cent simple interest shall be levied for licence fee, lease rent or rent that is not paid within the prescribed date when it is due. (c) The licence fee, lease rent or rent shall be enhanced every year by five per cent during the duration of the licence or lease. Amendment of 8. In section 82 of the principal Act, after sub-section (2), the section 82. following sub-section shall be inserted, namely:— “(2-A) Any such return filed under clauses (b) and (c) of sub-section (2) shall be accompanied by such fee as may be prescribed for such reassessment of property tax.”. Amendment of 9. In section 83 of the principal Act, in sub-section (2), in the section 83. proviso, for clause (a), the following clause shall be substituted, namely:— “(a) in the case of any building of a class not ordinarily let, the gross annual value shall be calculated as per the basic zonal value or basic street rate, as may be prescribed and in case, in the opinion of the Commissioner, the gross annual value cannot be estimated based on such basic zonal value or basic street rate, as the case may be, the annual value of the premises shall be deemed to be six per cent of the total estimated value of the land and estimated present cost of construction of the building, after deducting a reasonable amount towards depreciation which shall in no case be less than ten per cent of such cost.”. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 111 10. In section 84 of the principal Act,— Amendment of section 84. (1) in sub-section (1), for the expression “thirty days”, the expression “one month” shall be substituted; (2) after sub-section (3), the following sub-section shall be inserted, namely:— “(4) Nothing contained in this section shall apply to the properties owned by the Central or State Governments, public sector undertakings or statutory bodies owned or controlled by the Central and State Governments.”. 11. For section 97 of the principal Act, the following section Substitution of shall be substituted, namely:— section 97. “97. Power to assess escaped assessment.— Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Chapter has escaped assessment in any half-year or year or has been assessed in any half-year or year at a rate lower than the rate at which he is assessable, or in the case of property tax has not been duly assessed in any half-year or year consequent on the building or land concerned having escaped proper assessment, the Commissioner may, at any time, serve on such person a notice assessing him to the tax or fee due and demanding payment thereof within fifteen days from the date of such service of notice and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if the assessment was made in the half-year or year to which tax or fee relates: Provided that no arrears of tax or fee shall be collected for more than last six years.”. 12. In section 116 of the principal Act,— Amendment of section 116. (i) the expression “tax” shall be omitted; (ii) for the expression “an arrear of land revenue”, the expression “an arrear of a tax under section 116-A” shall be substituted. 13. In section 117-B of the principal Act,— Amendment of section 117-B. (1) in sub-section (2), in the proviso, for the expression “employee”, the expression “person” shall be substituted; (2) in sub-section (4), for the expression “Cantonments Act, 1924 (Central Act II of 1924)”, the expression “Cantonments Act, 2006 (Central Act 41 of 2006)” shall be substituted. Substitution of 14. For section 117-G of the principal Act, the following section section 117-G. shall be substituted, namely:— “117-G. Appeal.— (1) Any person or employer aggrieved by any order or decision of the Commissioner in relation to the payment of tax (including penalty, fee and interest) may, within such time as may be prescribed, appeal to the Taxation Appeals Committee. 112 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (2) The decision of the Taxation Appeals Committee shall be final and shall not be questioned in any court of law: Provided that no such decision shall be made except after giving the person affected a reasonable opportunity of being heard.”. Amendment of 15. In section 117-L of the principal Act, for sub-sections (1) section 117-L. and (2), the following sub-sections shall be substituted, namely:— “(1) Every person who intends to erect hoarding at any place shall register his name with the municipality in such Form with such fee, as may be prescribed. (2) Any registered person under sub-section (1) may apply to the Commissioner for a licence for erection of any hoarding. (2-A) Every application for licence under sub-section (2) shall be made to the Commissioner in such form, containing such particulars, with such application fee, as may be prescribed.”. Amendment of 16. In section 117-M of the principal Act, to sub-section (2), the section 117-M. following proviso shall be added, namely:— “Provided that in case of political event, such application shall be made at least three days prior to the date of erection of digital banner or placard.”