State of Tamilnadu- Act
Tamil Nadu District Municipalities Act, 1920
TAMILNADU
India
India
Tamil Nadu District Municipalities Act, 1920
Act 5 of 1920
- Published on 5 May 1920
- Commenced on 5 May 1920
- [This is the version of this document from 5 May 1920.]
- [Note: The original publication document is not available and this content could not be verified.]
3. The Bill seeks to give effect to the above said objects.
Published in Part IV- Section 1 of the Tamil Nadu Government gazette Extraordinary, dated the 28th December 1995Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 1995 (Tamil Nadu Act 46 of 1995). - The Government decided to conduct elections to all the village panchayats, panchayat union councils and district panchayats in December 1995 and to conduct the elections to Town Panchayats, Municipalities and Municipal Corporations thereafter. Accordingly, the State Election Commission was making all arrangements to conduct the panchayat elections. In the meantime, a batch of writ petitions were filed in High Court, Madras against the reservation of fifty per cent of wards at each level and of the offices of presidents of village panchayat union councils and chairmen of district panchayats to the persons belonging to the Backward Classes of citizens.2. The High Court, Madras, in its Judgement dated the 3rd April 1996, in W.P. Nos. 14637795, etc., has struck down the provisions the Tamil Nadu Panchayats Act, 1994 as amended by the Tamil Nadu Panchayats (Second Amendment) Act, 1995 providing reservation for Backward Classes of citizens and all notifications issued under the said Act effecting reservation in favour of Backward Classes of citizens.For the same reasons the provisions made in the Laws relating to Municipalities and Municipal Corporations providing for reservation of seats and offices of chair-persons for Backward Classes of citizens in the Town Panchayats, Municipalities and Municipal Corporations are likely to be struck down, if challenged before the Courts as in the case of reservations made to panchayats. Therefore, the Government have decided to conduct elections to all local bodies for the time being without reservation in favour of Backward Classes of citizens.3. In order to complete the process of elections to all Town Panchayats, Municipalities and Municipal Corporations in the State, at an early date it is necessary to omit the provisions relating to the reservation for Backward Classes of citizens made in the laws relating to Municipalities and Municipal Corporations and accordingly the Government have decided to amend the Municipal Laws suitably.4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st May, 2996.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 1996 (Tamil Nadu Act 22 of 1996). - A comprehensive Act applicable to all the Town Panchayats, Municipalities and Corporations in the State is under preparation of the Government. It will take sometime to finalise the comprehensive Bill. In the meantime, the Government have decided to conduct elections to the Urban Local Bodies during September 1996. It, therefore, becomes necessary to amend the existing Municipal and Corporation Acts pertaining to conduct of elections and other related issues without waiting for the enactment of the Comprehensive Act. The Government have, therefore, decided to amend the existing Municipal and Corporation Acts on the following points:-(i) There are provisions for constitution of six Standing Committees in the Corporations to assist the Corporation Councils on matters relating to Accounts, Education, Health, Taxation and Finance, Town Planning and Improvements and Municipal Works. Recently, provisions have been made for formation of Ward offices and ward committees in Municipalities and Corporations having population of more than 3.00 lakhs to look after the civil amenities in their areas. Therefore, instead of mentioning the names of the Standing Committees in the Acts, it has been decided to make provisions in the Acts to the effect that the Government may by notification constitute Standing Committees not exceeding three in number.(ii) Now, there are provisions in the Corporation Acts that the Speaker of the Tamil Nadu Legislative Assembly shall nominate one fifth of the M.L. As. of a City by rotation to be members of the Corporation Council. With a view to enable all the M.L.As. in a city to participate in the meetings of a Corporation Council, it has been decided that all the members of the State Legislate Assembly representing the constituency comprising the whole or any part of the Corporation shall be the members of the Corporation Councils. It has also been decided that the members of the House of People and the members of the Legislative Assembly so nominated shall be members of the respective Municipal and Corporation Councils without any voting rights in the proceedings of the councils.(iii) There are provisions in the Madras, Madurai and Coimbatore Corporation Acts for formation of Ward Committees and the members of such committees to be formed have also been mentioned in the Acts itself. Further, powers and functions of the Ward Committees have also been prescribed in the Acts itself. Since the number of ward offices to be formed in the Corporations may vary, from time to time, it has been decided to delete these provisions and to empower, the Government to notify the number of ward offices to be formed in a Corporation and to fix guidelines regarding the duties and functions of such Ward Committees. Further, it has also been decided to prescribe the term of chairman of such Ward Committees as five years similar to the term of Chairman and Mayors of Municipalities and Corporations.(iv) In the 74th Constitution (Amendment) Act, 1992, eighteen subjects have been listed out in the Twelfth Schedule to the Act which can be entrusted to the municipalities and corporations by the State Government subject to such conditions and restrictions as may be specified. But, when the municipal and corporation Acts were amended during May 1994, the following three subjects were not included in the Schedules of the Municipal Corporation Acts:-(a) Urban Planning including Town Planning.(b) Regulation of land use and constructions of buildings.(c) Fire Services.Now, it has been decided to incorporate these subjects also in the Municipal and Corporation Acts.(v) The Offices of Chairpersons of Town Panchayats and Municipalities shall be reserved for Scheduled Castes and Schedule Tribes in proportion to the percentage of SC/ST. population in the Town Panchayats and Municipalities and not less than one-third of the total offices of chairpersons shall be reserved for women. But, in the Corporation Act, there are now-specific provisions that one office of the Mayor shall be reserved for S.C./S.T. and two offices of Mayors shall be reserved for women. With a view to have uniform policy in reservation, it has been decided that the Corporation Act may be amended similar to the provisions in the Municipal Act. Further since there are only six Corporations in the State, it has also been decided that where no office of Mayor can be reserved for S.C./S.T. one office of Mayor of a corporation having the highest percentage of population of S.C. /S.T. shall be reserved for women belonging to S.C./S.T. out of the total number of offices of Mayors reserved for women.(vi) In view of the direct elections to Chairman and Mayors of the Municipal and Corporations, the State Election Commission has now suggested a few amendments to the existing sections of the Municipal and Corporation Acts. Accordingly, it has also been decided to amend the Municipal and Corporation Acts suitably.The Government have therefore now decided to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994), the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994), and the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994).3. The Bill seeks to achieve the above said decisions.Published in Part IV- Section 1 of the Tamil Nadu Government Gazette Extraordinary No. 369, dated the 1st August, 1996Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Fourth Amendment) Act, 1996 (Tamil Nadu Act 26 of 1996). - According to the existing provisions of the Municipal and Corporation Acts, the Government will have to provide the deposit amount to be made by candidates contesting the elections to the urban local bodies in the Tamil Nadu Town Panchayats. Municipalities and Municipal Corporations Election Rules, 1996. But there is a proviso in these Acts that the deposit amount required shall not exceed one hundred rupees. The maximum amount of deposit provided in the Municipal and Corporation Acts is very megre and has not been revised so far. Therefore, the Government have now decided to fix the maximum amount of deposit as three thousand rupees in the case of Municipalities and Town Panchayats and six thousand rupees in the case of Municipal Corporations. Accordingly, it is proposed to amend the Tamil Nadu District Municipalities Act, 1920, the Madras City Municipal Corporation Act, 1919, the Madurai City Municipal Corporation Act, 1971 and the Coimbatore City Municipal Corporation Act, 1981 suitably for the above purpose so as to enable the Government, to prescribe in the Election Rules the actual amount of deposits within the maximum amount now to be provided in the aforesaid Acts.2. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th August, 1996Statement of Objects and Reasons - City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996). - The area comprising the City of Madras has been called as "Chennai" in Tamil from ancient days. This name has been employed by the people in different walks of life and it has thus been universally accepted. Keeping the universal acceptance of the name "Chennai" in view and keeping also the historical, social, cultural and other details of the City of Madras in view, the Government have taken a policy decision that Madras would be hereafter called "Chennai" in all languages, as against "Madras" and "Madharas" now being called in other languages.2. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 31st August 1996.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Amendment) Act, 1997 (Tamil Nadu Act 2 of 1997. - In exercise of the powers conferred by section 217-P of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Government have, in G.O. Ms. No. 205, Municipal Administration and Water Supply, dated 2nd September 1996, authorised the Collectors of the Nilgiris, Dindigul-Mannar Thirumalai and Salem districts to exercise the powers vested in the State Government under the provisions of sections 217-D, 217-E and 217-F of the said Act, in respect of the hill stations in their districts so as to enable the Collector of the district concerned to grant licence for the construction or re-construction of building which satisfy the requirement of the Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993.2. For the purpose of Chapter X-A of the Tamil Nadu District Municipalities Act, 1920, a Committee called the Committee for Architectural and Aesthetic Aspects for all the hill stations in the State of Tamil Nadu had already been constituted under section 217-C(3)(a) of the said Act. As the powers of Government under sections 217-D, 217-E and 217-F have now been delegated to the Collectors, it is necessary to constitute District Level Committee to advise the Collector concerned in the exercise of the powers so delegated.3. The Government therefore decided to constitute a Committee called the Committee for Architectural and Aesthetic Aspects in each district, for all the hill stations in that district, in respect of which the powers of the Government have been delegated under section 217-P of the said Act. To give effect to the above decision, the Tamil Nadu District Municipalities (Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 6 of 1996) was promulgated by the Governor on the 22nd October 1996 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 24th October 1996.4. The Bill seeks to replace the above said Ordinance.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th January 1997.Statement of Objects and Reasons - Tamil Nadu Municipal Lazos (Amendment) Act, 1997 (Tamil Nadu Act 3 of 1997). - While the terms of office of Chairmen and Vice-chairmen of all Town Panchayats and Municipalities and that of Mayors of Corporations were five years, the term of Deputy Mayors of Corporations alone was one year. With a view to have uniformity in the term of office of Mayors, Deputy Mayors, Chairmen and Vice-chairmen in all the Urban Local Bodies in the State, the Government decided to make the term of Deputy Mayors of all Corporations in the State also as five years.2. Further, the Government have to nominate members to each urban local body in addition to the councillors elected by the public. The Government decided not to nominate any member as that would have increased the strength of the councils and made it unnecessarily large.3. The term of office of Special Officers of Courtallam and Bhavanisagar Municipalities and Yercaud Town Panchayat for which elections were not conducted so far was to expire on the 31st December 1996. A proposal to re-constitute the local bodies as Town Panchayat and Panchayat Union, respectively is under consideration of Government. Since pending a decision on this proposal, it is not possible to conduct elections to these local bodies before the 31st December 1996 and therefore the Government decided to extend the term of office of Special Officers of these local bodies for a further period of six months from the 31st December 1996.4. The Chief Minister in a conference of all the Chairmen and Mayors of Urban Local Bodies in the State held at Chennai on the 30th November and 1st December 1996 announced the acceptance of some of the recommendations made by the work groups of chairpersons. He also announced that in pursuance of this, certain amendments to the Local Body Acts would be made by the promulgation of an Ordinance. Accordingly, the Government decided to amend the Acts governing the Corporations and Municipalities for the following purposes, namely:-(1) Constitution of an Appointments Committee in the Corporation of Chennai;(2) increasing the number of Standing Committees from three to six in all Corporations;(3) empowering the Government to entrust additional functions under the Corporations Acts to the Mayors;(4) empowering the Government to fix monetary limits for authorities of the Corporations for execution of works;(5) empowering the municipal councils to elect four councillors as members of the Taxations Appeals Committee in the Municipalities; and(6) increasing the period of three years for assessing the escaped assessment of property tax to six years.5. To give effect to the above said decisions, three Ordinances, namely, the Tamil Nadu Municipal Corporation Laws (Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 5 of 1996), the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 8 of 1996) and the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance 1996 (Tamil Nadu Ordinance 12 of 1996) have been promulgated by the Governor on the 18th October 1996, 14th November 1996 and 27th December, 1996, respectively to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994) and the Salem City Municipal Corporations Act, 1994 (Tamil Nadu Act 29 of 1994), suitably.6. This Bill seeks to replace the above said Ordinances.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 1997 (Tamil Nadu Act 65 of 1997. - In the Municipalities and Municipal Corporations, the property tax is levied based on the actual value which is generally being calculated on the basis of reasonable letting value of the buildings. A percentage of the annual value as fixed by the council within the maximum percentage prescribed in the respective Urban Local Bodies Acts is levied as property tax. This system of levying the property tax leads to arbitrary assessments and malpractices. Therefore, the Government have examined the whole issue, and have evolved a new and scientific method of assessment of tax and have decided to levy the property tax in all the Urban Local Bodies as indicated below:-(1) A basic tax rate would be arrived at for a class of buildings depending upon the existing property tax and the use of the building. Based on this, the tax for the total carpet area of that buildings will be worked out.(2) Additional basic tax will be added to the basic tax, depending upon the location and the type of construction of the building.(3) An amount would be reduced from the basic tax depending on age of the building.(4) The resulting amount will be the property tax for a half year.2. This new system of levying the property tax has been incorporated in the Tamil Nadu Urban Local Bodies Bill, 1997 (L.A. Bill No. 42 of 1997) which has been referred to the Select Committee and it is now under the consideration of the Select Committee. It is likely that it will take some more time to,get the said Tamil Nadu Urban Local Bodies Bill enacted and to frame the rules thereunder.3. The next general revision of the property tax in all the municipalities in-the State is due on the 1st October 1998. The Property Tax in the municipal corporations of Chennai, Madurai and Coimbatore was last revised on the 1st April 1993 and that in the then municipalities of Salem, Tiruchirappalli and Tirunelveli on the 1st October 1993. The Town Panchayats in the State which were brought under the Tamil Nadu District Municipalities Act in the year 1994, have to start levying the property tax as per the Tamil Nadu District Municipalities Act, 1920 instead of the house tax they had levied, previously. The property tax being one of the main sources of income for the Urban Local Bodies, there is urgent need to initiate timely action on the revision of property taX having regard to the rising cost of urban services, and also the property values. It is, therefore, considered necessary to undertake the general revision of property tax in all the Urban Local Bodies, from the dates to be notified by the Government.4. The Government have, therefore, decided to amend the Chennai City Municipal Corporation Act 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) suitably. The said Tamil Nadu Act 25 of 1981 is applicable to Tiruchirappalli, Tirunelveli and Salem Municipal Corporations.5. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 17th October 1997.Statement of Objects and Reasons - The Tamil Nadu District Municipalities (Amendment) Act 1997 (Tamil Nadu Act 57 of 1997). - The term of office of Special Officers of Courtallam and Bhavanisagar. Municipalities and Yercaud Town Panchayat for which elections were not conducted so far was to expire on the 30th June 1997. A proposal to re-constitute these local bodies as Town Panchayats and Panchayat Union, respectively, was under consideration of Government. Therefore, it was not possible to conduct election to these local bodies before the 30th June 1997. Hence, the term of office of Special Officers of these local bodies were extended for a period of three months from the 30th June 1997 by promulgating the Tamil Nadu District Municipalities (Second Amendment), Ordinance, 1997 (Tamil Nadu Ordinance 5 of 1997) by the Governor on the 19th June 1997.2. In the meantime, the Government re-constituted Yercaud Town Panchayat as Panchayat Union and converted Courtallam and Bhavanisagar Municipalities as Town Panchayats. All preliminary arrangements for conduct of elections to these local bodies are in progress. As the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) will apply to the Yercaud Panchayat Union, it was decided to amend the Tamil Nadu District Municipalities Act, 1920. (Tamil Nadu Act V of 1920) for extending the term of office of the Special Officers of the Courtallam and Bhavanisagar Town Panchayats for a further period of three months beyond the 30th September 1997. Accordingly, the Tamil Nadu District Municipalities (Third Amendment) Ordinance, 1997 (Tamil Nadu. Ordinance 3 of 1997) was promulgated by the Governor on the 29th September 1997.3. The Bill seeks to replace the said Ordinances.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 15th October 1997.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Amendment) Act, 1998 (Tamil Nadu Act 9 of 1998). - The Courtallam and Bhavanisagar Municipalities were downgraded as Town Panchayats with effect from the 13th August 1997. The extended term of Office of the Special Officers of these two Town Panchayats expired on the 31st December 1997.2. The preliminary arrangements such as division of wards, reservation of seats for Scheduled Castes and Scheduled Tribes and for women have been completed.3. Other arrangements like updating of electoral rolls, approval of polling stations are in progress. Since it was not possible to conduct elections to the said two Town Panchayats on or before the 31st December 1997, the date on which the term of Office of the Special Officers expired, it became necessary to extend the term of office of Special Officers. Hence the Government decided to extend the term of office of Special Officers of the Courtallam and Bhavanisagar Town Panchayat for a further period of six months beyond the 31st December 1997 and to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), suitably. Accordingly, the Tamil Nadu District Municipalities (Fourth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 10 of 1997) was promulgated by the Governor on the 18th December 1997.4. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 2nd April 1998.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Second Amendment) Act, 1997 (Tamil Nadu Act 10 of 1998). - Permissions for construction of any building in hill areas were given after placing the building applications for approval before the Committee constituted for this purpose under the Chairmanship of the District Collectors concerned. This leads to hardship and delay for construction of even small buildings for residential purposes in hill areas.2. Therefore, for construction of residential buildings up to the plinth area of two hundred and fifty square metres aggregate in the ground floor and first floor, in Town Panchayats and Municipalities which are located in hill areas, the Government have decided to empower the concerned executive authorities of Municipalities and Town Panchayats in hill areas to grant building permission by amending the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), suitably. Accordingly, the Tamil Nadu District Municipalities (Fifth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 11 of 1997) was promulgated by the Governor on the 25th December 1997.3. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 15th April 1998.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 1998 (Tamil Nadu Act 51 of 1998). - A large number of hoardings have been erected on the road sides and over the buildings in the City of Chennai and in other urban areas of the State without proper licence. This had led to serious inconvenience to pedestrians, traffic hazards, accidents and creating an unsafe environment to the general public. Therefore, it becomes necessary to regulate the erection of hoardings.2. The Government decided to make provisions in the urban local bodies Acts to regulate the erection of hoardings in the urban local areas by issue of licences and for removing the advertisements which do not comply with the regulations. As per the new provisions, the Commissioners and executive officers of all urban local bodies will have the power to issue licences for the erection of hoardings in the area comprising the jurisdiction of that local body. The Government also decided to levy tax on advertisements in the municipal areas by amending the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) on the lines of the Municipal Corporations Acts. Accordingly, the Government decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1981 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) suitably for the said purposes. The amendments made in the Coimbatore City Municipal Corporation Act. 1981 are applicable to the newly created Corporations of Tiruchirappalli, Tirunelveli and Salem also. To give effect to the above decisions, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 1998 (Tamil Nadu Ordinance 2 of 1998) was promulgated by the Governor on the 23rd July 1998, and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd July 1998.3. The Government in the year 1985 decided to acquire the hoardings and to lease them to private individuals with a view to control the haphazard growth of hoardings in the urban local bodies. Accordingly, the Government enacted the Tamil Nadu Acquisition of Hoardings Act, 1985 (Tamil Nadu Act 39 of 1985) and the same was made applicable in the first instance to the City of Chennai only. However, a batch of writ petitions were filed in the High Court challenging the Act. The High Court upheld the provisions of the Act to acquire the hoardings in public places and suggested to make provisions to regulate the hoardings erected in private places. Against this, a few advertisers filed Special Leave Petitions in the Supreme Court. The Supreme Court while admitting Special Leave Petitions ordered on the 6th September 1996, status quo regarding the renewed leases. Inasmuch as the Government have taken a decision to regulate the hoardings, whether in public or private places in the urban local bodies, the said Tamil Nadu Ordinance 2 of 1998 was promulgated for the purpose. In view of this, it has now been decided to repeal the said Tamil Nadu Act 39 of 1985 by incorporating suitable provision in the proposed legislation.4. The Bill seeks to replace the said Ordinance and to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th November, 1998.