CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919
(1) This Act may be called the1[Chennai] City Municipal2[Corporation] Act, 1919.
(2) Except as hereinafter expressly provided, it extends only to the City of 1[Chennai].
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1. Substituted for the word "Madras" by Tamil Nadu Act 28 of 1996.
2. Inserted by section 2 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
Section 1 of the Chennai City Municipal Corporation Act, 1919, establishes the title and scope of the Act, laying the foundation for municipal governance in Chennai. It delineates the extent of the Act's applicability and sets the legal framework for municipal administration within the city limits.
Section 1 declares that the Act shall be called the "Chennai City Municipal Corporation Act, 1919," and it applies to the city of Chennai, defining its territorial extent and jurisdiction. It provides the legal basis for the governance, administration, and regulation of municipal affairs in Chennai.
Section 1 itself does not specify any punishment. It is a definitional and foundational section. Penalties or punishments related to violations of the Act are prescribed in other sections, such as Sections 66C(2), 256, 258, etc., which deal with contraventions, illegal constructions, or non-compliance.
Note: The above commentary synthesizes legal principles from the Act and relevant judgments, emphasizing the foundational role of Section 1 in defining the territorial and legal scope of municipal governance in Chennai.
The enactments mentioned in Schedule I are repealed to the extent specified in the fourth column thereof.
In this Act, unless there is anything repugnant in the subject or context,--
1 [(1)* **].
2 [(1-A)] appoint.--"Appoint" includes to appoint temporarily or in an officiating capacity;
(2) appointment.--"Appointment" includes temporary and officiating appointments;
3 [(2-A) xxx]
(3) budget grant.-- "budget grant" means any sum entered on the expenditure side of a budget estimate which has been adopted by the council;
2 [(4) building.-- "building" includes--
(a) a house, out-house, stable, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other structure whether of
Section 3 of the Chennai City Municipal Corporation Act, 1919, primarily deals with the definitions relevant to the Act, including the scope of the term "City of Chennai" and the powers conferred on the Corporation. It forms the foundational legal framework for the functioning of the municipal corporation, delineating the territorial extent and the scope of authority.
Section 3 provides the definitions of key terms used in the Act. Notably:- Clause (1): Defines “City of Chennai” as the area declared by the State Government by notification, excluding Fort St. George and its glacis.- Clause (9): Defines “City of Chennai” explicitly, clarifying the territorial extent.- The section also includes provisions for amendments and modifications to the boundaries and the scope of the city.
Section 3 itself does not prescribe any punishment. It is a definitional section establishing scope and boundaries. Violations or contraventions related to unauthorized construction or encroachments within the defined limits are punishable under other provisions of the Act, such as Sections 258, 256, or under criminal law for unauthorized acts.
Section 3 of the Chennai City Municipal Corporation Act, 1919, is a fundamental provision that delineates the territorial scope of the municipal corporation’s authority. Its clear definition ensures legal certainty in administrative, developmental, and enforcement actions within the notified limits, and any amendments or notifications must follow prescribed procedures to maintain legality and legitimacy. Violations or encroachments within this territorial scope are punishable under the relevant provisions of the Act, making this section central to urban governance and municipal law enforcement.
Note: This commentary synthesizes the legal understanding of Section 3 based on the provided sources, emphasizing its significance in the legal framework governing Chennai’s municipal administration.
1 [4. Enumeration of authorities
(1) There shall be a corporation charged with the Municipal Government of the City of 2 [Chennai], to be known as the Municipal Corporation of 2 [Chennai].
(2) The corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
(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 ;
3 [(b) the standing committees of the council; 4 [* * *]
5 [(b
1 [5. Constitution of the council
(1) The council shall consist of one hundred and fifty-five councillors elected in the manner laid down in this Act.
(2) The following persons shall also be represented in the council, namely:--
2 [(a) [* * *]
(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 ;
3 ["(c) all the members of the Tamil Nadu Legislative Assembly representing constituencies which comprise wholly or partly the area of the Corporation."].
4 [(d) [* * *]
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1 [5A. Constitution of wards committees
(1) There shall be constituted by the State Government, by notification, such number of wards committees comprising territorial area of such number of wards as may be specified in the notification within the territorial area of the corporation.
(2) Each wards committee shall consist of--
(a) all the councillors of the corporation representing the wards within the territorial area of the wards committee.
2 [(b) XXX].
(3) The State Government may, after consultation with the corporation from time to time, by notification, alter the name, increase or diminish the area of any wards committee specified in the notification issued under sub-section (1)".]
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1 [5B. Duration of corporation
(1) The corporation, unless sooner dissolved under section 44-A, 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[***]
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1. Omitted by Tamil Nadu Act 7 of 1973.
1 [6A. Constitution of standing committees
(1) There shall be constituted by the State Government, by notification, such number of standing committees 2 [not exceeding six] as may be specified in the notification for the purpose of exercising such powers, discharging such duties or performing such functions as the council may delegate to them.
(2) The composition of standing committees and the method of appointment of Chairman and the term of office of members and chairman of standing committees shall be such as may be prescribed.]
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1. Substituted by Tamil Nadu Act 22 of 1996.
2. Substituted for "not exceeding three" by Tamil Nadu Act 3 of 1997.
1 [6B to 6F. [***]
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1. Sections 6-B to 6-F were omitted by Tamil Nadu Act 22 of 1996.
1 [6-G. Election and term of office of chairman of words committee.
(1) The chairman of the wards committee shall be elected by the councillors of the wards committee from among themselves after each ordinary election to the council in such manner as may be prescribed.
(2) The chairman of the wards committee shall hold office till the duration of the wards committee.
(3) Any casual vacancy in the office of the chairman of the wards committee shall be filled up in such manner as may be prescribed and the chairman elected in any such casual vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold the office, if the vacancy had not occurred".]
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1 [(1) Subject to the provisions of this Act and the rules made thereunder, the council may delegate such powers and duties as it deems fit to a wards committee.]
2 [(2) and (3) ***]
(4) The procedure to be adopted by the wards committee for transaction of its business shall be such as may be prescribed.
(5) The duration of the wards committee shall be co-extensive with the duration of the corporation.
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1. Substituted by the Tamil Nadu Act 22 of 1996.
2. Omitted by the Tamil Nadu Act 22 of 1996.
1 [6I.Elections to Corporation
(1)The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the corporation shall be vested 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 sorequested 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).]
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1.Inserted by Tamil Nadu Act 26 of 1994.
7.1[Commissioner and other officers
2[(1) There shall be a commissioner who shall be appointed by the State Government.
(2) The State Government may appoint such other officers to assist the commissioner as may be necessary.]
(3)3[The commissioner and other officers appointed by the State Government] shall be wholetime officers of the corporation and shall not undertake any work unconnected with their offices without the sanction of the council and the State Government.
(4) The State Government may recover from the corporation the whole of the salary and allowances paid to4[the commissioner and other officers appointed by them] and such contribution towards their leave allowances, pension and provident fund as the State Government may, by general o
1 [8. Withdrawal of commissioner from office
The State 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 three-fourths of the sanctioned strength of the council.]
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1. Substituted by Tamil Nadu Act 15 of 1965.
1 [9. Powers of commissioner and 2 [other officers]
3 [(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 by or under this Act, the executive power for the purpose of carrying out the provisions of this Act shall be vested in the commissioner who shall exercise all the powers, discharge all the duties and perform all the functions specifically conferred or imposed on or entrusted to him, under this Act.]
(2) Subject to the provisions of sub-section (1), the commissioner and 4 [the other officers appointed by the State Government] shall also perform all the duties and exercise all the powers, specifically imposed or conferred on him or
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,1[the standing committee 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.
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1. Substituted for "all the committees constituted under this Act", by the Tamil Nadu Act 22 of 1971.
The commissioner may, in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of one of the other municipal authorities 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 therefor to such other authority.
1 [12. ***]
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1. Omitted by Tamil Nadu Act 54 of 1961.
1 [13. Salary of commissioner and other officers
The commissioner and other officers appointed by the State Government shall be paid out of the municipal fund such salary and allowances as may, from time to time, be fixed by the State Government.]
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1. Substituted by the Tamil Nadu Act 26 of 1992.
1 [14. ***]
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1. Omitted the words "section 14 relating to grant of leave to commissioner, assistant commissioner or personal assistant to the commissioner" by Tamil Nadu Act 15 of 1965.
1 [15. Service regulations of commissioner 2 [and other officers]
If the commissioner 3 [or other officer appointed under section 7] 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.
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1. Substituted by section 10 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
2. Substituted for "Assistant Commissioner or personal assistant to the commissioner" by section 5 of the Tamil Nadu Act 26 of 1992.
3. Substituted for "or an Assistant Co
1 [The commissioner may delegate 2 [to any other officer appointed under sub-section (2) of section 7] or the holder of any municipal office] any of his ordinary powers, duties or functions except those conferred or imposed upon, or vested in him by the following provisions, namely:-- Section 25 (3), 3 [55-A], 4 [56-A], 57, 5 [...], 6 [...], 74, 75, 154, 7 [...], 183, 195, 217, 218, 256, 265, 271, 275, 282, 283, 284, 287, 288, 289, 2 [...], 292, 293, 299, 306, 308, 309, 319, 323, 324, 335, 380, 2 [...], 398, 8 [...], Schedule V, rules 13 and 14 :
Provided that--
(a) such delegation shall be in writing and shall specify the name or official designation of the person to whom the delegation is made ;
9 [(b)[* * *]
9 [(c)[* * *]
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1 [16A. ***]
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1. Omitted by section 8(2) of the Tamil Nadu Act 26 of 1992.
The exercise1[by an officer appointed under sub-section (2) of section 7] or other municipal officer], of any powers, duties or functions delegated to him under section 16 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.
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1. Substituted for "by an Assistant Commissioner or the personal assistant to commissioner" by section 8 (1) of the Tamil Nadu Act 26 of 1992.
1 [18. Delegation of commissioners extraordinary powers
The commissioner may, on his own responsibility and by an order in writing, authorize 2 [any other officer appointed under sub-section 2 of section 7] or any class I-A or class I-B officer or any person in temporary charge of the duties of any class I-A or class I-B officer to exercise the extraordinary powers conferred on him by section 11.]
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1. Substituted by section 14 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
2. Substituted for "an Assistant Commissioner" by section 9 of the Tamil Nadu Act 26 of 1992.
19 to 20.1[Omitted]
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1. Omitted by Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
1 [21. Construction of references to standing committee
Wherever in this Act the expression "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 references to the particular standing committee to which the power or duty conferred or imposed by such law is assigned by this Act or by regulations made by the council.]
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1. Substituted by the Tamil Nadu Act 22 of 1971.
( 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 of1[a standing committee],2[such standing committee] may, by resolution in writing, authorize him to take action in anticipation of its approval, sanction, consent or concurrence, subject to such conditions (if any), 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 of1[a standing committee], he shall forthwith inform2[such standing committee] of the fact.
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1. Substituted for "the central committee, the circle committee, the corporation accounts committee or the contracts co
(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 to1[standing committee] or the commissioner.
(2) If any doubt arises as to the municipal authority to which any particular function pertains, the2[Mayor] shall refer the matter to the3[State Government] whose decision 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.
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1. Substituted for "a committee const
24 . Obligations laid on remaining municipal authorities to carry out resolutions1[or orders] of council
The2[standing committee] and the commissioner shall be bound to give effect to every resolution1[or order] of the council unless such resolution1[or order] is cancelled in whole or in part by the3[State] Government :
4[Provided that, 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 of any order passed by the State Government, or if there would be any miscarriage of justice in the implementation of such resolution or order, he shall, within a period of thirty days from the date of passing of the resolution or order or s
(1) Any Councillor1[***] 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 councillor1[***] shall have the right to interpellate the2[Mayor] on matters connected with the municipal administration subject to such regulations as may be framed by the once council.
(3) Every councillor1[***] 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 councillor1[* * *] may appeal against such order to the2[Mayor] whose decision shall be final.
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1 [25A. Mayor, Deputy Mayor or councillor not to receive remuneration
Neither the Mayor nor the Deputy Mayor, nor any councillor 2 [* * *] 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 :
3 [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 rate as may be determined by rules made by the State Government in this behalf]
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1. Inserted by section 13 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[25B . Mayor, Deputy Mayor or Councillor to obtain permission to undertake trip to foreign country
No person holding the office of Mayor, Deputy Mayor or Councillor shall undertake any trip to any foreign country in his official capacity as such, except with the permission in writing of the State Government.
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1. Inserted by Tamil Nadu Act 31 of 2002.
(1) The council1[or a standing committee] may at any time require the commissioner--
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as commissioner ;
(b) to furnish any return, plan, estimate, statement, account or statistics connected with the municipal administration ;
(c) to furnish a report by himself or to obtain from any head of department subordinate to him and furnish, with his own remarks thereon, a report upon any subject, connected with the municipal administration.
(2) The commissioner shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interest of the corporation or of the public, in which case, he sha
The Council may at any time call for an extract from1[the proceedings of a standing committee or a wards committee] or of any 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 be1[complied with by the standing committee or the wards committee] or other committee, as the case may be.
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1. Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).
1[27A. Appointment of joint committee
(1) The council may, and if so required by the2[State 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 responsible.
(2) A joint committee may include persons who are not members of the local authorities concerned but who may in their opinion possess special qualifications or special interest for serving on such committee :
Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee.
(3) The constitution of a joint committee shall be by means of regulations which shall not, except in the cases ref
1[27B . Metropolitan Planning Committee
(1) There shall be constituted a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2) The State Government may, by rules, provide for --
(a) the composition of the Metropolitan Planning Committee ;
(b) the manner in which the seats in such Committee shall be filled ;
(c) the representation in such Committees of the Government of India and the State Government and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committee ;
(d) the functions relating to planning and co-ordination for the Metropolitan ar
1[28. Election of Mayor
(1) (a) The Mayor shall be elected by the persons whose names appear in the voters list for the divisions from among themselves in accordance with such procedure as may be prescribed ;
(b) If at an ordinary or casual election, no Mayor is elected, a fresh election shall be held :
Provided that a person who stands for election as Mayor shall not be eligible to stand for election as a councillor :
Provided further that a person who stands for election as a councillor shall not be eligible to stand for election as a Mayor :
Provided also that no councillor shall be eligible to stand for election as Mayor.
(2) The election of the Mayor may
1[29. Election of Deputy Mayor
(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.
2[(3) The Deputy Mayor shall hold office for a period of five years from the date of his election and he shall continue as such Deputy Mayor, provided that in the meantime he does not ceases to be a councillor.
(4) Any casual vacancy in the office of the Deputy Mayor shall be filled by a fresh election held in accordance with such procedure as may be prescribed and a person elected as Deputy Mayor if any such vacancy shall enter upon office forthwith
1[30. Mayor and Deputy Mayor ineligible for re-election
An outgoing Mayor or Deputy Mayor shall not be eligible for re-election as Mayor or Deputy Mayor, as the case may be, during the period upto the next ordinary election and in case of extension of term of office of the councillors by any law for the time being in force, during the remainder of the period of such extension].
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1. Substituted by the Tamil Nadu Act 2 of 1975.
1 [31. Rules and regulations for proceedings of council and committees
The council 2 [and the standing committee] shall observe the procedure laid down in Schedule II and may make supplementary regulations, not inconsistent therewith, or with other provisions of this Act or any rules made by the 3 [State], Government for the conduct of their respective proceedings and also for the maintenance of order at their meetings.
Explanation.--Any supplementary regulation made under this section shall, if it is inconsistent with the provisions of any rule made subsequently, become void to the extent of such inconsistency.]
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1. Substituted for original section 31 by section 18 of Tamil Nadu Act X of 1936.
1 [(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, 2 [the councillors and the persons referred to in 3 [clauses (b) and (c)] of sub-section (2) of section 5 shall elect one from among the councillors to preside for the occasion.]
(2) Every meeting of 2 [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 4 [Mayor], 5 [the Deputy Mayor] or the chairman, as the case may be shall preserve order and shall decide all points of order and procedure arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the 4 [Mayor], 5 [Deputy Mayor] or chairman t
1[33. Commissioner when to attend me etings
(1) The commissioner shall have the right to attend the meetings of the council and of2[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 shall attend any meeting of the council or2[of a standing committee, wards committee or] any 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.]
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1. Substituted by the Tamil Nadu Act 22 of 1971.
2. Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Spe
(1) 1 [No councillor or persons referred to in 2 [clauses (6) and (c)] of sub-section (2) of section 5] 3 [***] shall vote on or take part in the discussion of any question coming up for consideration at a meeting of the council or of any standing committee 4 [or wards committee] or any 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 5 [Mayor] or chairman may prohibit any 6 [councillor or persons referred to in 7 [clauses (b) and (c)] of sub-section (2) of section 5] 3 [* * *] from voting on or taking part in the discussion of any matter in which the 4 [councillor or persons referred to in 7 [clauses (b) and (c)] of sub-section (2) of section 5] is believed to have such interest, or he may require the 6 [councillor or persons referred to in 7 [clauses (b)
1[35. Resignations
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 or chairman of a standing committee or other committee2[or any member or chairman of a wards committee] may resign his office by giving notice in writing to the Mayor. Such resignation shall take effect, in the case of the Mayor from the date on which it is placed before the council, and in any other case, from the date on which it is received by the Mayor.]
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1. Substituted by Tamil Nadu Act 22 of 1971.
2. Inserted by Tamil Nadu Act 26 of 1994.
(1) No act done, or proceeding taken under this Act shall be questioned merely on the ground--
(a) of any vacancy or defect in the constitution of the council, or of any1[standing committee or wards committee] or other committee ; or
(b) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.
(2) Every meeting of the council, or of a1[standing committee or wards committee] or other committee the minutes of the proceedings at which have been signed as laid down in Schedule II2[or the rules made under this Act] shall be deemed to have been duly convened and to be free from all defect and irregularity.
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1. Substituted by Tamil Nadu Act 26 of 1994.<
1[37. Mayor may obtain report
The Mayor may obtain report from the Commissioner on any matter connected with the administration of the Corporation.]
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1. Substituted by Tamil Nadu Act 10 of 2002.
1[37A. Omitted]
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1. Omitted by Tamil Nadu Act 10 of 2002.
1[38. Mayor to be me mber of all committees
(1) The Mayor shall be a ex-officio member of2[every standing committee, wards committee] and of every other committee constituted under the Act except the Taxation Appeals Committee, but shall not be eligible to be elected as the chairman of any standing committee2[or wards committee].
(2) If the Mayor is at the time of his election the chairman or an elected member of3[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[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
1THE DEPUTY MAYOR
1[38-A. Functions of Deputy Mayor
(1) When the office of Mayor is vacant, his functions shall devolve on the Deputy Mayor 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 Mayor returns to the city or recovers from his incapacity, as the case may be.
(3) The Mayor may, by an order in writing, delegate any of his function to the Deputy Mayor.]
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1. Inserted by Tamil Nadu Act X of 1936.
ADMINISTRATION REPORT
39 . Submission of administration report to1 [State Government]
(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 the1[State Government], the corporation shall submit to the1[State Government], a detailed report of the administration during the preceding year in such form as the1[State Government] may direct.
(2) The commissioner shall prepare such report and the council shall consider the report and forward the same to the1[State Government] with their resolutions thereon, if any.
(3) Copies of the administration report shall be kept for sale at the municipal office.
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40.1[State Governments] power to call for records
The1[State 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.
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1. Substituted for the word "Provincial Government" by the Adaptation Order of 1950.
41 .1[State Governments] power to cause inspection to be made
The1[State 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 this purposes of such inspection or examination, exercise all the powers conferred by section 40.
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1. Substituted for the word "Provincial Government" by the Adaptation Order of 1950.