. Amendment of 17. In section 117-O of the principal Act, for the expression section 117-O. “as an arrear of land revenue”, the expression “as an arrear of tax under section 116-A” shall be substituted. Amendment of 18. In section 117-P of the principal Act, in sub-section (2), for section 117-P. the expression “as an arrear of land revenue”, the expression “as an arrear of tax under section 116-A” shall be substituted. Substitution of 19. For section 117-S of the principal Act, the following section section 117-S. shall be substituted, namely:– “117-S. Power to grant rights to advertise and to build or maintain public asset in properties vested with the municipality.— (1) Subject to the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) or any other law for the time being in force, the Commissioner may grant right to any person or a class of persons or any institution or organisation,— (a) to display advertisement on contract; or (b) to build or maintain a public asset by public private partnership basis, by inviting tenders under the provisions of the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998). (2) Any amount paid to the municipality under sub-section (1) shall be in addition to, and distinct from, the licence fee to be paid under section 117-L or section 117-M, as the case may be. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 113 (3) Notwithstanding anything contained in this section, the council may allow any person or a class of persons or any institution or organisation that maintains a public asset belonging to, or vested with, the municipality at its own cost, to display their own advertisement.”. 20. In section 117-T of the principal Act, for the expression “as Amendment of an arrear of land revenue” occurring in two places, the expression section 117-T. “as an arrear of tax under section 116-A” shall be substituted. 21. In section 118 of the principal Act, in sub-section (5), the Amendment of expression “after obtaining orders from the Director” shall be added section 118. at the end. 22. In section 119 of the principal Act, in the marginal heading, Amendment of for the expression “erection of”, the expression “construction of” section 119. shall be substituted. 23. In section 120 of the principal Act,— Amendment of section 120. (1) in sub-section (2), for the expression “the Commissioner”, the expression “the Member Secretary of the Chennai Metropolitan Development Authority in the case of the Chennai Metropolitan Planning Area and the Director of Town and Country Planning in the case of other areas”, shall be substituted; (2) in sub-section (6), for the expression “the Commissioner” occurring in two places, the expression “the Member Secretary of the Chennai Metropolitan Development Authority in the case of the Chennai Metropolitan Planning Area and the Director of Town and Country Planning in the case of other areas”, shall be substituted. 24. In section 122 of the principal Act, for the expression “the Amendment of Tamil Nadu Slum Clearance Board”, the expression “the Tamil Nadu section 122. Urban Habitat Development Board”, shall be substituted. 25. In section 128 of the principal Act,— Amendment of section 128. (1) in sub-section (1),— (a) in clause (a), for the expression “street or public place or the land”, the expression “street, public place, water body, tank, other water resources or any land” shall be substituted;

(b) in clause (b),— (i) for the expression “street or public place or the land”, the expression “street, public place, water body, tank, other water resources or any land” shall be substituted; (ii) for the expression “seven days”, the expression “fifteen days” shall be substituted; (2) in sub-section (2), for the expression “any public street or any land”, the expression “any public street, water body, tank, other water resources or any land” shall be substituted. 114 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Amendment of 26. In section 133 of the principal Act, for sub-sections (8), section 133. (9), (10) and (11), the following sub-sections shall be substituted, namely:— “(8) Where no permission has been granted and where the application has not been returned for rectifying the defects for furnishing any other particulars, the applicant may file a copy of the building application together with the details to the Member Secretary of the Chennai Metropolitan Development Authority in the case of the Chennai Metropolitan Planning Area or the Director of Town and Country Planning in other areas, as the case may be, within one month from the date of expiry of the time limit for grant of permission referred to in sub-section (6). (9) On receipt of an application, the Member Secretary of the Chennai Metropolitan Development Authority or the Director of Town and Country Planning, as the case may be, shall, after verifying the correctness of the particulars furnished in the application and satisfying himself that the proposed building construction is in accordance with the provisions of this Act and the rules made thereunder, grant permission or refuse to grant permission for reasons to be recorded in writing within thirty days from the date of receipt of the application. (10) Any person objecting to an order passed by the Commissioner under sub-section (6) or the Member Secretary of the Chennai Metropolitan Development Authority or the Director of Town and Country Planning, as the case may be, under sub-section (9) may, within a period of forty-five days from the date of receipt of the order prefer an appeal to the Government in such form and shall be accompanied by such fee as may be prescribed: Provided that the Government may, admit an appeal preferred after the expiration of such period, if they are satisfied that the petitioner had sufficient cause for not preferring the appeal in time. Explanation.