MADURAI CITY MUNICIPAL CORPORATION ACT, 1971
(1) This Act may be called The Madurai City Municipal Corporation Act, 1971.
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 the Budget estimate which has been adopted by the council;
(4) "Building" includes -
(a) a house, out-house, stable, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever,
(b) a structure on wheels or simply, resting on the ground without foundations; and
(c) a ship, ves
(1) There shall be a corporation charged with the municipal government of the City of Madurai to be known as the municipal corporation of Madurai.
(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) a council
&n
(1) Subject to the provisions of sub-section (2) and (3), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) shall be 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 councillors 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 twentyfive 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 ne
(1) The city shall be divided into the 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 wards 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.
(1) The Corporation unless sooner dissolved under section 48, 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 -
(a) before the expiry of its duration specified in sub-section (1); or
(b) before the expiration of a period of six months from the date of its dissolution;
Provided that where the remainder of the period for which the dissolved corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the corporation for such period.")]
(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, is 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 refer
(1) Every standing committee shall consist of 2 Substituted for 'five' by Tamil Nadu Act 43 of 1983 from 13.9.83. [six members] elected by the council from among its councillors by a majority of the councillors 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 1 Subs, by Tamil Nadu Act 26 of 1994 [from among its members who is a councillor] 2 Substituted for by Tamil Nadu Act (XXXVII of 1978) [on such date as may be notified by the Government in this behalf] in accordance with such procedure as may be prescribed:
Provided that no councillor shall be a member of more than one standing committee at the same time.
3 Added by Tamil Nadu Act 26 of 1994 [Proviso ……. Provided further that in every standing committee, there shall be
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.
(1) Subject to the 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 regulations -
(a) shall supervise the utilization of the budget grants;
(b) shall have access to the accounts of the corporation, and may require 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.
THE WARDS COMMITTEES
3 Inserted by Tamil Nadu Act 26/94 [10-A Constitution of Wards Committee -
(1) For each zone there shall be a Wards Committee which shall consist of, -
(a) all the councillors elected from the wards comprised in that zone; and
(b) the person, if any, nominated by the government under clause (a) of sub-section
(2) of 5 if his name is registered as an elector with the territorial limits of the zone concerned.
(2) The Wards Committee shall be de
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 a 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, amend Schedule IX,
(3) When any question 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 dura
(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 in the State Election 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, a deputy commissioner and a personal assistant to the commissioner.
(2) The commissioner, the deputy commissioner and the personal assistant to the commissioner shall be appointed by the Government.
(3) The commissioner, the deputy commissioner and the personal assistant to the commissioner 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 allowance paid to the commissioner, the deputy commissioner and the personal assistant to the commissioner appointed under sub-section (2) and such contribution towards their leave allowances, pension and provident fund as th
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 councillors 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, limitations and conditions as may be prescribed or as are hereinafter imposed in this Act, the executive power for the purpose of carrying out 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 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 cases of emergency direct 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 or 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, the deputy commissioner and the personal assistant to the commissioner shall be paid out of the municipal fund such salary and allowances as may from time to time by the Government.
If the commissioner, the deputy commissioner or the personal assistant to the commissioner 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 deputy commissioner or 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 deputy commissioner or other municipal officer 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, authorise the deputy commissioner or any other municipal officer or any person in temporary charge of the duties of the municipal officer 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.
(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 statements of receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
(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 if there would be any miscarriage of justice in the implementation of such re
(1) Any councillor 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 councillor shall have the right to interpellate the Mayor on matters connected with the Municipal administration subject to such regulations as may be framed by the council.
(3) Every councillor 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 councillor may appeal against such order to the Mayor whose decision thereon shall be final.
Neither the Mayor or nor the Deputy Mayor, nor any councillor 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 councillor by the corporation at such rates as may be prescribed.
(1) The council or a standing committee may at the 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 therewith would be prejudicial to the interests of the corporation or of the public, in which case, he sh
The council may at any time call for an extract from 1 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 Government shall, join with one, or more than one 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 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 case referred to in sub-sections (6) and (7), h
(1) (a) The Mayor shall be elected by the persons whose names appear in the voters list for the wards 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 councillor,
Provided further that a person who stands for election as a councillor shall not be eligible to stand for election as Mayor.
Provided also that no councillor shall be eligible to stand for elections as Mayor.
(2) The election of the Mayor may be held ordinarily at the same time and in the same places as the ordinary
(1) The Deputy Mayor shall be elected by the councillors 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 shall continue as such Deputy Mayor until the election of his successor in office, provided that in the meantime he does not cease to be a councillor.]
An outgoing 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. 1 Subs. by Tamil Nadu Act 26/94. ["the councillors and the persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5 shall elect one from among the councillors to preside for the occasion"]
(2) Every meeting of 2 Subs. by Tamil Nadu Act 26/94. ["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 Councillor 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 me
(1) The commissioner and the deputy commissioner shall have the right to attend meetings of the council and of 3 Subs. By Tamil Nadu Act 26/94. ["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 the deputy commissioner or both of them shall attend any meeting of the council 1 Subs. by Tamil Nadu Act 26/94. ["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.
(1) 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 for consideration at a meeting of the council or "any standing committee, 2 Ins. By Tamil Nadu Act, 26 of 1994. [or Wards Committee"] or 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 1 Subs. by Tamil Nadu Act 26 of 1994. ["Councillor or persons 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 which the 1 Subs. by Tamil Nadu Act 26 of 1994. ["Councillor or persons referred to in clauses (b), (c) and
The mayor may resign his office by giving notice in writing to the council; and the Deputy Mayor or any councillor other than the Mayor or any member 4 Ins. by Tamil Nadu Act 26/94 ["or any member of 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 council and in any other case, from the date on which it is received by the Mayor.
No act or proceeding of the council or of a 1 Subs. by Tamil Nadu Act 26 of 1994 ["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, or Deputy Mayor or any member of the council took part in any proceeding or voted on any question or motion in contravention of S.35 or by reason of any irregularity or 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 pe
(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 member of 1 Subs. by Tamil Nadu Act 26/94 ["every standing committee, Wards Committee"] and of every other committee but shall not be eligible to be elected as the chairman of any standing committee. 2 Ins. by Tamil Nadu Act 26 of 1994. [or Wards Committee]
(2) If the Mayor was at the time of his election the chairman or an elected member of a 1 Subs. by Tamil Nadu Act 26/94 [a standing committee, or Wards Committee"], he shall cease to hold office as such chairman or member.
(3) If a vacancy occurs in the office of chairman of 1 Subs. by Tamil Nadu Act 26/94. ["any standing committee, or Wards 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
(1) When the office of Mayor is vacant his functions shall devolve on the Deputy Mayor or until a new Mayor 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 May or returns to the City or recovers from his incapacity as the case may be.
(3) The Mayor may be an 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 incapaciated, and the office of the Deputy Mayor is also vacant or if the Deputy Mayor is also absent as aforesaid or is incapaciated, the District Collector shall exercise the powers and perform the functions of the Mayor, until a new Mayor is elected or the 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 forward 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.
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 42.
If, on receipt of any information or report obtained under sections 42 or 43, the Government are opinion -
(a) that any duty imposed on any municipal authority by or under this Act or under any other Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance or 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, before ma
(1) If within the period fixed by an order issued under section 44, any action directed under that section has not been taken, the Government may be 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 the sub-section (1) shall have power to make such contracts as are nece
The Mayor shall submit to the government copies of all important resolutions of the council and of 1 Subs. by Tamil Nadu Act 26/94. ["the standing committees. 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 license 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 of this Act if, in their opinion -
(a) such resolution, order, license, permission or act has not been legally passed, issued, granted or authorized.
(b) such resolution, order, license, 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 efficie
"(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 a 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 taken 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 under sub-section (1), the Government shall communicate to the council the ground on which they propose to do so, fix a period of not
The Government may, by notification, direct that any power exercisable by a 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"]
(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 48-A, exercise and perform all or any of 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.
"(1) For the purpose of the election of seventy two councillors referred to in sub-section (1) of Sec. 5 the City shall be divided into seventy two wards the boundaries of which shall be fixed by the Government by notification."
