COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
(1) This act may be called THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.
(2) It extends to the City of Coimbatore.
(3) It shall come into force on such date, as the Government may, by notification appoint.
In this Act, unless the context otherwise requires,-
(1) “appoint” includes to appoint temporarily or in an officiating capacity;
(2) “appointment” includes temporary and officiating appointments.
(3) “budget grant” means any sum entered on the expenditure side of a budget estimate which has been adopted by the council;
(4) “building” in0cludes –
(a) a house, out-house, stable, latrine, godown, shed, hut and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever.
(b) a structure on wheels or simply resting on the ground without foundations, and
(c) a ship, vessel, boat, ten
(1) There shall be a corporation charged with the municipal government of the City of Coimbatore to be known as the Municipal Corporation of Coimbatore.
(2) The Corporation shall, by the said name, be a body corporate, shall have perpetual succession and a common seal and subject to any restrictions or qualifications imposed by this Act or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding or transferring property movable or immovable, of entering into contracts and of doing all things necessary for the purpose of its constitution.
(3) For the efficient performance of the functions of the corporation, there shall be the following municipal authorities of the corporation, namely;-
(a) council,
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(1) Subject to the provisions of sub-sections (2) and (3), the Tamil Nadu District Municipalities Act, 1920, (Tamil Nadu Act V of 1920) shall, with effect from the date of commencement of this Act, cease to apply to the city.
(2) Such cesser shall not affect –
(a) the previous operation of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) in respect of the City,
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), or,
(c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such penalty, forfeiture or punishment may be imposed as if this Act had not
(1) The council shall consist of seventy-two councilors elected in the manner laid down in this Act.
(2) The following persons shall also be represented in the council, namely:-
(a) five persons who are not less than twenty-five years of age and who have special knowledge or experience in municipal administration, to be nominated by the Government: Provided that the person nominated under this clause shall not have the right to vote in the meetings of the council;
(b) the members of the House of the People representing constituencies which comprise wholly or partly the area of the corporation and the members of the Council of States registered as electors within the area of the corporation;
(c) as nearly as possible one-fifth of the members of the T
(1) The City shall be divided into number of zones specified in column (1) of Schedule VIII and each zone shall be known by the name specified in column (2) of that Schedule and each zone shall extend to the areas comprised in the divisions specified against that zone in column (3) of the said Schedule.
(2) The Government may, after consultation with the corporation, from time to time, by notification, alter the names, increase or diminish the area of any zone specified in column (3) of Schedule VIII.
5-B Duration of corporation- (1) The corporation, unless sooner dissolved under section 50, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.
(2) An election to constitute the corporation shall be completed –
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(1) There shall be six standing committees for dealing respectively with-
(1) Accounts,
(2) Education,
(3) Health,
(4) Taxation and Finance, excluding Taxation Appeals,
(5) Town Planning and Improvements, and
(6) Works.
(2) Wherever in this Act the expression “ the standing committee” occurs it shall, unless the context otherwise requires, be deemed to refer to the particular standing committee to which the power or duty in connection with which the expression is used, it assigned by this Act or by regulations made by the council; and all references to the standing committee in any other law shall be construed as ref
(1) Every standing committee shall consist of six members elected by the council from among its councilors by a majority of the councilors present and voting in accordance with such procedure as may be prescribed; and the chairman of such standing committee shall be elected by such standing committee Subs. By Tamil Nadu Act 26 of 1994. [from among its member who is a councilor] on such date as may be fixed by the Mayor in this behalf in accordance with such procedure as may be prescribed.
Provided that no councilor shall be a member of more than one standing committee at the same time.
Proviso added by ibid. [Provided further that in every standing committee, there shall be one member elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee]
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(1) The term of office of chairman of any standing committee constituted under this Act, shall be only one year from the date of his election as such chairman; and an outgoing chairman of any standing committee shall not be eligible for re-election.
(2) If a vacancy occurs in the office of chairman of any standing committee, the Mayor shall convene a meeting of that committee for the election of another chairman and the chairman elected at such meeting shall be entitled to hold office as such only so long as the person in whose office he is elected would have been entitled to hold office if the vacancy had not occurred.
(1) Subject to he provisions of this Act and the rules made thereunder and subject to the previous approval of the Government, the council shall, by regulations framed for the purpose, determine the powers and duties of the standing committees.
(2) The council shall sanction such staff as may reasonably be required by each standing committee to discharge its functions.
(3) The standing committee on accounts in addition to the powers and duties assigned to it under such regulation,-
(a) shall supervise the utilization of the budget grants;
(b) shall have access to the accounts of the corporation and may require the commissioner to furnish any explanation which it considers to be necessary as to the receipts and expenditure of the municipal fund;
&
The council may, with the previous sanction of the Government, constitute additional standing committees for such purposes as the council thinks fit.
Secs. 10A, 10B, 10C & 10D. Ins. by ibid.
(1) For each zone there shall be a Wards Committee which shall consist of-
(a) all the councilors elected from the divisions comprised in that zone; and
(b) the persons, if any, nominated by the Government under clause (a) of sub-section (2) of section 5, if his name is registered as an elector within the territorial limits of the zone concerned.
(2) the Wards Committee shall be deemed to have been constituted from the date on which the corporation is constituted after each ordinary election.
The Provisions of sections 7 and 8 shall apply in relation to the election of chairman of a Wards Committee as they apply in relation to the election of chairman of standing committee.
(1) Subject to the provisions of this Act, every Wards Committee shall exercise the powers and perform the functions as specified in Schedule IX on behalf of the corporation in relation to that zone.
(2) The Government may, after consultation with the corporation, by notification, named Schedule IX.
(3) When any question arises as to whether any matter falls within the purview of a Wards committee or the corporation, it shall be referred to the Government and the decision of the Government thereon shall be final.
(4) The procedure to be adopted by the Wards Committee for transaction of its business shall be such as may be prescribed.
(5) The duration of the Wards Committee shall be co-extensive with the duration of the corporation.
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the corporation shall be vested the Stated Elected Commission consisting of a state Election Commissioner to be appointed by the Governor under Article 243-K of the Constitution.
(2) The Governor shall, when so requested by the State Election Commission make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by sub-section (1).]
(1) There shall be a commissioner who shall be appointed by the Government.
(2) The Government may appoint such other officers to assist the commissioner as may be necessary.
(3) The commissioner and other officers appointed under sub-section (2) shall be whole-time officers of the corporation and shall not undertake any work unconnected with their offices without the sanction of the council and the Government.
(4) The Government may recover from the corporation the whole of the salary and allowances paid to the commissioner, and other officers appointed under sub-section (2) and such contribution towards their leave allowances, pension and provident fund as the Government may, by general or special order, determine.
(5) Subject to the provisions of section 12, the Government shall have pow
The Government may, at any time, withdraw the commissioner from office and shall do so if such withdrawal is recommended by a resolution of the council passed at a special meeting called for the purpose and supported by the votes of such number of councilors as shall constitute not less than two-thirds of the sanctioned strength of the council.
(1) Subject, whenever it is hereinafter expressly directed, to the sanction of the council or the standing committee, as the case may be, and subject to all other restrictions, limitation and conditions as may be prescribed or as are hereinafter imposed in this Act, the executive power for the purpose of carrying out of the provisions of this Act shall be vested in the commissioner.
(2) The commissioner may, without the sanction of the council incur petty contingent expenditure incidental to the municipal administration, not exceeding five hundred rupees in each case:
Provided that-
(a) provision to meet the expenditure is a available under the relevant head of account in the budget framed by the council, with the modifications, if any, made therein by the Government; and
The commissioner shall be responsible for the custody of all the records of the corporation including all papers and documents connected with the proceedings of the council, the standing committees and other committees and shall arrange for the performance of such duties relating to the proceedings of the said bodies as they may respectively impose.
The commissioner may, in case of emergency direct the execution of any work or the doing of any act which would ordinarily require the sanction of any municipal authority and the immediate execution or doing of which is, in his opinion, necessary for the service of safety of the public and may direct that the expense of executing the work or of doing the act shall be paid from the municipal fund:
Provided that he shall report forthwith the action taken under this section and the reasons therefore to such authority.
The commissioner or other officers appointed under sub-section(2) of section 11 shall be paid out of the municipal fund such salary and allowances as may from time to time be fixed by the Government.
If the commissioner or other officers appointed under sub-section(2) of section 11 is a civil or military officer in the service of the Government, the corporation shall make such contribution towards his leave allowances, pension and provident funds as may be required by the conditions of his service under the Government to be paid by him or on his behalf.
The commissioner may delegate any of the powers, duties or functions conferred or imposed upon or vested in him by or under this Act to the holder of any municipal office:
Provided that-
(a) such delegation shall be in writing and a copy of the order of delegation shall be laid before the council at the meeting held next after the order of delegation is made:
(b) when the commissioner delegates under this section any power, duty, or function which is exercisable or is required to be performed subject to the approval of any other municipal authority, the commissioner shall send a copy of the order of delegation to such authority.
The exercise or discharge by the holder of any municipal office of any powers, duties or functions delegated to him under section 18, shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the commissioner and shall also be subject to his control and revision.
The commissioner may, on his own responsibility and by an order in writing, authorize the holder of any municipal office or any person in temporary charge of the duties of such municipal office to exercise the extraordinary powers conferred on him by section 15.
(1) In any case in which it is provided by this Act or any other law that the commissioner may take action subject to the approval, sanction, consent or concurrence of a standing committee, the committee may, by resolution in writing, authorize him to take action in anticipation of its approval, sanction, consent or concurrence subject to such conditions as may be specified in such resolution.
(2) Whenever the commissioner, in pursuance of such resolution, takes any action in anticipation of the approval, sanction, consent or concurrence of standing committee he shall forthwith inform the committee of the fact.
Functions of council (1) Subject to the provisions of this Act, the municipal government of the City shall vest in the council, but, the council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to a standing committee or the commissioner.
(2) If any doubt arises as to the municipal authority to which any particular function pertains, the Mayor shall refer the matter to the Government whose decision thereon shall be final.
(3) Without prejudice to the generality of sub-section (1), it shall be the duty of the council to consider all periodical statement of receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
Notes
Sec.22 – Functions of Council – extent of – Case decided with reference to Ma
(1) The standing committees and the commissioner shall be bound to give effect to every resolution or order of the council unless such resolution or order is cancelled in whole or in part by the Government.
(2) If, in the opinion of the commissioner, any resolution or order of the council or a committee constituted under this Act, contravenes any provision of this or any other Act or of any rule, notification, regulation, or by-law 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 authorizing the doing of any action contemplated in such resolution or order, or if the doing of any such action contemplated in such resolution or order involves expenditure in excess of the amount provided for in the budget of the council, or it there would be any miscarriage of justice in the implementation of such resolution or order relating to corporati
(1) Any councilor may call the attention of the proper authority to any neglect in the execution of municipal work, to any waste of municipal property or to the wants of any locality, and may suggest any improvements which he considers desirable.
(2) Every councilor shall have the right to interpellate the Mayor on matters connected with the administration subject to such regulations as may be framed by the council.
(3) Every councilor shall have access during office hours to the records of the corporation after giving due notice to the commissioner, provided that the commissioner may for reasons given in writing forbid such access. The councilor may appeal against such order to the Mayor or whose decision thereon shall be final.
Neither the Mayor nor the Deputy Mayor, nor any councilor shall receive or be paid, from the funds at the disposal of or under the control of the corporation, any salary or other remuneration for services rendered by him in any capacity whatsoever;
Provided that nothing in this section shall apply to the payment of any conveyance allowance or travelling allowance to the Mayor or the Deputy Mayor or any councilor by the corporation at such rates as may be prescribed;
(1) The council or a standing committee may at any time require the commissioner –
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as commissioner.
(b) to furnish any return, plan, estimate, statement, account or statistics connected with the municipal administration,
( c) to furnish a report by himself or to obtain from any head of department subordinate to him and furnish, with his own remarks thereon, a report upon any subject, connected with the municipal administration;
(2) The commissioner shall comply with every such requisition unless in his opinion immediate compliance there with would be prejudicial to the interests of the corporation or of the public, in which case, he shall make a declaration in writing to that
The council may at any time call for an extract from Subs. By Tamil Nadu Act 26 of 1994 [ the proceedings of a standing committee or a wards committee] or of any other committee or for any return, statement, account or report connected with any matter with which such committee is empowered to deal; and every such requisition shall be complied with by such committee.
(1) The council may, and if so required by the Government shall, joint with one, or more than other local authority in constituting a joint committee for any purpose in which they are jointly interested or for any matter for which they are jointly responsible.
(2) A joint committee may include persons who are not members of the local authorities concerned, but who may in their opinion possess special qualifications or special interest for serving on such committee;
Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee.
(3) the constitution of a joint committee shall be by means of regulations which shall not except in the cases referred to in sub-sections (6) and (7), have effect unless assented to by each, of the local author
(1) The Mayor or shall be elected by the persons whose names appear in the voters list for the divisions from among themselves in accordance with such procedure as may be prescribed;
(b) If at an ordinary or casual election, no Mayor is elected, a fresh election shall be held;
Provided that a person who stands for election as Mayor shall not be eligible to stand for election as a councilor ;
Provided further that a person who stands for election as a councilor shall not be eligible to stand for election as Mayor;
Provided also that no councilor shall be eligible to stand for election as Mayor.
(2) The election of the Mayor may be held ordinarily at the same times and in the same places as the ordinary ele
(1) The Deputy Mayor shall be elected by the councilors from among themselves in accordance with such procedure as may be prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of one year from the date of his election and he shall continue as such Deputy Mayor until the election of his successor in office, provided that in the mean time he does not cease to be a councilor].
Sec. 31. Omitted by Tamil Nadu Act 26 of 1994.
An out going Mayor or Deputy Mayor is eligible for re-election ]
The council and the standing committees shall observe the procedure laid down in Schedule I and may make supplementary regulations not inconsistent, therewith, or with other provisions of this Act or any rules made by the Government, for the conduct of their respective proceedings and also for the maintenance of order at their meetings.
(1) Every meeting of the council shall be presided over by the Mayor, in his absence by the Deputy Mayor and in the absence of both the Mayor and the Deputy Mayor, Subs. By Tamil Nadu Act 26 of 1994 [a standing committee or a wards committee] shall be presided over by its chairman and in his absence by a member thereof chosen by the meeting to preside for the occasion.
(3) The Mayor, the Deputy Mayor, the councilor or the chairman, as the case may be, presiding at a meeting of the council or committee shall preserve order and shall decide all points of order and procedure arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the Mayor, the Deputy Mayor, the councilor or the chairman thereon, shall save as is otherwise expressly provided in this Act, be final.
(4) The Deputy May
(1) The commissioner shall have the right to attend the meetings of the council and Subs. by Tamil Nadu Act 26 of 1994.[of any standing committee, wards committee] or other committee constituted under this Act and to take part in the discussion but shall not have the right to move any resolution or to vote.
(2) The commissioner, or other officer appointed under sub-section (2) of section 11 shall attend any meeting of the council or Subs. by Tamil Nadu Act 26 of 1994 [ of any standing committee, wards committee or other committee] constituted under this Act if required to do so by the Mayor or the chairman of the committee, as the case may be.
Councillors to abstain from taking part in discussion and voting on questions in which they are pecuniarily interested-(1) Subs. by Tamil Nadu Act 26 of 1994.[No councillor or persons referred to in clauses(b), (c) and (d) of sub-section (2) of section 5] shall vote on or take part in the discussion of any question coming up foreonsideration at a meeting of the council or of any standing committee Subs. by Tamil Nadu Act 26 of 1994. [ or Ward Committee] or of 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 Mayor or chairman of any committee may prohibit any Subs. by Tamil Nadu Act 26 of 1994 [councilor or person referred to in clauses (b) (c) and (d) of sub-section (2) of section -5] from voting on or taking part in the discussion of any matter in
The Mayor may resign his office by giving notice in writing to the council; and the Deputy Mayor or any councilor other than the Mayor, or any member or chairman of a standing committee or other committee Subs. by Tamil Nadu Act 26 of 1994 [ or any member or chairman of a Wards Committee] may resign his office by giving notice in writing to the Mayor. Such resignation shall take effect in the case of the Mayor from the date on which it is placed before the special meeting of the council to be convened by the Deputy Mayor or in his absence, by the District Collector within ten days from the date of receipt of such notice and in any other cases from the date on which it is received by the Mayor.
No act or proceeding of the council or of Subs. by Tamil Nadu Act 26 of 1994 [a standing committee or wards committee] or any other committee constituted under this Act or of any person acting as Mayor, Deputy Mayor or member of the council or committee shall be deemed to be invalid or ever to have been invalid by reason only of a defect in the establishment of the council or committee or on the ground that the Mayor, Deputy Mayor or any member of the council or committee was not entitled to hold or continue in such office by reason of any disqualification or on the ground that it is discovered subsequently that the Mayor, Deputy Mayor or any member of the council took part in any proceeding or voted on any question or motion in contravention of section 36 or by reason of any irregularity of illegality in his election or appointment or in the service of any notice of meeting of the council or of any committee or by reason of such act having been done during the perio
(1) The Mayor shall have full access to all the records of the corporation and may obtain reports from the commissioner on any matter connected with the administration of the corporation.
(2) No official correspondence between the corporation and the Government shall be conducted except through the Mayor.
(3) The Mayor shall be bound to transmit communications addressed through him by the commissioner to the Government or by the Government to the commissioner, While transmitting communications from the commissioner to the Government, the Mayor may make such remarks as he may think necessary.
(1) The Mayor shall ex-officio be a member of Subs. by Tamil Nadu Act 26 of 1994. [every standing committee, Wards Committee] and of every other committee except Taxation Appeals Committee but shall not be eligible to be elected as the chairman of any standing committee Ins. by ibid.[ or Wards Committee.]
Provided that the Mayor shall not have right to vote in any meeting of the standing committee.
(2) If the Mayor was at the time of his election the chairman or an elected member of Subs. by Tamil Nadu Act 26 of 1994. [standing committee or Wards Committee] and Taxation Appeals Committee he shall cease to hold office as such chairman or member.
(1) When the office of Mayor is vacant, his functions shall devolve on the Deputy Mayor until a new Mayor or is elected.
(2) If the Mayor has been continuously absent from the city for more than fifteen days or is incapacitated, his functions shall devolve on the Deputy Mayor until the Mayor returns to the city or recovers from his incapacity, as the case may be.
(3) The Mayor may, by on order in writing, delegate any of his functions to the Deputy Mayor.
Notwithstanding anything contained in this Act, when the office of Mayor is vacant or he has been continuously absent from the City for more than fifteen days or is incapacitated and the office of the Deputy Mayor is also vacant of if the Deputy Mayor is also absent as aforesaid or is incapacitated, the District Collector shall exercise the powers and perform the functions of the Mayor, until a new Mayor is elected or the Mayor, or Deputy Mayor returns to the City or recovers from his incapacity, as the case may be.
(1) As soon as may be, after the first day of April in every year and not later than such date as may be fixed by the Government, the corporation shall submit to the Government, a detailed report of the administration during the preceding year in such form as the Government may direct.
(2) The commissioner shall prepare such report and the council shall consider the report and forwards the same to the Government with its resolutions thereon, if any.
(3) Copies of the administration report shall be kept for sale at the municipal office.
Powers of the Government
The Government may at any time require the council or the commissioner-
(a) to produce any record, correspondence, plan or other document;
(b) to furnish any return, plan, estimate, statement, account or statistics;
(c) to furnish or obtain any report
The Government may depute any officer to inspect or examine any municipal department, office, service, work or thing and to report thereon; and any officer so deputed may, for the purposes of such inspection or examination, exercise all the powers conferred by section 44.
If on any receipt of any information or report obtained under section 44 or section 45, the Government are of opinion-
(a) that any duty imposed on any municipal authority by or under this Act or under any other Act has not bee performed or has been performed in an imperfect, inefficient or unsuitable manner;
(b) that adequate financial provision has not been made for the performance of any such duty, the Government may, by an order, direct the municipal authority concerned, within a period to be specified in the order, to make arrangements to their satisfaction for the proper performance of the duty, or to make financial provision to their satisfaction for the performance of the duty, as the case may be;
Provided that, unless in the opinion of the Government the immediate execution of such order is necessary, the Government shall, be
(1) If within the period fixed by an order issued under section 46, any action directed under that section has not been duly taken, the Government may by order –
(a) direct the commissioner or appoint some person to take the action so directed,
(b) fix the remuneration to be paid to such person, and
( c) direct that such remuneration and the cost of taking such action shall be defrayed out of the municipal fund, and, if necessary, that any one or more of the taxes authorized by Chapter V of this Act, shall be levied or increased, but not so as to exceed any maximum prescribed by that Chapter.
(2) For the purpose of taking the action directed as aforesaid, the person appointed under sub-section (1) shall have power to make such contracts as are nec
The Mayor shall submit to the Government copies of all important resolutions of the council and of the Subs. by Tamil Nadu Act 26 of 1994 [ standing committees or Wards Committees] or other committees and all by-laws of the council.
(1) The Government may at any time by order in writing –
(i) suspend or cancel any resolution passed, order issued, or licence or permission granted; or
(ii) prohibit the doing of any act which is about to be done or is being done, in pursuance or under colour or this act if, in their opinion –
(a) such resolution, order licence, permission or act, is in excess of the powers conferred by, or in contravention of, this or any other Act or of any rule, notification, regulation or by-law made or issued under this or any other Act, or is an abuse of such powers or adversely affects the financial stability of the corporation or the efficiency of municipal administration as a whole.
( c) such resolution, order, licence, permission or act is in contravent
Marginal heading Subs. by Tamil Nadu Act 26. Of 1994 [Governments power to dissolve the Corporation]Subs. by Tamil Nadu Act 26 of 1994 [(1) If, in the opinion of the Government, the corporation is not competent to perform or persistently makes default in performing the duties imposed on it by law, or exceeds or abuses its powers, the Government may by notification.
(a) dissolve the corporation from a specified date; and
(b) direct that the corporation be reconstituted with effect from a date which shall not be later than six months from the date of dissolution.
(1-A) An election to reconstitute the corporation shall be completed before the expiration of a period of six months from the date of its dissolution]
(2) Before publishing a notification un
The Government may, by notification, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the corporation or any of its officers or by the Commissioner or any other authority.]
Sub-sec. 1 of sec 51 Subs. by Tamil Nadu Act 27 of 1990.[(1) For the purpose of the election of the seventy two councilors referred to in sub-section (1) of section -5, the city shall be divided into seventy two divisions the boundaries of which shall be fixed by the Government by notification.]
(2) All the electors of a division, irrespective of their community or sex, shall be entitled to vote at an election to the seat in that division.
(3) When issuing under sub-section (1) a notification which materially alters the existing divisions of the City, the Government may direct that the alteration shall take effect from the date of the next ordinary elections.
Notes
Sec. 51- Election held on the basis of original divisions- Validity – Case decided with reference to Madras Act – ILR 1954 Mad.
Only one councilor shall be elected for each division.
Sub-sec 1 of Sec.53 Subs by Tamil Nadu Act 26 of 1994 [(1) The electoral roll of the corporation and shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and revised in accordance with provisions of law for the time being in force in the corporation and shall be deemed to be the list of voters of the corporation for the purposes of this Act and that no amendment, transposition or deletion of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date for making nominations for elections in the corporation and before the notification of the result of such election, shall form part of the list of voters for such election, for the purpose of this section].
(2) A person shall be disqualified for registration in an electoral roll if he –
(a) is not a citizen of India; or<
(1) Subs. by Tamil Nadu Act 26 of 1994.[Any officer of the Government or the corporation authorized in this behalf by the State Election Commission, in consultation with the Government] shall, for the purposes, of this Act, prepare and publish in such manner and at such times as the Government may direct, the electoral roll for each of the divisions of the Council; The words “as determined under section – 51” Omitted by Tamil Nadu Act 27 of 1990.or the alterations to such roll, as the case may be.
