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State of Tamilnadu - Section

Section 353A in Chennai City Municipal Corporation Act, 1919

353A. [ Power of [State Government] [Inserted by section 176 of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] 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 the [State Government] [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.] adequate, the [State Government] [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.] 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 provisions of sections 350, 351 and 353, of the second sentence of subsection (1) of section 354, and of section 356 shall apply to the rules made under this section as they apply to the by-laws made under section 349. With the substitution of the words, [State Government] [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.] for the word 'council' in section 351 and clause (b) of section 353 and of the words [State Government] [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.] for the word commissioner in clause (d) of section 353.
(5)Before making any rules under this section, [State Government] [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.] shall give the council an opportunity of showing cause against the making thereof.]Publication of Rules, by-laws and Regulations