(2) All the electors of a ward, irrespective of their community or sex, shall be entitled to vote at an election to the seat in that ward.]
(3) when issuing under sub-section (1) a notification which materially alters the existing wards of the city the Government may direct that the alteration shall take effect from the date of the next ordinary election
Only one councillor shall be elected for each ward.
["(1) The electoral roll of the corporation shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and revised in accordance with the 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 election 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
(b) is
(1) ["Any officer of the Government of 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 wards of the council 1 Subs. by Tamil Nadu Act 26 of 1994. [……………..] or the alterations to such rolls, as the case may be.
2 Explanation substituted by Tamil Nadu Act (XXII OF 1980. [Explanation- The power conferred by this sub-section on the person so authorized shall include the power to omit, in the manner and at the times aforesaid from the electoral roll for any such ward 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 51 3 Ins. by Tamil Nadu Act 26/94. ["or who is disqual
No civil court shall have jurisdiction -
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for the wards referred to in section 49; or
(b) to question the legality of any action taken by any authority under section 51 or section 52.
If any person makes in connection with -
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.]
(1) If any person has been elected for two or more wards, he shall, within seven days from the date of the last of such elections intimate to the commissioner the ward, for which he chooses to serve.
(2) to default of such intimation, the commissioner shall determine by lot and notify the ward for which such person shall serve.
(3) The said person shall be deemed to have been elected only of the ward so chosen or so notified, as the case may be, and the vacancies thereby arising in the representation of the other wards shall be filled by fresh elections.
No person who is of unsound mind and declared so by the competent court shall be qualified to vote and no person who is disqualified under section 82 shall be qualified to vote so long as the disqualification subsists.
4 Sub-section (1) substituted, by Tamil Nadu Act (XXXII of 1980) [(1) No person shall be qualified for election 5 Omitted by Tamil Nadu Act 26/94. [………….] as a councillor unless -
(a) his name is included in the electoral roll of any one of the wards of the City;
(b) he has completed his twenty-first year of age; and
6 Omitted by Tamil Nadu Act 18 of 1991. (c) [……………..]
(2) No servant of the Central or any State Government 1 Subs. for "or the Corporation or any other body corporate owned or controlled by the Central or any State Government" by the Tamil Nadu Act (II of 1975) (or the Municipal Corporation of Madurai) shall be qualified for election 2 Omitted by Tamil Nadu Act 26/94 […………] as a councillor;
&
(1) Where in connection with the tendering of any opinion to the Governor under sub-section (3) of section 55, 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 purposes 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 any thing which is in good faith done or intended to be done in pursuance of the foregoing provisions of section 55-A to 55-C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor 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 1 Omitted by Tamil Nadu Act 26/94. [……………….] as a councillor while undergoing the sentence and for five years from the date of the expiration of the sentence.
2 Sub-section (1-A) inserted by Tamil Nadu Act XI of 1978). [(1-A)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 3[……………..] as a councillor for a period of five years from the date of such conviction]
(2) A person shall be disqualified
(1) Subject to the provisions of section 60 6 Subs. by Tamil Nadu Act 26/94. [a councillor or a person referred to in clauses (b), (c) or (d) of sub-section (2) of section 5"] shall cease to hold office as such if he -
(a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 56;
7 Added by Tamil Nadu Act (IX of 1978) [(aa) is convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955):]
(b) becomes of unsound mind and declared so by the competent Court;
(c) applied to be adjudicated a bankrupt or insolvent;
(d) subject to the provisions to clause (c) of sub-section (2) of section 56, acq
(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 councillor, for a period of five years from the date of such dismissal.
(2) For the purposes of sub-section (1), a certificate issued by the commissioner or such other person authorized by the commissioner in this behalf that a 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 councillor and every 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 a councillor of nominated under clause (a) of sub-sec.(2) of sec.5 as representative in this council do swear in the name of God that solemnly affirm
that I will bear true faith allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India that I will faithfully discharge the duty upon which I am about to enter.
(2) If a person sits or votes as a councillor or sits as a representative nominated under clause (a) or sub-section (2) of section 5 before he has completed w
(1) Whenever it is alleged that any person who has been or co-opted as a councillor is disqualified under 2 Omitted by Tamil Nadu Act 26/94. [………….] section 57, section 58, section 59 or section 82 and such person does not admit the allegation or whenever any councillor is himself in doubt whether or not he has become so disqualified for office, such councillor or any other councillor, may and the commissioner, at the request of the council, or on a direction from the Government, shall, apply to the sub-ordinate judge, having jurisdiction over the city or if no sub-ordinate judge has such jurisdiction, to the district munsif having such jurisdiction.
(2) The said sub-ordinate judge or district munsif, after making such inquiry as he deems necessary), shall determine whether or not such person is disqualified under 1 Omitted by Tamil Nadu Act 26/94. […………] section 57. section 58, s
(1) No election of a councillor shall be 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 65.
(2) An election petition calling in question any election may be presented to under any of the grounds specified in section 60-B by any candidate at such election, by any elector of the wards concerned or by any councillor.
(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 and acts on which the petitioner relies,
(b) shall, with sufficient part
(1) Subject to the provision 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 councillor 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 returned candidate or his agent, or
(c) that any 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 influences 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 appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.
(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, an
The term of office of councillors shall, save as otherwise expressly provided in this Act, be 1 Subs. for "three years" by the Tamil Nadu Act of 1972. (five years) beginning and expiring at noon on such date as 2 Subs. by Tamil Nadu Act 26/94 ["the State Election Commission in consultation with the Government may'], by notification, appoint in that behalf:
(1) (a) 2 Subs. by Tamil Nadu Act 26/94 [Ordinary vacancies in the office of elected councillors shall be filled at ordinary elections which shall, subject to the approval of the State 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 councillor shall be filled at a casual election which shall, 1["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 casual election shall be held to fill a vacancy occurring within six months before the date of retirement by efflux of time and that such vacancy shall be filled at the next ordinary election.
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(1) Notwithstanding anything contained in clause (a) of subsection (1) of this section 62, 5 Subs. by Tamil Nadu Act 26/94. ["the officer or authority referred to in section 48-A, in consultation with the State Election Commission, shall"] cause arrangements for elections to be conducted, so that the newly elected councillors may come into office on a day "[on or before 31st day of March 1992.]
7 Omitted by Tamil Nadu Act 26/94. [………]
(2) For the purpose of subsection (1) of this section, clause (a) of sub-section (1) of section 62 shall have effect, as if for the words "within three months before the occurrence of the vacancies as he thinks fit", the words "so as to ensure that the newly elected councillors came into office, within the period specified in sub-section (1) of section 62-A". were substituted.
Notwithstanding anything contained in this Act or in the Madurai City Municipal Corporation (Amendment and Extension of term of Office) Act, 1971 (Tamil Nadu Act I of 1972) all members of the Corporation as well as the Mayor and the Deputy Mayor (including councillors who are members of the committees established or constituted by or under this Act) holding office on the 18th October, 1974 shall be deemed to have vacated their offices at noon on the first day of November, 1974 and fresh elections shall be held in accordance with the provisions of this Act.]
1 ibid.[……………….]
2 Omitted by Tamil Nadu Act 26/94.[……………….]
2 Omitted by Tamil Nadu Act 26/94 [………………….]
All elections of the Mayor and the Deputy Mayor and all election 2 Omitted by Tamil Nadu Act 26/94. [………….] of councillors and all elections of the chairman and members of the committees shall be notified in the Tamil Nadu Government Gazette.
POWER OF GOVERNMENT TO MAKE 3 Subs. For the word 'election' by Tamil Nadu Act 18 of 1991 (18.7.1991) [Election] 4 Omitted by Tamil Nadu Act 26 of 1994.[………….] Rules.
(1) 5 Subs by Tamil Nadu Act 26 of 1994.[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 -
6 Subs. By Tamil Nadu Act 26/94 [(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 councillors or including deposits to be made by candidates
Every officer, clerk, agent or other person performing any duty in connection with 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 may extent 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 wards 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 ward.
(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 ward between the earliest date for making nomination of candidates for an election and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an 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 r
(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 identity 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 document, one copy of the declaration is sent by the printer together with one copy of the document to the commissioner.