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Amendment Act, 1998 (Tamil Nadu Act 34 of 1998). - The Municipal Laws relating to Municipalities and Municipal Corporations have been amended by the Tamil Nadu Municipal Laws (Second Amendment) Act, 1997 (Tamil Nadu Act 65 of 1997) for the levy of property tax by adopting a new and scientific method of assessment of tax. While discussing with the representatives of urban local bodies and the Heads of Departments regarding levy of property tax under the new system, it has been, suggested that the following further amendments have to be made in the Municipal and Corporation Acts, namely:-(1) As per the existing provision, the buildings constructed in contravention of the building rules will not be assessed to property tax, which will result a huge loss of revenue to the urban local bodies. Therefore, it has been decided to delete the said provision.(2) It has been decided to empower the councils of urban local bodies to exempt from levy of property tax any building having carpet area not exceeding one hundred square feet, constructed with mud walls and thatched roof subject to such rules as may be made by the Government.(3) It has been also decided to make provision to the effect that the person preferring appeal against the orders of Taxation Appeals Tribunal or the Taxation Appeals Committee, as the case may be, shall continue to deposit the property tax with the local body as decided by the said Tribunal or the Committee, as the case may be, till the disposal of the appeal by the District Judge in order to reduce the arrears in property tax.2. Further it has also been decided to make provisions for the following purposes, namely:-(a) where there is any land with building and if the extent of the land left vacant twice the plinth area of the building, the property tax shall be levied, on the vacant land which exceeds twice the plinth area of the building at the rate fixed by the Council and no property tax on any land shall be levied if the extent of such land with or without any building thereon, does not exceed two thousand and four hundred square feet;(b) to impose penalty for non-filing of self-assessment return by the owner or occupier of the building or land;(c) to levy education tax under the municipal laws instead of levying such tax under the Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act VIII of 1920).(3) Inasmuch as the said Tamil Nadu Act 65 of 1997 has not yet been brought into force it has been decided to amend the said Act suitably for the above purposes.4. The Bill seeks to give effect to the above decisions.Published in Part IV Section 1 of the Tamil Nadu Government Extraordinary, dated the 28th May 1998.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 1998 (Tamil Nadu Act 51 of 1998). - At present, the profession tax in all the urban local bodies is being collected under the provisions contained in a special Act called "The Tamil Nadu Tax on Professions, Trades, Callings and Employments Act, 1992". As the traders had expressed certain reservation to some provisions of the said Act, the Government constituted a Committee to review the said Act. The Committee submitted its report to the Government on 2nd September, 1998. The Committee has, in its report, made the following major recommendations:-(1) The existing Special Act (1992) may be repealed and suitable provisions for collection of profession tax may be incorporated in the Municipal and Corporation Acts.(2) Profession Tax may be collected from the salaried people as well as from traders and other professionals on the basis of income.(3) There would be no profession tax leviable from individuals whose income falls below Rs. 15,000 per half-year. The Government have decided to raise this exemption limit to Rs. 21,000 per half-year.(4) The local bodies themselves shall increase the rate of profession tax once in five years within a minimum of 25 per cent and a maximum of 35 per cent.(5) The profession tax shall be paid for every half-year. If the profession tax is not paid within that half-year period, a penalty shall be collected at the rate of 2 per cent for every month. But, the Government have decided to collect penalty at the rate of 1 per cent for every month(6) The traders and professionals other than the salaried people shall file a self assessment return in the form prescribed to the urban local body along with paying the first half-year tax, if it is found later that the particulars furnished by them are incorrect 100 per cent of the difference in tax shall be levied as penalty.(7) Many of the traders and other professionals have not paid the tax so far from the year 1992, i.e., the year from which the existing Act came into force. Therefore, they may be permitted to remit the tax by filing a "Return" as prescribed in the new system. But they should furnish the details of the amount due by them to the urban local body in a return before 31st December, 1998. Then they may be permitted to pay the due as per the rates prescribed in the existing Act for a half year along with the current half-year.(8). These recommendations may be given effect from the 1st October, 1998.2. The Government after examining the report of the Committee have decided to accept the recommendations of the Committee and to amend the Municipal and Corporations Act suitably. Accordingly, the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1917 (Tamil Nadu Act 15 of 1971), and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) have been amended for this purpose. The amendments incorporated in the Coimbatore City Municipal Corporation Act, 1981, will apply mutatis mutandis to the newly created Tiruchirappalli, Tirunelveli and Salem Corporations.3. The Bill seeks to achieve the above said objects.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 27th May 1998.Statement of Objects and Reasons - Tamil Nadu Urban Local Bodies (Amendment) Act, 1999 (Tamil Nadu Act 54 of 1999). - A simplified procedure for the levy and collection of profession tax with effect from the 1st October 1998 was introduced in the Acts applicable to the corporations, municipalities and town panchayats by the Tamil Nadu Municipal Laws (Second Amendment) Act, 1998 (Tamil Nadu Act 59 of 1998). As the existing Acts applicable to the said corporations, municipalities and town panchayats will stand repealed when the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) is brought into force, it has been decided to incorporate the said provisions in the said Tamil Nadu Act 9 of 1999.2. The Tamil Nadu State Election Commission has, among other things, suggested to make the intention clear that the expression "While undergoing the sentence" occurring in sub-section (4) of section 12 of the Act may be substituted by the expression "While the sentence is in force", based on the observation of the High Court Chennai in an election petition. Further, it has been proposed to avail the opportunity to make certain modifications and improvements in the said Act.3. The Government have therefore decided to amend the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) suitably.4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 19th November, 1999.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2000 (Tamil Nadu Act 26 of 2000). - In the year 1998, the Government repealed the Tamil Nadu Acquisition of Hoardings Act, 1985 which provided for acquisition of hoardings by the Government in the urban local bodies, and made provisions in the existing Municipal and Corporation Acts to regulate the erection of such hoardings by issue of licence in accordance with the rules issued by the Government. This Act incidentally also became a compliance to High Court direction while disposing of a batch of writ petitions directing the Government to come out with a scheme to regulate such hoardings. However, against this new legislation, certain persons filed writ petitions in the High Court of Chennai and obtained stay for the provision relating to issue of licence by urban local bodies. This case is still pending disposal by the High Court.2. While the State has thus not been able to successfully implement any scheme for regulating the hoardings, the Supreme Court, New Delhi has delivered a Judgement in the year 1998 directing the authorities to remove all hoardings in Delhi which are on road sides and therefore are hazardous and disturbance to safe traffic movement. The Government examined the whole case of regulating hoardings in the light of this Judgement of the Supreme Court and have now decided to amend the Urban Local Bodies Acts in conformity with the Judgement of the Supreme Court.3. Accordingly, the Government have decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) for the purpose to make a provision for removal of the hoardings erected within municipal limits on public or private or municipal or Government lands which are visible to the traffic on the road irrespective of whether they are on the road side or not.4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 17th May, 2000.Statement of Objects and Reasons - Tamil Nadu Urban Local Bodies (Suspension of Operation) Act, 2000 (Tamil Nadu Act 33 of 2000). - The Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) and the rules made thereunder were brought into force with effect from the 1st August 2000. However, representation have been received from certain local bodies requesting time to study the Act and Rules before their actual implementation. In order to allow time for the local bodies to study the provisions of the Act and Rules and to suggest changes, if necessary, and to dispel the doubts that linger on, the Government have decided to suspend the operation of the said Tamil Nadu Urban Local Bodies Act, 1998 and the rules made thereunder and to revive the operation of enactments and the rules, etc., repealed by the said Act, so as to enable the local bodies to carry out all the activities under the provisions of the revived enactments and the rules, etc., and to function as before that is to say, prior to the 1st August 2000. To give effect to the above decision, the Tamil Nadu Urban Local Bodies (Suspension of Operation) Ordinance, 2000 (Tamil Nadu Ordinance 5 of 2000) was promulgated by the Governor on the 23rd August 2000 and the same was published in Tamil Nadu Government Gazette, Extraordinary, dated the 23rd August 2000.2. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 7th December 2000.Statement of Objects and Reasons - Tamil Nadu Municipal Lazos (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001). - As the election to the Municipal Corporations and Municipalities to be conducted shortly, the Tamil Nadu State Election Commission has suggested the following amendments to the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981):-(1) To increase the period of limitation for filing an election petition from fifteen days to forty-five days;(2) To empower the Tamil Nadu State Election Commission to disqualify a person for being elected as, and for being, a councillor or Chairperson, as the case may be, for a period of three years from the date of the order, for his failure to lodge the account of election expenses; and(3) To make the intention clear that the expression "while undergoing the sentence" occurring in the relevant provisions of the aforesaid Acts may be substituted by the expression "while the sentence is in force" based on the observation of the High Court, Madras in an election petition.2. The Government have accepted the above suggestions of the Tamil Nadu State Election Commission taking into account the relevant provisions of the Representation of the People Act, 1951 (Central Act XLIII of 1951) and decided to amend the aforesaid Tamil Nadu Acts suitably.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 12th September 2001.Statement of Objects and Reasons - Tamil Nadu Municipal Lazos (Amendment) Act, 2002 (Tamil Nadu Act 29 of 2002). - The Chairman of the Municipalities and Town Panchayats have to perform all the duties and exercise all the powers specifically imposed or conferred on them under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920). By virtue of their office as such Chairman, they shall be Members of the Council concerned and every Committee of such Council. In the absence of Chairman, the Vice-Chairman has to exercise the powers and perform the functions of the Chairman. The Mayor and Deputy Mayor of Corporation shall exercise similar powers and discharge similar duties under the respective Acts of the Corporation. If a Member of either House of a Parliament or a Member of the Legislative Assembly of the State is elected as Chairman or Vice-Chairman of a Municipality or a Town Panchayat or Mayor or Deputy Mayor of a Corporation, it will not be possible for him to discharge his duties and responsibilities more effectively.2. Certain Members of the Legislative Assembly of the State and Chairman of Panchayat Union Council have also represented to the Government to debar, the Member of the Legislative Assembly of the State and Member of Parliament to contest for election of Chairman and Deputy Chairman in the local bodies. The Tamil Nadu State Election Commission has forwarded the above representations for consideration of the Government.3. The Government, after careful consideration of the representations and the provisions contained in the Constitution of India, have decided to disqualify the member of the Legislative Assembly of the State and Member of either House of Parliament for being elected as, and for being, a Mayor or Deputy Mayor of a Municipal Corporation or Chairman or Vice-Chairman of a Municipality or of a Town Panchayat and to amend the following Acts suitably for the purpose:-(1) The Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919)(2) The Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)(3) The Madurai City Municipal Corporation Act, 1971 (Tamil Nadu 15 of 1971)(4) The Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981)4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazettee Extraordinary, dated 22nd April 2002Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 (Tamil Nadu Act 31 of 2002). - In the Acts governing the Municipal Corporations, Municipalities and Town Panchayats in this State, there is no specific provision requiring the Mayor, Deputy Mayor or Councillor of Municipal Corporations and the Chairman, Vice-Chairman or Councillor of Municipalities and Town Panchayats to obtain the permission of the Government before undertaking a trip to any foreign country in his official capacity. However, by convention, the holders of the aforesaid offices are seeking the permission of the Government before they leave for abroad. It has been considered necessary to make a specific provision in the Acts concerned providing for the above purpose and the penalty for violation of such provision.2. The Government have, therefore, decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) suitably for the purpose. As the provisions of the Coimbatore City Municipal Corporation Act, 1981 are applicable to the Tiruchirappalli, Tirunelveli and Salem Municipal Corporations also by virtue of section 8 of the respective Acts governing those Municipal Corporations, the amendments to be made to the said Tamil Nadu Act 25 of 1981 will stand extended to the said Municipal Corporations.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 9th May 2002.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 (Tamil Nadu Act 53 of 2002). - The Acts governing the Municipal Corporations and Municipalities including Town Panchayats in this State were amended by the Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 (Tamil Nadu Act 31 of 2002) to make specific provisions requiring the Mayor, Deputy Mayor or Councillor of Municipal Corporation and the Chairman, Vice-Chairman or Councillor of Municipality including Town Panchayat to obtain the permission of the Government before undertaking a trip to any foreign country in his official capacity and to provide for a penalty of fine not exceeding one thousand rupees for undertaking a trip to any foreign country by any such elected representative without the permission of the Government. The said Tamil Nadu Act 31 of 2002 has not yet been brought into force.2. It is felt that the said penalty of fine not exceeding one thousand rupees for undertaking a trip to any foreign country by the elected representatives of the Municipal Corporations and Municipalities in their official capacity without the permission of the Government is too low. The Government have, therefore, decided to enhance the said penalty to fifty thousand rupees and also to make a provision enabling the Government to remove, by notification, any such elected representative who is convicted twice for violation of such provision. To give effect to the above decision, it has been decided to amend the said Tamil Nadu Act 31 of 2002.3. The Bill seeks to give effect to the above decisions.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 30th October 2002.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2003 (Tamil Nadu Act 19 of 2003). - The Chairman of the Municipalities and Town Panchayats have to perform all the duties and exercise all the powers specifically imposed or conferred on them under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920). By virtue of their office as such Chairman, they shall be members of the Council concerned and every Committee of such Council. In the absence of Chairman, the Vice-Chairman has to exercise the powers and perform the functions of the Chairman. The Mayor and Deputy Mayor of Corporation shall exercise similar powers and discharge similar duties under the respective Acts of the Corporation. If a Member of either House of a Parliament or a Member of the Legislative Assembly of the State is elected as Chairman or Vice-Chairman of a Municipality or a Town Panchayat or Mayor or Deputy Mayor of a Corporation it will not be possible for him to discharge his duties and responsibilities more effectively.2. Certain Members of the Legislative Assembly of the State and Chairman of Panchayat Union Council have also represented to the Government to debar the Member of the Legislative Assembly of the State and Member of Parliament to contest for election of Chairman and Deputy Chairman in the local bodies. The Tamil Nadu State Election Commission has forwarded the above representations for consideration of the Government.3. The Government, after careful consideration of the representations and the provisions contained in the Constitution of India, have decided to disqualify the member of the Legislative Assembly of the State and Member of either House of Parliament for being elected as, and for being, a Mayor or Deputy Mayor of a Municipal Corporation or Chairman or Vice-Chairman of a Municipality or of a Town Panchayat and to amend the following Acts suitably for the purpose:-(1) The Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919)(2) The Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)(3) The Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971).(4) The Coimbatore City Municipal Corporation Act, 19 81 (Tamil Nadu Act 25 of 1981).4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated 19th May 2003.Statement of Objects and Reasons - The Tamil Nadu District Municipalities (Second Amendment) Act, 2004 (Tamil Nadu Act 21 of 2004). - The Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) has been amended by the Tamil Nadu District Municipalities (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 7 of 2004) to change the nomenclature "panchayat town" and "town panchayat", wherever they occur, as "transitional area" and "Third Grade Municipality", respectively. Under section 3-B of the said Act as so amended, the Government may declare the area of a village panchayat as a transitional area and shall constitute a Third Grade Municipality for such transitional area.2. Section 4-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), which is a special provision relating to town panchayat constituted as village panchayat, provides that the chairman and members of a town panchayat holding office as such immediately before the date of constitution of such town panchayat as village panchayat shall be deemed to be the elected. President and Members of such village panchayat and such President and members shall continue to hold office up to such date as the Government may, by notification, fix in this behalf or in case no such date is fixed, up to the date on which their term of office would expire under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), if they had been elected as Chairman and Members of the town panchayat, and such President and Members shall exercise all powers and perform all duties conferred on the President and Members by or under the provisions the said Tamil Nadu Act 21 of 1994. The said section 4-A of the said Act also provides that all the employees of the town panchayat shall be the employees of such village panchayat.3. The Government decided that provisions similar to section 4-A of the said Tamil Nadu Act 21 of 1994 may be incorporated in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) so that whenever an area of a village panchayat is declared as a transitional area and a Third Grade Municipality is constituted for such area under the said section 3-B of the said Tamil Nadu Act V of 1920, the President and Members of such village panchayat shall be the Chairman and Members of such Third Grade Municipality and the employees of such village panchayat shall be the employees of such Third Grade municipality and also to amend the said Tamil Nadu Act V of 1920, suitably, for the purpose. Accordingly, the Tamil Nadu District Municipalities (Second Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 8 of 2004) was promulgated by the Governor on the 1st July 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 1st July 2004.4. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st July 2004.Statement of Objects and Reasons - The Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 23 of 2004). - According to sub-section (1) of section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Governor may, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village contiguous portions of two or more revenue villages and having a population estimated at not less than five thousand and an annual income of not less than one lakh of rupees as panchayat town for the purpose of that Act. According to sub-section (2) of the said section 3-B, in every panchayat town there shall be established a town panchayat.2. The Government decided that the nomenclature "panchayat town and "town panchayat" shall be changed as "transitional area" and "Third Grade Municipality", respectively. The Government further decided that only a local area having population estimated at not less than thirty thousand shall be classified and declared as a transitional area and that in every such transitional area there shall be established a Third Grade municipality. The Government also decided that the municipalities constituted under section 4 of the said Act be classified as Special Grade Selection Grade, First Grade and Second Grade for the purpose of effective administration of the said Municipalities, in accordance with the norms to be prescribed in the rules. To give effect to the above decisions, it was decided to amend the said Act. Accordingly, the Tamil Nadu District Municipalities (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 7 of 2004) was promulgated by the Governor on the 12th June 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 14th June 2004.3. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st July 2004.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006). - At present election to the municipalities and municipal corporations are conducted on party basis. It has been brought to the notice of the Government that the councils of certain municipalities and municipal corporations are not functioning properly since the chairman or, as the case may be, the mayor belongs to one party and majority of councillors belong to a different party. It is considered that if the mayor of a corporation or the chairman of a municipality enjoys the support of majority of councillors, the council can function in a better manner. Therefore, the Government decided to elect the mayors of the corporations and chairman of the municipalities including, Third Grade Municipalities and town panchayats indirectly by councillors or members, as the case may be, from among themselves.2. The next ordinary elections to the municipal corporations, municipalities including Third Grade Municipalities and town panchayats have to be conducted before the 24th October 2006 as the present term of the councils of the said municipal corporations and municipalities are due to expire on 24th October 2006. The ward-wise 2001 census figures were received recently. If fresh delimitation of division or wards are taken up based on the 2001 census figures, the ordinary election to the said municipal corporations and municipalities cannot be conducted before the 24th October 2006. It is considered that it would be proper to take up delimitation of divisions or wards of the municipal corporations and municipalities after the delimitation of Parliamentary and Assembly Constituencies. The Government, therefore, decided to conduct the ordinary elections to all the municipal corporations and municipalities including third grade municipalities and town panchayats to be held before the 24th October 2006, based on the existing territorial area of the divisions or wards, total number of wards and total number of councillors or members to be returned from such divisions or wards.3. The Government have also decided that the special village panchayats constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) be constituted as town panchayats under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).4. To give effect to the above decisions, the Government decided to amend the laws relating to the municipal corporations and municipalities, suitably.5. Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 4 of 2006) was promulgated by the Governor on the 14th July 2006 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 14th July 2006.6. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd August 2006.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2007 (Tamil Nadu Act 37 of 2007). - Of late, large number of no confidence motions are received against the chairmen and vice-chairmen of municipalities and town panchayats. Such large number of no confidence motions are unprecedented in the long history of the local bodies administration of this State. This may be due to better awareness of the provisions of the statutes on this issue or may be due to the growing intolerance among the elected representatives of the urban local bodies, out of political or personal reasons. However, it may also be attributed to unethical practices. This trend tends to divert the focus and attention of the council and administration from the real issues concerning the welfare of the people such as basic civic needs, infrastructure facilities and other development oriented initiatives and activities. As a result, smooth and cordial atmosphere of the councils of the concerned urban local bodies is disturbed and also the conduct of the meetings of the said councils is affected. This also tends to affect the administration of the urban local bodies. Though moving and passing of no-confidence motions are considered to be democratic rights, frequent use and misuse of the same will affect the very same democracy.2. The Government have, therefore, decided to curb the above undesirable trend and accordingly decided to make the provisions relating to moving and passing of no-confidence motions more stringent by amending the laws relating to the urban local bodies. The Government have also decided to abate all motions made expressing want of confidence and pending before any officer, authority, or the Government, immediately before the 4th October 2007. Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2007 (Tamil Nadu Ordinance 5 of 2007) was promulgated by the Governor on the 4th October 2007 and the same was published in the Tamil Nadu Government Gazette, Extraordinary dated the 4th October 2007.3. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th October 2007.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2008 (Tamil Nadu Act 35 of 2008). - At present there is no specific provision in the Acts governing urban local bodies to grant paid holidays on the day of poll, to those who are employed in any business, trade, industrial undertakings or other establishments and are entitled to vote at election to such urban local bodies. In view of that, during the urban local body elections, traders, industrial undertakings and other establishments do not grant paid holidays to their employees on the day of poll. The Tamil Nadu State Election Commission has requested the Government to make necessary provisions in the Acts governing urban local bodies to grant a holiday on the day of poll. Therefore, the Government have decided to make specific provision in the Acts governing urban local bodies, casting a duty upon the business, trade, industrial undertakings and other establishments to grant paid holiday on the day of poll to their employee who are entitled to vote at election to such urban local bodies and also to specify penalty for contravention thereof, on the lines of the provisions contained in section 135-B of the Representation of People Act, 1951 (Central Act 43 of 1951).2. The Bill seeks to give effect to the above decisions.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 2008 (Tamil Nadu Act 36 of 2008). - The Second State Finance Commission in its report has inter alia stated that at present no legal measure can be taken, if the property tax claim is more than six years old. The said Commission has, therefore, recommended that the time limit to initiate legal proceedings may be enhanced to twelve years.2. The Government have examined the above recommendation of Second State Finance Commission and decided to enhance the limitation period to make distraint, institute suit, commence prosecution in respect of any tax or other sum due as twelve years, by amending the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) suitably for the purpose. As the provisions of the Coimbatore City Municipal Corporation Act, 1981 are applicable to the Tiruchirappalli, Tinmelveli, Salem, Tiruppur and Erode Municipal Corporations also by virtue of section 8 of the respective Acts governing those Municipal Corporations, the amendments to be made to the said Tamil Nadu Act 25 of 1981 will stand extended to the said Municipal Corporations.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laivs (Fourth Amendment) Act, 2008 (Tamil Nadu Act 24 of 2008). - The Acts governing the Urban Local Bodies in the State were amended by the Tamil Nadu Municipal Laws (Amendment) Act, 2003, (Tamil Nadu Act 19 of 2003), to empower the District Collector to grant licence for hoardings and to make the Government as the appellate authority. By the said amending Act, amendments were also made to empower the Government to prescribe by rules the advertisement tax on hoardings subject to the maximum and minimum specified in the Act concerned and credit the licence fees and seventy-five per cent of the advertisement tax on hoardings to the Government account and the balance of twenty-five per cent on such advertisement tax to the account of the urban local body concerned.2. The Government have now decided that the licence fee and advertisement tax in respect of the hoardings shall be credited into the account of the urban local body concerned. It has been decided to amend the relevant Acts for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 13th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Fifth Amendment) Act, 2008 (Tamil Nadu Act 37 of 2008). - Government of India have launched the Jawaharlal Nehru National Urban Renewal Mission, under which financial assistance is provided to the States, to undertake urban infrastructure development projects. The said Jawaharlal Nehru National Urban Renewal Mission requires the State Governments and Urban Local Bodies (ULBs) to undertake certain reforms as a precondition to access funds under the Mission. These reforms are aimed at improving local governance, including accountability and transparency in administration.2. As part of the mandatory reforms, the States are required to enact a law to ensure maintenance of records and periodical disclosure of certain information to the public. Accordingly, the Government have decided to suitably amend the Acts governing urban local bodies of the State, to ensure maintenance of records and disclosure of information, by the urban local bodies, to the public at prescribed intervals of time. Details of information to be disclosed, manner of disclosure, intervals of time for disclosure, etc., and all connected matters are proposed to be provided in the Rules.3. The Bill seeks to give effect to the above decision.Published in Part IV- Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 13th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Sixth Amendment) Act, 2008 (Tamil Nadu 38 of 2008). - The Government constituted a High Level Committee under the Chairmanship of Honourable Minister for Rural Development and Local Administration, to examine and give recommendations on devolution of more powers and functions upon Urban Local Bodies.2. The said High Level Committee has recommended, among others, that the Acts governing urban local bodies of the State may be suitably amended to prescribe Mayors of City Municipal Corporations as an authority under the said Acts. The Committee has also given certain recommendations regarding prerogatives of the Mayor, relating to, access to records of the Corporation, important correspondences between Corporation and Government and also regarding entrustment of additional functions to Mayor.3. The said High Level Committee has also recommended that the financial power of the Contract Committee of the Municipalities may be enhanced up to Rs. 50,000.4. The Government have, therefore, decided to accept the above recommendations of the said High Level Committee and to amend the Acts governing urban local bodies suitably, for this purpose.5. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 13th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Seventh Amendment) Act, 2008 (Tamil Nadu Act 57 of 2008). - The National Commission for Scheduled Caste and Scheduled Tribes in its Seventh Report has recommended the following:-"In case of elective offices such as Parliament/Legislative Assembly/Municipal Corporation/Panchayat, the false caste certificate holder should be immediately sacked from the post/chair and must be debarred from contesting election for at least 6 years, besides the punishment provided under law."2. The Government of India have requested the State Government to take suitable action, on the above said recommendation. Therefore, the Government have decided to amend the laws relating to Municipal Corporations and Municipalities in the State, so as to give effect to the said recommendation of the National Commission for Scheduled Caste and Scheduled Tribes.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 12th November 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2009 - Tamil Nadu Act No. 15 of 2009, dated 05.08.2009. - Section 81(3)(a) of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), Section 120(4)(a) of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and Section 121(4)(a) of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), provide for the levy of property tax on vacant lands which are not used exclusively for agricultural purposes and are not occupied by, or adjacent and appurtenant to, buildings, based on the capital value of the said lands.2. The Third State Finance Commission has recommended that the said Sections may be amended suitably on the lines of Rule 114 of the Tamil Nadu Urban Local Bodies Rules, 2000 (which has been kept under suspension ), so as to levy the property tax subject to the minimum and maximum rates per square feet fixed by the Government, instead of fixing the said tax based on the capital value of the vacant lands. The High Level Committee constituted to examine devolution of more powers on Urban Local Bodies has also recommended that necessary action may be pursued to implement the said recommendation of the Third State Finance Commission.3. The Government have accepted the said recommendation of the Third State Finance Commission and the High Level Committee, and decided to amend the said Acts suitably for the purpose. The Government have also decided to repeal the Tamil Nadu Municipal Laws (Second Amendment) Act, 1997 (Tamil Nadu Act 65 of 1997) as amended by Tamil Nadu Act 34 of 1998 by which the said Tamil Nadu Acts IV of 1919, V of 1920,15 of 1971 and 25 of 1981 were amended.4. The Bill seeks to give effect to the above decisions.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2009 - Tamil Nadu Act No. 10 of 2009, dated 03.08.2009. - As per the provisions of the Acts governing the urban local bodies, the municipal corporation and the municipality may levy a tax on profession, trade, calling and employment on every company which transacts business and on every person who is engaged actively or otherwise in any profession, trade, calling or employment.2. The income of a person doing the same business in one or more places in the same name within corporation or municipality can be dubbed together for the purpose of levy of profession tax. As the profession tax is the income for the benefit of the local bodies, the Government have decided to make explicit provisions in the said Acts to the effect that each branch or unit of a company, Hindu undivided family, firm, corporation, other corporate body, society, club, body of persons and association which transacts business within the corporation limit and within the municipal area shall pay a tax on any profession, trade, calling and employment, levied by the corporation or municipality, as the case may be, by amending the said Acts.3. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2010 - Tamil Nadu Act No. 35 of 2010, dated 26.11.2010. - In order to strengthen the Municipal Governments and institutionalize citizens' participation in municipal function, it has been decided to empower the councils of Municipal Corporations and municipal councils to constitute a Wards Committee for each ward of the Urban Local Bodies with the elected councillor as the chairperson of the said committee with members nominated by the council. It has also been decided to empower the councils of Municipal Corporation and municipal councils to constitute an Area Sabha for each area of the ward with the elected councillor of the ward, to be the chairperson and convener of the Area Sabha. It has been decided to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Chennai City Municipal Corporation, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act, 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) suitably for the above purpose. Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2010 (Tamil Nadu Ordinance 6 of 2010) was promulgated by the Governor on the 28th October 2010 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 29th October 2010.2. The Bill seeks to replace the said Ordinance.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2011 - Tamil Nadu Act No. 2 of 2011, dated 05.02.2011. - The 'Digital Banners' are presently covered under the definition of 'Hoarding' in the Urban Local Bodies Acts. As the digital banners and placards are used for specific purpose for a specified period, the Government have decided that a separate provision may be made in respect of digital banners and placards and in order to effectively regulate the erection of digital banners and placards, suitable provisions for obtaining prior permission from the authorities, period of display, removal of such unauthorized structures, safe and proper removal and disposal of such materials after the expiry of the period for which permission has been granted, etc., may be made in the Urban Local Bodies Act. Accordingly, it has been decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) suitably for the above purpose.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2011 - Tamil Nadu Act No. 15 of 2011, dated 06.09.2011. - At present, the Mayors of the Municipal Corporations and Chairpersons of the Municipalities, are elected by the Councillors from among themselves. It has been brought to the notice of the Government that most of the Mayors or the Chairpersons are merely concentrating in the development of their respective ward from where they are elected, instead of concentrating on the development of the entire Corporation or Municipal areas. Therefore, the Government have decided to change the method of election of Mayor or Municipal Corporation and Chairperson of Municipality, from indirect to direct one, which will facilitate to better administration of the Corporations and Municipalities and resulting in more efficient and quick delivery of civic services to the people. The Government have, therefore, decided to amend the laws relating to Municipal Corporations and Municipalities suitably.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 2011 - Tamil Nadu Act No. 16 of 2011, dated 06.06.2011. - The next ordinary election to the Municipal Corporations, Municipalities and town Panchayats have to be conducted before 24th day of October 2011. The question of fixation of ward strength with reference to 2001 population census figures and consequent delimitation of wards was taken up by the Commissioners of Municipal Corporations and Executive officers of Municipalities and Town Panchayats. However, the delimitation work has yet to be completed in respect of Tirunelveli and Salem Municipal Corporations and in respect of majority of Municipalities and in all town Panchayats in this State. As such, the delimitation work cannot be completed within the time available before 25th October 2011. The government have, therefore, decided to conduct the said ordinary election, based on the existing territorial area of the divisions or wards, total number of wards and total number of Councillors, or members to be returned from such wards/divisions, in respect of urban local bodies for which delimitation work has not yet ben completed and to amend relevant urban local bodies Acts, suitably in this regard.2. The Bill seeks to give effect to the above decisions.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Amendment) Act, 2011 - Tamil Nadu Act No. 17 of 2011, dated 06.09.2011. - According to the First Proviso to sub-section (1) of Section 7 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act 5 of 1920), the number of councillors to a Municipal council notified by the Government under the said Section 7 shall not be less than twenty. But, in some of the recently reclassified Third Grade Municipalities and Town Panchayats as Municipalities, the number of councillors are less than twenty. Since it would not be possible to increase the number of councillors to the minimum as specified in the above provision in respect of such municipalities before the ordinary elections to the Local Bodies scheduled during September 201L in the absence of accurate census figures on population for delimitation or wards and reservations of seats in the election to the wards, it has been decided to fix the minimum number of councillors specified in the above Proviso to sub-section (1) of the said Section 7 as fifteen. Accordingly, the Government have decided to amend the said Section 7 of the said Tamil Nadu Act V of 1920 suitably for the purpose.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2012 - Tamil Nadu Act No. 7 of 2012, dated 23.02.2012, w.e.f. 25,10.2011. - The process of transition, following the expansion of the territorial limits of Municipal Corporations and Municipalities, by the inclusion of adjacent local areas, is underway. To effectively deal with the matters relating to such transitions, like, vesting of the assets and liabilities of, continuance of taxes, fees, duties being levied by, absorption of employees of the local bodies of such local areas, it has been decided that necessary provision may be inserted in the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act,1920 (Tamil Nadu Act V of 1920). Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2012 (Tamil Nadu Ordinance 3 of 2012) was promulgated by the Governor on the 25th January 2012 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 26th January 2012.2. The Bill seeks to replace the said Ordinance.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2012 - Tamil Nadu Act No. 16 of 2012, dated 31.05.2012. - The government has decided to ensure a barrier free environment for the differently abled persons by providing special facilities in the multi-storeyed and public buildings, such as ramps, etc. To achieve the said object in view, the government have decided to suitably amend the Tamil Nadu District Municipalities Act, 1920, the Madurai City Municipal Corporation Act, 1971 and the Coimbatore City Municipal Corporation Act, 1981.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 2012 - Act No. 17 of 2012, dated 31.5.2012, w.e.f. 1.10.2012. - At present, differently abled persons with total disability in one or both the hands or legs, spastics, totally dumb or deaf persons or totally blind persons alone are exempted from the payment of profession tax, as per the provisions of the Urban Local Bodies Acts. In the absence of specific definition of disability in the said Acts, all the differently abled persons are not in a position to avail the said benefit. The Government have, therefore, decided that all differently abled persons shall be exempted from the payment of profession tax and in order to achieve the same, the Government have decided to amend the Urban Local Bodies Act so as to exempt the persons with disability as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and also dumb persons from the tax on profession.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2012 - Tamil Nadu Act No. 47 of 2012, dated 16.11.2012. - It has been brought to the notice of the Government that unfortunate death of a school student has occurred due to lack of safety measures in construction and maintenance of swimming pool. The Government, therefore consider that there is an imperative need to evolve meaningful and comprehensive measures to ensure the safety and security of the users of the swimming pool, particularly in educational institutions. Accordingly, to effectively regulate the construction, maintenance and monitoring of swimming pools, the Government have decided to suitably amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).2. The Bill seeks to give effect to the above decision.Received the assent of the Governor on the 5th May 1920 and that of the Governor-General on the 15th June 1920 and the assent of the Governor-General was first published in the Fort St. George Gazette on the 29th June 1920.An Act to consolidate and amend the law relating to District MunicipalitiesPreamble. - Whereas it is expedient to consolidate and amend the law relating to district municipalities in the [State of Tamil Nadu] [Substituted for the expression 'Presidency of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970 which was deemed to have come into force on the 14th January 1969.] and whereas the previous sanction of the Governor-General has been obtained under section 79 of the Government of India Act, 1915, to the passing of this Act; It is hereby enacted as follows:-Part I – Chapter I
Preliminary1. Title and extent.
