1981TN25
1981TN25
Act 25 of 1981
Keyword(s):
Building Line, Carriage, Cart, Casual Vacancy, City of Coimbatore, Hut,
Hutting Ground, Infectious Disease, Municipal Office, Occupier, Ordinary
Vacancy, Palanquin, Private Street, Public Street, Public Water-Courses,
Reconstruction, Sanitary-Worker, Residence
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178 Coimbatote City Municipal Curpotation (1981 : T.N.-Act 25
THE COIMBATORE CITY MUNICIPAL CORPORATION ACT,
1981,
CHAPTGR OF MUNICI~AL
11-CONSTITUTION AUTHORITI~~S.
3. The municipal authorities and their incorporation.
4. Bar of application of Tamil Nadu Act V of 1920.
5. Coustitution of council.
6. Constitution of standing comnlittees.
The Commissio~zer.
,12. Withdrawal of cominissioner from office.
13, Powers of commissioner and other officers.
/
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15. Extraardinar y powers of comrnissioller,
1981 :T. N. Act 253 ~ ri i~j .!,'rozicipul
C o i i i l b ~ iC 179 d
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Corporation :
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SECTIONS. i f
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16. Salary of commissioner or other officers appointed under sub-
section (2) of section 11.
17. Service regulatjons of co~nrnissionercr other officers appointed F
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U
& : ; ~ k e ~ : i + nt'2) i;f zzio;l 1 1.
18. Delegation of commissioner's polyer to the holder o f any
municipal office. Iri !
19. Reservation o f control in respect of powers delegated. L,
11
20. Delegation of commissioner's extraordinary powers.
21. Delegation of powers to commissione~ by a standing corn
mittee.
THECOUNCIL.
22. Functions of council.
,
23. Resolutions and orders of council.
24. Duties and pol~ersof individual couacillors. e
25. Mayor, Deputy Mayor or councillor not to receive remune-
rat ion.
'I
26. Requisitions by council or a standing comnlittee for commis-
sionei's records. 1
27. Council's power to call for records of committees. 1
28. Appointment of joint committee.
Proviyions commoli to the collncil n d the committep-
. 29. Election of Mayor and. Deputy Mayor.
30. Term of office of Mayor and Deputy Mayor.
31. District Collector to be Mayor till a llew Mayor is elected.
32. Mayor and Deputy Fdayor ineligible for i-c-olcction.
33. Rules and re ylntions for procecdil~gsof ccuncil and com-
mittees.
i
34. Presidency of council and committees.
180 Coimbatore City Mmicipd Corp~ratiort [L981 :T. N. Aft ;%s
SEC~IONS.
35. Commissioner and other officar wha;i~ to aELei~d meetings, etc.
36. C~mcillurst~ abziain from taking pari in discursion and
voting on questions in which they sro pecuniarily iillerested.
37. Resignations.
38. Saving of validity of proceedings.
The Mayor.
39. Prerogative of the Mayor.
40. Mayor to be Inembar of all committees.
Allm l~lstrationreport.
43. Submission of adr histration repxt to Government.
Powers of the Government.
44. Government's power. to call for records.
.
Qualijcations and disqual~f?cationsof voters, candit lutes nnd councillors~
51. Election of councillors.
52. Number of councillors for each division.
53. Electoral rolls for divisions and qualifications for inclusion
therein.
54. Preparation and publication of electoral rolls, etc.
55. Election of same person for more than one division.
56. Disqualification of voters.
57. Qualification of candidates.
58. Disqualification of candidates.
59. Disqualification of councillors.
60. Disqualification of candidates for corruption or dislusalty.
61. Oath or affirmation io be rnade by councillors.
62. Decision of questions of disqualification of councillors.
General procedt~re for clectiorz and co-option.
63. Term of office of councillors.
64. Electicn of couccillors.
65. procedure on failure of election.
66. Procedure in case of equality of votes.
67. Notifiw.tion of elections and co-options.
68. Power of Government to make election rulcs.
Establishment.
.
106. Corporation establishment.
107. Emergency powers of commissioner.
108. Conditions of service of corporation establishment.
109. Time within which vacancy in certain posts must be filled up.
110, Leave, pensionary and leave contribution of certain officers..
b"
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I V-TAX
CHAPTER ATION.
Generi-rl.
117. Enumeration of c rdinary taxes r,nd duti~s.
,
Coimbatore City Municipal Corporation [I981 : TS. Act 25
SB~ONS.
149. Power to require numbers to be affixed to carriage.
150. Registration and control of taxable carriages or animals.
Tax on carts.
151. General provisions regarding cart-tax.
152. Registration of carts.
153. Exemption.
154. Power to remit tax on cart kept for less than fifteen days o
not used.
Power to seize carriages and carts not bearing numbers.
155. Seizure of vehicles not bearing numbers.
156. Procedure after seizure.
Taxes levioble under sections 142 and 151.
157. prepayment of municipal tax conditi ~n precedent to registratia
under Tamil Nadu Act V of 1911.
Tax on advertisements .
158. Tax on ad vertisements.
159. Prohibition of advertisements without written permission
commissioner.
160. permission of the commissioner to become void in certain cau
161. Owncr or person in occupation to be deemed responjible.
162. Removal of unauthorised advertisements.
163. Collection of tax on advertisements.
Duty on transfers of property.
164. Method of essessment of duty on transfers of property.
165. : & 4
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166. P ~ w e rto make rules regarding collecrion of trs-duty.
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General provisions.
167. Power to exempt from taxes.
168. Power to assess ill case of escape from asscss:nent.
169. Application of Schedule 11.
VI-FINANCE.
CHAPTER
2 &e hllaricryul Fulid.
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187. uonsideration of the budget estimzte by the ~0Wtcil.
188. procedure of council* 4
189. gbligaioll lo passtI~'cbudget before the 15th day of 4
of the yepel..
to pass the budget before the dm date.
190. Failure of the co~mcil ,?
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191. Council may pass supplemental budget.
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192. Reduction or drausfer of budget grants.
193. Readjustment o! income and expenditure to be made by the
rnrnorati~n during the course of official year whenever
necessary. .3
Public Water-Supply .
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d
SECTIONS
Private latrines.
9
218. Provision of latrines by owner or occupier. -4
4
219. hovision of latrines and urinals for labourers. 4
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220. Provision of latrines and urinals for m~~rkets,
cart-stmds and
ca.tt le-sheds.
221. Latrines to be screened from view.
- -.--.--rRowers.
Gpnpral ,. - -
Iwer to carr y wire,, pipes, dra ins, etc.,thra1% a pri v?.te prop
sub.ject to a u si n,g as little inconvenierice . as possible
pzying for direct damage.
223. Prohibition against making connerion without permission,
a
CHAPTER
VIII--SANITATION. 3
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226. Provision for removal of rubbish and filth. L
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227. Pudic notice ordering deposit of rubbish and filth by owner or .'
occupier.
228. Removal of rubbish and filth accumulating in large quantities on
premises. I .
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Public Street.
236. Vesting of public streets and their appurtenances in corporation.
a d
237. Maintenance and repair of streets. * !I
238. Powers of authorities in regard to streets.
Ni I
239. Powers of commissioner to regulate access to land or building
abutting public streets.
240. Power to dispose of permanently closed streets. ;; 1
I
241. Acquisition of lands and buildings for improvements ofstreets.
242. Power to prescribe building line and street alignment.
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243. Restrictions on erection of or addition to buildings within street
alignment or building line.
244. Setting back projecting buildings or walls.
245. Setting forward buildings to improve lioe of street.
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Private streets. la
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250, Owner's obligation to make a street when disposing of lands as !i
building sites, !
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SFCTLONS
EncroacJtments on street&
256. Prohibition against obstructions in streets.
257. Prohibition and regulation of doors, gro~nd-floorwindows and
bars opening outwards.
258. Removal of encroachments.
259. Power to allow certain pro,iections and erections.
260. Power of council to set up hoardings and levy fees.
261. Precautions during repair of streets.
CHAPTER
X-BUJLDING REGULATIONS.
General powers.
268. Building rules.
269. Power of co: yoratioa Lo regulate future construction of certai
classes of buildings in particular street or localities.
270. Buildings at corner of streets.
271. Prohibition against use of inflammable materials for. buildi
etc., without permission.
Buildings other than huts.
272. Application to construct or reconstruct building.
273. Necessity for prior approval of the site.
274. Prohibition against ommencement of work without permission,
275. Period within which commissioner is to signify approval or
disapprova! .
276. Period within which commissioner is to grant or rekse to
grant permission to execute work.
277. Reference to standing committee if commissioner delays grant
or refusal of approval or permission.
278. Grounds on which approval of site for; or permission to
constuct or reconstruct building may be refused.
279. Special powers for suspending permission to construct buil-
dings.
280. Lapse of permission if not acted upon within six months and
completed within two years.
281. Inspection by commissioner.
. "
Powers of commissioner.
: 296. Demolition or alteration of building or well-work unlawfblly
commenced, carried on or completed.
297. Power of commissioner to direct removal of pelsons dire&
ing or carryiug on construction of buildings, etc.
298. Exemptions.
CHAPTERXi--HUTTING G~om-DS.
Prel imiptary.
299. Power of standing committee to defme and alter limits of
hutting grounds.
Improvem,ent of hutting grounds.
.I
30. Power of commissioner to require owner of hutting ground
i to carry OU*L certain improvenlents.
il
301. Power of commissioner to require preparation of,standard
?I plan by owner or occupier of hutting ground.
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Co,~poratiOn
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SECTIONS* j ,k
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304. Prohibition of buildings contrary to standard plan.
1 I
360. Purposes for which places within the limits of the City may
no1 be used without a licence.
361. Application to be made for construction, estatlishment or
installation of factory, workshop or work-place in which
steam or other power is to be employed.
362. Commissioner may issue directions for abatement of n u i w a
caused by 835, steam or other power.
363. Powsr of commissioner ra =quire owner a oecnpLr of
factory, workshop, etc.,. to put md maintain the factoryp
workshop, etc., in a cleanly state.
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-19811 T.N. Act 251 Caimbntore City Municipal ,199
Corporation
S~cTjio~s.
364 Power of Commissioner to require owner or occupier of
factory, etc., to discontinue the use of such factory, etc.
365. Commissioner may enter any factory, workshop or work-
place.
366. Standing committee to inspect rites and works.
367. Power of Government to pass orders or give directions to
Commissioner.
Washing and bathing.
368. Provision of places for bathing and lor washing animals.
369. Provision of public bathing houses, wash houses, etc.
370. Prohibition against washing by washermen at unautborised
places.
Slaughter houses.
371. Provision of corporation slaughter houses.
372. Licence for slaughter house.
373. Slaughter of animals during festivals and ceremonies.
374. Slaughter of animals for sale or food.
375. Slaughter of animals for religious ceremonies.
376. Power to grant licences be subject to Tamil Nadu Act =XI1
of 1950,
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391. Butcher's, fishmonger's and pou1tcr:r's licence.
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392. Power to prohibit or regulate sale of animals, birds or articles .C
in public streets. B
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393. Decision of cdsputes as to whether places are markets. d
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! 394. Duty of commissioner to inspect. "A*
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396. Preventing inspection by commissioner. i
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I 397. Power of commissioner to seize diseased animal, ?~oxiousfood,
etc.
398. Removing or interfering with articles seized.
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399. Power to destroy article seized.
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i ; '.' 400.&oduction of articles, etc., seized before Magistrate and powers
,
i! of Magistrate to deal with them. 5%
2s
f 1981 :T.N. Act 251 Ceimbatore City MuniCipuZ 291 !
Corporaston !
SBC~NS.
Disposal of the dead.
401. Re@strations or closing of ownerless places for disp~salof
dead.
402. Licensing places for disposal of dead.
I
403. Provision of burial and burning grounc'~snd crematoria within
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d
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or without the City by the Corporation.
5 4
Tyfkt;ous diseases.
L - Prevention of infection.
v
413. Provision of conveyances for carriage of patients.
414. Power to order removal of patients to hospital.
415. Disinfection of buildings and articles.
416. Destruction of huts and sheds when necessary,
- -202 Goimbatore City MuniciVal [I981 a TA.Act 25
.Corporation
, 4 : .
SBC~O~,
417. Provision of places for disinfection and powa to de&oy
infected articles. % \ *
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f,
CHAPTER
XV--R'JLBS, BY-LAWSAND REGULATIOS~.
4
430. Power of Government to make d e a .
/ ' 431. Rules and notifications to be placed before tho Eegisla ture?
r
,
I \ BY- LAWS^ /
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432. Power of council to make by-laws.
[; ' 433. Power to give retrospective effect to certain byalaw g,
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$981 :TIN. Act 251 CoirnbatU:.-City Munici'pal 203
Corporation
-MS.
434. Penalty for breaches of by-laws.
435. Confirmation of by-laws by Government.
436. Conditions precedent to making of by-laws.
_ . I
Licences and permissions. 1
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458. Signature on documents.
,
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SEcnONS.
default. 1. i:
misapplicettion.
493. Sanction for prostcution of Mayor and Deputy Mayor, etc. "
CHAPTER I.
Sbrt title, 1. (1) This Act may be called the Coimbatore City
extent aad
commenmt. Municipal Corporation Act, 1981.
(2) It extends to the City of Coimbatore.
(3) It shall come into force on such date, as. tbe
Government may, by notification, appoint.
Definitions. 2. Inthis Act,unlessthe contextotherwiserequires,--
i
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,
(17) "filth" means-
(a) night soil and other contents of latrines, cess- \ ,
I way,; .
t heir intation-
(a) to exclude from the City any local area com-
prised therein and defined in such notification ;or
+ ,
(b) to include within the City any local area in the
vicinity thereof and defined in such notification :
Provided that no cantonment shall be included within
the City. a
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under the Tamil Nadu District Munjcipa1:ties Acr,
1920 (Tamil Nadu Act V of 1920), and in force on the
date of commencement of this Act shall, so far as they
are not inconsistent with tha provisions of this Act,continu;
t t be
~ in force in the City, until they are replaced by the
notifications, rules, by-laws, regulations, orders, directions
and powers to be made, or issued, or conferred under this
Act.
5. (1) The Government shall, from time to time, Conrtitution of
by notification, determine the total number of councillors council.
to be elected to the council :
Provided that the total number of councillors shall
be not more than eighty and not less than forty-eight.
(2) Subject to the provisions of sub-section (3),
all the councillors of the council shall #beelected in the
manner laid down in this Act.
(3) Among the. elected members of the councl!
there shall be-
(a) five persons belonging to Scheduled Castes
or Scheduled Tribes ; and
(b) five) persons who are women
a8 councillors :
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9. (1) Subject to the provisions of this Act and the pmers of the
rules made thereunder and subject t o the previous approval standing
of the Government, the council shall, by regulations committees
framed for the purpose, aetermine the powers and duties of and sanction
for
of the standing committees. the standing
committees.
(2) he council shall sanction such staff as may
rsasonably be required by each standing committee, to
discharge its filncti~tls.
~dditiond 10: The council may, with the previous sanction of the
standing Government,. constitute additional standing-committees
committees. for such purposes as the council thinks fit.
THESEVERAL
AUTHORITIES.
The Commissioner.
12. :The Government may, at any time, withdraw the Withdrawal of
commissioner vfrom office.and shall do so if such witl.drawal commissioner
is recommended .by a resolution of the council.passed at a from office.
special meeting called for the purpose andssupported by
the votes of such number of councillors as shall cons-
titute .not-;less than two-thirds of the sanctioned strength
crf tlie .councii.