Explanation – The power conferred by this sub-section, on the person authorized shall include the power to omit, in the manner and at the same times aforesaid, from the electoral roll for any such division published under this sub-section, the name of any person who is dead or who incurs any of the disqualifications specified in sub-section (2) of section 53. Ins. by Tamil Nadu Act 26 of
(1) If any person has been elected for two or more divisions, he shall within seven days from the date of the last of such elections, intimate to the commissioner, the division, for which he chooses to serve.
(2) In default of such intimation, the commissioner shall determine by lot and notify the division for which such person shall serve.
(3) The said person shall be deemed to have been elected only for the division so chosen or so notified, as the case may be, and the vacancies thereby arising in the representation of the other divisions shall be filled by fresh elections.
No person who is of unsound and declared so by the competent court shall be qualified to vote and no person who is disqualified under section 84 shall be qualified to vote so long as the disqualification subsists.
(1) No person shall be qualified for election, The words “ or co-option “ omitted by T.N.Act 26 of 1994 as a councilor unless-
(a) his name is included in the electoral roll of any one of the divisions of the City;
(b) he has completed his twenty-first year of age; and
(c) Clause (c ) omitted by Tamil Nadu Act 18 f 1991.
(2) No officer of servant either whole-time or part-time of the Central or any State Government or any local authority or any body corporate owned or controlled by the Central or any State Government, remunerated by either salary or fees, shall be qualified for election. The words “or co-option” omitted by T.N. Act 26 of 1994 as a councilor;
Provided that if any question arises either be
(1) Where in connection with the tendering of any opinion to the Governor under sub-section (3) of section 57, the State Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purpose of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the following matters namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
No statement made by a person in the course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement;
Provided that the statement –
(a) is made in reply to a question which he is required by the Commission to answer, or
(b) is relevant to the subject matter of the inquiry.
The State Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sitting and deciding whether to sit in public or in private).
No suit, prosecution or other legal proceedings shall lie against the State Election Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of section 57-A to 57-C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.]
(1) A person who has been sentenced by a criminal court to imprisonment for life or to imprisonment for a period of more than two years for any offence other than an offence of a political character or an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) shall be disqualified for election The words “or co-option” omitted by T.N.Act 26 of 1994 as a councilor while undergoing the sentence and for five years from the date of the expiration of the sentence.
(2) A person convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955), shall be disqualified for election The words “or co-option” omitted by T.N.Act 26 of 1994 as a councilor for a period of five years from the date of such conviction :
Provided that the person concerned shall not i
(1) A person who having held an office under the corporation has been dismissed from such office for corruption or for disloyalty to the State shall be disqualified for election or co-option as a councilor for a period of five years from the date of such dismissal.
(2) For the purpose of sub-section (1) , a certificate issued by the commissioner or such other person authorized by the commissioner, in this behalf that person having held office under the corporation, has or has not been dismissed for corruption or for disloyalty to the state shall be conclusive proof of that fact:
Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the state shall be issued unless an opportunity of being heard has been given to the said person.
(1) Every councilor and person nominated under clause (a) of sub-section (2) of section 5, before taking his seat, shall make and subscribe at a meeting of the council an oath or affirmation according to the following form, namely:-
“I, A.B. having been elected as councilor of
Nominated under clause (a) of sub-section (2) of
Section 5 as representative in
This council do swear in the name of God
Solemnly affirm
That I will bear true faith and allegiance to the Constitu
(1) Whenever it is alleged that any person who has been elected or co-opted as a councilor is disqualified under The words “sub-section (1) of section 57, section 58” omitted by T.N. Act 26 of 1994. Section 59, section 60, section 61 or section 84 and such person does not admit the allegation or whenever any councilor is himself in doubt whether or not he has become so disqualified for office, such councilor or any other councilor may and the commissioner, at the request of the council or on a direction from the Government, shall apply to the Subordinate Judge having jurisdiction over the City or if no Subordinate Judge has such jurisdiction, to the District Munsif having such jurisdiction.
(2) The said Subordinate Judge or District Munsif, after making such inquiry as he deems necessary shall determine whether or not such person is disqualified under The words “sub-section (1) of
(1) No election of a councilor shall be called in question except by an election petition presented to the District Judge having jurisdiction within fifteen days from the date of the publication of the result of the election under section 67.
(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 62-B by any candidate at such election, by any elector of the division concerned or by any councilor.
(3) A petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition –
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall, with suffici
(1) Subject to the provisions of sub-section (2), if the District Judge is of opinion –
(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a councilor under this Act, or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or
(c) that nay nomination paper has been improperly rejected, or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected –
(i) by the improper acceptance of any nomination or
(ii) by any corrupt practice committ
The following shall be deemed to be corrupt practices for the purposes of this Act :-
(1) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act XLIII of 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 community or religion or the use of or appeal to, religious symbols or the use of or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidates election.
(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false and whi
The term of office of councilors shall, save as otherwise expressly provided in this Act, be Subs. Tamil Nadu Act 5 of 1989. [Five years] beginning and expiring at noon on such date as Subs. by Tamil Nadu Act 26 of 1994 [the State Election commission in consultation with the Government] by notification, appoint in that behalf.
Proviso to Sec. 63.Omittd by Tamil Nadu Act 26 of 1994
Subs. by Tamil Nadu Act 26 of 1994 [ (1) (a) Ordinary vacancies in the office of elected councilors shall be filled at ordinary elections which shall, subject to the approval of the Sate Election Commission be fixed by the Government to take place on such days within three months before the occurrence of the vacancies as they may think fit.”]
(b) A casual vacancy in the office of an elected councilor shall be filled at a causal election which shall, Subs. by Tamil Nadu Act 5 of 1989 [subject to the approval of the State Election Commission, be fixed by the Government] to take place as soon as may be after the occurrence of the vacancy;
Provided that no causal election shall be held to fill a vacancy occurring within six moths before the date of retirement by efflux of time and that such vacancy shall be filled at the next ordinary electi
[Section 65 & 66 omitted by Tamil Nadu Act 26 of 1994.
All elections of the Mayor and Deputy Mayor and all elections [Omitted by Tamil Nadu Act 26 of 1994] of councilors and all elections of the chairman and members of the standing committees shall be notified in the Tamil Nadu Government Gazette.
Sub-section (4) and (5) Omitted by Act 18 of 1991.[(1) The Government may, in consultation with the State Election Commission make rules regulating the procedure with regard to elections.]
(2) Without prejudice to the generality of sub-section (1), such rules may –
Subs, by Tamil Nadu Act 26 of 1994.[ (a) provide for the adjudication by the District Judge having jurisdiction, of disputes arising out of elections; and ]
(b) Provide for all matters not expressly provided for in this Act relating to the election of the Mayor, the Deputy Mayor, or councilors including deposits to be made by candidates standing for election as councilors and the conditions under which such deposits may be forfeited.
Provided that the deposit required shall not exceed one hundred rupees.
Every officer, clerk, agent or other person performing any duty in connection with the recording or counting of votes at an election who except for some purpose authorized by law, communicates to any person, any information showing directly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such information, shall be punished with imprisonment which extend to six months or with fine, or with both.
Notwithstanding anything contained in section 171-F of the Indian Penal Code (Central Act XLV of 1860), any person who in connection with an election under this Act commits an offence of personation punishable under that section, shall be punished with imprisonment for a term which shall not be less than six months and not more than two years and with fine.
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
(1) No person shall convene, hold or attend any public meeting in any division within forty-eight hours before the date of termination of the poll or on the date or dates on which a poll is taken for an election in that division.
(2) Any person who contravenes the provision of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
(1) Any person who at a public meeting to which this section applies, acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called shall be punishable with fine which may extend to two hundred and fifty rupees.
(2) This section applies to any public meeting of a political character held in any division 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 offence under sub-section (1), he may, if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably, suspects him of giving a f
(1) No person shall print or publish, or cause to be printed or published any election pamphlet or poster, which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster –
(a) unless a declaration as to the identify of the publisher thereof signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer together with one copy of the document to the commissioner.
(3) For the purposes of this section –
(a) any
(1) No person who is a returning officer, or an assistant returning officer or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour –
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any persons from giving his vote an election, or
(c) to influence the voting of any person at an election in any manner.
(3) any person who contravenes the provis
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:-
(a) canvassing for votes ; or
(b) soliciting the voter of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election ; or
(e) exhibiting any notice or sign (other than official notice relating to the election).
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend
(1) No person shall, on the date or dates on which a poll is taken at any polling station.
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance 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 willfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable
(1) any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful direction of the polling officer may be removed from the polling station by the polling officer or by any police officer on duty or by any person authorized in this behalf by such polling officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that polling station.
(3) If any person who has been so removed from a poling station re-enters the polling station without the permission of the polling officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.
(4) An offence punishable under sub-section (3) shall b
(1) No candidate or his agent or any other person with the consent of a candidate or his agent shall hire of procure whether on payment or otherwise any vehicle or vessel for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station:
Provided that nothing in this sub-section shall apply to –
(a) the hiring of a vehicle or vessel by an elector or several electors at their joint costs for the purpose of conveying him or them to or from the polling station, if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power and
(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 coming from the polling station.
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the returning officers, assistant returning officers, presiding officers, polling officers and any other person appointer to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election ; and the expression “official duty” shall for the purpose of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.
Any person who at any election fraudulently takes, or attempts, to take, a ballot paper out of a polling station, or willfully aids or abets the doing of such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by police officer;
Provided that when it is necessary to cause a woman to be searched, that search shall be made by another woman with strict regard to decency.
No person at an election shall –
(a) fraudulently deface or fraudulently destroy any nomination paper or
(b) fraudulently deface, destroy or remove any lists, notice or other document affixed by or under the authority of a returning officer, or
(c) fraudulently deface or fraudulently destroy any ballot paper or the official mark on any ballot paper, or
(d) without due authority supply any ballot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper, or
(e) fraudulently put in to any ballot box anything other than the ballot paper which he is authorized by law to put in ; or
(f) without due authority destro
No court shall take cognizance of any offence punishable under section 74 or section 80 or under clause (a) of sub-section (2) of section 82 except on a complaint in writing made by order of or under authority from the Government.
Every person convicted of an offence punishable under any of the provisions of section 69 to 82 of this Act or under Chapter IX-A of the Indian Penal Code (Central Act XLV of 1860) shall be disqualified from voting or from being elected in any election or co-opted as a councilor to which this Act applies or from holding the office of councilor for a period of five years from the date of his conviction.
Requisitioning of property for election purposes
(1) If it appears to the Government that in connection with an election under this Act –
(a) any premises other than residential buildings actually occupied are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for performance of any duties in connection with such election.
The government may, by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be and may make
(1) Whenever in pursuance of section 85 the Government requisition any premises, there shall be paid by the corporation to the person interested, compensation the amount of which shall be determined by the government by taking into consideration the following, namely:
(i) the rent payable in respect of the premises or if no rent is so payable the rent payable for similar premises in the locality:
Provided that the rent payable in respect of the premises to which the provisions of the Tamil Nadu Buildings (Lease and Rent control) Act, 1960 (Tamil Nadu Act XVIII of 1960) apply shall be the fair rent payable for the premises under that Act;
(ii) if in consequence of their requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable e
The Government may, with a view to requisitioning any property under section 85, or determining the compensation payable under section 86 by order require any person to furnish to such authority as may be specified in the order such information in his possession to such property as may be so specified.
(1) Any person authorized in this behalf by the Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 85 should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section.
(2) In this section the expression “premises” and “vehicle” shall have the same meaning as in section 85.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 85 may be summarily evicted from the premises by any officer empowered by the Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
(1) When any premises requisitioned under section 85 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person to the person deemed by the Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 85 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept del
The Government may, by notification, direct that any powers conferred or any duty imposed on the Government by any of the provisions of section 85 to 90 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.
If any person contravenes any order made under section 85 or section 87, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
The council may accept trusts relating exclusively to the furtherance of purposes to which the municipal fund may be applied.
Subject to the provisions of second 101, the commissioner may, for the purpose of this Act, acquire on behalf of the corporation movable or immovable property within or without the city or any interests in such property;
Provided that –
(a) the commissioner shall be bound by any resolution of the standing committee fixing terms, rates of maximum prices for a particular case or for any class of cases;
(b) the sanction of the standing committee shall be required for the exchange of any immovable property, for the taking of any property on lease for a term exceeding twelve months, or for the acceptance of any gift or bequest of property burdened by an obligation and
(c) the sanction of the council shall be required -
(1) Subject to the provision of section 101, the commissioner may, lease or dispose by sale or exchange of any corporation movable property the value of which does not exceed five thousand rupees in each instance, and of any corporation immovable property the value of which does not exceeds ten thousand rupees, or grant for any term not exceeding twelve months a lease of any corporation immovable property or a lease or concession of any right of fishing or grazing or of gathering and taking fruit and the like;
Provided that every such disposal, lease or concession made or granted by the commissioner shall be reported to the standing committee within fifteen days.
(2) With the sanction of the standing committee, the commissioner may lease or dispose by sale or exchange of any corporation movable property the value of which exceeds five th
Any immovable property which any municipal authority is authorized by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894) and on payment of the compensation awarded under the said Act in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the corporation.
The Government may with consent of the council transfer to the corporation the management of any institution or the execution of any work not provided for by this Act and it shall be thereupon be lawful for the corporation to undertake such management or execution.
Provided that in every such case, the funds required for such management or execution shall be placed at the disposal of the corporation by the Government.
The council may determine either generally for any class of cases or specially for any particular case whether the commissioner shall execute works by contract or otherwise.
(1) The commissioner may sanction any estimate, the amount of which does not exceed fifty thousand rupees.
(2) When the amount of the estimate exceeds fifty thousand rupees, but does not exceed on lakh of rupees, the sanction of the concerned standing committee (other than the standing committee on taxation and finance) shall be required and when the amount of the estimate exceeds one lakh of rupees but not exceed two lakhs rupees, the sanction of the standing committee on taxation and finance shall be required, and when the amount of estimate exceeds two lakhs rupees but does to exceed three lakhs of rupees the sanction of the council shall be required and when the amount of estimate exceeds three lakhs of rupees the sanction of the government shall be required.
(1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds one lakh of rupees –
(a) the commissioner shall cause a detailed report to be prepared including such estimates and drawings as may be requisite and shall lay the same.-
(i) before the standing committee on taxation and finance if the entire estimate cost exceeds one lakh of rupees but does not exceed two lakhs of rupees,
(ii) before the council if entire estimated cost exceeds two lakhs of rupees;
(b) the standing committee on taxation and finance or the council, as the case may be, shall consider the report and may reject the project or may approve it either in its entirely or subject to modifications.
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(1) The councilmay enter into and perform all such contracts as it may consider necessary or expedient for carrying into effect the provisions of this Act.
(2) With respect to the making of contracts under or for any purpose of this Act, the following provisions shall have effect, namely :-
(a) every contract shall be made on behalf of the corporation by the commissioner;
(b) no contract for any purpose which, in accordance with any provision of this Act, the commissioner may not carry out without the sanction or approval of one or the other municipal authorities, shall be made by him unless such sanction or approval has been given:
(c) contract involving an expenditure not exceeding five thousand rupees shall be made by the commissioner;
(1) Every contract entered into by the commissioner on behalf of the corporation shall be entered in to in such manner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or discharged;
Provided that –
(a) the common seal of the corporation shall be affixed to every contract which, if made between private persons, would required to be under seal and
(b) every contract for the execution of any work or supply of any materials or goods which will involve an expenditure exceeding one thousand rupees shall be in writing and shall be sealed with the common seal of the corporation and shall specify-
(i) the work to be done or the materials or goods to be supplied, as the case may be ;
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(1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five thousand rupees, the commissioner shall give notice by advertisement inviting tenders for such contracts;
Provided that the standing committee in case the amount of contract exceeds five thousand rupees, but does not exceed fifty thousand rupees, and the council, in case the amount of the contract exceeds fifty thousand rupees, may, at the instance of the commissioner and for reasons which shall be recorded in its proceedings, authorize the commissioner to enter into a contract without inviting tenders.
(2) Where the amount of any contract does not exceed twenty five thousand rupees, the commissioner on receipt of the tenders in respect of such contract made in pu
When work is given on contract at unit rates and the number of units is not precisely determinable, the contract shall not be deemed to contravene the provisions of section 101, section 102, or section 103 merely by reason of the fact that the pecuniary limits therein laid down are eventually exceeded.
Subject to such rules as may be made by the Government in this behalf, the commissioner shall take sufficient security fro the due performance of every contract into which he enters after a tender has been accepted, and may take security for the due performance of any other contract into which he enters under this Act.
(1) In addition to the officers appointed under sub-section (2) of section 11, the corporation establishment shall consist of the following classes of officers, namely:-
Class I ----- All heads of departments in the corporation other than officers appointed under sub-sec (2) of Section 11.
Class II ----- All officers appointed to assist Class I officers.
Class III ----- All others (not being persons holding posts in a service classified by the Government as a basic service) appointed to serve under the corporation.
Class IV ----- All persons holding posts in a service classified by the Government as a basic service.
(2) (a) Eve
Notwithstanding anything contained in this Act the commissioner, may, in case of emergency, appoint temporarily such officers and servants as may in his opinion be required for the purposes of this Act and the employment of whom for any particular work has not been prohibited by any resolution of the council and every appointment made shall be reported by the commissioner to the appointments committee at its meeting.
(1) Save as otherwise provided in this Act, the classification, methods of recruitment, conditions of service pay and allowance and discipline and conduct of the corporation establishment shall be regulated by rules made by Government in this behalf and such rules may provide for matters relating to the constitution of appeals committee for entertaining appeals in respect of any penalty imposed upon any member of the corporation establishment and other matters connected therewith.
Provided that any Class I or Class II officer may be removed from office by the Government:
Provided further that –
(i) the amount of any salary, leave and leave allowances, allowances for house rent, carriage hire, travelling expenses or any other allowances, gratuity or pension granted under the said rules shall in
(1) If a vacancy occurs in any post included in class II or any new post in the said class is created, the council shall within three months appoint any qualified and suitable person to hold such post.
(2) If the Government refuse to confirm the appointment so made, the council shall appoint some other qualified and suitable person within forty five days from the receipt of the order refusing confirmation.
(3) In default of any appointment being made in accordance with sub-section (1) or sub-section (2), as the case may be, the Government may appoint a person who in their opinion is qualified and suitable to hold the post and such person shall be deemed to have been appointed by the council.
(4) Pending an appointment under sub-section (1) or sub-section (2), the council may appoint a person to hold the post temporarily and assign him
(1) If any Class I or Class II officer is a civil or military officer in the service of the Government and if any other officer or servant serving or having served under the corporation is or has been transferred from or to the service of the Government or is employed partly under the Government and partly under the corporation, he shall be entitled to leave and other privileges in accordance with the rules and regulations of the branch of the Government service to which he belongs and in force for the time being and the corporation shall make such contribution towards his leave allowances, pensions and provident funds as may be required to be made by him or on his behalf under the rules and regulations of the branch of the Government service to which he belongs.
(2) If any such officer is not a civil or military officer in the service of the Government, his leave and leave allowan
In the event of the occurrence of any unusual mortality or the prevalence or apprehended outbreak of any infectious disease within the City, the Government, if they consider immediate action is necessary, may of their own motion appoint a special health officer wholly or partly at the expense of the municipal fund:
Provided that –
(a) the duration of the special health officer shall not exceed six months, and
(b) the corporation shall not be bound to pay more than one thousand five hundred rupees per mensem on account thereof.
The commissioner shall lay before the appointments committee a schedule setting forth the designations and grades of the officers other than Class I officers and servants who should in his opinion constitute the corporation establishment.
(2) The appointments committee may either approve or amend such schedule as it thinks it fit and shall lay it before the council with its remarks, if any.
(3) The council shall sanction such schedule with or without modifications as it thinks fit.
(4) The commissioner may from time to time, lay before appointments committee for its remarks, if any , his proposals to amend the schedule sanctioned by the council under sub-section (3). The proposals of the commissioner together with the remarks of the appointment committee thereon shall be placed before the cou
(1) The authority competent to grant leave to the officers and servants of the corporation shall be commissioner.
(2) In the case of commissioner, leave may be granted by the Government.
Subject to the provisions of this Act and the rules, the commissioner shall prescribe the duties of the corporation establishment and exercise supervision and control over their acts and proceedings.
Notwithstanding anything contained in this Act, the Government may, by notifications, constitute any class of officers of servants of the corporation into a civil service for the State of Tamil Nadu.
Notwithstanding anything contained in this Act or in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Government shall have power –
(a) to transfer any officer or servant of the corporation to the service of the municipal corporation of Madras constituted under the Madras City Municipal Corporations Act 1919. (Tamil Nadu Act IV of 1919) or the Municipal corporation of Madurai constituted any other Municipal corporation that may be constituted under any law or any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or to transfer any officer or servant of any such municipality or the municipal corporation of Madras or the municipal corporation or Madurai or any other municipal corporation that may be constituted under any law to the service of the corporation.
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The council may levy –
(a) a property tax:
Power to levy professional tax governed by Tamil Nadu Act 24 of 1992. [ (b) a profession tax;]
(c) a tax on carriages and animals.
(d) a tax on carts.
(e) a tax on advertisements other than advertisements published in the newspapers, and
(f) a duty on certain transfer of property in the form of surcharge on stamp duty.
Any resolution of the council determining to levy a tax shall specify the rate at which and the date from which any such tax shall be levied:
Provided that before passing a resolution imposing a tax for the first time or increasing the rate of an existing tax, the council shall publish a notice in at least one Tamil Newspaper and on the notice board of the municipal office and in such other places within the City as may be specified by the council and by beat of drum, of its intention, fix a reasonable period not being less than one month for submission of objections and consider the objections, if any, received within the period specified:
Provided further that any resolution abolishing an existing tax or reducing the rate at which a tax is levied shall be immediately reported to the Government and in cases where there is any outstandin
When the council shall have determined subject to the provisions of sections 117 and 118 to levy any tax for the first time or at a new rate, the commissioner shall forthwith publish a notification in the District Gazette and by beat of drum specifying the rate at which, the date from which and the period, if any, for which such tax shall be levied.
Nothing in this Chapter shall authorize the council to levy any tax which the State Legislature has no power to impose in the State under the constitution:
Provided that any such tax which, immediately before the commencement of the constitution, was being lawfully levied by council may continue to be levied until provisions to the contrary is made by parliament by law.
The property tax
(1) If the council by resolution determines that a property tax for general purposes shall be levied, such tax shall be levied on all buildings and lands within the City save those exempted by or under this Act or any other law.
(2) Save as otherwise provided in this Act, the property tax shall be levied at such percentage of the annual value of buildings, or lands which are occupied by, or adjacent and appurtenant to buildings or both, as may be fixed by the council subject to the provisions of section 118.
Provided that the aggregate of the percentages so fixed shall not in the case of any land or building be less than fifteen and a half percent or greater than thirty five percent of its annual value.
(3) For the purpose of assessing the property tax the annual value of any building or land
(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 lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to let from month to month or from year to year less deduction, in the case of buildings, of ten per cent, of that portion of such annual rent which is attributable to the buildings alone, apart from their sites and the 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 –
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The following buildings and lands shall be exempt from the property tax –
(a) places set apart for public worship and either actually so used or used for no other purposes ;
(b) choultries for the occupation of which no rent is charged and choultries the rent charged for the occupation of which is used exclusively for charitable purposes.
(c) Subs.by Tamil Nadu Municipal Corporate Laws (Act 42 of 1994) [ Buildings used for educational purpose including hostels attached thereto and places used for the charitable purpose] of sheltering the destitute 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.