— For the purpose of this sub-section and sub-section (11), “Government” means the Government in Housing and Urban Development Department. (11) The Government may, after considering the grounds of appeal, either confirm or set aside, cancel or in any way modify the order of the Commissioner or Member Secretary of the Chennai Metropolitan Development Authority or the Director of Town and Country Planning, as the case may be: Provided that no order prejudicial to the appellant shall be passed without giving him an opportunity of being heard.”. Amendment of 27. In section 135 of the principal Act, after sub-section (6), the section 135. following sub-section shall be added, namely:— “(7) If in any case where no action has been taken in pursuance of any notice issued by the Commissioner under sub-section (1) directing the person to regulate the construction, re-construction or modification of any building in accordance with the rules and within the time limit referred to in the said sub-section, the Commissioner may lock and seal the building or remove or demolish unauthorised construction. The cost of expenditure incurred by the municipality towards such removal or demolition shall be recovered from the person concerned as an arrear of tax under section 116-A.”. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 115 28. In section 137 of the principal Act, for the expression “as an Amendment of arrear of land revenue”, the expression “as an arrear of tax under section 137. section 116-A” shall be substituted. 29. In section 145 of the principal Act, in sub-section (2) for the Amendment of expression “as an arrear of land revenue”, the expression “as an section 145. arrear of tax under section 116-A” shall be substituted. 30. In section 155 of the principal Act, in sub-section (3), in Amendment of the proviso, for the expression “shall not continue any other system section 155. of disposal already in existence in that building”, the expression “shall not continue or resort to any other means of sewage disposal such as septic tank, cess-pool or sewage disposal vehicles” shall be substituted. 31. In section 161-A of the principal Act, in sub-section (3), for Amendment of the expression “as an arrear of land revenue”, the expression “as section 161-A. an arrear of tax under section 116-A” shall be substituted. 32. In section 170 of the principal Act, in sub-section (2), for the Amendment of expression “as an arrear of land revenue”, the expression “as an section 170. arrear of tax under section 116-A” shall be substituted. 33. In section 173 of the principal Act, in sub-section (1), in clause Amendment of (b), for the expression “the Judicial Magistrate”, the expression “the section 173. Commissioner or Judicial Magistrate” shall be substituted. 34. In section 175 of the principal Act, in sub-section (11), for Amendment of the expression “as an arrear of land revenue”, the expression “as section 175. an arrear of tax under section 116-A” shall be substituted. 35. In section 194 of the principal Act, in sub-section (1), for Amendment of clause (a), the following clauses shall be substituted, namely:— section 194. “(a) by sending the said document to such person by electronic means as may be prescribed; or (aa) by giving or tendering the said document to such person; or” 36. In section 198 of the principal Act,— Amendment of section 198. (1) in sub-section (1), for the expression “may make rules”, the expression “may make rules prospectively or retrospectively” shall be substituted; (2) in sub-section (3),— (a) for the expression “Special Grade Municipalities”, the expression “Special Grade Municipal Councils” shall be substituted; (b) for the expression “Selection Grade and First Grade Municipalities”, the expression “Selection Grade and First Grade Municipal Councils” shall be substituted; (c) for the expression “Second Grade Municipalities”, the expression “Second Grade Municipal Councils” shall be substituted. 116 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Insertion of section 37. After section 199 of the principal Act, the following section 199-A. shall be inserted, namely: — “199-A. Application of the Tamil Nadu Act II of 1888.— The provisions of the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888) shall apply to the municipalities.”. Amendment of 38. In section 200 of the principal Act,— section 200. (1) in sub-section (1), clause (h) shall be omitted. (2) in sub-section (3), in clause (e), for the expression “municipalities” occurring in two places, the expression “municipal councils” shall be substituted. (By order of the Governor) S. GEORGE ALEXANDER, Secretary to Government, Law Department.