42 .1 [State Governments] power to direct the taking of action
If, on receipt of any information or report obtained under section 40 or 41, the1[State Government]2[are of opinion]--
(a) that any duty imposed on any municipal authority by or under this 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 of any such duty,
the1[State Government] may, by an order, direct the council or the commissioner within a period to be specified in the order to make3[arrangements to their satisfaction] for the proper performance of the duty, or to make financial4[provision to their satisfaction] for the performance of the duty, as the case
43 .1[State Governments] power to appoint a person to take action in default at the expense of corporation
(1) If, within the period fixed by an order issued under section 42, any action directed under that section has not been duly taken, the1[State Government] may by order--
(a) appoint some person to take the action so directed,
(b) fix the remuneration to be paid to him, 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 Part III of this Act shall be levied or increased, but not so as to exceed any maximum prescribed by that part.
(2) For the purpose of taking the action
1[43A. State Governments power to remove Mayor, Deputy Mayor or councillor convicted under section 358-A
(1) Notwithstanding anything contained in this Act, the State Government may, by notification, remove any Mayor, Deputy Mayor or councillor who is convicted twice of an offence punishable under section 358-A.
(2) The State Government shall, when they propose to take action under subsection (1), give the Mayor, Deputy Mayor or councillor concerned an opportunity to explain and the notification issued under the said sub-section shall contain a statement of the reasons of the State Government for the action taken.
(3) Any person removed under sub-section (1) from the office of Mayor, Deputy Mayor or councillor, as the case may be, shall not be eligible for election to the said office until th
1[44. Power to suspend or cancel resolution etc., under this Act
(1 ) The Mayor shall submit to the State Government copies of all important resolutions of the council and of2[the standing committees, wards committees] or other committees and all by-laws of the council.
(2) The State Government may at any time by order in writing--
(i) suspend or cancel in whole or in part any resolution passed ;
(ii) suspend or cancel any order issued or licence or permission granted ; or
(iii) prohibit the doing of any act which is about to be done or is being done, in pursuance of or under colour of this Act, if, in their opinion--
(a) such resolution, order, licence, permis
1 [44A. State Governments power to dissolve 2 [* * *] the corporation
3 [(1) If, in the opinion of the State Government, the corporation is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abused its powers, the State Government may, by notification,--
(a) dissolve the corporation from a specified date ; and
(b) direct that the corporation be reconstituted with effect from a date which shall not be later than six months from the date of dissolution.
(1-A) An election to reconstitute the corporation shall be completed before the expiration of a period of six months from the date of its dissolution.]
(2) Before publishing a notification under
1[44AA. Delegation of power by the State Government
The State Government may, by notification, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable by the corporation or any of its officers or by the commissioner or any other authority.]
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1. Inserted by Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).
44B .1[ *** ]
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1. Omitted by Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).
1 [45. 2 [One hundred and fifty-five divisions]
3 [(1) 4 [* * *] 5 [For the purposes of the election of the 6 [one hundred and fifty-five] 4 [* * *] councillors referred to in 4 [x x x] sub-section (1) of section 5, the city shall be divided into 6 [(one hundred and fifty-five)] territorial divisions] the boundaries of which shall be fixed by the 7 [State Government] by notification.
(2) The 7 [State Government] may after consulting the council, by notification, alter the boundaries of any such division.
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1. Substituted for original sections 45 to 49 by section 27 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936) and of these sections 46-B, 47, 48, 49 and 49-A have further substituted by section
1[45A. Construction of references to Divisions
In this Act, wherever the expression "Division" or "Divisions" and "territorial Divisions" occur, it shall be deemed to refer to "Ward" or "Wards" respectively].
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1. Inserted by Tamil Nadu Act 22 of 1996.
1[46. Number of councillors for each division
Only one councillor shall be elected for each division.]
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1. Substituted by section 11 of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
1[46 A. Mode of election
All the voters in a division, irrespective of their sex or the community to which they belong, shall be entitled to vote at an election2[to the seat in that division].
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1. Substituted by section 6 of the Chennai City Municipal (2nd Amendment) Act, 1947 (Tamil Nadu Act VI of 1947).
2. Substituted for the words, "to any seat in that division, whether reserved or not" by section 12 of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
1[46B. [***]
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1. Omitted by section 13 of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
1[47. Electoral rolls for divisional seats and qualification for inclusion therein
2[(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--
&n
1[48 . Publication of electoral rolls, etc
2(1)3[Any officer of the State Government or the corporation authorized in this behalf by the State Election Commission, in consultation with the State Government] shall, for the purposes of this Act, prepare and publish in such manner and at such times as the State Government may direct, the electoral roll for each of the4[one hundred and fifty-five] divisions referred to in section 45 or the alterations to such roll, as the case may be.
5[Explanation.--The power conferred by this sub-section on the person, so authorised shall include the power to omit, in the manner and at the times from the electoral roll for any such division published under this sub-section, the name of any person who is dead or who incurs any of the disqualifications specified in sub-section (2) of section 476[or who is di
1[48A. Jurisdiction of civil courts barred
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 territorial divisions referred to in section 45; or
(b) to question the legality of any action taken by any authority under section 47 or section 48.
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1. Inserted by Tamil Nadu Act 32 of 1980.
If any person makes in connection with--
(a) the preparation, revision or correction of an electoral roll for the territorial division, or
(b) the inclusion or exclusion of any entry in or from an electoral roll for the territorial division,
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|49.***]
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1. Omitted by section 16 of Tamil Nadu Act XXIV of 1958.
1[50. Disqualification of voters
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 71 shall be qualified to vote so long as the disqualification subsists.]
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1. Substituted by Tamil Nadu Act 32 of 1980.
1[50. Disqualification of voters
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 71 shall be qualified to vote so long as the disqualification subsists.]
1. Substituted by Tamil Nadu Act 32 of 1980.
1[51A. Powers of State Election Commission
(1) Where in connection with the tendering of any opinion to the Governor under sub-section (3) of section 51, 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
No Statement made by a person in the course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the Statement--
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject matter of the inquiry.
The State Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sitting and deciding whether to sit in public or in private).
No suit, prosecution or other legal proceedings shall lie against the State Election Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 51-A to 51-C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.]
(1) A person who has been sentenced by a criminal court to transportation or to imprisonment for a period of mor e than six months 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 2 [* * *] as a councillor 3 [* * *] 4 [while the sentence is in force and for six years from the date of the expiration of the sentence.]
5 [(1-A) A person convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII shall be disqualified for election 6 [* * *] as a councillor for a period of 7 [six years] from the date of such conviction.]
(2) 8 [A person shall be disqualified for election as a councillor if such person is at the date of nomination or election--<
Notwithstanding anything contained in this Act, no person shall be qualified for being elected as, and for being, a Mayor, Deputy Mayor or councilor if he is a member of the Legislative Assembly or a member of either House of Parliament].
1. Inserted by Tamil Nadu Act 29 of 2002.
1[(1) Subject to the provisions of Section 54,2[a councillor or a person referred to in3[clauses (b) or (c)] of sub-section (2) of section 5]4[* * *] 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 52;
5[(aa) is convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955);]
(b) becomes a unsound mind, a deaf-mute, or a leper;
(c) applies to be adjudicated or is a adjudicated a bankrupt or insolvent;
(d) subject to the proviso to clause (c) of sub-section (2) of section 52, acquires any interest directly or indirectly, by himself or his partn
1[53-A. Oath or affirmation
(1) Every councillor2[* * *], 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 been3[elected as a councillor of] this council do swear in the name of God I solemnly affirm that
I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.
(2) If a person sits or votes as a councillor4[***] before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he sits or votes, as the case may be, to a penalty
(1) Whenever it is alleged that any person who has been elected1[* * *] as a councillor2[* * *] is disqualified under3[* * *] section 534[or section 53-A] and such person does not admit the allegation or whenever any councillor5[* * *] is himself in doubt whether or not he has become disqualified for office, such councillors5[* * *] or any other councillor5[* * *] may, and the commissioner, at the request of the council,6[or on a direction from the7[(State Government)] shall apply to the Chief Judge of the Small Cause Court.
(2) The said Chief Judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified under3[* * *] section 538[or section 53-A] and his decision shall be final.
9[(3) Until an application has been made under sub-section (1) and a decision thereon has been obtained, suc
(1) No election of Mayor or a councillor shall be called in question except by an election petition presented to the Principal Judge, City Civil Court,1[Chennai], within2[forty-five days] from the date of the publication of the result of the election under section 53.
(2) An election petition calling in question any election may be presented on one or more of the grounds specified in section 54-B by any candidate at such election, by any elector of the division 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 facts on which the petitioner relies;
(b
1[54B. Grounds for declaring elections to be void
(1) Subject to the provisions of sub-section (2), if the Principal Judge, City Civil Court is of opinion--
(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as2[Mayor or 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 a 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
1[Corrupt practices
The following shall be deemed to be corrupt practices for the purposes of this Act:--
(1) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act XLIII of 1951).
(2) Undue influence as defined in clause (2) of the said section.
(3) The systematic appeal by a candidate or his agent or by any other person to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols, or the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidates election.
(4) The publication by a candidate or his agent or
General Rules for Election1[***]
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1. Omitted for "and Co- option" by Tamil Nadu Act 27 of 1990.
1[55.] Term of office of councillors
2[The term of office of councillors shall, save as otherwise expressly provided in this Act, be five years beginning and expiring at noon on such date as3[the State Election Commission, in consultation with the State Government, may,] by notification, appoint in that behalf]
4[* * *]
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1. Original sub-section (1) of section 55 was renumbered as section 55 by section 33(i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted by Tamil Nadu Act 10 of 1968.
3. Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil
1[ 55A. Election of councillors
( 1)2[(a) 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 State 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,2[subject to the approval of the State Election Commission, be fixed by the State 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
1 [55B. Special Officer to make arrangements for elections
(1) Notwithstanding anything contained in clause (a) of sub-section (1) of section 55-A, 2 [the Officer, or authority referred to in section 44-AA 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 3 [within a period of 4 [eight years and six months, from the 5 [31st day of May 1994.]:
Provided that the State Government may, by notification, extend the said period for a further period not exceeding six months:
6 [Provided further than the State Government may, by notification, for sufficient cause direct that the period specified in sub-section (1) shall be reduced by such period not exceeding 7 [six months], as
1 [56. Omitted]
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1. Omitted by Tamil Nadu Act 26 of 1994.
1 [56A. Omitted]
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1. Omitted by Tamil Nadu Act 26 of 1994.
1 [56B. Omitted]
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1. Omitted by section 23 of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
1 [56C. Omitted]
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1. Omitted by section 23 of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
1[ 57. Election of same person for more than one division
( 1) If any person has been elected for two or more divisions, he shall, within three days from the date of the last of such elections, intimate to the commissioner, the division for which he chooses to serve.
( 2) In default of such intimation, the commissioner shall determine by lot and notify the division for which such person shall serve.
( 3) The said person shall be deemed to have been elected only for the division so chosen or so notified, as the case may be, and the vacancies thereby arising in the representation of the other division shall be filled by fresh elections.]
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1. Substituted by section 24 of the Chennai Cit
1 [58. Notification of elections 2 [* * *]
All elections of the 3 [Mayor and Deputy Mayor] and all elections 2 [* * *] of councillors shall be notified in the 4 [Official Gazette].
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1. Substituted by section 37 of the Chennai City Municipal (Amendment.) Act, 1936 (Tamil Nadu Act X of 1936).
2. Omitted by Tamil Nadu Act 26 of 1994.
3. Substituted for the words "Deputy Mayor and alderman" by section 25 of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
4. Substituted for the words "Fort St. George Gazette", by the Adaptation Order of 1937.
1 [(1) The State 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--
2 [(a) * * *];
3 [(b) provide for the adjudication by the Principal Judge, City Civil Court, 4 [Chennai] of disputes arising out of elections, and;]
(c) provide for all matters not expressly provided for in this Act relating to the election of the Mayor, the Deputy Mayor 5 [or councillors] including deposit to be made by candidates standing for election as councillors and the 6 [conditions under which such deposits may be forfeited and the maximum amount of expenditure which may be incurred by the candidates standing for electio
1 [59A. Voting machine at elections
Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of the corporation as the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation.--For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.]
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&nb
1 [60 to 61. Omitted].
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1. Omitted by section 39 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [60 to 61. Omitted].
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1. Omitted by section 39 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [62 to 65. Omitted].
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1. Omitted by section 39 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[Every officer, clerk, agent or other person performing any duty in connection with the recording or counting of votes at an election] who, except for some purpose authorised 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 of either description which may extend to six months or with fine or with both.
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1. Substituted by section 8 of the Tamil Nadu City Municipal Corporation and District Municipalities (Amendment) Act, 1962 (Tamil Nadu Act X of 1962) which came into force on the 17th September, 1962.
1 [66A. Minimum penalty for personation at an election
Notwithstanding anything contained in section 171-F of the Indian Penal Code (Central Act XLV of 1860), any person who is 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.
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1. Inserted by section 9 of the Tamil Nadu City Municipal Corporation and District Municipalities (Amendment) Act, 1962 (Tamil Nadu Act X of 1962) which came into force on the 17th September, 1962.
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
(1) No person shall convene, hold or attend any public meeting in any division within twenty-four hours before the date of commencement of the poll or on the date or dates on which a poll is taken for an election in that division.
(2) Any person who contravenes the provisions 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 together, shall be punishable with fine which may extend to two hundred and fifty rupees.
(2) This section applies to any public meeting of a political character held in any division between the earliest date for making nomination of candidates for an election and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the pol
(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 the document, one copy of the declaration is sent by the printer together with one copy of the document to the commissioner.
(3) For the purposes of this section,--
(a) an
(1) No person who is a returning officer, or an assistant returning officer, or a presiding or polling officer, at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour--
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(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 yards 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 extend to t
(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 wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be puni
(1) Any person who during the hours fixed for the poll at any polling station misconducts 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 authorized in this behalf by such polling officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that polling station.
(3) If any person who has been so removed from a 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 electors at their joint costs for the purpose of conveying him or them to or from the polling station, if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power; and
(b) the use of any public transport or 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 stat
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal 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, polling 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.
(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 paper from any person or be in possession of 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, t
No court shall take cognizance of any offence punishable under section 66-F or under section 66-K or under clause (a) of sub-section (2) of section 66-M except on complaint in writing made by order of, or under authority from, the State Government.]
1[ 67 to 70. Omitted]
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1. Omitted by section 39 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [71. Order of disqualification
Every person convicted of an offence punishable 2 [under sections 66, 66-A, 66-B, 66-C, 66-D, 66-E, 66-F, 66-G, 66-H, 66-I, 66-J, 66-K, 66-L or 66-M 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 to which this Act applies 3 [* * *] or from holding the office of councillor 4 [* * *] for a period of five years from the date of his conviction.
5 [* * *]
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1. Substituted for original section 71 by section 40 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted for the words and figures "under section 66" by section 1
1 [Requisitioning of Property for election purposes
_______________________
1.The heading and sections 1962 (Tamil Nadu Act X of
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 [78. Power of municipal authorities to sanction estimates
The powers of the different municipal authorities to sanction estimates shall be as follows:--
(a) when the amount of estimate does not exceed one lakh of rupees, the sanction of the concerned wards committee shall be required;
(b) when the amount of estimate exceeds one lakh of rupees but does not exceed ten lakhs of rupees, the sanction of the commissioner shall be required;
(c) when the amount of estimate exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees, the sanction of the concerned standing committee (other than the standing committee on taxation and finance) shall be required;
(d) when the amount of estimate exceeds f
(1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds ten lakhs 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 concerned standing committee (other than the standing committee on taxation and finance), if the entire estimated cost exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees;
(ii) before the standing committee on taxation and finance, if the entire estimated cost exceeds fifteen lakhs of rupees but does not exceed twenty lakhs of rupees;
(iii) before the council, if the entire estimated cost exceeds twenty lakhs of rupees;
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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.
1 [(2) Every contract on behalf of the corporation shall be made by the commissioner subject to the following provisions, namely:--
(a) no contract the estimated cost of which does not exceed one lakh of rupees shall be made by the commissioner unless it has been sanctioned by the concerned wards committee;
(b) any contract the estimated cost of which exceeds one lakh of rupees but does not exceed thirty-five lakhs of rupees may be made by the commissioner;
(c) no contract the estimated cost of which exceeds thirty-five lakhs of rupees but does not exceed forty lakhs of rupees shall be made by t
(1) Every contract entered into by the commissioner on behalf of the corporation shall be entered into in such manner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or discharged:
Provided that--
(a) the common seal of the corporation shall be affixed to every contract which, if made between private persons, would 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 1 [two 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,
1 [82. Invitation of tenders
(1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding ten thousand rupees the commissioner shall give notice by advertisement inviting tenders for such contract.
(2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice given under sub-section (1) may, subject to the provision of section 80 and the rules made thereunder, accept the tender after following the procedure as may be prescribed.]
2 [(3) (a) Where the amount of any contract exceeds fifty thousand rupees but does not exceed one lakh of rupees, the commissioner, on receipt of the tenders in respect of such contract made in pursuance of the noti
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 80, section 81 or section 82 merely by reason of the fact that the pecuniary limits therein laid down are eventually exceeded.
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 [85. CORPORATION ESTABLISHMENT-
(1) 2 [In addition to the other officers appointed under sub-section (2) of section 7,] the corporation establishment shall consist of the following classes of officers, namely:--
Class I-AA health officer, an engineer, an electrical engineer, a waterworks engineer, a drainage engineer, a revenue officer, a chief accounts officer and an educational officer.
Class I-BOfficers, who in the opinion of the council are of a status equivalent to the status of Class I-A officers appointed to serve under the corporation.
Class II Assistants to Class I-A and Class I-B officers.
Class III- All other persons (not being persons holding post in a service classified by the council as a
(1) Save as otherwise provided in this Act, the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the corporation establishment shall be regulated--
(i) in the case of Class I-A, Class I-B and Class II officers, by rules made by the State Government in this behalf;
(ii) in the case of the employees included in Class III and Class IV, by by-laws made by the council under section 349:
Provided that any 1 [......], Class I-B or Class II Officer may be removed from office by the State Government:
Provided further that--
(i) the amount of any salary, leave and leave allowances, 2 [allowances for house-rent, carriage hire, travelling allowances or an
( 1 ) If a vacancy occurs in any office included in1[* * *] Class I- B or Class II, or any new office in Class I- B or Class II is created, the council shall, within three months, appoint any qualified and suitable person to hold such office.
( 2) If the State Government refused 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 subsection ( 1) or sub-section ( 2), as the case may be, the State Government may appoint a person who in their opinion, is qualified and suitable to hold the office and such person shall be deemed to have been appointed by the council.
( 4) Pending an appointment under sub-secti
(1) If any 1 [* * *], Class I-B 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 toward his leave allowances, pensions and provident funds as may be required to be made by him or on his behalf under the rules and regulations of the branch of the Government service to which he belongs.
(2) If any such officer is not a civil or military officer in the service of the Government, his leave and lea
In the event of the occurrence of any unusual mortality or the prevalence or apprehended outbreak of any dangerous disease within the city, the State 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 fund:
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 mensum on account thereof.
( 1) The commissioner shall lay before the1[standing committee on taxation and finance] a schedule setting forth the designations and grades of the officers (other than Class I-A Officers) and servants who should in his opinion constitute the corporation establishment, and embodying his proposals with regard to the salaries, fees and allowances payable to them:
Provided that nothing contained in the schedule or proposals aforesaid shall be inconsistent with the rules or by-laws referred to in sub-section ( 1) of section 86.