(d
The rates of property tax fixed by the council may be proportionate to the value of each building or land or may advance in systematic progression with the value of the building or land, but shall in no case decrease as the value of the building or land, increases. When a progressive rate has been adopted by the council, it shall prescribe the principles of classification (as that a certain sum which shall be tax free shall be deducted from the assessment of each building or land or that the progression shall be from a certain percentage in the lowest to a certain percentage in the highest class) and the precise number and limits of each class;
Provided that –
(a) the council, may with the sanction of the government, exempt any local area, from the whole or a portion of such tax on the ground that such area is not deriving any or the ful
The property tax on buildings and lands shall, subject to the prior payment of the land revenue, if any, due to the Government thereon be a first charge upon the said buildings or lands and upon the movable property, if any found within or upon such buildings or lands and belonging to the person liable to such tax.
The property tax shall be levied every half-year and shall, save as otherwise expressly provided in Schedule II be paid by the owner of the assessed premises within fifteen days after the commencement of the half-year.
(1) When any building whether ordinarily let or occupied by the owner himself has been vacant and unlet for ninety or more consecutive days in any half-year, the commissioner shall remit so much, not exceeding one half of such portion of the tax as relates to the building only as is proportionate to the number of days during which the building was vacant and unlet in the half-year.
(2) Every claim for remission under sub-section (1) shall be made during the half-year in respect of which the remission is sought or in the following half-year and not afterwards.
(3) (a) No claim for such remission shall be entertained unless the owner of the building or agent has previously thereto delivered a notice to the commissioner,-
(i) that the building is vacant and unlet; or
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(1) Whenever the title of any person primarily liable to the payment of the property tax on any premises, to or over such premises is transferred shall, within three months after the execution of the instrument of transfer or after its registration if it be registered or after the transfer is effected, if no instrument be executed, give notice of such transfer to the commissioner.
(2) In the event of the death of any person primarily liable as aforesaid the person to whom the title of the deceased shall be transferred as heir or otherwise shall give notice of such transfer to the commissioner within one year from the death of the deceased.
(3) The notice to be given under this section shall be in such form as the commissioner may direct and the transferee or the person to whom the title passes, as the case may be, shall if so required, b
(1) (a) If any building in the City is constructed or reconstructed the owner shall give notice thereof to the commissioner within fifteen days from the date of completion or occupation of the building whichever is earlier.
(b) If such date falls within the last two months of a half-year the owner shall, subject to notice being given under clause (a) be entitled to a remission of the whole of the tax or enhanced tax, as the case may be, payable in respect of the building only for that half-year.
(c) If such date falls within the first four months of a half-year, the owner shall, subject to notice being given under clause (a) , be entitled to a remission of so much not exceeding a half of the tax or enhanced tax, as the case may be, payable in respect of the building only, for that half-year as is proportionate to the number of days in th
(1) If any area is included in the City, the owner of every building or land in such area shall –
(a) if the date of such inclusion falls within the last two months of a half-year, not be liable to pay any property tax in respect thereof for that half-year; and
(b) if such date falls within the first four months of a half-year, be entitled to a remission of so much, not exceeding a half, of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year preceding such date.
(2) If any area is excluded from the City, the owner of every building of land in such area shall be entitled, -
(a) if the date of such exclusion falls within the first two months of a half-year, to a remission of the
The commissioner may at his discretion condone omission to give notice under section 127, 128 or 129 or any application under section 130, giving his reasons in writing for every such condonation.
(1) For the purpose of assessing the property tax, the commissioner may, by notice, call on the owner or occupier of any building or land to furnish him within thirty days after the service of the notice where the notice is served upon the Government, a railway administration or a company and within fifteen days after such service in other cases with returns of the rent payable for the building or land, the cost of erecting the building and the measurement of the land and with such other information as the commissioner may require, and every owner or occupier upon whom any such notice is served shall be bound to comply with it and to make a true return to the best of his knowledge or belief.
(2) For the purpose aforesaid the commissioner may enter, inspect, survey and measure any building or land, after giving twenty four-hours notice to the owner or occupier.
The profession
Tax on Carriages and Animals
Tax on Carriages and Animals
Tax on Carriages and Animals
Tax on Carriages and Animals
Tax on Carriages and Animals
Tax on Carriages and Animals
Tax on Carriages and Animals
Tax on Carriages and Animals
Tax on Carriages and Animals
If the council by a resolution determines that a tax on carriages and animals shall be levied, the commissioner shall levy the said tax half-yearly on carriages and animals kept within the City which are of the kinds specified in Schedule II.
(2) The rates of the tax shall be determined by the council, provided always that they shall not exceed the maximum laid down in Schedule II.
(1) Every person having possession, custody or control of any taxable carriage or animal shall be liable for the full half-yearly tax if the carriage or animal has been kept within the City for an aggregate period of not less than sixty days in the half-year.
(2) If such aggregate period exceeds fifteen days but is less than sixty days, a moiety only of the half-yearly tax shall be leviable.
(3) If such aggregate period does not exceed fifteen days, no tax shall be leviable for the half year.
(4) Every person having possession, custody or control of any taxable carriage or animal within the City shall, until the contrary is shown, be presumed to have kept the same within the city for sixty days in the half year.
(5) Notwithstanding anything containe
The carriage and animal tax shall not be levied on –
(a) carriages and animals belonging to the Government.
(b) carriages and animals belonging to members of the police or to officers or servants of the corporation employed on out-door duties, provided that the exemption under this clause shall extend only to a carriage or animal required to be kept by any such member, officer or servant for the discharge of his official duties;
(c) carriages and animals kept solely for sale by carriage-makers and dealers.
(d) carriages which have been under repair or standing at a carriage-makers during the whole of the halfyear.
(e) animals which during the whole of the halfyear have been kept in any institution for the reception of infirm or disused animals or
With the sanction of the council or in accordance with regulations framed by the body, the commissioner may compound, for any period not exceeding one year, with any livery stable-keeper or other person keeping carriages and animals for sale or hire, for a certain sum to be paid in lieu of the carriage and animal tax.
(1) The commissioner may by notice require the occupier of any premises to furnish him with a statement
(a) showing the name and address of every person who has possession, custody or control of any carriage or animal which is kept in such premises and is liable to the carriage and animal tax;
(b) containing a description of every such carriage or animal.
(2) The occupier shall sign the statement and transmit it to the municipal office within one week from the date of his receipt of the notice.
(1) The commissioner shall send to every person supposed to have become liable to the payment of the tax on carriages and animals a printed table to be filled up with such information respecting the carriages and animals kept by him as the commissioner considers necessary for the assessment of the tax.
(2) Such table shall be filled up with such information in writing, signed and dated and returned within one week of its receipt to the municipal office by the person to whom it has been sent.
(3) On the expiry of the period of one week referred to in sub-section (2), the commissioner shall cause a notice to be served on such person requiring him to pay within fifteen days of the date of such service the sum for which in the opinion of the commissioner such person is liable on account of the tax on carriages and animals.
When any personpays the amount of tax due in respect of any carriage or animal, the commissioner shall grant him a licence to keep such carriage or animal for the period to which the payment relates.
(1) The commissioner shall direct that a municipal number shall be affixed to every carriage kept within the City.
(2) The numbers affixed under sub-section (1) shall be registered in the municipal office.
(1) The Government may by rules made in this behalf –
(a) require the registration, by the registration authority appointed by the commissioner in this behalf, of any taxable carriage or animal kept within the City ;
(b) prescribe the form to be used and the conditions to be complied with in the making of application for the registration of such carriage or animal and the procedure in the matter of such application.
(c) prescribe the period within which and the authority to which an appeal may be preferred by any person aggrieved by any decision of the registration authority refusing to register any such carriage or animal and the procedure to be followed in presenting and disposing of any such appeal;
(d) require that a metal token to be issued by
If the council by a resolutiondetermines that a tax shall be levied on carts, the commissioner shall levy the said tax halfyearly at the rate which shall not exceed eight rupees per cart half-year fixed by the council and from the date specified in the notice published under section 118 on all classes of carts kept within the City.
Provided that no person shall be liable to tax during any half-year on account of any cart in respect of which the tax for the same half-year has already been paid by some other person;
Provided further that in the case of single bullock carts, the tax shall not exceed four rupees half-yearly.
Provided also that in fixing the said rates, the council shall have regard to the extent of damage caused by different classes of carts to the road.
Every owner of any cart shall register it once in half-year in the municipal office .
(2) The commissioner may direct that a municipal number shall be affixed to every registered cart.
(3) The commissioner shall notify certain days in every half-year for the registration and numbering of carts and the payment of the tax.
(4) All registrations made and numbers affixed under this section shall be entered in a book to be kept for the purpose at the municipal office.
(5) Such books shall be opened to the inspection of any tax-payer at all reasonable times without charge.
Nothing in section 151 shall apply to –
(a) gun carriages, ordinance carts or wagons or other such property of the Government of the Central Government and
(b) carts kept solely for sale by cart-makers and dealers
The commissioner may remit the whole or a portion of the cart tax in respect of any cart which is shown to his satisfaction to have been kept within the City for an aggregate period not exceeding fifteen days in the half-year or to have been under repair or standing at a cart-makers during the whole of the half-year.
Power to seize carriages and carts not bearing numbers
If a municipal number is not affixed to a carriage or cart in pursuance of a direction issued under section 149 or section 152, as the case may be, the commissioner may at any time seize and detain the vehicle and the animal, if any, by which it is drawn.
Provided that no vehicle other than a bicycle, tricycle or cycle-rickshaw shall be seized or detained when actually employed in the conveyance of any passenger or goods.
(1) If a vehicle or animal is detained under section 155, and the owner or other person entitled thereto does not claim the same and pay the tax, if any, due thereon within ten days from the date of seizure, the commissioner may direct that the vehicle or animal shall be sold in public auction and the proceeds of the sale applied to the payment of –
(i) the tax, if any, due on the vehicle or animal sold;
(ii) such penalty not exceeding the amount of the tax as the commissioner may direct and
(iii) the charges incurred in connection with seizure, detention and sale.
(2) If there is a surplus after such payment, the commissioner shall, on demand made within six months from the date of sale, make it over to the owner or other person entitled thereto.
Where the Tamil Nadu Hackneycarriage Act, 1911 (Tamil Nadu Act V of 1911) is in force in any area of the city, the person appointed to perform the functions of the commissioner or deputy commissioner under the said act in respect of such area shall, before registering any hackney carriage thereunder satisfy himself that the council has received payment of the tax, if any, due under section 142 and section 151, as the case may be, on account the last preceding half-year and the current half-year and that the provisions of the rules, if any made under section 150 have been complied with.
Tax on advertisements
Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement, or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on every advertisement which is so erected, exhibited fixed, retained or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as the council may, with the approval of the Government, by the resolution determine.
Provided that the rates shall be subject to the maxima and the minima laid down by the Government in this behalf and in any case such rate of tax shall not exceed rupees two hundred for each advertisement per half year.
Provided further that no tax shall be levied under this Section on any advertisement or a notice –
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(1) No advertisement shall, after the levy of the tax under section 158 has been determined upon by the council, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the City or shall be displayed in any manner whatsoever in any place without the written permission of the commissioner.
(2) The commissioner shall not grant such permission if –
(i) the advertisement contravenes any by-law made by the council under clause (30) of section 432; or
(ii) the tax, if any, due in respect of the advertisement has not been paid; or
(iii) the erection, exhibition, fixation or retention of the advertisement is an offence under the Tamil Nadu Open Places (Prevention of the Disfigurement) Act, 1959 (Tamil Nad
The permission granted under section 159 shall become void in the following cases, namely –
(a) if the advertisement contravenes any by-law made by the council under clause (30) of the section 432 or the Tamil Nadu Open Places (Prevention of Disfigurement) Act,1959 (Tamil Nadu Act II of 1959);
(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the engineer for general purposes;
(c) if any material change be made in the advertisement or any part thereof.
(d) if the advertisement or any part thereof falls otherwise than through accident.
(e) if any addition or alteration be made to, or in the building, wall or structure upon or over which the a
Where any advertisement shall be erected, exhibited, fixed, or retained upon or over any land, building, wall hoarding or structure in contravention of the provisions of section 158 or section 159 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the owner or person in occupation of such land, building, wall hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in such contravention unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.
If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 158 or section 159 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over which same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.
If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 158 or section 159 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over which same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.
The duty on transfer of property shall be levied –
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (Central Act II of 1899), as in force for the time being in the state of Tamil Nadu on every instrument of the description specified below, which relates to immovable property situated within the limits of the City , and
(b) at such rate as may be fixed by the Government not exceeding five per centum, on the amount specified below against such instrument:-
Description of instrument (1) Amount on which duty should be levied (2)
(i) Sale of immovable property The market value of the property as set forth in the instrument or as determined by any authority under section 47-A of the Indian Stamp Act,
On the introduction of the transfer duty –
(a) section 27 of the said Stamp Act shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within the limits of the City and outside such limits:
(b) section 64 of the same Act shall be read as if it referred to the corporation as well as the Central Government and the Government.
The Governmentmay make rules not inconsistent with this Act for regulating the collection of the duty, the payment thereof to the corporation and the deduction of any expenses incurred by the Government in the collection thereof.
With the sanction of the Government the council may exempt any person or class or persons wholly or in part from the payment of any tax. But nothing in this section shall be deemed to authorize the exemption of any person solely on the ground that he is a councilor.
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 determination of its annual value, the commissioner may, at any time within three years from the date on which such person should have been assessed, 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; 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 the tax or fee relates.
The rules and tables embodied in Schedule II shall be read as part of this Chapter.
All moneys received by the corporation 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 or other laws.
The Government shall appoint auditors of the accounts if receipt and expenditure of the municipal fund. Such auditors shall be deemed to be “public servants” within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
Withregard to the deposit, investment and expenditure of the municipal fund and the audit of the municipal accounts the rules in Schedule III shall be observed.
(1) If the expenditure incurred by the Government or by any local authority in the State of Tamil Nadu for any purpose authorized by or under Schedule III is such as to benefit the inhabitants of the City, the council may make a contribution towards such expenditure.
(2) The Government may direct the council to show cause, within a period fixed by the Government in this behalf and not being less than one month after receipt of the order containing the direction, why any contribution described in sub-section (1) should not be made.
(3) If the council fails to show cause within the said period to the satisfaction of the Government, the Government may direct it to make such contribution as they shall name and it shall be paid accordingly.
(1) The council may, in pursuance of any resolution passed at a special meeting, borrow by way of debenture or otherwise on the security of all or any of the taxes, duties, fees and dues authorized by or under this Act, any sums of money which may be required –
(a) for the construction of works, or
(b) for the acquisition of lands and buildings, or
(c) for slum clearance and construction of tenements, or
(d) to pay off any debt due to the Government, or
(e) to repay a loan previously raised under this Act or other Act previously in force:
Provided that –
(i) no loan shall be raised without the previous sanction of
The time for the repayment of any money borrowed under section 174 shall in no case exceed sixty years, and the time for the repayment of any money borrowed for the purpose of discharging any previous loan shall not except with the express sanction of the Government, extend beyond the unexpired portion of the period for which previous loan was sanctioned.
Notwithstanding anything hereinbefore contained, the borrowing powers of the corporation shall be limited so that the sum payable annually for interest and for the maintenance of the sinking funds as hereinafter provided, and for interest and repayment of any sums borrowed otherwise shall not, except with the express sanction of the government exceed twelve and a half percent of the annual value of buildings and lands as determined under Chapter V.
All debentures issued under this Chapter shall be in such form as the council, with the previous sanction of the Government, may determine, and shall be transferable in such manner as shall be therein expressed and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date of others.
When any debenture or security issued under this Act is payable to two or more persons jointly and either or any of them dies, then notwithstanding anything in section 45 of the India Contract Act, 1872 (Central Act IX of 1872), the debenture or security shall be payable to the survivor or survivors of such persons.
Provided that nothing in this section shall affect any claim by the representative of a deceased person against such survivor or survivors.
When two or more persons are joint holders of any debenture or security issued under this Act, any one of the such person may give any effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the corporation by any other of such persons.
(1) The corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay by quarterly installments into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on debentures issued.
(2) All money paid into the sinking funds shall, as soon as possible, be invested by the commissioner in –
(a) securities of the Government or the Central Government, or
(b) securities guaranteed by the Government or Central Government,
(c) any municipal debenture of Tamil Nadu.
(d) debentures issued by the Government undertakings such as the Tamil Nadu Industrial Development Corporation Limited, and the Smal
The aforesaid trustees may, apply a sinking fund or any part thereof in or towards the discharge of the loan or part of a loan for which such fund was created, and until such loan or part is wholly discharged shall not apply the same for any other purpose.
Provided that when any loans or parts thereof have been consolidated under section 183 the trustees shall transfer to the sinking fund of the consolidated loan so created such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.
(1) The aforesaid trustees shall, at the end of every year, submit to the corporation a statement showing –
(a) the amount which has been invested during the year under section 180,
(b) the date of the last investment made previous to the submission of the statement.
(c) the aggregate amount of the securities then in their hands, and
(d) the aggregate amount which has up to the date of the statement been applied under section 181 in or towards discharging loans.
(2) Every such statement shall be laid before the council and published.
(1) Notwithstanding anything to the contrary contained in this Chapter, the corporation may consolidate all or any of their loans and for that purpose may invite tenders for a new loan (to be called the municipal consolidated loan 19………)and invite the holders of municipal debentures to exchange their debentures for scrip of such loan.
(2) The terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the Government.
(3) The period for the extinction of any such consolidated loan shall not, without the sanction of the Government, extend beyond the farthest date within which any of the loans to be consolidated would be otherwise repayable.
(4) The corporation shall provide for the repayment of any such consolidated
All payments due from the corporation for interest on and repayment of loans shall be made in priority to all other payments due form the corporation.
(1) If any money borrowed by the corporation from the Government whether before or after the date of commencement of this Act, or any interest or cost due in respect thereof, be not repaid according to the conditions of the loan, the Government may attach the municipal fund or any part thereof.
(2) After such attachment, no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund, but such officer may do all acts in respect thereof which any municipal authority, officer or servant might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings.
Provided that no such attachment shall defeat or prejudice any deb
(1) The commissioner shall, in consultation with the heads of departments of the corporation prepare and submit to the standing committee on taxation and finance on or before the 1st January of each year, a budget containing a detailed estimate of income and expenditure for the ensuring year, and if, it is, in his opinion necessary or expedient to vary taxation or to raise loans, shall, submit his proposals in regard thereto, and the standing committee on taxation and finance shall, in consultation with the other standing committees consider and finalise the budget estimate and submit the same with its recommendations, if any to the council on or before the 20th January of each year.
(2) In such budget estimate the commissioner shall –
(a) provide for the payment as they fall due of all installments+ of principal and interest for which t
The council shall at its meeting, to be convened for the purpose on or before the first day of March, consider and approve on or before the fifteenth day of March, the budget estimate and proposals placed before it by the standing committee on taxation and finance with or without modifications and additions, and in any case the council shall, finally adopt, a budget estimate of income and expenditure of the corporation for the year, as finalized by the standing committee on taxation and finance on or before the said date.
The council may refer the budget estimate back to the standing committee on taxation and finance for further consideration and re-submission within a specified time well in advance of the due date specified in section 187 or adopt the budget estimate or any revised budget estimate submitted to it either as it stands, or subject to such alterations as it deems expedient.
Provided that the budget estimate finally adopted by the council shall make adequate and suitable provisions for each of the matters referred to in clauses (a) to (c) of sub-section (2) of section 186.
Provided further that in all cases where the council proposes to refer the budget estimate back to the standing committee on taxation and finance for reconsideration, the council shall refer the said budget estimate to the said standing committee well in advance of the due date specified in section 187 so as to ens
The council shall finally pass the budget estimate before the fifteenth day of March of the year to which it relate and forthwith submit a copy thereof to the Government. If the budget as submitted to the Government fails to make adequate and suitable provisions for each of the matters referred to in clauses (a) to (c) of sub-section (2) of section 186, the Government may modify any part of the budget so as to ensure that such provisions are made.
Notwithstanding anything contained in this Act, if the council in any case fails to adopt finally the budget before the due date referred to, in section 189 and if such failure is, in the opinion of the Government not due to any valid reason, then, the Government may direct the commissioner to forward the budget as prepared by him and as finalized by the standing committee on taxation and finance to them for approval, and the commissioner shall forthwith forward the budget as prepared by him and as finalized by the said standing committee to the Government who shall scrutinize the budget and intimate their approval to the commissioner on or before the first day of April of the year.
The council may, on the recommendation of the standing committee on taxation and finance from time to time during any year pass a supplemental budget estimate for the purpose of meeting any special or unforeseen requirements arising during that year, but not so that the estimated cash balance under General Account – Revenue at the close of the year shall be reduce below one lakh and fifty thousand rupees.
The standing committee on taxation and finance may, if it thinks necessary, at any time during the year –
(a) reduce the amount of a budget grant, or
(b) transfer and add the amount, or a portion of the amount, of one budget grant to the amount of any other budget grant;
Provided that –
(i) due regard shall be had, when making any such reduction or transfer, to all the requirements of this Act,
(ii) the aggregate sum of the budget grants contained in the budget estimates adopted by the council shall not be increased except by the council under section 191.
(iii) every such reduction or transfer shall be brought to the notice of the council at its next meeting
(1) If it shall at any time during any year appear to the council, upon the representation of the standing committee on taxation and finance that, notwithstanding any reduction of budget grants that may have been made under section 192, the income of the municipal fund during the said year will not suffice to meet the expenditure sanctioned in the budget estimate of the said year and to leave at the close of the year a cash balance, of not less than one lakh and fifty thousand rupees under General Account – Revenue, it shall be incumbent on the council either to diminish the sanctioned expenditure of the year, so far as it may be possible so to do with due regard to all the requirements of the Act, or to have recourse to supplementary taxation, or to adopt both of these expedients in such measure as may be necessary to secure an estimated cash balance of not less than one lakh and fifty thousand rupees under General Account –
(1) The Finance Commission referred to in Article 243 – I of the Constitution shall also review the financial position of the corporation and make recommendation to the Governor as to –
(a) the principles which should govern –
(i) the distribution between the Government and the corporation of the net proceeds of the taxes, duties tolls and fees leviable by the Government which may be divided between them and the allocation between the corporations of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the corporation,
(iii) the grants-in-aid to the corporation from the Consolidated Fund of the State,
(b) the me
All public reservoirs, tanks, cisterns, fountains, wells, pumps, pipes, taps, conduits, aqueducts and other works (not vested in the Government) connected with the supply of water to the City whether made at the cost of the corporation or otherwise, and all bridges, buildings, engines, works, materials and other things connected therewith and all lands (not being private property or property vested in the Government ), adjacent and appertaining to the same, shall vest in the corporation and be subject to its control.
(1) The corporation may with the sanction of the Government, construct, lay or erect filtering tanks, reservoirs, engines, conduits, pipes or other works without the limits of the City for supplying it with water and may provide tanks, reservoirs, engines, mains, fountains and other conveniences within the said limits for the use of the inhabitants.
(2) the corporation may cause existing works for the supply of water to be maintained and supplied with water or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.
(1) The corporation shall provide a supply of whole-some drinking water within the City and shall erect sufficient stand-pipes, fountains or other conveniences for the gratuitous supply of water.
(2) The corporation shall, as far as possible, make adequate provision that such supply is continuous throughout the year.
It shall not be lawful for any person except with permission duly obtained to enter on land vested in the corporation along which a conduit or pipe runs or on any premises connected with the water-supply.
(1) Without the permission of the Commissioner no building, wall or other structure shall be newly erected and no street or railway shall be constructed over any municipal water-main.
(2) If any building, wall or other structure be so erected or any street or railway be so constructed the commissioner may, with the approval of the standing committee, cause the same to be removed or otherwise dealt with as shall appear fit to him and the expenses thereby incurred shall be paid by the person offending.
Private water-supply
All house connexions whether within or without the premises to which they belong, with the Corporations water-supply mains shall be under the control of the corporation, but shall be altered, repaired and kept in proper order, at the expenses of the owner of the premises to which they belong, or for the use of which they were constructed and in conformity with by-laws made in that behalf.
(1) The commissioner may, on application by the owner or occupier of any building arrange, in accordance with the by-laws, to supply water thereto, for domestic consumption and use;
Provided that the commissioner shall not without the sanction of the standing committee agree to supply water to any building assessed at an annual value of less than one hundred and twenty rupees.