2. Repeal of enactments.
- The enactments mentioned in Schedule I are repealed to the extent specified in the fourth column thereof.3. Definitions.
- In this Act unless there is anything repugnant in the subject or context-3A. Application of Chapter.
- This Chapter shall apply only to the [Third Grade Municipalities] [Substituted for the words 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)].3B. Formation of [Third Grade Municipalities] [Substituted for the word 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004)]
. - (1) The Governor,-(a)may, having regard to the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he deems fit, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages and having a [population estimated at not less than thirty thousand] [Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)] as a [transitional area] [Substituted for the word 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)] for the purposes of this Act; and(b)shall, by notification, specify the name of such [Third Grade Municipality] [Substituted for the words 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)]:3C. Constitution of [Third Grade Municipalities] [Substituted for the words 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004)].
3D. Incorporation of [Third Grade Municipality] [Substituted for the words 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Act 24 of 2004)].
3E. Alteration of classification of [transitional area] [Substituted for the words 'Panchayat Town' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)].
3F. Strength of a [Third Grade Municipality] [Substituted for the words 'Town Panchayat' by the Tamil Nadu Act 24 of 2004].
3G. Duration of [Third Grade Municipality] [The expression '(exclusive of its Chairman)' was omitted by the Tamil Nadu Municipal laws (Amendment) Act 2006 (Tamil Nadu act 18 of 2006)].
3GG. [ Appointment of Special Officer in certain circumstances. [Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 2001 (Tamil Nadu Act 4 of 2001)]
3GGG. Appointment of Special Officer in certain circumstances.
3H. Election of members to [Third Grade Municipality] [Substituted for the words 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004)].
- The members of [Third Grade Municipality] [Substituted for the words 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004)] referred to in sub-section (1) of section 3-C shall be elected in such manner as may be prescribed:Provided that no person shall be eligible to be elected under this Act as a member of more than one [Third Grade Municipality] [Substituted for the words 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004)].3I. Reservation of seats.
3J. Division of [Third Grade Municipality] [Substituted for the word 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)] into wards.
3K. Term of office of members.
3L. Electoral roll.
3M. Application of the Act to [Third Grade Municipality] [Substituted for the word 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)].
- The State Government may, by notification, direct that any of the provisions of this Act and the rules made thereunder or of any other enactment for the being in force elsewhere in the State of Tamil Nadu but not in the [transitional area] [Substituted for the word 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)] shall apply to that [Third Grade Municipality] [Substituted for the word 'Town Panchayat' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)] to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.3MM. [ Special provisions relating to village panchayat constituted as Third Grade municipality. [Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)]
3N. Chapter to override other laws.
3O. Application of Chapter.
- This Chapter shall apply only to the town panchayats.3P. Formation of town panchayats.
3Q. Constitution of town panchayats.
3R. Incorporation of town panchayats.
3S. Alteration of classification of panchayat towns.
3T. Strength of a town panchayat.
3U. Duration of town panchayat.
3V. Election of members to town panchayat.
- The members of town panchayat referred to in sub-section (1) of section 3-Q shall be elected in such manner as may be prescribed:Provided that no person shall be eligible to be elected under this Act as a member of more than one town panchayat.3W. Reservation of seats.
3X. Division of town panchayats into wards.
3Y. Term of office of members.
3Z. Electoral roll.
3AA. Application of the Act to town panchayats.
- The State Government may, by notification, direct that any of the provisions of this Act and the rules made under this Act or of any other enactment for the time being in force elsewhere in the State of Tamil Nadu but not in the panchayat town shall apply to that town panchayat to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.3BB. Chapter to override other laws.
3CC. Special provisions relating to village panchayat constituted as town panchayat.
Part II – Establishment, Constitution and Government of District Municipalities
Chapter II
Creation and Abolition of Municipalities
4. Creation of municipalities.
4A. [ Townships. [This section was inserted by section 2 of the Tamil Nadu District Municipalities (Amendment) Act, 1959 (Tamil Nadu Act 19 of 1959)]
- [(1) The Governor may, having regard to the size of the area and the municipal service being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, declare any urban area comprised in any municipality or specified area therein to be an industrial township.]4B. [ Declaration of a township to be a municipality. [Section 4B was inserted by the Tamil Nadu District Municipalities (Amendment) Act 1990 (Tamil Nadu Act 33 of 1990)]
5. [ Duration of municipality. [Section 5 was substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1990 (Tamil Nadu Act 33 of 1990)]
Chapter III
Constitution of Municipal Authorities Authorities
6. The municipal authorities and their incorporation.
- [(1) The municipal authorities charged with carrying out the provisions of this Act are-(a)a council;(b)a chairman; and(c)an executive authority.]7. Constitution of council.
- [(1) The municipal council shall consist of such number of councillors [(exclusive of its Chairman)] [Sub-section (1) was substituted by Tamil Nadu Act 23 of 1978 ] as may be determined by the State Government, by notification and different notifications may be issued for different municipal councils:Provided that the number of Councillors so notified shall not be more than fifty-two and shall not be less than [fifteen] [Substituted for 'twenty' by Tamil Nadu Act No. 17 of 2011, dated 06.9.2011.]:Provided further that the power to determine the number of councillors shall not be exercised by the State Government more than once within a period of five years in respect of any municipality.] [ This section was substituted for the original sub-section by section 2 of the Madras District Municipalities (Amendment)Act, 1933 (Tamil Nady Act 15 of 1933)]7A. [ Election of chairman. [Inserted by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, (w.e.f. 12.9.2011)]
- The Chairman shall be elected by the persons whose names appear in the electoral rolls relating to the municipality from among themselves in accordance with such procedure as may be prescribed:Provided that a person who stands for election as chairman 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 chairman:Provided also that no councillor shall be eligible to stand for election as chairman.]8. Term of [Chairman or Councillors] [Substituted for 'councillors' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] and filling of seats.
9. Procedure when no [chairman or councillor] [Substituted for 'councillor' by Tamil Nadu Act No. 15 of dated 06.09.2011, (w.e.f. 12.9.2011)] is elected.
10.
[Omitted by section 9 of Tamil Nadu Act X of 1930.]11.
[Omitted by section 4 of the Madras District Municipalities (Amendment), 1933 (Madras Act XV of 1933).]12. [ The chairman and vice-chairman of the municipality. [Section 12 and 12A were Substituted for section 12 by section 11 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) and section 12 was omitted by section 5 of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu XV of 1933)]
12A. Procedure when no [***] [Word 'chairman or' omitted by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] vice-chairman is elected.
- If at an election held tmder section 12 no [***] [Word 'chairman or' omitted by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] vice-chairman is elected, a fresh election shall be held.12B. [ Chairman, vice-chairman or councillor not to receive remuneration. [Section 12B was inserted by section 6 of the Tamil Nadu District Municipalities (Amendment), Act 1933 (Madras Act XV of 1933)]
- No chairman, vice-chairman or councillor shall receive or be paid, from the funds at the disposal of or under the control of the council, any salary or other remuneration for services rendered by him in any capacity whatsoever.]12BB. [ Chairman, vice-chairman or councillor to obtain permission to undertake trip to foreign country. [Inserted by Tamil Nadu Act 31 of 2002]
- No person holding the office of chairman, vice-chairman 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.]12C. [ Commissioner. [This section was substituted for section 12C (which was inserted by section by ibid (by section 2 of the Tamil Nadu District Municipalities (Second Amendment)Act 1955 (Tamil Nadu Act XXXI of 1955)]
13. [ Functions of the chairman. [Section 13, 13A and 13B and the heading thereto were substitutedfor the original section 13 and the heading thereto by section 7 of the Madras District Municipalities (Amendment) Act, 1933(Madras Act XV of 1933)]
- The chairman of the municipal Council shall-13A. Functions of the executive authority.
- The executive authority of the municipal council shall-13B. Rights of chairman where a commissioner has been appointed.
- In the case of municipalities included in Schedule IX or notified under sub-section (1) of section 12-C, the chairman shall have full access to all the records of the municipal council and no official correspondence between the council and 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] shall be conducted except through the chairman. The chairman shall be bound to transmit communications addressed through him by the Commissioner to 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] or by 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] to the Commissioner.]14. [ The Chairman to be member of council and of every committee of the council. [Substituted by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011]
- The chairman shall, by virtue of his office, be a member of council and of every committee of the council.]15. Emergency powers of executive authority.
- The [executive authority] [These word were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act 1933 (Madras Act XV of 1933)] may, in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the council, 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 such work or doing such act shall be paid from the municipal fund:Provided that-16. [ Power of executive authority to incur petty contingent expenditure. [This section was inserted by section 3 of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXVIII of 1942), re-enacted permanently with specified modification by section 3 of, and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).]
- The executive authority may, without the sanction of the council, incur petty contingent expenditure incidental to the municipal administration, not exceeding [fifty rupees] in each case:Provided that-17.
[Omitted by section 15 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]18. [ Delegation and devolution of functions of chairman. [This section was substituted for the original section by section 16 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
18A. [ Rights and duties of the Commissioner. [This section was inserted by section 9 of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)]
19. Functions of the council.
- Subject to the provisions of this Act, the municipal administration shall vest in the council, but the council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to the [chairman or executive authority] [These words were substituted for the word 'chairman' by section 17(2) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)]20. Duties and powers of individual councillors.
21. Council's power to call for records.
- The council may at any time, require the [executive authority] [These words were substituted for the words 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] to produce any [xxx] [The words 'record, plan, correspondence or other' were omitted by section 18 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] document which is in his custody.The [executive authority] [These words were substituted for the words 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interests of the council or of the public, in which case he shall make a declaration in writing to that effect and shall, if required by the council, refer the question to the District Collector, whose decision shall be final.22. [Executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] to carry out council's resolutions.
- The [Executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] shall be bound to give effect to every resolution of the council unless such resolution is modified, suspended or cancelled by a controlling authority.23. [ Appointment of standing committee. [Substituted by Tamil Nadu Act 22 of 1996, w.e.f. 14th August 1996]
23A. [ Taxation Appeals Committee. [Original section 23A was inserted by Tamil Nadu Act 15 of 1987 with effect from 27th May 1987 and the present section 23A was substituted by Tamil Nadu Act 16 of 1989 with effect from 29th May 1989.]
- Notwithstanding anything contained in this Act,-24. Appointment of special committees.
- It shall be lawful for the council from time to time by a resolution supported by not less than one-half of the sanctioned strength of the council to appoint as members of any committee any persons [xxx] [The words 'of either sex' were omitted by section 20(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] who are not councillors but who may in the opinion of such council possess special qualifications for serving on such committee. But the number of persons so appointed on any committee shall not exceed one-third of the total number of members of such committee. All the provisions of this Act relating to the duties, powers, liabilities and disqualifications and disabilities of councillors shall, save as regards, the disqualification on the ground of [residence] [This word was substituted for the word 'sex' by section 20(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu X of 1930)], be applicable, so far as may be, to such persons:[Provided that nothing contained in this section shall apply to the Taxation Appeals Committee referred in section 23-A.] [Inserted by Tamil Nadu Act 15 of 1987.]24A. Preparation of development plan.
- There shall be prepared every year a development plan for the municipality and the panchayat town and submitted to the District Planning Committee constituted under section 241 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) having jurisdiction over the municipality or the [Third Grade Municipality] [Substituted for the words 'Town Panchayats' by the Tamil Nadu District Municipality (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004).].24B. Wards Committee.
24C. [ Constitution of Wards Committee. [Inserted by Tamil Nadu Act No. 35 of 2010, dated 26.11.2010]
24D. [ Term of office of Chairperson of Wards Committee. [Inserted by Tamil Nadu Act No. 35 of 2010, dated 26.11.2010]
24E. [ Function and Duties of Wards Committee. [Inserted by Tamil Nadu Act No. 35 of 2010, dated 26.11.2010]
24F. [ Constitution of Area Sabha. [Inserted by Tamil Nadu Act No. 35 of 2010, dated 26.11.2010]
24G. [ Term of office of Chairperson of Area Sabha. [Inserted by Tamil Nadu Act No. 35 of 2010, dated 26.11.2010]
24H. [ Functions and Duties of Area Sabha. [Inserted by Tamil Nadu Act No. 35 of 2010, dated 26.11.2010]
- The functions and duties of the Area Sabha, and the procedure to be adopted for transaction of its business shall be such as may be prescribed.]25. Rules and regulations for proceedings of council.
- The council shall observe the rules in Schedule III and may make [xxx] [The word 'supplementary' was omitted by section 21(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] regulations not inconsistent therewith or with other provisions of this Act or any rules made by the [State Government] [The words 'Provincial Government' were substituted for the word 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950] in regard to the following matters:-26. [ Appointment of joint committee. [This section was substituted for the original section by section 22 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
27. Notification of election.
- All elections [xxx] [This words 'and appointments' were omitted by section 23 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] of chairman, vice-chairman and members of municipal councils shall be notified in the [Official Gazette] [These words were substituted for the words 'Fort St. George Gazette' by the Adaptation Order of 1937.].28. Presidency of council.
- [(1) Every meeting of the council shall be presided over by the chairman; in his absence by the vice-chairman; and in the absence of both the chairman and the vice-chairman, [the councillors] [This sub-section was substituted for the original sub-section by section 24(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] and-(a)in the case of [Third Grade Municipalities] [Substituted for the words 'town panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act of 2004).], the persons referred to in clauses (b) and (c) of sub-section (2) of section 3-C; and(b)in the case of municipalities, the persons referred to in clauses (b) and (c) of sub-section (3) of section 7 shall elect one from among the councillors to preside for the occasion.]29.
[Omitted by section 25 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]30. [Chairman and Councillor] [Substituted for 'Councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] when to abstain from taking part in discussion and voting.