( 2) The1[standing committee on taxation and finance] 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.
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Subject to the provisions of this Act and to the rules, by-laws and regulations for the time being in force, the commissioner shall prescribe the duties of the corporation establishment and exercise supervision and control over their acts and proceedings.
Leave may be granted to the officers and servants of the corporation other than the officers appointed under sub-section (2) of section 7 and Class I-A officers by the Commissioner.
93. 1 [Omitted]
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1. Omitted by Tamil Nadu Act 25 of 1972.
94. 1 [Repealed]
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1. Repealed by Tamil Nadu Act 10 of 1968.
95. 1 [Repealed]
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1. Repealed by Tamil Nadu Act 10 of 1968.
( 1) Notwithstanding anything contained in this Act, the State Government may, by notification, constitute any class of officer or servants of the corporation into a1[civil service for State of2[Tamil Nadu].]
Upon the issue of a notification under sub-section ( 1), the State Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of services, pay and allowances and discipline and conduct of the3[civil service] thereby constituted and such rules may vest jurisdiction in relation to such service in the State Government or in such other authority or authorities as may be specified therein.
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1 . Substituted for "corporation establishment" by Tamil Nadu Act 10 of 1968.
2 . Substit
1 [97. Power of State Government to transfer officers and servants of the corporations or municipalities
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government shall have power--
(a) to transfer any officer or servant of the corporation to the service of the Municipal Corporation of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) 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 Madurai constituted under the Madurai City Mun
The 1 [council] may levy--
(a) a property tax,
(b) a tax on companies,
(c) a profession tax,
(d) a tax on carriages and animals,
(e) a tax on carts,
(f) a tax on timber brought into the city,
2 [and may, with the previous sanction of the 3 [State Government] 4 [.....] levy,
5 [h] a duty on certain transfers of property in the shape of an additional stamp duty:
6 [Provided that the tax on companies shall only be leviable if it was being levied immediately before the commencement of 7 [the Constitution] and shall only be leviable
1 [98-A. Powers of control of State Government.--
(1) Before the council passes any resolution imposing a tax or duty for the first time, it shall direct the commissioner to publish a notice in the 2 [Official Gazette] and in the local newspapers of its intention and fix a reasonable period not being less than one month from the date of publication of such notice in the 2 [Official Gazette] for submission of objections. The council may, after considering the objections, if any, received within the period specified, determine by resolution to levy the tax or duty. Such resolution shall specify the rate at which, the date from which and the period of levy, if any, for which such tax or duty shall be levied.
(2) When the council shall have determined to levy any tax or duty for the first time or at a new rate, the commissioner shall forthw
1 [(1) If the council by a resolution determines that a property tax shall be levied, such tax shall be levied on all buildings and lands within the city save those exempted by under this Act or any other law. The property tax may comprise--
(a) a tax for general purposes;
(b) a 2 [* * *] drainage tax for the purpose of defraying the expenses connected with the 2 [* * *] drainage system of the city;
(c) a lighting tax for the purpose of defraying the expenses connected with the lighting of the city:
Provided that where the 2 [* * *] drainage tax is levied the council shall declare what proportion of the tax is levied in respect of 2 [* * *] drainage works and the proportion so declared shall also be specified in the notice published under sub-sectio
(1) Every building shall be assessed together with its site and other adjacent premises occupied as appurtenances 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 1 [at the time of assessment] reasonably be expected to let from month to month or from year to year 2 [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, a part from their sites and the adjacent lands occupied as an appurtenance thereto] and the said deduction shall be in lieu of all allowance for repairs or on any other account whatever:
Provided that--
3 [(a) in the case of--
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The following buildings and lands shall be exempt from the property tax:--
(a) 1 [places] set apart for public worship and either actually so used or used for no other purposes;
2 [(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) places used for the charitable purpose of sheltering the destitute or animals and orphanages, homes and schools for the deaf and dumb, asylum for the aged and fallen women and such similar institutions run purely on philanthropic lines as are approved by the council;
(d) such ancient monuments protected under the Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904), or parts thereof as are
1 [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 principle of classifications (as that a certain sum which shall be tax free shall be deducted from the assessment to each building or land or that the progression shall be from a certain percentage in the lowest to a certain percentage in the highest class) and the precise number and limits of each class:]
Provided that--
(a) the council may, with the sanction of the 2 [State Government], exempt any local area from the whole or a portion of 3 [* * *] drainage tax or of the lighting tax on the gro
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.
1 [104. Property tax when payable
The property shall be levied every half-year and shall, save as otherwise expressly provided in Schedule IV, be paid by the owner of the assessed premises within fifteen days after commencement of the half year.]
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1. Substituted for original section 104 by section 58 of Tamil Nadu Act X of 1936.
1 [105. Vacancy remission
(1) When any building whether ordinarily let or occupied by the owner himself has been vacant and unlet for thirty or more consecutive days in any half-year, the commissioner shall remit so much, not exceeding one-half of such portion of the tax as relates to the building only as is proportionate to the number of days during which the building was vacant and unlet in the half-year.
(2) Every claim for remission under sub-section (1) shall be made during the half-year in respect of which the remission is sought or in the following half-year and not afterwards.
(3) (a) No claim for such remission shall be entertained unless the owner of the building or his agent has previously thereto delivered a notice to the commissioner--
(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 effected, give notice of such transfer to the commissioner.
(2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred as heir or otherwise shall give notice of such transfer to the commissioner within one year from the death of the deceased.
(3) The notice to be given under this section shall be in such from as the commissioner may direct and the tr
1 [107. Owners obligation to give notice of construction or reconstruction or demolition of building
(1) (a) If any building in the city is constructed or re-constructed, the owner shall give notice thereof, to the commissioner within fifteen days from the date of completion or occupation of the building whichever is earlier.
(b) If such date falls within the last two months of a half-year, the owner shall, subject to notice being given under clause (a), be entitled to a remission of the whole of the tax or enhanced tax, as the case may be, payable in respect of the building only, for that half-year.
(c) If such date falls within the first four months of a half-year, the owner shall, subject to notice being given under clause (a), be entitled to a remission of so much, not exceeding a half, o
1 [108. Remission of tax in areas included or excluded in the middle of a half-year
(1) If any area is included in the city, the owner of every building or land in such area shall--
(a) if the date of such inclusion falls within the last two months of a half-year, not be liable to pay any property tax in respect thereof for that half-year; and
(b) if such date falls within the first four months of a half-year, be entitled to a remission of so much, not exceeding a half, of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year preceding such date.
(2) If any area is excluded from the city, the owner of every building or land in such area shall be entitled--
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1[The commissioner may at his discretion condone omissions to give notice 2[under sections 105, 106, 107 or 108], giving his reasons in writing for every such condonation.]
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1. Inserted by section 61 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955).
(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 1 [within thirty days after the service of the notice where the notice is served upon Government, a railway administration or a company and within fourteen 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 2 [and with such other information as the commissioner may require], and every owner or occupier upon whom any such notice is served shall be bound to comply with it and to make a true return to the best of his knowledge or belief.
(2) For the purpose aforesaid, the commissioner may enter, inspect, survey and measure any building or land, after giving twenty-four hours notice to the owner or occupier.
1 [110. Taxation of companies trading for sixty days in half-year on their capital
If the council by a resolution determine that a tax on companies shall be levied, every company which, after the date specified in the notice published under sub-section (2) of section 98-A transacts business within the city in any half-year for not less than sixty days in the aggregate shall pay, in addition to any licence fee that may be leviable under this Act, a half-yearly tax assessed in accordance with the rules in Schedule IV, but in no case exceeding rupees one thousand:
Provided that any society, which is registered or deemed to be registered under the 2 Tamil Nadu Co-operative Societies Act, 1932 (Tamil Nadu Act VI of 1932), and the paid-up capital of which is less than fifty thousand rupees and any other society registered or deemed to be regi
1 [111 to 115A. Repealed]
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1. Repealed by Tamil Nadu Act 24 of 1992.
1 [(1) If the council by a resolution determines that a tax on carriages and animals shall be levied, the commissioner shall levy the said tax half-yearly on carriages and animals kept within the city which are of the kinds specified in Part III of Schedule IV.]
(2) The rates of the tax shall be determined by the council, provided always that they shall not exceed the maxima laid down in Part III of Schedule IV.
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1. Substituted for original sub-section (1) by section 70 of Tamil Nadu Act X of 1936.
(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.
1 [(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.]
1 [(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.
1 [(5)] Notwithstanding anyt
The carriage and animal tax shall not be levied on--
(a) carriages and animals belonging to the 1 [Government];
(b) carriages and animals belonging to members of the 2 [city police] or to officers or servants of the corporation employed on out-door duties:
3 [Provided that the exemption under this clause shall extend only to a carriage or animal required to be kept by any such member, officer or servant for the discharge of his official duties];
(c) carriages and animals kept solely for sale by carriage-makers and dealers;
(d) carriages which have been under repair or standing at a carriage-makers during the whole of the half-year;
(e) animals which during the
With the sanction of the 1 [standing committee] or in accordance with regulations framed by that body, the commissioner may compound, for any period not exceeding one year, with any livery stable-keeper or other person keeping carriages and animals for sale or hire, for a certain sum to be paid in lieu of the carriage and animal tax.
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1. Substituted for "central committee" by Tamil Nadu Act 22 of 1971.
(1) The commissioner may by notice require the occupier of any premises to furnish him with a statement--
(a) showing the name and address of every person who has possession, custody or control of any carriage or animal which is kept in such premises and is liable to the carriage and animal tax;
(b) containing a description of every such carriage or animal.
(2) The occupier shall sign the statement and transmit it to the municipal office within one week from the date of his receipt of the notice.
(1) The commissioner shall send to every person supposed to have become liable to the payment of the tax on carriages and animals a printed table to be filled up with such information respecting the carriages and animals kept by him as the commissioner considers necessary for the assessment of the tax.
(2) Such table shall be filled up with 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.
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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 animal for the period to which the payment relates.
1 [122. Power to require numbers to be affixed to carriages
(1) The commissioner shall direct that a municipal number shall be affixed to every carriage kept within the city.
(2) The numbers affixed under sub-section (1) shall be registered in the municipal office.]
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1. Substituted for the original section 122 by section 53 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
Before registering any hackney carriage under the Tamil Nadu Hackney Carriage Act, 1911 (Tamil Nadu Act V of 1911), the Commissioner of Police shall satisfy himself that the corporation has received payment of the tax, if any, due under section 116 on account of the last preceding half-year and the current half-year.
1 [(1) If the council by a resolution determined that a tax shall be levied on carts, the commissioner shall levy the said tax half-yearly at the rate or rates (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 98-A on all classes of carts kept within the city:
Provided that no person shall be liable to tax during any half-year on account of any cart in respect of which the tax for the same half-year has already been paid by some other person:
Provided further that in the case of single bullock-carts the tax shall not exceed four rupees half-yearly:
Provided also that in fixing the said rates, the council shall have regard to the extent of damage caused by different classes of carts to the road.
Nothing in section 124 shall apply to--
(a) gun carriages, ordinance carts or wagons or other such property of the 1 [Government]; and
(b) carts kept solely for sale by cart-makers and dealers.
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1. The word "Crown" was substituted for the word "Government" by the Adaptation Order of 1937 and the word "Government" was substituted by "Crown" by the Adaptation Order of 1950.
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 1 [* * *] within the city for an aggregate period not exceeding fifteen days in the half-year or to have been under repair or standing at a cart-makers during the whole of the half-year.
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1. The words "or let out for hire" were omitted by section 76 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
If a municipal number is not affixed to a carriage or cart in pursuance of a direction issued under section 122 or section 124, 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 1 [* * *] or rickshaw shall be seized or detained when actually employed in the conveyance of any passenger or goods.
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1. The word "motor-bicycle" was omitted by Schedule 1 to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931).
(1) If a vehicle or animal is detained under section 127 and the owner or other person entitled thereto does not claim the same and pay the tax, if any, due thereon within ten days from the date of seizure, the commissioner may direct that the vehicle or animal shall be sold in public auction and the proceeds of the sale applied to the payment of--
(i) the tax, if any, due on the vehicle or animal sold;
(ii) such penalty not exceeding the amount of the tax as the commissioner may direct; and
(iii) the charges incurred in connection with 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 theret
1 [129. Tax on timber
(1) If the council by a resolution determines that a tax shall be levied on timber brought into the city, such tax shall be levied at such rates, not exceeding five rupees per ton, and in such manner as may be determined by the council:
Provided that no tax shall be levied on any timber brought into the city in the course of transit to any place outside the city and directly removed out of the city by rail, road or water.
(2) No timber shall, except in the case referred to in the proviso to sub-section (1), be brought into the city unless the tax due thereon has been paid.
(3) The tax shall be levied on timber kept within the city for sale if the commissioner has reason to believe that the tax, if any, due thereon has not been
1 [129A. Tax on advertisements
Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever in any place whether public or private, shall pay on every advertisement which is so erected, exhibited, fixed retained or displayed to public view, 3[a tax calculated at such rates having regard to the location, size, reach and nature of the advertisement] and in such manner and subject to such exemptions as the council may, with the approval of the 2 [State Government], by resolution determine:
Provided that the rates shall be subject to the maxima and minima laid down by the 2 [State Government] in this behalf 3 [and in any case such rate of tax shall not exceed rupees five hundred per square metre per
1 [129B. Prohibition of advertisements without written permission of commissioner
(1) No advertisement shall, after the levy of the tax under section 129-A has been determined upon by the council, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the city or shall be displayed in any manner whatsoever in any place without the written permission of the commissioner.
(2) The commissioner shall not grant such permission if--
(i) the advertisement contravenes any by-law made by the council under clause (28) of section 349; or
(ii) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2) i
1 [129C. Permission of the commissioner to become void in certain cases
The permission granted under section 129-B shall become void in the following cases, namely:--
(a) if the advertisement contravenes any by-law made by the council under clause (28) of section 349;
(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the Corporation Engineer;
(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 w
1 [129D. Owner or person in occupation to be deemed responsible
Where any advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of section 129-A or section 129-B 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.]
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1. Inserted by s
1 [129E. Removal of unauthorized advertisements
If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 129-A or section 129-B 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].
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1. Inserted by section 78 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [129F. Collection of tax on advertisements
The Commissioner may farm out the collection of any tax on advertisements leviable under section 129-A for any period not exceeding one year at a time on such terms and conditions as may be provided for by by-laws made under section 349.]
2 [* * *]
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1. Inserted by section 78 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Omitted by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931).
1 [130 to 134. Omitted]
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1. Omitted by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931).
1 [135.Method of assessment of duty on transfer of property--
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 2 [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 State Government, not exceeding five per centum, on the amount specified below against such instrument:--
S. No. Description of Instrument Amount on which duty should be levied
3 [(i)
Sale of immovable propert
On the introduction of the transfer duty,--
(a) section 27 of the 1 [said Indian Stamp Act] shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without the city,
(b) section 64 of the 2 [same Act] shall be read as if it referred to the corporation as well as the Government.
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1. Substituted for the word and figures "Indian Stamp Act, 1899" by section 80 (i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted for the words and figures "Indian Stamp Act 1899" by section 80 (ii), of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
The 1 [State 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.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
1 [137A. Power to exempt from taxes
With the sanction of the 2 [State 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 authorise the exemption of any person solely on the ground that he is a councillor 3 [* * *]
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1. Inserted by section 81 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
3. The words "or an alderman" were omitted by section
1 [137B. Power to assess in case of escape from assessment
Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Chapter has escaped assessment in any half-year or year, 2 [or has been assessed in any half-year or year at a rate lower than the rate at which he is assessable or, in the case of property tax has not been duly assessed in any half-year or year consequent on the building or land concerned having escaped proper determination of its annual value], the commissioner may, at any time within 3 [six years] from the date on which such person should have been assessed, serve on such person a notice assessing him to the tax or fee due and demanding payment thereof within fifteen days from the date of such service; and the provisions of this Act and the ru
The rules and tables embodied in Schedule IV shall be read as part of this Chapter.
For the Purpose of Chapter
(a) "employee" means a person employed on salary and includes,--
(i) a Government servant receiving pay from the revenue of the Central Government or any State Government;
(ii) a person in the service of a body whether incorporated or not, which is owned or controlled by the Central Government or any State Government, where such body operates within the Corporation limit even though its headquarters may be outside the Corporation limit; and
(iii) a person engaged in any employment by an employer, not covered by sub-clauses (i) and (ii);
(b) "employer" in relation to an employee earning any salary on a regular basis under his means, the person or the officer who is responsible fo
(1) There shall be levied by the Council a tax on profession, trade, calling and employment.
(2) Every company which transacts business and every person, who is engaged actively or otherwise in any profession, trade, calling or employment within the city on the first day of the half-year for which return is filed, shall pay half-yearly tax at the rates specified in the Table below in such manner as may be prescribed:
THE TABLE
Sl. No. Average half-yearly income Half-yearly tax
(1) (2) (3)
From To
Rs. Rs. Rs.
1 Upto 21,000 ... Nil
2 21,001 30,000 60
&n
The tax payable by any person earning a salary or wage shall be deducted by his employer from the salary payable to such person, before such salary or wage is paid to him in such manner as may be prescribed and such employer shall, irrespective of whether such deduction has been made or not when the salary or wage is paid to such person be liable to pay tax on behalf of such person:
Provided that if the employer is an officer of the State or Central Government, the Government may, notwithstanding anything contained in this Chapter, prescribe the manner in which such employer shall discharge the said liability.
(1) Every employer liable to pay tax under this Chapter shall file a return to the commissioner, in such form, for such period and by such date as may be prescribed, showing therein, the salaries paid by him to the employees and the amount of tax deducted by him in respect of such employees.
(2) Every such return shall accompany with the proof of payment of the full amount of tax due according to the return and a return without such proof of payment shall not be deemed to have been duly filed.
(1) The commissioner, if satisfied that any return filed by any employer under sub-section (1) of section 138-D is correct and complete, shall accept the return.
(2) Where an employer has failed to file any return under sub-section (1) of section 138-D within the time or if the return filed by him appears to the commissioner to be incorrect or incomplete, the commissioner shall, after making such enquiry as he considers necessary, determine the tax due and assess the employer to the best of his judgment and issue a notice of demand for the tax so assessed:
Provided that before assessing the tax due, the commissioner shall give the employer a reasonable opportunity of being heard.
(1) In addition to the tax assessed under sub-section (11) of section 138-B or sub-section (2) of section 138-E in the case of submission of incorrect or incomplete return, the commissioner shall direct the person or employer to pay by way of penalty of one hundred per cent of the difference of the tax assessed and the tax paid as per return:
Provided that no penalty under this sub-section shall be imposed after the period of three years from the date of the order of the assessment under this Chapter and unless the person affected has had a reasonable opportunity of showing cause against such imposition.
(2) On any amount remaining unpaid after the dates specified for its payment, the person or employer shall pay, in addition to the amount due, interest at such rate not exceeding one per cent per mensem of such amount for the entire peri
(1) Any person or employer aggrieved by any order or decision of the commissioner in relation to the payment of tax (including penalty, fee and interest) may, within such time as may be prescribed, appeal to the Taxation Appeals Tribunal.
(2) The decision of the Taxation Appeals Tribunal shall be final and shall not be questioned in any court of law:
Provided that no such decision shall be made except after giving the person affected a reasonable opportunity of being heard.