(2) Whenever it appears to the Commissioner that any dwelling house assessed at an annual value of not less than one hundred and twenty rupees is without a proper supply of water for domestic consumption and use and that such a supply can be furnished from a main not more than thirty metres distance from any part of such building, the Commissioner, may by notice require the owner to obtain such supply and to execute all such works as may be necessary for that purpo
(1) The commissioner may, with the sanction of the standing committee, supply water for any purpose other than domestic consumptions and use on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.
(2) For all water supplied under sub-section (1), payment shall be made at such rates and such conditions shall be imposed as may be laid down by the standing committee by general or special order and the amount shall be recoverable in the same manner as the property tax.
The corporation may supply any water to other local authority whether within or without the City, on such terms as to payment and as to the period and conditions of supply as shall be determined by the council, subject to appeal in respect of such terms to the Government, whose decision shall be final.
Cost of making the connexion, etc.
Where an owner or occupier applies for a connection for the supply of water he shall pay the cost of making such connexion as well as the cost of the meter, if any, and the charge for fixing.
(2) Where a connection for the supply of water is made at the instance of the commissioner, he may require the owner or occupier concerned to pay-
(a) the cost of making the connexion;
(b) the cost of the meter, if any or such rent in respect thereof as may be fixed by the council; and
(c) the charge for fixing the meter, if any
(3) Where at the instance of the commissioner a meter is fixed to any connexion for the supply of water, he may require the owner or occupier concerned to pay-
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(1) The commissioner may cut off the supply of corporation water from any premises –
(a) if the premises are unoccupied;
(b) if a meter is not fixed to the service connection of the premises in accordance with the provisions of the by-laws made by the council under section 432;
(c) if the owner of occupier neglects to comply with any lawful order or requisition regarding water-supply issued by the commissioner within the period specified therein;
(d) if any property tax or any sum due for water or for the cost of making a connexion or the cost or hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by or under this Act is not paid within fifteen days after a bill for such tax
The corporation shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying the water, in the case, of unusual drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes.
Lighting
The commissioner shall take measure for lighting in a suitable manner the public streets and public markets and all places of public resort vested in the corporation by electricity, gas oil or such other illuminant as the council may determine.
All public drains, pipes and drainage works existing at the date of commencement of this Act or afterwards made at the cost of the corporation or otherwise, and all works, materials and things appertaining thereto shall vest in the corporation.
The corporation shall, so far as the means at their disposal permit, provide and maintain a sufficient system of public drains throughout the city.
All house-drains whether within or without the premises to which they belong, and all private latrines, and cess-pools within the city shall be under the control of the corporation, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which the same belong or for the use of which they were constructed and in conformity with by-laws framed by the council in this behalf.
(1) The commissioner shall on application by the owner or occupier of any premises or the owner of a private street arrange, in accordance with the by-laws for the connexion, if practicable, of the applicants drain with a public drain at the applicants expense.
(2) If there is public drain or other place set apart by the corporation for the discharge of the drainage within a distance not exceeding thirty metres of the nearest point of any premises or if within such distance a public drain or other place for the discharge of drainage is about to be provided or is in the process of construction the commissioner may –
(a) by notice direct the owner of the said premises to construct a drain leading therefrom to such drain or place and to execute all such works as may be necessary in accordance with the by-laws at such owners expense, or
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(1) When the commissioner is of opinion that any group or block of premises any part of which is situate within thirty metres of a public drain, already existing or about to be provided or in the process of construction, may be drained more economically or advantageously in combination than separately, the commissioner may with the approval of the standing committee, cause such group or block of premises, to be drained by such method as appears to the commissioner to be best suited therefore and the expenses incurred by the Commissioner in so doing shall be paid by the owners in such proportions as the standing committee may think fit and shall be recoverable in the same manner as the property tax.
(2) Not less than fifteen days before any work under this section is commenced, the commissioner shall give written notice to the owners of –
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(1) Where a drain connecting any premises with a public drain or other place set apart by the corporation for the discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobjectionable, but is not in the opinion of the commissioner, adapted to the general drainage system to the city, or of the part of the city in which such drain is situated, the commissioner, with the approval of the standing committee concerned may-
(a) subject to the provisions of sub-section (2) close, discontinue or destroy the said drain and do any work necessary for that purpose; or
(b) direct that such drain shall, from such date as he fixes in this behalf be used for sewage only, or for water unpolluted with sewage only, and may construct at the cost of corporation an entirely distinct drain either for water unpolluted with sewag
(1) Without the permission of the commissioner no person shall place or construct any fence, building, culvert, pipe, drain , drain-covering or other structure or any street, railway or cable over, under, in or across any public drain or stop up, divert, obstruct or in any way interfere with an public drain, whether it passes through public or private ground.
(2) The commissioner may remove or otherwise deal with anything placed or constructed in contravention of sub-section (1) as he shall think fit, and the cost of so doing shall be recoverable form the owner thereof in the manner provided in section 478.
(1) The commissioner may by notice require the owner or occupier of any building or land adjoining a public street to construct culverts or drain–covering over the side channels or ditches at the entrances to the said building or land.
(2) Such culverts or drain-covering shall be of such form and size and consist of such materials and be provided with such means of ventilation as may be specified in the said notice, and shall be maintained and kept free from all obstruction at the expense of the said owner or occupier.
The owner or occupier of any building in a public street, shall, within fifteen days after receipt of notice in that behalf from the commissioner, put up, and thence forward maintain proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging such water in such manner as the commissioner may allow.
The corporation shall provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be kept clean and in proper order.
(1)The commissioner may licence for any period not exceeding one year the provision and maintenance of latrines for public use.
(2) No person shall keep a public latrine without a licence under sub-section (1),
(3) Every licensee of a public latrine shall maintain it clean and in proper order.
(1) The commissioner may, by notice, require the owner or occupier of any building, within such time and in accordance with such directions as may be specified therein, to provide flush-out other latrines for the use of the persons employed in or about or occupying such building or alter or remove from an unsuitable to more suitable place any existing latrine. Such owner or occupier shall keep every such latrine clean and in proper order.
(2) Every owner or occupier of the ground on which any block of huts stands shall, within such time and in accordance with such directions as may be specified in a notice issued by the commissioner, provide flush-out or other latrines for the use of the inhabitants of such block of huts or alter or remove from an unsuitable to a more suitable place any existing latrine and shall keep the same clean and in proper order.
Every person employing workmen, labourers or other person exceeding ten in number shall provide and maintain for the separate use of persons of each sex so employed flush-out or other latrines of such description and number as the commissioner may by notice require, and within such time as may be fixed in the notice and shall keep the same clean and in proper order.
The commissioner may, by notice, required any owner or manager, of a market, cart-stand, cattle-shed, choultry, theatre, railway station, dock, wharf, cinema-house or other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex flush-out or other latrines of such description and number on in such position as may be specified and to keep the same clean and in proper order.
All flush-out or other latrines shall be so constructed as to screen persons using the same from the view of persons passing by or residing in the neighbourhood.
The commissioner may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, water-supply or lighting, through, across, under or over any road, street or place laid out for a road or street and after giving reasonable notice to the owner or occupier through, across, under, over, or up the side of, any land or building in the City and may place and maintain posts, poles, standards, brackets or other contrivances to support cables, pipes, channels wires and lights on any pole or post in the City not vested in the Government and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used, or for removing the same.
Provided that such work shall be done s
(1) No person shall, without the permission of the commissioner, make any connexion with any municipal cable, wire, pipe, drain or channel or with the house connexion of any other person.
(2) The commissioner may, by notice require any connexion made in contravention of sub-section (1), to be demolished, removed, closed, altered or re-made.
If the corporation conducts any pipe or drain or other work connected with the water-supply or drainage of the City across a line of railway they may, with the sanction of the Government and with the concurrence of the Central Government and at the cost of the municipal fund, require, the railway administration to raise or lower the level thereof.
(1) The corporation shall not undertake new works beyond the limits of the City without the sanction of the Government.
(2) The corporation may, in the execution and for the purposes of any works beyond the limits of the City sanctioned by the Government whether before or after the date of commencement of this Act, exercise all the powers which it may exercise, within the City throughout the line of country through which conduits, channels, pipes, lines of posts and wires and the like run, and over any lake or reservoir from which a supply of water for the use of the City is derived, and over all lands at a distance not exceeding two kilometers beyond the high water level of any such lake or reservoir, and over any lands used for sewage farms, sewage disposal tanks, filters and other works connected with the drainage of the City
(i) provide or appoint in proper and convenient situations, depots or places for the temporary deposit of rubbish and filth and for the final disposal or rubbish, filth and carcasses of animals ;
(ii) provide dust – bins for the temporary deposit of rubbish;
(iii) provide vehicles or other suitable means for the removal of rubbish and carcasses of animals and
(iv) provide covered vehicles or vessels for the removal of filth.
(2) The commissioner shall make adequate provision for preventing the depots, places, dust-bins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.
(1) The commissioner may with the previous sanction of the standing committee by public notice direct that all rubbish and filth accumulating in any premises in any street or quarter of the City specified in the notice shall be collected by the owner or occupier of such premises, and deposited in a box or basket, or other receptacle, of the kind specified in such notice, to be provided by such owner or occupier and kept at or near the premises.
(2) The commissioner may by public notice direct that all rubbish and filth accumulating in any latrine not connected with a drain and in respect of which no contract under section 229 has been entered into, shall be collected by the owner or occupier and deposited in municipal carts.
(3) The commissioner may cause public dust-bins or other convenient receptacles to be provided at suitable intervals and in proper and convenient situation
When any premises are used for carrying on any manufacture, trade or business or in any way so that rubbish or filth is accumulated in quantities which are, in the opinion of the commissioner, too considerable to be deposited in any of the methods prescribed by a notice issued under section 227 the commissioner may-
(a) by notice require the owner of such premises to collect all rubbish filth accumulating thereon and to remove the same at such times, in such carts or receptacles, and by such routes as may be specified in the notice, to a depot or place provided or appointed under section 226, or
(b) after giving such owner or occupier notice of his intention, cause all rubbish and filth accumulating in such premises to be removed, and charge the said owner or occupier for such removal such periodical fee as may, with the sanction of the standing committee, be specified in the n
The commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises on such terms as to time and period of removal and other matters as may seem suitable to the commissioner, and on payment of fees at such rate as the council may determine.
The commissioner shall provide –
(a) for the daily surface- cleansing of all public streets and the removal of the sweepings therefrom, and
(b) for the removal of –
(i) the contents of all receptacles and depots and the accumulations of all places provided or appointed by him under section 226 for the temporary deposit of any of the things specified therein and
(ii) all things deposited by owners or occupiers of premises in pursuance of any notice issued under section 227.
All things deposited in , depots or places provided or appointed under section 226 shall be the property of the corporation.
In casesnot provided for by any notice issued under section 228 the commissioner shall, with the sanction of the standing committee, lay down-
(a) the hours within which rubbish and filth may be removed,
(b) the kind of cart or other receptacle in which rubbish and filth may be removed, and,
(c) the route by which such carts or other receptacles shall be taken.
The corporation shall maintain an establishment under the control of the commissioner for the removal of rubbish and filth from latrines which are not connected with a publish drain.
(1) No person who is bound by any notice issued under section 227 or section 228, as the case may be, to collect and deposit or remove rubbish or filth accumulating on any premises shall allow the same so as to accumulate for more than twenty-four hours.
(2) No person shall deposit any rubbish or filth otherwise than as provided in a notice issued under section 227 or section 228, as the case may be.
(3) No person shall after due provision has been made under section 226 and 230 for the deposit and removal of the same-
(a) deposit the carcasses of animals, rubbish or filth in any street or on the veranda of any building or on any unoccupied ground alongside any street or on any public quay, jetty or landing place or on the bank of a water course or tank; or
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Where a mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs, festivals or any large gathering of people or other like purposes in the City or in its neighbourhood, attracts on particular occasions a large number of persons, the commissioner shall make special arrangements whether permanent or temporary which may be necessary in the interest of public health, safety or convenience and require the trustee or other person having control over such place to make such recurring or non-recurring contribution to the funds of the corporation as the Government may determine.
(1) All public streets including tunnels, sub-ways and fly-overs in the City not reserved under the control of the Government or the Central Government, with the pavements, stones and other materials thereof, and all works, materials, implements and other things provided for such streets including all sewers, drains, streetlights, drainage works, tunnels and culverts whether made at the cost of the municipal fund or otherwise in, alongside, or under any street, whether public or private, and all works, materials, implements and other things appertaining thereto and all trees not being private property growing on public streets or by the side thereof, shall vest in the corporation.
(2) The Government, may by notification, withdraw any such street, sewer, drain, street light, drainage work, sub-way, fly-over, tunnel, culvert or tree from the control of the corporation.
(1) The corporation shall cause the public streets to be maintained and repaired and may make all improvements thereto which are necessary or expedient for public safety or convenience.
(2) Where any public street has been withdrawn from the control of the corporation under sub-section (2) of section 236 and placed under the control of Highways Department of the Government, it shall be the duty of the corporation to proved at the cost of the corporation fund to such extent as the Government may, by general or special order direct,
(a) for the lighting, watering, scavenging and drainage of such street;
(b) for the provision, maintenance and repair of the water-supply mains, drains and sewers in, alongside or under such street;
(c) for the provision,
(1) The commissioner may subject always to such sanction as may be required under Chapter IV-
(a) lay out and make new public streets;
(b) construct bridges and subways;
(c) turn, divert, or with the special sanction of the council and the Government permanently close any public street or part thereof;
(d) widen, open, extend or otherwise improve any public street;
(e) lay out and make new public streets in areas covered by huts.
(2) Compensation shall be paid to the owners and occupiers of any lands or buildings which are acquired for or affected by any such purposes.
(3) In determining such compensation, allowance shall be made for any benefit accruing to
Subject to such regulation as may be made by the council, the commissioner may regulate the means, the manner and extent of access to, and the purpose of use, of any land or building which may abut on any public street.
(1) When any public street is permanently closed under section 238, the corporation may dispose of the site or so much thereof as is no longer required making compensation to any person injured by such closing.
(2) In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street at or about the same time that the public street, on account of which the compensation is paid, is closed.
(1)The commissioner may, subject always to such sanction as may be required under Chapter IV, acquire –
(a) any land required for the purpose of widening, opening, extending or otherwise improving and public street or of making any new public street, and the buildings, if any, standing upon such land;
(b) any land outside the proposed street alignment, with the buildings, if any, standing thereupon which the council may consider it expedient to acquire.
(2) Any land or building acquired under clause (b) of sub-section (1), may be sold, leased or otherwise disposed of after public advertisement, and any conveyance made for that purpose may comprise such conditions as the standing committee thinks fit as to the removal of the existing building, if any, the description of the new building if any,
The standing committee may –
(a) prescribe for any public street a building line or a street alignment or both a building line and a street alignment;
(b) from time to time, but subject in each case to its receiving the authority of the council in that behalf define a fresh line in substitution for any line so defined or for any part thereof, provided that such authority shall not be accorded –
(i) unless, at least one month before the meeting of the council at which the matter is decided, public notice of the proposal has been given by the commissioner by advertisement in the local newspapers and the Tamil Nadu Government Gazette, and special notice thereof, signed by the commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be defined
(1) No person shall construct any portion of any building within a street alignment prescribed under section 242 provide however that the commissioner may in his discretion permit additions to a building to be made within a street alignment, if such additions merely add to the height and rest upon and existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest-
(a) not to claim compensation in the event of the commissioner at 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 wr
When any building or part thereof abutting on a public street is within a street alignment prescribed under section 242, the commissioner may, whenever it is proposed –
(a) to rebuild such building or take it down to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic metre; or
(b) to remove, reconstruct or make any addition to any portion of such building which street alignment;
In any order which he issues concerning the rebuilding, alteration or repair of such building, require such building to be set back to the street alignment;
(2) when any building or any part thereof, within the street alignment falls down or is burnt down or is, whether by order of the commissioner or otherwise, take down, the comm
The commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, with the sanction of the standing committee by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction.
(1) The standing committee may prepare schemes and plans of proposed public street showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.
(2) The width of such proposed streets shall not ordinarily be less than fifteen metres or in any area covered by huts, nine metres.
(3) When any plan has been prepared under sub-section (1), the provisions of section 244 shall apply to all buildings, so far as they stand across the street alignment of the projected street.
The commissioner may, by an order temporarily close any street to traffic for repair, or in order to carry out any work connected with drainage, water-supply, or lighting or any of purposes specified in
It shall not be lawful for any person, without the permission of the commissioner, to displace, take up or make any alteration in the fences, posts, pavement, flags or other materials of any public street.
When by certificate of an officer of the public Works department of the Government of a rank not below that of an Executive Engineer it appears to the commissioner that having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the corporation in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, or by any process of loading, unloading or depositing excessive weights thereon the commissioner may recover in the civil court, from any person by or in consequence of whose order such damage has been caused, the amount of such expenses as may be proved to the satisfaction of such court of have been incurred by the corporation by reason of the damage arising from such weight or traffic as aforesaid:
Provided that any person from whom expenses are or may be recoverable under this section may
(1) If the owner of the any land utilises, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings, he shall, save in such cases as the site or sites may abut on an existing public or private street, layout and make a street or streets giving across to the site or sites and connecting with an existing public or private street.
(2) In regard to the laying out or making of any such street or streets the provisions of section 251 shall apply, subject to the conditions that the owner shall remit a sum not exceeding 50 percent of the estimated cost of layout improvements in the land and that the owner shall also reserve not exceeding 10 percent of the layout for the common purposes in addition to the area provided for laying out streets. If any owner contravenes any of the conditions specified above he shall be l
(1) Any person intending to layout or make a new private street must send to the commissioner a written application with plans and sections showing the following particulars, namely :-
(a) the intended level, direction and width of the street;
(b) the street alignment and the building line;
(c) the arrangements to be made for the leveling, paving, metalling, flagging, channeling, sewering, draining, conserving and lighting the street;
(d) the extent of each site and its usage;
(e) the extent of open space around the building site allowed; and
(f) the extent of open space allowed for public purpose.
(2) The provisions
The provisions of section 242, 243, and 244 shall apply so far as may be, to private streets including streets to be laid out and made under section 250 or section 251.
(1) If any person lays out or makes any street referred to in section 251, without or otherwise than in conformity with the orders of the commissioner, the commissioner may, whether or not the offender be prosecuted under this Act, by notice –
(a) require the offender to show sufficient cause, by a written statement signed by him and sent to the commissioner on or before such day as may be specified in the notice, why such street should not be altered to the satisfaction of the commissioner, or if such alteration be impracticable why such street, should not be demolished, or
(b) require the offender to appear before the commissioner either personally or a duly authorized agent, on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.
(2) If any person on whom such notice is served fails to
(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the commissioner he may by notice require the owners of such street or part and the owners of the buildings and lands fronting or abutting on such street or part including in cases where the owners of the land and of the buildings thereon are different, the owners both of the land and of the building to carry out any work which in his opinion may necessary, and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportions as may be settled by the commissioner.
(1) If any street has been leveled, paved, metalled, flagged, channeled, sewered, drained, conserved and lighted under the provisions of section 254, such street, shall on the requisition of a majority of the owners referred to in sub-section (1) of that section, be declared as a public street.
(2) The commissioner shall public every declaration made under sub-section (1) in the Coimbatore District Gazette.
Encroachment on streets.
No one shall build any wall or erect any fence or other obstruction or projection or make any encroachments in or over any street or any public place the control of which is vested in the corporation except as hereinafter provided.
(1) No door, gate, bar or ground-floor window shall without a licence from the commissioner be hung or placed so as to open outwards upon any street.
(2) The commissioner may by notice require the owner of such door, gate, bar or window to alter it so that no part thereof when open shall project over the street.
(1) The commissioner may by notice require the owner or occupier of any premises to remove or alter any projection, encroachment or obstruction (other than a door, gate, bar or ground-floor window) situated against or in front of such premises and in or over any street or any public place the control of which is vested in the corporation.
(2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give him a prescriptive title or where such period is less than thirty years, for a period of thirty years or that it was erected with the consent of any municipal authority duly empowered in that behalf, and the period if any, for which the consent is valid has not expired the corporation shall make compensation to every person who suffers damage by the removal or alteration of the same.
(1) The commissioner may grant a licence subject to such conditions and restrictions as he may think fit to the owner or occupier of any premises –
(a) to put up or continue to have verandas, balconies, sunshades, weather frames and the like, to project over a street, or
(b) in streets in which the construction of arcades has been sanctioned by the council, to put up or continue to have an arcade, or
(c) to construct or to continue to have any step or drain covering necessary for access to the premises.
(2) With the concurrence of the Superintendent of Police, Coimbatore or any officer authorized by him in this behalf, the commissioner may grant a licence subject to such conditions and restrictions as he may think fit, for any temporary construction
Subject to the provisions of the Tamil Nadu Open Places (prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) and sections 158 to 163 of this Act, the commissioner may, with the sanction of the council, set up, for the exhibition of advertisements, hoardings, erections or other things in suitable places owned by or vested in the corporation and may permit any person to use any such hoardings, erection or thing on payment of such fee as may be prescribed by regulations made by the council in this behalf.
(1) The Commissioner shall, so far as is practicable during the construction or repair of any street, drain or premises vested in the corporation –
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings; and
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
(2) The commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during the night while under construction or repair.
(3) The commissioner shall, with all reasonable speed, cause the said work to be completed, the grou
No person shall without lawful authority remove any bar, chain, post, or shorting timber or remove or extinguish any light set up under section 261.
(1) No person shall make a hole or cause any obstruction in any street unless he previously obtains the permission of the commissioner and complies with such conditions as he may impose.
(2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed, until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.
If any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street or footway is likely to be obstructed or rendered inconvenient by means of such work he shall first obtain a licence from the commissioner in that behalf and shall also-
(a) cause the said building to be fenced and guarded;
(b) sufficiently light it during the night; and
(c) take proper precautions against accidents during such time as the public safety or convenience requires.
If any obstruction is caused in any street by the fall of trees, structures or fences, the owner or occupier of the premises concerned shall within twelve 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.
Naming or numbering of streets and buildings, etc
(1) With the approval of the Government the council shall give names or numbers to new public streets and shall also give names to park, playground, bus-stand, arch or new municipal property and may subject to the approval of the Government alter the name or number of any public street, park, playground, bus-stand, arch or municipal property :
(1) Proviso omitted by Tamil Nadu Act 19 of 1990.
(2) The commissioner shall cause to be put up or painted in Tamil and in English on conspicuous part of some building, wall or place, at or near each end, corner or entrance of every public street, the name or number by which it is to be known.
(3) No person shall without lawful authority destroy, pull down or deface any such name or number or put up any name or number different from that put up by order of the commissioner.
(1) The commissioner may cause a number to be affixed to the side of outer door of any building or to some place at the entrance to the enclosure thereof.
(2) No person shall, without lawful authority, destroy, pull down or deface any such number.
(3) When a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced; and if he fails to do so, the commissioner may be notice require him to replace it.
(1) The Government may make rules –
(a) for the regulation or restriction of the use or development of sites for building, and
(b) for the regulation or restriction of building including the location, design, construction its use for residence, commerce, trade, industry, recreation, culture and other purposes, and
(c) for the regulation of erection, maintenance and safety of building.
(2) Without prejudice to the generality of the power conferred by clause (a) of sub-section (1), rules made under that clause may provide –
(a) that no insanitary or dangerous site shall be used for building, and
(b) that no site shall be used for construction of a building intend
(1) The council may give public notice of its intention to declare –
(a) that in any street or portions of streets specified in the notice,-
(i) continuous building will be allowed,
(ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall, in respect of their architectural features, be such as the commissioner may consider suitable to the locality, or
(b) that in any localities specified in the notice the constructions of only detached buildings will be allowed, or
(c) that in any streets, portions of streets or localities specified in the notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural chara
(1) The council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent or otherwise as it may determine, and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity.