13. (1) Subject, whenever it is hereinafter expressly powel$ of
directed, to the sanction of the council or the standing commis~iancr
. committee, -as the case may be, and subjzct to all other and other.ofi-
restrictions, slimitations and conditions as may-be presc-I-cers.
bed or as are hereinafter imposed in this Act,the executive
power for the purpose of carrj ing o tit the provisions of this
Act be vestCd in the commissioner.
.
(2) The commissioner may, without the saqct'1011 of
the council incur petty contingent expenditure incidental
toithe municipal administration, not exceediqg five hundred
rupees in each case:
Provided that-
(a) provision to meet the expenditure is available
under the relevant head of account in the budget framed
by[& council, with the modifications, if any, made therein
by the Government ; and
(b) the commissioner shall report any expendi-
ture incurred under this sub-section and tile reasons therefor
to the council at its next meeting.
(3) Subject to the provisions of sub-section (I), the
commissioner and other ~~~~~~s sl~allperform all t l ~ cduties
and exercise all the powers, spccilically ill~poscclor con-
ferred on the commissioner or other officers, as the case
may.be, under this Act.
14. The commissioner shall be responsible for. the custody if i
custody of all the records of the corporation incloding.al1 recoris. !
papers and documents connected with the proceedings
of the council, the standing cointnittees and other com-
mittees and shall arrange for tlic perforn~a~cc of such
duties relating to the proceedings or the said bodies .as
they lnoy i*especti~ely
impssc.
222 Cofmbatote City 11981 :T.N.-Act 25.
Municipul Corporation
The Council. 1
22. (1) Subject to the provisions of this Act, the muni- Functions of ,
cipal Government of the city shall vest in the co~ncil,butcouncil.
the council shall not be entitled to exercise functions ex-
pressly assigned by or under this Act or any other law to a
I
standing committee or the commissioner.
. (2) If any doubt arises as to the municipal authority
to which any particular function pertains, the Mayor shall
refer the matter to the Government wbose decision thereon
shall be f i d .
(3) Without prejudice to the generality of sub-section
(I), it shall be the duty of the council to consider all perio-
dical statements of receipts and disbursements and all
progress reports and pass such resloutions thereon as it
thinks fit.
23. (1) The standing ~0mmitteesand the commissioner Resolutioas
shall be bound to give effect to every resolution or order and orders of .
of the council unless such resolution or order is cancelled council.
in whole or in part by the (3overnrnent.
. (2) If, in the o inion of the commissioner, any.
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224 ~ o l d a t o r city
c [198l :@.d:~c$l$
Afw~icipalCo~poration
&tics an1
24. (1) Any councillor may call the attention of the
powers of jnii- p.roper authority to anyne lect in the execution of muhi-
,,idunl !?
oouncil-ctpaI work, to anzr~wasteo municipal property or to the
lor$. wants of any .locality; and may suggest any -ilpprovement
which he considers desirable.
Rules and 33. The council and the standing committees shall
rc~lationsfor observe the procedqre laid down in Schedule I and.may
pq*eeedjn@ of make supplementary.regulations, not inconsistent there-
cQw41:
, c?!{t#r?c
" with, or with other provisions of this Act or any rules
made by the Government, for the conduct of their respec-
tive proceedings and also for the maintenance of order at
their me ttings.
Exp1anution.-Any supplementary regulatioq made
under this section shall, if it is inconsistent with the provi-
sions of any rule made subsequsntly, become void40 the
extent of such inconsistency.
RYrosid-aof 34. (1) Every meeting of the coun{:il shall be presided
c ~ m c i (and
~ over- by the Mayor, in his absence by the Deputy Mayof +
committwb. a n d in the absence of1 both the Mayor and the Deputy
Mayor, by a. councillor chosen by the meeting to preside
for. the occasion.
(2) Every meeting of a standing committee shall be
presided over by its chairman. and in his absenca by a
member thereof ohosen.by the meeting to presida for the
occasion.
(3). The Mayorstbe-Deputy Mayor, the counoiUor-or
the chairman, as the case may be, presiding at a meeting
of the council or committee shall preserve order and shall
decide all points. of.order and procedure arising at or in
connection with meetings. There shall be no discussion
an any point of order and the decision of the Mayor, tb
Dpputy Mayor, the .councillor or the chairman themnr
shall, save as,is otherwise expressly provided in this. Aot,
be hd.
(4) The. ~ e ~ u t y . ~ a oyr othe
r councillor presiding at
of th9 couocil and tho member presiding *+a
w f i n g of a, standing committee shall fur that meetinp,and
duqiging.the. pericd that :he pzesides over it have all t b
pawprs and be subjectto"all the obligations of the*Mayor
or the chairman, as the case may be.
The Mayor.
. - - -
Submission of 43. (1) As soon as may be after the first day d April
administration ixi every year and not later than such date as may be fixed
report to by the Government, the corporation shall submit to the
mvemment* Uovernment, a 'detailed report of the administration dwixig
?
the preceding year in such form as the Governtnent ha4
I direct.
(2) The commissioner shall prepare such report and
the council sllall consider the report and forwsrd the same
to the Government with its resolutions there on, if any.
(3) Copies of the administration report shall be kept
for sale at the municipal office.
Powers of the Govenrrnent.
C)o~ernmeart's 44. The Government may at any time require the councjl
powerto or the cornmissior;er-
call for (a) t o produce any record, correspondence, plan or
re~~rd.
other dc1cument;
(b) to furnish any return, plan, estimate, statement,
acc~untor statistics ;
(c) to furnish or obtain any report.
45. The Government may depute any officer to inspect
power to or any municpal department, office, service, work
cause inspep or thing and to report thereon; and any officer so deputed
tion to be may, for the purposes of such inspection or examination,
made. exercise dl the powers conferred by section 44.
' Government.s 46. If, on receipt of any information or report obtained
po wet to under section 44 or section 45, the Government are of
direct the opinion-
taking of
act ion. (a) that any duty imposed on any municipal authority
by or under this Act or under any other Act has not been
performed or has been performed in an imperfect, in-
efficient or unsuitable manner ; or
(b) that adequate financial provision has not been
made for the performance of any such duty,
the Government may, by an order, direct the muni~5pal
authority concerned, within a period to be specified in
order, to make arrangements to their satisfaction for
;he proper performance of the duty, or to make financial
provision to their satisfaction for the performance lot tb
duty, as the caseimay be :
1981 : TeNeAct 251 CofmbatoreCity 233
Municipal Co~porat
ion
? $
1%: concerned an opportunity for explanation :
Provided further that nothing in this sub-section
shall enable the Government to set aside any e l d o n
which has been held.
(2) If, in the opinion of the commissioner, immediate
action is necessary on any of the grounds referred to in
clause (d) of sub-section (I), he may suspend the1reso1u-
tion, order, licence, permission or act, as the case,may be,
and report to the Government who may tliereupon *either
rescind the commissioner's order or after giving the autho-'
rity or person t:oncerned a reasonable opportunity of
explanati~n,direct that it shdil co- ti-me in force with or
8 4 .
without modification permanently or for such period
ar t h y tl ink fit.
1981 :T.N. Act 251 C~imBato~e City 235
Mtm icipal Corporat fm
(3) The Government may, at any time, by notifi-
cation repeal wholly or in part or modify, any by-law:
Provided that before taking any actio~;under this
s u b i o n , the Gowrnment shall cornmumate to the
council the grounds on which they propose to do so,
fix a reasonable peliod 5: :k: cocncil to show cause
against the proposal and consider its explanations and
objections, if any.
(4) The repeal or modification of any by-law shall
take effect from the date of publication of the notification,
if no date is therein specified, and shall not affect anything
done, omitted or suffered before such date.
SO. (1) If, in the opinion of the Government, the council Government's
is not competent to perform or p'ersistently makes default POWer to dig-
solve or super-
in performing the duties imposed on it by law or exceeds sede
or abuses its powers, the Government may,by notification, titut. the
direct that the council be dissolved and reconstituted on council.
such date as the Government may fix in zhat behalf or
they may, if they think necessary, supersede the council
for a specified period not exceeding three years :
i ~ person
i f No
~ i ~ ~ ~ ~ l 56. ~ ~is unsound miad as declared so by
~ t i who
of voters. the competent court shall be qualified to vote and no person
who is disqualified under section 84 shall be qualified to
vote so long as the disqualification subsists.
~ i ~ ~ ~ ~ l 58. i ~A ~person
i f (1) t i ~who
~ has been sentenced by a crimin
~ f c a n d i d a t e ~ .court to imprisonment for life or to imprisonm
period of more than two years for any offence othe
than an offence of a political character or ap 'offence
involving moral delinquency (such sentence not - h
been reversed or the offence pardoned) shall be di
fied for election or co-option as a councillor while<
going the sentence and for five years from the date of t
expiration of the sentence.
:f.#. ~ c 251
t ~oimbaioreCtty Mrmnic@aZ 243
Corporation
4 (2) A p:;ssn convicted of an offence p~lnishabl~
under the Protection of Clvil Rights Act, 1955 (Ccntrai
Act 22 of 1955), shall be di~quiified foi election or co-
option as d councillor for a period of rive years from
i the date of such conv~ction:
Provided that the person concerned shall not
incur the disqualrfication under this sub-section if he has
been sfltenced by a criminal court for m y offenc- of a
% political character.
Corporation
(v) any company ;
(vi) the sale to the corporation
in whic I he regularly trades, or the pur
corporaxion of any articles in which he re
Provided further that where any contract has been
fully performed by the person by whom it 'has. been.
entered into with the corporation, then such. contract
shall be deemed not to subsist by reason of the fact that
the corporation has not performed its part of the contract
either whol1y;or in part ;
(d) employed as paid legal practitioner on behalf
of the corporation or as legal practitioner against the
corporation ;
(e)a representative or officer of any association
or union representing, or purporting to represent, any
section of the corporation establishment or any class of
employees of the corporation ;
Cf) an officer or servant holding office under thir
Act, or a Public Prosecutor or a Government Pleader;
(g) already a councillor whose term of office as
such will not expire before his fresh election or co-option
can tak2 effect or Lc*, cl:.cs.fy h e q elected a councillor
whose tern1 of office has not yet commenced ;
(hj in arrears of any kind due by him (otherwise
than in a fiduciary capacity) to the corporation up to
and inclusive of the previous year, in respect of which a
bill, no:ice or direction has been duly served upon him
and the time, if any, specified therein for payment has
expired :
Provided that tlte persons concerned shall not
incur the disqualification under this sub-section unless
he has been given a reasonable opportunity by the commis-
sioner for making his representation, if any; or
( i ) debarred from practising as a legal practi-
tioner.
(4) Notwithstanding anything contained in s u b
section (1), or sub-section (2), the Government may direct
that such conviction or sentence shall not operate a8 a
disqualification.
1981:gT.N.Act 25J
I Coimbatorc City Municipnl
Corporation
i
!
59. (1) Subject to the provisions of section 62, a ~issualidcation
councillor shall cease to hold office as such if he-
(a) is sentenced by a criminal court to suclr punish-
of councillors,
- elected
I, A.B. having been co-opted councillor of t h i ~council
in of God that I will bear true faith and
. solemn v affirm
#
f -
(2) No person shall print or cause to be prin!ted any
election pamphlzt or poster--: ,; :,
. & "
/
. .
(a) unless a declaration as to the identity of the
, ) -
publisher thereof signed by him and attested.bytwo persons
, to whomhe is personally known, is delivered by him to
. -.. th: printer io duplicate 1. and
4 .
. . . I
3 .
_ , ,
t
j9tii: $No Act 15j Coimbatora c 'ity 263.
Municipal Cprporation
(b) unless, within a reasonable time after the
ninting of the document, one ccpy of the declaration
i$.sent by the printer together with one copy of the dccu-
mnt lo the ~~rnrni(,(;iore.
78. (1) Any person who during the hours fixed for the Peaaltyfor mis-
poll at any polling station misconducts himself or fails to conduct at tb c
obey the lawful directions of the polling officer may be polling sta-
removed from the polling station by tPe polling officer tion*
or by any police efficer on duty or by any person authorised
in this behalf by suchpolIing officer.
(2) The powers conferred by sub-section (1) shall not
be exercised so as to preven: any elector who is otherwise
entitled to vole a t a polli g station from having an
opportunity of voting a t that polling stat ion.
(3) If any person who has been so removed from
a polling station re-enters the polling statior without the
permission of the polling officer, he shall be punishable
with imprisonment for a term which may extend to three
months, or with 6ne or with both.
(4) An offence punishable under sub-sectiotl (3) shall
be cognizable.
Explanation.--.-Inthis section, the expression "polling
officer" has the same nieaning as in section 77 .
L
79. (1) No candidate or his a p n t or any other person Penalty for
with the consent of a candidate or his agent shall hire gal .hiring d r ,
or procure whether on payment or otherwise a:y vehicle p:oturing .of
or vessel for the conveyance of any elector (other than the at elictions.
candidate himself, the members of his family or his agent)
to or from any polling station :
Provided that nothing in this su b-section shall
apply to-
(a) the hiring of a vehicle or vessel by an elector or
several ( lc ctors at their joint costs for the purpose QT con-
veybg him or them to or from the polling station, if the
vehicle or vessel so hired is a vehicle or vessel not pro-
p elled by mechanical power ;and
256 Coirnbatore City Municipal [I981 :f .N. Act '% "
Corparat ion
1 gi&o~al of bal-
bt papers
81. (1) Any person who at any election fraudulently
takes, or attempts to take, a ballot paper out of a polling
from p0lUn8 station, or wilfully aids or abets the doing of any such act,
statqOn*to be shall be punishable with imprisonment for a term which
an
may extend to one year or with fine which may extend to
five hundred rupees or with both.
(2) If the presiding officer of a polling statioil has
reason to believe that any person is committing or has
committed an offencepunishable under sub-section (I), such
officer may, before such person leaves the polling station
arrest or direct a police officer to arrest such person and m y
search such person or cause him to be searched by a mum
officer:
Corinbatore City 25j
Municipal Corporution
Provided that when it is necessary to cause a wcman
to be searched, the search shall be mad(: by another
woman with strict r e g ~ r dto decency.
(3) Any ballot paper found upon the person arrested
on search shall be made over for safe custody to a police
officer by the presiding c fficer,or when the search is mzde
bya police officer shall be kept by such officer in a safe
custody.
(4.) An offence punishable under sub-section (1) shall
be cognizable.
82. (1) No person at an election shall- Other offexic es
and paaltjea;
(a) fraudulently deface or fraudulently destroy any thereform
nomination paper ; or
(b) fraudulently deface, destroy or removesny list,
notice or other documc~ltaffixed bv or under thr: authority
of a returning officer;or
(c) frau dulently deface or fraudulently destroy any
ballot paper or the official mark on any ballot paper ; or
(d) without due authority supply any ballot paper
to any person or receive any ball0 t paper from any person
or be in possession of any ballot paper ;
(e) fraudulently put into any ballot box anything
other than the ballot paper which he is authorised by law to
put in; or
(I) witlloot tluc :lutllority destroy, take, open or
interfere with any ballot box or ballot papers
thenin use for the purposes of the election; or
(g) fraudulently or without due authority, as the
case may be, attempt to do any of the foregciing acts or
wilfully aid or abet the doing of any such acts.
Per,aIty for 92. If any person contravems any order made under
contravention section 55 or section 87, he shall be punishable with
any order of imprisonment ibr II term which may extend to one year
requisitioning.
or with fine or with both.
CHAPTER IV.
,
I/
;, 1 GENERAL
POWERS OF MUNIC~PAL
AUTHORITIES AS TO
plROPERTY, CONTRACTS AND ESTABLISZZMB~XT.
Property.
Limitation of 93. The council may accept trusts relating exclusively
power to aceeP* to the furtherance of purposes to which the municipal
' Property trust ft-nd may be applied.