(3) For purposes of this section -
(a) any pr
(1) No person who is a returning officer, or an presiding or polling officer at an election 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 the police force, shall endeavour -
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner
(3) Any person who contravenes the provisio
(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 vote 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 an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may exten
(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 neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or 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
(1) Any person who during the hours fixed for the poll at any polling station misconduct himself or fails to obey the lawful directions 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 authorised 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 poling station.
(3) If any person who has been so removed from a polling 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 offen
(1) No candidate or his agent or any other person with the consent of a candidate or his agent shall hire or 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 elections 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 st
(1) 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 proceedings 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 and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidates, 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.
(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any 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 a police officer.
Provided that when it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.
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(1) No person at an election shall -
(a) fraudulently deface or fraudulently destroy any nomination paper or
(b) fraudulently deface, destroy or remove any list, 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 from any ballot paper, or
(e) fraudulently put into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroy, take, open or otherwise interfere w
No court shall take cognizance of any offence punishable under section 73 or under section 78 or under clause (a) of sub-section (2) of section 80 except on complaint in writing made by order of, or under authority from, the government.
Every person convicted of an offence punishable under sections 67 to 80 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 councillor to which this Act applies or from holding the office of councilor for a period of five years from the date of his conviction.
(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 purposes 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 such further orders as may appear to t
(1) Whether in pursuance of section 83 if the Government requisition any premises, there shall be paid by the corporation to the persons 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 :
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.
Provided that where any person interested, being aggrieved by the amount of compensation so determined makes an application to the Government within one month from the date of service of the order
The Government may, with a view to requisitioning any property under section 83 or determining the compensation payable under section 84 by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
(1) Any person authorised 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 83 should be in relation to such premises, vehicle or animal or with a view to securing compliance with any order made under that section.
(2) In this section the expressions 'premises' and 'vehicle' shall have the same meaning as in section 83.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 83 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 women 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 83 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 83 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 d
The Government may, by notification, direct that any powers conferred or any duty imposed on the Government by any of the provisions of section 83 to 88 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 83 or section 85, 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 exclusively to the furtherance of purposes to which the municipal fund may be applied.
Subject to the provisions of section 99, the commissioner may, for the purposes 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 or 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
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(1) Subject to the provisions of section 99, 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 exceed 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 by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894. (Central Act 1 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 the 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 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 one 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 does not exceed two lakhs of rupees, the sanction of the standing committee on taxation and finance shall be required; and when the amount of the estimate exceeds two lakhs of rupees but does not 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 estimated cost exceeds one lakh of rupees out does not exceed two lakhs of rupees.
(ii) before the council if the 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 entirety or subject to modification.
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(1) The Council may 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 no 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;
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(1) Every contract entered into by the commissioner on behalf of the corporation shall be entered into in such a 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 require to be under seal; and
(b) every contract for the execution of any work or the 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 material or goods which will involve an expenditure exceeding five thousand rupees, the commissioner shall give notice by advertisement inviting tenders for such contract:
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 commissioners to enter into a contract without inviting tenders.
(2) Where the amount of any contract does not exceed five thousand rupees, the commissioner, on receipt of the tenders in respect of such contract made in pursuanc
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 99, section 100, or section 101 merely by reason of the fact that the pecuniary limits there in 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 for 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 deputy commissioner, and the personal assistant to the commissioner, the corporation establishment shall consist of the following classes of officers, namely -
Class I A health officer, three engineers (one for water-supply and drainage, another for general purposes and the other for electrical undertakings), a revenue officer, a chief accounts officer, an education officer, a chief town planning officer, a secretary to the council.
Class II Assistant to Class I officers
Class III All other (not being persons holding posts in a service classified by the Government as a last grade service) appointed to serve under the corporation
Class IV All persons holding posts in a service classified by the Government as a last grade se
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 purpose 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 appointment committee at its next 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 for house rent, carriage hire, travelling expenses or any other allowances, gratuity or pension granted under the said rules shall in no ca
(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 in appointment under sub-section (1) or sub-section (2), the council may appoint a pers
(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 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 his behalf under the rules and regulation 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 allowances,
In the event of the occurrence of any unusual mortality or the prevalence of apprehended outbreak of any infectious diseases within the City the Government, if they consider immediate action necessary, may of their own motion appoint a special health officer wholly or partly at the expense of the municipal funds;
Provided that -
(a) the duration of the special officer shall not exceed six months; and
(b) the corporation shall not be bound to pay more than five hundred rupees per mensem on account thereof.
(1) The commissioner shall, lay before the appointments committee 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 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 the 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 appointments committee thereon shall be placed before t
(1) The authority competent to grant leave to the officer and servant of the corporation other than the deputy commissioner, the personal assistant to the Commissioner or any Class I officer shall be the commissioner.
(2) In the case of deputy commissioner, the personal assistant to the commissioner and Class I officer, 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 modification, constitute any class of officers of servants of the corporation into a civil service for the State of Tamil Nadu.
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, on and from the 1st June 1986,-
(a) all teachers (including headmasters), and
(b) all officers and servants of the Corporation, employed in connection with the corporation schools shall become whole time Government servants.
(2) Notwithstanding anything contained in this Act and subject to the provisions of Article 311 of the Constitution, the Government may make rules regulating the conditions of service of the teachers (including headmasters) and other persons referred to in sub-section (1)]
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government shall have power
(a) to transfer any officer or servant of the corporation to the service of the Municipal Corporations of Madras constituted under the Madras City Municipal Corporations Act, 1919 (Tamil Nadu Act IV of 1919) or the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or any other municipal corporation constituted under any law for the time being in force; or
(b) to transfer any officer or servant of the Municipal Corporation of Madras constituted under the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporatio
The council may levy -
(a) a property tax;
(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 transfers of property in the form of surcharge on stamp duty.
NOTES
See 100 LW 450
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 atleast 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 outstandi
If the tax mentioned in section 79 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), was immediately before the commencement of the Constitution, being lawfully levied by the council of the Madurai Municipality such tax may continue to be levied by the council of Madurai corporation on persons travelling by railway from any station notified under section 163 in or near the City:
Provided that no portion of the proceeds of any such tax shall be expended for purposes other than making arrangement for the health and comfort of the pilgrims or the improvement or development of the City.
When the council shall have determined subject to the provisions of section 115 and 117 to levy and 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 and 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 the council may continue to be levied until provision to the contrary is made by Parliament by law.
(1) If the council by resolution determines that a property tax for general purpose shall be levied, such tax shall believed 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 116.
Provided that the aggregate of the percentages so fixed shall not in the case of any land or building he less then 15.5 per cent or greater than 35 per cent of its annual value.
(3) For the purpose of assessing the property tax the annual value of any building or land shall be determined
(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 a 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 lien of all allowances for repairs or on any other account whatever.
Provided that -
(a) in the case of
The following buildings and land shall be exempt from property tax:-
(a) places set apart for public worship and either actually so used or used for no other purpose;
(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) 1 Substituted by Tamil Nadu Act 42 of 1994. [Buildings used for educational purpose including hostels attached thereto and houses used for 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) such ancient monuments pr
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 percentage in the highest class) and the precise and limits of each class;
Provided that -
(a) the council, may with the sanction of 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 full benefit from the w
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 or such portion of the tax as relates to the building only as in 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 remissions shall be entertained unless the owner of the building or his agent has previously thereto delivered a notice to the commissioner:-
(i) that the building is vacant and unlet; or
(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 the person whose title is transferred and the person to whom the same shall be 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 prison 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
(1) (a) If any building in the City is constructed or reconstructed, the owner shall give notice thereof to the commission 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 i
(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, owner of every building or 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 prope
The commissioner may it his discretion condone omissions to give notice under sections 126, 127 or 128, or any application under section 129, 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 time 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.
(1) If the council by a resolution determines that the 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 co
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 outdoor 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 officials 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-maker's during the whole of the half-year.
(e) animals which during the whole of the half-year have been kept in any institutio
With the sanction of the council or in accordance with regulations framed by that body, the commissioner may compound, for any period not exceeding one year, with and 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 be 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.