(2) Subject to the provisions of sub-section (3) for any land so acquired the corporation shall pay an amount which shall be take market value of such land on the date of acquisition.
(3) In determining such an amount, allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.
(1) No external roof, verandah, pandal or wall of a building and no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable materials except with the permission of the commissioner nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year, except with such permission.
(2) Every permission granted under sub-section (1) shall expire at the end of the year for which it is granted.
Buildings other than huts
(1) If any person intends to construct or reconstruct a building, he shall send to the commissioner –
(a) an application in writing for approval of the site together with a site-plan of the land, and
(b) an application in writing for permission to execute the work together with a ground plan, elevations and sections of the buildings and a specification of the work.
(2) Every document furnished under sub-section (1) shall contain such particulars and be prepared in such manner as may be required under rules or by-laws.
The Commissioner shall not grant permission to construct or reconstruct a building unless and until he has approved of the site on an application made under section 272.
(1) The construction or reconstruction of a building shall not be begun unless and until the commissioner has granted permission for the execution of the work.
(2) While granting permission under sub-section (1), the commissioner may specify in writing, the precautions to be observed with reference to the constructions or reconstruction by the person making the application under sub-section (1) of section 272 and such person shall be responsible for the due observance of the precautions.
Within thirty days after the receipt of any application made under section 272 for approval of a site, or of any information or further information required under rules or by-laws the commissioner shall, by written order, either approve the site or refuse to approve the site on one or more of the grounds mentioned in section 278.
Within thirty days after the receipt of any application made under section 272 for permission to execute any work or of any information or of documents or further information or documents required under rules or by-laws the commissioner shall, by written order, either grant such permission or refuse to grant such permission on one or more of the grounds mentioned in section 278 or section 279 ;
Provided that the said period of thirty days shall not begin to run until the site has been approved under section 275.
(1) If within the period laid down in section 275 and section 276, as the case may be, the commissioner has neither given nor refused his approval of a building site, or his permission to execute any work, the standing committee shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.
(2) If the standing committee does not, within thirty days from the receipt of such written request determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as contravene any of the provisions of this Act or any rule or by-law made under this Act.
(1) The only grounds on which approval of a site for the construction or reconstruction of building or permission to construct or reconstruct a building may refused, are the following, namely:
(1) that the work or the use of the site for the work or any of the particulars comprised in this site-plan, ground plan, elevations, sections or specifications would contravene some specified provision of any law or some specified order, rule, declaration or by-laws made under any law;
(2) that the application for such permission does not contain particulars or is not prepared under rules or by-laws;
(3) that any of documents referred to in section 272 have not been signed as required under rules or by-laws;
(4) that any information or documents required by t
Notwithstanding anything contained in this Chapter, if any street shown in the site plan is intended to be a private street the commissioner may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.
(1) If the construction or re-construction of a building is not commenced within six months after the date on which permission was given to execute the work, the work shall not be commenced until an application has been made for the renewal of permission granted under this chapter, and the provisions of section 272 to 279 shall, so far as may be apply to such application for renewal of permission.
(2) If the construction or re-construction of the building is not completed within such period (not exceeding two years from the date on which permission was given for the construction or reconstruction) as may be specified in this behalf it shall not be continued thereafter until an application has been for the renewal of permission granted under this chapter and provision of section 272 to 279, shall, so far as may be, apply to such application for renewal of permission.
The commissioner may inspect any building during the construction or reconstruction thereof, or within one month from the date of receipt of the notice given under section 129.
(1) If the commissioner finds that the work-
(a) is otherwise than in accordance with the plans or specifications which have been approved, or
(b) contravenes any of the provisions of this Act, or any rule, by-law, order or declaration made under this Act,
He may by notice require the owner of the building, within a period stated either –
(i) to make such alterations as may be specified in the said notice with the object of bringing the work in conformity with the said plans, specifications or provisions or,
(ii) to show cause why such alterations should not be made.
(2) If the owner does not show cause as aforesaid, he shall be bound to make the alterations
Notwithstanding any action taken under section 282 or under sub-section (1) of section 441 where in the opinion of the commissioner any building has been constructed or altered otherwise than in accordance with the plans and specifications which have been approved or in contravention of any of the provisions of this Act or any rule, by-law, order or declaration made under this Act the commissioner may direct the owner of such building to pay by way of penalty a sum not exceeding fifty rupees for every half year or part thereof in respect of every nine square metres or part thereof covered by the portion or portions of the building so constructed or altered, the area of the ground floor and the other floors, if any being reckoned separately. Such penalty shall be recovered in the same manner as the property tax until the portion or portions aforesaid are removed or rectified by the owner and the resulting construction is approved by the commissioner.
Notwithstanding anything contained in any of the preceding sections, the commissioner may, at any time, stop the construction or reconstruction or any building if in his opinion the work in progress contravenes any of the rules, regulations or bylaws framed under this Act, or endangers human life.
In sections 272 to 284 the word “building “ does not include a hut.
(1) If any person intends to demolish a building either in whole or in part, he shall send an application to the commissioner in writing for permission to execute the work.
(2) The commissioner shall grant permission to execute the work subject to such conditions, as he may deem necessary for ensuring the health or safety of the people living within or near the building.
(3) The demolition of a building shall not be begun unless and until the commissioner has granted permission for the execution of the work, and the work shall not be executed without complying with the conditions, if any, subject to which the permission has been granted.
Wells
The provisions of sections 272, 273, 274, 280, 281, 282, 284 shall, so far as may be, apply to wells.
(1) Every person who intends to construct or reconstruct a hut shall send to the commissioner-
(a) an application in writing for permission to execute the work and
(b) a site plan of the land
(2) Every such application and plan shall contain the particulars and be prepared in the manner required under rules or by-laws.
The construction or reconstruction of a hut shall not be commenced unless and until the commissioner has granted permission for the execution of work on an application sent to him under section 288.
Within fourteen days after the receipt of any application made under section 288 for permission to construct or reconstruct a hut, or of any information or plan or further information or fresh plan required under rules or bylaws, the commissioner shall, by written order, either grant such permission or refuse to grant such permission on one or more of the grounds, mentioned in section 292.
If within the period laid down in section 290 the commissioner has neither granted nor refused to grant permission to construct or reconstruct a hut, the standing committee shall be bound on the written request of the applicant, to determine by written order whether such permission should be granted or not.
(2) If the standing committee does not, within thirty days from the receipt of such written request, determine whether such permission should be granted or not, such permission shall be deemed to have been granted and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rule or by-law made under this Act.
The only grounds on which permission to construct or reconstruct a hut may be refused are the following , namely :-
(a) that the work or the use of the site for the work would contravene some specified provision of any law or some specified rule, by-law, order or declaration made under any law;
(b) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or by-laws,
(c) that any information or plan required by the commissioner under rules or by-laws has not been duly furnished;
(d) that streets or roads have not been made as required by section 250;
(e) that the land on which the hut is to be constructed or the street or streets on which su
(1) If the construction or reconstruction of any hut is not commenced within three months after the date on which permission was given to execute the work, the work shall not be commenced until an application has been made for the renewal of permission granted under this Chapter and the provisions of sections 288 to 292 shall, so far as may be, apply to such application for renewal of permission.
(2) If the construction or reconstruction of the hut is not completed within such period (not exceeding one year from the date on which permission was given for the construction or reconstruction ) as may be specified in this behalf it shall not be continued thereafter until application has been made for the renewal of permission granted under this Chapter and the provisions of sections 288 to 292 shall, so far as may be, apply to such applications for renewal of permission.
The owner or occupier of any building adjoining a street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the commissioner.
(1) The provisions of this Chapter and of any rules or by-laws made under this Act relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or additions thereto;
Provided that works of necessary repair which do not affect the position or dimensions of a building or any room therein shall not be deemed an alteration or addition for the purposes of this section.
(2) If any question arises as to whether any addition or alteration is necessary repair not affecting the position or dimensions of a building or room such question shall be referred to the standing committee, whose decision shall be final.
Powers of commissioner
(1) If the commissioner is satisfied –
(1) that the construction or reconstruction of any building or well –
(a) has been commenced without obtaining the permission of the commissioner or where an appeal or reference has been made to the standing committee, in contravention of any order passed by the standing committee, or
(b) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based, or
(c) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or by-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or by-laws, or
(1) If the construction or reconstruction of any building or well –
(a) is commenced without the permission of the commissioner or
(b) is carried on otherwise than in accordance with the particulars on which such permission was based or
(c) is carried on in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or by-law made under it, or of any direction or requisition lawfully given or made, the commissioner may, after three days notice, direct that any person directing or carrying on such construction or reconstruction, or any person employed in the execution thereof in such building or well or any other place adjacent thereto shall be removed from such building, well or place.
(2) It shall be the duty of every police officer to assist the c
Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house, meter-house, summer-house ( not being a dwelling-house), poultry house, or aviary, shall be exempted from the provisions of this Chapter other than section 271, provided the building be wholly detached from and situated at a distance of at least three metres from the nearest adjacent building.
The standing committee may, subject to the approval of the council, decide whether any particular area is or not a hutting ground as defined in clause (21) of section 2 and the decision of the standing committee shall, on such approval, be final. The standing committee may also, subject the approval of the council, define the external limits of any hutting ground and from time to time alter such limits.
Improvement of hutting grounds
(1) The commissioner may, of sanitary reasons, require the owner or occupier of any hutting ground of which the total area as comprised within the limits defined under section 299 is less than one thousand four hundred and fifty square metres.-
(a) to open up and construct such passages, not exceeding 3.5 metres in width, between the buildings or huts, and to provide such surface drains and latrines for the use of the tenants of the hutting ground, as the commissioner may think necessary; and
(b) to remove the whole or any portion of a hut provided that the owner or occupier of the building or hut shall be entitled to receive from the municipal fund such compensation calculated according to the estimated value of the structure removed, as the commissioner may determine.
(2) When the commission
(1) the commissioner may, at any time, if it appears to him that any hutting ground, for sanitary reasons, requires improvements, serve a notice upon the owner or occupier of such hutting ground requiring him to prepare and submit a plan of the hutting ground, to the scale of four metres to the centimeter, showing-
(a) the manner in which the hutting ground should be laid out, with the building or huts standing in regular lines and with a free passage, in front of and behind each line, of such width as may necessary for proper ventilation and for scavenging;
(b) the drains for the general use of tenants of the hutting ground.
(c) the means of lighting, common water-supply, bathing arrangements, if any and common privy accommodation to be provided for the use of the tenants;
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(1) If, after the service of a notice under section 301, on the owner or occupier of any hutting ground-
(a) such owner or occupier prefers for any reason to have a plan prepared for them by the commissioner, or
(b) such owner or occupier fails to comply within sixty days with such notice; or
(c) such owner or occupier does not agree among themselves in the preparation of a plan as required by such notice, the commissioner shall cause the hutting ground to be inspected by two persons appointed in that behalf, one of whom shall be the health officer of the corporation or a person holding the diploma of Public Health or having such other qualification as may prescribed by the council in this behalf, and the other an engineer, and the commissioner on receipt of their report shall cause a plan to
When the owner or occupier of a hutting ground has been required under section 301 to prepare a plan, no new building or hut shall be erected and no addition shall be made to any building or hut in such hutting ground until a plan has been prepared and approved under that section or under section 302.
- When a standard plan has been approved for any hutting ground under section 301 or section 302 no new building or hut shall be erected and no addition shall be made to any building or hut in such hutting ground unless the building or hut, or the portion to be added, as the case may be, occupies a site, or portion of a site, marked in the standard plan as the site for building or hut.
When a standard plan has been approved for hutting ground under section 301 or section 302, the commissioner may, at any time, by notice, require the owner or occupier of any building or hut in such hutting ground, which is not in conformity with the standard plan, to remove the whole or any portion of such building or hut.
(2) When a building or hut or portion of a building or hut has been removed in compliance with a requisition made under sub-section (1), the owner or occupier thereof shall be entitled to receive from the municipal fund such compensation calculated according to the estimated value of the structure removed, less the value of the materials, if the owner or occupier elects to take these as the commissioner may determine.
(1) The commissioner may at any time, by notice require the owner or occupier of any hutting ground for which a standard plan has been prepared under section 301 or section 302,-
(a) to construct the drains, privies, streets and passages, provide the means of lighting, water-supply and common bathing arrangements and carry out the other improvements shown in such plan, so far as may be practicable having regard to the existing arrangement of the huts; and
(b) if any tank, well or low land is shown is such plans as to be conserved of filled up, to conserve of fill up such tank, well or low land.
(2) Until such notice is complied with, the commissioner may refuse to sanction the erection of new building or hut or the making of any addition to any building or hut in the hutting ground.
(1) If it appears to the commissioner that any hutting ground-
(a) by reason of the manner in which the buildings huts are crowded together; or
(b) for any other reason,
Is in such an unhealthy condition that their procedure provided by the foregoing sections of this Chapter would be too dilatory to meet the emergency, he may, after giving notice to the owner or occupier of the hutting ground, cause the hutting ground to be inspected by two persons appointed in that behalf, one of whom shall be the Health Officer of the corporation or a person holding the diploma of Public Health or having such other qualification as may be prescribed by the council in this behalf, and the other an engineer. In appointing such persons the commissioner shall consider any proposals made by the owner or occupier
(1) The standing committee shall consider every report together with the plan and Schedules A and B annexed thereto made under section 307 and after considering the objections, if any, of the owner or occupier of the hutting ground in respect of which the report has been made, and of any owner or occupier of any hut which is required to be demolished or altered and of the owner or occupier of any masonry building which is to be dealt with under sub-section (4) of section 307 may approve such plan and Schedules after making such modification, if any, therein as it may think fit.
(2) The plan so approved shall be deemed to be the standard plan of such hutting ground.
When Schedule A annexed to a report made under section 307 has been approved under section 308 the commissioner may cause a written notice to be served upon-
(a) the owner or occupier of the building or hut referred to in such Schedule A, or
(b) the owner or occupier of the hutting ground in which such buildingsor huts are situated,
Requiring them to carry out all or any of the improvements specified in that Schedule or any portion of such improvements.
When any improvements required by a notice under section 309 are carried out by the commissioner under section 471 all expenses incurred thereby, including such compensation as the commissioner may think fit to pay to the owner or occupier of building or hut removed shall be paid by the owner of the hutting ground to the corporation and shall constitute a charge upon such hutting ground:
Provided that notwithstanding anything contained in section 475, if it appears to the standing committee that any such owner is unable by reason of poverty, to pay such expenses or any portion thereof, in the case of expenses relating to work which should, in the opinion of the standing committee have been done by the owner or occupier of huts within the hutting ground, it may order the same or any portion thereof to be paid out of the municipal fund, and in the case of expenses which should be pai
(1) If, in carrying out any improvements as provided in section 309, the commissioner causes any building or hut or any portion thereof to be pulled down, he shall-
(a) cause the materials of such building, hut or portion to be given to the owner of the building or hut if such owner elects to take them; or
(b) if the owner does not elect to take the materials of if the owner be unknown or the title to the building or hut be disputed, cause such materials to be sold, and hold in deposit, the proceeds of the sale, together with any sum awarded as compensation under section 310.
(2) Any amount held in deposit under clause (b) of sub-section (1) shall be so held by the corporation until any person obtains an order from a competent court for the payment to him of such amount.
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The standing committee may, at any time after the receipt of a report made under section 307, direct the commissioner to purchase or acquire-
(a) any building within such hutting ground, or
(b) any land appertaining to such building, or
(c) any such building, together with the land appertaining thereto or any portion thereof, which is mentioned in that behalf in Scheduled A or Schedule B, annexed to such report provided however, that it shall be competent for the commissioner to purchase any item of property mentioned above, if it does not exceed rupees one thousand in value.
When a standard plan of a hutting ground and any Scheduled B, annexed to the report made under section 307 with respect to that hutting ground, have been approved under section 308-
(a) the provisions of section 304 shall apply to such hutting ground, and
(b) the provisions of section 305 and 306 shall apply to such hutting ground in respect of the improvements indicated in that Schedule as provided in sub-section (4) of section 307.
(1) Nothwithstanding anything contained in sections 308 to 313 the standing committee may, after receipt of a report made under section 307 with respect to any hutting ground and after giving an opportunity of being heard to the owner or occupier thereof, pass a resolution to the effect that the hutting ground is an unhealthy area and that in its opinion, the purchase or acquisition of the hutting ground, or any portion thereof is necessary for the purpose of making the improvements referred to in the said report.
(2) When any such resolution has been passed, the commissioner shall make a plan for the improvement of the said hutting ground or portion thereof, together with such estimates as may be necessary for a due understanding of the same, and may them purchase or acquire that said hutting ground or portion, and such plan shall be deemed to be the standard plan of hutting groun
(1) No standard plan approved for a hutting ground under this Chapter shall without the consent of the owner thereof, show more than-
(a) one-third of the whole area of such hutting ground as streets or passages, or
(b) one-half of such area as open lands not to be built upon, whether such open lands be common ground, streets, passages or spaces behind a line of buildings or huts.
(2) In calculating the said proportions of one-third and one-half of any such area, no tank situated therein that has not been filled up shall be taken into account.
(1) When the land included in a hutting ground is owned by more owners than one, each owing one or more separate plots of such land, the standard plan approved under this Chapter for such hutting ground shall, as far as practicable, provide-
(a) for one or more buildings or huts being completely contained in each such plot; and
(b) for such proportion of each such plot being taken for streets, passages and open lands as is specified in section 315.
(2) If a greater proportion of any one such plot than the proportion specified in section 315 is so taken such standard plan shall indicate-
(i) the compensation which shall be payable to the owner of such plot; and
(ii) the person who are liable to pay such co
(1) Every street or passage in a hutting ground which is shown in the standard land approved under this Chapter for that hutting ground and which is not already a public street, shall, unless such street or passage is declared to be a public street under section 255 be deemed to be private street and the portion thereof which falls on the land of each owner shall belong to such owner.
Provided that any portion of any such street or passage which is situated on land purchased or acquired under section 312 shall remain the property of the corporation.
(2) Every such private street, at all times, be kept open for sanitary purposes and for all other purposes of this Act in such manner as the commissioner may require, and shall also kept open for the use of all the tenants of the hutting ground;
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The bathing arrangements and privy accommodation in a hutting ground, which are shown in the standard plan approved under this Chapter for such hutting ground as being common to the use of all or some of the tenants of the hutting ground, shall at all times be kept available for the use of such tenants:
Provided that notwithstanding anything contained in Limitation Act, 1963 (Central Act XXXVI of 1963), if at any time the land on which any such bathing arrangements or privy accommodation are provided ceases to form part of such hutting ground, no such use shall, by reason of any lapse of time, be held to confer any right on any person so as to prejudicially affect the rights of the owner of such land.
(1) The owner of any land in a hutting ground, for which a standard plan has been approved under this Chapter, shall maintain proper order and repair, to the satisfaction of the commissioner such streets, passages, drains, common bathing arrangements, common privy accommodation, means of lighting, means of water supply and other works on the land as may be shown in the plan.
(2) The commissioner, may at any time, cause a notice to be served upon such owner requiring him so to maintain such streets, passages, drains, common bathing arrangements, common privy accommodation, means of lighting, means of water-supply and other works.
Provided that any convenience made by the owner of a building or hut for his own use shall, subject to such notice as aforesaid, be maintained by him and not by the owner of the hutting ground.
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(1) The owner of any land in a hutting ground, for which a standard plan has been approved under this Chapter, shall be deemed to be the occupier of -
(a) all the streets, passages and common ground ;
(b) all drains provided for the use of more than one hut ; and
(c) the common bathing arrangements, common privies and means of lighting the hutting ground on such land so far as the same are constructed in accordance with the standard plan.
(2) The owner of any building or hut in such hutting ground shall be deemed to be the occupier of -
(i) the land on which such building or hut stands;
(ii) the open space behind such building or hut which appertains thereto; a
When a hutting ground has been brought into conformity with the standard plan approved under this Chapter for such hutting ground, it shall be deemed to be a remodeled hutting ground.
(1) The owner of any land included in a hutting ground which bears a separate number in the assessment book may, at any time, whether a standard plan for the hutting ground has been prepared under this Chapter or not, send notice to the commissioner that he intends to remove all the buildings or huts standing on such land ;
Provided that the receipt of any such notice by the commissioner shall not be a bar to the approval by the commissioner or the standing committee under this Chapter, of a standard plan for such hutting ground.
(2) From the date of such notice no application shall be entertained for erecting on such land any new building or hut or adding to any building or hut standing on the land.
(3) Such owner shall within six months after the date of such notice, or within such further t
(1) In any hutting ground, in respect of which a standard plan has not been prepared, or in any area in which it appears to the commissioner, that huts are likely to be erected, the standing committee, may, after considering the objections, if any, of any owner of land in such hutting ground or in such area, prescribe alignments, not more than five metres in width, for such private streets as it may think fit.
(2) When the land within such hutting ground or area is owned by more owners than one, each owning one or more separate plots of such land, such alignments shall as far as practicable, be so prescribed as not to occupy, within any such plot, more than one-fourth of the area thereof and shall not ordinarily be less than thirty metres apart.
(3) If, in any such plot, more than one-fourth of the area thereof is occupied by such alignm
(1) In any hutting ground, at any time after the expiration of seven years from the time when any alignment has been prescribed -
(a) for a street under section 323, or
(b) for buildings or huts,
The commissioner may, by notice require the owner of the land or the owner or occupier of the existing buildings or huts or remove such buildings or huts or portions thereof as follows -
(i) within any such prescribed street alignment and
(ii) within 1.5 metres on either side of any such prescribed building or hut alignment, as the case may be,
(2) when a building nor hut has been removed under the provisions of sub-section (1), the corporation shall pay to the owner
Any person who erects a masonry building -
(a) in any hutting ground in respect of which a standard plan has been approved under section 301, 302 or 308 or
(b) in any hutting ground or area in respect of which alignments fro streets have been prescribed under section 323;
Shall if so required by notice issued by the commissioner, leave a clear space of 4.5 metres between the centre line of any street or passage shown in such plan, or of any street the alignment for which has been so prescribed, as the case may be, and the nearest part of such building.
(1) The provisions of this Chapter and of any rules or by laws made under this Act in so far as they relate to construction and reconstruction of buildings or huts in hutting grounds shall also be applicable to any alteration to, such buildings or huts;
Provided that works of necessary repair which do not affect the position or dimensions of a building or hut or any room therein shall not be deemed to be an alteration or addition for purposes of this section.
(2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimensions of a building, hut or room , such question shall be referred to the standing committee whose decisions shall be final.
(1) If any structure be deemed by the commissioner to be in a ruinous state or dangerous to passers-by or to the occupiers of neighbouring structures, the commissioner may, by notice, require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.
(2) If immediate action is necessary the commissioner may himself, before giving notice or before the period of notice expires fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in section 478.
(3) If, in the commissioner's opinion, the said structure is imminently dangerous to the inmate thereof, the commissioner shall order the immedia
(1) If any tree or any branch of a tree or fruit of any tree be deemed by the commissioner to be likely to fall and thereby endanger any person or any structure, the commissioner may by notice require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary the commissioner may himself, before giving such notice or before the period of notice expires secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such temporary measures, as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner in the manner provided insection 478.
If any tank, pond, well, hole, stream, dam, bank or other place be deemed by the commissioner to be, for want of sufficient repair, protection or enclosure, dangerous to the passers by, or to persons living in the neighbourhood, the commissioner may by notice, require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
(2) If immediate action is necessary, the commissioner may himself, before giving such notice or before the period of notice expires take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in section 478.
The commissioner may, by notice, require the owner of any structure, booth, or tent partly or entirely composed of, or having any external roof, verandah, pandal, fence or wall partly or entirely composed of cloth, grass, leaves, mats or other inflammable materials to remove or alter such structure, booth, tent roof, verandah, pandal, fence, or wall or may grant him permission to retain the same on such conditions as the commissioner may think necessary to prevent danger from fire.