Nothing contained in this Chapter shall apply to --
(a) the members of the Armed Forces of the Union serving in any part of this State, to whom the provisions of the Army Act, 1950 (Central Act XLVI of 1950), the Air Force Act, 1950 (Central Act XLV of 1950) or the Navy Act, 1957 (Central Act 62 of 1957) applies;
(b) the members of the Central Reserve Police Force to whom the Central Reserve Police Force Act, 1949 (Central Act XLVI of 1949) applies and serving in any part of this State;
(c) physically disabled persons with total disability in one or both the hands or legs, spastics, totally dumb or deaf persons or totally blind persons:
Provided that such physical disability shall be duly certified by a Registered Medical Practitioner in the service
Section 138(h) of the Chennai City Municipal Corporation Act, 1919, pertains to exemptions from property tax, specifically addressing certain categories of persons or properties that may be exempted from taxation under specified conditions. This provision is part of the broader framework of the Act that governs taxation, civic duties, and exemptions within the Chennai municipal jurisdiction.
Section 138(h) explicitly states that the Corporation may, by notification, specify categories of persons or properties that shall be exempted from payment of property tax. It provides a statutory basis for the government or the Corporation to grant exemptions through formal notifications, which may be based on criteria such as social, charitable, or public interest considerations.
While Section 138(h) itself does not specify penalties, violations of the notification or misuse of exemption provisions can attract penalties under other sections of the Act, including penalties for evasion, false declarations, or unauthorized claims of exemption, which are punishable under the general provisions of the Act and relevant penal laws.
This concise legal commentary synthesizes the provisions of Section 138(h) of the Chennai City Municipal Corporation Act, 1919, with references to relevant judicial pronouncements and legal principles, highlighting the scope, procedure, and legal safeguards associated with exemption notifications.
(1) The Tamil Nadu Tax on Professions, Trades, Callings and Employments Act, 1992 (Tamil Nadu Act 24 of 1992) (hereafter in this section referred to as the 1992 Act) in its application to the city, is hereby repealed.
(2) The repeal of the 1992 Act under sub-section (1) shall not affect,--
(i) the previous operation of the said Act or anything done or duly suffered thereunder; or
(ii) any right, privileges, obligations or liabilities acquired, accrued or incurred under the said Act; or
(iii) any penalty, forfeiture or punishment incurred in respect of any offence committed.
(3) Notwithstanding the repeal of the 1992 Act, the rates of tax on professions, trades, callings and employments specified in the Sc
All monies 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,1[or other laws].
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1. Added by section 82 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
The 1 [State 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.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
With regard to the deposit, investment and expenditure of the municipal fund and the audit of the municipal accounts, the rules in Schedule V shall be observed.
1 [141A. Contributions to expenditure by other local authorities
(1) If the expenditure incurred by the 2 [State Government] or by any local authority in the Presidency of Madras for any purpose authorized by or under Schedule V is such as to benefit the inhabitants of the city, the council may make a contribution towards such expenditure.
(2) The 2 [State Government] may direct the council to show cause, within a period fixed by the 2 [State Government] in this behalf and not being less than one month after receipt of the order containing the direction, why any contribution described in sub-section (1) should not be made.
(3) If the council fails to show cause within the said period to the satisfaction of the 2 [State Government], the 2 [State Government] may direct it to make such contributi
(1) The council may, in pursuance of any resolution passed at a special meeting, borrow by way of debenture or otherwise on the security of all or any of the taxes, duties, 1 [* * *] fees and dues authorized by or under this Act, any sums of money which may be required--
(a) for the construction of works, 2 [or]
(b) for the acquisition of 3 [lands and buildings,] or
4 [(c) for slum clearance and construction of tenements], 2 [or]
4 [(d) to pay off any debt due to the Government, or
4 [(e)] to re-pay a loan previously raised under this Act or other Act previously in force:
5 [Provided that--
(i) no loan shall be raise
The time for the re-payment of any money borrowed under section 142 shall in no case exceed sixty years, and the time for the repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the 1 [State Government], extend beyond the unexpired portion of the period for which such previous loan was sanctioned.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
Notwithstanding anything hereinbefore contained, the borrowing powers of the corporation shall be limited so that the sum payable annually for interest and for the maintenance of the sinking funds as hereinafter provided, and for interest and re-payment of any sums borrowed otherwise shall not, except with the express sanction of the 1 [State Government], exceed twelve and a half percent of the annual value of buildings and lands as determined under Chapter V.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
All debentures issued under this Chapter shall be in such form as the council, with the previous sanction of the 1 [State Government], may determine, and shall be transferable in such manner as shall be therein expressed; and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
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, nothwithstanding anything in section 45 of the Indian Contract Act, 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 or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the corporation by any other of such persons.
(1) The corporation shall maintain sinking funds for the re-payment of money borrowed on debentures issued and shall pay by quarterly instalments into such sinking funds such sum as will be sufficient for the re-payment 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 1 [by the commissioner] in--
(a) securities of 2 [the Central or the State Government], or
(b) securities guaranteed 3 [by the Central or the State Government], or
4 [(c) 5 [Chennai], 6 (Calcutta7 and Bombay7 municipal debentures)] 8 [(or)
8 (d) fixed deposit in any corresponding new bank as defined in clause (d) of section 2 o
(1) The aforesaid trustees may apply a sinking fund or any part thereof or in 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 151, 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 148,
(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 149 in or towards discharging loans.
(2) Every such statement shall be laid before the council and published.
( 1) Notwithstanding anything to the contrary contained in this Chapter, the corporation may consolidate all or any of their loans and for that purpose may invite tenders for a new loan (to be called the municipal consolidated loan, 19) and invite the holders of municipal debentures to exchange their debentures for scrip of such loan.
( 2) The terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the1[State Government].
( 3) The period for the extinction of any such consolidated loan shall not without the sanction of the1[State Government] extend beyond the farthest date within which any of the loans to be consolidated would be otherwise repayable.
( 4) The corporati
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 commencement of this Act, or any interest or cost due in respect thereof, be not repaid according to the conditions of the loan, the1[State Government] may attach the municipal fund or any part thereof.
( 2) After such attachment, no person except an officer appointed in this behalf by the1[State 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 prejud
1 [154. Estimates of expenditure and income to be prepared annually by the commissioner
(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 first day of 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 his proposals in regard thereto; and the standing committee on taxation and finance shall in consultation with the other standing committees consider and finalise the budget estimate and submit the same with its recommendations, if any, to the council on or before the twentieth day of January, of each year.
(2) In such budget estimate, the commissioner shall
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 finalised 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 within a specified time well in advance of the due date specified in section 155 or adopt the budget estimate or any revised budget estimate submitted to it either as it stands or subject to such alterations as it deems expedient:
Provided that the budget estimate finally adopted by the council shall make adequate and suitable provisions for each of the matters referred to in clauses (a) to (c) of sub-section (2) of section 154:
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 d
The council shall finally pass the budget estimate before the fifteenth day of March of the year to which it relates and forthwith submit a copy thereof to the State Government. If the budget as submitted to the State Government fails to make adequate and suitable provision for each of the matters referred to in clauses (a) to (c) of sub-section (2) of section 154, the State 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 157 and if such failure, is in the opinion of the State Government, not due to any valid reason, then, the State Government may direct the commissioner to forward the budget as prepared by him and as finalised 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 finalised by the said standing committee to the State Government who shall scrutinise the budget and intimate their approval to the commissioner on or before the first day of April of the year.]
The council may, on the recommendation of the 1 [standing committee], 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 2 [under General Account-Revenue] at the close of the year shall be reduced below 3 [one lakh and fifty thousand rupees].
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1. Substituted for "central committee" by Tamil Nadu Act 22 of 1971.
2. Inserted by section 89 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
3. Substituted for the words "one lakh of rupees" of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [160. Omitted]
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1. Omitted by section 90 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
( 1) The1[standing committee], 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 by such reduction or transfer, to all the requirements of this Act;
(ii) the aggregate sum of the budget grants contained in the budget estimate adopted by the council shall not be increased except by the council under section 159;
(iii) every such reduction or transfer shall be brought to the notice of the council at its next meeting.
&nb
(1) If it shall at any time during any year appear to the council, upon the representation of the 1 [standing committee] that, notwithstanding any reduction of budget grants that may have been made under section 161, 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 2 [one lakh and fifty thousand rupees under General Account--Revenue], it shall be incumbent on the council either to diminish the sanctioned expenditure of the year, so far as it may be possible so to do with due regard to all the requirements of 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 2 [one lakh and fifty thousand rupees under General Account--Revenue] at th
1 [Finance Commission
(1) The Finance Commission referred to in Article 243-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 corporation of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the corporation;
(iii) the grants-in-aid to the corporation from the Consolida
Public Water-supply
1 [163 to 173. omitted]
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1. Omitted by section 85 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978).
Lighting
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 such other illuminant as the council may determine.
All public drains, pipes and drainage works existing at the time of the coming into operation of this Act or afterwards made at the cost of the corporation or otherwise, and all works, materials and things appertaining thereto shall vest in the corporation.
The corporation shall, so far as the means at their disposal permit, provide and maintain a sufficient system of public drains throughout the city.
1 [177 to 181. Omitted]
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1. Omitted by section 85 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978).
( 1) The commissioner may, by notice, require the owner or occupier of any building or land adjoining a public street to construct culverts or drain-coverings over the side channels or ditches at the entrances to the said building or land.
( 2) Such culverts or drain-coverings shall be1[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.
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1. Substituted for the words "of the form and size and consist of such materials" by section 100 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
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 for discharging such water in such manner as the commissioner may allow.
The corporation shall provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be kept clean and in proper order.
(1) The commissioner may license for any period not exceeding one year the provision and maintenance of latrines for public use.
(2) No person shall keep a public latrine without a licence under sub-section (1).
(3) Every licensee of a public latrine shall maintain it clean and in proper order.
1 [186. Provision of latrines by owner or occupier
(1) The commissioner may, by notice, require the owner or occupier of any building, within such time and in accordance with such directions as may be specified therein, to provide flush-out 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 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 stand shall, within such time and in accordance with such directions as may be specified in a notice issued by the commissioner, provide flush-out or other latrines for the use of the inhabitants of such block of huts or alter or remove from an unsuitable to a more suitable place an
other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed1[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.
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1. Substituted for the word "latrines" by section 102 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
The commissioner may, by notice, require any owner or manager of a market, cart-stand, cattle-stand, choultry, theatre, railway station, dock, wharf 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 sex1[flush-out or other latrines] of such description and number and in such a position as may be specified and to keep the same clean and in proper order.
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1. Substituted for the word "latrines" by section 102 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
All1[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.
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1. Substituted for the word "latrines" by section 102 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
The commissioner may carry any cable, wire, pipe, drain 1 [xxx] channel of any kind to establish, 1 [xxx]maintain any system of drainage, water-supply, 1 [xxx] lighting, through, across, under, 1 [xxx] over any road, street 1 [xxx] place laid out for a road or street and after giving reasonable notice to the owner, occupier through, across, under, over, 1 [xxx] up the side of, any land 1 [xxx] building in the city, and may place and maintain posts, poles, standards, brackets 1 [xxx] other contrivances to support cables, pipes, channels, wires and lights 1 [xxx] and pole 1 [xxx] post in the city not 2 [vested in the 3 [Government] 4 [* * *] and may do all acts necessary 1 [xxx] expedient for repairing 1 [xxx] maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket 1 [xxx] other similar contrivance in an effective state for the purpose for which it is intended to be used 5 [* * *] for removing the
(1) No person shall, without the permission of the commissioner, make any connection with any municipal cable, wire, pipe, drain or channel. 1 [* * *]
(2) The commissioner may, by notice, require any connection made in contravention of sub-section (1) to be demolished, removed, closed, altered or re-made.
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1. Omitted for "or with the house-connection of any other person" by section 85 of Tamil Nadu Act 28 of 1978.
If the corporation conduct 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 1 [State Government] and at the cost of the municipal fund, require the railway administration concerned to raise or lower the level thereof.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
(1) The corporation shall not undertake new works beyond the limits of the city without the sanction of the 1 [State Government.]
(2) The corporation may, in the execution and for the purposes of any works beyond the limits of the city sanctioned by the 1 [State Government] whether before or after the passing of this Act, exercise all the powers which they may exercise within the city throughout the line of country through which conducts, channels, pipes, lines of posts and wires and the like run 2 [xxx] roots connected with the drainage of the city.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
&nbs
(1) The commissioner shall--
(i) provide or appoint in proper and convenient situations, depots or places for the temporary deposit of rubbish and filth and for the final disposal of rubbish, filth and carcases of animals;
(ii) provide dust-bins for the temporary deposit of rubbish;
(iii) provide vehicles or other suitable means for the removal of rubbish and carcases of animals; and
(iv) provide covered vehicles or vessels for the removal of filth.
(2) The commissioner shall make adequate provision for preventing the depots, places, dust-bins, vehicle and vessels referred to in sub-section (1) from becoming sources of nuisance].
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(1) The commissioner may, with the previous sanction of the 1 [standing committee], by public notice direct that all rubbish and filth accumulating in any premises in any street or quarter of the city specified in the notice shall be collected by the owner or occupier of such premises, and deposited in a box or basket or other receptacle, of the kind specified in such notice, to be provided by such owner or occupier and kept at or near the premises.
(2) The commissioner may by public notice direct that all rubbish and filth accumulating in any latrine not connected with a drain and in respect of which no contract under section 197 has been entered into, shall be collected by the owner or occupier and deposited in municipal carts.
(3) The commissioner may cause public dust-bins or other convenient receptacles to be provided at suitable in
When any premises are used for carrying on any manufacture, trade or business or in any way so that rubbish or filth is accumulated in quantities which are, in the opinion of the commissioner, too considerable to be deposited in any of the methods prescribed by a notice issued under section 195, 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 194; or
(b) after giving such owner or occupier notice of his intention, cause all rubbish and filth accumulated in such premises to be removed, and charge the said owner or occupier for such removal, such periodical fee as may, with t
The commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises on such terms as to time and period of removal and other matters as may seem suitable to the commissioner, and on payment of fees at such rate as the council may determine.
The commissioner shall provide--
(a) for the daily surface-cleansing of all public streets and the removal of the sweepings therefrom, and
(b) for the removal of--
(i) the contents of all receptacles and depots and the accumulations at all places provided or appointed by him under section 194 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 195.
All things deposited in depots or places provided or appointed under section 194 shall be the property of the corporation.
In cases not provided for by any notice issued under section 196, the commissioner shall, with the sanction of the1[standing committee] lay down--
(a) the hours within which rubbish and filth may be removed,
(b) the kind of cart or other receptacle in which rubbish and filth may be removed, and
(c) the route by which such carts or other receptacles shall be taken.
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1. Substituted for "circle committee concerned" by Tamil Nadu Act 22 of 1971.
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 195 or section 196, as the case may be, to collect and deposit or remove rubbish or filth accumulating on any premises shall allow the same to accumulate for more than twenty-four hours.
(2) Prohibition against Irregular methods of depositing rubbish or filth.--No person shall deposit any rubbish or filth otherwise than as provided in a notice issued under section 195 or section 196, as the case may be.
1 [(3) Prohibition of improper disposal of carcases, rubbish and filth.-- No person shall after due provision has been under sections 194 for the deposit and removal of the same--
(a) deposit the carcases of animals, rubbish or filth in any street or on the veranda of any building or on any unoccupied ground alongside any street or o
1 [202A. Contributions from persons having control over places of pilgrimage, etc.
Where a mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs, festivals or other like purposes in the city or in its neighbourhood, attracts on particular occasions, a large number of persons, the commissioner shall make special arrangements whether permanent or temporary which may be necessary in the interests 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 2 [State Government] may determine.]
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1. Inserted by section 106 of the Chennai City Municipal (Amendment) Act, 1936 (Ta
1 [203. Vesting of public streets and their appurtenances in corporation
(1) All public streets in the city not reserved under the control of 2 [the Central or the State Government], with the pavements, stones and other materials thereof, and all works, materials implements and other things provided for such streets, all 3 [* * *] drains, drainage works, tunnels and culverts, whether made at the cost of the municipal fund or otherwise, 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 4 [State Government] may, by notification, withdraw any such street 3 [drain, drainage work, tunnel, culvert, free from the control of the corpora
1 [204. Maintenance and repair of streets
The corporation shall cause the public streets to be maintained and repaired and make all improvements thereto which are necessary or expedient for the public safety or convenience.
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1. Sections 204, 205 (1) (c) and 206 will not apply to any street which is vested in the Board of Trustees for the improvement of the City of Chennai under section 60(1) of the Chennai City Improvement Trust Act, 1950 (Tamil Nadu Act XXXVII of 1950).
(1) The commissioner may, subject always to such sanction as may be required under Chapter IV,--
(a) layout and make 1 [new public streets];
(b) construct bridges and sub-ways;
2 (c) turn, divert, or with the special sanction of the council and the 3 [State Government], permanently close any public street or part thereof;
(d) widen, open, extend or otherwise improve any public street.
(2) Reasonable compensation shall be paid to the owners and occupiers of any land or buildings which are acquired for or affected by any such purposes.
4 [(3) In determining such compensation, allowance shall be made for any benefit accruing to the owner or occupier concerned, fro
1[206 . Power to dispose of permanently closed streets
( 1) When any public street is permanently closed under section 205, the corporation may dispose of the site or so much thereof as is no longer required making due compensation to any person injured by such closing.
( 2) In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street, at or about the same time that the public street, on account of which the compensation is paid is closed.
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1. Sections 204, 205 ( 1) (c) and 206 will not apply to any street which is vested in the Board of Trustees for the improvement of
( 1 ) The commissioner may, subject always to such sanction as may be required under Chapter TV, 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 building, if any, standing thereupon which the council may consider it expedient to acquire.
( 2) Any land or building acquired under sub-section ( 1), clause (b), may be sold, leased or otherwise disposed of after public advertisement, and any conveyance made for that purpose may comprise such conditions as the1[standing committee] thinks fit as to the removal of existing building, if any, the description of the new building (if an
The1[standing committee] may--
(a) prescribe for any public street, a building line or a street alignment or both a building line and a street alignment;
(b) from time to time, but subject in each case to its receiving the authority of the council in that behalf, define a fresh line in substitution for any line so defined or for any part thereof, provided that such authority shall not be accorded--
(i) unless, at least one month before the meeting of the council at which the matter is decided, public notice of the proposal has been given by the commissioner by advertisement in the local newspapers and in the2[ Official Gazette], and special notice thereof, signed by the commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be defined; a
(1) No person shall construct any portion of any building within a street alignment defined under section 208, 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) not to claim compensation in the event of the commissioner at any time thereafter calling upon him or such successors to remove any building erected or added to in pursuance of such permission or any portion thereof, and
(b) to pay the expenses of such removal:
Provided that the commissioner shall, in every case in which he gives permission, report his reasons in wri
(1) When any building or part thereof abutting on a public street is within a street alignment defined under section 208, 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 feet; or
(b) to remove, reconstruct or make any addition to any portion of such building which is within the street alignment;
in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building to be set back to the street alignment.
(2) When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the commissioner or otherwise, taken d
The commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, with the sanction of the1[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.
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1. Substituted for "circle committee concerned" by Tamil Nadu Act 22 of 1971.
( 1) The1[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 ordinarily not be less than forty feet, or in any area covered by huts, twenty feet.
( 3) When any plan has been prepared under sub-section ( 1), the provision of section 210 shall apply to all buildings, so far as they stand across the street alignment of the projected street.
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1. Substituted for "circle committee concerned" by Tamil Nadu Act 22 of 1971.
1 [213. Temporary closure of streets
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 2 [* * *] or lighting or any of the purposes specified in Schedule V:
Provided that such work shall be completed and such street re-opened to traffic with all reasonable speed.
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1. Sections 213, 224 and 225 will not apply when any drain or premises vested in the corporation is opened or broken up by the Board of Trustees or when any public street is under construction by the Board by virtue of the provisions in section 60(2) of the Chennai City Improvement Trust Act, 1950 (Tamil Nadu Act XXVII of 1950.)