(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 o 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 person pays the amount of tax due in respect of any carriage or animal, the commissioner shall grant him a licence to keep such carriage or animals for the period to which the payment relates.
(1) The commissioner shall direct that a municipal number shall be affixed to every carriage kept with in 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 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 animals 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 the registration
If the council by a resolution determines that a tax shall be levied on carts, the commissioner shall levy the said tax half-yearly at the rate which shall not exceed eight rupees per cart per half-year fixed by the council and from the date specified in the notice published under section 116 on all classes of carts kept in 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 a 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.
(1) Every owner of any cart shall register it once in every 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 the registration 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 book shall be open to the inspection of any tax-payer at all reasonable times without charge.
Nothing in section 150 shall apply to -
(a) gun carriages, ordinance carts or wagons or other such property of the Government or the Central Government; and
(b) carts kept solely for sale by car-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 a half-year to have been under repair or standing at a cart-maker's during the whole of the half-year.
If a municipal number is not affixed to a carriage or cart in pursuance of a direction issued under Section 148 or section 151, 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 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 154 and the owner or other person entitled thereto does not claim the same and ay the tax, if any, due thereon within ten days from the date of seizure, the commissioner may direct that 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 the 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 Hackney Carriage 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 o the tax if any, due under section 141 or section 150, as the case may be, on account of the last preceding half-year and the current half-year and that the provisions of the rules, if any, made under section 149 have been complied with.
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 resolution determine:
Provided always that the rates shall be subject to the maxima and minima laid down by the Government in this behalf and in any case such rate of tax shall not exceed rupees one hundred for each advertisement per half-year:
(a) of a public meeting, or
(b) of an election to any legis
(1) No advertisement shall after the levy of the tax under section 157 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 commission shall not grant such permission if-
(i) the advertisement contravenes any by-law made by the council under clause (31) of section 433, 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 Disfigurement) Act, 1959 (Tamil Nadu Ac
The permission granted under section 158 shall become void in the following cases, namely:-
(a) if the advertisement contravenes any by-law made by the council under clause (31) of section 433, 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
Where any advertisement shall be erected, exhibited, fixed on retained upon or over any land, building, wall hoarding or structure in contravention of the provisions of section 157 or section 158 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 contmry to the provisions of section 157 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 the 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 commissioner may farm out the collection of any tax on advertisement leviable under section 157 for any period not exceeding one year at a time on such terms and conditions as may be provided for by-laws made under section 433.
(1) Where the city of Madurai resorted to by pilgrims and the occasions for pilgrimage occur at intervals of years or only once or twice in a single year, a tax on persons leaving the said City or its neighbourhood by railway, shall be levied only for a specified period in respect of each occasion. Where occasions for pilgrimage are more frequent or the said City is a place of pilgrimage of perennial resort, the tax may be levied throughout the year.
(2) The occasion and the period of the tax shall, in consultation with the railway administration and with the previous approval of the Government, be determined by the council.
(3) The tax shall be collected from the date and during the period specified in the notification published in this behalf as a surcharge on the tickets of all passengers travelling by railway from any one the railw
The duty on transfers 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 such five per centum of the amount specified below against instrument:-
Description of instruments Amount on which duty should be levied
(1) (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-
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 Government may 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 of 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 councillor.
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 of the taxes or fees leviable under this Chapter has escaped assessment in any half-year or year 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-consequent in 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 of 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 rule 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 of 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).
With regard to the deposit, investment and expenditure of the municipal fund 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 authorised 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) shall 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 taxes, duties, fees and dues authorised 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 t
The time for the repayment for any money borrowed under section 174 shall in to 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 such previous loan was sanctioned.
Notwithstanding anything herein-before 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 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 per cent, 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 previous sanction of the Government may determine, and shall be transferable in such manner as shall be therein expressed; and the right tot 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 to 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 Indian 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 such persons may give an effectual receipt for any interest of 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 the Central Government.
(c) any municipal debenture of Tamil Nadu.
and shall be invested in the joint names of the Secretary to the Government of Tamil Nadu, Finance Department and the Examine
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 191) 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 dates 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
All payments due from the corporation for interest on and repayment of loans shall be made in priority to all other payments due from 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 condition 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 interest 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 de
(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 each year, a budget containing a detailed estimate of income and expenditure for the ensuing year, and if it is in his opinion necessary or expedient to vary taxation or to raise loans, shall submit 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 20th January of each year.
(2) In such budget estimate the commissioner shall -
(a) provide for the payments as they fall due of all installments of principal and interest for which the corporation may be liable on account of loans;
&
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 next 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 resubmission with-in specified time well in advance of the due date specified in section 186, or adopt the budget estimate or any revised budget estimate submitted to 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 dat
The council shall finally pass the budget estimate before 15th day of March of the year to which it relates 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 matter 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 1st 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 reduced below one lack and fifty thousand rupees.
(1) 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
(1) If it shall at any time during any year appears 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 under the General Account-Revenue, it shall be incumbent on the council either to diminish the sanctioned expenditure of the year, so as far as it may be possible so to do with due regard to all the requirements of this 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-Re
(1) The Finance Commission referred to in article 234-I of the Constitution shall also review the financial position of the corporation and make recommendations to the Governor as to.-
(a) the principles which should govern.-
(i) the distribution between the State Government and the corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the State 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 grant-in-aid to the corporation from the Consolidated Fund of the State:
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All public reservoirs, tanks, cisterns, 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 land (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, pipes or other works within 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 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 persons offending.
All house-connection, 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, required and kept in proper order, at the expense 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 animal value of less than one hundred and twenty rupees.
(2) Whenever it appears to the commissioner that any dwelling-house assessed at an animal 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 meters distance from any part of such building, the commissioner may be 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 consumption 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.
(1) Where an owner or occupier applies for a connexion 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 connexion 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 by-laws made by the council under section 433.
(c) if the owner or 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 connection or the cost of hire of a meter or the cost of carrying out 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 or
The corporation shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water, in the case of unusual drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes.
The commissioner shall take measures 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 other illuminant as the council may determine.
All public drain, 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 systems of public drains throughout the City.
All house - drains whether within or without the premises to which they belong, and all latrines, and cesspools 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 by-laws for the connexion, if practicable, of the applicant's drain with a public drain at the applicant's expense.
(2) If there is a public drain or other place set apart by the corporation for discharge of the drainage within a distance not exceeding thirty meters 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 by-laws at such owner's 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 of 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 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 the corporation an entirely distinct drain either for water unpolluted with se
(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 drains or stop up, divert, obstruct, or in anyway interfere with any 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 front he owner thereof, in the manner provided in section 479.
(1) The commissioner may be 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 entrance to the said building or land.
(2) Such culverts or drain coverings 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 thenceforward maintain proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and 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 license under sub-section (1)
(3) Every licensee of public latrine shall maintain it clean and in proper order.
(1) The commissioner may be 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 or other latrines for the use of the persons employed in or about or occupying such building or alter or remove from an unsuitable to a 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 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.
Even person employing workmen, laborers or other persons 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 require an 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 descriptions and number on and 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 neighborhood.
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 keep support cables, pipes, channels, wires and lights on any pole or post in the City not vested in the Government and may do all act necessary for 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 purpose for which it is intended to be used or for removing same.
Provided that such work shall be done so as
(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 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, excise all the powers which they may exercise within the City throughout the line of country through which conducts, channels, pipes, lines or 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.
(1) The commissioner shall -
(i) provide or appoint in proper and convenient situations, depots or places for the temporary deposit of rubbish and fifth and for the final disposal of rubbish, filth and carcasses of animals; and
(ii) provide dustbins for the temporary deposit or 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 prevention the depots, places, dustbins, 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 accumulation 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 be 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 dustbins or other convenient receptacles to be provided at suitable interval
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 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 or occupier of such premises to collect all rubbish and 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 of such removal such periodical fee as may, with the san
The commissioner may conduct 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 - cleaning 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 at 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 229.
All things deposited in depots or places provided or appointed under section 226 shall be the property of the corporation.