CoirPlbnfore Ci?y 263
l'dwtic@aZ Corporation
-+- 94. Sobject to the provisions of section 101, the Acqolsitioe
commissioner may, for the purpose of this Act, acquire of property
on behalf of the corporation movable or immovable .and interest3
proprrty within or without the City or any interests in therela
1I
I
I
such property :
Provided that-
(a) the commissioner shall be bound by any
resolution of the standing committee fixing terms, rates or
P maximum prices for a particular case or f ~ anyr class of
cases ;
Objects not 97. The Government may with the consent of the
providedfor council transfer to the corporation the management'of
by this Act* any institution or the execution of any work not rovided
P
for by this Act and it shall thereupon be lawfu for the
corporation to undertake such management or execution :
Provided that in every such case, the funds requ&d
for such management or execution shall be placed at the
disposal of the corporation by the Government.
Contracts.
Power ofcouncil 98. The council may determine either generally for
detctmine
whether works any class of cases or specially for any particular case
shall be e x w ~ .whether the commissioner shal? execute works by contrwt
99. (1) The commissioner may sa~ctionany estimate, Power of the
the amount of which does not exceed fifty thou rand rupees. several autho-
rities to sanc-
(2) When the amcunt of the estimate exceeds fifty tion estimates.
thousand rupees, but docs not exceed one lakh of rupees,
the sanction of the concerned standing committee (other
than the standing committee on taxation and finance)
shall be required, and when the amouiit of the estimate
exceeds one lakh of rupees but does not exceed two lakhs
of rupees, the sanction of the standing committee on
taxation and finance shall be required; and when the
amount of the estimate exceeds two lakhs of rupees
but does not exceed ~ h r e c lakhs of rupees the
sanction of the council shall be required ; and when the
amount of estimate exceeds three lakhs of rupees, the
sanction of the Government shall be required.
100. (1) Where a project is framed for the b.:ecution Works costing
of any work or series of works the entire estimated cost more than onti
of which exceeds one lakh of rupees- lakh of rupees.
rnvitation of 103. (1) At least seven days before entering into any
tenders. contract for the execution of any work or the supply of
any materials or goods which will involve an expenditure
exceeding five thousand rupees, the commissioner shall
give notice by advertisement inviting tenders for such
contract :
Provided tlat the standing committee in case the
amount of contract sxceeds five thousand rupees,but does
not exceed fifty thousand rupees, and the council, in case
the amount of the contract exceeds fifty thouand rupees,
may, at tbe instance of the commissioner and for reasons
which shal! be recorded in its proceedings, authorise the
commissioner to enter into a contract without inviting
teriders.
48
R<rvidedthat -
(a) the duration of the special he~lthofficer shall
fI
not exceed six months ;and
dt (b) the corporation shall not be bound to pay more
than one thousand five hundred rupees per mensem on
acoount thereof.
112. (1) The commissioner shall lay before the appoint- ZJstablilhmat '
.1
I .
(b) to issue such general or special directions as
they may think necessary for the purpose of giving due
effect to any transfer made under clause (a).
CHAPTER V.
TAXATION,
I
General.
117. Tbe council may levy- Enumeration
of ordinarb)
taxes an d
(a) a property tax ; duties.
(b) a profession tax ;
1 (c) a tax on carriages and animals ; !
I (d) a tax on carts ;
(e) a tax on advertisements other than advertise-
I
ments published in the newspapers ;and
( f ) a duty on certain transfers of propprtv in the
form of surcharge on stamp duty.
118. Any resolution of the council determinin to powers of
f
levy a tax shall specify the rate at which and the date rom Govefnment.8 :
which any such tax shall be levied : .I
7,
.!
Provided that before passing a resolution imposing a
tax for the first time or increasing the rate of an existing
tax, the council shall publish a notice in atleast one
Tamil newspaper and on the notice board ofthe municl-
pal of6ce and in such other places within the City as may
be specified by the council and by beat of drum, of its
intention, fix a reasonable period not being less than one
month for submission of objections and cocsider the
obj-ctions, if any, received within the period specified :
Provided further that any resolution abolishing an
existing tax or reducing the rate at which a tax is levied
shall be im~ediatelyreported to the Government and in
cases where there is any outstanding loan due trom the
276 CoimMfore Cfty Muniripal [1981 :T.N. Act 25
Corporation
corporation to the Central or to any State Government
or to the public -or to any other local authority, such
abolitioll or reduction shall not be carried into effect
without the sanction si thr: Governmeat :
Provided also that, where any resolution under this
section has taken effect for a particular half-year, no pro-
posal to alter the rates cr date fixed in such resolution so
far as that half-year is concerned shall, without the sanc-
tion of or direction from, the Government, be taken into
consideration by the council.
leth hod of 122. (1) Every building shall be assessed together with
arsersmmt of its site and other adjacent premises occupied as lu appur-
pro~cnvtax. tenance thereto unless the owner of the building is a diffe-
rent person from the owner of such site or premises.
Q ~ c~m
c p- ~ 123.~ The following buildings and lands shall be exempt
tions from from the property tax-
tropest y tax*
(a) places set apart for public worship and either
actually so used 0:: used for no other purpose ;
(b) choultries for the occupation of which no rent
is charged and choultries the rent charged for the occupad
tion of whichis used exclusively for charitable purposes ;
(c) places used for tho charitable purpose of
sheltering the destitute or animal!; and orphanages, homes
and schools for the deaf and dumb, asylum for the aged
and fallen women and such similar institutions rw.
purely on philanthropic lines as are approved by the
council ;
(d) such ancient monuments protected under the
Ancient Monuments Preservation Act, 1904 (Central Act
VII of 904) and such ancient and historical monuments
'
a
(c) If such date falls within the first four 'months
of a half-year, the owner shall subject to notice being given
under clause (a), be entitled to a remission of so mu&, not
exceeding a half of the tax or enhanced tax, as the case
may be, payable in respect of the building only, for that
half-year as is proportionate to the number of days in
that half-year preceding such date.
I
(2) (a) If any building in the City is demolished or
destroyed, the owner shall, until notice thereof is given to
I the commissioner, be liable for the payment of the property
tax for which he would have been liable had the building
not been demolished or destroyed ;
132. (1) For the Purpose of assessing the property tax Commissioner9s
the wmrnissioner may, by notice, call on the owner on power to call
ompier of any building ur land to h!,dish him within for informati02
and toprcmipes,
&ity days after the hervice of the ~ 9 t i c ewhere the notice upon enter
is served upon the Gcvernment, a railway administration
or E comgany i:nd within fifteen( ays after s ~ c hservice in
other cases with retcrns of the rent payable for the buil-
ding or land, the cost of erecting the building and t~~
,
_ -- - ---- -
tih1 T.N. Act 25 C'oimbatort C it^, 283
Mun icipal Corporation
(4) Nothing contained in this section shall be deemeO
to render a person who resides within the local limits of any
local authority or cantonment and exercises his profession,
art or calling 01- transacts business or holds any appoint-
ment within the limits of any other local authority or
cantonment liable to profession tax for more than the higher
of the amounts of the tax leviable by any of the local
authorities or cantonments. In such a case the Govern-
ment shall apportion the tax between the local authorities
including cantonments in such manner as they may deem
fit and the decision of the Government shall be final :
Provided that where one of the local authorities con-
cerned is the port authority of a major port or a canton-
ment authority, the decision of the Government shall be
subject to the concurrence of thc Central Government.
134. The profession tax leviable from a firm, asso&a-Liability oi
tion or joint Hindu family may be levied fror- any adult rnernbel4sof
ma, associa-
member of the firm, association or family. tions andjoint
Hindu families
to profession
tax.
135. (1) If n company or perso2 employs a servant or Liablity of
agent to represent it or him for the purpose of transacting servants or
business in the City, such company or person shall be fession tax. pro*
deemed to traasact business in the City mid such servant
or agent shall be liable for the profession tax, in respect
of the business of such company or person, whether or not
such servant or agent has power to make binding contracts
on behalf of such cotnpaliy or person.
(2) Where one company or person is the agent of
another company or person,the former company or person
&all not be liable separately to the profession tax, on the
m e income as that of the principal.
136. If the ~rofessiontax due from any company or Service of
person is not paid, the commissioner shall cause a noti- notice on
to be served on such company or person to pay it within failure
payment
of
of
fifteen days of the date of such service. tax.
137. All statements made,return$ furnished cr accounts Statements,
or documents produced in connection with the assessment returns. Ma,. to
of profession tax by any company or person shall be treated be confidentlal*
as confidential ano copies thereof shall not be granted to
the public.
588 &trrsbato~e etty
Municipal Corporation
III---"Poblic
Explaniltio~~ place" shall, for the pur-
poses of this section mean, any place which is open to the
use and enjoyment of the public, whether it is actually
used or enjoyed by the public or not.
ex plan at in^ IK--In this Chapter, the expression
"advertisement " shall not include any advertiwmnt
published irk any newspaper.
Prohibition of 159. (1 ) No advertisement shall. after the levy of the
advertisements tax under section 158 has been determined upon in the
without written council, be erected, exhibited, fixed or retained upon or
aermission of over any land, building, wall, hoarding or structure
commissioner.
within the City or shall be displayed in any manner
whatsoever in any place without the written permission
of the commissioner.
(2) The commissioner shall not grant such permission
if-
(i) the advertisement contravenes iny by-la w
made by the council under olause (30)of section 432; .or
(ii) the ~ R X if, any, duo in respect' of the advertise.
ment has not bee n paid ;or
(iii) the erection, exhibition, fixation or retention
of the advertisement is a n offence under the Tamil Nadu
Open Places (Prevention of Disfigurement) Act, 1959
(Tamil Nadu Act 2 of 1959).
(3) Subject to the provisions of sub-section (2) in the
case of an advertisement liable to the advertisement tax, . .
the commissioner shall grant permission for the period
t o which the payment of th9 tax relates and no fie shall
be charged in respoct of such permission :
Prcvided that the provisions of this section shall not'
apply t o any advertisement erected, exhibited, fixtd or
retained on the premises of a railway administration
relating to the buslncss of a railway administ~ation. b
Permission of
~hecomis~ion~r
to hecnraemd
160. ~ h rpermission
:
boome void in the followng cases, narnel!~: -
granted under section 159 sbaQ
1981: T.N. Act 251 C o j i ~Wore
~ t Ci t ~ ' 299
JTmi~fPdCorporation
(a) if the advertisement contravenes any by-law
made by the council under clause (30) of section 432 or the
Tamil Nadu Open Places (Preveation of Disfigurement) Act,
1959 (Tamil Nadu Act 2 of 1959) ;
(b) if any addition to the advertisement be made,
except for the purpose of making it secure under the direc-
tion of the engineer for general purposes ;
(c) if any material change be made in the advertise- . ,
ment or any part thereof ; ., J
-- - -- - -- ." --.".
%
---1
19ti : T.N. A C i5j
~ Coimbatore (fity Mmicipai 401
Corporation
Description of instruments. Am~tdntorz which duty
should be levied.
(1) (2)
authority under ~ t i o n
47-A of thL I-dian Stamp
Act, 1899 (Central Act I1
of 1899), as the case may
be.
(iv) Mortgage with posses- The amount secured by the
sion of immovable mortgage, as set foi th in
property. the instrumen.t.
(v) Lease in perpetuity of An amount equal to one-
immovable property. sixth of the whole
amount or value of the 1
rents which would be
paid or delivered in res-
pect of the first fifty years
of the lease, as set forth
in the instrument.
165. On the introduction of the transfer duty- Provisions
applicable on
(a) section 27 of the said Stamp Act shall be read as if theintroduction
it specifically required the particulars to be set forth of transfer
separately in respect of property situated within the limits
of the City add o~:;idc czth limits ;
(b) section 64 of the fame Act shall be read as if it
,referred to thr: corporation as well as the Central Govern-
ment and the Government.
X66. The C overnment may make rules not inconsistent power make
with this Act for regulating the collection of the duty, the rules regardim
of
payment thereof to the corporationea.nd the deduction of transfer duty.
. any expenses incurred by the Government in the collec-
.tion thereof.
General provisions.
167. With the sanction of the Government the council power to
may exempt any person or class of persons wholly or in exempt .
part from the payment of any tax. But nothing in this from taxes*
section shall be deemed to authorise the exemption of any
proon aolely on the ground that he is a councillor.
. t
Time for 175. The time for the repayrncnt of any money borrowed
repayment of under section 174 shall in no case exceed sixty years, and
inoney the time for the repayment of any money borrowed for the
ed under
seaion 174, purposc of discharging any previous loan shall not except
with the express sanction of the Government, extend be-
yond the unexpired portion of the period for which such
previous loan was sanctioned.
Limit of 176. ~ ~ ~ i v i t h s t a n d anything
ing hereinbefore contained
borrowt ng the borrowing powers of the corporation shall be limited
powers. so that the sum payable annually for interest and for the
maintenance of the sin king funds as hereinafter provided,
and for interest and repayment of any sums borrowed
otherwise shall not, except with the express sanction
of the Government exceed twelve and a half per cent of the
annual value of buildings and lands as determined under
Chapter V.
Form and 177. All debentures issued under this Chapter shall be in
effect of such form as the ceuncil, with the previous sanction of the
debentures* Government, may determine, and shall be transferable in
such manner as shall be therein expressed ; and the right
to sue in respect of the moneys secured by any of such
debentures shall vest in the holders therzof for the time
being without any preference by reason of some such
debentures being prior in date to others.
Payment t o 178. When any debunture or security issued ' under
survivors of this Act is payable to two or more persons jointly and either
joint or any of them dies, then notwithstar~dinganything in
section 45 of the Indian Contract Act, 1872 (Central Act
IX of 1872), the: debenture or security shall be payable
to the survivor or survivors of such persons : . .
Annual state- 182. (1) Tlie aforesaid trustees shall, at the end of ewry
by trua
te es.
- year, submit to the corporation a statement showing-
(a) the amount which has been invested during
the year under section 180, 4
(b) the date of the last investment made previous 8
to the submission of the statement, Y
*
(c) the aggregate amount of the securities then in
I
their hands, and
3
188. The council may refer the budgt estimate back :kwedvta
to the standing committee on taxation and finance for of council.
further consideration and re-submission within a specified
time well in advance of the due date specified in section187
or adopt the budget estimate or any revised Budget
estimate submitted to it either as it stands, or subject to
such alterations as it deems expedient:
Provided that the budget estimate fini.11~adopted by tte
council shall make adequate and suitable provisions for
each of the matters referred to in clauses (a) to (c) of sub-
section (2) of section 186 :
Provided that-
F
(i) dile regard shall be had, when making any such
reduction or transfer, to all the requirements of this Act;
(ii) the aggregate sum of the budget grants contained
in the budget estimate adopted by the council shall not be
increased except by the council under section 191 ;
(iii) every such reduction or trans
brought to the notice of the council at its n
(2) IP any such redimtion or transfer is
ox~eeding rupees five h~
regard there1.o such order
incumbent on the standing corn
iinaoce and the commissioner to gi
i Re-adjust- 193. (1) If it shall at any time duri
i sent ' of to the council, upon the representati
! incomeand committee on taxation and finance t
I sxpenditurt
i to be made any reduction of budget grants that may
bythe under sction 192, the income of the mun
corporation the said year will not suffice to meet the
during the
Jourse of tioned in the budget estimat
official year at the close of the year a
,
whenever lakh and fifty thou
i
I'
UGWSS~~~.. Account-Revenue, it shall be
? either to diminish the sanctio
so far as it may be possible so to do
1981 ! T.N.Act 251 Coimbatbrc City 311
Municipjl Corporation
the requirements of the Act, or to have recourse to supple-
mentary taxatioq cr to adopt both of these expedients
iaauch -sure as m?.he mcssagv r o s r c ~ 2c S - G ~
cash Warice of not 16s than one lakh and fifty thousand
rupees under General Account-Revenue at the close
of the year.