2
It shall not be lawful for any person, without the permission of the commissioner, to displace, take up or make any alteration in the fence, posts, pavement, flags or other materials of any public street.
1 [214A. Power of the corporation to recover expenses caused by extraordinary traffic
When by a certificate of an officer of the Government 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 neighbourhood, extraordinary expenses have been incurred by the corporation in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, or by any process of loading, unloading or depositing excessive weights thereon, the commissioner may recover in the Civil Court, from any person by or in consequence of whose order such damage has been caused, the amount of such expenses as may be proved to the satisfaction of such Court to have been incurred by the corporation by reason of the damage arising from suc
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, lay down and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.
(1) Any person intending to layout or make a new private street must send to the commissioner, a written application with plans and sections showing the following particulars, namely:--
(a) the intended level, direction and width of the street,
(b) the street alignment and the building line, and
(c) the arrangements to be made for levelling, paving, metalling, flagging, channelling, 1 [* * *] draining, conserving and lighting the street.
(2) The provisions of this Act and of any rules or by-laws made under it as to the level and width of public streets and the height of buildings abutting thereon shall apply also in the case of streets referred to in sub-section (1); and all the particulars referred to in that sub-section shall be subject to approva
( 1) If any person lays out or makes any street referred to in section 216, without or otherwise than in conformity with the orders of the1[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
( 1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled,1[* * *] drained, conserved, or lighted to the satisfaction of the commissioner, he may by notice2[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 of 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 the3[owners referred to in sub-section ( 1) in such proportions as may be settled by the commissioner].
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If any street has been levelled, paved, metalled, flagged, channelled, 1 [***], drained, conserved and lighted under the provisions of section 218, such street shall, on the requisition of 2 [a majority of the owners referred to in sub-section (1) of that section], be declared a public street.
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1. Omitted for "sewered" by section 85 of Tamil Nadu Act 28 of 1978.
2. Substituted for the words "not less than three fourths of the owners thereof by section 111 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
No one shall build any wall or erect any fence or other 1 [obstruction or projection or make any encroachment] in or over any street 2 [or any public place, the control of which is vested in the corporation] except as hereinafter provided.
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1. Substituted for the words "obstruction, encroachment or projection" by section 12(i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Inserted by section 112 (i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
(1) No door, gate, bar or ground-floor window shall without a licence from the commissioner be hung or placed so as to open outwards upon any street.
(2) The commissioner may by notice require the owner of such door, gate, bar, or window to alter it so that no part thereof when open shall project over the street.
( 1) The commissioner may by notice require the owner or occupier of any premises to remove or alter any projection, encroachment or obstruction (other than a door, gate, bar, or ground-floor window) situated against or in front of such premises and in or, over, any street1[or any public place, the control of which is vested in the corporation].
( 2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give him a perspective title2[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 reasonable compensation to every person who suffers damage by
1 [223. Power to allow certain projections and erections
(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
2 [(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 commissioner of police, the commissioner may grant a licence, subject to such conditions and restrictions as
1 [223A. Power of council to set up hoardings and levy fees
Subject to the provisions of the 2 [Tamil Nadu] Open Places (Prevention of Disfigurement) Act, 1959 (2 [Tamil Nadu] Act 2 of 1959) and sections 129-A to 129-F of this Act, the commissioner may, with the sanction of the council, set up, for the exhibition of advertisements, hoardings, erections or other things in suitable place owned by, or vested in the corporation and may permit any person to use any such hoarding, erection or thing on payment of such fee as may be prescribed by regulations made by the council in this behalf.
Explanation I.--For the purposes of sections 129-D and 129-E 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.]
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1[224. Precautions during repair of streets
( 1) The commissioner shall, so far as is practicable during the construction or repair of any street, drain or premises vested in the corporation,--
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings; and
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
( 2) The commissioner shall cause such drain, street or premises to be sufficiently lighted or guarded during the night while under construction or repair.
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1[225. Prohibition against removal of bars and lights
No person shall without lawful authority remove any bar, chain, post or shoring timber or remove or extinguish any light set up under section 224.
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1. Sections 213, 224 and 225 will not apply when any drain or premises vested in the Corporation is opened or broken up by the Board of Trustees for the improvement of the City of Chennai or when any public street is under construction by the said Board by virtue of section 60( 2) of the Chennai City Improvement Trust Act, 1950 (Tamil Nadu Act XXXVII of 1950).
(1) No person shall make a hole or cause any obstruction in any street unless he previously obtains the permission of the commissioner and complies with such conditions as he may impose.
(2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced, and enclosed, until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.
(3) If any obstruction is caused in any street by the fall of structures, trees, or the 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 1 [by written order] allow, clear the street of such obstruction.
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If any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street or foot-way 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.
228 .1[Naming or numbering of public streets, etc.
( 1) With the approval of the State Government, the council shall give names or numbers to new public streets and shall also give name to park, playground, bus-stand, arch or new municipal property and may subject to the approval of the State Government, alter the name or number of any public street, park, playground, bus-stand, arch or municipal property.
2[* * *]
( 2) The commissioner shall cause to be put up or painted in English and3[in Tamil] on a conspicuous part of some building, wall or place, at or near each end, corner or entrance of every public street, the name4[or number] by which it is to be known.
( 3) No person shall without lawful authority destroy, pull down or deface any such name
(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 down or deface any such number.
(3) When a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced, and if he fails to do so, the commissioner may, by notice, require him to replace it.
(1) The 1 [State Government] may make rules--
(a) for the regulation or restriction of the use of sites for building, and
(b) for the regulation or restriction of building.
(2) Without prejudice to the generality of the power conferred by subsection (1), clause (a), rules made under that clause may provide--
(a) that no insanitary or dangerous site shall be used for building, and
(b) that no site shall be used for the construction of a building intended for public worship if the construction of the building thereon will wound the religious feelings of any class or persons.
(3) Without prejudice to the generality of the power conferred by subsection (1), clause
(1) The council may give public notice of their intention to declare--
(a) that, in any streets 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 1 [commissioner] may consider suitable to the locality, or
(b) that in any localities specified in the notice, the construction of only detatched 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 specified architect
(1) The council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent 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) For any land so acquired, the corporation shall pay compensation.
(3) In determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the street.
1[233. Prohibition against use of inflammable materials for buildings, etc., without permission--
( 1) No external roof, veranda, 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, veranda, 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.]
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1. Substituted for original section 233 by section 118 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X
( 1) If any person intends to construct or re-construct a building, he shall send to the commissioner--
(a) an application in writing for approval of the site together with a site plan of the land, and
(b) an application in writing for permission to execute the work together with a ground-plan, elevations and sections of the building and a specification of the work.
1[Explanation.-- Building in this sub-section shall include a wall or fence of whatever height bounding or abutting on any public street.]
( 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.
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1. Added by section 1
The commissioner shall not grant permission to construct or re-construct a building unless and until he has approved of the site on an application made under section 234.
1[( 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[( 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 re-construction by the person making the application under subsection ( 1) of section 234 and such person shall be responsible for the due observance of the precautions.]
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1. Renumbered by section 65 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
2. Added by Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
Within thirty days after the receipt of any application made under section 234 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 on one or more of the grounds mentioned in section 240 to approve the site.
Within thirty days after the receipt of any application made under section 234 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 on one or more of the grounds mentioned in section 240 or section 241 to grant it :
Provided that the said period of thirty days shall not begin to run until the site has been approved under section 237.
239. Reference to 1 [standing committee] if commissioner delays grant of refusal of approval or permission
(1) If, within the period laid down in section 237 or section 238, 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, as the case may be, the 1 [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 1 [standing committee] does not, 2 [within one month] 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 be have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisio
The only grounds 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 234 have not been signed as required under rules or by-laws ;
(4) that any i
Notwithstanding anything contained in section 246, if any street shown in the site-plan is an intended private street, the commissioner may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.
1[( 1)] If the construction or re-construction of a building is not commenced within2[six months] after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this chapter.
3[( 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 re-construction) as may be specified in this behalf by the commissioner, it shall not be continued thereafter until a fresh application has been made and fresh permission granted under this Chapter.]
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1. Renumbered as sub-section ( 1) by section 66 of the Chennai City Municipal (Amendment) Act, 1961 (Ta
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 107.
(1) If the commissioner finds that the work--
(a) is otherwise than in accordance with the plans or specifications which have been approved, or
(b) contravenes any of the provisions of this Act or any rule, by-law, order or declaration made under this Act,
he may, by notice, require the owner of the building within a period stated either--
(i) to make such alterations as may be specified in the said notice with the object of bringing the work in conformity with the said plans, specifications, or provisions, or
(ii) to show cause why such alterations should not be made.
(2) If the owner does not show cause as aforesaid, he shall be bound to make the alterations
1[ 244A. Power of commissioner to impose penalty in the case of unauthorised constructions or alterations
Notwithstanding any action taken under section 244 or section 357( 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 one hundred square feet or part thereof covered by the portion or portions of the building so constructed or altered, the area of the ground floor and the other floors, if any, being reckoned separately. Such penalty shall be recovered in the same mann
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 endangers human life.
In section 234 to 245, the word building does not include a hut.
1[ 246A. Demolition of buildings
( 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.]
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1. Insert
The provisions of sections 234, 235, 236, 242, 243, 244 and 245 shall, 1 [not apply to water works and sewerage works within the meaning of the 2 [Chennai] Metropolitan Water Supply and Sewerage Act, 1978].
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1. Substituted by section 85 of Tamil Nadu Act 28 of 1978.
2. Substituted for the word "Madras" by Tamil Nadu Act 28 of 1996.
(1) Every person who intend 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 248.
Within fourteen days after the receipt of any application made under section 248 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 on one or more of the grounds mentioned in section 252 to grant it.
251. Reference to 1 [standing committee] if commissioner delays grant or refusal of permission
(1) If within the period laid down in section 250, the commissioner has neither granted nor refused to grant permission to construct or re-construct a hut, the 1 [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 1 [standing committee] does not, within thirty days from the receipt of such written request, determine whether such permission should be granted or not, such permission shall be deemed to have been granted; and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or by-laws made under this Act.
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The only grounds on which permission to construct or re-construct a hut may be refused are the following, namely:--
(1) 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 ;
(2) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or by-laws ;
(3) that any information or plan required by the commissioner under rules or by-laws has not been duly furnished ;
(4) that streets or roads have not been made as required by section 215 ;
1 [(5) that the land on which the hut is to be constructed or the street or streets on w
1[( 1)] If the construction or re-construction of any hut is not commenced within2[three months] after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this chapter.
3[( 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 by the commissioner, it shall not be continued thereafter until a fresh application has been made and fresh permission granted under this Chapter].
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1. Re-numbered as sub-section ( 1) by section 69 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Na
The owner or occupier of any building adjoining a 1 [* * *] street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the commissioner.
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1. Omitted for "public" section 123 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
(1) The provisions in this chapter and of any rules or by-laws made under this Act relating to construction and re-construction 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 purpose 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 1 [standing committee], whose decision shall be final.
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1. Substituted for "licence appeals committee" by Tamil Nadu Act 22 of 1971
1 [255A. Provision of Rain Water Harvesting Structure
(1) In every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner and within such time as may be prescribed.
(2) Subject to the provisions of sub-section (1), every owner or occupier of a building shall provide rain water harvesting structure in the building in such manner and within such period as may be prescribed.
Explanation.-- Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.
(3) Wh
256. Demolition or alteration of building 1 [* * *] work unlawfully commenced, carried on or completed
(1) If the commissioner is satisfied--
(i) that the construction or re-construction of any building 1 [* * *],--
(a) has been commenced without obtaining the permission of the commissioner or where an appeal or reference has been to the 2 [standing committee], in contravention of any order passed by the 2 [standing committee], or
(b) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based, or
(c) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or by-law made
1[ 256A. Power of commissioner to direct removal of persons directing or carrying on construction of buildings, etc.
( 1) If the construction or reconstruction of any building--
(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 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 any person employed in the execution thereof in such building or any other place adjacent
Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house, meter-house, summer house (not being a dwelling house), poultry house, or aviary, shall be exempted from the provisions of this Chapter other than section 233, provided the building be wholly detached from, and situated at a distance of at least 10 feet from the nearest adjacent building.
1 [Preliminary]
2 [257A. Power of 2 [standing committee] to define and alter limits of cheris or hutting grounds
The 2 [standing committee] may, subject to the approval of the council, decide whether any particular area is or is not a cheri or hutting ground as defined in clause (8-A) of section 3 and the decision of the 2 [standing committee] shall, on such approval, be final. The 2 [standing committee] may also, subject to the approval of the council, define the external limits of any cheri or hutting ground and from time to time alter such limits.]
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1. Inserted by section 125 of the Chennai City Municipal (Amendment) Act, (Tamil Nadu Act of 1936).
2. Substituted for "central comm
1[257B. Power of commissioner to require owner of cheri or hutting ground to carry out certain improvements
( 1) The commissioner may, for sanitary reasons, require the owner or owners of any cheri or hutting ground of which the total area as comprised within the limits defined under section 257-A is less than four thousand eight hundred square feet--
(a) to open up and construct such passages, not exceeding twelve feet in width, between the buildings or huts, and to provide such surface drains and latrines for the use of the tenants of the cheri or hutting ground, as the commissioner may think necessary ; and
(b) to remove the whole or any portion of a hut ; provided that the owner of the building or hut shall be entitled to receive from the municipal fund such compensation calculated accord
1 [257C. Power of commissioner to require preparation of standard plan by owner of cheri or hutting ground
(1) The commissioner may, at any time, if it appears to him that any cheri or hutting ground, for sanitary reasons, requires improvement, serve a notice upon the owner of such cheri or hutting ground requiring him to prepare and submit a plan of the cheri or hutting ground, to the scale of thirty-three feet to the inch, showing--
(a) the manner in which the cheri or hutting ground should be laid out, with 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 cheri or hutting ground ;
1[257D. Preparation of standard plan by commissioner where owners disagree, etc.
( 1) If, after the service of a notice under section 257-C on the owner or owners of any cheri or hutting ground--
(a) such owner or owners prefer for any reason to have a plan prepared for them by the commissioner, or
(b) such owner or owners fail to comply within sixty days with such notice, or
(c) such owners do not agree among themselves in the preparation of a plan as required by such notice,
the commissioner shall cause the cheri or 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 o
1[257E. Suspension of building pending preparation of standard plan
When the owner or owners of a cheri or hutting ground have been required under section 257-C to prepare a plan, no new building or hut shall be erected and no addition shall be made to any building or hut within the cheri or hutting ground until a plan has been prepared and approved under that section or under section 257-D.]
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1. Inserted by section 125 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act of 1936).
1[257F. Prohibition of building contrary to standard plan
When a standard plan has been approved for any cheri or hutting ground under section 257-C or section 257-D, no new building or hut shall be erected and no addition shall be made to any building or hut in such cheri or 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 a building or hut.]
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1. Inserted by section 125 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act of 1936).
1[257 G. Power of commissioner to require removal of building or hut not in conformity with standard plan
( 1) When a standard plan has been approved for any cheri or hutting ground under section 257-C or section 257-D, the commissioner may, at any time, by notice, require the owner of any building or hut in such cheri or 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 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, elects to take these, as the commissioner may determ
1 [257H. Power of commissioner to require carrying out of other improvements in conformity with standard plan
The commissioner may, at any time, by notice, require the owner or owners of any cheri or hutting ground for which a standard plan has been prepared under section 257-C or section 257-D--
(a) to construct the drains, privies, streets and passages, provide the means of lighting, water-supply and common bathing arrangements and carry out the other improvements shown in such plan, so far as may 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, th
1 [257-I.Inspection report and preparation of standard plan by registered medicalpractitioner and engineer in cases requiring expedition
(1)If it appears to the commissioner that any cheri or huttingground--
(a)by reason of the manner inwhich the buildings or huts are crowded together, or
(b)for anyother reason,
isin such an unhealthy condition that the procedure provided by the foregoingsections of this Chapter would be too dilatory to meet the emergency, he may, after giving notice to the owneror owners of the cheri or hutting ground, cause the cheri or hutting ground tobe inspected by two persons appointed in that behalf, one of whomshall be the healthofficer of the corporation or a person holding the diploma of Public Health orhaving such other
1 [257J. Approval by 2 [standing committee] of standard plan and schedules annexed to report
(1) The 2 [standing committee] shall consider every report (together with the plan and Schedules A and B annexed thereto) made under section 257-I, and after considering the objections (if any) of the owner or owners of the cheri or hutting ground in respect of which the report has been made and of any owner of any hut which is required to be demolished or altered and of the owner of any masonry building which is to be dealt with under sub-section (4) of section 257-I, may approve such plan and schedules after making such modifications (if any) therein as it may think fit.
(2) The plan so approved shall be deemed to be the standard plan of each cheri or hutting ground.]
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1[257K. Power of commissioner to require owners to carry out improvements specified in Schedule A
When Schedule A annexed to a report made under section 257-I has been approved under section 257-J, the commissioner may cause a written notice to be served upon---
(a) the owners of the buildings or huts referred to in such Schedule A, or
(b) the owners of the cheri or 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.]
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QQZZ1. Inserted by section 125 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil
1[257L. Payment of expenses incurred in carrying out improvements
When any improvements required by a notice under section 257-K are carried out by the commissioner under section 380, all expenses incurred thereby, including such reasonable compensation as the commissioner may think fit to pay to the owners or occupiers of buildings or huts removed, shall be paid by the owner or owners of the cheri or hutting ground to the corporation and shall constitute a charge upon such cheri or hutting ground:
Provided that notwithstanding anything contained in section 384, if it appears to the2[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 the2[standing committee] have been done by the owners or occupiers
1[257 M. Disposal by the commissioner of materials of buildings or huts pulled down
If, in carrying out any improvements as provided in section 257 -K the commissioner causes any building or hut or any portion thereof to be pulled down, he sh all--
(a) cause the materials of such building, hut or portion to be given to the owner of the building or hut if such owner elects to take them ; or
(b) if the owner does not elect to take the materials, or if the owner be unknown or the title to the building or hut be disputed, cause such materials to be sold, and hold in deposit the proceeds of the sale, together with any sum awarded as compensation under section 257 -L.
( 2 ) Any amount held in deposit under clause (b) of sub -section ( 1 ) sh all be so hel
1 [257N. Power of 2 [standing committee] to direct commissioner to purchase or acquire buildings or land in cheri or hutting ground
The 2 [standing committee] may, at any time after the receipt of a report made under section 257-1, direct the commissioner to purchase or acquire--
(a) any building within such cheri or 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 thousa
1[257O. Application of sections 257-F to 257-H to cheri or hutting ground for which standard plan has been approved under section 257-J
(a) The provisions of section 257-F shall apply to such cheri or hutting ground, and
(b) the provisions of sections 257 -G and 257 -A sh all apply to such cheri or hutting ground in respect of the improvements indicated in that schedule as provided in sub -section ( 4 ) of section 257 -I.]
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QQZZ1. Inserted by section 125 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [257P. Alternative power of commissioner to make standard plan, to purchase or acquire cheri or hutting ground and to carry out improvements himself or through purchaser or lessee
(1) Notwithstanding anything contained in section 257-J and 257-O, the 2 [standing committee] may, after receipt of a report made under section 257-I with respect to any cheri or hutting ground, and after giving an opportunity of being heard to the owner or owners thereof, pass a resolution to the effect that the cheri or hutting ground is an unhealthy area and that in its opinion, the purchase or acquisition of the cheri or hutting ground, or of 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
1[257Q. Proportions of area or cheri or hutting ground to be shown in standard plan as streets, passages and open lands
( 1) No standard plan approved for a cheri or 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 cheri or 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 buildings or huts.