31. [ Power of chairman, vice-chairman or councillor to resign. [Section 31 was substituted by Tamil Nadu Act 223 of 1978]
- Any councillor or vice-chairman may resign his office by giving notice to the chairman; the chairman may resign his office by giving notice to the Commissioner. Such resignation shall take effect in the case of a councillor or vice-chairman from the date on which it is received by the chairman and in the case of a chairman from the date on which it is received by the Commissioner.] [The Explanation was re-numbered as Explanation I and Explanation II were added by (Tamil Nadu Act 25 of 1994).]32. [ Acts of municipal council, etc., not to be invalidated by informality, etc. [This section was substituted for the original section by section 28 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
- No act of a municipal council or of a committee thereof or of any person acting as chairman, vice-chairman or member of the municipal council or committee shall be deemed to be invalid by reason only of a defect in the establishment of the municipality or committee or on the ground that the chairman, vice-chairman or any member of the council or committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or appointment or by reason of such act having been done during the period of any vacancy in the office of chairman, vice-chairman or member of the council or committee.]Administration Report33. Annual administration report.
34. Power of [State Government] [The word 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950] and Collector for purposes of control.
35. Collector's power to enforce execution of resolutions.
- If it appears to the District Collector that the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)] of a municipality has made default in carrying out any resolution of the council, the said Collector, after giving the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)], a reasonable opportunity of explanation, shall send a report thereon together with the explanation, if any, of the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)] to the [State Government] [The word 'Provincial Government' were substituted for the word 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950] and at the same time forward a copy of the same to the council.36. [ Power to suspend or cancel resolutions, etc., under Act. [This section was substituted for the original section by section 31 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
37. Emergency powers of Collectors.
38. State Government's power to appoint officers to supervise municipalities.
38A. Control over municipal electrical undertakings.
- The administration by a municipal council of any undertaking for the generation, transmission, supply or use of electrical energy shall be subject to such control as may be prescribed, not inconsistent with the [Indian Electricity Act, 1910 (Central Act IX of 1910)] [Now, the Electricity Act, 2003 (Central Act 36 of 2003)], as in force for the time being, the rules made under that Act, and the terms of the licence granted under it to the municipal council.39. State Government's power to undertake works for, or to take action in default of, a municipality.
40. State Government to remove [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.].
40A. Motion of no confidence in [vice-chairman] [Substituted for 'chairman or vice-chairman' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011].
40B. [ Removal of chairman. [Inserted by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.]
40C.
[***][Section 40-C was inserted by Tamil Nadu District Municipalities (Amendment) Act, 1987 and omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1989 (Tamil Nadu Act 16 of 1989.]41. State Government's power to dissolve [xxx] [The words 'or supercold' was omitted by Tamil Nadu Act 25 of 1994] council.
- [(1) If, in the opinion of the State Government, the municipality is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers, the State Government may, by notification-(a)dissolve the municipality from a specified date; and(b)direct that the municipality be reconstituted with effect from a date which shall not be later than six months from the date of dissolution.]42. Powers of officers acting for, or in default of, municipal council and liability of municipal fund.
- When the District Collector or person appointed by 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] lawfully takes action on behalf of or in default of, the municipal council under this Act, he shall have all such powers as are necessary for the purpose, and shall be entitled to the same protection under this Act as the municipal authority whose powers he is exercising, and compensation shall be recoverable from the municipal fund by any. person suffering damage from the exercise of such powers to the same extent as if the action has been taken by such municipal authority.Chapter IV
Election and Appointment of Councillors Elections
43. Election of municipal councillors.
43A. [ Election of same person for more than one ward. [This section was inserted by section 5 of the Tamil Nadu District Municipalities (Amendment) Act, 1973 (Tamil Nadu Act 17 of 1973)]
43AA. [ Special provision relating to election. [Inserted by section 29 of the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006)]
- Notwithstanding anything contained in this Act or the rules made or orders issued under this Act, for the first election to the municipal council to be held immediately after the 14th day of July 2006, the territorial area of the wards of the municipal council, the total number of wards and the total number of councillors or members, as the case may be, to be returned from such wards shall be the same as they exist on the 14th day of July 2006.]43AAA. [ Special provision relating to election. [Inserted by Tamil Nadu Act No. 16 of 2011, dated 06.06.2011.]
- Notwithstanding anything contained in this Act or the Rules made or orders issued under this Act, for the first election to the municipal councils except the municipal councils or Pudukottai, Karur, Kancheepuran, Hosur, Namakkal, Villupuram, Tirupathur and Nagercoil municipalities, to be held immediately after the date of commencement of the Tamil Nadu Municipal Laws (Third Amendment) Act, 2011, the territorial area of the ward of the municipal councils, the total number of wards and the total number of councillors or members, as the case may be, to be returned from such wards shall be the same as they exist on the date of commencement of the Tamil Nadu Municipal Laws (Third Amendment) Act, 2011.]43B. [ Election to the municipalities including [Third Grade Municipalities and Town Panchayats] [Section 43B and 43C were by Tamil Nadu Act 25 of 1994].
43BB. [ Grant of paid holiday to employees on the day of poll. [Inserted by Tamil Nadu Municipal Laws (Second Amendment) Act, 2008 (Tamil Nadu Act 35 of 2008).]
43C. [ Power of State Government to make election rules. [Section 43B and 43C were by Tamil Nadu Act 25 of 1994]
43D. [ Voting machine at elections. [Section 43D was inserted by Tamil Nadu Act 10 of 2001.]
- 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 a municipality as the [Tamil Nadu 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.]44. [ [Section 44 was substituted by the Madras City Municipal and District Municipalities and Local Boards (Amendment) Act, 1938 (Tamil Nadu Act II of 1938).]
[(1) The electoral roll of the municipality 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 a municipality and shall be deemed to be the electoral roll for such municipality 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 any municipality and before the notification of the result of such election, shall form part of the electoral roll for such election, for the purpose of this section.]44A. [ Jurisdiction of Civil Courts barred. [Inserted by Tamil Nadu Act 32 of 1980]
- No Civil Court shall have jurisdiction-44B. Making false declaration.
- If any person makes in connection with-45.
[Omitted by section 3(2) of the Tamil Nadu City Municipal Corporation, District Municipalities and Panchayats (Amendment) Act, 1968 (Tamil Nadu Act 6 of 1968).]46.
[Omitted by section 38 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]47. [ Disqualification of voter. [This section was substituted for the original section 47 by section 39, and subsequently the substituted section was again substituted by the Tamil Nadu Act 32 of 1980]
- Notwithstanding anything contained in subsection (6) of section 44, no person who is of unsound mind and declared so by the competent Court should be qualified to vote and no person who is disqualified under section 60 shall be qualified to vote so long as the disqualification subsists.]Qualifications for Membership of Council48. Qualification of candidates.
- [(1) No person shall be qualified for election as a [chairman or as a councillor] [Sub-section (1) of section 48 was substituted by Tamil Nadu Act 32 of 1980] unless-](a)his name is included in the electoral roll of the municipality; and(b)he has completed his twenty-five years of age.48A. [ Powers of [Tamil Nadu State Election Commission] [Section 48A was inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1994 (Tamil Nadu Act 25 of 1994).].
48B. Statements made by persons to the [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu Municipal Law (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001).].
- No statement made by a person in the course of giving evidence before the [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu Municipal Law (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001).] shall subject him to, or be used against him in, any civil or judicial proceeding except a prosecution for giving false evidence by such statement:Provided that the statement -48C. Procedure to be followed by the [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu Municipal Law (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001).].
- The [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu Municipal Law (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001).] 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).48D. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu Municipal Law (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001).] 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 48-A to 48-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.49. Disqualification of candidates.
49A. [ Disqualification for chairman, vice-chairman and councillor. [Inserted by the Tamil Nadu Municipal Laws (Amendment) Act, 2002 (Tamil Nadu Act 29 of 2002).]
- Notwithstanding anything contained in this Act, no person shall be qualified for being elected as, and for being, a chairman, vice-chairman or councillor of a municipality or of a [Third Grade Municipality] [Sub-section (2A) added by section 4 of the Tamil Nadu Act XXII of 2001.] if he is a member of the Legislative Assembly of the State or a member of either House of Parliament]. [The proviso was inserted as a proviso to clause (c) by section 41(ii)(c) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]50. Disqualification of [chairman or councillors] [Substituted for 'councillors' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.].
50A. [ Oath or affirmation. [Section 50A was substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1994 (Tamil Nadu Act 25 of 1994).]
51. Decision of questions of disqualification of [chairman or councillors] [Substituted for 'councillors' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] by district judge.
51A. Election petitions.
51B. Grounds for declaring elections to be void.
51C. [ Corrupt practices. [This heading with section 51C was inserted by the Tamil Nadu District Municipalities (Amendment) Act 1994 (Tamil Nadu Act 25 of 1994).]
- The following shall be deemed to be corrupt practices for the purposes of this Act:-52. to 55.
[Omitted by section 44 of the Madras City Municipal Corporation District Municipalities and Panchayats (Amendment) Act, 1964 (Tamil Nadu Act 2 of 1964)]56. Infringement of secrecy of election.
- [Every officer, clerk, agent or other person performing any duty in connection with the recording or counting of votes at an election] [These words were substituted for the words 'Every polling officer, clerk or other person in attendance at the polling room' by section 17 of the Tamil Nadu City Municipal Corporation and District Municipalities (Amendment) Act 1962 (Tamil Nadu Act 10 of 1962)] 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.56A. [ Minimum penalty for personation at an election. [Sections 56-A to 56-N were inserted by section 18 of the Tamil Nadu City Municipal Corporation and District Municipalities (Amendment) Act, 1962 (Tamil Nadu Act 10 of 1962).]
- Notwithstanding anything contained in section 171-F of the Indian Penal Code (Central Act XLV of 1860), any person who in connection with an election under this Act commits an offence of personation punishable under that section shall be punished with imprisonment for a term which shall not be less than six months and not more than two years and with fine.56B. Promoting enmity between classes in connection with election.
- 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.56C. Prohibition of public meetings on the day preceding the election day and on the election day.
56D. Disturbances at election meetings.
56E. Restrictions on the printing of pamphlets, posters, etc.
56F. Officers, etc., at elections not to act for candidates or to influence voting.
56G. Prohibition of canvassing in or near polling stations.
56H. Penalty for disorderly conduct in or near polling stations.
56I. Penalty for misconduct at the polling station.
56J. Penalty for illegal hiring or procuring of conveyances at elections.
56K. Breaches of official duty in connection with election.
56L. Removal of ballot papers from polling station to be an offence.
56M. Other offences and penalties therefor.
56N. Prosecution regarding certain election offences.
- No Court shall take cognizance of any offence punishable under section 56-F or under section 56-K or under clause (a) of sub-section (2) of section 56-M except on compliant in writing made by order of, or under authority from the State Government.]57. to 59.
[Omitted by section 44 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]60. [ Disqualification of persons convicted of election offences. [This section was substituted for the original section by section 45 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
- Every person convicted of an offence punishable [under section 56, 56-A, 56-B, 56-C, 56-D, 56-E 56-F, 56-G, 56-H, 56-1,56-J, 56-K, 56-L or 56-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 [xxx] [The words 'or from being co-opted as councillor' were inserted by the (Tamil Nadu Act 19 of 31) w.e.f. 18th July 1991 and were subsequently omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1994 (Tamil Nadu Act 25 of 1994).] or from holding the office of municipal councillor for a period of five years from the date of his conviction [xxx] [The words 'or for such shorter period as the court may, by order determine' were omitted by section 19(ii) of the Tamil Nadu City Municipal Corporation and District Municipalities (Amendment) Act 1962 (Tamil Nadu Act 10 of 1962).].]Requisitioning of Property for Election Purposes60A. [ Requisitioning of premises, vehicles, etc., for election purposes. [This heading and section 60A to 60H were inserted by section 20 of the Tamil Nadu City Municipal Corporation and District Municipalities (Amendent) Act, 1962 (Tamil Nadu Act 10 of 1962).]
60B. Payment of compensation.
60C. Power to obtain information.
- The State Government may, with a view to requisitioning any property under section 60-A or determining the compensation payable under section 60-B, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.60D. Powers of entry into and inspection of premises, etc.
60E. Eviction from requisitioned premises.
60F. Release of premises from requisition.
60G. Delegation of functions of the State Government with regard to requisitioning.
- The State Government may, by notification, direct that any powers conferred or any duty imposed on the State Government by any of the provisions of sections 60-A to 60-F shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.60H. Penalty for contravention of any order regarding requisitioning.
- If any person contravenes any order made under section 60-A or section 60-C, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.]Chapter V
Powers of Municipal Authorities in Respect of [Property, Contracts and Establishment] [These words were substituted for the words 'Property, Contracts Establishment' by section 3 of and the Second Schedule to the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955).] Property
61. Vesting of public streets and appurtenances in the municipal council.
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,-62. Collected sewage, etc., to belong to municipal council.
- All rubbish and filth and other matter collected by a municipal council under this Act shall belong to the council.63. Power of Board of Revenue to transfer control of endowments to municipal council.
- [(1)] [The original section 63 was re-numbered as section 63(1) by section 5 of the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).] Subject to the control 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], the Board of Revenue may, by notification, [with the consent of a municipal council, make over to the council] [These words were substituted for the words 'with the consent of the municipal council make over to a municipal council' by section 47(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] the management and superintendence of any charitable endowment in respect of which powers and duties attach to the Board of Revenue under the provisions of the [Tamil Nadu] [These words were substituted for the words 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] Endowments and Escheats Regulation, 1817]; and thereupon all powers and duties which attach to the Board of Revenue in respect thereof shall attach to [the council] [These words were substituted for the words 'such council' by section 47(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] as if it had been specially named in the said regulation, and the council shall manage [and superintend] [These words were inserted by section 47(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] such endowment.64. Inventory of municipal property.
65. Limitation of power to accept property in trust.
- The council may accept trusts relating exclusively to the furtherance of [any purpose] [These words were substituted for the 'purposes' by section 48 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] to which the municipal find may be applied.66. Objects not provided for by this Act.
- 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, [with the consent of a municipal council, transfer to the council] [These words were substituted for the words 'with the consent of the council of any municipality, transfer to any municipal council' by section 49 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] the management of any institution or the execution of any work not provided for by this Act, and it shall, thereupon, be [lawful for the council to undertake such management or execution] [These words were substituted for the 'lawful for such council to undertake the management of the institution or the execution of the work' by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 19300.)]:Provided that in every such case, the funds required for such management or execution shall be placed at the disposal of the council by 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.].67. Procedure for acquisition of immovable property under the Land Acquisition Act, 1894.
- Any immovable property which any municipal authority is authorised by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), and on payment of the compensation awarded under the said Act in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the council.Contracts68. Delegation of authority to contract and contractual powers of persons appointed by Government.
- [(1) A council of the grade specified in column (1) of the Table below may delegate to the chairman or to a committee consisting of two or more members the power of making on its behalf any contract the value or amount whereof does not exceed the sum specified in the corresponding entries in column (2) of that Table:-[The Table]| Grades | Maximum value or amount (Rs.) | |
| (1) | (2) | |
| 1. | (a) Special Grade Municipalities | 50,000 |
| (b) Selection Grade Municipalities | 40,000 | |
| 2. | I Grade Municipalities | 30,000 |
| II Grade Municipalities | 20,000 | |
| III Grade Municipalities and Town Panchayats | 10,000 |
68A. [ Rules regarding the conditions on which contracts may be made. [This section was inserted by section 2 of the Madras District Municipalities (Amendment) Act 1941 (Madras Act X of 1941), re-enacted permanently by section 2 of and the first Schedule to the Tamil Nadu Re-enacting (No. II) Actm 1948 (Tamil Nadu Act VIII of 1948).]
- The power conferred by section 68 to make or sanction contract shall be subject to such rules as may be prescribed in regard to the conditions on which, and the mode in which, contracts may be made or sanctioned by or on behalf of municipal councils.]69. Mode of executing contracts.
70. [ Establishment of municipal council. [This section was substituted for the original section by section 52 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
71. [ The secretary, the health officer and the engineer. [This section was substituted for the original section by section 53 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
72. Filling up of the appointment of health officer, engineer or electrical engineer.
73. [ Filling up of appointments other than those specified in sections 12-C and 72. [This section was substituted for the original section 73 by section 12 of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).]
- Save as provided in sections 12-C and 72, appointments to all posts under the municipal council, the pay or the maximum pay of which exceeds [fifty rupees] per mensum shall be made [by a committee consisting of a chairman, the commissioner and one member elected by the council] [These words were substituted for the words 'by the council' by the Madras District Municipalities (Amendment) Act, 1935 (Madras Act XVIII of 1935).] and appointments to all other posts under the council shall be made by the executive authority, subject to [any rules (including rules for the representation of different communities) which the [State Government] [These words were substituted for the words 'any rules which the Local Government may make in this behalf by section 4 of the Madras District Municipalities (Second Amendment) Act, 1934 (Madras Act IV of 1935).] may make in this behalf:]Provided that in case of emergency-73A. [ Power of State Government to transfer officers and servants of municipalities or corporations. [Substituted by the Tamil Nadu Municipal Laws (Amendment) Act, 1985 (Tamil Nadu Act 32 of 1985)]
74. Power of council to frame service regulations.
- Subject to the [provisions of this Act and any rules which the [State Government] [These words were substituted for the words and figures 'provision of section 12, 17, 71 and 77 and any rules made by the Governor-in-Council' by section 56(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] may make in this behalf], the council may frame regulations in respect of officers and servants or the municipal staff-75. Power to punish municipal officers or servants.