(2) Whenever the council determilies to have recourse
to supplementary taxatioi~in any year, it shall do so by
increasing for the unexpired portion of the year the rate
at which any tax or duty is being levi~d, subject to the
condition., limitations and restrictions laid down in Chap-
ter V.
CHAPTER VII.
PUBLICHEALTH,SAFETY AND CONVZNIENC': WATE~-
3 { , ~ ?sy : L V ~ Z ~ T;G
I ? -rbi D ~ i . 2 ;~
54,
Public Water-supply,?
194. All public reservoirs, tanks, cisterns, fountains, vesting d
wells, pumps, pipes, taps, conduits, aqueducts and other works in cor-
works (not vested in the Government) connected with the poratio~*
supply of watsr to the City whether made at the cost of the
ooxporation or otherwise,and all bridges,buildings,engine~,
works, materials and other things connected therewith and
all lands (not being private property or property vested in
the Govrnment), adjacent and appcrtaioing to the same, I
Private wafer-supply.
i
. - A - - '----
Pz~blicdrainage.
Private drainage.
(2) Not less than fifteen days before any work under
this section is commenced, tbe commissioner shall give
written notice to the owners of-
the corporation.
Building, 213. (1) Vithout the permission of the commissioner no
ctc.,not to person shall place or construct any fence,building, culvert,
be erected pipe, drain, drain-covering or other structure or any
-- without street, railway or cable over under in or across any public
permission,
over drain or stop up, divert, obstruct or in any way interfere
drains. with any public drain, whether it passes through publio
or private grouad.
(2) The commissioner may remove or otherwise' &a1
with anything placed or constructed in contravention of
sub-section (1) ss he shall think fit, and the cost of so doing
shall be recoverable from the owner thereof in the manner
provided in section 478.
Construction 21.4. (1) The commissioner may by notice require the
of culverts owner or occupier of any building or land adjoining a public
by owner street to construct culverts or drain-covering over the side
or oocupier. channels or ditches at the entrances to tha said building or
lad,
(2) Such culverts or drain-coverings shall be of
form and size and consist of sucb materials and be provided
with such means of ventilation as may be specified in the
said notice, and shall be maintained ard kept free from all.
obstruction at the expense of the said owner or occupier.'
Maintenance 215. The owner or occd$;lc.- 3f :ny hii!ding in a pub&
of troughs street, shall, within fifteen days after receipt of notice in
and ~ i r n that behalf fi-01-11the commissioner, put up, and thence-
for catch-
ing water. forward maintain proper troughs and pipes for catching
and carrying the water from the roof aud other parts of
such building and for discharging such water ;n sucb
manner as t h commissioner
~ may allow.
Public latrines.
Provisioa 216. The corporation shalI provide and maintain in
of proper and convenient places a sufficient number of public
puklic
latrines. latrines and shall cause the same to be kept clean and- io
proper order.
-
c9
-9 .
" - "" *.---.,-- .-
-
Mun ic ipal Corporation
217. (1) Thecommissioner may licence for any period Limsjne
not exceeding one year the provision and maintenance of of public
latrines for public use. latrines.
Municipal Corporation
Generalpowers.
P 3wer to 222. The commissioner may carry any cable, wire, pipe,
carry wire, drain or channel of any kind to establish or maintain
pipes, any system of drainage, water-supply or lighting, through,
drains,etc., across, ui~deror over any road, street or place laid out
through
private for a road or street and after giving reasonable notioe
PrOpefiY to the owner or occupier through, across, underyoveryor
subj,wtto up the side of, any land or building in the City and mcj
causijng as
little piare and maintain posts, poles, standards, brackets
incon- or other contrivances to support cables, pipes, channels,
venience wires and lights on any pole or post in the City not vested
as possible in the Government and may do all acts necessary or
and paying expedient for repairing or maintaining any such cable;
for direct
Q mage. wire, pipe, drain, channel, post, pole, standard, bracket
or other similar contrivance in an effective state for the
purpose for which it is intended to be used, or for removing
the same :
Provided that such work shall be done so as to cause tho
least practicable nuisance or inconvenience to any person :
Provided further that the commissioner shall, with the
sanction of the standing committee, p ~ ycompensation
to any person who sustains damage by the e
such power.
\
. : ..
+' 1981 T.l!?, ~ c251
* t Coimbutote~Ci:y Municipal . 323
Corporaftun
225. (1) The corporation shall not undertake new works Powers of
beyond the limits of the City without the sanction of the TrP?rat-
10n in
Government. respect 01
works
(2) The corporation may, in the execution and for outside tho
the purposes of any works beyond the limits of the City City.
sanctioned by the Government whether before or after
the date of commencement of this Act, exercise all the
powers which it may exercise within the City throughout
the line of country through which conduits, channels,
pipes, lines of posts and wires and tht: like run, and over
any lake or reservoir from whi2h a supply of water for
the use of the City is derived, and over all lands at a distance
not exceeding two kilometres beyond the high water level
of any such lake or reservoir, and over any lands used for
sewage farms, sewage disposal tanks, filters and c+her
works connected with the drainage of the CitJ.
CHAPTER VIII,
Q40. - (1) When any public street is permanently closed Power to di*
erma-
under section 238, the corporation may dispose of the site pose of oscd
or so much thereof as is no longer required making com- ,,,ee,s~ P
pensation to any person injured by such closing.
Rest rid ions 243. (1) No person shall construct any portion of any
on erection of building within a street alignment prcscr~beaunder section
or addition to 242: provided however that the commissioner may in his $
buildings with-
in aljp- discretion permit additions to a building to be made witsn ,
merit or buil- a street alignment, if such additions merely add to the ,
ding line, height and rest upon an existing building or wall, upon .
the owner of the bgilding executing an a9eement binding '
w.s*t-%
.' %-- --
(2) If the comm-ksioner refuses to grant prmission
to erect or add to any building on the ground that the
proposed site falls wholly ot in part within a street alignment
prescribed under section 242 and if such site or the portion
thereof which falls within such alignment be not acquired
on behalf of the corporation within three years after the
date of such refusal, the corporation shall pay compensation
to the ownel of the site.
(3) No person sh2l.f erect or add to any building
between a stieet alignment and a building line prescribed
u.lder section 242 except with rhe pel mission of the com-
missioner, who may when granting permissioil impose such
condition as the standing committee may lay down
for such cases.
244. 1) When my building or part thereof abutting settj* b a a
I
on a pub ic stvet is within a street alignment prescribed pro' aiw
dimOr
&idel section 242, the commissioner may, wheneve1 it is walls. P
.
proposed-
(a) to rebuild such building or teke it down to an
extent exceeding one-h?.lf thereof above the ground level,
such half to be measured in cubic metre ; or
(b) to remove, reconstruct or make any addition
to any p ~ r t i o nof such building which is within street
alignment ;
market value o
248. It shall not be lawful for any person, without the Protection of
permission of the commissioner, to displace, take up or appurtenances
materials
make any alteration in the fences, posts, pavement, flags streets.
or other materials of any public street.
Private Sti'eets* I
250. (1) If the owner of any land utilises, sells, leases Owner's obliga-
' io or otherwise disposes of such land or any portion or ow^^^ a
il
portions of the same as sites for the construction of buildings disposing of
he shall, save in such cases as the site or sitw may abut on lands as
an existing public or private street, lay-out and make a buildins sites.
street or streets giving access to the site or sites and con-
necting with an existing public or private street.
334 %oimbatdrt! city
hfunicipal Corporution
, . street ;
.,
I '
(b) the street alignment and the bugding & ;
(c) arrangements to be made, g& &&-
- metalling, f&@ug, channelling, %wring-8;
,
==rvi4 li&ting the street ;
(4 the e z e ~ tof each site
i98i :T,N. Act 25j Coimbatore City 335
.
Municipal Corporation
252. The provisions of sections 242, 243 and 244 shall Application of j
apply so far as r a y be, to private streets, including streets sections 242,
243 and 244
to be laid out and made under section 250 or section 251. t o private
streets,
'
1 ,* -, '
Altzrstion or 253. (1) If eny person lays out or makes any street
dmolition of referred to in section 251, without or otherwise than:in
streets made conformity with the orders of tho commissioner, the
in breach ' commissioner may, whether or not the offender be prose-
sectiod251' cuted under this Act, by notice-
(u) require the offender to show sufficient causes
by a written statement signed by him and sent to the
commissioner on or before such day as may be specified
in the notice, why such street should not be altered to the
satisfaction of the commissioner or iJ such alteration be
impracticable, why such street should not be demolished, or
(b) require the GE.,Z<L; :O appmr before the
commissioner either personally or by a duly authorised
agent, on such day and at such time and place as may be
specified in the notice, and show cause as aforesaid.
(2) If any person on whom such noece is served
fails to show sufficient cause to the satisfaction of the
commissioner why such street should not be so altered
or demolished, the .commissioner may pass an order
directing the alteration or demolition of such street.
POwer of 254. (1) If any private street or part thereof is not levelled.
commissioner paved,metalled, flagged, channelled, sewered, drained, con-
to order work served or lighted to the satisfaction of the commissioner,
to be carried
out or to he may by notice require the owners of such street or
zarryit out part and the owners of buildings and lands fronting or
himself i n abutting on such street or part including in cases where
default. the owners of the land and of the building thereon arc
different, the owners both of the land and of the building
to carry out any work which in his opinion may be necessary,
and within such time as may be specified in such notice.
(2) -If such work is- not carried out within the time
specified in the notice, the commissioner may, if he thinks
flt,exec~~r+it and the expenses incurred shall be paid by the
vwners referred to in sub-section (1) in such proportions
as may be settled by the commissioner. I
pow to d e c 255. (1) If' aay street has been levelled, paved, metalled,
lare private as flagged, channelled, sewered, drained, conserved and
public stred. lighted under the provisims of section 254, such stree t
shall,.on the requisition of a majority of the owners referred
, . to in sub-section (1) of that section, be declared as abpublic
,: . ' .8tf0&9
)& :'r.lV.Act i5j Coih~batoi.eCity Mrnieip~l 3 3 f
Corgoration
I Encroachme~ztson ctreets.
356. No onc shall build any wall or erect any fence Prohibition
or other obstruction or projection or make any encroach- against
ment in or over any street or any public place the control inobstructions
of which is vested in the corporation except as hereinafter
I
I provided.
257. (1) No door, gate, bar or ground-fioor window ProI~ibitioa
shall without a licence from the commissioner be hung or and regula-
placed so as to open outwards upon any street. tion of
doors.
(2) The commissioner may by notice require the owner groud-
floor I
- A
. .-,
". , *r .
alivi~lgperson irrespective of his status or the
8' "
I
-* . .
. ' A
- - occupied by him.
I 1981: T.N. Act 251 Coimbarore City 341
i Munic ipal Corpor~t
ion.
a) The Commissioner shall cause to in put up
or painted in Tamil and in English on a c3nspicuous
part of some building, wall or place, at or ilear each end.
corner or entrance of every public street, the name or
number by which it is to t.: 3:zw-,-;;;.
(3) No person shall without lawful authority destroy,
pull down or deface eny such name or number or put up
any name or number different from that plit up by order
of the commissioner.
267. (1) The Comtrdssioner may cause a ilumbes to be Numbering of
affixed to the side or outer door of any building or to some buildings.
place at the entrance of t b enclosure thereof.
(2) No pzrson shall, witbout lawful authority.
destroy, pull down or deface any such number.
(3) When a number has been affixed under sub-section
(I), the owner of the building s ball be bound to maintain
such number and to replace it if removed or defaced ;
and if he fails to do so, the commissioner may by notice
require him to replace it.
CHAPTER X,
General powers.
268. (1) Tbe Government may make rules - Building
rules.
(a) for the regu1a.tion or restriction of the use or
development of sites for building, and
(b) for theregulation or restriction of building including
the location, design, construction, its use for reridence,
commerce, trade, industry, recreation, culture and other
purposes, and
(c) for the regulation of erection, maintenance and
safety of building.
Q) Without prejudice to the generality of the power
conferred by clause (a) of sub-section (11, rules made
under tkat clause may provide-
r: (a) that no insanitary or dangerous site shall be
used for building, and
342 Coimbatore City [198l: T.N. Act 25
Mmic ipal C~rgoration
(b) that no site shall be used for the constructioq of a
building intended for public worship if the construction of
the building thereon will wound the religious feelings of
any class of persons.
(3) Without prejudice to the generality of the power
conferred by clause (b) of sub-section (I), rules made
under that clause may provide for the following mtters,
namely :-
(a) information and plans t c ~be submitted together
with applications for permissicn to build ;
(b) height of buildings, whether absolute or
relativs to the width of streets;
(c) level and width of foundation, level of lowest
030r and stability of qtrllctllre:
(d) mmber and height of storeys composing a
bulldiag a nd height of rooms ;
(e) provision of sufficient open space, external or
internal ,and adequate means of ventilat.:.on;
( f ) prclhibition or restriction of the construction of
buildings within such distance as may be specified from
the boundary of any street;
(g) provision of means of egress in case of fire;
(h) provision of st;condary means of access for
the removal of house refuse ;
(i) materials and methods of construction of external
and party walls, roofs and floors;
(j) position, materials and methods of construction
~f hearths, smoke-escapes, chimneys, stair cases, latrines3
drains, cess-pools ;
(k) paving of yards ;
(1) restrictions on the use of inflammable mater*
ir h.rli:dingl
(m)in the case of wells, the dimensions of the well
the manner of enclosing it and if the well is intended for
drinking purposes, the means which shall be used to
prevent polluticn of the water; and
3
.
5
"
: f ~ r&q;ldft ~g,-ki;rg
building site. b
1981: T.N. Act 251
275. Within thirty days after the receipt of any applica- Period within
tion made under section 272 for approval of a site, or of which cpmmi-
any information or further information required under signifyssioner appro-
I S to
,
rules or by-laws, the commissioner shall, by written order, val dis.
either approve the site or refuse to approve the site on one approval.
or more of the grounds mentioned in section 278.
276. Within thirty days after the receipt of any applica- Period wit hin
tion made under section 272 for permission to execute any which commis-
work or of any information or of documents or further grant sioneroris refuse
to
information or documents required under rules or by-laws to l..lnt per-
the commissioner shall, by written order, either granc such mission lo
permission or refuse to grant such permisslo,, on one or execute work.
more of the grounds mentioned in section 278 or section
9-0.
1
&Id*
277. (1) If within the period laid down in section 275 Reference to
or section 276, as the case may be, the commissioner has st and1ngif com-
mittee
I
neither given nor refused his approval of a building site,
or his permission to execute any work, the standing corn- delays grant or
mittee shall be bound,on the written request of the applicant refusa: of
to determine by written order whether such approval or approvbl
permission should be given or not. or permission.
. .
(7) that the site of such building does not
- , on a street or a ;projected street. and there is no a
such building from any such street by a passage or p
appertaining to such site and not less than 3.5
. . - wide at any part ;
(8) that the site is required for a public purpose .
under any law for the time being in force.
(2) Whenever the commissioner or the stanan; '
Htrts. wells.
I
.
the commissioner has neither granted nor refused to grant wmmitt- ,
1 :
Preliminary.
1
299. The standiug committee may, subject to the Power of
approval of the council, decide whethcr any particular sta**lng to
area is or is not a hutting ground as defined in clausa (21) committee
define and alter ,
i of section 2 and thls decision 01' the standing committee limits ofhuitbg
I 3 grounds.