( 2) In calculating the said proportions of one-third and one-half of any such area, no tank situated therein that has not been filled up shall be taken into account.]
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1[257R. Regulation of plots by standard plan and compensation for adjustments of plots
( 1) When the land included in a cheri or 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 cheri or hutting ground shall, as far as practicable, provide--
(a) for one or more buildings or huts being completely contained in each such plot, and
(b) for such proportion of each such plot being taken for streets, passages and open land as is specified in section 257-Q.
( 2) If a greater proportion of any one such plot than the proportion specified in section 257-Q is so taken, such standard plan shall indicate--
(i) th
1[257 S. Streets and passages shown in standard plan if not public streets to remain private
( 1) Every street or passage in a cheri or hutting ground which is shown in the standard plan approved under this Chapter for that cheri or 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 219, be deemed to be a private street and the portion thereof which falls on the land of each owner shall belong to such owner :
Provided that any portion of any such street or passage which is situated on land purchased or acquired under section 257-N shall remain the property of the corporation.
( 2) Every such private street shall, at all times, be kept open for scavenging purposes and for all other purposes of this Act in
1[257T. Bathing arrangements and privy accommodation in cheri or hutting ground asshown in standard plan, to be kept open for use of tenants
The bathing arrangements and privy accommodation in a cheri or hutting ground, which are shown in the standard plan approved under this chapter for such cheri or hutting ground as being common to use of all or some of the tenants of the cheri or hutting ground, shall at all times be kept available for the use of such tenants.
Provided that, notwithstanding anything contained in the Indian Limitation Act, 1908, if at any time the land on which any such bathing arrangements or privy accommodation are provided ceases to form part of such cheri or hutting ground, no such use shall, by reason of any lapse of time, be held to confer any right on any person so as prejudicially to affect the rights of the o
1 [257U. Owner of land in cheri or hutting ground to maintain certain conveniences on his land
(1) The owner or owners of any land in a cheri or 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 bathing arrangements, common privy accommodation, means of lighting, means of water-supply and other works on the land as may be shown in the plan.
(2) The commissioner may, at any time, cause a notice to be served upon such owner requiring him so to maintain such streets, passages, drains, common bathing arrangements, common privy accommodation, means of lighting, means of water-supply and other works :
Provided that any convenience made by the owner of
1[257V. Right of owner of land and owner of building, or hut over streets, land and drains shown in standard plan
(1) The owner of any land in a cheri or hutting ground, for which a standard plan has been approved under this chapter, shall be deemed to 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 cheri or 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 cheri or hutting ground shall be deemed to be the occu
1[257W. Cheri or hutting ground when to be deemed a remodelled cheri or hutting ground
When a cheri or hutting ground has been brought into conformity with the standard plan approved under this chapter for such cheri or hutting ground, it shall be deemed to be a remodelled cheri or hutting ground.]
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1. Inserted by section 125 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[257X. Power of owner to take land out of category of cheri or hutting ground in certain cases
(1) The owner of any land included in a cheri or hutting ground and bearing a separate number in the assessment-book may, at any time, whether a standard plan for the cheri or 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 the2[standing committee] under this Chapter, of a standard plan for such cheri or hutting ground.
(2) From the date of such notice no application shall be entertained for erecting on such land any new building or hut or adding to any buildin
1[257Y. Power of2[standing committee] to prescribe alignments for cheri or hutting ground streets
(1) In any cheri or 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, the2[standing committee] may, after considering the objections, if any, of any owner of land in such cheri or hutting ground, or in such area, prescribe alignments, not more than sixteen feet in width, for such private streets as it may think fit.
(2) When the land within such cheri or hutting ground or area is owned by more owners than one, each owning one or more separate plots of such land, such alignments shall as far as practicable, be so prescribed as not to occupy, within any such plot, more than one-fourth of the area thereof and shall not ordinarily
1[257Z. Power of commissioner to require removal of existing huts within the street or hut alignment in cheri or hutting ground
(1) In any cheri or hutting ground, at any time after the expiration of seven years from the time when any alignment has been prescribed--
(a) for a street under section 257-Y, or
(b) for buildings or huts,
the commissioner may, by notice, require the owner of the land or the owners or occupiers of existing buildings or huts to remove such buildings or huts or portions thereof as fall--
(i) within any such prescribed street alignment, or
(ii) within six feet on either side of any such prescribed building or hut alignment as the case ma
1[257AA. Power of commissioner to require space to be kept between masonry building in cheri or hutting ground and centre line of cheri or hutting ground street
Any person who erects a masonry building--
(a) in any cheri or hutting ground in respect of which a standard plan has been2[approved under sections 257-C, 257-D or 257-J], or
(b) in any cheri or hutting ground or area in respect of which alignments for streets have been prescribed under section 257-Y,
shall, if so required by notice issued by the commissioner, leave a clear space of fifteen feet 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.]
&n
1[257BB. Application of provisions of this chapter to alterations or additions
(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 cheris or 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 purposes of this section.
(2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position of dimensions of a building, hut or room, such question shall be referred to the2[standing committee] whose decision sh
(1) If any1[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 such1[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 such1[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 387.
(3) If in the commissioners opinion, the said1[structure] is imminently dangerous to the inmate thereof, the commissioner shall order
Section 258 of the Chennai City Municipal Corporation Act, 1919, confers powers upon the Corporation to take preventive or remedial action in respect of structures deemed dangerous or in a ruinous state. It is a vital statutory provision aimed at safeguarding public safety and maintaining urban order by enabling the authorities to act against hazardous structures, often in cases of dilapidation, unsafe conditions, or imminent collapse.
Section 258 provides that:- If the Commissioner deems a structure to be in a ruinous or dangerous condition, he may, by notice, require the owner or occupier to fence off, take down, secure, or repair the structure to prevent danger.- In urgent cases, the Commissioner can himself take immediate action before issuing notice, such as fencing, taking down, or securing the structure, with the cost recoverable from the owner.- If the structure is imminently dangerous, the Commissioner shall order immediate evacuation, and disobedience may lead to removal by police.
Section 258 of the Chennai City Municipal Corporation Act, 1919, is a vital tool for urban safety, allowing the Corporation to act against structures that pose imminent danger to public life and property. Its exercise must be grounded in proper inspection, expert opinion, and adherence to principles of natural justice. Courts have emphasized that powers under this section should not be misused for eviction or extraneous purposes, and all actions must be fair, transparent, and based on bona fide safety concerns.
(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 to1[endanger any person or any structure], the commissioner may, by notice, require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary, the commissioner may himself, before giving such notice or before the period of notice expires secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such temporary measures, as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner provided in section 387.
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1. Substituted for the words "endanger any pers
If any tank, pond, well, hole, stream, dam, bank or other place be deemed by the commissioner to be for want of sufficient repair, protection or enclosure, dangerous to the passers-by, or to persons living in the neighbourhood, the commissioner may, by notice, require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
(2) If immediate action is necessary, the commissioner may himself, before giving such notice or before the period of notice expires, take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in section 387.
The commissioner may, by notice, require the owner of any1[structure], booth or tent partly or entirely composed of, or having any external roof, veranda, pandal,2[fence] or wall partly or entirely composed of, cloth, grass, leaves, mats or other inflammable materials to remove or alter such1[structure], booth, tent, roof, veranda, pandal,2[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 of timber, firewood, or other combustible things to take special steps to guard against danger from fire.
(3) Where the commissioner is of opinion that the means of egress from any1[structure] are insufficient to allow of safe exit in the event of fir
262.1[Omitted]
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1. Omitted by section 85 of Tamil Nadu Act 28 of 1978.
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 neighbourhood thereof or creates or is likely to create a nuisance, the commissioner may, with the approval of the1[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.
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1. Substituted for "circle committee concerned" by Tamil Nadu Act 22 of 1971.
(1) If in the opinion of the commissioner--
(a) any pool, ditch, tank, well, pond, bog, swamp, quarry-hole, drain, cess pool, pit, water-course, or any collection of water, or
(b) any land on which water may, at any time, accumulate,
is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the commissioner may, by notice, require the owner or person having control thereof to fill up, cover over, weed, stock with larvicidal fish, treat with kerosene oil, drain or drain off the same in such manner and with such materials as the commissioner shall direct, or to take such order with the same for removing or abating the nuisance as the commissioner shall direct.
(2) If a person on whom a requisition is made under sub-s
1 [(1) The commissioner may, by notice, require the owner or of person having control over any private water-course, spring, tank, well or other place the water of which is used for 2 [* * *] 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 2 [* * *] 3 [bathing or washing clothes, as the case may be, is proved to the satisfaction of the commissioner to be] unfit for that purpose, the commissioner may by notice, require the owner or person having control thereof to--
(a) refrain from using or permitting the use of such water, or
&n
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 the public health.
268.1[Omitted]
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1. Omitted by section 85 of Tamil Nadu Act 28 of 1978.
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 land1[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 neighbourhood] to cleanse, clear or2[otherwise put the building or land in proper state or to clear away and remove such vegetation, trees or growth] within twenty-four hours or such longer period and in such manner as may be specified in the notice.
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1. Substituted for the words "which is in a filthy or unwholesome state or overgrown with prickly-pear of other noxious vegetation" by section 131(i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted for the words "otherwise
1 [270A. Abatement of nuisance from dust, smoke, etc.
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 neighbourhood of such building or land, by the emanation of dust, floating particles, smoke, unwholesome smell, 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.]
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1. Inserted by section 132 of the Chennai City Municipal (A
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 hedges bordering on the said street so that they may not exceed such height from the level of the adjoining roadways 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 of any building to limewash or otherwise cleanse the building inside and outside in the manner and within a period to be specified in the order.
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 the 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 neighbourhood, or is for any reason likely to endanger the public health or safety, or
(b) that a block or group of buildings is for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid,
he may, by notice, require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings, or portions of bu
(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 the1[standing committee] to prohibit the further use of such building for such purpose, and the1[standing committee] may, after giving the owner and occupiers thereof a reasonable opportunity of showing cause why such order should not be made, make a prohibitory order as aforesaid.
(2) When any such prohibitory order has been made, the commissioner shall communicate the purport thereof to the owner and occupiers of the building and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier shall use or suffer it to be used for human habitation until the commissioner certifies in writing that the causes rendering it unfit for human habitation h
(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 so over-crowded as to endanger the health of the inmates thereof, he may apply to a magistrate to abate such overcrowding; and the magistrate after such inquiry as he thinks fit to make may, by written order, require the owner of the building or room, within a reasonable time, not exceeding four weeks, to be laid down in the said order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper.
(2) The 1 [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.
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(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 in virtue of his powers under this Chapter or under section 380, 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
No person shall be entitled, save as provided in sections 264 and 273, to compensation for any damages sustained by reason of any action taken by a municipal authority in pursuance of its powers under this chapter.
General Provisions as to licences
Nothing in this Chapter shall be construed as requiring the1[Central Government] or the2[State Government] to take out a licence in respect of any place in the occupation or under the control of3[such Government] or in respect of any property belonging to4[the Government.]
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1. Substituted for the words Government of India" by the Adaptation Order of 1937.
2. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
3. Substituted for the words "the Government" by section 134 of the Chennai City Municipal (Am
1[279. Prohibition in respect of lodging houses
(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 lodging house, eating-house, tea-shop, coffee-house, cafe, restaurant, refreshment room, or any place, where the public are admitted for repose or for consumption of any food or drink or any place where food is sold or prepared for sale:
2[Provided that no such licence shall be required for a lodging house as defined in the3[Tamil Nadu] Public Health Act, 1939, if the keeper thereof been registered under that Act.]
Explanation.-- "Lodging house" means a hotel, boarding house, choultry or rest-house other than a choultry or rest-house maintained by the Government or a local authority, unlicensed emigration de
280. Prohibition in respect of keeping animals1[and birds] and feeding animals
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 animal1[or bird] on his premises so as to be a nuisance or so as to be dangerous; or
(c) feed or permit to Sbe fed on filth any animal, which is kept for dairy purposes or may be used for food.
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1. Added by section 136 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
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If any dogs1[or pigs] not taxed under section 1162[or monkeys] are found straying, the same may be summarily destroyed by any person authorised in that behalf in writing by the commissioner.
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1. Inserted by section 71 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
2. Substituted for the words "or pigs" by section 71 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit,1[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 rSestrictions and regulations as he thinks fit, grant or refuse to grant such licence:
2[Provided that this section shall not apply to any place licensed as a place of public entertainment or resort under the3[Tamil Nadu] Places of Public Resort Act, 1888.]
(3) No person shall, without or otherwise than in conformity with a licence use any place4[or allo
(1) All stables, cattle-sheds and cow-houses 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 connected with a sewer, or be demolished.
(3) Every such notice 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 shall be borne by the owner.
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 in grounds on which it proceeds.
1[285. Provision of landing places, cart-stands, etc.
(1) The commissioner may construct or provide public landing places, halting places, cart-stand, cattle-sheds and cow-houses and may charge and levy such fees for the use of the same as the2[standing committee] may fix.
Explanation.-- A cart-stand shall, for the purposes of this Act, include a stand for carriages including motor vehicles within the meaning of the2[Motor Vehicles Act, 1939] and animals.
(2) A statement of the fees fixed by the3[standing committee] for the use of each such place, shall be put up in,4[English and Tamil] 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 co
1[285A. Prohibition of use of public place or sides of public street as cart-stand, etc.
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 the2[standing committee] of any public place or the sides of any public street:
3[Provided that nothing contained in this section shall be deemed to authorise the commissioner to prohibit the use of any place in the city by the State Government as a stand solely for motor vehicles belonging to the Transport Department of the State Government.]
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1. Substituted by section 138 of the Chennai City Municipal (Amendment) Act
1[285B. Recovery of cart-stand fees, etc.
(1) If the fee leviable under subsection (1) of section 285 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 authorized to receive and sell such property and the commissioner shall forthwith give notice to the owner of the property seized, or if the owner is not known or is not resident w
1 [285C. Licence for private cart-stand
(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 license shall be made by the owner of the place in respect of which the licence is sought 2 [not less than forty-five and not more than ninety days before the opening of such place as a cart-stand or the commencement of the year] for which the licence is sought to be renewed, as the case may be.
(3) The commissioner shall, as 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
1Carcasses of animals
(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 of the division of the city in which the death occurred, with a view to his causing the same to be removed.
(2) When any carcass is so removed by the health department, a fee for th
(1) No place within the limits of the city shall be used for any of the purposes mentioned in Schedule VI without a licence obtained from the commissioner and except in accordance with the conditions specified therein;
1[Provided that no such licence shall be required for the use of any place for a lodging house as defined in the2[Tamil Nadu] Public Health Act, 1939 if the keeper thereof has been registered under that Act.]
(2) The commissioner shall, if so required by the council, publish a notification in the3[Official Gazette] and in two or more local newspapers that any place at a distance within three miles of the limits of the city shall not be used for any one or more of the purposes mentioned in Schedule VI without a licence obtained from the commissioner and except in accordance with the conditions specified therein:
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288.1[Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed
(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 instal in any2[place] any machinery or manufacturing plant driven by steam, water, electric or other power3[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 permissions to undertake the intended work.
1[289. Commissioner may issue directions for abatement of nuisance caused by steam or other power
(1) If, in any factory, workshop or workplace in which 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
1[289A. Power of commissioner to require owner of factory, workshop, etc. to put and maintain the factory, workshop, etc., in a cleanly state
Whenever it shall appear to the commissioner that any factory, workshop, workplace or any building or place in which 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 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 the dangerous to life or limb, the co
1[289B. Power of commissioner to require owner or occupier of factory, etc., to discontinue the use of such factory, etc.
Whenever it shall appear to the commissioner that any factory, workshop or work-place or any building or any building or any place in which 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 purpose that may be specified in such notice.]
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1[289C. Commissioner may enter any factory, workshop or work-place
(1) The commissioner or any person authorized by him in this behalf may enter any factory, workshop or work-place--
(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 night if he has reason to believe that any offence is being committed against sections 288, 289, 289-A or 289-B.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of the force necessary for the purpose of effecting an entrance under this section.]
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1[289D. Power of State Government to pass orders or give directions to commissioner
The2[State Government] may either generally or in any particular case make such order or give such directions as they may deem fit in respect of any action taken or omitted to be taken under sections 288, 289, 289-A or 289-B.]
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1. Sections 287 to 289-D were substituted for original sections 287 to 290 and the heading to section 290, viz., "Depots for combustibles" by section 140 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was
290.1[Omitted]
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1. Sections 287 to 289-D were substituted for original sections 287 to 290 and the heading to section 290, viz., "Depots for combustibles" by section 140 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
The council shall set apart place for use by the public for bathing purposes and for washing animals.
(1) The commissioner may construct or provide and maintain1[public bathing-houses], public wash-houses or places for the washing of clothes, and may2[charge and levy such rents and fees] for the use of any such1[bathing-houses], wash-house or place as the3[standing committee] may determine.4[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 wash-houses or places be not maintained under sub-section (1), the commissioner may, without making any charge therefor, appoint suitable places for the exercise by washermen of their calling.
5[(4) In public wash-house
(1) The commissioner may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, either within the city or outside the city within three miles of the boundary thereof, except at--
(a) public wash-houses or places maintained or provided under section 292; or
(b) such other places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes, except for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within or without municipal limits other than a public wash-house or a place maintained or appointed under his Act:
Provided that this sec
(1) The council shall provide a sufficient number of places for use as municipal slaughter-houses and1[the commissioner may charge and levy such rents and fees for their use and the2[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 arid fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.
(3) Municipal slaughter-houses may be situated within, or with the sanction of the3[State Government], without the city.
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1. These words were substituted for the words "the commissioner with the approval of the standing committee, may charge such rents and fees f
1 [(1) The owner of any place within the limits of the city or at a distance within three miles of such limits which is used as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of carcasses 2 [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]:
Provided that this sub-section shall not take effect in any area outside the limit of the city except with the previous sanction of the 3 [State Government.]
(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.
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The commissioner may allow any animal to be slaughtered in such places as he thinks fit on occasions of festivals and ceremonies or as a special measure.
No person shall slaughter within the city1[except in municipal or licenced slaughter house] any cattle, horse, sheep, goat or pig for sale or food or skin or cut up any carcasses without or otherwise than in conformity with a licence from the commissioner or dry or permit to be dried any skin in such a manner as to cause a nuisance.
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1. Inserted by section 144 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
The commissioner may authorize any person to slaughter without licence and without the payment of any fee any animal for the purpose of a religious ceremony.
The milk trade
(1) No person shall without or otherwise than in conformity with a licence from the commissioner--
(a) 1 [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 2 [within the city];
(b) use any place in the city for the sale of milk or dairy produce:
3 [Provided that no such licence shall be given to any person who is suffering from a dangerous disease:
Provided further that such licence shall be deemed to have been suspended while the person to whom it is granted is suffering from a dangerous disease.]
(2) Such licence may be refused or may be granted either unconditionally or 4
All markets which are1[acquired], constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets.
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1. Inserted by section 146 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
(1) The council may provide places for use as public markets.
1[(2) The commissioner may in any public market charge and levy any one or more of the following fees at such rates as the2[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 farm out such fees on such terms and subject to such conditions as he may deem fit--
(a) fees for the use of, or for the right to expose goods for sale, in such markets;
(b) fees for the use of shops, stalls, pens or stands in such markets;
(c) fees on vehicles or pack-animals carrying, or on persons bringing, goods for sale in such markets;
(d) fees on animals brought for sale
1[302. Commissioners control over public market
(1) No person shall, without the permission of the commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.