In cases not provided for by any notice under section 228 the commissioner shall, with sanction of the standing committee, by 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 public 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 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 provisions has been made under sections 226 and 230 for the deposit and removal of the same-
(a) deposit the carcass of animals, rubbish or filth in any street or on veranda of any building or an any unoccupied ground alongside any steed or 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 instruction 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 neighborhood, 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, stones and other provided for such streets including all sewers, drains, street lights, drainage works tunnel 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, tunnel, culvert or tree from the control of the corporation.
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The corporation shall cause the public streets to be maintained and repaired and may make all improvements thereto which are necessary or expedient for the public safety or convenience.
(1) The commissioner may subject always to such sanction as may be required under Chapter IV.
(a) lay out and make new public street:
(b) construct bridges and sub-ways:
(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 street in areas covered by huts.
(2) Compensation shall be paid to the owners and occupiers of any land or buildings which are acquired for or affected by any such purposes.
(3) In determining such compensation, allowa
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 owners 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 any 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, 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 to
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 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 in 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 defin
(1) No person shall construct any portion of any building within a street alignment prescribed under sec. 242 provided 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 an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest -
(a) No person shall construct any portion of any building within a street alignment prescribed under sec. 242 provided however that the commissioner may in his discretion permit additions to a building to be made within a street alignment, if such additions to a building to be made within a street alignment, if such additions merely add to the height and rest upon an existing building or wall, upon the owner of the building executing an agreement binding hims
(1) When any building or part thereof abutting on a public street is within a street alignment prescribed under sec.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 meter; or
(b) to remove, reconstruct or make any addition to any portion of such building which is within street alignment, in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building, to be setback 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 taken down, the commissioner may forthwith take posse
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 max 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.
Explanation - For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment if a wall of such material and dimensions as are approved by the commissioner is erected along the said line.
(1) The standing committee may prepare schemes and plans of proposed public streets 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 meters, or in any area covered by huts, nine meters.
(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 the purposes specified in Schedule-III:
Provided that such work shall be completed and such street re-opened to traffic with all reasonable speed.
It shall not be lawful for any person, without the permission of the commissioner, to displace, take up or make any alternation in the fences, posts, payment, flags or other materials of any public street.
When by a certificate of an officer of the Public Works Department 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 neighborhood 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 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 to 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
(1) If the owner of any land utilizes, 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 access 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 per cent of the estimated cost of lay-out improvements in the land and that the owner shall also reserve not exceeding provided for laying out streets. If any owner contravenes any of the conditions specified above, he shall be liable for prosecution.
(3)
(1) Any person intending to lay-out 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, the levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting the street.
(d) the extent of each site and its usuage;
(e) the extent of open space around the building site allowed:
(f) the extent of open space allowed for public purposes.
(2) The provis
The provisions of sections 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 by 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
(1) If any private street or part thereof is not levelled, payed, 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 buildings and lands fronting or abutting on such street or part including in cases where the owners of the land and of the building thereon are different the owners both of the land and the building to carry out any work which in his opinion may be 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 levelled, payed metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of the section 254, such street shall, on the requisition of a majority of the owners referred to in sub-section (1) of the section, be declared as a public street.
No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment 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 alert it so that no part thereof when open shall project over the street.
(1) The commissioner may be 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 projecting 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 that 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 altera
(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 sun-shades, 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, Madurai or any officer authorised 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 constructi
Subject to the provisions of the Tamil Nadu Open places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act II of 1959) and sections 157 to 162 of this Act, the Commissioner, may, with the sanction of the council, setup, 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 boarding, erection or thing on payment of such fee as may be prescribed by regulation made by the council in this behalf.
Explanation I - For the purposes of sections 160 and 161 the person who has been permitted to use any hoarding, erection or thing under this section shall be deemed to be the owner or the person in occupation of such hoarding, erection or thing.
Explanation II - For the removal of doubts, it is hereby declared that any fee p
(1) The commissioner shall so far as it practicable during the construction or repair of any street, drain on 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 building, 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 drain, street or premises to be sufficiently lighted or guarded during the night while under construction or repair.
(3) The commissioner shall, with all reasonable speed,
(1) No person shall make a hole or cause any obstructions 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 efficiently 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.
(1) With the approval of the Government the council shall give names or numbers to new public streets and shall also give name to 3 Substituted for "new locality and "locality" by Tamil Nadu Act XXX of 1979) [park, play-ground, 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 3 Substituted for "new locality and "locality" by Tamil Nadu Act XXX of 1979). (park, play ground, bus stand arch) or municipal, property:
4 Proviso inserted, by Tamil Nadu Act XXX of 1979. Omitted by Tamil Nadu Act 19 of 1990. Proviso omitted (………………………..)
(2) The commissioner shall cause to be put up or painted in Tamil and in English on a 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
(1) The commissioner may cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the enclosure thereof.
(2) No person shall without lawful authority destroy, pull out 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 by notice require him to replace it.
(1) The Government may make rules -
(a) for the regulation or restriction for 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) the no insanitary or dangerous site shall be used for building, and
(b) that no site shall be used for the construction of a buil
(1) The council may give public notice of their 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 re-constructed 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 construction 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
(1) The council may require any building intended to be erected at the corner of two street 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 compensation which shall be the market value of such land on the date of acquisition.
3. In determining such compensation, 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 re-constructed 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 re-constructed 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.
(1) If any person intends to construct or re-construct 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 ground plan, elevations and sections of the building 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 re-construct a building unless and until he has approved of this site on an application made under section 272.
(1) The construction or re-construction 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 construction 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 precaution.
With 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 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 or 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 to contravene any of the provisions of this Act or any rule or by-law made under this Act.
The only ground on which approval of a site for the construction or re-construction of a building or permission to construct or re-construct a building may be 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 the site-plan, ground plan, elevations, sections, or specification would contravene some specified provision of any law or some specified order, rule, declaration or by-law made under any law;
(2) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or by-laws;
(3) that any of the documents referred to in section 272 have not been signed as required under rules or by-laws;
(4) that any in
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 application has been made for the renewal of permission granted under this Chapter; and the provisions of sections 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 made for the renewal of permission granted under this Chapter, and the provisions of sections 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 re-construction thereof, or within one month from the date of receipt of the notice given under section 128.
(1) If the commissioner finds that the work -
(a) is other 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, or order or declaration made under this Act.
he may be 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 alteratio
Notwithstanding any action taken under section 282 or section 442(1) 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 meters or part thereof covered by the portion or portions or the buildings 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 re-construction of any building if in his opinion the work in progress contravenes any of the rules, regulations or by laws 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.
The provisions of section, 272, 273, 274, 280, 281 and 284 shall, so far as may be apply to wells.
(1) Every person who intends to construct or re-construct 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 re-construction of a hut shall not be commenced unless and until the commissioner has granted permission for the execution of the 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 re-construct a hut, or of any information or plan or further information or fresh plan 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 292.
(1) 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 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.
(1) The only grounds on which permission to construct or re-construct 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 t
(1) If the construction of any hut is commenced within 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 re-construction 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 re-construction 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 application 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 materials 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 addition 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 a 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.
(1) If the commissioner is satisfied -
(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 rules or by-laws made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or by-laws, or
(ii) that any alterations required by any notice issued under section 282 have not been duly made, or <
(1) If the construction or re-construction 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 re-construction, 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.
Any building constructed and used or intended to be constructed and used, exclusively for the purpose of a plaint-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 meters adjacent building.
The standing committee, may subject to the approval of the council decide whether any particular area is or is not a hutting ground as defined in clause (2) of section 2 and the decision of the standing committee shall on such approval be final. The standing committee may also subject to the approval of the council, define the external limits of any hutting ground and from time to time alter such limits.
(1) The commissioner may, for 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 building or huts and to provide such surfaced 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 commissio
(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, the buildings or huts standing in regular lines and with a free passage in front of and behind each line, of such width as may be necessary for proper ventilation and for scavenging.
(b) the drains for the general use of the 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;
&
(1) If, after the service of a notice under section 301, on the owner or occupier of a 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 such other qualification as may be prescribed by the council in this behalf and the other an engineer, and the commissioner on rec
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 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 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.
(1) When a standard plan has been approved for any 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 or 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 in such plan as to be conserved or filled up, to conserve or fill up such tank, well or low land.