$54 ~oirn&,ntdreCity!Akunicipai [198i :'%.HiAct 38
Colrporut ion
shall, on such approval, be final. The standing corninittee
may also, subject to the approval of the council,. define
the external limits of any hutting ground and from time
to time alter such limits.
Tmprovement af'hutting grounds.
, Power of 300. (1) The cornmissioner may, for sdnitary reasons,
commissioner. require the owner or occupier of any hutting ground of
to requirt
owner of which the total area as comprised within the limits defined
huttiig under section 299 is less than one thousand four hundred
ground to and fifty square metres,--
carry out
certain (a) to o2en up and constrtct such passages, not
improve- exceeding 3.5 metres in width, between the buildings or
ments. huts and to provide such surface drains and latrines for
the use of the tenants of the hutting ground, as the commis-
sioner may think necessary ; and
(b) to remove rhp vbolz or any portion of a hut
provided that the owner or occupiw of the building or hut
shall be entitled to receive from the municipal fund such
compensaiion calculated according to the estimated value
of the structure removed, as the commissioner may deter-
mine.
(2) 'When the commissioner pronos& to issue a
requisition it1 respect of any hutting ground under sub-
section (1): be shall prepare a standard plan showing the
proposed improvements and may then by written notide,
cail on the owner or occupier of the hutting ground to
show cause why the hutting ground should not be improved
within a date to be fixed in conformity with the said plan.
(3) Thc provisions of sections 308, 309, 310, 315,.
318, 319 and 322 shall with all necessary modifications,
be deemed to apply in the case of every requisitlon.issued
under sub-section (1).
Power of 301. (1) The commissioner may, at any time, if it
c~mmissiona appears to him that any hutting ground, for sanitary
to
preparation reasons, requires improvements, serve a notice upon the
ofsmhrd owner or occupier of such hutting ground requiring him
plan by tc nrepare and submit a plan of the hutting ground*.to
owner or the scale of four metres to the centimetre, showing-
occupier of ., ,.
huttins (a) the manner in which the hutting graudd sbuldr.-
@~ma. be laid out, with the buildings or huts standingrinregular.
is1 ; %.N. Act 251 ~oimbatoreCity ~ u n i c i p a ~ 355
Corporation
to it,
(4) The said ,plan shall be considered by the commis-
sioner who may approve of it without modifications or
with such modifications as he thinks fit and the said plan
as approved by the commissioner shall be deemed to be
the standard plan of the hutting ground.
302. (1) If, after the service of a notice under seztion Preparation
301, on the owner or occupier of any hutting ground- of standard
plan
commlssio ner
(a) such owner or occupier prefers for any reaqon to where
have a plan
- prepared for them by the commissioner; or owner-or
occupier
(b) such owner or occupier fails to comply within disaercc, ttc.
sixty days with such notice ; or
356 ~oimbatorecity ~ u n i ~ & t i [iyai :T.N. Act 3
Corporation
(c) such owner or occupier does not agree among
themselves in the preparation of a plan as required by such
notice, the commissioner shall cause the hutting ground to
be inspected by two persons appointed in that behalf, one
of whom shall be the health officer of the corporation or a
person holding. the diploma of Public Health or having
such other quahfication as may be prescribed by the council
in this behalf, and the other an engineer, and the commis-
sioner on receipt of their report shall cause a plan to be
prepared to the scale and sliowing the particulars prescribed
in the said section.
Pxohibition of 304. When a standard plan has been approved for any
build@ con- hutting ground under section 301 or section 302 no new
trary to Rtan- building or liut shall be erected and no addition shall be
dard plan, made to any building or hut in such hutting ground
unless the bcilding or hut or the portion to be added, as
the case may be, occupies a site, or portion of a site,
marked in t3.e standard plan as the site for building
or hht.
1981 :-T.N. Act 251 Coimbatore City M ~ i c i p a l 357
Corporation
305. (1) When a standard plan has been approved for pow
any hutting ground under section 301 or section 302, commis-
the commissioner may, at any time ,by notice, require the sionert0
require
owner or occupier of any building or hut in such hutting removalof
ground, which is not in'conformity with the standard plan, buildkg or
to remove the whole or any portion of such building hut nor in
or hut. ~ndbrmity
with
(2) When a building or hut or portion of a building or standard
hut has been removed in compliance with a requisition made plan*
unde- sub-section (I), the owner or occupier thereof shall be
entitled to receive from the municipal fund such compensa-
tion calculated according to the estimated value of the
structure removed, less the value of the materials, if the
owner or occupier elects to take these as the commissioner
may determine.
306. (1) The commissioner may at any time, by notice Power-of
require the owner or occupier of any hutting ground commls-
1 sioner to
for which a standard p h i 3-c- prepared under section ,,,ire
301 or secti~n302,- carrying out
of
(a) to construct the drains, privies, streets and other
passages, provide th.: means of lighting, water-supply and ments in
common bathing arrangements and carry out the other conf-fy
improvements shown in such plan, so far as may be with
practicable having rzgard to the existing arrangement of plan.standard
the huts, and
(b) if any tank, well or low land is shown in such
plans as to be conserved or filled up, to conserve or fill up
such tank, well or low land.
(2) Until such notice is complied with, the commis-
sioner may refuse to sanction the erection of a new building
or hut or the making of any additior, to any building or
hut in the hutting ground.
307. (1) If it appears to the commissioner that any hswaion
hutting- ground-
- report and
(a) by reason of the manner in which the buildings preparation
of standard
or huts are crowded together, or ~ l a nbv
(b) for any other reason, hea lthbtElcer
gnd engineer
is in such an unhealthy condition that the pract:dure provi- in
requiring
ded by the foregoing sections of this Chapter would be too
dilatory to meet the emergency he may, after giving notice
to .the owner or occupier of the hutting ground, cause the
hutting ground to be inspected by two persons appointed
358 Coimbatore City Municipal [I981 ;T.N. Act 25.
Cor~ora
t ion
(d) the tanks, wells and low lands which should 'be
filled up, ,. ./'
. .. *-
and shall also be kept open for the use of all the tenants
of the hutting ground :
Provided that, notwithstanding anything contained
in the Limitation Act, 1963 (Central Act 36 of 1963), no
use of any such street shall, by reason of any lapse of time,
be held to 2onfer a right of way on the public so as to
bring the street within the definition of a public street in
clauseL(33) of section 2.
364 Coimba tore City [1981: EN.Act25:
M~nicipalCorporatian
Bathing tbnauge. 318. The bathing arrangements and privy accommo-
merits and piivy dation in a huttiqg ground, which are shown in the standard
accommodation plan approved mder this Chapter for such hutting ground
in hutting groU-as being common to the use of all or some of the tenants'
nd as shown in of the hutting ground shall at all times be kept available
standard plan to
be kept open for for the use of slmh tenants :
use of tenants.
Provided that notwithstailding anything contained in
the Limitation Act, 1963 (Central Act 36 of 1963), if, at
any time the land on which any such bathing arrangements
or privy accommodation are provided ceases to form
part of such hutting ground, no such use shall, by reason
of any lapse of timz, be held to confer any right on any
person so as to prejudicially effect the rights of the ow1ler
of such land.
Owner of 319. (1) The owner of any land in a hutting ground, for
iand in which a standard plan has been approved under this Chapter
hutting shall maintain in proper order and repair, to the satisfac-
ground to tion of the commissioner such streets, passages, drains,
msintain
certain common bathing arrangements, common privy accom-
conveniences modation, means of lighting, means of water supply and
on his other works on the land as may be si~owcin the plan.
land.
(2) TI, rnmmissioner may,at any time, cause a notice
to be -5rved upon such owner requiring him so to maintain
such streets, passages, drains, common bathing arrange-
ments, common privy accommodation, means of lighting,
means of water-supply and other works :
Provided that any convenience made by the owner of a
building or hut for his own use shall, subject to such notice
as aforesaid, be maintained by him and not by the
owner of the hutting ground.
streets,
(b) all drains provided for the use of more than one land and
but ; and drains
shown in
(c) the common bathing arrangements, common standard
privies and means of lighting the hutting ground on such
land so far as the same are constructed in accordance
with the standard plan.
(2) The owner of any building or hut in sr -11 hutting
ground shall be deemed to be the occupier of-
(i) the land on which such building or hut stands;
(ii) the open space behind such building or hut which
appurtains thereto ; and
shall be final
CHAPTER XI,
- . --
. collection of water, or
,
quarry-hold, drain,cesspool, pit, water-course or any etc., awhich
and
regulatioa
(4 any land on which water may at any time rccu~of agriculture
mulate, is, or is 1ik:ely to become, a breeding place of withip
mosquitoes or in any otlier respect a nuisance, tlie com-
missioner may by notice require the owner or person
having control thereof to fill up, cover over, weed, stock
with larvicidal fish, treat with kerosene oil, d r ~ i nor drain
off the same in such manner and with such materials as
the commissioner shall direct, or to take such order with
the same for removing or abatins the nuisance as the
commissioner sha 11 direct.
(2) I f a person on whom a requisition is made under
sub-section (1) to fill up, cover over or drain off a well,
delivers to the commissioner, within the time fixed fog
372 Coimbatore City h h i c i p a f [I981 :*.N*Act a5
Corporat ion
compliance therewith, written objections to such req&
sition, the commissioner shall report such objections to
the standing committee and shall make further inquiiy
into the caso, and ha shall not institute any prosecution
tor failure to comply with such requisition except with
the approval of the standing committee but the c o d s -
sioner may, nevertheless, if he deems the execution of
ths work called for by such requisition to be of urgent
importance, proceed in accordance with section 471 %nd
pending the standing committee's disposal of the questlon
whether the said well shall be permanently filled up, covered
ovef or otherwise dealt with, may cause such well to be
seourely covered over so as to prevent the ingress of mos-
quitoes and in every such case the commissioner shall
determine, with the approval of the standing committee,
whether the expenses of any work already done as afore-
said shall be ps;id by the owner or by the commissioner
out of the municipal fund or shall be shared, and, if so,
in what proportions.
(3) On the report of the health otlicer that the culti-
vation of any Specified crop, or the use of any specified
maplure, or the irrigation of land in aty place within tlie
tlrnlts of the City is injuriaus to the public health, the
council may, with tht: previous sanctlon of the Govern-
ment, by publlc notice, regulate or prohibit the culti-
vation, 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 courye of husbandry admits of, compensation
shall be paid from the municipal fund to all persons inter-
I ested for any damage caused to them by such prohibition.
Power 10Order 334. (1) The commissioner may, by notice, require
of
insa4itary pri- the owner of or person having control over any pnvate
vate water- water-course, spring, tank, well or other place the water
course, spring, of which is used for drinking, bathing or washing clothes to
tank, wefl, etc., keep the same in gcod repair, to cleanse it in such manner as
used for the commissiooer may direct and to protect it from pollu-
drinking. tion caused by surface drainage or other matter in such
manner as may be provided in the notice.
(i) If the water of any private tank, well, or other
placer which is used for drinking, bathing or washing
clothw, as the case may be, is proved to the satisfaction
1981 :T.N. Act 251 Coimbatore City Municipal 373
Corporation
of the commissioner to b3 unfit for that purpose, the com-
missioner may, by notice, require the owner or persen
having control thereof to-
(a) refrain from using or permitting the use of such
water, or
(b) close or fill up such place or enclose it with a
substantial wall or fence.
or room*
(4) It shall be incumbent on every tenant, lodger,
or other inmate of a building or room, to vacate on being
required by the owner so to do in obedience to any re-
quisition made under sub-section (1).
General.
346. (1) When the commissione. takes down ally p o w of
building or part thereof or cuts down any tree or hedge commissioner
or shrub or part thereof or remove:: any fruit by virtue 'materials
0 Or gfl
of his powers under this Chapter or under section 471, dangerous of
the commissioner may sell the materials or things taken building
down or cut down or removed and shall in the case oftakendown,
sale apply the proceeds in or towards payment of the eft-
expenses incurred and pay any surplus accruing from such
sale to the owner or other person entitled thereto on
demand made within twelve months from the date of
sale. If no such demand is made such surplus shall be
forfeited to the corporation.
378 Coimhatore City Municipal [I981 :T.N. Act 25
CorporNtoS
Q If a h rasonabb h qw II rppesn tb. thr
commissioner that there ir no owner or occupier to whom
notice can be given under any section in this Chapter-he
may himself tak: such order with the pioperty mentioned
in such section, 3s may appear to him to be necessary and
may recover the expense incurred by selling such p
(not being land), or any portion thereof.
Limitation of 347. No person shali be entitled save as provided in
oompeasation. section 333 and 343 to compensation for any damages
sustained by reason of any action taken by a municipal
authority in pursuance of its powers under this Chapter.
CHAPTER XIII.
AND PEES.
LICENCES
General provisions as to licences.
Government 348. Nothing in this Act or in any rule, by-law or
and markat regulation made thereunder shall be construed as requiring
wmmittscsnot
to obtcrjn the taking out of any licence or the obtaining of any
licences and permission under this Act or any such rule, by-law or
permissions. regulation in respect of any place in the occupation or
under the control of the Government cir the Central
Government or of a market committee established or
deemed to be establishetl under the Tamil Nadu Agri-
cultural Produce hlarkels Act, 1959 (Tamil Nadu Act
23 of 1959), or in respect of any property h:longing to the
Government or the Central Governmeilt or to such market
committee.
Food establishments,
Prohibition 349. (1) No person shall without or otherwise than in
in respect of conformity with the terms of a licence granted by the
eating houses* commissioner in this behalf, keep any eating house, tea-
shop, coffee-house, cafe, restaurant, refreshment room,
or any place, where the public are admitted for the con-
sumption of any food or drink or any place where food
C , is sold or prepared for sale.
(2) The commissioner may at any time cancel or
suspend any licence granted under sub-section (I), if he
is of opinion that the premises covered there5y are not
kept in conformity with the conditions of such licence or
with the provisions of any by-law made under section
432 relating to such premises whether or not the licensee
i s prosecuted under this Act.
1981 :T.N. Act 251 C~imbatorrCity Municipal 379
Cerporaffola
(3) If, at any time before the sale has begun, the
amount due on account of the fee, together with the
expenses incurred in connection wlth the seizure, deten-
tion and proposed sale is tenderad to the ~ ~ m m i s s i o n ~ r
or other person authorised as aforesaid, the property
seized shall be forthwith released.
(4) If no such tender is made, the property or a
sufficient portion thereof may be sold and the proceeds
of the sale applied to the payment of-
(i ) the amount due on account d the fee ;
(ii) such peralty not exceeding the amount of
the fee as the commissioner may direct ; and
(iii) the expenses incurred in connection with the
seizure, detantio~ and sale.
(5) If, after making the payments referred to in
sub-section (4), there is any surplus sale proceeds or any
property remaining unsold, the same shall be paid or
delivered to the owner or other person entitled thereto.
Lice- for 358. (1) NO person shall open a new private cart-
vate cart- stand or continue to keep open a private cart-stand unless
stand. he obtains from ths commissioner a licence to do so.
(2) Application for such licence shall be made by
the owner of the place in respect of which the licence
I
is sought not less than forty-five and not more than ninety
days before the opening of such place as a cart-stand or
the commencement of the year for which the licence is
sought to be rexlewed, as the case may be.
(3) The commissioner shall, as regiirds privrrte
cart-stands already lawfully established and may, at h i 6
discretion as regards new private cart-stands, grant the
licence applied for subject to such regulations as to super-
vision and inspection and to such conditions as to con-
servancy as he may think proper or he may refuse to
grant any such licence for any new private cart-stand. The
commiac:oner may, at any time for breacb of the condi-
tims thereuf, suspend or cancel any licence which has
been granted under this section. The commissioner
may also modify the conditions of the licence to take
effect from a specified date :
Provided that the commissioner shall, before refusing
to grant or renew any such licence or suspending or
cancelling any suc3 licence for breach of the condition
thereof, give reasonable opportunity to the persons con-
cerned for making their representations.
and
(b) such particulars as to the power, machinerya' '
plant or premises as the council may require by by-laws-.
made in this behalf.