(2) Any person who contravenes sub-section (1) or any condition of the licence or any regulation made under section 308 or any by-law made under section 349 or who commits default in payment of the fees leviable under section 301 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 determine without prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 301 a
(1) The council shall determine whether the establishment of new private markets for the sale of or for the purpose of exposing for sale animals intended for human food or any article of human food shall be permitted in the city or any specified part of the city.
1[(2) (a) No person shall establish any new private market without or otherwise than in conformity with a licence issued by the commissioner with the sanction of the2[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 sought3[not less than forty-five and not more than ninety days], before such place is opened as a market.]
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(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 1 [(not less than forty-five and not more than ninety days before the commencement of the year for which licence is sought.]
(2) The commissioner may by an order, 2 [subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, 3 [* * *] 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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1[304A. Period of licence
Every licence granted under section 303 or section 304 shall expire at the end of the year for which it is granted.]
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1. Inserted by section 15 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[304B. Licence fee for private markets
When a licence granted under section 304 permits the levy of any fee or fees, of the nature specified in subsection (2) of section 301, a fee not exceeding fifteen per cent of the gross income of the owner from the market in the preceding year shall be charged and levied by the commissioner for such licence.]
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1. Inserted by section 15 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.
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 1 [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 2 [and light] properly and provide it with a supply of water;
(d) provided passages of sufficient width between the stalls 3 [and make such alternation in the stalls, passages, shops, doom or other parts
(1) If any person, after notice given to him in that behalf by the commissioner, fails within the period and in the manner laid down in the said notice to carry out any of the works specified in section 306, the commissioner may1[* * *] 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.
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1. Omitted for the words "with the sanction of the standing committee" by section 78 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
The commissioner may, with the approval of the 1 [standing committee] make regulations, not inconsistent with any provision of this Act, or of any by-law made under section 349--
(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, slaughterhouse and place specified under section 296 in a cleanly and proper state, and for removing filth and rubbish therefrom;
(d) requiring that any market-building, market-place, bazaar, slau
1[308A. Acquisition of rights of private persons to hold private markets
(1) The council may acquire the rights of any persons to hold a private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894, and such rights shall be deemed to be land for the purposes 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.]
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1. Inserted by section 153 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[308B. Duty of expelling lepers, etc., from markets and power to expel disturbers
The person in charge of a market shall prevent the entry therein of and shall 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 therefrom any person who is creating a disturbance therein.]
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1. Inserted by section 153 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [(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 2 [flesh, fish or poultry intended for human food--
(a) in any place within the limits of the city; or
(b) in any place within three miles of such limits and not included in any municipality constituted under the 3 [Tamil Nadu] District Municipalities Act, 1920:]
Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in air-tight and hermetically sealed receptacles:
4 [Provided further that no licence shall be required for any place included in a public market under the 3 [Tamil Nadu] D
The commissioner may, with the sanction of the1[standing committee], prohibit by public notice or licence or regulate the sale or exposure for sale, of any2[animal, bird or article] in or any public street or part thereof.
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1. Substituted for "central committee" by Tamil Nadu Act 22 of 1971.
2. Substituted for the word "articles" by section 155 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[310-A. Decision or disputes as to whether
If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of live-stock or poultry, of cotton, groundnut or other industrial crops or of any other raw or manufactured products, is a market or not, the commissioner shall make a reference to the2[State Government] and the decision of the2[State Government] on the question shall be final.
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1. Inserted by section 156 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. The words "Provincial Government"" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the A
It shall be the duty of the commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter, oil and any other articles exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale.
(1) The commissioner or any person 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 articles of food are being manufactured or exposed for sale, at any time by day or night, when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any utensil or vessel used for manufacturing, preparing or containing any such article.
(2) If the commissioner or any person so authorized by him has reason to believe that in any place any animal intended for human food is being slaughtered or any carcass is being skinned or cut up or that any food is being manufactured, stored, prepared, packed, cleansed, kept or exposed for sale, or sold without, or otherwise than in conformity with a licence, he may enter any such place withou
No person shall, in any manner whatsoever, obstruct the commissioner or person duly authorized by him in the exercise of his powers under last preceding section.
1[314. Power of commissioner to seize diseased animal, noxious food, etc.
If it appears to the commissioner or a person duly authorised by him--
(a) that any animal, poultry offish intended for food is diseased, or
(b) that any article of food is noxious, or
(c) that any utensil or vessel used in manufacturing, preparing or containing any article of food is of such kind or in such state as to render the 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.
Explanation.--Meat subjected to the process of blowing shall be deemed to be noxious.]
No person shall remove or in any way interfere with anything secured under the last preceding section.
(1) When any animal, poultry, fish or other article of food1[or any utensil or vessel] is seized under section 314, it may, with the consent of the owner or person in whose possession it was found, be forthwith destroyed,2[* * *] and if the article is perishable, without such consent.
(2) Any expense incurred in destroying anything under sub-section (1) shall be paid by the owner or person in whose possession such thing was at the time of its seizure.
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1. Inserted by section 158 (i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Omitted for the words "in such manner as to prevent its being used for human food or exposed for sale" by section 158(ii) of the Chennai City Municipal (Amendment) Ac
(1) Articles of food, animal, poultry, fish, utensils, or vessels seized under section 314, and not destroyed under section 316 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 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 diseased, 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 314, 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 the same being again exposed or hawk
If it appears to the commissioner that there is no owner or person having the control of any place used for burying, burning, or otherwise disposing of the dead, he shall assume such control and register such place, or may, with the sanction of the council, close it.
(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 within or1[with the sanction of the2[State Government]] without the limits of the city and may3[charge and levy rents and fees] for the use thereof.
(2) If the corporation provide 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 place and all offences against such provisions or by-laws shall be cognizable by the presidency magistrates as if such place were within municipal limits.
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1. Inserted by section 159 (i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
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(1) A book shall be kept at the municipal office in which the places registered, licensed or provided under section 318, section 319 or section 320, 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 English and1[in Tamil] to some conspicuous place at or near the entrance to the burial or burning ground or other place as aforesaid.
(3) The commissioner shall annually publish a list of all places registered, licensed, or provided as aforesaid or provided by the Government.
(4) No person shall bury, burn or otherwise dispose of any corpse except in a place which has been registe
The person having control of a place for disposing of the dead shall given 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 the1[State Government], authorize the burial in such vault of near relatives of the family to whom it belongs.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
(1) If the commissioner is of opinion--
1[(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 the2[State Government] is in such a state or situation as to be or to be likely to become dangerous to the health of persons living in the neighbourhood thereof, or,]
(b) that any burial ground is overcrowded with graves and if in the case of public burial or burning ground or other place as aforesaid another convenient place duly authorized for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place,
he may, with the consent of the council and the previous sanction of the3[State Government], give notice that it shall not be lawful after a period to be named in such
1[325. Prohibition in respect ofcorpses
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 five feet 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 two feet from the margin of any other existing grave; or
(c) without the sanction in writing of the commissioner or an order in writing of a magistrate, re-open a grave already occupied; or
(d) convey or cause to be conveyed a corpse or part thereof to any burial or bu
1[325A. Fencing, etc., of private burial ground
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.]
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1. Inserted by section 162 of Tamil Nadu Act X of 1936.
No person shall discharge the office of a grave-digger or other attendant at a public place for the disposal of the dead (other than a place provided by the Government) unless he has been licensed in that behalf by the commissioner.
In this Chapter, "hoarding" means any screen of boards at any place, whether public or private used or intended to be used for exhibiting advertisement, including the frame work or other support, erected, wholly or in part upon or over any land, building, wall or structure, visible to public wholly or partly.
(1) No hoarding shall be erected at any place, on or after the 23rd day of July, 1998 (hereafter in this section referred to as the said date) by any person without obtaining a licence from the1[District Collector]:
(2) Every person who has erected any hoarding without obtaining a licence and which is in existence immediately before the said date shall apply for a licence in accordance with the provisions of this Chapter within thirty days from the said date.
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1. Substituted for the word "Commissioner" by Tamil Nadu Act 19 of 2003.
(1) Every application for licence under this Chapter shall be made to the 1 [District Collector] in such form, containing such particulars and with such fee, as may be prescribed.
(2) The 1 [District Collector] may, after local inspection, grant a licence with such conditions or directions, subject to such rules as may be prescribed.
(3) The 1 [District Collector] may refuse to grant licence for reasons to be recorded in writing:
Provided that a licence shall not be refused unless the applicant has been given an opportunity of making his representation.
(4) Every licence granted under sub-section (2) shall be valid for such period as may be prescribed and may be renewed from time to time.
2 [(5) The fee p
1 [326CC. Tax on advertisement on hoardings
(1) Notwithstanding anything contained in this Act, every person, who is granted licence under section 326-C shall pay, on every advertisement on hoardings, a tax calculated at such rates as may be prescribed, having regard to the location, size, reach and nature of the advertisement but subject to the maxima and minima specified in the Table below.--
THE TABLE
SL. NO. LOCATION AND NATURE RATES OF TAX PER SQUARE METRE PER HALF-YEAR (RUPEES)
(1) (2)
Minimum Maximum
1. Hoardings in arterial road with bus route --
(a) without lighting 250 400
(1) Without prejudice to any other penalty to which the licensee may be liable under this Chapter, the 1 [District Collector] may at any time, by order in writing, cancel or suspend any licence granted or renewed under section 326-C, if--
(a) such licence has been obtained by fraud, mis-representation or suppression of material particulars; or
(b) the licensee has contravened any of the provisions of this Chapter or the rules made thereunder or any of the conditions subject to which the licence was granted.
(2) Before cancelling or suspending a licence under sub-section (1), the 1 [District Collector] shall give the licensee, an opportunity of making his representation.
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1. Substitu
Any hoarding erected without a licence shall be confiscated and removed by the1[District Collector], without giving any notice.
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1. Substituted for the word "Commissioner" by Tamil Nadu Act 19 of 2003.
(1) Where any hoarding is retained after the expiry of the licence or erected contrary to the conditions of licence, the1[District Collector] may, by notice in writing, require the licensee to remove such hoarding within such time as may be prescribed.
(2) Where the hoarding is not removed within the time specified in the notice, the1[District Collector] shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue.
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1. Substituted for the word "Commissioner" by Tamil Nadu Act 19 of 2003.
Nothing contained in this Chapter shall apply to any hoarding on which is exhibited any advertisement which relates to,--
(i) the trade or business carried on within the land or building, upon or over, which such hoarding is erected or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in such land or building; or
(ii) the name of the land or building, upon or over which the hoarding is erected or to the name of the owner or occupier of such land or building:
Provided that the exemption under this section shall be subject to such size and nature of hoarding as may be prescribed.
(1) An appeal shall lie to the 1 [State Government] from an order of refusal to grant or renew a licence or cancelling or suspending a licence by the 2 [District Collector] under this Chapter within thirty days from the date of receipt of the order.
(2) The appeal shall be in such form and in such manner and shall accompany with such fee, as may be prescribed.
(3) On receipt of such appeal, the 1 [State Government] may, after making such inquiry as may be necessary and giving a reasonable opportunity to the appellant to be heard, pass such order as it deems fit.
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1. Substituted for the words "Standing Committee" by Tamil Nadu Act 19 of 2003.
2. Substituted for the word "Commissioner
Whoever contravenes any of the provisions of this Chapter or any rule or order made thereunder or obstructs lawful exercise of any power conferred by or under this Chapter shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both.
1 [326J. Prohibition of erection of certain hoardings
Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgement, decree or order of any court, tribunal or other authority,--
(a) (i) Where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the 2 [District Collector] shall by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice:
&
(1) The corporation shall register all births and deaths occurring in the city.
(2)1[Information of births and deaths shall be given and their registration] shall be made and enforced in the prescribed manner.
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1. Substituted for the words "Such registration" by section 163 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[328. Omitted]
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1.Omitted by section 164 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
The1[State Government] may, by notification, declare any epidemic, endemic or infectious disease2[not already notified under clause (10) of section 3] to be a "dangerous disease" for the purposes of this Act.
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1. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
2. Substituted for the words "not already specified in sub-clause (a) of section 3, clause (10)" by section 82 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu 56 of 1961).
(1) If any medical practitioner becomes cognizant of the existence of any dangerous disease in any private or public dwelling in the city, he shall inform the commissioner, the health officer, the medical registrar of the district, or the sanitary inspector of the division with the least 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 municipal limits, during such period and to such officer as the commissioner may, prescribe, of all deaths from or occurrences of dangerous disease in his house.
Explanation.--Sub-sections (1) and (2) shall apply to a hakim or a vaidyan.
The commissioner1[or health officer] may at any time by day or by night without notice, or after giving such notice as may appear to him reasonable, inspect any place in which any dangerous disease is reported or suspected to exist,2[and except in cases where he is satisfied that adequate arrangements have been made or exist for the proper care and treatment of the person who is suffering or is suspected to be suffering from any dangerous disease, remove or cause to be removed such person to any government or municipal medical institution intended for the treatment of patients suffering from such disease, and take such other measures] as he may think fit to prevent the spread of such disease.
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1. Inserted by section 165(i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
&nbs
The commissioner may provide and maintain suitable conveyances for the free carriage of persons suffering from any dangerous disease.
(1) If, in the case of any person in hospital, it appears to the officer in charge of it that such person is suffering from a dangerous disease or if, in the case of any other person it appears to the health officer or assistant health officer 1 [whether on a certificate signed by a medical practitioner registered under the 2 [Tamil Nadu] Medical Registration Act, 1914, or otherwise] that such person is suffering from a dangerous 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 or assistant health officer, as the case may be, considers, that such p
(1) If the commissioner1[or health officer] is of opinion that the cleansing or disinfecting of a building or of any part thereof, or of any article therein which is likely to retain infection will tend to prevent or check the spread of any dangerous 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 commissioner1[or health officer] considers that immediate action is necessary or that the owner or occupier is, by reason of poverty or otherwise, unable effectually to comply with his requisition, the commissioner1[or health officer] may himself without notice cause such building or article to be cleansed or disinfected, and
(1) If the commissioner is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any dangerous disease, he may, after giving to the owner or occupier of such hut or shed such previous notice of his intention as may, in the circumstances of the case, appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
(2) Compensation shall be paid by the commissioner to any person who sustains substantial loss by the destruction of any such hut or shed; but, except as so allowed by the commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.
(1) The commissioner may--
(a) provide proper places with all necessary attendants and apparatus, for the disinfection of conveyances, clothing, bedding, or other articles which have been exposed to infection1[from any dangerous disease], and
(b) cause conveyances, clothing, bedding or other articles brought for disinfection to be disinfected free of charge or subject to such charges as may be approved by the2[standing committee].
(2) The commissioner3[shall from time to time notify places] at which conveyances, clothing, bedding, or other articles which have been exposed to infection1[from any dangerous disease] shall be washed 5[and disinfected] and no person shall wash4[or disinfect] any such article at any place not so notified.
(3) The commissi
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 dangerous 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.
1[337A. Prohibition against infected person carrying on occupation
If any person knows or has been certified by the health officer, a medical officer in the service of the2[Government] or of the corporation or a medical practitioner registered under the3[Tamil Nadu] Medical Registration Act, 1914, that he is suffering from a dangerous 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.]
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1. Inserted by section 169 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. The word "Crown" was substituted for the word "Government" by the Adaptation Order of 1937 and the word "Government" was substituted for "Crown" by t
(1) No person who is suffering from any dangerous 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 driver
(1) The owner, driver or person incharge of any public conveyance in which any person suffering from a dangerous 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 authorized 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 a dangerous disease until the health officer has granted a certificate that such building 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 dangerous disease within the city, the commissioner may, with the sanction of the1[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 the1[standing committee].
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1. Substituted for "central committee" by Tamil Nadu Act 22 of 1971.
No person being the parent or having the care or charge of a minor who is or has been suffering from a dangerous 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 in his opinion such minor may attend without undue risk of communicating such disease to others.
(1)1[No person who is suffering from an infectious disease shall take any book] or use or cause any book to be taken for his use from or in any public or circulating library.
(2) A person shall not permit any book which has been taken from a public or circulating library, and is under his control, to be used by any person whom he knows to be suffering from 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 book has been so exposed to infection, and the commissioner shall cause the book to be disinfected and returned to the library or to be destroyed.
(4)
1[343A. Power of commissioner to prohibit use of water likely to spread infection
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 engender or caused the spread of any dangerous disease, the commissioner may, by public notice, prohibit the removal or use of such water for drinking and domestic purposes during a specified period].
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1. Inserted by section 171 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[344. Compulsory vaccination
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].
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1 . Substituted by section 2 of the Chennai City Municipal (Amendment) Act, 1955 (Tamil Nadu Act IV of 1955). This was brought into force on the 1st January, 1956. The original section was substituted by section 172 of Tamil Nadu Act X of 1936.
Where an inmate of any dwelling place within the city is suffering from small-pox, the head of the family to which the inmate belongs and, on his default, the occupier or person incharge of such place, shall inform the commissioner, the health officer, the medical registrar of the district, or the sanitary inspector of the division, with the least practicable delay.
(1) Inoculation for smallpox is prohibited.
(2) No person who has undergone the operation of inoculation shall enter the city before the lapse of forty days from the date of inoculation without a certificate from a medical practitioner of such class as the council may authorize to grant such certificates stating that such person is no longer likely to produce small-pox by contact or near approach.
347. Power of 1 [State Government] to make rules
(1) The 1 [State 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) provided for all matter expressly required or allowed by this Act to be prescribed;
2 [(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;
3 [(bb) provide for the procedure to be followed at meetings of the 4 [standing committee] 5 [* * ** ] and for the conduct of business and the number of members which shall form a quoru
The power to make rules1[and the power to issue notifications under this Act] are subject to the following conditions--
2[(a) A draft of the rules under section 347 or of a notification under section 45 shall be published in the Official Gazette and forwarded to the council for its opinion.
(b) Such draft shall not be further proceeded with until three weeks after such publication or until such later date as the State Government may appoint].
(c) All rules made under section 347 shall be published in the3[Official Gazette] and upon such publication shall have effect as if enacted in this Act.
4[(d) Every rule made under this Act other than that made under sub-section (3) of section 347 and5[every notification issued under sub-section (2) of section
The council may make by-laws, not inconsistent with this Act or with any other law to provide--
1 [(1) for all matters expressly required or allowed by this Act to be provided for by by-law;]
1 [(1 -A)] for the due performance by all municipal officers and servants of the duties assigned to them;
(2) for the regulation of the time and mode of collecting the taxes 2[and duties under this Act];
3 [(2-A) for determining the conditions under which lands shall be deemed to be appurtenant to building;]
4 [(3) * * *]
(4) for the maintenance and protection of the lighting system;
(5) (a) for the maintenance and protection of
1[350. Omitted]
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1. Omitted by section 85 of Tamil Nadu Act 28 of 1978.
In making any by-law under sections 349 and 350, the council may1[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 fifty rupees and in case of a continuing breach with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or
(b) with fine which may extend to tell rupees for every day during which the breach continues after receipt of notice from the commissioner to discontinue such breach.
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1. Inserted by the Adaptation (Amendment) Order of 1.
1[352. Confirmation of by-laws by2[State Government]
(1) No by-law made by the council under this Act shall have any validity unless and until it is sanctioned by the2[State Government.]
(2) The State Government may, at any time, by notification, repeal wholly or in part or modify any by-law:
Provided that before taking any action under this sub-section, the State Government shall communicate to the council, the grounds on which they propose to do so, fix a reasonable period, for the council to show cause against the proposal and consider its explanations and objections, if any.
