220. General provisions regarding licence and permissions.
(1)Save as otherwise expressly provided in or may be prescribed under, this Act, every application for any licence or permission under this Act or any rule, bye-law or regulation made thereunder, or for the renewal thereof, shall be made not less than thirty and not more than ninety days before the earliest date with effect from which, or the commencement of the period (being a year or such less period as is mentioned in the application) for which the licence or permission is required.(2)Save as aforesaid, for every such licence or permission, fees may be charged on such units and at such rates as may be fixed by the Panchayat 1[or Collector, as the case may be,] provided that the rates shall not exceed the maximum, if any, prescribed:[Provided that for every licence for hoardings, the fees may be charged at such rates as may be fixed by the Government.] [Inserted by Tamil Nadu Panchayats (Eighth Amendment) Act, 2008 (Tamil Nadu Act 58 of 2008).](3)Save as aforesaid, if orders on an application for any such licence or permission are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the Executive Authority of the Village Panchayat or the Commissioner or the [Secretary or the Collector] [Substituted for the word 'secretary' by Tamil Nadu Panchayats (Eighth Amendment) Act, 2008 (Tamil Nadu Act 58 of 1998).], the application shall be deemed to have been allowed for the period, if any, for which it would have been ordinarily allowed and subject to the law, rules, bye-laws and regulations and all conditions ordinarily imposed.(4)The acceptance of the pre-payment of the fee for any such licence or permission shall not entitle the person making such prepayment to the licence or permission, but only to a refund of the fee in case of refusal of the licence or permission.(5)If an act, for which any such licence or permission is necessary, is done without such licence or permission, or in a manner inconsistent with the terms of the licence or permission obtained, then, -(a)the Executive Authority of the Village Panchayat or the Commissioner or the [Secretary or the collector] [Substituted for the word 'secretary' by Tamil Nadu Panchayats (Eighth Amendment) Act, 2008 (Tamil Nadu Act 58 of 1998).] may, by notice, require the person so doing such act to alter, remove, or as far as practicable restore to its original state, the whole, or any part of any property, movable or immovable, public or private affected thereby, within a time to be specified in the notice and further,(b)if no penalty has been specially provided in this Act for so doing such act the person so doing it shall be punishable with the fine not exceeding fifty rupees for such offence.(6)Whenever any person is convicted of an offence in respect of the failure to obtain any such licence or permission, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the Panchayat the amount of the fee chargeable for the licence or permission, and may, in his discretion, also recover summarily and pay over to the Panchayat such amount, if any, as he may fix as the costs of the prosecution.Explanation. - The recovery of the fee for a licence or permission under this sub-section shall not entitle the person convicted to the licence or permission.