(3) The application in respect of matters specified;:
in clause (b) of sub-section (1) shall contain such 'parti&
culars as the council may require by by-laws. made in
this behalf'. - . <
.. ,:a
,-
(i) the adequacy of the provisic n fcr veoti!ati;Mi::
and light, *
J
- 9
I r
2 J-:?
'--
- 4
.. -. 7 -' .1
1981. : T.N. Act. 23j Coimbatore City 38'1
Municipal Corporalion
(ii) the sufficiency of the height and dimensions
of the rooms and doors,
(iii) the suitability of the exists to be used in
the case of fire, and
(iv) such other matters as may be prescribed
by rules made by the Gov$rnment, and
(b) shall consult and have due regard to the opinion
of the health officer as regards the suitability of the site
of the factory, workshop, work-place or premises or
building or hut or structure for the purpose specified in
the application.
Provision of 368. The council shall set apart places for use 'by tbi
plaocs fcrr public for bathing purposes and for washing animals.
bathing.and
for washing
annals,
Provision of . 369. (1) The co~nmissionermay construct or ~ptdviQ '
public bathing atad n~aintainpublic bathing-houses, public wash-housei
houses, or places for the washing of clothes and may chsrgeL8nd
Wash-houses, levy such r-nts and fees for the use of any such btithiq;
eto.
house, wash-house or place as the standing conhit-
may determine. Such rents and fees shall be ?ea59errl
able in the same manner as the property tax.
(2) I h e commissioner may farm out the colledtion
of such rents and fees for any period not exceedkg:.tbrb
years at a time on such terms and conditions as he may
think
. fit*
. ' " 4 .
..* , 1; .
(4) The council may fix the fee to be collected for &jh
. ,.,. , . .. . ~ I
379. (1) The c ~vncilinay provide placcs for use as public Pcwers of
mu nicip
act horjm
in reqhm
(2) The conlmissioner may i n F a y public market of public
charge and levy any one or more of the following fees at markets.
such rates as the standing committee may determine and
may place the collection of such fees mder the manage-
~ e noft such persons as may appear to him proper or
a y farm out such fees on such terms end subject to such
ademay k nfit-
(a) feea for the a= of fix fat ri&x t3, export
goods for sale, in such markets ; .
.. Explanation.-Thefees under this clause shall not be
levied unless the goods are actually brought into such
markets.
(b) fees for the use of shops, stalls, pens-or stands in
such markets ;
(c) fees on vehicles or pack-anim:nls carrying, or
on persons bringing goods for sale in such markets ;
(d) fees on animals brought for sale into, or sold in,
such markets ; and
. (e) licence fees on brokers, commission agents,
porters, weighmm and measurers practising their calling in
such markets.
(3) Such fees shall be recoverable in the same manner
as the property tax*
(4)The council may, with the sanction of the Govern.
merit, close any public market or part thereof.
(8 . .
t
380. (1) NO person shall, without the permission of the cornmi.-
commissioner, or if the fees have been farmed out, of the sioners
farmer, sell or expose for sale any,animal or article within control over
any public market. PU blic
market.
(2) Any person who contravenes sub-section (1) or any
condition of the licence or any regulation made under
section 388 or any by-law made under sectior. 4 ? ? or who
commits c i c f ~ ~ in ~ l t Payment of the fees leviable under
sac;t\on 37" tney n f k r tt1ri.e clear days' notice be summa-
rily rcl\\(lypJ t'+~n~\\ alsh nr:krket by any muncipal offier or
Iw;vlmt $\try \tssc or tenure which any person may
~ , m:\p ~hc tcrminntcd
~ ~ for such
~ period
r and from such
tllo c,,nrll~issiot\crrnny determine without prejudice
tor!the legal rights of the corporation h prosecute the person
394 coimbato& City ~ u n i & a l [i981 <N.'A a ~5
Corporation
or to recover the fees leviable under section 379 ma &
expenses if any, which the corporation may incur in such
removal.
Establish- 381. (1) The council shall determine whether the estab:
rnmt of lishment of new private markets for the sale of, or for thd
private
markets, purpose of exposing for sale, animals intenlded for human
food or any article of human food shall be permitted in the
City or any specified part of the City.
(2) (a) No person shall establish any new private
market without or otherwise than in conformity with .a
licence issued by the comrnissi~n~r1~7;ththe ~lnctionof the
standing committee which shall be guided in giving or
refusing sanction by the resolutlons of the council passed
under sub-section (1) ;
(b) Applicatiorrs for such licence shall be ;nade by
the owner of the place in respect of which the licence is
sought not less than forty-five and not more than nin~ty
days before such place is opeoed as a market. , I
384. When a licence granted under section 382 permits Licence fee
the levy of any fee or fees, of the oature specified in sub- for mivatc
section (2) of section 379 a fee not exceeding twenty-five markets.
per cent of the gross income of the owner from the market
in the preceding year shall be charged and levied by the
commissioner for such licence.
385. It shall not be lawful for any person to sell or expose Sale in
for sale any animal or article in any unlicensed pi; ..ate un1icer:;rd
market or on the streets or road margins. I;,; commis- private
sioner may seize the animal or article exposed for sale in market.
any unlicensed private market or the street or road margins
and produce the same before the court of competent juris-
diction.
386. The commissioner may,by notice, require the owner, powers d
occupier or farrner of any private market for the sale of commis-
any animal or article of food, to- sioner in
respa? of
private markets,
(a) construct approaches, entrances, passages, gates,
drains and cesspits for such market and provide it with I
--
.
- . ".- -..-
* -. . - -.---.--. -- . ---- - -.---. ,,-
of articles.
389. (1) The council may acquire the rights of any per- Acquisition
sod to hold private market iu any place and to levy fees ofrights
therein. The acquisition shall be made under the Land of private to ,
Acqusition Act, 1894 (Central Act I of 1894) and such rights hold primte
shall be deemed to be land for the purpose of that Act. markets.
."
It (4) In any legal proceedings, in respect of powers ..
I Litimsing
places for
disposal of
402. (1) KO new place for the disposal of the dead,,
whether public or private, shall be opened, formed, const-
1 dead. ructed or used unless a licence has been obtained from the
commissioner on application.
(2) Such application for a licence shall be accom'
panied by a plan of the place to be registered, showing
the locality, boundaries, and extent thereof, the name of
the owner or person or community interested thenia,
the system of management and such further particulars
as the commi~sionermay require.
(3) The commissioner may, with sanction of the
council--
(a) grant or refuse to grant a licence, or
(b) postpone the grant of a licence until his objec.
tions to the site have been removed or any paaicularr
called for by Ern have been fPmiehd,
Coimbatore City Municipal rt,I
Corpora:ion
k
403. (1) The council may, and shall if no sufficient Provision
I provision exists, provide places to be used as burial or burial and
burning grounds or crematoria, either within or with the burning ground
sanction of the Government without the limits of the City and crematoria
and may charge and levy rents and fees for the use thereof. within or
the
Ci y , by the
(2) If the corporation provides any such place without corp~ratioa
the limits of the City, all the provisions of this Act and
all by-laws framed under this Act for the management
af~such'placeswithin the City shall apply to such places
and all o3ences against such provisions or by-laws shall
be cognizable by the magistrate of the first class as if such
places were within the limits of the City.
404. (1) A book shall be kept at the municipal oflice Register of
registered,
in which the places registered, licensed or prolided under licensed and
$ection 401 or section 402 or section 403 and all such provided places
places registered, licensed, or provided before the commen- and prohibition
cemect of this Act, shall be recorded, and the plans of use of other
of such places shall be nled iu a u c L ;ace. places.
---
(3) Tde commissioner may direct the compulsory
notification by the owner or occupier of every house with-
in the City liruits, during such period and to such ~fficer
as the commissioner may, prescribe, of all deaths from or
occurrences in infectious disease in his house,
Power to order 414. (1) If, in the case of any person in a hospital,
removal w it appears to the officer-inchargc of it that such person is
1 patbn*s to
hospital. suffering from an infectious disease, or if, in the case of
any other person, it appears to the health officer or assis-
I tant health officer whether' on a certificate signed by a
'medical practitioner registered under the Tamil Nadu .
. ' , : Medid Registration Act, 1914 (Tamil Nadu 'Act IV of
'!
. r - .
j.
. .. .
I , #
...
(a) is without proper lodging or accommodation ': :
3 - . < '
or e ,"
>PI
. CLLM* --.- -- - -. .-. "
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1 I
~ ~ ~ t ~of ~ c 416. (1) ~If the comlnissioner is of opinion thst the
t i o
hlzs and sheds destruction of ?.ny hut or shed is necessary to pmvent
1 when necessary. the spread of any infectious dismte, he may, after giving
to the owner or occupier of such hut or shed such pmviqus
I
I notice of his intention as may, in the circumstanoes of the
I
case, appear to him reasonzblc, take mezsures for he.ving
suoh hut or shed and all the maierials thereof destroyed.
I
(2) Compensation shall b~ paid by the commissioner
to any purscbn who sustains substantial loss by tha
destruction of any such hut or shed; but except as so dowed
by the commissioner, no cl~irnfor compensation shall lie
for any loss or damage caused by any exercise of the power
conferred by this section.
provis~onof 417. (1) The commissioner may-
places for
,disinfectior (a) provide proper pkces with all necess8.r~ atten-
2nd power to dmts 2nd ~.pp,?ratus,for tne disinfeotion of conveyances,
destror i nfec- clothing, bedding or other zrticles which have been exposed
ted anic'es* to infections from any infectious disease, and
(b) cause conveyances, clothing, bedding or other
I
I artides brought for disfcctions to be disinfected free of
chr.rge of subject to such ch~rgesas may be approved by
1 'the standing committee.
(2) The commissioner shell from time to time notify
plrtces at which conveyance, clothing, bedding or ot,ber
artides which have been exposedtoinfection from any
infc ct~ousdisease shall be washed and disinfected and no
person shall wash or disinfect any such article at any
place not so notified. i
,'
buildings
building in which he knows or has reason to know that a
- person has been suffering from any infectious disease
until the health officer has granted a certificate that such
building or any part thereof may be re-occupied.
(2) orthe purpose of sub-section (1), the keeperdf a
hotel, lodging house or emigration depot shall be deemed
to let the same, or part of the same to any person accom-
modated therein, . .d
(2) A person shsn not permit any book whi& has been
taken from a public or circulating libram and is linde~&ibio
control, to be used hv any person whom he knoyq tp. be
suffering from anv infectious disease.
I - 1981 ToNo Act 2 q Coimbatore Citj Mzwicipal 409
g, Corporation
(3) A gerson s h d not return to any public or cir-
culating li rary any book which he knows to have been
exposed to infection from any infectious disease, or Permit
any such book which i s under his control to be so rerurned
but shall give notice to the commissioner that the books
have been so exposed ts infection, and the commissioner
shall cause the books to be disinfected and returned to the
library, or to be destroyed.
I
i
427. The corporation shall enforce vaccination throughout COPIPUISO~~
the City, and it may enforce re-vaccination throughout vaccination.
the City or in any part thereof, in respect of such
person to such extent, and in such manner as may be pres-
cribed. I
CHAPTER XV.
BY-LAWS
RULES, AND REGULATIONS,
Rules artd Schedules.
F'ower of 430. (1) The Government may make rules to carry out
G~vernmontto all or any of the purposes of this Act not inconsistent
r*es* therewith.
(2) In particular and without prejudice to the generality
of the forcgoifig power, such rules may-
(a) provide for all matters expressly required or
allowed by this Act to be prescribed;
(b) regulate or prohibit the moving of any resolution
or the making of any motion on, or the discussion of, any
matter unconnected with the municipal administration ;
(c) provide for the procedure to be followed at
meetings of the standing committee or any other committee
and for the conduct of business and the number of membeta
which shall form quorum at such meetings ;
(d) prescribe the accounts to be kept by the cor-
poration, the manner in which such accounts shall be
audited and published and the conditions under which
the rate-payers may appear before auditors, inspect books
and voushers and take exception to items entered therein
or emitted therefrom ;
?
(e) prescribe the forms of all registers, reports md
returns, the manner in which such registers shall be d- st
tained, the dates on which the reports and returns shall be , .3
made and the officers to whom they shill1 be sent ;
regulate the sharing between Ic ca 1 authcrities
including cantonments in the State of Tcmil Nzduof the . '
3
(6) for the rnaintaxince and protection of the ljgbting
system ;
0)(a) for the maintenance and protection of the
drainage system ; 4
-
416 Coimbntore city Municipal [I981 ;T. -& Act 25
Z o ~ ~ o rion
at
(28) for the enforcement of compllsory vaccination
or revaccbation ;
(29) for the prevention of outbreaks of fire ;
(30) for the prohibition and regulation of advertise-
ments :
(31) in general for sacuring cleanliness, safety and
order and the good government and well being of the City
and for carrying out all the purposes of this Act.
Power to give 433. By-laws with regard to the drainage of, and
retrospective supply of water to, buildings and water-closets, earth-
effect to certain closets, privies, ash-pits and cess-poois in connection with
by-laws. buildings and the keeping of water-closets supplied with
sufficient water for flushing may be made so as to affect
buildings esected before the passing of the by-laws or
Penalty for
the date of commencement of this Act .
434. In makingany by-laws undersection 432, the
oy-law s. coundl may, subject to the provisions of clausc (1) of
Article 20 of the Constitution, provide that a breach
thereof shall be punishable -
(a) with fine which may extend to one hundred
rupees and ia case of a continuing breach with fine which
may extend to twenty-five rupees for every day during
which the breach continues after conviction fox the finst
breach : or
(6) with fine which may extend to twenty rupees
for every day during which the breach continues after
receipt of notice -from the commissioner to discontinue
,.
soch breach.
Confirmation 435. No by-law made by the council under tbtr kit
of bydaws by shall have any validity unless and until it is sanctioned'
Governmt. by the Government. +
Conditions
prcoedent to
436. The power to make by-laws under this A& is
subject to the conditions- '~
'
makina of + *i I -e.-l
newspapers /
,,
. , ,' bglaws are for sale and. specify the place where apd the
person from whom and the price at w h i 4 they are
, .,.,.3, i . . obtainable.
(4) The commissioner shall publish lists of o&nces
and fines under this Act and the rules and bs-laws ma&,
under it and sha.11 cause printed copies thereof to be sold
to any applicant on payment of a fixed price.
%
~Y-QWS, rules clauses (b) and (c) of clause (10) and clause (It)] of
and regu1ao 432 shall be effixed at the entrances to, or elsewhere in the
t ions.
street, park or other places affected thereby b such
wnspicuous manner as the commissioner may deem best
calculated to give information to the persons such
place.
(2) Printed copies of other by-laws and of the rules
and regulations shall be nung up in some conspicuous
part of the municipal office. The commissioner shall &o
keep affixed in a like manner in places of public resort,
markets, slaughter-houses and other places affected thereby
copies of such portions of the rules, by-laws and regulations
as may relats to those places.
(3) No municipal officer or servant shall prevent
any person from inspecting at any reasonable time copies
- ?.. , + . - .SO exhibited.