(3) The repeal or modification of any by-law shall take effect from the date of the order and shall not affect any thing done, omitted to be done or suffered before such dat
The power to make bylaws under this Act is subject to the conditions--
(a) that a1[draft of the proposed by-law] is published in the2[Official 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 thereof3[in the2(Official 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 the commissioner may fix.
1Rules in lieu of by-laws
1[353A. Power of2[State Government] to make rules in lieu of by-laws
(1) If, in respect of any of the matters specified in section 349, the council has failed to make any by-laws or if the by-laws made by it are not, in the opinion of the2[State Government] adequate, the2[State Government] may make rules providing for such matter to such extent as they may think fit.
(2) Rules made under this section, may add to, alter, or cancel any by-laws 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 provisio
1[(1) when any rule or by law has been made under this Act, such rule or by-law shall be published in the2[Official Gazette] in English and3[in Tamil]. A by-law shall come into operation three months after it has been published as aforesaid.]
(2) The commissioner shall cause all rules and by-laws in force to be printed in the said languages, 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 are for sale and specify the place where and the person from whom and the price at which they are obtainable.
(4) The commissioner shall publish lists of offences and fines under this Act and the rules and by-laws made under it, and shall cause prin
Regulations made under this Act shall be published in such manner as the council may determine.
(1) Printed copies of by-laws under section 349, clauses (8) (b), (c), (d) and (9) shall be affixed at the entrances to, or elsewhere in the street, park or other place 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.
&nb
(1) Whoever--
(a) contravenes any provision of any of the sections or rules of this Act specified in the first column of Schedule VII; 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 rules;
shall on conviction be punished with fine which may extend to the amount mentioned in that behalf in the third 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 specif
1[358. Penalty for voting when pecuniarily interested and acting as councillor when not entitled
(1) If a councillor2[* * *] votes in contravention of section 34, or if any person acts as a councillor2[* * *] 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.
Penalty for acting as Mayor or Deputy Mayor when not entitled, etc.--(2) If any person acts as or exercises the functions of the Mayor or Deputy Mayor knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such function, he shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence
1[358A. Penalty for failure to obtain permission of State Government for foreign trip
Whoever undertakes a trip to any foreign country in violation of section 25-B2[shall be punished with fine which may extend to fifty thousand rupees].
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1. Inserted by Tamil Nadu Act 31 of 2002.
2. Substituted by Tamil Nadu Act 53 of 2002.
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, with by or on behalf of the corporation, he shall be deemed to have committed the offence punishable under section 168 of the Indian Penal Code:
Provided that no person shall, by reason of being a share-holder in, or member of any company, be held to be interested in any contract between such company and the corporation unless he is a director of such company.
(1) Every owner or person-in-charge of any vehicle or animal liable to tax under section 116 who omits to obtain, within 15 days of the service of a bill on him, a licence under section 121 shall, on conviction, be punished with fine not exceeding fifty rupees and shall also pay the amount of the tax payable by him in respect of such vehicle or animal.
(2) On payment of such fine and tax and of such costs as may be awarded, such owner or person shall receive a licence for the vehicle or animal in respect 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 119, fails to pay such sum and the amount due for a licence shall in such case be taken as the amount so compound
Any person who wilfully 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 re-construction 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 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, or
if any alterations or additions required by any notice issued under section 244 or section 255 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 256 fails to
(1) In the absence of a written contract to the contrary, every scavenger 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 discharged at the end of it.
Penalty for withdrawal of scavenger without notice.--(2) Should any scavenger 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 months 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 of either description which may extend to two months.
Application of sub-sections (1)
Every person who prevents the commissioner, or any person to whom the commissioner has lawfully delegated his power from exercising his power of entering on any land or into any building shall be deemed to have committed an offence under section 341 of the Indian Penal Code.
1[364A. Penalty for not giving information or giving false information
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.]
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1. Inserted by section 179 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
Licences and Permissions
(1) Every licence or permission granted under this Act or any rule or by-law made under it shall specify the period, if any, for which and the restrictions, limitations and conditions subject to which the same is granted, and shall be signed by the commissioner.
1 [(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:
2 [* * *]
Provided 3 [* * *] that not more than one fee shall be levied in respect of any purpose specified in more heads than one of Schedule VI if such heads form part of a continuous process of manufacture and the fee so charged shall not exceed the
366. Appeals from commissioner to1[standing committee]
(1) An appeal shall lie to the1[standing committee] from--
(a) any notice issued or other action taken or proposed to be taken by the commissioner--
(i) under2[section]3[129-E],4[* * *], 186, 187, 188, 190, 244, 256 (3), 258 (1), 259(1), 264(1), 265, 266, 273, 282, 283, 284, 288,5[or] 289;
(ii) under any by-law concerning4[* * *] lighting mains;
(b) any refusal by the commissioner to approve a building site under section 237, to grant permission to construct or reconstruct a building under section 2382[or] 250;
(c) any refusal by the commissioner to grant a permission under5[section]6[129-B], 181,4[* * *] o
1[367. Limitation of time for appeal
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, subject to the provisions of section 5 of the Indian Limitation Act, 1908, be presented--
(a) where the appeal is against an order granting a licence or permission, within thirty days after the date of the publication of the order on the notice board of the corporation, and
(b) in other cases within thirty days after the date of the receipt of the order or proceeding against which the appeal in made.]
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1. Substituted by section 182 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nad
1 [367A. Power of person conducting election and other enquiries
All persons authorized by rule to conduct enquiries 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 enquiries the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents, as are conferred upon revenue officers by the 2 [Tamil Nadu] Revenue Summonses Act, 1869, and the provisions of sections 2, 3, 4 and 5 of that Act, shall apply to summonses issued and to persons summoned by virtue of the powers conferred by this section; and all persons to whom summonses are issued by virtue of the said powers shall be bound to obey such summonses.]
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1[* * *]
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 the any licence, or permission under the provisions of this Act.
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1. Omitted for "Commissioners power to summon" by section 183 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
All notices and permissions given, issued or granted, as the case may be, under the provisions of this Act must be in writing
Whenever under this Act or any rule, by-law or regulation made under it the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of--
(a) the council, a1[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.
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1. Substituted for "committee constituted under this Act," by Tamil Nadu Act 22 of 1971.
(1) Every licence, permission, notice, bill, schedule, summons,1[warrant] or other document which is required by this Act or by any rule, by-law or regulation made under it to bear the signature of the commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the commissioner or of such municipal officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to2[any deed of contract].
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1. Inserted by section 184 (i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted for the words "any contract" by section 184 (ii) of the Chennai City M
1[371A. Publication of notifications
Save as otherwise provided, every notification under this Act shall be published in the2[Official Gazette], in3[English and Tamil].
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1. Inserted by section 185 of Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted for the words "Fort St George Gazettee by the Adaptation Order of 1937.
3. Substituted for the words "English, Tamil, Telgu and Hindustani" by section 89 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
1[372. Publication of order, notice or other document
Every order, notice or other document directed to be published under this Act or any rule, by-law or regulation made under it shall, unless a different method is prescribed by this Act or by the council or the2[standing committee] as the case may be, be translated into Tamil,3[* * *] and deposited in the office of the corporation and copies thereof in English and4[in Tamil] shall be pasted in conspicuous position at such office and at such other place as the council or the2[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 pasted and that the originals are open to inspection at the office of the corporation.]
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Whenever it is provided by this Act or by any rule, by-law or regulation made under it that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the same, such notice, notification or information, shall be inserted in at least one English and one1[Tamil] newspaper published in the city.
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1. Substituted for the word "vernacular" by section 91 of Tamil Nadu Act 56 of 1961.
1[373-A. Notice of prohibition or setting apart of places
Whenever the council, a2[standing committee] or commissioner shall have set apart any place for any purpose authorized by this Act or shall have prohibited the doing of anything in any place, the commissioner shall forthwith cause to be put up a notice in English and in Tamil,3[* * *] 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.]
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1. Inserted by section 187 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted for "committee constituted under this Act," by Tamil Nadu Act 22 of 1971.
3. Omitted
Service or Sending of Notices, etc.
(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 same1[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 post registered; or
(d) if none of the means aforesaid be avail
1[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.
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1. Substituted for the words "if any rent, tax or sum leviable under this Act from the owner is recovered from the occupier" by section 189 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
(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 exempt from any fine or penalty to which he might otherwise have become liable by reason of default,1[in executing such works.]
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1. Added by section 190 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, by-law, regulation or order made under it the occupier of such building or land may, with the approval of the commissioner, execute the said work, and shall be entitled or 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 commissioner1[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 of2[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 purpose of this Act or in pursuance of any of the said provisions, to make or execute:
Provided that--
(a) except when it is in this Act otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act otherwise expressly provided, no d
(1) The commissioner1[or any person authorized by him in this behalf] may with or without assistants or workmen enter on any land adjoining or within fifty yards 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 commissioner2[or such authorized person] shall, before entering on any land under sub-section (1), give the owner and occupier three days 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 commissioner2[or such authorized person] shall no
Power to enforce licensing provisions
1[379A. Consequences of failure to obtain licences, etc., or of breach of the same
(1) If, under this Act, or any rule, by-law or regulation made under it, the licence or permission of the council,2[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 for 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;
(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.
1[(3) If
1[(1) The commissioner may recover any reasonable expenses incurred under section 380 from the person or anyone 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 380, utilize any materials found on the property concerned or may sell them and apply the sale-proceeds in or towards the payment of the expenses incurred.
(2) If the person to whom notice is given is the owner of the property in respect of which it is given, the commissioner may (whether any action or other 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 recoverab
Instead of recovering any such expenses as aforesaid in the manner provided under section 387, the commissioner may, if he thinks fit and with the approval of the1[standing committee], take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon at the rate of nine per centum per annum, within a period of not more than five years.
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1. Substituted for "central committee" by Tamil Nadu Act 22 of 1971.
If the expenses to be recovered have been incurred or are to be incurred in respect of any work mentioned--
1[(a) in2[* * *] section 186, clause (b) of sub-section (1) of section 209, section 218, sub-sections (1) and (2) of section 264, section 269, section 273, section 306, or section 380; 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 the3[standing committee, declare such expenses to be improvement expenses.
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1. Substituted by section 197 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. O
(1) Improvement expenses 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 instalments of such amounts, and at such intervals, as will suffice to discharge such expenses together with interest thereon within such period not exceeding twenty years as the commissioner may in each case determine.
(2) The said instalments shall be payable by the owner or occupier of the premises on which the expenses are so charged:
Provided that when the occupier pays any such instalment, 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 son 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 an agent, trustee, guardian, manager or receiver would be bound to discharge any obligation imposed by this Act, or any rule, by-law, regulation or order made under it for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, in his hands funds belonging to the principal 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 this section, the commissioner may give him notice to apply to the discharge of such obligation as aforesaid, the first moneys which shall come to his hands on behalf or for the use of the principal or beneficial owner, as the ca
1 [387. Recovery of sum due as taxes
All costs, damages, penalties, compensations, charges, fees, rents, expenses, contributions and other sums which under this Act or any rule, by-law or regulation made thereunder 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 2 [are due by any person to the corporation] shall, if there is no special provision in this Act for their recovery, be demanded by bill containing particulars of the demand and notice of the liability incurred in default of payment and may be recovered in the manner provided by rules 21 and 28 of the rules contained in Part VI of Schedule IV unless within fifteen days from the date of service of the bill such person shall have applied to the Chief Judge of the Small Cause Court under section 388.]
1[388. Determination by Small Cause Court of sums payable
Where in any case not provided for in section 395, 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 387 the amount or apportionment of the same shall, in case of dispute, be ascertained and determined except as is otherwise2[provided in section 171, 335, 379 or 413] or in the Land Acquisition Act, 1894, by the Chief Judge of the Small Cause Court on application made to him for this purpose at any time within six months from the date when such costs, damages, penalties, compensation, charges, fees, rents, expenses, contributions or other sums first became payable.]
_____
(1) On any application under the provisions of section 388 the said Chief Judge 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 Chief Judge may hear and determine the case.
(3) In every such case the said Chief Judge shall determine the amount of the costs and shall direct by which of the parties the same shall be paid.
1[390. Recovery of sums payable by distress
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 389 is not paid by the party liable within seven days after demand, such sum may be recovered under a warrant of the Small Cause Court by distress and sale of the movable property of such party.]
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1. Substituted by section 200 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[390A. Limitation for recovery of dues
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 three years from the date on which distraint might first have been made, a suit might first have been instituted or prosecution might first have been commenced as the case may be, in respect of such sum.]
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1. Inserted by section 201 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[390B. Procedure in dealing with surplus sale proceeds
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.]
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1. Inserted by section 201 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1[391. Omitted]
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1. Omitted by section 202 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
1 [* * *] 2 [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 3 [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, 4 [the standing committee, any other committee] or the commissioner]:
Provided that failure to take out a licence, obtain permission or secure registration under this Act shall for the purposes of 5 [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 presidency magistrate having jurisdiction in the city; and such presidency magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any municipal rate or other tax or of his being benefited by the municipal fund1[* * *].
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1. Omitted for the words "to the credit of which any fine imposed by him will be payable" by the Adaptation Order of 1937.
(1) In case any fine, cost,1[tax] or other sum of money2[imposed, assessed or recoverable] by a magistrate under this Act or under any rule, by-law or regulation made under it, shall not be paid, the magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations and conditions imposed in sections 64 to 70 (both inclusive) of the Indian Penal Code.
3[(2) Any fine, costs, tax or other sum imposed, assessed or recoverable by a magistrate under this Act, or any rule, by-law or regulation made thereunder shall be recoverable by such magistrate, as if it were a fine imposed under the4Code of Criminal Procedure, 1898, and the same shall5[except in the case of a fine] on recovery be paid to the corporation to be applied for the purposes of this Act.]
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&n
If, on account of any act or omission, any person has been convicted of an offence against the provisions of this Act or against any rule, by-law or regulation made under it and by reason of such act or omission damage has been caused to any property of the corporation, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence. In the event of dispute, the amount of compensation payable by the said person shall be determined by the magistrate before whom he was convicted of the said offence on application made to him for the purpose by the commissioner not later than three months from the date of conviction; and, in default of payment of the amount of compensation so determined, it shall be recovered under a warrant from the said magistrate as if it were a fine inflicted by him on the person liable therefor.
Nothing herein contained shall preclude the corporation from suing in a civil court for the recovery of any tax, duty,1[* * *] or other amount due under this Act.
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1. Omitted for the word "toll" by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931).
(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 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 one month after a notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought and the name and the place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit shall be commenced within six months after the date
1[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;
(ii) any offence which affects or is likely to affect any property or interest of the corporation or the due administration of this Act;
(iii) committing any nuisance whatsoever;
(b) compound any offence against this Act, the rules, by-laws or regulations which may by rules made by the2[State Government], be declared compoundable;
(c) defend himself if sued or joined as a party in any proceeding in respect of the conduct of elections or in respect of the electoral roll;
&nb
399. Indemnity to1[State Government], municipal authorities, officers and agents
No suit shall be maintainable against2[the1(State Government) or] any municipal authority, officer or servant or any person acting under the direction of2[the1(State 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.
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1. The word "Provincial Government" were substituted for the words, "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.
2. Inserted by section 206 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nad
(1) The commissioner and every councillor1[* * *] 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 the2[State Government] or by3[the State Government.]
(2) Every such suit shall be commenced within three years after the date on which the cause of action arose.
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1. Omitted for the word "or alderman" by section 2(2) of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
2. The word "Provincial Government" were substituted for
1[400A. Sanction for prosecution of Mayor, Deputy Mayor, etc.
When the Mayor or Deputy Mayor, or any councillor2[* * *], or the commissioner is accused of any offence alleged or 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 the3[State Government.]
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1. Inserted by section 208 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Omitted for the word "or alderman" by section 2(2) of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).
3. The word "Provincial Government" were substituted
1[401. Assessments, etc. not to be impeached
(1) No assessment or demand made and no charge imposed under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake--
(a) in respect of the name, residence, place of business or occupation of any person, or
(b) in the description of any property or thing, or
(c) in respect of the amount assessed, demanded or charged:
Provided that the provisions of this Act have, in substance and effect, been complied with. And 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
It shall be the duty of every police officer--
(a) to communicate without delay to proper municipal officer, any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, by-law or regulation made under it;
(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 rule, by-law or regulation.
1[(c)* * *]
and for all such purposes he shall have the same powers which he has in the exercise of his ordinary police duties.
&
(1) If any police officer sees any person committing any 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.
1[404. Exercise of powers of police officer by municipal servants
The2[State Government] may empower any municipal officer or servant or any class of municipal officers or servants to exercise the powers of a police officer--
(a) for the purpose of this Act, or
(b) in respect of offences falling under section 53 or section 73 of the3[Chennai] City Police Act, 1888.]
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1. Substituted by section 210 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. The word "Provincial Government" were substituted for the words, "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provi
Every municipal officer or servant, every contractor or agent for the collection of any municipal tax 1 [* * *] 2 [fee or other sum], due to the corporation] and every person employed by any such contractor or agent for the collection of such tax, 1 [* * *] 2 [fee or sum], shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
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1. Omitted for the word "toll" by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931).
2. Substituted for the words "or fee" by section 211 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
No person shall obstruct or molest1[the council,2[any standing committee], the Mayor or Deputy Mayor, any councillor3[* * *], the commissioner or any person employed by the corporation or] any person with whom the commissioner has entered into a contract on behalf of the corporation in the performance of4[their duty] or of anything which5[they are empowered] or required to do by virtue or in consequence of this Act or of any rule, by-law, regulation or order made under it.
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1. Inserted by section 212(ii) of the Tamil Nadu Act X of 1936.
2. Substituted for "any committee constituted under this Act" by Tamil Nadu Act 22 of 1971.
3. Omitted for the words "or alderman" by section 2(2) of the Chennai City Municipal (Amendment) Act,
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorized by this Act or by any rule, by-law, regulation or order made under it.
No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under the orders of the1[council],2[standing committee or any other committee] or the commissioner.
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1. Substituted for the word "corporation" by section 213 of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).
2. Substituted for a committee constituted under this Act by Tamil Nadu Act 22 of 1971.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in, or on any land vested in the corporation or river, estuary, canal, backwater or watercourses (not being private property), or in any away obstruct the same.
All property and all interests of whatever kind owned by, vested in or held in trust by or for the corporation with all rights of whatever kind used, enjoyed or possessed by the corporation as constituted under the Madras City Municipal Act, 1904, as well as all liabilities legally subsisting against the said corporation shall pass to the corporation as constituted under this Act.
All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation or otherwise due to the corporation at the time this Act comes into force may be recovered as though they had accrued under this Act.
1[412. Omitted]
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1. Omitted by section 93 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
1[413. Adjudication of disputes between local authorities
(1) When a dispute exists between the corporation and one, or more than one, other local authority in regard to any matter arising under the provisions of this or any other Act and the2[State Government] are of opinion that the local authorities concerned are unable to settle it amicably among themselves, the2[State 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 27-A for the purpose.
(2) The report referred to in clause (b) of sub-section (1) shall be submitted to the2[State Government] who shall decide the dispute in such manner a
1[414. Transitory provision
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, the State 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 Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) The Special Officer appointed under sub-section (1) shall hold office2[upto the 31st day of December, 1996 or for such shorter period as the State Government may, by notification, specify in this behalf].
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1. Inserted by the Tami
Save as otherwise provided in this Act, the State Government may, by notification, and subject to such conditions and restrictions as may be specified therein, entrust to the corporation, the standing committees, wards committees or any other committee constituted under this Act with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in Schedule XI.
(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 State Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 as appear to them to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date of commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) Every order made under sub-section (1) shall, as soon as possible, after it is made, be placed on the table of the Legislative Assembly and i
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