- Subject to the provisions of section 77 and to such control as may be prescribed by 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 the words 'Provincial' by the Adaptation Order of 1950.], the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] may [censure, fine, withhold promotion from] [These words were substituted for the words 'fine' by section 57(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu ActX of 1930)], [recover the whole or part of any pecuniary loss caused to the municipal council from the pay of] [These words were inserted by section 3(3) of the Tamil Nadu City Municipal Corporation, District Municipalities and Panchayats (Amendment) Act, 1968 (Tamil Nadu Act 6 of 1968)], reduce, suspend, remove or dismiss [any officer or servant in the service of the municipality] [These words were substituted for the words 'any municipal officer or servant in its service' by section 3(1) of and the Second Schedule to the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951) and the words 'in its service' were inserted by section 57 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] except a health officer, [a municipal engineer, a municipal electrical engineer or an assistant municipal electrical engineer] [These words were substituted by section 4 of the Tamil Nadu District Municipalities (Amendment) Act, 1945 (Tamil Nadu Act XXIII of 1945), re-enacted permanently by section 2 of and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948) for the words 'a municipal engineer or a municipal electrical engineer' as substituted for the words 'or a municipal engineer' by section 2(v) of the Tamil Nadu District Municipalities and Local Board (Amendment) Act, 1938 (Tamil Nadu Act XVIII of 1938)] for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct:[Provided that a fine shall not be imposed on any municipal officer or servant unless he is a Bill Collector or the holder of a post which is classified by the State Government as inferior or menial.] [This proviso was added by section 2 of the Tamil Nadu District Municipalities and Local Board (Second Amendment) Act, 1942 (Tamil Nadu Act XVIII of 1942), re-enacted permanently by section 2 of and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).]76. Power to grant leave to establishment.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] may grant leave to all municipal officers and servants.76A. [ Power of [State Government] [This section was inserted by section 3 of the Tamil Nadu District Municipalities (Third Amendment) Act, 1933 (Tamil Nadu Act XII of 1933)] to appoint health officer, engineer or electrical engineer.
- Notwithstanding anything contained in this Act-77. Special provisions regarding Government servants lent to council.
77A. [ Provincialization of any class of municipal officers or servants. [This section was added by section 58 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
77AA. [ Teachers (including headmasters) and other persons employed in connection with the municipal schools to be Government servants. [Section 77AA was inserted by Tamil Nadu Act 65 of 1986 with effect from 1st June 1986]
77B. [ Management of certain municipal colleges and appointment of staff, etc., thereto. [This section was inserted by section 2 of the Tamil Nadu District Municipalities (Second Amendment) Act 1944 (Tamil Nadu Act XIX of 1944), re-enacted permanently by section 2 of and the first Schedule to the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).]
- Notwithstanding anything contained in this Act, where a college maintained by a municipal council is affiliated to a University, the management of the college shall, if the laws of the University so require, vest in a governing body constituted in accordance with such laws and such governing body shall exercise in relation to the members of the teaching staff and the establishment of the college all powers of appointment, control and punishment which by or under the Act vest in the committee referred to in section 73 or in the executive authority.]Part III – Chapter VI
Taxation and Finance78. Enumeration of ordinary taxes and powers of control of State Government.
78A. [ Duty on transfers of property. [This section was inserted by section 2(i) of the Madras District Municipalities and Local Boards (Amendment) Act, 1945 (Madras Act XX of 1945), re-enacted permanently by section 2 of, and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).]
- In every municipality, a duty shall be levied on certain transfers of property in accordance with the provisions hereinafter contained in this Act.]79. Special taxation.
- With the previous sanction 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 the word 'Provincial' by the Adaptation Order of 1950.] and the [Central Government] [These words were substituted for the words 'Governor-General in Council' by the Adaptation Order of 1937.]-80. Notification of new taxes.
- When a municipal council shall have determined subject to the provisions of sections 78 and 79 to levy any tax [xxx] [The words 'or toll' were omitted by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act 1931 (Tamil Nadu Act III of 1931).] for the first time or at a new rate, the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] shall forthwith publish a notification in the district gazette and by beat of drum specifying the rate at which, [the date from which and the period of levy, if any, for which such tax [xxx] [These words were substituted for the words 'the tax or toll will be levied from a day to be specified in the notification' by section 61 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] shall be levied].80A. [ Saving for certain provisions of the Constitution. [Section 80A was section was inserted by the Adaptation Order of 1937.]
- Nothing in this Part of this Act shall authorise a municipal council to levy any tax which the [State] Legislature has no power to impose in the [State] [This word was substituted for the word 'Province' by the Adaptation Order of 1950] under [the Constitution] [These words were substituted for the words 'the Government of India Act, 1935' by the Adaptation (Amendment) Order of 1950.]:Provided that a municipal council which immediately before the commencement of [the Constitution] [These words were substituted for the words 'Part III of the said Act' by the Adaptation (Amendment) Order of 1950] was lawfully levying any such tax under this Part of this Act as then in force, may continue to levy that tax until provision to the contrary is made by [Parliament by law] [These words were substituted for the words 'the Central Legislature' by the Adaptation (Amendment) Order of 1930.].]Property Tax81. Description and classes of property tax.
81A. [ Levy of property tax on a direction by Government. [Section 81A was inserted by section 2 of the Tamil Nadu District Municipalities (Amendment) Act, 1944 (Tamil Nadu Act VIII of 1944), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).]
82. Method of assessment of property.
83. General exemptions.
- [(1)] [Section 83 was re-numbered as sub-section (1) of section 64(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] The following buildings and lands shall be exempt from the property tax:-.[(a) places set apart for public worship and either actually so used or used for no other purposes; [These clauses were substituted for the original clauses (a) and (b) and clauses (c), (d) and (e) were re-lettered as clauses (g), (h) and (i) respectively by section 3(ii)(1) of the Madras City Municipal District Municipalities and Local Boards (Amend.) Act, 1939 (Madras Act XXI of 1939).](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)[buildings used for educational purpose including hostels attached thereto, public buildings and places used for the charitable purpose] and places used for the charitable purpose of sheltering the destitute or animals, and libraries and playgrounds which are open to the public;(d)such ancient monuments protected under the Ancient Monuments Preservation Act, 1904 (Central Act VII of 1904), or parts thereof as are not used as residential quarters, or as public offices;(e)charitable hospitals and dispensaries;](f)such hospitals and dispensaries maintained by railway administrations as may, from time to time, be notified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950] Government;][[(g)] [This clauses was substituted for the substituted for the original clause by section 64(1)(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] burial and burning grounds included in the book kept at the municipal office under section 281;](h)[ buildings or lands belonging to the municipal council] [Clauses (c), (d) and (c) were re-lettered as clauses (g), (h) and (i) respectively by section 3(ii)(1) of the Madras City Municipal, District Municipalities and Local Boards (Amendment) Act, 1939 (Madras Act XXI of 1939).];[[(i)] [This clause was substituted for the original clause (e) by section 2(ii) of the Madras District Municipalities and Local Boards (Amendment) Act 1939 (Madras Act XI of 1939)] any irrigation work vesting in the [Government] [This word was substituted for the word 'Crown' by the Adaptation Order of 1950] including the bed of a water-course, or any building or land adjacent and appertaining to such irrigation work;[Government] [This word was substituted for the word 'Crown' by the Adaptation Order of 1950.] lands set apart free for recreation purposes; and all such other [Government] [This word was substituted for the word 'Crown' by the Adaptation Order of 1950] property (being neither buildings nor land from which in the opinion of the [State] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950] Government any income could be derived) as may, from time to time, be notified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950] Government:][Provided that nothing contained in clauses (a), (c) and (e) shall be deemed to exempt from property tax any building or land for which rent is payable by the person or persons using the same for the purposes referred to in the said clauses.] [This proviso was inserted by section 3 (ii)(2) of the Madras City Municipal District Municipalities and Local Board (Amendment) Act, 1939 (Madras Act XXI of 1939)][Explanation. - The exemption granted under this section shall not extend to residential quarters attached to schools and colleges not being hostels or to residential quarters attached to hospitals, dispensaries and libraries.] [This Explanation was inserted by section 64(1)(iv) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]84. [ Taxation to be uniform. [This section was substituted for the original section by section 65 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
85. Property tax a first charge on property.
- The property tax on buildings and lands shall, subject to the prior payment of 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 the same and belonging to the person liable to such tax.86. [ Property tax when payable. [This section was substituted for the original section by section 66 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
- The property tax 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 thirty days after the commencement of the half-year.]87. [ Vacancy remission. [This section was substituted for the original section by section 67 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
88. Obligation of transferor and transferee to give notice of transfer.
89. [ Owner's obligation to give notice of construction, re-construction or demolition of building. [Section 89 and 90 were substituted for the original section 89 and 90 by section 68 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930]
90. Remission of tax in areas included or excluded in the middle of a half-year.
91. Power of [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] to call for information and to enter upon premises.
92.
[Section 92 and the heading thereto were omitted by section 70 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]93. to 97A.
[Sections 93 to 97-A under the heading "profession tax" were repealed by the Tamil Nadu Tax on Professions, Trades, Calling and Employments Act, 1992 (Tamil Nadu Act 24 of 1992) with effect from 1st April 1992.]Tax on Carriages and Animals98. General provisions regarding tax on carriages and animals.
-[(1) If the council by a resolution determines that a tax on carriages and animals shall be levied, the [executive authority] [This sub-section was substituted for the original sub-section by section 76 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] shall levy the said tax half-yearly on carriages and animals kept [or used] [These words were inserted by section 6 of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of, and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948)] with in the municipality which are of the kinds specified in Schedule IV.]99. Liability to tax according to period for which carriage or animal has been kept.
100. Exemptions.
- The carriage and animal tax shall not be levied on,-101. Composition.
- With the sanction of the council or in accordance with regulations framed by that body, the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)] 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.102. Forms to be sent to and returned by tax-payers.
103. Grant of licence on payment of tax.
- When any person pays the amount of tax due in respect of any carriage or animal, the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] shall grant him a licence to keep [or use] [These words were inserted by section 10 of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IC of 1948).] such carriage or animal for the period to which the payment relates.104. Power to require numbers to be affixed to bicycles, etc.
105. General provisions regarding cart-tax.
- [(1) If the council by a resolution determines that a tax shall be levied on carts, the [executive authority] [This sub-section was substituted for the original sub-section by section 80(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] shall levy the said tax half-yearly at the rate (which shall not exceed four rupees per cart per half-year), fixed by the council and specified in the notification published under section 80 in pursuance of such resolution and from the date specified in such notification in respect of all carts kept [or used] [These words were inserted by section 12(1) of the Madras District Municipalities (Third Amendment) Act 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).] within the municipality.]106. Power to remit tax.
- [The tax on carts shall not be levied on any cart which is shown to the satisfaction of the executive authority to have been kept or used] [These words were substituted for the words 'The executive authority may remit any portion of the cart-tax in respect of any cart which is shown to his satisfaction to have been kept' by section 13 of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXX-VIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948)] [xxx] [The words 'or let out for hire' were omitted by section 81 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] within the municipality for an aggregate period not exceeding fifteen days in the half-year or to have been under repair or standing at a cart-maker's during the whole of the half-year.[Taxes Leviable Under Sections 98 and 105 [This heading and section 106A were inserted by section 82 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]106A. Prepayment of municipal tax condition precedent to registration under Tamil Nadu Act V of 1911.
- Where the Tamil Nadu Hackney Carriage Act, 1911 (Tamil Nadu Act V of 1911), is in force in any area of a municipality, the person appointed to perform the functions of the commissioner under the said Act in respect of such area shall, before registering any hackney carriage thereunder, satisfy himself that the municipal council has received payment of the tax, if any, due under section 98 or section 105, as the case may be, on account of the last preceding half-year and the current half-year.] [This sub-section was inserted by section 12(ii) of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act 1948 (Tamil Nadu Act IX of 1948).]Powers to Seize Carriages and Carts Not Bearing Numbers107. Seizure of vehicles not bearing numbers.
107A. 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 advertisements, which is so erected, exhibited, fixed, retained or displayed to public view, 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 municipal council may, with the approval of the State Government, by resolution determine:Provided that the rates shall be subject to the maxima and minima laid down by the State Government in this behalf and in any case such rate of tax shall not exceed rupees five hundred per square metre per half-year:Provided further that no tax shall be levied under this section on any advertisement or a notice-107B. Prohibition of advertisements without written permission of executive authority.
107C. Permission of the executive authority to become void in certain cases.
- The permission granted under section 107-B shall become void in the following cases, namely:-107D. 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 107-A or section 107-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.107E. Removal of unauthorised advertisement.
- If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 107-A and 107-B or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the executive authority 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.107F. Collection of tax on advertisement.
- The executive authority may form out the collection of any tax on advertisement leviable under section 107-A for any period not exceeding one year at a time on such terms and conditions as may be provided for by by-laws under section 306.Tax on Servants108. General provisions regarding servants tax.
109. Power to call for lists of servants.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)] may by notice require-110. to 114.
[Sections 110 to 114 and the heading thereto were omitted by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931).][xxx] [The heading 'Surcharge on the Income-tax' was omitted by section 8 of and the Second Schedule to the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955)]115.
[Omitted by the Adaptation Order of 1937.]Pilgrim Tax116. [ Levy of pilgrim tax. [This section was substituted for the original section by section 88 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
| Tax | ||||||
| For limited period | Throughout the year | |||||
| (1) | (2) | (3) | ||||
| Rs. | A. | P. | Rs. | A. | P. | |
| For first-class tickets | 0 | 8 | 0 | 0 | 4 | 0 |
| For second-class tickets | 0 | 4 | 0 | 0 | 2 | 0 |
| For intermediate class tickets | 0 | 3 | 0 | 0 | 1 | 6 |
| For third-class tickets | 0 | 2 | 0 | 0 | 1 | 0 |
116A. [ Method of assessment of duty on transfers of property. [This section was substituted for section 116A by the section 3 of the Madras City Municipal District Municipalities and Local Board (Amendment) Act, 1950 (Madras Act VII of 1950).]
- The duty on transfers of property shall be levied-| Description of instrument | Amount on which duty should be levied |
| (i) Sale of immovable property. | The market value of the property as set forth in theinstrument, and in a case where the market value is finallydetermined by any authority under section 47-A of the IndianStamp Act, 1899 (Central Act 11 of 1899), the market value as sodetermined by such authority. |
| (ii) Exchange of immovable property. | The market value of the property of the greater value as setforth in the instrument, and in a case where the market value isfinally determined by any authority under section 47-A of theIndian Stamp Act, 1899 (Central Act II of 1899), the market valueas so determined by such authority. |
| (iii) Gift of immovable property. | The market value of the property as set forth in theinstrument, and in a case where the market value is finallydetermined by any authority under section 47-A of the IndianStamp Act, 1899 (Central Act II of 1899), the market value as sodetermined by such authority. |
| (iv) Mortgage with possession of immovable property. | The amount secured by the mortgage, as set forth in theinstrument. |
| (v) Lease in perpetuity of immovable property. | An amount equal to one-sixth of the whole amount or value ofthe rents which would be paid or delivered in respect of thefirst fifty years of the lease, as set forth in the instrument)] |
116B. [ Provisions applicable on the introduction of transfer duty. [Section 116A, 116B and 116C were inserted by section 2(ii) of the Madras District Municipalities and Local Board (Amendment) Act, 1945 (Madras Act XX of 1945), re-enacted permanently by section 2 of and the First Schedule to the Tamil Nadu Re-enacting the Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948)]
- On the introduction of the transfer duty-116C. Power to make rules regarding assessment and collection of transfer duty.
- [State] [The This word was substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government may make rules not inconsistent with this Act for regulating the collection of the duty, the payment thereof to the municipal councils concerned and the deduction of any expenses incurred by the Government in the collection thereof.]117. Power to exempt from taxes.
- With the sanction 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], the municipal council may exempt any person or class of persons wholly or in part from the payment of any tax [xxx] [The word 'or toll' were omitted by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act , 1931 (Tamil Nadu Act III of 1931)]. [But, nothing in this section shall be deemed to authorise the exemption of any person solely on the ground that he is a member of a municipal council.] [This sentence was added by section 89 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]117A. [ Power to assess in case of escape from assessment. [Inserted by the Tamil Nadu Municipal Laws (Amendment) Act, 1997 (Tamil Nadu Act 3 of 1997) w.e.f. 27th December 1996.]
- 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 fee liable under this Chapter has escaped assessment 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 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 rules made thereunder shall, so far as may be, apply as if the assessment was made in the half-year to or year which the tax or fee relates.]118. [ Power to write off irrecoverable taxes, etc. [This section was substituted for the original section 118 by section 90 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
- The municipal council may write off any tax, [xxx] fee or other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion, such tax, [xxx] [The word 'toll' was omitted by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931)] fee, amount or sum is irrecoverable.]119. Definition of municipal fund.
- All moneys received by the municipal council shall constitute a fund which shall be called the municipal fund and shall be applied and disposed of subject to the provisions of this Act or other laws.120. Budget estimate.