(2) Until such notice is complied with, the commissioner may refuse to sanction the erection of a 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 or huts are crowded together; or
(b) for any other reason,
is in such unhealthy condition that the 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 occupie
(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 bee 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 modifications, if any, there 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 buildings or 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 472, 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 476 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 pa
(1) If, in carrying out any improvements as provided in section 309, the commissioner causes any building 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 material or if the of owner be unknown or the title to the building or hut be disputed, cause such material 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.
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 Schedule 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 Schedule 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 Sections 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) Notwithstanding anything contained in Sections 308 to 313 the standing committee may, after receipt of 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 purchase or acquire the said hutting ground or portion, and such plan shall be deemed to be the standard plan of the hutting ground.
(1) No standard plan approved for 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 areas as open lands not to be built upon, whether such open lands be common ground, streets, passages or spaces behind a line of building or huts.
(2) In calculating the said proportions of one-third half of any such area no tank situated therein that has to be filled up shall be taken into account.
(1) When the land included in a hutting ground is owned by more owners than one, each owning 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 proportions 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 persons who are liable to p
(1) Every street or passage in a hutting ground which is shown in the standard plan approved under this Chapter for the 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 a private street and the portion thereof which falls on the land of each owner shall belong to such owner:
(2) Every such private street shall, 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 be kept open for the use of all the tenants of the hutting ground:
Provided that, notwithstanding anything contained in the Limitation Act, 1963 (Central Act XXXVI of 1963), no use of any such street shall, by reason of any lapse of time, he held to confer a right of wa
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 hutting ground shall at all times be kept available for the use of such tenants:
Provided that, notwithstanding anything contained in the 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 in proper order and repair, to the satisfaction of the commissioner such streets, passages, drains, common privy accommodation, 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.
(3) If the commi
(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
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 remodelled 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) Form 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
(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 meters 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-forth 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 alignme
(1) In any hutting ground, at any time after the expiration of seven-years from the time when any alignment has been prescribed-
(1) 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 owners or occupiers of the existing buildings or huts to remove such buildings or huts or portions thereof as fall-
(i) within any such prescribed street alignments, or
(ii) within1.5 metres on either side of any such prescribed building or hut alignments as the case may be.
(2) When a building or 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 sections 301, 302 or 308, or
(b) in any hutting ground or area in respect of which alignments for 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 of or addition 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 the 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 decision 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 such 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 479.
(3) If, in the commissioner's opinion, the said structure is immediately dangerous to the inmate thereof, the commissioner shall order the
(1) If any tree or any branch of a tree or the 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 to take such temporary measures, as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner provided in section 479.
(1) If any tank, pond, well, hole, stream, dam, bank or other place be deemed by the commissioner to be for want of sufficient repairs, protection or enclosure, dangerous to the passers-by, or to persons living in the neighborhood, the commissioner may be 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 479.
(1) The commissioner may by notice require the owner of any structure, booth, or tent partly or entirely composed of, or having any external roof, veranda, 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, veranda, 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 for private use timber, fire-wood, or other combustible things to take special steps to guard against danger from fire.
(3) Where the commissioner is of the opinion that the means of egress from any structure are insufficient to allow of safe exists in the event of fire,
(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 a 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 persons residing in or having legal access to the neighborhood thereof or 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 persons 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 su
(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 the purpose, the commissioner may by notice require the owner or person having control thereof to -
(a) refrain from using or permitting the use of such water, or
(b)
If it appears to the commissioner that any public well or receptacle of stagnant water is likely to be injurious to health or offensive to the neighbourhood, he shall cause the same to be cleaned, 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 or thing 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 thereinto or do anything, whereby the water may be fouled or corrupted.
If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted and thereby becomes a resort of idle and disorderly persons or 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 injurious to health or offensive to the neighborhood, to cleanse, clear or otherwise put the building or land in proper state or to clear away 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 of coal, charcoal, ashes, cinders, gunny bags, wool, cotton, or any material or the shifting, 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 neighborhood 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 or 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, or
(b) trim or prune any hedge 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.
The commissioner, if it appears to him necessary for sanitary purposes so to do, may, by notice, require the owner or occupier to 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 portion thereof is, by reason of its having no plinth or having a plinth of insufficient height, or by reason of want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighborhood, 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 reason, 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 of
(1) If any building 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 make, 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 be
(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 or building, is overcrowded as a endanger the health of the inmates thereof, he may apply to a magistrate to abate such over-crowding; and the magistrate after such enquiry 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 down any tree or hedge or shrub or part thereof or removes any fruit by virtue of his powers under this Chapter or under section 472 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 any 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 ma
No person shall be entitled save as provided in sections 333 and 343 to compensation for any damages sustained by reason of any action taken by a municipal authority in pursuance of its power under this Chapter
Nothing in this Act or in any rule, by-lay or regulation made there under 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 the 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 1 Notes: This Act has been repealed by Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987. 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.
(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, tea-shop, coffee-house, café, restaurant, refreshment, room, or any place, 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 made under section 433 relating to such premises whether or not the licensee is prosecuted under this Act.
NO PERSON 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 be a nuisance or so as to be dangerous; or
(c) feed or permit to be fed on fifth any animal which is kept for dairy purposes or may be used for food.
Any -
(a) dog or pig not taxed under section 141, or
(b) monkey,
found straying, may be summarily destroyed by any person authorised 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 quadrupeds 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 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 under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
(3) No person shall, without or otherwise that 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, construction, 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 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 pursuance of any such notice sh
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 be used as a stable, cattle - shed or cow - house. Every such notice shall state the grounds on which it proceeds.
LANDING PLACES, CARTS - STANDS, ETC.
(1) The commissioner may construct or provide public landing places, halting places, car 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 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 up 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.
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 of 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 authorised 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 a before the opening of such place as a cart-stand or the commencement of the year for which the licence is sought to be removed as the case may be.
(3) The commencement shall, as regards 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 new private c
(1) The occupier of any premises 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 the ward 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 commiss
(1) No place within the limits of the City shall be used for any of the purposes mentioned in Schedule 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 that fortyfive and not more that 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
(1) Every person intending-
(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam 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 purposes mentioned in Schedule IV, or
(c) to install in any place any machinery or manufacturing plant driven by steam, water, electric 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 respe
(1) If, in any factory, workshop or work-place 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 vibration 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 wilful 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 work-place altogether until such direction have been carried out or between the hours 6 p.m. and 8 a.m. or during any particular time or times between suc
Whenever it shall appear to the commissioner that any factory, workshop, work-place 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 is not ventilated in such a manner as to render harmless as far 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 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 fixed or so insecurely fenced as to be dangerous to life or limb, the commissioner may by written notice require the owner of
Whenever it shall appear to the commissioner that any factory, workshop or work-place or any building or any place steam, water or other mechanical or electric power is employed is or is likely to become by reason of the 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 neighbourhood he may by written notice require the owner or occupier of such factory, workshop, work-place, 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 authorised by him in this behalf that any offence is being committed against sections 361, 362, 363, or 364.
(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 rights 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 effecting an entrance under this section.
The standing committee may, on the request of the commissioner inspect the works and sites, before the 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 on omitted to be taken under sections 360, 361, 362, 363 or 364.
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 was-houses 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 cloth
(1) The commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their calling within the City, except at
(a) Public wash-houses or places maintained or provided under section 359; or
(b) such other places as he may appoint for purpose.
(2) When any such prohibition has been made to person who is by calling a washermen shall, in contravention of such prohibition, wash-cloths, except for himself or 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 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 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.
(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 animals 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 licensed slaughter house any cattle, horse, sheep, goat, or pig for sale or food or skin or cut up any carcass without or otherwise than in conformity with a licence from the commission 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.
Section 375 of the Madurai City Municipal Corporation Act, 1971, addresses the regulation and authorization related to the slaughter of animals for religious ceremonies within the jurisdiction of Madurai. It provides specific powers to the Commissioner to permit such activities without requiring licenses or fees, emphasizing religious and cultural practices.