/
r %
L
,, ._,
.a
b
> - .
b 4
-I , 1
421
445. (1) Every owner or person in-charge of any pen ,lty for
vehicle or animal liable to tax under section 142, who omission to
e a bill ti ke out licence
emits to obtain, within fifteen days of the s a ~ i c.f
on him, a liccnce under section 148 s5all on conviction, be for vehicle or
punished with fine not exceeding one hundred ruptes and animaj,
&all also pay the amount of the tax payable by Jlim in
respect of such vehicle or animal.
(2) On payment of such fine and tax and ,^
costs as may be awarded, such owner G r persc n- shr.11receive
a licence for the vehicle or animal in respect of wl~icbhe
&s k n f i n d and fcr the psriod during which he has
found to 'be in default.
(3) ~ h p;ovisions
c of this section shall apply to any
person who having compounded fur the payment ~f a
artain sum under section 145, fails to pay such sbm and
tb; amount due for a licynce, shall in such case be t a k ~ nas
the amount so compound.td for.
I
446, Any person who wilfi.ll~ Prewnts distraint penally for
or suffi:ient distraint of prcperty subject to distraint fcr wilfully
any tax due from him, shall c n conviction by a magiafrpte preventing
& liable to a fine not exceediilg twice the amc unt of the t.3 x dlstraint.
found to be due*
G
F
-.,---- "a7"r - I,
422 ~oimdaioreCity ~unic&irl +'
[Ill' ~Act'%&
k
Corporation .
(c) i s carried on or completed in contravealicn cb
any lawful order or ;.A,* V r ~ a ~ b Y ~ O V ~ S ~ ccntained
OB ia
this Act or in any rule or by-law made uoder it, or of any
direction or requisition lawfully given or made, or
if any alterations or additions required by any
notice issued under section 282 ar section 295 are not
duly made, ar
if any person to whom a direction is given by h e
commissioner to alter or demolish a building or well under
section 296 fails to obey such dii-ection, the o w m & $ h e
building or wzll or the said person, as the case may bea.
shall be liable on conviction to a fine which map extend ip
the case of rt well or hut to one hundred rupees and .inatbe
caw of any other building to one thousand rup02s,sad tp a
further fine which may extend in the case .of a well pg bhg -
to twenty rupees, and in the case of any other building40
two hundred rupees, for each day during which the offence
is pioved to have continued after the first day.
Notice to 448. (1) In the absence of a written contract to the
sanitary c~ntrary,every sanitary wcbrkcr employed by tbe corpor-
discharge, ation shall beentitled to one month's notice before discharge
or to one month's wages in lieu thereof, unless he is
ctnL.:rged. for misconduct or was engaged for a spwified
term and discharged at the end of it.
(2) Should any sanitary worker employed by the
oorpwation, in the absence of a written contract alltb~$jsin
him so to do, and without reasonable cause, risign b! is
employment or absent himself from his duties waout
giving one mmth's notice to the c~rpqration,or
or refuse to prform his duties, or any of them, he
lia 5le on conl.iction to a fine not exceeding fifty rupMs pg
to imprisonment which may extend to two mo*, '
Wrongh 1 , .
restraint of 449. Every person who prevents the commi&oner,
cm.~mission:r or any person to whom the commissioner ha
and his delegated his power from exercising his po
delegatcs.
1981 :T.N. Act 211 Coimbatore City Municipal 423
Corporatian
on any land or into any building shall be deemed to have
committed an offence under section 341 of the Indian
Penal Code (Central Act XLV of 1860).
450. If any person who is required 5y the provisions Penalty. for
of this Act or by any notice or other proceedi~gs issucd Snng
under this Act to furnish any information- information
or giving false
formation.
(a) omits to furnish it, or
(b) knowingly or negligently furnishes false informa -
tion, such person shall, on conviction, be punished with
h e not exceeding one hundred rupees.
CHAPTER XVII.
corporation,
4 24 ' Ceimbatore City Municipal [1%1 :T.N. Act 25
Corporation
(3) Every order of the commissione~or other
municipal authority refusing, suspending, cancelling or
modifying a licence or permission shall be in writing and
shall state the grounds on which it proceeds.
c0?!~ar4&12
Appeals. I
452. (1) An appeal shall lie to the standing committee Appeals from
or if no such committee has been constituted to the council commissioner
from- to standing
committee.
(a) any notice issued or other action taken or pro-
posed to be taken by the commissioner-
I
(i) under sections 162, 210, 218, 219, 220, 222,
223 (2)) 282, 296 (3). 327 (I), 328 (lj, ?33 (I), 334, 338,
343,353, 354 or 362 ;
457. Whenever under this Act or any rule, by-law or prmf of con.
regulation made under it the doing or the omitting to do sent ofmuni-
anything or the validity of anything d:pends upon the c i ~ aauthori-
l
ties or munici-
approval, sanction, consent, concurre..lce, declaration, pal cfscer.
opinion or satisfaction of-
(a) the council, a standing committee or the com-
missioner, or
(6) any municipal officer,
a written document signed in case (a) by the commissioner
and in case (b) by the said municipa-1officer, purporting
to convey or set forth such approval, sanction, consent,
concurrence, declaration, opinion or satisfaction, shall be
sufficient evidence thereof.
458. (1) Every licence, permission, notice, bill, schedule, Signature on
docurnents.
summons, warrant or other document which is required
by this Act or by any rule, by-1a.v or regulation made
under it to bear the signature of the commissioner or of
any municipal officer shall be deemed to be properly
signed if it bears a fascimile of the signature of the com-
missioner or of such municipal officer, as the - w e may be,
stamped thereupon.
%
*'.
**
.
*-
*
>:'
5 , I
h . C ^
i
r .
- - ,'I
Provided that-
?. '
expmly
(a) except when it is in this Act, otherwise
provided, no such entry shall be made between sunset 'and
sunrise ; -.- .- - -
I
g .I
, building or hut which is used as a dwelling-place, s h a
. .... - , so entered without the consent of the cccupier b w f ,
unless the said occupier has received at least twenty-four '
Y
$-
-"
--
F*"
P--- -I-- - - iAdr-* ..
mrr-ur *.
e- -
I
I981:T.N.Act25] Coimbatore City MuiqicQnl 433
Cor~ora
tion
(c) sufficient notice shall be in evexy case given
even when any premises may otherwise be entered without
notice, to enable the inmates of any apartment approoriated
to females to withdraw to some part of the premises where
their privacy may be preserved ;
( d ) due regard shall be paid, so far as rilay be com-
patible with the exigencies of the purpose of the entry,
to the social and religious usages of the occupants of the
premises.
468. (1) The commissioner or any pzrson authorised Power of
by him in this behalf may with or without assistants or ftn%
workmen enter on any land adjoining or within fifty meters adJaaent to
On
Relief to agents 477. (1) Where any person by reason of his receiving
dnd trustees. the rent of immovable property as agent, trustee, guardian,
I maaager or receiver or of his being agent, trustee, guardian,
manager or receiver for the person who would receive the
rent if the prope~tywas let to a tenant would under this
Act be bound, to discharge any obligation imposed by
this Act, or any rule, by-law, regidation or or&r made
under it for the discharge of which money is required,
he shall not be bound to discharge the obligation unlesr
1981 : T.N.Act 251 Coirnbatore City Municipal 43 7
Corporation
479. Where in any case not provided for in section 487 Determiaatioa
any municipal authority or any person is required by or by
under this Act or any rule, by-law, regulation or contract munsif of sums
made under it to pay any costs, damages, penalties,
compensations, charges, fees, rents, expenses, contributions,
or other sums referred to in section 478 the amount or
apportionment of the same shall, in case of dispute, be
ascertained and determined except as is otherwise provided
in section 202,416, 468 or 510 or in the Land Acquisition
.Act, 1894 (Central Act I of 1894) by thc district n ~ u n s i r
43 8 Caimbotore City Municipcll [I981 GToNoNct 25
p Corporatiorr
F---- - -
k
9 1981 : T.N. Act 251 Coimbat~reCity Municipal 439
I
r Corporation
Provisions regarding Muriicipal prosecu tiow,
L b
4"
484. Save as otherwise expressly provided in this Act, Period of
ri
F
no court shall take cognizance of any offence against any limitation for
of the provisions of this Act, or of any rrle, by-law, regula- making,
tion or order made under it, unless complaint is made complaints.
within si-r months from the commission of the offence,
by the police or the conrmissioner or bl a person
suthorised in this lahalf hv the covrncil or the standing
committee or r he commissioner:
Provided that failure to take out a lice&, obtain
permission or secure registration under this Act shall,
for the purposes of this section be deemed a continuin
offence until the expiration of the period, if any, for whici?
the licence, permission, or registration is required, and if
no period is specified, complaint may be made at any time
within twelve months from the commencement of the
offence.
cognizance of
485. All offences against this Act, or against any rule, oEe,,,8
by-law, regulation or order made under it whether
committed within or without the City, shall be cognizable
by a judicial magistrate having jurisdiction in the City
and such judicial magistrate shall not be deemed to b i
incapable of taking cognizance of any such offence
by reason only of his being liable to pay any municipal .
rate or other tax or of his being benefited by the municipal
fund.
486. (I) If any fine, costs, tax or other sum of money ~~prisonment
imposed, assessed or recoxjerable by a magistrate under this in defaulc of
Act or under any rule, by-law or regulation n,ade under it. Payment and
,,, *,
shall not be paid. the magistrate may order the offender application of
to be imprisoned in default of payment subject to all the
limitations and conditions imposed in sections
64 to 70 (both inclusive) of the Indian Penal Code (Central
Act XLV of 1860).
(2) Any fine, costs, tax or other sum imposed,
assessed or recoverable by a magistrate under this Act,
or any rule, by-law or regulation made thereunder shall be
recoverable by such magistrate, as if it were a fine impoced
u&r the Code of Criminal Procedure, 1973 (Central Act 2
of 1974), and the same shall, except in the case of a fine,
on recovery be paid to the corporation to be applied. to the
purposes of this Act.
---
440 C~infi~ror2
Ci@ +.lli&&~I
w-
PeYment of 487. If, on account of aay act or nmission, any person
for
municipal r
Corn nsation has b s n c01,victed of a n offence ag3inst the provisions
amagepro- of t1Gs Act or against any rule, by-law or regulation made
under it and by reason of such act or omission,
pert$'.
damage has been caused to any property owned or vested
in the corporation, tlle said person shall pay compensation
for such damage, notwithstanding any punishment to which
he may have been sentenced for the said offence. In the
e amount ot coinpen: ation payable by the
event of disp ~ t the
said person shall be determined 5y the magistrate before
whom t e wa; convicted of the said offence on application
made to him for the purpose by the commissioner not
later than t h e e months from the date of conviction;
and, in default of payment of the amount of compensation
so determine& it shall be recovered under P. warrant from
the said magistrate as if it were a fine inflicted by him on
the person liable therefor.
Legal proceedings in general.
~ecoveryof tax 488. Not bing herein contained shall preclude the
etc.3 by suit- corporation from suhp in a civil court for the recovery
1 of any tax, duty or other amount due under this Act.
Instf t ution of 489. (1) No suit for damagcs or compensation shall
suits against be instituted against the corporation or any municipal
lounicipa' authority, officer or servant, or any person acting under the
authorities,
0Ec-r~ and direction of the same, in respect of any act done or purport-
agents. ing to be done in pursuance or in execution or intended
execution of this Act or any rule, by-law, regulation or
order made under it or in respect of any alleged neglect
or dtr..*llt in execution of this Act or any rule, by-la-
. , ~jgulationor order made under it until the expiration of two
. months after a notice has been so delivered or left at the
_ ., . municipal office or at the place of abode of such offier,
servant or person, stating the cause of action, the relief
sought and the name a ~ the d place of abode of the intending
plaintiff, and tbe plaint shall contain a statement that such
notice has been so delivered or left.
12 WGJ% u ~ p i l t p ,
AM and unless the Gove:~mment otherwise direct- town", etc.
"municiFal
I r$%
Collector. /' +
i
.
.
,
"i
:9
!$$
8. All meetings of the council shall be open'' to the.p1iblio"@6v&& "9% '^ . :;
%
.
b.".
$
pr,
,hat the Mayor, Deputy hlayor oi &resididgiii&inlier *'ijhziy' & r e d f a .:3
ihe public generally or any particular person shall witEdraw.,-:'':: * ,IF:%
4.1:
.v
-4
. - - ." -
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-T7=
9
14. The commissioner may grant copies of tub proceedings and
records ' of the council and the standing committee on payment of such
i
' .fees as the council may by general or special order determine. Copies
8hall be certified by the commissioner as provided in section 76 of the
I
125-12-2%
8 5
(ii) the name of th; division and of the street, if any, in which it
is situated and any survey or other number which it bears ;
' . "
(iii) the name of the owner ;
,1 ;.I
en-.
.5. A ,general revisid; of t&. apeSsment;,bd&s. ~ ~ 1pg+ 1%jg,y
.the
...i
commissioner once in every.,five years ;. ., aqd fpr :this pwpos+the
missioner may, with the approval of the counci1,arrange the di~isions
of the City in such groups as qay be considered necessary an# regqe the
assessment books relating to each such group by rotation once tn every
five years : !r a i
(a) specifying the time when and the plar4 %$ere the books may
be i~spected; and
PART111.
.
*
~ s s e sfigen
s t for pr~fession-tax;
- -__
-.-
(See section 133.)
17. (1) Persons shall be assessed by the commissioner to
taa under the foIlowin~classeson a scale to' be determined
from time to t h e :
.,
- Provided that such scale shall be subject to the maximu
against each class : ~ *
h-9
G3
P - -
1981 :T. N. Act 251 Coimbatore City Municipal 457
Cotpotation
Provided further that the proportion which the tax on any class
bears to the minimum incoine of that c!ass shall in no case be smaller
than the proportion which the tax on any lower class bears to the minimum
ncome of such lower class :-
Maximum
Class, Half-yearly income. half-yearly
tax,
RS. Po
(2) The counzil may exempt any on(: or more of the classes in
sub-rule (1) from the liability to profession-tax, but no class shall be
exempted from liability when any lower class is liable to tax.
18. (1) If, in the opinion of the commissioner, profession-tax is or
will be due for any half-year from any person other than a person in res-
pect of whom the comm;ssioner obtains to his satisfaction particulars of
income under section 139, he shall serve a notice on such person either
in that half-year or in the succeeding half-year requiring him to furnish
within such period. not being less than thirty days as may be specified in
the notice a return showing the income on the basis of which according
to such person, he is lirble to be assessed to profession-tax for the half-
year in question. Thereupon it shall be open to such person to submit
a return showing the income derived by him during the half-year for
which profession-tax is claimed or during the previous half-year ind
produce any evidence on which the person may rely in support of the
return made,
458 ' Coimbatore City Munlctpal [I981 .: 'PhNa14c#:S
Co~poration
-
(2) If a return as required under sub-rule (I) or, a, list. with the
statement as required by szction 139 is furnished and the commiss~ne~
is satisfied that it is correct and complete, he shall levy the prof'tcm
tax from the person liable to be assessed on the basis of such return
statement.
Explanation.--If a person produces the notice of demand of in-
ax served on him under the Income-tax Act, 1961 (Central Act 43 of
1961) for the year comprising the half-year in question, the commissioner
shall be bound to take one-half of the income mentioned in such notice
of demand as income derived from the source on which profession tax
is leviable under this Act, as the income on the sad sources for the
purposes of levying profession tax.
(3) If no return as required under sub-rule (1) is furnished, or ff
the commissioner is satisfied tbat any return fv~nishedis incorrect or
incomplete,he shall assip to the person the class in the scale appropriate
to the half-yearly mncon Le of such person as estimated by him.
(4) The commissioner may, when classifying any person under
sub-rule (9,do so on general considerations with reference to the nature
and reputed value of tne business transacted, the size and rental 9f
zesidential business premises, the quantity and number of articles dealt
with the number of persons employed and the income-tax paid to the
Central Governmeat.