- The municipal council shall [xxx] [The words 'before the end of December' were substituted for the words 'in the month of February' by section 91 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930), and the words so substituted were omitted by section 2 of the Madras District Municipalities (Second Amendment) Act, 1942 (Madras Act VII of 1942), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).] in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget to the [State Government] [The words 'Provincial Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] before [such date as maybe fixed by them in that behalf] [These words were substituted for the word 'the end of February' by section 91 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]. The budget shall contain provision adequate in the opinion of the [State Government] [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] for the due discharge of all liabilities in respect of loans contracted by the council and for the maintenance of a working balance; and if the budget as submitted to the [State Government] [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] fails to make these provisions, the [State Government] [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] may [modify any part of the budget] [These words were substituted for the words 'alter any part of it' by the Adaptation Order of 1950.] so as to ensure that such provisions are made.121. Revised or supplemental budget.
- If in the course of a year, a municipal council finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services it undertakes, it may submit a supplemental or revised budget, provided that no alteration shall be made without the consent of the [State Government] [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] in the amount allotted for the service of debt or in the working balance.122. Appointment of auditors of accounts.
- The [State Government] [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] shall appoint auditors of the accounts of receipt and expenditure of the municipal fund. Such auditors shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).123. Contributions to expenditure by other local authorities.
124. Application of Schedule IV.
- The rules and tables embodied in Schedule IV shall be read as part of this Chapter.124A. [ Recovery of loans and advances made by the State Government. [This section was inserted by section 92 of Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
- Notwithstanding anything contained in the Local Authorities Loans Act, 1914 (Central Act IX of 1914), the [State Government] shall be entitled to recover in the manner provided by sub-section (4) of section 39 of this Act or by suit any loan or advance made to any municipal council for any purpose to which the funds of the said council may be applied under this Act.]124B. [ Constitution of Finance Commission. [Inserted by the Tamil Nadu District Municipalities (Amendment) Act 1994 (Tamil Nadu Act 25 of 1994).]
124C. Definition.
- For the purposes of this Chapter,-124D. Levy of profession tax.
| SI. No. | Average half-yearly income | Half-yearly tax | |
| (1) | (2) | (3) | |
| From | To | ||
| 1. | Up to Rs. 21,000 | ... | Nil |
| 2. | Rs. 21,001 | Rs. 30,000 | Rs. 60 |
| 3. | Rs. 30,001 | Rs. 45,000 | Rs. 150 |
| 4. | Rs. 45,001 | Rs. 60,000 | Rs. 300 |
| 5. | Rs. 60,001 | Rs. 75,000 | Rs. 450 |
| 6. | Rs. 75,001 and above | Rs. 600 |
124E. Employers liability to deduct and pay tax on behalf of the employees.
- The tax payable by any person earning a salary or wages 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 discharge the said liability.124F. Filing of returns by employer.
124G. Assessment of the employer.
124H. Penalty and interest.
124I. Appeal.
124J. Exemptions.
- Nothing contained in this Chapter shall apply to-124K. Repeal and savings.
Part IV – Public Health, Safety and Convenience
Chapter VII
Water-Supply, Lighting and Drainage Water-Supply-Vesting of Works and Powers of Municipal Authorities
125. Vesting of works in municipal councils.
126. Construction and maintenance of water-works.
127. Trespass on premises connected with water-supply.
- It shall not be lawful for any person except with permission duly given and obtained to enter upon land belonging to or vested in a municipal council along which a conduit or pipe runs, or upon any premises connected with the water-supply.128. Prohibition of building over water mains.
129. Council to provide water for domestic use.
- The municipal council shall, so far as the funds at its disposal may admit, provide a sufficient supply of water fit for the domestic use of the inhabitants.130. Control over house connections.
- All house-connections, whether within or without the premises to which they belong, with any water-supply mains which may have been constructed by a municipal council shall be under the control of the council, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which they belong or for the use of which they were constructed, and in conformity with by-laws and regulations framed by the council in this behalf.131. Private water-supply for consumption and domestic use and powers of [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] to enforce provision for water-supply.
132. [ Power of [executive authority] to supply water for non-domestic purposes. [Sub-section (2) of section 132 was omitted and sub-section (1) was renumbered as section 132 by section 3 of the Tamil Nadu District Municipalities (Amendment) Act, 1936 (Tamil Nadu Act XXIII of 1936).]
- The [executive authority] may, at his discretion, supply water for any purpose other than domestic consumption and use on receiving a written application specifying the purpose for which such a supply is required and the quantity likely to be consumed.][Payment for Water] [This heading and section 132A were inserted by section 4 of the Tamil Nadu District Municipalities (Amendment) Act, 1936(Tamil Nadu Act XXIII of 1936).]132A. Power of council to make by-laws for water-supply.
133. Supply without the municipality.
- The council may, with the sanction of and on such terms (if any) as maybe approved by the [State Government] [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 of 1950.], supply water to a local authority or other person without the municipality.Cutting off Water-Supply134. Power to cut off water-supply.
135. Non-liability of council for reduction or stoppage of supply in certain cases.
- The municipal council shall not be liable any penalty or damages for cutting oil the supply of water or for not supplying water (save in the case of express stipulation in an agreement for the supply of water for other than domestic purposes) in the case of any drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes.Lighting136. Provision for lighting public streets.
- The municipal council shall, so far as the funds at its disposal permit, cause the public streets to be lighted and for that purpose shall provide such lamps anti works as it thinks necessary.Public Drainage137. Maintenance of system of drainage by council.
- The municipal council shall, so far as the funds at its disposal mac admit, provide and maintain a sufficient system of public drains.Private Drainage138. Control over house-drains, privies and cess-pools.
- All house-drains whether within or without the premises to which they belong and all private latrines and cesspools within the municipality shall be under the control of the municipal council but shall be altered, repaired, cleansed, and kept in proper order, at the expense of the owner of the premises to which the same belong or for the use of which they were constructed, and in conformity with by-laws and regulations framed by the council in this behalf.Notes. - For the Municipalities Third Grade Municipalities and Town Panchayats within the Chennai Metropolitan Development Area, sections 138 to 142 shall be omitted. As such, these provisions will not apply to the Municipalities and Third Grade Municipalities within the Chennai Metropolitan Development Area Vide section 85 and Part II of the Schedule to the Chennai Metropolitan Development Area Water Supply and Sewerage Act, 1974 (Tamil Nadu Act 28 of 1978).139. Connection of house-drains with public drains.
140. [Executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] may close or limit the use of existing private drains.
141. Power of [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] to drain premises in combination.
142. Building, etc., not to be erected without permission over drain.
143. Construction of culverts or drain-coverings by owner or occupier.
144. Maintenance of troughs and pipes for catching water.
- The owner or occupier of any building in a public street, shall, within fifteen days after receipt of notice in that behalf from the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)], 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 [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] may permit.Public Latrines145. Provision of public latrines and urinals.
- The council shall, as far as the funds at its disposal may admit, provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleansed and kept in proper order.Private Latrines146. Provision of latrines by owner or occupier.
147. Provision of latrines for labourers.
- Every person employing workmen, labourers or other persons exceeding ten in number, shall provide and maintain for the separate use of persons of each sex so employed latrines of such description and number and in such position as the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] may, by notice require, within such time as may be fixed in the notice.148. Provision of latrines for markets, cart-stands, cattle-sheds, choultry, etc..
- The executive authority may, by notice, require the owner or manager of a market, cart-stand, cattle-shed, choultry, theatre, railway station, dock, wharf or other place of public resort within the time specified in such notice to provide and maintain for the separate Use of persons of each sex latrines of such description and number and in such position as may be specified in such notice.149. Latrines to be screened from view and kept clean.
- All latrines shall be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper order.General Powers150. Power to carry wire, pipes, drains, etc., through private property subject to causing at little inconveniences as possible and paying for direct damage.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, water-supply or lighting, through, across, under, or over any road, street or place laid out for a road or street, and after giving reasonable notice to the owner or occupier, through, across, under, over or up the side of, any land or building in the municipality, and may place and maintain posts, poles, standards, brackets, or other contrivances to support wires and lights on any pole or post in the municipality not [vested in the [Government] [These words were substituted for 'owned by the Government of India' by the Adaptation Order of 1937] [xxx] [The word 'and under the control of the Central Government' were omitted by the Adaptation (Amendment) Order of 1950.] and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose of which it is intended to be used or for removing the same:Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person:Provided further that the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] shall, with the sanction of the council, pay compensation to any person who sustains damage by the exercise of such power.151. Prohibition against making connexion with mains without permission.
152. Powers in respect of works outside the municipality.
Chapter VIII
Scavenging
153. Municipality to arrange for the removal of rubbish and filth.
- Every municipality council shall make adequate arrangements for-154.
[Omitted by section 94 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]155.
[Omitted by section 94 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]156. [ Contributions from persons having control over places of pilgrimage, etc. [This section was substituted for the original section by section 95 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
- Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs, festivals or for other like purposes is situated within the limits of a municipality or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary shall be made by the municipal council, and the council may require the trustee or other person having control over such place to make such recurring or non-recurring contribution as the [State Government] may determine to the funds of the municipal council].157. Prohibition of improper disposal of carcasses, rubbish and filth.
- No person shall alter due provision has been made under section 153 by the municipal council for the deposit and removal of the same,-158. [ Prohibition against keeping filth on premises too long etc. [Sub-section (1) of section 158 was omitted and sub-section (2) was re-numbered as section 158 by section 96(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
- No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours any filth on such premises or any building or on the roof thereof or in any out-building or any place belonging thereto, or fail to comply with any requisition of the [executive authority] so as to the construction, repair, paving or cleansing of any latrine on or belonging to his premises.]159. Prohibition against allowing outflow of filth.
- No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street except a drain or a cesspool or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of a street.160. Prohibition against using any cart without cover in the removal of filth, etc..
- No person shall, in the removal of filth, use any cart or receptacle not having a covering proper for preventing the escape of the contents thereof, or of the stench therefrom, or intentionally or negligently spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled, or place or set down in any public place any filth whether in a vessel closed or open.161. Prohibition against throwing rubbish or filth into drains.
- No person shall put or cause to be put any rubbish or filth into any public drain not intended for rubbish or filth or into any drain communicating with any such public drain.Chapter IX
Streets Public Streets
162. Maintenance and repair of streets.
- [(1)] [Section 162 was re-numbered as sub-section (1) of section 162 and a new sub-section (2) was added by section 97 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] The municipal council shall, at the cost of the municipal fund, cause the public streets and bridges to be maintained and repaired and may from the same fund meet the cost of all improvements to the same which are necessary or expedient for the public safety or convenience.162A. [ Planting and preservation of avenue trees. [Inserted by the Tamil Nadu Act 23 of 1987.]
- The municipal council shall, at the cost of the municipal fund, cause trees to be planted at all convenient places on the sides of all public streets and make adequate arrangements to preserve such trees.]163. Powers of municipal authorities.
164. Power to dispose of permanently closed street.
165. Acquisition of land and buildings for improvement of streets.
166. Power to prescribe building line and street alignment.
- The council may-167. Buildings not to be constructed within street alignment or building line.
168. Setting back projecting buildings or walls.
169. Setting buildings forward to improve line of street.
- The council may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, 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 [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] is erected along the said line.170. Projected streets.
171. Watering of streets.
- The council shall, so far as it considers it requisite for the public convenience, and so far as funds permit, cause the chief public streets to be watered, and for that purpose may provide such water-carts, animals and apparatus as it thinks necessary.172. Temporary closure of streets.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] may, by an order in writing, temporarily close any street to traffic for repair, or in order to carry out any work connected with drainage, [water-supply] [The expression 'water supply' was omitted in the respect of Municipalities Third Grade Municipalities and Town Panchayats covered under Madras Metropolitan Development Area. See Schedule to the Tamil Nadu Act 28 of 1978.] or lighting or any of the purposes of this Act:Provided that such work shall be completed and such street re-opened to traffic with all reasonable speed.173. Protection of appurtenances and materials of streets.
- It shall not be lawful for any person, without the permission of the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).], to displace, take up, or make any alteration in the fences, posts, pavement, flags or other materials of any public street.174. Power of municipality 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 Executive Engineer, it appears to the council that, having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the municipal council in repairing a street by reason of the damage caused by excessive weight passing along the street, or extraordinary traffic thereon, the council may recover in the Civil Court having jurisdiction from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such Court to have been incurred by such council by reason of the damage arising from such weight or traffic as aforesaid:Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with the council for the payment to it of a composition in respect of such weight or traffic and thereupon the persons so paying shall not be subject to any proceedings under this section.174A.
[Section 174-A was omitted by section 6(i) of the Tamil Nadu Traffic Control Act, 1938 (Tamil Nadu Act V of 1938).]Private Streets175. Owner's obligation to' make a street when disposing of land as building sites.
- If the owner of any land utilises, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings, he shall, save in such cases as the site or sites may abut on an existing public or private street, 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.176. Making of new private streets.
177. Alteration or demolition of street made in breach of section 176.
178. Power of [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] to order work to be carried out or to carry it out himself in default.
179. Right of owners to require street to be declared public.
- If any street has been levelled, paved, metalled, flagged, channelled, drained, conserved and lighted under the provisions of section 178, such street shall, on the requisition of not less than three-fourths of the owners thereof, be declared as a public street.Encroachment on Streets180. Prohibition against obstructions in or over streets.
- No one shall build any wall or erect any fence or other obstruction, or projection, or make any encroachment in or over any street, except as hereinafter provided.180A. [ Public streets open to all. [Section was inserted by section 2 of the Madras District Municipalities (Amendment) Act, 1929 (Madras Act XVII of 1929).]
- All streets vested in or to be vested in or maintained by a municipal council shall be open to persons of whatever caste or creed.]181. Prohibition and regulation of doors, ground-floor windows and bars opening outwards.
182. Removal of encroachments.
183. Power to allow certain projections and erections.
184. Precautions during repair of streets.
185. 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 184.186. Prohibition against making holes and causing obstruction.
187. Licence for work on buildings likely to cause obstruction.
- If any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street, or footway is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] in that behalf and shall also-188. Clearing of debris of fallen houses etc., by occupiers.
- If any obstruction is caused in any street by the fall of trees, structures or fences, the owner or occupier of the premises concerned shall within twelve hours of the occurrence of such fall, or within such further period as the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] may, by notice allow, clear the street of such obstruction.[Naming of Streets, Etc.] [Substituted by Tamil Nadu Act 30 of 1979]189. [Naming of Streets, etc.] [Substituted by Tamil Nadu Act 30 of 1979]
190. Numbering of buildings.
Chapter X
Building Regulations General Powers
191. Building rules.
192. Building site and construction or reconstruction of buildings.
- No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this Part and of any rules or by-laws, made under this Act relating to the use of building-sites or the construction or reconstruction of buildings:Provided that 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 in respect of all municipalities or with the consent of the municipal council, in respect of any particular municipality or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this Chapter or the said rules.193. Power of council to regulate future construction of certain classes of buildings in particular streets or localities.
194. Buildings at corner of streets.
- The council may require any building intended to be erected at the comer 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 comer as it may consider necessary for public convenience or amenity.195. Prohibition against use of inflammable materials for buildings without permission.
- No external roof, veranda, pandal or wall of a building shall be constructed or reconstructed of grass, leaves, mats, or other inflammable materials except with the permission of the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu of 1933).].196. Prohibition against constructing doors, ground-floor windows and bars so as to open outwards.
- No door, gate, bar, or ground-floor window which opens on any public streets shall be constructed or reconstructed so as to open outwards except with the [licence of the executive authority] [These words were substituted for the words 'chairman's licence' by section 17(2) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] under section 181Buildings other than Huts197. Application to construct or reconstruct building.
198. Necessity for prior approval of site.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] shall not grant permission to construct or reconstruct a building unless and until he has approved of the site on an application made under section 197.199. Prohibition against commencement of work without permission.
- The construction or reconstruction of a building shall not be begun unless and until the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] has granted permission for the execution of the work.200. Period within which executive authority is to signify approval or disapproval.
- Within thirty days after the receipt of any application made under section 197 for approval of a site or of any information or further information required under rules or by-laws, the executive authority shall by written order either approve the site or refuse on one or more of the grounds mentioned in section 203 to approve the site.201. Period within which [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] is to grant or refuse to grant permission to execute work.
- Within thirty days after the receipt of any application made under section 197 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 [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] shall by written order either grant such permission or refuse on one or more of the grounds mentioned in section 203 to grant it:Provided that the said period of thirty days shall not begin to run until the site has been approved under section 200.202. Reference to council if [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] delays grant or refusal of approval or permission.
203. Grounds on which approval of site for, or licence to construct or reconstruct building, may be refused.
- The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a 1 building maybe refused are the following, namely:-204. Lapse of permission.
- If the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.205. Power of executive authority to require alteration of work.
206. Stoppage of work endangering human life.
- Notwithstanding anything contained in any of the preceding sections, the executive authority may, at any time, stop the construct ion or reconstruction of any building if in his opinion the work in progress endangers human life.Wells207. Application of certain sections to wells.
- The provisions of section 197, section 198, section 199, section 204, section 205 and section 206 shall1 [not apply to water works and sewerage works within the meaning of the [Chennai] [Substituted by the Tamil Nadu Act 28 of 1978.] Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978)].Huts208. Application to construct or reconstruct huts.