(2) The commissioner may by notice require any person using any place for the storage of private use of timber, fire-wood or other combustible things to take special steps to guard against danger from fire.
(3) Where the commissioner is of opinion that the means of egress from any structure are insufficient to allow of safe exits in the event of fire, he may,
(1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the commissioner.
(2) The commissioner may grant permission subject to such conditions as he may deem necessary or may refuse it for reasons to be recorded by him.
(3) If any such work is begun or completed without such permission, the commissioner may, either -
(a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the commissioner shall direct, or
(b) grant permission to retain such work but such permission, shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).
If, in the opinion of the commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to person residing in or having legal access to the neighbourhood therefore creates or is likely to create a nuisance, the commissioner may, with the approval of the standing committee, by notice, require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place, as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
(1) If, in the opinion of the commissioner -
(a) any pool, ditch, tank, well, pond, bog, swamp, quarry, hold, drain, cesspool, pit water course, or any collection of water; or
(b) any land on which water may at any time accumulate, is, or is, likely to become, a breeding place of mosquitoes or in any other respect a nuisance, the commissioner may by notice require the owner or person having control thereof to fill up, cover over, weed, stock with larvicidal fish, treat with kerosene oil, drain or drain off the same in such manner and with such materials as the commissioner shall direct or to take such order with the same for removing or abating the nuisance as the commissioner shall direct.
(2) If a person on whom a requisition is made under sub-section (1) to fill up, cover over or drain off
(1) The commissioner may, by notice, require the owner of or person having control over any private water-course, spring, tank, well or other place the water of which is used for drinking, bathing, or washing clothes to keep the same in good repair, to cleanse it in such manner as the commissioner may direct and to protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice.
(2) If the water of any private tank, well, or other place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the commissioner to be unfit for that purpose, the commissioner may, by notice, require the owner or person having thereof to -
(a) refrain from using or permitting the use of such water, or
(b) close
If it appears to the commissioner that any public well or receptacle of stagnant water is likely to be injurious to heath or offensive to the neighbourhood, he shall cause the same to be cleansed, drained, or filled up.
The commissioner may regulate or prohibit the washing of animals, clothes or other things or fishing in any river or estuary within the City in the interests of public health.
It shall not be lawful for any person to -
(a) bathe in any tank, reservoir, conduit, fountain, well or in other place set apart by the corporation, or by the owner thereof, for drinking purposes;
(b) wash or cause any animal or any vehicle such as lorry, bus and the like or thing to be washed in any such place,
(c) throw, put or cause to enter into the water in any such place, any animal or any vehicle such as lorry, bus and the like whereby the water may be fouled or corrupted, or
(d) cause or suffer to drain into or upon any such place, or cause or suffer anything to be brought therein to or do anything, whereby the water may be fouled or corrupted.
Control over abandoned lands, untrimmed hedges, etc.
If any building or land, by reason of abandonment, disputed ownership; or other cause remains untenanted and thereby becomes a resort of the idle and disorderly persons in the opinion of the commissioner becomes a nuisance, the commissioner may, after due enquiry, by notice, require the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same.
The commissioner may, by notice, require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or undergrowth put the building or land in proper state or to clear and remove such vegetation, trees or undergrowth within twenty-four hours or such longer period and in such manner as may be specified in the notice.
If, in the opinion of the commissioner, the storage, dumping or deposit in any building or land or coal, charcoal, ashes, cinders, gunny bags, wool, cotton or any material or the sifting, breaking, cutting or burning of such coal, charcoal, ashes, cinders or material or subjecting the same to any process causes or is likely to cause nuisance to the inhabitants in the neighbourhood of such building or land, by the emanation of dust, floating particles, smoke, unwholesome smell or noise or otherwise, he may, by notice, require the owner of occupier of such building or land to take such steps as may be specified in the notice for the abatement of such nuisance.
The commissioner may, by notice require the owner or occupier of any building or land near a public street to -
(a) fence the same to the satisfaction of the commissioner;
(b) trim or prune any hedges bordering on the said street so that they may not exceed such height from the level of the adjoining roadway as the commissioner may determine; or
(c) cut and trim any hedges and trees overhanging the said street and obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger.
Control over insanitary buildings
The commissioner, if it appears to him necessary for sanitary purposes to do, may by notice, require the owner or occupier of any building to lime wash or otherwise cleanse the building inside and outside in the manner and within a period to be specified in the said notice.
(1) Whenever the commissioner considers -
(a) that any building or portions thereof is, by reason of its having no plinth or having plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger or disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety, or.
(b) that a block or group of buildings, is for, any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid.
he may, by notice, require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings, or portions
(1) If any buildings or portion thereof, intended for or used as a dwelling-place appears to the commissioner to be unfit for human habitation, he may apply to the standing committee to prohibit the further use of such building for such purpose and the standing committee may, after giving the owner and occupiers thereof a reasonable opportunity of showing cause why such order should not be made, make a prohibitory order as aforesaid.
(2) When any such prohibitory order has been made, the commissioner shall communicate the purport thereof to the owner and occupiers of the building and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier shall use or suffer it to be used for human habitation until the commissioner certifies in writing that the causes rendering it unfit for human habitation have b
(1) If it appears to the commissioner that any dwelling house or other building which is used as a dwelling place, or any room in any such dwelling house of building, is so overcrowded as to endanger the health of the inmates thereof, he may apply to a magistrate to abate such overcrowding; and the magistrate after such inquiry as he thinks fit to make, may, by written order, require the owner of the building or room within a reasonable time, not exceeding four weeks to be laid down in the said order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper.
(2) the standing committee may, declare what amount of superficial and cubic space shall be deemed for the purposes of sub-section (1) to be necessary for each occupant of a building or room.
&
(1) When the commissioner takes down any building or part thereof or cuts own any tree or hedge or shrub or part thereof or removes any fruit by virtue of his powers under this Chapter or under section 471, the commissioner may sell the materials or things taken down or cut down or removed and shall in the case of sale apply the proceeds in or towards payment of the expenses incurred and pay any surplus accruing from such sale to the owner or other person entitled thereto on demand made within twelve months from the date of sale. If no such demand is made such surplus shall be forfeited to the corporation.
(2) If after reasonable inquiry it appears to the commissioner that there is no owner or occupier to whom notice can be given under may section in this chapter he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may
No person shall be entitled save as provided in section 333 and 343 to compensation for any damages sustained by reason of any action taken by a municipal authority in pursuance of its powers under this chapter.
Nothing in this Act or in any rule, by-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, by-law or regulation in respect of any place in occupation or under the control of the Government or the Central Government or of a market committee established or deemed to be established under the Tamil Nadu Agricultural Produce Markets Act, 1959 (Tamil Nadu Act XXIII of 1959), or in respect of any property belonging to the Government or the Central Government or to such market committee.
Food establishments
(1) No person shall without or otherwise than in conformity with the terms of a licence granted by the commissioner in this behalf keep any eating house, teashop, coffee-house, café, restaurant, refreshment-room, or anyplace, where the public are admitted for the consumption of any food or drink or any place where food is sold or prepared for sale.
(2) the commissioner may at any time cancel or suspend any licence granted under sub-section (1), if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any by-law under section 432 relating to such premises whether or not the licencee is prosecuted under this Act.
Notes
Secs. 349,342 & 451 - Transfer of licence in favour of the legal representative of a deceased
Noperson shall -
(a) without the permission of the commissioner or otherwise than in conformity with the terms of such permission, keep pigs in any part of the City;
(b) keep any animal or bird on his premises so as to a nuisance or so as to be dangerous; or
(c) feed or permit to be fed on filth of animal which is kept for dairy purposes or may be used for food.
(a) dog or pig not taxed under section 142; or
(b) monkey,
Found straying, may be summarily destroyed by any person authorized in that behalf in writing by the commissioner.
(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which animals or quad-rupeds are kept or taken in for purposes of profit shall apply to the commissioner for a licence not less than forty-five and not more than ninety days before the opening of such place of the commencement of the year for which the licence is sought to be renewed, as the case may be.
(2) The commissioner may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
(3) No person shall without or otherwise than in conformity with a licence, use any place or allow any place to be used for any such purpose.
(1) All stables, cattle-sheds and cow-houses or structures to house animals or pets shall be under the survey and control of the commissioner as regards their site, constructions, materials and dimensions.
(2) The commissioner may, by notice, require that any stable, cattle-shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned, or be supplied with water, or be connected with a sewer, or be demolished or be improved by constructing a diaphragm.
(3) Every such notice shall specify the time-limit within which the work referred to under sub-section (2) has to be carried out and shall be addressed to the owner or person having control of the stable, cattle-shed or cow-house.
(4) The expense of executing any work in
If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the commissioner, may, by , notice, direct that the same shall no longer by sued as a stable, cattle-shed or cow-house. Every such notice shall state the grounds on which it proceeds.
Landing places, cart-stands ,etc.
(1) The commissioner may construct or provide public landing places, halting places, cart-stands, cattle-sheds and cow-houses and may charge and levy such fees for the use of the same as the standing committee may fix.
Explanation.- A cart-stand shall, for the purposes of this Act, include a stand for carriages including motor vehicles within the meaning of the Motor Vehicles Act, 1939 (Central Act IV of 1939) and animals.
(2) A statement of the fees fixed by the standing committee for the use of each such place, shall be put in Tamil and English in a conspicuous part thereof.
(3) The commissioner may farm out the collection of such fees for any period not exceeding three years at a time, on such terms and conditions as he may think fit.
Notes
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Where the commissioner has provided a public landing place, halting place, cart-stand, cattle-shed, or cow-house, he may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the standing committee of any public place or the sides of any public street.
Provided that nothing contained in this section shall be deemed to authorize the commissioner to prohibit the use of any place in the City by the government as a stand solely for motor vehicles.
(1) If the fee leviable under sub-section (1) of section 355 is not paid on demand, the person appointed to collect such fee may seize and detain such portion, of the appurtenances or load of such cart, carriage, motor vehicle, or animal as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event or their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal.
(2) All property seized under sub-section (1) shall be sent within twenty-four hours to the commissioner or to such person as he may have authorized to receive and sell such property and the commissioner shall forthwith give notice to the owner of the property seized, or if the owner is not known or is not resident within the City, to the person who was in charge of such property at the time when it
(1) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the commissioner a licence to do so.
(2) Applications for such licence shall be made by the owner of the place in respect of which the licence is sought not less than forty five and not more than ninety days before the opening of such place as a cart-stand or the commencement of the year for which the licence is sought to be renewed, as the case may be.
(3) The commissioner shall, as regard private cart-stands already lawfully established and may, at his discretion as regards new private cart-stands, grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to conservancy as he may think proper, or he may refuse to grant any such licence for any ne private cart-s
(1) The occupier of any person in or on which any animal shall die or on which the carcass of any animal shall be found, and the person, having the charge of any animal which dies in a street or in any open place, shall within three hours after the death of such animal, or if the death occurs at night within three hours after sunrise, either-
(a) remove the carcass of such animal to such receptacle, depot or place as may be appointed by the commissioner in that behalf, or
(b) report the death of the animal to an officer of the health department in charge of division of the City in which the death occurred, with a view to his causing the same to be removed.
(2) When any carcass is so removed by the health department, a fee for the removal, of such amount as shall be fixed by the commissioner, s
(1) No place within the limits of the city shall be used for any of the purposes mentioned in Scheduled IV without a licence obtained from the commissioner and except in accordance with the conditions specified therein:
Provided that no such licence shall be required for the use of any place for a lodging house as defined in the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939), if the keeper thereof has been registered under that Act.
(2) The owner or occupier of every place for the use of which for any purpose a licence is required under sub-section (1) shall apply to the commissioner for such licence not less than forty-five and not more than ninety days before the place is used for such purpose.
(3) Every application for a licence for the use of any place for the purpose of s
(1) Every person intending -
(a) to construct or establish any factory, workshop or work place in which it is proposed to employ stem-power, water-power, or other mechanical power or electric power, or,
(b) to construct any building, hut or structure which is intended to be used for any of the purposes mentioned in Schedule IV; or
(c) to install in any place any machinery or manufacturing plant driven by steam, water, electric or other power as aforesaid, not being machinery or manufacturing plant exempted by rules, shall before beginning such construction, establishment or installation make an application in writing to the commissioner for permission to undertake the intended work.
(2) The application in respect of matters specified in clauses (a)
(1) If, any factory, workshop or workplace in which gas, steam power, water power, or other mechanical power or electric power is used, nuisance is in the opinion of the commissioner caused by the particular kind of fuel, used or by the noise or vibrations created, he may issue such directions as he thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.
(2) If there has been willful default in carrying out such directions or if abatement is found impracticable, the commissioner may -
(a) prohibit the use of the particular kind of fuel, or
(b) prohibit the working of the factory, workshop or workplace altogether until such directions have been carried out or between the hours of 6 p.m. and 8.a.m or during any particular time or times between such
Whenever it shall appear to the commissioner that any factory, workshop, workplace or any building or place in which gas, steam, water or other mechanical power or electric power is used, is not kept in a cleanly state or in not ventilated in such a manner as to render harmless as for as practicable any gas, vapour, dust or other impurity generated in the course of the work carried on, therein which, in the opinion of the commissioner is a nuisance or is so overcrowded while work is carried on as to be dangerous or injurious in the opinion of the commissioner to the health of the persons employed therein, or that any engine, mill-gearing, hoist or other machinery therein is so fired or so insecurely fenced as to be dangerous to life or limb, the commissioner may by written notice require the owner of such factory, workshop, workplace or other building or place to take such order as he thinks fit for putting and maintaining th
Whenever it shall appear to the commissioner that any factory, workshop or workplace or any building or nay place in which, steam, water or other mechanical or electric power is employed is or is likely to become by reason of employment of such power or by noise or by any gas, vapour, smoke, vibration, dust or other impurity generated in the course of the work carried on in such place or by any other cause, a nuisance or danger to the life, health or property of persons in the neightbourhood he may by written notice require the owner or occupier of such factory, workshop, workplace, building or place to discontinue the use of such factory or place for any of the purposes that may be specified in such notice.
(1) The commissioner or any person authorized by him in this behalf may enter any factory, workshop or workplace -
(a) at any time between sunrise and sunset,
(b) at any time when any industry is being carried on, and
(c) at any time by day or nigh if he has reason to believe that any offence is being committed against sections 361, 362, 363 or 364.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of the force necessary for the purpose of effecting an entrance under this section.
The standing committee may, on the request of the commissioner inspect the works and sites, before licence is granted or renewed by the commissioner.
The Government may either generally or in any particular case make such order or give such directions as they may deem fit in respect of any action taken or omitted to be taken under sections 360, 361, 362, 363 or 364.
Washing and bathing
The council shall set apart places for use by the public for bathing purposes and for washing animals.
(1) The Commissioner may construct or provide and maintain public bathing houses, public wash-houses or places for the washing of clothes, and may charge and levy such rents and fees for the use of any such bathing house, wash house or place as the standing committee may determine. Such rents and fees shall be recoverable in the same manner as the property tax.
(2) The commissioner may farm out the collection of such rents, and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.
(3) If a sufficient number of public washhouses or places be not maintained under sub-section (1), the commissioner may without making any charge therefore appoint suitable places for the exercise by washermen of their calling.
(4) In public wash houses, the clothe
(1) The commissioner may by public notice prohibit the washing of clothes by washer men in the exercise of their calling within the City, except at -
(a) public wash-houses or places maintained or provided under section 369 ; or
(b) such other places as he may appoint for the purpose.
(2) When any such prohibition has been made no person who is by calling a washerman, shall in contravention of such prohibition wash clothes, except for himself of for personal and family service or for hire on and within the premises of the hirer, at any place within the city other than a public wash house or a place maintained or appointed under this Act ;
Provided that this section shall apply only to clothes washed within the City.
(1) The council shall provide a sufficient number of places for use as municipal slaughter-houses within the city and the commissioner may charge and levy such rents and fees for their use as the standing committee may determine, such rents and fees shall be recoverable in the same manner as the property tax.
(2) The commissioner may form out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.
(1) The owner of any place within the limits of the City which is used as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of carcasses shall apply to the commissioner for a licence not less than forty-five and not more than ninety days before the opening of such place as a slaughter-house or the commencement of the year for which the licence is sought to be renewed, as the case may be.
(2) The commissioner may, by an order and subject to such restrictions and regulations as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.
The commissioner may allow any animal to be slaughtered in such places as he thinks fit, on occasions of festivals and ceremonies or as a special measure.
No person shall slaughter within the city except in municipal or licenced slaughter house any cattle, horse, sheep, goat or pig for sale or food or skin or cut up any carcass without or other wise than in conformity with a licence from the commissioner or dry or permit to be dried any skin in such a manner as to cause a nuisance.
The commissioner may authorize any person to slaughter without licence and without the payment of any fee any animal for the purpose of a religious ceremony.
The power of the commissioner to grant licence or permission under section 372, 373, 374 and 375 shall be subject to the provisions of the Tamil Nadu Animals and Birds Sacrifices Prohibition Act, 1950 (Tamil Nadu Act XXXII of 1950)
The milk trade
(1) No person shall, without or otherwise than in conformity with a licence from the commissioner -
(a) carry on or be employed in the trade or business of a dealer in or importer or seller or hawker of milk or dairy produce or other edible articles within the City;
(b) use any place in the City for the sale of milk or dairy produce;
Provided that no such licence shall be given to any person who is suffering from an infectious disease: Provided further that such licence shall be deemed to have been suspended while the person to whom it is granted is suffering from an infectious disease.
(2) Such licence may be refused or may be granted either unconditionally or on such conditions as the commissioner may deem necessary. Such conditions may relate to
All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets.
(1) The council may provide places for use as public markets.
(2) The commissioner may in any public market charge and levy and one or more of the following fees at such rates as the standing committee may determine as may appear to him proper or may farm out such fees on such terms and subject to such conditions as he may deem fit -
(a) fees for the use of, or for the right to, expose goods for sale, in such markets;
Explanation - The fees under this clause shall not be levied unless the goods are actually brought into such markets.
(b) fees for the use of shops, stalls, pens or stands in such markets,
(c) fees on vehicles or pack-animals carrying, or on persons bringing, goods for sale in such market
(1) No person shall, without the permission of the commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.
(2) Any person who contravenes sub-section (1) or any condition of the licence or any regulation made under section 388 or any by-law made under section 432 or who commits default in payment of the fees leviable under section 379 may after three clear days' notice be summarily removed from such market by any municipal officer or servant and any lease or tenure which any person may posses may be terminated for such period and from such date as commissioner may determine without prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 379 and the expenses if any, which the corporation may incur in such removal.
(1) The council shall determine whether the establishment of new private markets for the sale of , or for the purpose of exposing for sale, animals intended for human food or any article of human food shall be permitted in the City or any specified part of the City.
(2) (a) No person shall establish any new private market without or otherwise than in conformity with a licence issued by the commissioner with the sanction of the standing committee which shall be guided in giving or refusing sanction by the resolutions of the council passed under sub-section (1);
(b) applications for such licence shall be made by the owner of the place respect of which the licence is sought not less than forty-five and not more than ninety days before such place is opened as a market.
(3) The Government may decla
No person shall without or otherwise than conformity with an annual licence granted by the commissioner in this behalf continue to keep open a private market. Application for the renewal of the licence shall be made not less than forty-five and not more than ninety days before the commencement of the year for which licence is sought.
(2) The commissioner may, by an order, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water-supply, width, of paths and ways, weights and measures to be used and rents and fees to be charged in such markets as he thinks fit -
(a) grant or refuse to grant or renew such licence, or
(b) withhold the licence until the owner or occupier executed such works as may be specified in the order;
Every licence granted under section 381 or section 382 shall expire at the end of the year for which it is granted.
When a licence granted under section 382 permits the levy of any fee or fees of the nature specified in sub-section (2) of section 379 a fee not exceeding twenty-five per cent, of the gross income of the owner from the market in the preceding year shall be charged and levied by the commissioner for such licence.
It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market or on the streets or road margins. The commissioner may seize the animal or article exposed for sale in any unlicensed private market or the street or road margins and produce the same before the court of competent jurisdiction.
The commissioner may, by notice, require the owner, occupier or farmer of any private market for the sale of any animal or article of food, to -
(a) construct approaches, entrances, passages, gates, drains and cesspits for such market and provide it with latrines of such description and in such position and number as the commissioner may think fit;
(b) roof and pave, the whole or any portion of it or pave any portion of the floor, with such material as will in the opinion of the commissioner secure imperviousness and ready cleansing;
(c) ventilate and light it properly and provide it with a supply of water,
(d) provide passages of sufficient width between the stalls and make such alterations in stalls, passages, shops, doors or other parts of the m
(1) If any person, after notice given to him in that behalf by the commissioner, fails within the period and in the manner laid down in the said notice to carry out any of the works specified in section 386 the commissioner may, suspend the licence of the said person, or may refuse to grant him a licence until such works have been completed.
(2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.
The commissioner may, with the approval of the standing committee make regulations, not inconsistent with any provisions of this Act or of any by-law made under section 432. -
(a) for preventing nuisances or obstruction in any market building, market - place, bazaar or slaughter-house or in the approaches thereto, or in any of the roads, paths or ways in any market or bazaar;
(b) fixing the days and the hours on and during which any market, bazaar or slaughter-house may be held or kept for use ;
(c) for keeping every market-building, market-place, bazaar, slaughter-house or place specified under section 373 in a cleanly and proper state, and for removing filth and rubbish therefrom;
(d) requiring that any market-building, market-place, bazaar, slau
(1) The council may acquire the rights of any person to hold private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act I of 1894) and such rights shall be deemed to be land for the purpose of that Act.
(2) On payment by the council of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold such market and to levy fees therein shall vest in the council.
The person in charge of a market shall prevent the entry therein or, expel the therefrom, any person, suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchased the same handles, any articles exposed for sale therein, and he may expect therefrom any person who is creating a disturbances therein.
(1) No person shall without or otherwise than in conformity with a licence from the commissioner carry on the trade of a butcher, fishmonger or poulterer or use any place for the sale of flesh, fish or poultry intended for human food in any place within the limits of the City;
Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in air-tight and hermetically sealed receptacles.
(2) The commissioner may by an order and subject to such restrictions as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the commissioner may, for special reasons, specify, in the licence.
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The commissioner may, with the sanction of the standing committee, prohibit by public notice or licence or regulate the sale or exposure for sale of any animal, bird or article in or on any public street or part thereof.
If any question arises as to whether any place where persons assemble for the sale or purchase of articles of food, or clothing, or live-stock or poultry, or cotton, groundnut or other industrial crops or any other raw or semi-manufactured or manufactured products, is a market, or not, the commissioner shall make a reference to the Government and the decision of the Government on the question be final.
Inspection of places for sale, etc.
It shall be the duty of the commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, fish, fruit, vegetables or any other articles exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale.
(1) The commissioner or any person authorized by him in writing for the purpose may without notice enter any slaughter-house or any place where animals, poultry or fish intended for food are exposed for sale or where any articles of food are being manufactured or exposed for sale, at any time by day or night, when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any utensil or vessel used for manufacturing, preparing or containing any such article.
(2) If the commissioner or any person so authorized by him has reason to believe that in any place any animal intended for human food is being slaughtered or any carcass is being skinned or cut up or that any food is being manufactured, stored, prepared, packed, cleansed, kept or exposed for sale, or sold, without, or otherwise than in conformity with a licence, he may enter any such place with
No person shall in any manner whatsoever obstruct the commissioner or any person duly authorized by him in the exercise of his powers under section 395.
If it appears to the commissioner or a person duly authorized by him -
(a) that any animal, poultry or fish intended for food is diseased, or
(b) that any article of food is noxious, or
(c) that any utensil or vessel used in manufacturing, preparing or containing any article of food is of such kind or in such state as to render the article noxious, he may seize or carry away or secure such animal, poultry, fish, article, utensil or vessel in order that the same may be dealt with as hereinafter provided.
