Section 61A in Tamil Nadu District Municipalities Act, 1920
61A. [ Duty of municipal council in respect of public streets withdrawn from its control. [This section was inserted by section 2 of the Madras District Municipalities and Local Boards (Amendment) Act, 1946 (Madras Act VII of 1946), which came into force on the 23rd March 1946 and which was re-enacted permanently with specified modifications by section 3 of, and the Schedule to, the Tamil Nadu Re-enacting (No. Ill) Act, 1948 (Tamil Nadu Act IX of 1948).]
- Where any public street has been withdrawn from the control of a municipal council under sub-section (2) of section 61 and placed under the control of the Highways Department of the [State] Government, it shall be the duty of the municipal council to provide at the cost of the municipal fund, to such extent as the [State] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government may, by general or special order direct,-(a)[ for the lighting, watering, scavenging, and drainage of such street;] [This clause was substituted for the original clause by the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948)](b)for the provision, maintenance and repair of the water-supply mains, drains and sewers in, alongside or under such street;(c)for the provision, maintenance and repair of footways attached to such street:Provided that where in the discharge of such duties, it is necessary for the council to open and break up the soil or pavement of any such street, the council shall obtain the previous consent of such officer of the Highways Department as 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, by general or special order, specify:Provided further that in cases of emergency, the council may, without such consent, open and break up the soil or pavement of any such street, but shall, as far as practicable, restore such soil or pavement to the condition in which it was immediately before it was opened and broken up; and a reportof the action so taken and the reasons therefor shall be sent forthwith to the officer specified under the foregoing proviso.]