209. Prohibition against commencement of work without permission.
- The construction or reconstruction of a hut shall not be begun unless and until [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933).] has granted permission for the execution of the work on an application sent to him under section 208.210. Period within which executive authority is to grant or refuse to grant permission to execute the work.
- Within fourteen days after the receipt of any application made under section 208 for permission to construct or reconstruct a hut or of any information or plan or further information or fresh plan required under rules or by-laws, the executive authority shall by written order either grant such permission or refuse on one or more of the grounds mentioned in section 212 to grant it.211. Reference to council if executive authority delays passing orders.
212. Grounds on which permission to construct or reconstruct hut may be refused.
- The only grounds on which permission to construct or reconstruct a hut may be refused are the following, namely:-213. Lapse of permission.
- If the construction or reconstruction of any hut is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.External Walls Alterations and Additions214. Maintenance of external walls in repair.
- The owner or occupier of any building adjoining a public street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the executive authority.215. Application of provisions to alterations and additions.
215A. [ Provision of Rain Water Harvesting Structure. [Inserted by the Tamil Nadu Municipal Laws (Second Amendment) Act, 2004 (Tamil Nadu Act 33 of 2003).]
215AA. [ Permission to construct swimming pool. [Inserted by Tamil Nadu Act No. 47 of 2012, dated 16.11.2012.]
216. Demolition or alteration of building work unlawfully commenced, carried on or completed.
217. Exemptions.
Chapter X
A Building Regulations in Hill Stations
217A. Application of Chapter.
- This Chapter shall apply only to hill stations.217B. Prohibition of construction or reconstruction of buildings, etc., without licence.
217C. Application for licence.
217D. Grant of licence.
- On receipt of an application from the Committee with its remarks, the State Government, if satisfied that the grant of a licence will not result in the deterioration of scenic beauty or destruction of the environment and eco-system of the hill station, may, grant a licence subject to such terms and conditions as they may think fit to impose, or refuse to grant a licence;Provided that a licence shall not be refused unless the applicant has been given an opportunity of making his representation.217DD. [ Grant of licence by the executive authority in certain cases. [Substituted by Tamil Nadu Act 10 of 1998.]
217E. Power to cancel or suspend licence.
217F. Period of licence.
- Every licence granted under [section 217-D or section 217-DD] [Substituted by the Tamil Nadu District Municipalities (Second Amendment) Act, 1998 (Tamil Nadu Act 10 of 1998).] shall be valid for a period of one year from the date on which it is granted and if the construction or reconstruction of a building or the user of agricultural land for non-agricultural purpose, or the engineering, mining or other allied operations for which the licence is granted, is not commenced within the said period, it shall not be commenced thereafter unless [the State Government or the executive authority, as the case may be] [Substituted by the Tamil Nadu District Municipalities (Second Amendment) Act, 1998 (Tamil Nadu Act 10 of 1998).], on application made therefor has extended the period of licence.217G. Penalties.
217H. Penalty for subsequent offence.
- Whoever, after having been convicted of an offence under this Chapter, continues to commit such offence, shall be punishable with fine which may extend to three hundred rupees for each day after the previous date of conviction during which the offence continues.217I. Offences by companies.
217J. Power to stop work.
217K. Review.
217L. Revision by High Court.
217M. Bar of compensation.
- No compensation shall be claimed by any person for any damage or loss sustained by him in consequence of-217N. Civil Courts not to decide questions under this Chapter.
- No Civil Court shall have jurisdiction to decide or deal with any question which is by or under this Chapter required to be decided or dealt with by [the State Government or the executive authority] [Substituted by the Tamil Nadu District Municipalities (Second Amendment) Act, 1998 (Tamil Nadu Act 10 of 1998).].217O. Chapter to override other laws.
217P. Delegation of powers of Government under this Chapter.
217Q. Power to exempt or relax.
- The State Government may, if satisfied that it will not result in the deterioration of scenic beauty or destruction of the environment and eco-system of the hill station, by order-Chapter XI
Nuisances Dangerous Structures, Trees and Places
218. Precautions in case of dangerous structures.
219. Precaution in case of dangerous trees.
220. Precautions in case of dangerous tanks, wells, boles, etc.
221. Power to stop dangerous quarrying.
- If in the opinion of the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).], the working of an v 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 [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] may 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.222. Precautions against fire.
223. [ Prohibition of construction of wells, tanks, etc., without the permission of the executive authority. [The application of this section is omitted in respect of the Municipalities, Third Grade Municipalities and Town Panchayats covered under the Madras Metropolitan Development Authority by the Tamil Nadu Act 28 of 1978.]
224. Filling in of pools, etc., which are a nuisance.
225. Regulation or prohibition of certain kinds of cultivation.
- The council, on the report of the [Director of Public Health] [These words were substituted for the words 'Sanitary Commissioner' by section 102 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).], the Health Officer or the Local Medical Officer that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the municipality is injurious to the public health may, with the previous sanction 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.] by public notice, regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:Provided that when such cultivation or irrigation has been practised during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested for any damage caused to them by absolute prohibition.226. Cleansing of insanitary private tank [or well used for drinking] [Omitted in respect of Municipalities Third Grade Municipalities and Town Panchayats covered in the Chennai Metropolitan Development Area by the Tamil Nadu Act 28 of 1978.].
227. Duty of council in respect of public well or receptacle of stagnant water.
- The municipal council shall maintain in a cleanly condition all wells, tanks and reservoirs which are not private property, and may fill them up or drain them when it appears necessary to do so.227A. [ Public wells, etc., open to all. [Inserted by section 3 of the Madras District Municipalities (Amendment) Act, 1929 (Madras Act XVII of 1929).]
- All such wells, tanks and reservoirs when maintained by the municipal council shall be open to use and enjoyment by persons of whatever caste or creed.]228. Prohibition against or regulation of washing animals or clothes or fishing or drinking in public water-courses, tanks, etc.
- The council may, in the interests of the public health, regulate or prohibit the washing of animals, clothes or other things, or fishing in any public spring, tank, well, public water-course or part thereof within the municipality and may set apart any Such place for drinking or for bathing or for washing clothes, or animals, respectively, or for any other specified purpose.229. Provision of public wash-houses.
230. Prohibition against washing by washermen at unauthorised places.
231. [ Prohibition against defiling of water tanks, etc., whether public or private. [Omitted in respect of the Municipalities and Third Grade Municipalities covered in Chennai Metropolitan Development Area by the Tamil Nadu Act 28 of 1978.]
- It shall not be lawful for any person to-232. Untenanted buildings or lands.
- 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 [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act 1933 (Madras Act XV of 1933)] becomes a nuisance, the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act 1933 (Madras Act XV of 1933)] may, after due inquiry by notice, require the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same.233. Removal of filth or noxious vegetation.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act 1933 (Madras Act XV of 1933)] may by notice require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty-four hours or such longer period and in such manner as may be specified in the notice.234. Fencing of buildings or lands and pruning of hedges and trees.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act 1933 (Madras Act XV of 1933).] may by notice require the owner or occupier of any building or land near a public street to-235. Lime washing and cleansing of buildings.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act 1933 (Madras Act XV of 1933).], 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 notice.236. Further powers with reference to insanitary buildings.
237. Buildings unfit for human habitation.
238. Abatement of over-crowding in dwelling-house or dwelling-place.
239. Prohibition against feeding certain animals on filth.
- No person shall feed or permit any animal, which is kept for dairy purpose or may be used for food, to do fed on filth.240. Prohibition against keeping animal so as to be a nuisance or dangerous.
- No person shall keep any animal on his premises so as to be a nuisance or so as to be dangerous.241. Power to destroy stray pigs and dogs.
242. Power of [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] to use or sell materials of dangerous structure taken down, etc., and procedure when there is no owner or occupier.
243. Limitation of compensation.
- No person shall be entitled save as provided in sections 224, 225 and 236 to compensation for any damages sustained by reason of any action taken by the municipal authorities in pursuance of their powers under this Chapter.Chapter XII
Licences and Fees [General Exemption] [This heading and section 244 were substituted for the original heading and section 244 by section 14 of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modifications by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).]
244. [ Government and market committees not to obtain licences and permissions. [This heading and section 244 were substituted for the original heading and section 244 by section 14 of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modifications by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948).]
- Nothing in this Act or in any rule, by-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, by-law or regulation in respect of any place in the occupation or under the control of the Central or the [State] Government or of a market committee established under the [Madras Commercial Crops Markets Act, 1933 (Madras Act XX of 1933)], or in respect of any [Government] [This word was substituted for 'Crown' by the Adaptation Order, 1950] property or of any property belonging to such market committee.]Keeping of Animals245. Licences for places in which animals are kept.
246. General powers of control over stables, cattle-sheds and cow-houses.
247. Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house.
- If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] may, by notice, direct that the same shall no longer be used as a stable, cattle-shed or cow-house. Every such notice shall state the grounds on which it proceeds.248.
[Omitted by section 104 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]Industries and Factories249. Purposes for which places may not be used without licence.
250. 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.
251. Council may issue directions for abatement of nuisance caused by steam or other power.
252. Power of the [State Government] [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.] to pass orders or give directions to municipal council.
- The [State Government] [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.] may, either generally or in any particular case, make such order or give such directions as [they may deem fit] [These words were substituted for the words 'he many deem fit' by the Schedule to the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] in respect of any action taken [or omitted to be taken] [These words were inserted by section 107(i) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] [xxx] [The words 'by the municipal council' were omitted by section 107(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] under section 250 or section 251.253. The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] may enter any factory, work-shop or workplace.
254. Provision of municipal slaughter-houses.
255. Licence for slaughter-houses.
256. Slaughter of animals during festivals and ceremonies.
- The executive authority 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.257. Slaughter of animals for sale as food.
- No person shall slaughter within the municipality, except in a public or licensed slaughter-house, any cattle, horse, sheep, goat or pig for sale as food or skin or cut up any carcass without or otherwise than in conformity with a licence from the executive authority or dry or permit to be dried any skin in such a manner as to cause a nuisance:Provided that the executive authority may authorise any person to slaughter, without licence and without the payment of any fee, any animal for the purpose of a religious ceremony.The Milk Trade258. Regulation of milk trade.
259. Public markets.
- All markets which are [acquired] [This word was inserted by section 109 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act of 1930).], constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets [; and such markets shall be open to persons of whatever caste or creed.] [A semi colon was substituted for the full stop at the end of the original section and these words were added by section 4 of the Madras District Municipalities (Amendment) Act, 1939 (Madras Act XVII of 1929).]260. Powers in respect of public markets.
261. Control of the executive authority over public markets.
262. [ Licence for private market. [This section was substituted for the original section by section 112 of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).]
262A. [ Fee for licence. [This section was inserted by section 113 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
- When a licence granted under section 262 permits the levy of any fees of the nature specified in sub-section (2) of section 260, a fee not exceeding fifteen per centum of the gross income of the owner from the market in the preceding year shall be charged by the municipal council for such licence.]263. Sale in unlicensed private markets.
- It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.264. Powers of council in respect of private markets.
- The council may by notice require the owner, occupier, or farmer of any private market to-265. Suspension or refusal of licence in default.
266. Prohibition against nuisances in private markets.
- No owner, occupier, agent or manager in charge of any private market, or of any shop, stall, shed or other place therein shall keep the same so that it is a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be [specified] [This word was substituted for the word 'notified' by section 2(ii) of the Madras District Municipalities and Local Board (Second Amendment) Act, 1944 (Madras Act XVIII of 1944), re-enacted permanently by section 2 of, and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] by the council.267. Power to close private markets.
- The council or any officer duly authorised by it in that behalf may close any private market in respect of which no licence has been applied for or [xxx] [The words 'any private market' were omitted by section 114 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] the licence for which has been refused, withheld or suspended [or which is held or kept contrary to the provisions of this Act.] [These words were added by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]267A. [ Acquisition of rights of private persons to hold private markets. [Inserted by Tamil Nadu Act X of 1930.]
268. Duty of expelling lepers, etc., from markets and power to expel disturbers.
- The person in charge of a market shall prevent the entry therein or expel therefrom any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchased the same, handles any articles exposed for sale therein, and he may expel therefrom any person who is creating a disturbance therein.269. Butcher's, fishmonger's and poulterer's licence.
270. Power to prohibit or regulate sale of articles in public streets.
- The [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] may, with the sanction of the council, prohibit by public notice or licence, or regulate the sale or exposure for sale, of any [animals or] [These words were inserted by section 117 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] articles in or on any public street or part thereof.270A. [ Decision of disputes as to whether places are markets. [This section was inserted by section 118 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
- If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of livestock or poultry, of cotton, groundnut or other industrial crops or of any other raw or manufactured products is a market or not the municipal council shall make a reference to the [State Government] and the decision 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.] on the question shall be final.][Cart-Stands] [Section 270B to 270E and the heading thereto were inserted by section 118 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]270B. [ Provision of public cart-stands, etc. [Section 270B to 270E and the heading thereto were inserted by section 118 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
270C. Prohibition of use of public place or sides of public street as cart-stand, etc.
- Where a municipal council has provided a public landing place, halting place or cart-stand, the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] may prohibit the use for the same purpose by any person within such distance thereof, as may be determined by the municipal council, of any public place or the sides of any public street.270D. [ Recovery of cart-stand fees, etc. [This section was substituted by Schedule I to the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931), for the original section 270D which was inserted by section 118 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
270E. Licence for private cart-stand.
271. Duty of [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] to inspect.
- It shall be the duty of the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] 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 preparation for sale.272. Powers of [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] for purposes of inspection.
273. Preventing inspection by executive authority.
- No person shall, in any manner whatsoever, prevent the executive authority or person duly authorised by him exercising his powers under the last preceding section.274. Power of executive authority to seize diseased animals, noxious food.
- If any animal, poultry or fish intended for food appears to the executive authority or to a person duly authorised by him, to be diseased, or any food appears to him to be noxious, or if any vessel or utensil used in manufacturing, preparing or containing such article appears to be of such kind or in such state as to render the article noxious, he may seize or carry away or secure such animal, article, utensil, or vessel, in order that the same may be dealt with as hereinafter provided.Explanation. - Meat subject to the process of blowing shall be deemed to be noxious.275. Removing or interfering with articles seized.
- No person shall remove or in any way interfere with an animal or article secured under the last preceding section.276. Power to destroy article seized.
277. Production of articles, etc., seized before magistrate and powers of magistrate to deal with them.
278. Registration or closing of ownerless places for disposal of dead.
279. Licensing of places for disposal of dead.
280. Provision of burial and burning grounds and crematoria within or without municipality.
281. Register of registered, licensed and provided places and prohibition of use of other places.
282. Report of burials and burnings.
- The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of a corpse at such place to any person appointed by the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] in that behalf.283. Prohibition against use of burial and burning grounds dangerous to health or over crowded with graves.
284. Prohibitions in respect of corpses.
- No person shall-285. Grave-diggers licence.
- 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 [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV if 1933).]. Such licence may be withdrawn or cancelled at the discretion of the council.[Chapter XII-A] [Chapter XII-A was inserted by the Tamil Nadu Municipal Laws (Amendment) Act, 1998 (Tamil Nadu Act 51 of 1998).] [285A. Definitions. [Substituted by Tamil Nadu Act No. 2 of 2011, dated 05.02.2011, w.e.f. 16.11.2011.]- In this Chapter,-285B. Prohibition for erection of hoardings.
285BB. [ Regulation of erection of digital banners and placards. [Inserted by Tamil Nadu Act No. 2 of 2011, 05.02.2011, w.e.f. 16.11.2011.]
285C. Application for licence.
285CC. [ Tax on advertisement on hoarding. [Inserted by the Tamil Nadu Municipal Laws (Amendment) Act, 2003 (Tamil Nadu Act 19 of 2003).]
| Location and nature | Rates of tax per square metre per half-year(Rupees) | |
| (1) | (2) | |
| Municipalities | Minimum | Maximum |
| 1. Hoardings in arterial road with bus route - | ||
| (a) without lighting | 75 | 300 |
| (b) with ordinary lighting | 90 | 400 |
| (c) with neon or mercury lighting | 100 | 500 |
| 2. Hoardings in main road with bus route - | ||
| (a) without lighting; | 60 | 200 |
| (b) with ordinary lighting; | 70 | 300 |
| (c) with neon or mercury lighting. | 80 | 400 |
| 3. Hoardings in other road or street - | ||
| (a) without lighting; | 50 | 100 |
| (b) with ordinary lighting; | 60 | 200 |
| (c) with neon or mercury lighting. | 70 | 250 |
| Third Grade Municipalities. | ||
| 1. Hoardings in arterial road with bus route - | ||
| (a) without lighting; | 60 | 180 |
| (b) with ordinary lighting; | 80 | 360 |
| (c) with neon or mercury lighting. | 90 | 450 |
| 2. Hoardings in main road with bus route - | ||
| (a) without lighting; | 40 | 120 |
| (b) with ordinary lighting; | 60 | 240 |
| (c) with neon or mercury lighting. | 70 | 300 |
| 3. Hoardings in other road or street- | ||
| (a) without lighting; | 20 | 60 |
| (b) with ordinary lighting; | 30 | 120 |
| (c) with neon or mercury lighting. | 60 | 150 |