Explanation - Meat subjected to the process of blowing shall be deemed to be noxious.
No person shall remove or in any way interfere with any thing secured under section 397.
(1) When any animal, poultry, fish, or other article of food or any utensil or vessel is seized under section 397, it may, with the consent of the owner or person in whose possession it was found, be forthwith destroyed, and if the article is perishable, without such consent.
(2) Any expense incurred in destroying anything under sub-section (1), shall be paid by the owner or person in whose possession such thing was at the time of its seizure.
400. Production of articles, etc., seized before magistrate and powers of magistrate to deal with them. - Articles of food, animal, poultry, fish, utensils, or vessels, seized under section 391 or section 397 and not destroyed under section 399 shall as soon as possible be produced before a magistrate.
(2) Whether or not complaint is laid before the mag
If it appears to the commissioner that there is no owner or person having the control of any place used for burying, burning or otherwise disposing of the dead, he shall assume such control and register such place or may, with the sanction of the council, close it.
Notes
Sec. 401 & 410 : Writ petition by consumer Action Group against the Corporation seeking a direction to establish two or more electric creamotoriums ordered. Observation made on the Corporation's indifference about disposal of dead bodies - Statutory obligation stressed - 111 L.W. 7 (S.N.)
(1) No new place for the disposal of the dead, whether public or private, shall be opened, formed, constructed, or used unless a licence has been obtained from the commissioner on application.
(2) Such application for a licence shall be accompanied by a plan of the place to be registered, showing the locality, boundaries, and extent thereof, name of the owner or person or community interested therein, the system of management and such further particulars as the commissioner may require.
(3) The commissioner may, with the sanction of the council -
(a) grant or refuse to grant a licence, or
(b) postpone the grant of a licence, until his objections to the site have been removed or any particulars called for by him have been furnished.
(1) The council may, and shall, if not sufficient provision exists, provide places to be used as burial or burning grounds or crematoria, either within or with the sanction of the Government without the limits of the City and may charge and levy rents and fees for the use thereof.
(2) If the corporation provides any such place without the limits of the City, all the provisions of this Act and all by-laws framed under this Act for the management of such places within the City shall apply to such places and all offences against such provisions or by-laws shall be cognizable by the magistrate of the First Class as if such places were within the limits of the City.
(1) A book shall be kept at the municipal office in which the places registered, licensed or provided under sections 401 or section 402 or section 403 and all such places registered, licensed, or provided before the commencement of this Act, shall be recorded, and the plans of such places shall be filed in such office.
(2) Notice that such place has been registered, licensed or provided as aforesaid, shall be affixed in Tamil and English in some conspicuous place at or near the entrance to the burial or burning ground or other place as aforesaid.
(3) The commissioner shall annually publish a list of all places registered, licensed, or provided as aforesaid or provided by the Government.
(4) No person shall bury, burn or otherwise dispose of any corpse except in a place which has been registere
The person having control of a place for disposing of the dead shall give information of every burial, burning, or other disposal of a corpse at such place to the officer, if any, appointed by the commissioner in that behalf.
No person shall make a vault or grave, or cause any corpse to be buried within the walls of or under-neath any place of public worship.
Provided that in the case of an existing vault, the commissioner may, subject to the general or special orders of the Government, authorize the burial in such vault to near relatives of the family to whom it belongs.
(1) If the commissioner is of opinion -
(a) That any registered or licensed place for the disposal of the dead or any place provided fro such disposal by the council or by the Government is in such state or situation as to be or to be likely to become dangerous to the health of persons living in the neighbourhood thereof, or
(b) that any burial ground is overcrowded with graves, and if in the case of public burial or burning ground or other place as aforesaid another convenient place duly authorized for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place.
He may, with the consent of the council and the previous sanction of the Government, give notice that it shall not be lawful after a period to be named in such notice, to bury, burn
(a) bury or cause to be buried any corpse or part thereof in a grave whether dug or constructed of masonry or otherwise in such manner that the surface of the coffin or the surface of the body where no coffin is used, is at a less depth than 1.5 metres from the surface of the ground, or
(b) build or dig or cause to be built or dug any grave in any burial ground at a less distance than 0.6 metre from the margin of any other existing grave, or
(c) without the sanction in writing of the commissioner or an order in writing of a Magistrate, reopen a grave already occupied, or
(d) convey or cause to be conveyed a corpse or part thereof to any burial or burning ground, and not cause the burial or burning of the same to commence, within six hours after its arrival at such place, or
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The owner of, or other person having control over, any private burial ground shall fence and maintain the same properly to the satisfaction of the commissioner.
No person shall discharge the office of a grave digger or other attendant at a public place for the disposal of the dead (other than a place provided by the Government) unless he has been licensed in that behalf by the commissioner. The commissioner may, after giving the holder of the licence an opportunity of showing cause, withdraw or cancel the licence.
(1) If any medical practitioner becomes cognizant of the existence of any infectious disease in any private or public dwelling in the City, he shall inform the commissioner, the health officer, the medical registrar of the district or the sanitary inspector of the division with the least practical delay.
(2) The information shall be communicated in such form and with such details as the commissioner may require.
(3) The commissioner may direct the compulsory notification by the owner or occupier of every house within the City limits, during such period and to such officer as the commissioner may, prescribe, of all deaths from or occurrences in infectious disease in his office.
Explanation - Sub-sections (1) and (2) shall apply to a hakim or a vaidyan.
The commissioner or health officer may, at any time, by day or by night without notice, or after giving such notice as may appear to him reasonable, inspect any place in which any infectious disease is reported or suspected to exist, and except in cases where he is satisfied that adequate arrangements have been 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 Government or municipal medical institution intended for the treatment of patients suffering from such disease, and take such other measures as he may think fit to prevent the spread of such disease.
Prevention of infection
The commissioner may provide and maintain suitable conveyances for the free carriage of persons suffering from any infectious disease.
(1) If, in the case of any person in a hospital, it appears to the officer-incharge of it that such person is suffering from an infectious disease, or if, in the case of any other person, it appears to the health officer or assistant health officer whether on a certificate signed by a medical practitioner registered under the Tamil Nadu Medical Registration Act, 1914, (Tamil Nadu Act IV of 1914) or otherwise that such person is suffering from an infectious disease and -
(a) is without proper lodging or accommodations; or
(b) is lodged in a place occupied by more than one family; or
(c) is without medical supervision directed to prevent the spread of the disease;
And if such officer-incharge, health officer or assistant health officer, as the case ma
(1) If the commissioner or health officer is of opinion that the cleansing or disinfecting of a building or of any part thereof, or of any article therein which is likely to retain infection, will tend to prevent or check the spread of any infectious disease, he may by notice require the owner or occupier to cleanse or disinfect the same, in the manner and within the time specified in such notice.
(2) The owner or occupier shall within the time specified as aforesaid comply with the terms of the notice.
(3) If the commissioner or health officer considers that immediate action is necessary or that the owner or occupier is, by reason of poverty or otherwise unable effectually to comply with his requisition, the commissioner or health officer may himself without notice cause such building or article to be cleansed or disinfected and for thi
(1) If the commissioner is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any infectious disease, he may, after giving to the owner or occupier of such hut or shed such previous notice of his intention as may, in the circumstances of the case, appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
(2) Compensation shall be paid by the commissioner to any person who sustains substantial loss by the destruction of any such hut or shed; but except as so allowed by the commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.
The commissioner may -
(a) provide for places with all necessary attendants and apparatus, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection from any infectious disease, and
(b) cause conveyances, clothing, bedding or other articles brought for disinfection to be disinfected free of charge or subject to such charges as may be approved by the standing committee.
(2) The commissioner shall from time to time notify places at which conveyances, clothing, bedding or other articles which have been exposed to infection from any infectious disease shall be washed and disinfected and no person shall wash or disinfect any such article at any place not so notified.
(3) The commissioner may direct any
No person shall, without previously disinfecting it, give, lend, let, hire, sell, transmit, or otherwise dispose of any article which he knows or has reason to know has been exposed to infection from any infectious disease;
Provided that nothing in this section shall apply to a person who transmits with proper precautions any article for the purpose of having it disinfected.
If any person knows or has been certified by the health officer, a medical officer in the service of the Government or of the corporation or a medical practioner registered under the Tamil Nadu Medical Registration Act, 1914 (Tamil Nadu Act IV of 1914), that he is suffering from an infectious disease he shall not engage in any occupation or carry on any trade or business unless he can do so without risk of spreading the disease.
(1) No person who is suffering from any infectious disease shall enter a public conveyance without previously notifying to the owner or driver or person in charge of such conveyance that he is so suffering.
(2) No owner or driver or person in charge of a public conveyance shall be bound to convey any person suffering as aforesaid, unless and until the said person pays or tenders a sum sufficient to cover any loss and costs that may be incurred in disinfecting such conveyance.
(3) A court convicting any person of contravening sub-section (1) may levy in addition to the penalty for the offence provided in this Act such amount as the court deems sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting the conveyance, the amount so imposed shall be awarded by the court to the owner or drive
(1) The owner, driver or person in charge of any public conveyance in which any person suffering from any infectious disease has been carried shall forthwith disinfect the conveyance or cause it to be disinfected.
(2) No such conveyance shall be used until health officer or some person authorized by him in this behalf has granted a certificate starting that it may be used without causing risk of infection.
(1) No person shall let or sublet or for that purpose allow any person to enter a building or any part of a building in which he knows or has reason to know that a person has been suffering from any infectious disease until the health officer has granted a certificate that such building or any part thereof may be re-occupied.
(2) For the purpose of sub-section (1), the keeper of a hotel, lodging house or emigration depot shall be deemed to let the same, or part of the same to any person accommodated therein.
In the event of the prevalence of any infectious disease within the City, the commissioner may, with the sanction of the standing committee, by notice require the owner or occupier of any building, booth or tent used for purposes of entertainment to close the same for such period as may be fixed by the standing committee.
No person being the parent or having the care or charge of a minor who is or has been suffering from any infectious disease or has been exposed to infection there from shall, after a notice from the health officer that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the health officer a certificate (which shall be granted free of charge on application) that in his opinion such minor may attend without undue risk of communicating such disease to others.
(1) No person who is suffering from any infectious disease shall take any book or use or cause any book to be taken for his use from or in any public or circulating library.
(2) A person shall not permit any book which has been taken from a public or circulating library, and is under his control, to be used by any person whom he knows to be suffering from any infectious disease.
(3) A person shall not return to any public or circulating library any book which he knows to have been exposed to infection from any infectious disease or permit any such book which is under his control to be so returned but shall give notice to the commissioner that the books have been so exposed to infection, and the commissioner shall cause the books to be disinfected and returned to the library, or to be destroyed.
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If the health officer certifies that the water in well, tank or other place within the limits of the City is likely, if used for drinking, to endanger or cause the spread of any infectious disease, the commissioner may by public notice prohibit the removal or use of such water for drinking and domestic purposes during a specified period.
Small Pox
The corporation shall enforce vaccination throughout the city, it may enforce re-vaccination throughout the city or in any part thereof in respect of such person to such extent, and in such manner, as may be prescribed.
Where an inmate of any dwelling-place within the City is suffering from small-pox, the head of the family to which the inmate belongs and, in his default, the occupier or person in charge of such place, shall inform the commissioner, the health officer, the medical registrar of the district, or the sanitary inspector of the division, with the least practicable delay.
(1) Variolation for small pox is prohibited.
(2) No person who has undergone variolation shall enter the City before the lapse of forty days from the date of variolation without a certificate from the health officer of the locality that such person is no longer likely to produce small-pox by contact or near approach.
(1) The Government may make rules to carry out all or any of the purpose of this Act not inconsistent therewith.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may,
(a) provide for all matters expressly required or allowed by this Act to be prescribed;
(b) regulate or prohibit the moving of any resolution or the making of any motion on, or the discussion of any matter unconnected with the municipal administration;
(c) Provide for the procedure to be followed at the meetings of the standing committee or any other committee and for the conduct of business and the number of members which shall form quorum at such meetings;
(d) prescribe the accounts to be kept by
(1) (a) All rules made under section 430 shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come in for force on a particular day, come into force on the day on which they are published.
(2) Every rule made under section 430 and Subs. by Tamil Nadu Act 26 of 1994. [every notification issued under sub-section (2) of section -5A, sub-section (2) of section 10-C or under any other provisions of this Act] shall as soon as possible after it is made or issued, be placed on the table of both Houses of State Legislature, and if, before the expiry of the Session in which it is so placed or the next session, both Houses agree in m
The council may make by-laws, not inconsistent with this Act or with any other law to provide -
(1) for all matters expressly required or allowed by this Act to be provided for by by-law;
(2) for the due performance by all municipal officers and servants of the duties assigned to them;
(3) for the regulation of the time and mode of collecting the taxes and duties under this Act;
(4) for determining the conditions under which lands shall be deemed to be appurtenant to building;
(5) (a) for the use of public tanks, wells, conduits and other places or works for water-supply;
(b) for the regulation of public bathing, washing and the like,
By-laws with regard to the drainage of, and supply of water to, buildings and water-closets, earth-closets, privies, ash-pits and cess-pools in connexion with buildings and the keeping of water-closets supplied with sufficient water for flushing may be made so as to affect buildings erected before the passing of the by-laws or the date of commencement of this Act.
In making any by-laws under section 432, the council may, subject to the provisions of clause (1) of Article 20 of the Constitution, provide that a breach thereof shall be punishable -
(a) with fine which may extend to one hundred rupees and in case of a continuing breach with fine which may extend to twenty-five rupees for every day during which the breach continues after conviction for the first breach; or
(b) with fine which may extend to twenty rupees for every day during which the breach continues after receipt of notice from the commissioner to discontinue such breach.
No by-law made by the council under this Act shall have nay validity unless and until it is sanctioned by the Government.
(a) that a draft of the proposed by-laws is published in the Tamil Nadu Government Gazette and in the local newspaper;
(b) that the draft shall not be further proceeded with until after the expiration of a period of one month from the publication thereof in the Tamil Nadu Government Gazette or of such longer period as the council may appoint;
(c) that for at least one month during such period a printed copy of the draft shall be kept at the municipal office for public inspection and all persons permitted to puruse at same at any reasonable time free of charge; and
(d) that printed copies of the draft shall be sold to any person requiring them, on payment of such price, as the commissioner may fix.
Rules in lieu of by laws
(1) If, in respect of any of the matter specified in section 432, the council has failed to make by-laws or if the by-laws made by it are not, in the opinion of the Government adequate, the Government may make rules providing for such matters and to such extent as they may think fit.
(2) Rules made under this section may add to, alter, or cancel any by-law made by the council.
(3) If any provision of a by-law made by the council is repugnant to any provision of a rule made under this section, the rule shall prevail and the by-law shall, to the extent of the repugnancy, be void.
(4) The provisions of sections 433, 434, and 436 and of the second sentence of sub-section (1) of section 438 and section 440 shall apply to the rules made under this section as they apply to the by-laws made under sect
(1) (a) When any by-laws has been made, under this Act by-law shall be published in the Tamil Nadu Government Gazette in Tamil and English, A by-law shall come into operation three months after it has been published as aforesaid;
(b) When any rule made under this Act is published in the Tamil Nadu Government Gazette, it shall be published in Tamil also.
(2) The commissioner shall cause all rules any by-laws in force to be printed in Tamil and English and shall cause printed copies thereof to be sold to any applicant on a payment of a fixed price.
(3) The commissioner shall, from time to time, advertise in the local newspapers that copies of rules and by-laws are for sale and specify the place where and the person from whom and the price at which they are obtainable.
Regulations made under this Act shall be published in such manner as the council may determine.
(1) Printed copies of by-laws made under sub-clauses (b) and (c) of clause (10) and clause (11) of section 432 shall be affixed at the entrances to, or elsewhere in the street, park or other places affected thereby in such conspicuous manner as the commissioner may deem best calculated to give information to the persons using such place.
(2) Printed copies of other by-laws and of the rules and regulations shall be hung up in some conspicuous part of the municipal office. The commissioner shall also keep affixed in a like manner in places of public resort, markets, slaughter-houses and other places affected thereby copies of such portions of the rules, by-laws and regulations as may relate to those places
(3) No municipal officer or servant shall prevent any person from inspecting at any reasonable time copies so exhibited.
(1) Whoever-
(a) contravenes any provision of any of the sections or rules of this Act specified in the first and second columns of Schedule V; or
Notes
Sec.441 (1) (a) - Licence not necessary for storing iron - 52 MLJ 620; Shop for repairing motor vehicles - Keeping a shop without licence is wrong (1964) II MLJ 439 - Cases decided with reference to Madras.
(b) contravenes any rule or order made under any of the said sections or rules, or
(c) fails to comply with any directions lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or ru
(1) If a councilor votes in contravention of section 36 or if any person acts as councilor knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office, he shall on conviction, be punished with fine not exceeding two hundred rupees for every such offence.
(2) If any person acts or exercises the functions of the Mayor or Deputy Mayor knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such functions, he shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence.
(3) If the Mayor or Deputy Mayor fails to hand over any documents of or any money or other properties vested in, or belonging to the corporation, which are in or have come into his possessi
If the commissioner or any municipal officer or servant knowingly acquires, directly or indirectly, by himself or by a partner or employee or servant, any personal share or interest to any contract or employment with by or on behalf of the corporation, he shall be deemed to have committed the offence punishable under section 168 of the Indian Penal Code (Central Act XLV of 1860):
Provided that no person shall, by reason of being a shareholder in, or member of any company be held to be interested in any contract between such company and the corporation unless he is a director of such company:
Provided further that nothing in this section shall apply to a teacher employed by the council, who with the sanction of the Government enters into a contract with the council, with regard to the utilization for the purpose of a school of any land or
Any person who continues or purports to continue, to hold or vote at, or takes part in a meeting of the council after it has been adjourned in accordance with the provisions of this Act or of the rules or regulations made thereunder shall be punishable with fine which may extend to five hundred rupees.
(1) Every owner or person-in-charge of any vehicle or animal liable to tax under section 142, who omits to obtain, within fifteen days of the service of a bill on him, a licence under section 148 shall on conviction, be punished with fine not exceeding one hundred rupees and shall also pay the amount of the tax payable by him in respect of such vehicle or animal.
(2) On payment of such fine and tax and of such costs as may be awarded, such owner or person shall receive a licence for the vehicle or animal in respect to which he has been fined and for the period during which he has been found to be in default.
(3) The provisions of this section shall apply to any person who having compounded for the payment of a certain sum under section 145, fails to pay such sum and the amount due for a licence, shall in such case be taken as the amount
Any person who willfully prevents distraint or sufficient distraint of property subject to distraint for any tax due from him shall on conviction by a magistrate be liable to a fine not exceeding twice the amount of the tax found to be due.
If the construction or reconstruction of any building or well -
(a) is commenced without the permission of the commissioner, or
(b) is carried on or completed otherwise than in accordance with the particulars on which such permission was based, or
(c) is carried on or completed in contravention of any lawful order or any breach of provision contained in this Act or in any rule or by-law made under it, or of any director or requisition lawfully given or made, or
If any alterations or additions required by any notice issued under section 282 or section 295 are not duly made, or
If any person to whom a direction is given by the commissioner to alter or demolish a building or well under section 296 fails to o
(1) In the absence of a written contract to the contrary, every sanitary worker employed by the corporation shall be entitled to one month notice before discharge or to one months wages in lieu thereof unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it.
(2) Should any sanitary employed by the corporation, in the absence of a written contract authorizing him so to do, and without reasonable cause, resign his employment or absent himself from his duties without giving one moth's notice to the corporation, or neglect or refuse to perform his duties, or any of them, he shall be liable on conviction to a fine not exceeding fifty rupees or to imprisonment which may extend to two months.
(3) The Government may by notification direct that on and from a date to be specified in the notificati
Every person who prevents the commissioner or any person to whom the commissioner has lawfully delegated his power from exercising his power of entering on any land or into any building shall be deemed to have committed an offence under section 341 of the Indian Penal Code (Central Act XLV of 1860).
If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information -
(a) omits to furnish it, or
(b) knowingly or negligently furnishes false information, such person shall, on conviction, be punished with fine not exceeding one hundred rupees.
(1) Every licence or permission granted under this Act or any rule or by-law made under it shall specify the period, if any, for which and the restrictions, limitations and conditions subject to which the same is granted and shall be signed by the commissioner.
(2) (a) Save as otherwise expressly provided in or may be prescribed under this Act for every such licence or permission fee shall be paid in advance on such units and at such rates as may be fixed by the council:
Provided that not more than one fee shall be levied in respect of construction of building and installation of machinery or of any purpose specified in more heads than one of Schedule IV if such heads form part of a continuous process of manufacture and the fee so charged shall not exceed the highest fee chargeable in respect of any one of the said purposes.
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(1) An appeal shall lie to the standing committee or if no such committee has been constituted to the council from
(a) any notice issued or other action taken or proposed to be taken by the commissioner -
(i) under section 162,210,218,219,220,222,223 (2), 282,296 (3), 327(1), 328(1), 333(1), 334,338, 343,353,354,or362;
(ii) under any by-law concerning house drainage or the connexion of house drains with municipal drains, or house connexions, with municipal water-supply or lighting mains;
(b) any refusal by the commissioner to approve a building site under section 275 to grant permission to construct or reconstruct building under section 276 or 290.
(c) any refusal by the commissioner to grant a permiss
(1) In any case in which no time is laid down in the foregoing provisions of this Act, for the presentation of an appeal allowed thereunder, such appeal shall be presented,-
(a) where the appeal is against an order granting a licence or permission, within thirty days after the date of the publication of the order on the notice board of the corporation, and
(b) in other cases within thirty days after the date of the receipt of the order or proceeding against which the appeal is made,
(2) The provisions of section 5 of the Limitations Act, 1963 (Central Act XXXVI of 1963), shall, so far as may be, apply to any such appeal.
All persons authorized by rule to conduct inquiries relating to elections and all inspecting or superintending officers holding any inquiry into matters falling within the scope of their duties, shall have for the purposes of such inquiries the same powers in regard to the issue of summons for the attendance of witnesses and the production of documents as are conferred upon revenue officers by the Tamil Nadu Revenue Summonses Act,1869, (Tamil Nadu Act III of 1869) and the provisions of sections 2,3,4, and 5, of that Act, and the rules made under that Act shall apply to summons issued and to persons summoned by virtue of the powers conferred by this section; and all persons to whom summons are issued by virtue of the said powers shall be bound to obey such summons.
The commissioner may summon any person to attend before him, and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation, or inspection, or registration, or to the grant of any licence, or permission under the provisions of this Act.
All notices and permissions given, issued or granted, as the case may be, under the provisions of this Act shall be in writing.
Whenever under this Act or any rule, by-law or regulation made under it the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of-
(a) the council, a standing committee or the commissioner, or
(b) any municipal officer,
A written document signed in case (a) by the commissioner and in case (b) by the said municipal officer, purporting to convey or set forth approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.
(1) Every licence, permission, notice, bill, schedule, summons, warrant or other document which is required by this Act or by any rule, by-law or regulation made under it to bear the signature of the commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the commissioner or of such municipal officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the council.
Save as otherwise provided, every notification issued under this act be published also in Tamil:
Provided that the Government shall have the power to direct that any such notification -
(i) shall be published either in Tamil or in English only.
(ii) shall, instead of being published in the Tamil Nadu Government Gazette, be published in any other manner specified by them.
every order, notice or other document directed to be published under this Act or any rule, by-law or regulation made under it, shall, unless a different method is prescribed by this act or by the council or the standing committee, as the case may be, be translated into Tamil, and deposited in the office of the corporation and copies thereof in Tamil and in English shall be affixed in a conspicuous position at such office and at such other places at the council or the standing committee, as the case may be, may direct; and a public proclamation shall be made by beat of drum in the locality affected or by advertisement in the local newspapers that such copies have been so affixed and that the originals are open to inspection at the office of the corporation.