Section 375 authorizes the Commissioner to permit the slaughter of animals for religious purposes without the need for a license or fee. The section explicitly states that the Commissioner can appoint any person to carry out slaughtering for religious ceremonies, ensuring that such activities are conducted smoothly and with official sanction.
The scope is confined to slaughtering animals for religious ceremonies within Madurai. It excludes commercial or non-religious slaughter activities. The section aims to facilitate religious practices while maintaining regulatory oversight through administrative authorization.
The section does not specify explicit punishments for unauthorized slaughter or violation of its provisions. However, general penalties under the Act or related laws may apply if activities breach other statutory provisions or if slaughtering occurs without proper authorization.
Note: The analysis is based on the available sources and general legal principles related to the section. Specific case law or detailed penalties are not provided in the given references.
The power of the commissioner to grant licence or permission under sections 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)
(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 ma
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 any one or more of the following fees at such rates as the standing committee may determine and may place the collection of such fees under the management of such person as may appear to him proper or may form 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
(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 433 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 possess may be terminated for such period and from such date as the commissioner may terminated for such period and from such date as the 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,
(1) The council shall determine whether the establishment of new private markets for the sale or, 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 that 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 in 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 de
(1) No person shall without or otherwise than in 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 commission 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 executes such works as may be specified in the order.
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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 cents 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 the stalls, passages, shops, door or other parts of t
(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 the 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 433-
(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 and 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, slaughte
(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 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 city therein or, expel 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 expel there from any person who is creating a disturbance 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 intend for human food in any place within the limits of City.
Provided that no licence shall be acquired 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.
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 person 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 shall be final.
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 the 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 authorised 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 authorised 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 any food is being manufactured, or otherwise than in conformity with a licence, he may enter any such place without notice, at any time by day or night for the purpose of satisfying himself whethe
No person shall in any manner whatsoever obstruct the commissioner or any person duly authorised by him in the exercise of his powers under section 395.
If it appears to the commissioner or a person duly authorised 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 of containing any article of food is of such kind or in such state as to render the articles 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.
No person shall remove or in any way interfere with anything 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 to 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.
(1) Articles of food, animal, poultry, fish, utensils, or vessels, seized under section 391 or 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 magistrate of any offence under the Indian Penal Code (Central Act, XLV of 1860) or under this act, if it appears to the magistrate on taking such evidence as he thinks necessary that any such animal, poultry, or fish is deceased, or any such article is noxious or any such utensil or vessel is of such kind or in such state as is described in section 397, he may order the same-
(a) to be forfeited to the corporation.
(b) to be destroyed at the charge of the owner or person in whose possession it was at the time of seizure, in such manner as to prevent th
If it appears to the commissioner that there is no owner or person having the control of any place used for burying, burning, or other wise disposing of the dead, he shall assume such control and register such place or may, with sanction of the council close it.
(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, the 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 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 no sufficient provision exists, provide places to be used as burial or burning grounds or crematoria either with or without the sanction of the Government within 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 offence 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 section 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 to some conspicuous place at or near the entrance to the burial or burning ground or the place 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 registered, lic
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 underneath 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 of near relatives of the family to whom it belongs.
(1) If the commissioner is of the opinion.-
(a) that any registered or licensed place for the disposal of the dead or any place provided for such disposal by the council or by the Government is in such a state or situation as to be or to be likely to become dangerous to the health or 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 authorised 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
No person shall-
(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 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 h
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 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) The corporation shall register all births and deaths occurring in the City.
(2) Information of births and deaths shall be given and their registration shall be made and enforced in the prescribed manner.
(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 ward with the least practicable 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 the occurrences in infectious disease in his house.
Explanation. - Sub-sections (1) and (2) shall apply to hakim or a vaidyan.
The commissioner or health officer may at any time, by day or 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, except in cases where he is satisfied that adequate arrangements have been made or exists for the proper care and treatment of the person who is 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 diseases, and take such measures as he may think fit to prevent the spread of such disease.
The commissioner may provide and maintain suitable conveyances for the carriage of persons suffering from any infectious disease.
(1) If, in the case of any person in a hospital, it appears to the officer-in-charge 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 accommodation; 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-in-charge, health officer, assistant health officer, as the case m
(1) If the commissioner or health officer is of the 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 effectively 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
(1) If the commissioner is of the 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 the hut or shed such previous notice of his intention as may, in 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.
(1) The commissioner may-
(a) Provide proper places with all necessary attendants and apparatus, for the disinfection of conveyance, 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 of 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 di
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 practitioner 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 driv
(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 the health officer or some person authorised by him in this behalf has granted a certificate stating 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 public entertainment to close the same for such period as may be fixed by the standing committee.
No person being a parent of having the care of charge of a minor who is or has been suffering from any infectious disease or has been exposed to infection therefrom 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 is 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 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 any 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.
The corporation shall enforce vaccination throughout the city and it may enforce re-vaccination throughout the City or in any part thereof, in respect of such persons to such extent, and in such manner as may be prescribed.
Where are inmate or 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 of 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 ward, 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 purposes 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 meetings of the standing committee or any other committee and for the conduct of business and the number of members which shall form a quorum at such meetings:
(d) prescribe the accounts to be kep
(1) (a) All rules made under section 431 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 into force on a particular day, come into force on the day on which they are published.
(2) Every rule made under section 431 and 1 Subs. By Tamil Nadu Act 26 of 1994. ["every notification issued under sub-section (2) of section 5-A, 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 the State Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses ag
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-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;
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By-laws with regard to the drainage of, and supply of water to, buildings and water-closets, earth closets, privies, ash-pits and cesspools 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 433 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-laws made by the council under this Act shall have any validity unless and until it is sanctioned by the Government.
The power to make by-laws under this Act is subject to the conditions:-
(a) that a draft of the proposed by-law is published in the Tamil Nadu Government Gazette and in the local newspapers;
(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 peruse the 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 th
(1) If, in respect of any of the matters specified in section 433 the council has failed to make any 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 matter to such extent as they 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 section 434, 435 and 437 and of the second sentence of sub-section (1) of section 439 and section 441 shall apply to the rules made under this section as they apply to the by-laws made under section 4
(1) (a) When any by-law has been made, under this Act such 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 and by-laws in force to be printed in Tamil and English and shall cause printed copies thereof to be sold to any applicant on 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 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 433 shall be affixed at the entrance to or elsewhere in the street, part 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.
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(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
(b) contravenes any rule or order made under any of the said sections or rules; or
(c) fails to comply with any direction 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 rule;
Shall on conviction be punished with fine specified in the fourth column of the said Schedule.
(2) Whoever after having been convicted of -
(a) contravening any provision of any of the sections or rules of this act specified in the first and second col
(1) If a councillor votes in contravention of section 35 or if any person acts as a councillor 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 as or exercises the function 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 function, 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 pos
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 in any contract or employment, any personal share on interest in any contract or employment with, by, or on behalf of the corporation, he shall be deemed to have committed the offence punishable undersection 168 of the Indian Penal Code (Central Act XLV of 1860):
Provided that no person shall by reason of being a share-holder in or member of, any company, he 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 to enter into a contract with the council, wit
Any person who continues or purports to continue, to hold or vote at or takes part in a meeting of a council after it has been adjourned in accordance with the provisions of this Act or the rules or regulations made thereunder shall be punishable with fine which may extend to five hundred rupees.
(1) Every owner or person incharge of any vehicle or animal liable to tax under section 141 who omits to obtain, within fifteen days of the service of a bill on him, a license under section 147 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 of person shall receive a license for the vehicle or animal in respect of 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 144 fails to pay such sum and the amount due for a license shall in such case be taken as the amount s
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 direction 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
(1) In the absence of a written contract every sanitary worker employed by the corporation shall be entitled to one months 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 discharge at the end of it.
(2) Should any sanitary worker 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 month'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 notification the pro
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 in to 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 of 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 fees 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 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 sections 161, 210, 218, 219, 220, 222, 223, (2), 282, 296 (3), 327, (1), 328 (1), 333, (1), 334, 338, 343, 353, 354 or 362;
(ii) under any by-law concerning house drainage or the connexion of house drains with municipal drains, or house connexion, 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 Commission
(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 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 Limitation 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 power 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 section 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 Actor 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 such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof
(1) Every licence, permission notice, bill, schedule, summons, warrants 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 property signed if it been facsimile of the signature of the commissioner or 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 shall 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, or
(ii) shall instead of being published in 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 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, translated into Tamil and deposited in the office of the corporation and copies thereof in Tamil and English shall be affixed in a conspicuous position at such office and at such other places as 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 lease 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 or 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 said 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
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 it 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 by 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 works as may be necessary.