Whenever it is provided by this Act or by any rule, by-law, or regulation made under it that notice shall be given by advertisement in the local newspapers, or that a notification or any information shall be published in the same, such notice, notification or information shall be inserted in at least one Tamil and one English newspaper, if any, published in the city.
Whenever the council, a standing committee or commissioner shall have set apart any place for any purpose authorized by this Act or shall have prohibited the doing of anything in any place, the commissioner shall forthwith cause to be put up a notice in Tamil and in English at or near such place. Such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.
(1) When any notice or other document is required by this Act, or by any rule, by-law, regulation or order made under it to be served on or sent to any person the service or sending thereof may be effected -
(a) by giving or tendering the document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to his agent, clerk or servant or some adult member of his family; or
(c) if such person does not reside in the City and his address elsewhere is known to the commissioner, by sending the same to him by registered post or;
(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business.<
If the occupier of any building or land makes on behalf of the owner thereof any payment for which under this Act, the owner, but not the occupier is liable, such occupier shall be entitled to recover the same from the owner and may deduct if from the rent then or thereafter due by him to the owner.
(1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this Act, the commissioner may be an order require the said occupier to permit the owner within eight days from the date of service of such order to execute all such work as may be necessary.
(2) Such owner shall, for a period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of default, in executing such works.
If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, by-law, regulation or order made under it, the occupier of such building or land may, with the approval of the commissioner, execute the said work and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof, and may deduct the amount thereof from the rent then or thereafter due by him to the owner.
The commissioner or any person authorized by him in this behalf may enter into or on any building or land with or without assistants or workmen, in order to make any enquiry , inspection, test, examination, survey, measurement or valuation, or for the purpose of lawfully placing or removing meters, instruments, pipes or apparatus, or to execute any other work which is authorized by the provisions of this Act, or of any rule, by-law, regulation or order made under it, or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute;
Provided that -
(a) except when it is in this Act, otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act, otherwise expressly provided, n
(1) The commissioner or any person authorized by him in this behalf may with or without assistants or workmen enter on any land adjoining or within fifty meters of any work authorized by this Act or by any rule, by-law, regulation or order made under it, for the purpose of depositing on such land any soil, gravel, stone or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on thereof.
(2) The commissioner or such authorized person shall, before entering on any land under sub-section (1), give the owner and occupier three day's previous notice of the intention to make such entry, and state the purpose thereof, and shall if so required by the owner occupier, fence off so much of the land as may be required for such purpose.
(3) The commissioner or such authorized person shall not be b
The commissioner or any person authorized by him in this behalf may examine and test the weights and measures used in markets and shops in the City with a view to the prevention and punishment of offences relating to such weights and measures under Chapter XIII of the Indian Penal Code (Central Act XLV of 1860).
(1) If, under this Act, or any rule, by-law or regulation made under it, the licence or permission of the council, standing committee or commissioner or registration in the office of the corporation is necessary for the doing of any act and if such act is done without such licence or permission or registration or in a manner inconsistent with the terms of any such licence or permission, then -
(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 the 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 nec
(1) Whenever by any notice, requisition or order under this Act or under any rule, by-law or regulation made under it, any person is required to execute any work, or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken, or the thing done.
(2) If such notice, requisition or order is not complied with within the time so named, then whether or not a fine is provided for such default and whether or not the person in default is liable to punishment or has been prosecuted or sentenced to any punishment for such default, the commissioner may cause such work to be executed, or may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid.
(3) If no
(1) The commissioner may recover any reasonable expenses incurred under section 471 from the person or any one of the persons to whom the notice, requisition or order was addressed in the same manner as the property tax and may, in executing work or taking measures under section 471 utilize any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred.
(2) If the person to whom notice is given is the owner of the property in respect of which it is given, the commissioner may (whether any action or other proceeding has been brought or taken against such owner or not ) require the person, if any, who occupies such property, or any part thereof under the owner to pay to the corporation instead of the owner the rent payable by him in respect of such property as it fails due, up to the amount recoverable fro
Instead of recovering any such expenses as aforesaid in the manner provided under section 478, the commissioner may, if he thinks fit and with the approval of the standing committee take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon at the rate of twelve per centum per annum, within a period of not more than five years.
If the expenses to be recovered have been incurred or are to be incurred in respect of any work mentioned -
(a) in section 199, section 200, section 209, section 210, section 211, section 218, clause (b) of sub-section (1) of section 243, section 254, sub-sections (1) and (2) of section 333, section 338, section 343, section 386 or section 471; or
(b) in any rule made under this Act in which this section is made applicable to such expenses, the commissioner may, if he thinks fit and with the approval of the standing committee, declare such expenses to be improvement expenses.
Improvement expenses shall be a charge on premises, in respect of which or for the benefit of which the same shall have been incurred and shall be recoverable in instalments of such amounts, and at such intervals as will suffice to discharge such expenses together with interest thereon, within such period not exceeding twenty years as the commissioner may in each case determine.
(2) The said instalments shall be payable by the owner or occupier of the premises on which the expenses are so charged;
Provided that when the occupier pays any such instalments he shall be entitled to deduct the amount thereof from the rent payable by him to the owner or to recover the same from the owner.
At any time before the expiration of the period for the payment of any improvement expenses, the owner or occupier of the premises on which the expenses are charged may redeem such charge by paying to the commissioner such part of the said expenses as are still payable.
(1) Where any person by reason of his receiving the rent of immovable property as agent, trustee, guardian, manager or receiver or of his being agent, trustee, guardian, manager or receiver for the person who would receive the rent if the property was let to a tenant would under this Act be bound, to discharge any obligation imposed by this Act, or any rule, by-law, regulation or order made under it for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, in his hands funds belonging to the proprietor or beneficial owner sufficient for the purpose.
(2) The burden of proving the facts entitling any person to relief under this section shall lie on him.
(3) When any person has claimed and established his right to relief under the
All costs, damages, penalties, compensations, charges, fees (other than school fees) rents (including rents for lands and buildings, demised by the corporation) expenses, contributions and other sums which under this Act or any other law or any rule, by-law or regulation made under this Act or any other law or under any contract including a contract in respect of water-supply or drainage made in accordance with this Act, and the rules, by-laws, and regulations are due by any person to the corporation shall, if there is no special provision in this Act for their recovery, be demanded by bill containing particulars of the demand and notice of the liability incurred in default of payment and may be recovered in the manner provided by rules 29 and 35 of the rules contained in Part VI of Schedule II unless within fifteen days from the date of service of the bill such person shall have applied to the district munsif having jurisdiction over the corporation under section 47
Where in case not provided for in section 487, any municipal authority or any person is required by or under this Act or any rule, by-law, regulation or contract made under it to pay and costs, damages, penalties, compensations, charges, fees, rents, expenses, contributions or other sums referred to in section 478 the amount or apportionment of the same shall, in case of dispute, be ascertained and determined except as is otherwise provided in sections 202, 416, 468 or 510 or in the Land Acquisition Act, 1894 (Central Act I of 1894) by the district munsif on application made to him for this purpose at any time within six months from the date when such costs, damages, penalties, compensation, charges, fees, rents, expenses contributions or other sums first became payable.
(1) On any application under the provisions of section 478 the said court of district munsif shall summon the other party to appear before him.
(2) On the appearance of the parties, or, in the absence of any of them, on proof of due service of the summons, the said court of district munsif may hear and determine the case.
(3) In every such case the said court of district munsif shall determine the amount of the costs and shall direct by which of the parties the same shall be paid.
If the sum due on account of costs, damages, penalties, compensation, charges, fees, rents, expenses, contributions or other sum ascertained in the manner described in section 480, is not paid by the party liable within seven days after demand, such sum may be recovered under a warrant of the said court of district munsif by distress and sale of the movable property of such party.
No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to the corporation under this Act after the expiration of a period of six years from the last day of the period in respect of which such 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 which the claim arose.
If any property, movable or immovable, is sold under the provisions of this Act, and if there is a surplus after the sum due to the corporation and the costs have been deducted from the sale proceeds, such surplus shall, if the owner of the property sold claims it within one year from the date of the sale be paid to him by the commissioner, but if no such claim is preferred within such time, the said surplus, shall be credited to the municipal fund and no suit shall lie for the recovery of any sum so credited.
Save as otherwise expressly provided in this Act, no court shall take cognizance of any offence against any of the provisions of this Act, or of any rule, by-law, regulation or order made under it, unless complaint is made within six months from the commission of the offence, by the police or the commissioner or by a person authorized in this behalf by the council or the standing committee or the commissioner.
Provided that failure to take out a licence, obtain permission or secure registration under this Act shall, for the purposes of this section be deemed a continuing offence until the expiration of the period, if any, for which the licence, permission or registration is required, and if no period is specified, complaint may be made at any time within twelve months from commencement of the offence.
All offence against this Act, or against any rule, by-law, regulation or order made under it whether committed within or without the City, shall be cognizable by a judicial magistrate having jurisdiction in the city; and such judicial magistrate shall not be deemed to be incapable of taking cognizance of any such offence by reason only of his being liable to pay any municipal rate or other tax or of his being benefited by the municipal fund.
(1) If any fine, costs, tax or other sum of money imposed, assessed or recoverable by a magistrate under this Act or under any rule, by-law or regulation made under it, shall not be paid, the magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations and conditions imposed in section 64 to 70 (both inclusive) of the Indian Penal Code (Central Act XLV of 1860).
(2) Any fine, costs, tax or other sum imposed, assessed or recoverable by a magistrate under this Act, or any rule, by-law or regulation made thereunder shall be recoverable by such magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1973 (Central Act II of 1974), and the same shall except in the case of a fine on recovery be paid to the corporation to be applied to the purposes of this Act.
If, on account of any act or omission, any person has been convicted of an offence against the provisions of this Act or against any rule, by-law or regulation made under it and by reason of such act or omission, damage has been caused to any property owned or vested in the corporation, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence. In the event of dispute the amount of compensation payable by the said person shall be determined by the magistrate before whom he was convicted of the said offence on application made to him for the purpose by commissioner not later than three months from the date of conviction, and in, default of payment of the amount of compensation so determined it shall be recovered under a warrant from the said magistrate as if it were a fine inflicted by him on the person liable therefore.
Nothing herein contained shall preclude the corporation from suing in a civil court for the recovery of any tax, duty or other amount due under this Act.
(1) No suit for damages or compensation shall be instituted against the corporation or any municipal authority, officer or servant, or any person acting under the direction of the same, in respect of any act done or purporting to be done in pursuance or in execution or intended execution of this Act or any rule, by-law, regulation or order made under it or in respect of any alleged neglect or default in the execution of this Act or any rule, by-law, regulation or order made under it until the expiration of two months after a notice has been so delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought and the name and the place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit shall be commenced wi
Subject to such restrictions and control as may be prescribed, the commissioner may -
(a) take, or withdraw from, proceedings, against any person who is charged with -
(i) any offence against this Act, by-laws or regulations made under it;
(ii) any offence which affects or is likely to affect any property or interest of the corporation or the due administration of this Act;
(iii) committing any nuisance whatsoever;
(b) compound any offence against this Act, the rules, by-laws or regulations made under it which may be rules made by the Government, be declared compoundable;
(c) defend himself if sued or joined as a party in any proceeding in respect of the cond
No suit shall be maintainable against the Government or any municipal authority, officer or servant or any person acting under the direction of the Government or any municipal authority, officer or servant, or of a magistrate, in respect of anything in good faith done under this Act or any rule, by-law, regulation or order made under it.
(1) The commissioner and every councilor shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the municipal corporations if such loss, waste, or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the council with the previous sanction of the Government or by the Government.
(2) Every such suit shall be commenced within three years after the date on which the cause of action arose.
When the Mayor or Deputy Mayor, or any councilor or the commissioner is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no magistrate shall take cognizance of such offence except with the previous sanction of the Government.
(1) No assessment or demand, made and no charge imposed under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake.
(a) in respect of the name, residence, place of business or occupation of any person; or
(b) in the description of any property or thing; or
(c) in respect of the amount assessed, demanded or charged;
Provided that the provisions of this Act have, in substance and effect, been complied with no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any court.
(2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act to recover damages on accoun
(a) to communicate without delay to the proper municipal officer any information which he received of the design to commit or of the commission of any offence under this Act or any rule, by-law or regulation made under it; and
(b) to assist the commissioner or any municipal officer or servant, or any person to whom the commissioner has lawfully delegated powers reasonably demanding his aid for the lawful exercise of any power vesting in the commissioner or in such municipal officer or servant or persons under this Act or any such rule, by-law or regulation.
(2) Any police officer who omits or refuses to perform, any duty imposed on him by this Act shall be deemed to have committed an offence, under section 10 or under section 44 of the Tamil Nadu District Police Act, 1859 (Central Act XXIV of 1859).
(1) If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule, by-law or regulation made under it, he shall, if the name and address of such person are unknown to him and if the said person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody -
(a) after his true name and address are ascertained, or
(b) without the order of a magistrate for any longer time, not exceeding twenty four hours from the hour of arrest, than is necessary for bringing him before a magistrate.
The Government may empower any municipal officer or servant or any class of municipal officers or servants to exercise the powers of a police officer for the purpose of a police officer for the purposes of this Act and of the Tamil Nadu Towns Nuisances Act, 1889 (Tamil Nadu Act III of 1889).
Every municipal officer or servant, every contractor or agent for the collection of any municipal tax, fee or other sum due to the corporation and every person employed by any such contractor or agent for collection of such tax, fee or sum shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
No person shall obstruct or molest the council, any standing committee or other committee constituted under this Act, the Mayor or Deputy Mayor, any councilor the commissioner or any person employed by the corporation or any person with whom the commissioner has entered into a contract on behalf of the corporation in the performance of its or his duty or of anything which it or he is empowered or required to do by virtue, or in consequence of this Act or of any rule, by-law, regulation or order made thereunder.
500. Prohibition against removal of mark - No person shall remove any mark, set up for the purpose of indicating any level or direction incidental to the execution of any work authorized by this Act or by any rule, by-law, regulation or order made under it.
No person shall without authority in that behalf, remove, destroy, deface, or otherwise obliterate any notice exhibited by or under the orders of the council, standing committee, or the commissioner.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in, or on any land vested in the corporation or river, estuary, canal, backwater or water-courses (not being private property), or in any way obstruct the same.
Notwithstanding anything contained in the Code of Civil Procedure, shall 1908 (Central Act V of 1908) or in any other law for the time being in force, no Court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the -
(a) preparation or publication of electoral rolls,
(b) conduct of any election, or
(c) preparation, revision or amendment of assessment books.
Every person who immediately before the commencement of this Act was serving in connection with the affairs of the Coimbatore municipality shall as from the date of commencement of this Act be deemed to be an employee of the corporation.
The administration by the council of the corporation for the generation, transmission, supply or use of electrical energy shall be subject to such control as may be prescribed, not inconsistent with the Indian Electricity Act, 1910 (Central Act IX of 1910) and the Electricity (Supply) Act, 1948 (Central Act LIV of 1948) as in force for the time being, the rules made thereunder, and the terms of the licence granted under the first mentioned Act to the council of the corporation.
(1) Where ordinary elections to fill up ordinary vacancies in the office of elected councilors have not been held under this Act before the occurrence of the vacancies consequent on the expiry of term of office of such councilors-
(i) under this Act, or
(ii) under any other law for the time being in force, the Government may by notification appoint a Special Officer to exercise the powers and perform the functions of the corporation or the Mayor, and the committees established or constituted by or under this Act, except the Taxation Appeals Committee, to such extent as may be determined by the Government.
(2) The Special Officer referred to in sub-section (1) shall hold office for a period of six months from the date of his appointment or for such further period not exceeding six months as th
(1) A judicial officer of the rank of Sub-judge appointed by the Government in this behalf shall, during the period for which the Special Officer is appointed under Sub-section (1) of section 506 exercise and perform all or any or the powers and functions of the Taxation Appeals Committee.
(2) The judicial officer so appointed shall receive such remuneration as may be fixed by the Government and subject to such conditions as may be prescribed.
All property, all rights of whatever kind used, enjoyed or possessed by and all interests of whatever kind owned by vested in or held in trust by or for the Coimbatore municipality as constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920 ), with all rights of whatever kind used, enjoyed or possessed by the said municipality as well as all liabilities legally subsisting against the said municipality shall pass to the corporation as constituted under this Act.
(1) All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation or otherwise due to the Coimbatore Municipality as constituted under the Tamil Nadu District Municipalities Act, 1920, ( Tamil Nadu Act V of 1920) at the date of Commencement of this Act may be recovered as though they had accrued under this Act.
(2) All taxes, fees and duties which, immediately before the commencement of this Act, were being levied by the Coimbatore municipality, shall be deemed to have been levied by the corporation 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.
(1) When a dispute exists between the corporation and one, or more than one, other local authority in regard to any matters arising under the provisions of this Act or any other Act and the Government are of 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 themselves, of
(b) refer it for enquiry and report to an arbitrator or board of arbitrators, or to a joint committee constituted under section 28 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 deem fit.
(3) Any decision given, whether before or after this sub-sectio
Where immediately before the date of commencement of this Act any legal proceedings are pending to which the Coimbatore municipality as constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), is a party, then the Coimbatore Corporation as constituted under this Act shall be deemed to be substituted for the said Coimbatore municipality in those proceedings.
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by notification, if necessary, appoint a Special Officer to exercise the powers and discharge the functions of the corporation until the day on which the first meeting of the council is held after ordinary elections to the corporation after the commencement of Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) The Special Officer appointed under sub-section (1) shall hold office only for six months from the date of the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 and no longer.
Save as otherwise provided in this Act, the Government, may by notification and subject to such conditions and restrictions as may be specified therein, entrust to the corporation, the standing committees, Wards Committees or any other committee constituted under this Act, with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in Schedule X.
(1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment and special Provision) Act, 1994 the Government may by an 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 Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 as appear to them to be necessary or expedient for removing the difficulty.
Provided that no such order shall be made after the expiry of two years from the date of commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) Every order made under sub-section (1) shall, as soon as possible, after it is made, be placed on the table of the Legislative Assembly and if, befor
Notwithstanding anything contained in this Act or any other law for the time being in force, in regard to the Corporation of Coimbatore constituted with effect on and from the date appointed under sub-section (3) of section 1, the provisions of this Act shall be read subject to the rules in Schedule VII.
In the application of any law, rule, by-law, regulation, notification, scheme form or order to any area, in the absence of an intention to the contrary appearing in this Act and unless the Government otherwise direct -
(i) any reference to a Municipality or a municipal council shall be deemed to include also a reference to the Municipal Corporation of Coimbatore constituted under this Act;
(ii) any reference to a municipal town or municipal area shall be deemed to include also a reference to City of Coimbatore.
(iii) any reference to the Chairman or Vice-Chairman of a municipality shall be deemed to include also a reference to the Mayor or Deputy Mayor or the Commissioner, as the case may be, of the Municipal Corporation of Coimbatore having jurisdiction.
(See Section 33)
THE COUNCIL
1. In these rules, 'member' means a councilor.
2. The council shall meet in the municipal office of the transaction of business at least once in every month upon such day and at such hour as it may arrange and also at other times as often as a meeting may be convened by the Mayor.
Provided that no meeting shall be held on a public holiday.
Explanation - The expression 'public holiday' includes Sundays and any other day declared by the Government, by notification in the Tamil Nadu Government Gazette to be a public holiday.
3. (1) No meeting shall be held unless at least six clear days before the day of the meeting -
&
(See section 169)
PART I
Provisions common to taxes in general
1. (1) The commissioner shall prepare and keep assessment books in such form and in such parts and sections as he thinks fit, showing the persons and property liable to taxation under this Act.
(2) The assessment books and where detailed particulars relating to any assessment are kept in separate records, the portion thereof containing such particulars shall be open at all reasonable times and without charge to inspection by any person who pays any tax to the corporation or his authorized agent and such person or agent shall be entitled to take extracts, free of charge from the said books and records.
(3) The account books of the corporation
(See section 172)
PART I
Authorised Expenditure
1. The purposes to which the municipal fund may be applied include all objects expressly declared obligatory or discretionary by by-laws or rules and in general everything necessary for or conducive to the safety, health, convenience or education of the residents of Coimbatore or to the amenities of the City and everything incidental to the administration and the fund shall be applicable thereto within the City subject to these rules and such further rules or special orders as the Government may prescribe or issue; and shall be applicable thereto outside the City if the expenditure is authorized by this Act or specially sanctioned by the Government.
2. The objects of expenditure connected with the pub
A LICENCE
(See Section 360)
Aerated waters - Manufacturing
Ammunition - Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.
Arrack - Manufacturing
Articles made of flour - Baking, preparing, keeping or storing for human consumption (for other than domestic use).
Ashes - Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, dumping or sifting.
Beedies - (Beedi leaves) manufacturing, storing or selling.
Beer - Brewing
Biscuits - Baking, preparing, keeping
(See Section 441)
Section or rule Sub - section or clause Subject Fine which may be imposed
(1) (2) (3) (4)
36 (1) Interested councilor voting or taking part in discussion Four hundred rupees
128 (1) and (3) Failure to give notice of transfer of title or to produce documents One hundred rupees.
129 (1) Failure to send notice to commissioner, after completion of construction of building. One hundred rupees.
132 (1) Failure of owner or occupier to furnish return or rent etc. Two hundred rupees
Sec. 133 & 139 repealed by Tamil Nadu Act 24 of 1994 [138] …. Failure of owner or occupier to comply with requisition t
(See sec. 442)
Section or rule Sub - section or clause Subject Daily fine which may be imposed
(1) (2) (3) (4)
159 Erecting exhibition fixing retaining or displaying advertisement without the written permission of the commissioner -
(i) If the advertisement relates to any trade or business Ten rupees
(ii) if the advertisement does not relate to any trade or business. Four rupees
199 --- Failure to maintain house connexions in conformity with by-laws Ten rupees
200 (3) and (4) Failure to comply with requisition to make house connexion Ten rupees
209 --- F
1. In these rules -
(i) "appointed date" means the date appointed under sub-section (3) of section 1.
(ii) "Coimbatore Municipality" means the Coimbatore Municipality constituted under the old Act in existence on the appointed date;
(iii) "new Act" means the Coimbatore Municipality Council (Appointment of Special Officer) Act, 1975 (Tamil Nadu Act XXXIX of 1975);
(iv) "old Act" means the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);
(v) "special officer" means the officer appointed under the new Act to exercise the powers and perform the functions of the Coimbatore Municipal Council, its Chairman and of the Committees established or constituted by or under the old Act and also t
(See Section 5-A)
THE NUMBER, NAMES AND AREAS OF VARIOUS ZONES.
Number Name of Zone Area of the Zone/Number and name of the ward
(1) (2) (3)
1 Zone I 1.Peelamedu
2.Peelamedu East Part
3.Peelamedu East
4.S.I.H.S.Colony Ondipudur
5. Ondipudur North
6.Ondipudur (South) Singanallur (East)
7.Kalli Madai
8.Krishanapuram
9.Neelikonampalayam Ramanuja Nagar
1
(See Section 10-C)
POWERS AND FUNCTIONS OF THE WARDS COMMITTEE
(1) Sanction estimates and plans for municipal works to be carried out within the zone costing upto rupees five lakhs, other than works taken up and executed for Coimbatore as a whole or those covering more than one zone, provided that specific provision exists therefor in the budget sanctioned by the corporation.
(2) Call for any report, return, plan, estimate, statement, account or statistics from the Commissioner, connected with matter pertaining to the municipal administration section in the zone.
(3) Scrutinize monthly statements of receipts and disbursements and of the progress reports in the collection of revenue in the zone.
(4) Consid
(See Section 511-B)
1. Planning for economic and social development.
2. Roads and bridges.
3. Water supply for domestic industrial and commercial purposes.
4. Public health, sanction, conservancy and solid waste management.
5. Urban forestry, protection of the environment and promotion of ecological aspects.
6. Safeguarding the interests of weaker section of society, including the handicapped and mentally retarded.
7. Slum improvement and upgradation.
8. Urban poverty alleviation.
9. Provision of urban amenities and facilities s
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