(2) Such owner shall, for a period during which he is prevented as aforesaid, be exempted 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 require 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 inquiry, 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) expect when it is in this Act, otherwise expressly provided dw
(1) The commissioner or any person authorized by him in this behalf may with or without assistants to workmen enter on any land adjoining or within fifty metres 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 or occupier, fence off so much of the land as may be required for such purpose.
(3) The commissioner or such authorized persons shall no
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 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 any property, movable or immovable, public or private, affected thereby within a time to be specified in the notice;
(c) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be liable on conviction before a magistrate to a fine not
(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 472 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 472 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 which it is given, the commissioner may (whether any action or other proceedings 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 to the owner the rent payable by him in respect of such property as it falls due, up to the amount recoverable f
Instead of recovering any such expenses as aforesaid in the manner provided under section 479, 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 instalment 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 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-section (1) and (2) of section 333, section 338, section 343, section 386 or section 472 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.
(1) Improvement expense shall be a charge on the premises, in respect of which or for the benefit of which the same shall have been incurred and shall be recoverable in installments 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 installments 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 installments 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 of 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 th
All costs, damages, penalties, compensations, charge 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 manner provided by rules 29 and 35 of the rules contained in Part VI and Schedule II unless within fifteen days from the date of service of the bill such person shall have applied to the district munisif having jurisdiction over the corporation under section 480.
Where in any case not provided for in section 488 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 any costs, damages, penalties, compensation, charges, fees, rents, expenses, contributions, or other sums referred to in section 479 the amount or apportionment of the same shall, in case of dispute, be ascertained and determined as is otherwise provided in sections 202, 417, 469 or 509 or in the Land Acquisition Act, 1894 (Central Act I of 1894) by the district munisif 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 become payable.
(1) On any application under the provisions of section 480 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 sums ascertained in the manner described in section 481, is not paid by the partly liable within seven days after demand, such sum may be recover under a warrant of the said Court of district munisif by the 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 purpose 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 the commencement of the offence.
All offences 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 First Class Magistrate having jurisdiction in the City; and such First Class 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 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-rule or regulation made under it, shall not be paid, the magistrate any order the offender to be imprisoned in default in payment subject to all 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, accessed or recoverable by a magistrate under this Act, or any rule, by-law regulation made thereunder shall be recoverable by such magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1898 (Central Act V of 1898) 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.
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 officer or at the place of about 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 w
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, the rules, 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;
(b) compound any offence against this Act the rules, by-laws or regulations made under it which may by rules made by the Government, be declared compoundable;
(c) defend himself if sued or joined as a partly in any proceeding in respect of the conduct of elections or in respect of the electoral roll;
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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 councillor shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the municipal corporation, 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 councillor 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 provision of this Act have in substance and effect, been compiled 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 or to recover damages on ac
(1) It shall be the duty of every police officer -
(a) to communicate without delay to the proper municipal officer any information which he received of the design to commit or of the commissioner 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 person under this Act or any such municipal officer or servant or person 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 comm
(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 purposes of this Act and of the Tamil Nadu Town's 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 the 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 councillor, the commissioner or any person employed by 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 required to do by virtue, or in consequence of this Act or of any rule, by-law, regulation or order made thereunder.
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 Actor 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 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, 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 as serving in connection with the affairs of the Madurai 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.
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 Madurai Municipality as constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), with al 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 or compensation for a tax or due for expenses or compensation or otherwise due to the Madurai 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 Madurai 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, or
(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-sec
Where immediately before the date of commencement of this Act any legal proceedings are pending to which the Madurai Municipality as constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), is a party, then the Madurai corporation as constituted under this Act, shall be deemed to be substituted for the said Madurai Municipality in those proceedings.
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 the Tamil Nadu Muncipal Corporation Laws (Amendment and Special Provisions Act, 1994.
(2) The special officer appointed under sub-section (1) shall hold office [upto 31-12-1995 only for 2 Substituted by TN Act 195 [six months] from the date of 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 the 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 Clause, make such provisions not inconsistent with the provisions of this 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, before the expiry of the session in which it is so placed or the next session, the Assembly makes a
Notwithstanding anything contained in this Act or any other law for the time being in force, in regard to corporation of Madurai constituted with effect on and from the 1st May 1971, the provisions of this Act shall be read subject to the rules in Schedule VII.
(i) any reference to a municipality or a municipal council shall be deemed to include also a reference to the Municipal Corporation of Madurai constituted under this Act.
(ii) any reference to a municipal town or municipal area shall be deemed to include also a reference to the City of Madurai.
(iii) any references to the Chairman or Vice Chairman of a municipality shall be deemed to include also a reference to the Mayor or the Deputy Mayor or the commissioner, as the case may be, of the Municipal Corporation of Madurai having jurisdiction.
(1) The Madras City Municipal Corporation Ordinance, 1971 (Tamil Nadu Ordinance V of 1971), is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance including any orders passed, notifications issued, rules, regulations and appointments made shall in so far as they are not inconsistent with this Act be deemed to have been done or taken under this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.
(SEE SECTION 32)
THE COUNCIL
1. In these rules, 'member' means a councillor.
2. The council shall meet in the municipal office for 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 converted 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 atleast six clear days before the day of meeting-
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 corporation shall be open without charge to inspection by any person who pays any tax to the corporation or his authorized agent on a day or day's in each month to be fixed by the council.
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1. The purposes to which the municipal fund may be applied include all objects expressly declared obligatory or discretionary by laws or rules any in general everything necessary for or conducive to the safety, health, convenience or education of the residents of Madurai 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 public safety include the following -
(a) Lighting of the public street and the provision, purchase, exploitation and maintenance of gas, electric
Aerated waters-Manufacturing.
Ammunition-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.
Arrack-Manufacturing.
Articles made of flour-Baking, preparing, cleansing, preparing or manufacturing by any process whatever, dumping or sifting.
Ashes-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, dumping or sifting.
Beedes-(Beeedi leaves) manufacturing, storing or selling.
Beer-Brewing.
Biscuits-Baking, preparing, keeping, or storing for human consumption (for other than domestic use).
Bl
(See Section 442)
Section or rule Sub-section or clause Subject Fine which may be imposed
(1) (2) (3) (4)
35 (1) Interested councillor voting or taking part in discussion Four hundred rupees.
127 (1) and (3) Failure to give notice to transfer of title or to produce documents One hundred rupees.
128 (1) Failure to send notice to commissioner after completion of construction or reconstruction of building Do.
131 (1) Failure of owner or occupier to furnish return or rent etc. Two hundred rupees.
137 Failure of owner or occupier to comply with requisition to furnish list of persons carrying on profession art etc.
(See Sec: 442)
Section or rule Subsection or clause Subject Daily fine which may be imposed
(1) (2) (3) (4)
158 Erecting, exhibiting 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 (2) and (4) Failure to comply with requisition to make house connexion Do.
209 … Failure to maintain house
1. In these rules -
(i) "appointed date" means the 1st May 1971.
(ii) "existing Madurai Municipal council" means Madurai municipal council constituted under the old Act and in existence on appointed date.
(iii) "Madurai Municipality" means the Madurai Municipality constituted under the old Act and in existence on appointed date:
(iv) "old Act" means the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).
2. Every local area which immediately before the appointed date was constituted as the Madurai municipality under the old Act shall be deemed to be the City under this Act.
3. The number of councillors of the existing Madurai municipa
(1) Sanction estimates and plans for municipal works to be carried out within the zone costing up to rupees five lakhs, other than works taken up and executed for Madras as a whole or those covering more than one zone, provided that specific provisions exists therefore 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 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) Consider and make recommendations on the proposals regarding estimates of revenue and expenditure pertaining to the zone under different heads of account of the budg
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