(5) The commissioner shell not be entitled to call for the accoantl
of any person.
PARTIV.
Tux on currhges axd mima~s.
(See section 142.)
19. (1) The tax on carsiages 2nd animals shall be levied fit rates mt
the fcllowing : -
Ma-
Descr[ption of carriage or animal. W~-YP~V&
tax.
(1) (2)
RS*
For every four-whe~lec'vehicle with springs or other
.. ..
appliances acting as springs constructed to be
drawn by onit or rnore animals
For every two-whedd vehicle with springs or other
appliances acting as spr:ngs constructed to be
drawn by one or more animals ..
Maximum
Descriptiofi of carriage or animal. Hdfyearly
J?oiperambulator .. ... .. .. ..
For cycle rickshaw .. he .. .. ..
For harid-'&rt!with spiingi or oiher a'pplimcesacting
PS sirings .. .. .. .. .. .A.
For elephant .. .. . . . .. ..
For camel .. .. .. . . *. .
For horse or mule not under 12 hands .. ..
i7Cr bullbck or :. . .. . .. . .
.
For horse or riziile uiider 12 hzinUs . . .. .
For le buffalo .. . .. .. . .
. .. .. ..
@
. .. .. .. .. 4
2
" -. , Airy assess& who is dissatisfied with the assessment of airy tax
-20.
q@r.this ~ c~ th c than r propiity tax tnd the transfer duty may &ah8
an a p p l i ~ t i ~innwriting 'lo the commissioner for the refrision*ofm h
as&srn&t stating the grounds 'tf &is objection ;hereto,
460 Coimbatore City M~licipal ' [I981 :T.N. Act 25
Corjoratiol:
21. No application for mvision wder rule 20 shr.11 be admitted unles8
the application has reached the municipal office in the case of profession
tax, within fifteen days from the date of service of the notice prescribed
by sectioo 136 and in the case of any other tax within seven days from tbe
date of demand provided that the commissioner may, if he thinks flt,
extend the period within which notice of objectioq sbould be delivered
to a period not exceediag one month.
22. (1) All such applications and all petitions under rule 7.9 or 10
shall be enteled in a register to be msintained for the purpose; and on
receipt of any application or petition, notice shall be given to the a p l i -
cant or petitioner of a time and plecc P & which his application or petition
will be considered.
(2) At the said tine and place the commissioner shall hear the
objection in the presence of the objector or his agent if he appears or
may for reascnable cause acljcum the investigation.
(1) When the objection has been determined, tha order pssed
shall be recorded in ths. said register together with the &te of subh order
and communicated to the objstor or his agent by registend post.
the Uommissioner unde~sub-rule (3) of rule 22, he may; wit 'n' Bfteen
days from the date on which ssrch order wt.s received by him, appeal
&
23. (1) Where an objector is dissatisfied with the order ~ s s e dby
I
27. The assessment or demand of any tax w h e n ~ ,apgl@,tion
~o or
.appeal is.made as hereinbehe provi&d .&and when.sueh anr.)plicadon
,or ippeal b inade, the ord& passed l P Y ths~miniigi6i,,$* 3TQ13
of,&e Taxation Appeals Commitlee.or tfie Fad$di&+i&i: by'.tpe*. 1 Yg 'pt
court on the appeal, as the case may be, 66aI1 be f i d : ' * '
]Providedthat where auy assessment or demand is not in accoldance
I. witb the assessment books, nothing in this rule shall bcdeemcd.t&pr&@it
a fresh assessment or demand of the tax beinginade in:a&ubfhete-
with.
, P@T VI.
Collection of taxes.
Gee- secg.on 169,)
32. Tne distress shall not be excessive, that is to say, the property
distrained shall be as nearly as possible equal in value to the tax due by
the defaulter, together with all expenses incideiltal to the warrant, distraint,
detention and sale.
33. (1) Ii che amouct due by the defaulter on account of the tax, the
warrant fee and distraint fee and the expenses incidental t o the detention
of tne property are aot paio within tne period of seven days mentioned
in the notlce given under rule 31 and if tne dictraint warrant IS not sus-
penaecr by the comm~ssioner,tne property seizea or a suffiient portion
thereof, shaU be sold by public auction unaer thc: oruers of the corn-
mis~ioaer who snall apply tne proceed of t ae sale to the payment 'of
the alxount due on accou ~t of the tax, the warrant fee ana the distrdint
fee enci tbe expuses inciue~talto the detention and sale of the property
and shall return to the persoE in whose possession the property was
at the time of seizure ariy property or sum which may remain after the
sale and the application af the proceeds thereof as aforesaid if appi-
cation is made by such person within twelve months from the aate of the
sale. If no such epplication is made, the property or sum so remain ing
snall be foxfeited to the corpcratio~. If the prcceeds of the salt a r ~
insuffisient for the payment of the amount due cn account of the tax
t'le warrant fee ana ciistrrcint fee and tnc expenses inadeatsl to the
detention and sale of the property the commissioner may again proceed
undet rules 29 and 30 in respect of the sum remaining unpaid.
(2) When the property seized is perishable or subject to speedy
and natural decay or if the expense of keeping it w~ll,together with the
amount, of the tax due, exceca the value of the property, the commiss-
ioner inay sell it at any time before the expiry of the said period of
s even days unless the amount due is sooner paid.
~oimbatoreCity ~ ~ n i c i p a i
Corporation
34. (a) Fees shall be levied on distraints under this Act with reference
to the amount due for which the distraint is made and according to the
rates specified in the following table :-
Sum distrainedfor. Fees*
.(e) For the purpose of action under rule 30.110 special order in
II '&&ting of the.dommissioner shall be required but if the public seivatit
to whom the warrant is addressed charges any subordinate ...with the
execution he shall furnish such subordinate with a special 'order in
writing to that effect.and such subordinate shall then have authority ..
to-take action' under the rule.
.. ..
\
/ ,I -
(g) It shall be unlawful for such-public-servanthimself or for any
persh subordinate 'to bim to purchase directly or indirectly any pro-
perty
- ,
at any such
L ,.
sale.. t
.- - . .. - ,
,-
such person has left India or cannot be found, the said tax or such part
thereof as remains unpaid together with all sums payable in connection
therewith shall be recoverable as if it were an arrear of land revenue.
38. (1) Every person who is prosecuted under sub-rule (2) of rule 29
'
shall be liable on proof to the sdtisfaciion of the magistrate that he
wilfully omitted to pay the a m o u ~ tdue by him to pay a fine not exceed-
ing twice the amount which may bz aue by him on account of-
(b) if distraint has taken place, the distraint fee and the expenses
incidental to the detention and sale, if any, of the property distxained.
(2) Whenever any persofi is convicted of an offence under sub-
rule (I), the magistrate shellin irdditi~n
to any fine which may bt imposed
recove1 summarily and pay over to the corporation, the amounts, if any,
dbe under the heads specifled in clauses (a) and (b) of sub-rule (lj,
and. may, in his discretion also, recovet summarily and pay tc the cop
porr tion such amount,if any, 3s he may fir as the costs ofthe prosecution.
39. Neither the commissioner nor any municipal officer or servant
shall directly or indirectly purchase any property pt any sale of dist ainea
property held under the foregoing rules.
' '40. In these rules the expression "tax " includes payrnems due by
way of composition for a tax.
9
-;
x
C . Medical KelieJ
jix) opening an d maintenance of infectious diseases b p ~
(X) Opening and maintenance of tuberculosis clinics,
1981::T.N. Act 251 Coimbatore City M~nicipalCorporation 473
I). Pul,lfc Amentfbes.
Provided that only bus routes shall be classified as *' main roads **,
all. other roads being classified as " sub-roads ".
(xxv) Purchase and maintenance of stcamOjnd motor road roue81
and lorries and maintenance of a central Asphalt Plant.
6
I ,n
474
. Coimbatorc Ci~yMunicipal Corpord tion [I981 :T.N.Aqt25
'k
10. All moneys received bg the corporation shall be lodged in tbe
State Bank of India or with the sanction of the Government in any oth&
bank and shall be credited to an account entitled the " Municipal Fund
Account " ; . . '. -., /*
Provided that any such moneys may with the sanction of the Govern-
ment-
(i) be invested in any of the securities specified in section 20 of the
Indian Trusts Act, 1882 (Central Act I1 of'1882) or in any other security
a which may be approved by the Government ; or +
, .
L (2) If, the council shall have given previous authority in writing
such bank may at once pay out of the municipal fund without srch order
or cheque apy expense which the Government have incurred on behalf
of the corporation.
12, Tkt pjmezt o i any sum ant of the municipal fund may be made
authorised by the commissioner if such sum is covered by a budget-
grant and a sufficient balance of such budget-grant is available.
13. The payment of any sum out of th: municipal fund may be made
or authorised by the commissioner in the absence of budget provision
. in the case of-
(a) refunds of taxes and other moneys authorised by law, rule,
by-law or regulation ;
(b) repayments of moneys belonging to contractors or other
'
. ,. Cf) any sum which the commissioner is required by law, rule, by-law
:, or regulation,to pay by way of compensation or expel~ses;
the salary payable to a special health officer appoiated under
@)
section 111 i and
(h) r xpenscs incurred by the commissioner under su b-section (3)
of section 415 and expenses lawfully incurred in anticipation of recoup-
ment-from a person liable under sny provision of lsw :
Provided that the conlmissioner shall fort hwjth communicate the
circumstances to the standing committee which shall take any action
that may in the circumstances be necessary or expedient to cover any
' expenditure not covered by a budget-grant. I
PART111,
Audit, Surcharge and DisaZZo nlance,
14. The auditors appointed under. section 171 shall naintain and
keep a continvous audit of the municipal acbcounts.
476 Coimbatore City Municigal [1981+:-nN.
!&!dt125 4
Corporation
15. ( I) The commissioner7shall submit allivccount~
to the audit1ws as required by them.
(2) The commissioner shall make ready the.aamal
a ccounts and rzgisters and produce them before the audi-
tors for scrutiny not latnr than the first .day of Ju$$n the
year suceeding that to which such mounts m d registers
relate.
16. The auditors may-
(a) by summons in writing require the rpltbdrrctio~
of any document, the perusal or examination of'Cwhich
they belieJe necessary for the elucidation of the accounts;
(b) by summons in writing require a4y { ~ r r o n
having the custody or control of any such documeat or
accountable for it to appear in person befors t h m ; and
( c ) require any person so appearing to makb .sad
sign a declaration with respe~tto such document' of Yo
answer any q u a tion or to prepare anti furnish any sttgee-
ment relating thereto.
17. The auditors shall--
(a) report to the standing commi'tee any material
impropriety or irregularity which they may ' o l j s in~ the
expenditure, or in the recovery of moneys diett&me
corpora' ion (ain the municipal accounts ;
(b) furnish to tbe standing committee such infor-
mapion as the said committee may require wncerningrtb~
progress of their audit;
c report to the standing committee~any.4ass.or
'2
waste o money or other property owned by or vastid in
ths council caused by neglect or misconduct, -with the
names of pe sons dir ;ctly or indirectly re~po~~sible, fop
such loss or waste ;and
(d) submit to the standing committee a final state-
ment of the &!lit and a ddplicate copy thzrecf to the
Government within a period of three mmths. ftbm *the
end of the financial year, or within sush other periodf ps
the Governmen{may notify.
18. (1) The commissioner shall forthwith remedy
any defects or irregularities that may be pointed out by
the auditors and se ld a report of the same to the standing
committee which shall forward the report to tit? ~ouncjl.
(2) The council shall forward its remarks on thl: eudit repcrt,
if any, to the Governmtnt through the Examiner of Local Fund
Accounts within six months after the r rctip~of the report by the
COURCI~.
19. Copies of all correspondence addressed to or by the standing
committee or its chairman-
(a) on all matters falling within the scope of rules 17 and 18
md;
(b) on such ather matters of importance as the commis~ioner
mqx from time to time determine, shall be sent simaltaneouslv to
the..cpmmissioner by the auditors or by the chairman of the standing
committee, as the case may be.
20; .(I) The auditors may disallow every item contrary to 1r.w and
surcharge the same on the person making or aulhorising the making of
the illegal payment ;and may charge against any person resp(jnslble
therefor the amount of any deficiency or loss incurred by the ne@igence
or misconfi.uct of that person or of any sum which ought to have been
but is not brought into account by that person and shall, in every such
case, certify the amount due from such person.
Explanation.--It shall not be open to any person whose negligen-
or misconduct has caused or contributed to any such deficiency or
los, to codend that notwithstanding his negligence or misconduct the
deficiency or loss would not have occurred but for the negligence or
misconduct of some other person.
(2) The auditors shall state in writing the reasons for their decision
in respect of every disallowance, surcharge or charge and furnish by regis-
tered post a copy thereof to the psrson against whom it is made.
(3) If the person to whom a copy cf the auditors' decision is so
furnished refuses to receive it, he shall nevertlzckss be deemed to habe
been duly furnished with a copy of such decision within the meaning of
sub-rule (2), the period of fourteen days fixed in rules 21 and 22 shall be
calcu;ated from the date of such refusal.
.
21. (1) Any person aggrieved .by disallovlance, surcharge or charge
made may, within fourteen days after he has received or been served
with the decision of the auditor, either-
(a) apply to the District Judge in the City :o set aside such dis-
allowance, surcharge or charge and the court, after taking such evidence
as is necessary may cc811firrn,modify or remit such disallowance, surcharge
or .chacge with such orders as to costs as i: may think proper in the
circumstances ; or
' * # / .
r
(b) in lieu of such application appeal to the Government who -
shall pass such orders as they think fit. . .
,. -
22. Every s-urncertifizd to bs due from any person by auditors 'under
this Act 'shall be p8id by such person to the commissioner within fduiteqn
days after the intimation to him of the decision of the auditors unbd~:*'
within that tima such pzrson has appealed to thecourt or to the ~ k e r n -
meht against'tli- dicision: and such Sum if not so paid, or such sub as
t& court or ths Governllient sl~alldeclare to be due, shall be recoverable
on an application mads by t h ~commissioner to the court in the sine
way as an amount decreed by the court. )
PARTIV.
Form of Accounts. .
- Arraqk-Manufacturing.
Articles maae of flour--Baking, preparing, keeping or stodqg. for ..%
,
human consumption (for other than domestic use).
.Ashes-Storing, packing, pressing, cleansing, preparing or man* .
turing by any process whatever, dumping, or siftin&. a
_C_____.l.C.I.- *
. . . - .
i%8i T~N.AA 251 ~oimbatoricity ~ u n i c i h iCorporation 479'
Hay--Selling or storing.
H e m e t o r i n g , packing, pressing, cleansing, preparing or manu-
facturing by any process whatever.
Hides-Storing, packing, pressing, cleansing, preparing or manu-
facturing by any process whatever.
Hoofs-Storing, packing, pressing, cleansin~g,preparing or manufac-
turing by any process whatever.
Horns-Storing, packing, pressing, cleansing, preparing or manu-
acturing by any process whatever.
Ice-Manufacturing, storing or selling.
Ice Articles-Maldactured out of ice or in the mufacture o
which ice forms the main ingredient-stor age or sale.
Jaggery--Selling wholesale or retail, storing for wholesale or reta
trade, packing, pressing, cleansing, preparing or mmufacturing by .any
process whatever.
'
Jute-Storing, packing, pressing, cleansing, preparing or manuf'c-
turing by any process whatever.
Kathi-Preparing.
Keeping a shaving or hair-dressing saloon.
Keeping together pigs or twenty or more sheep or goats or ten
more head of cattle.
-- --.- -
I
I
h-Stor;ng, packing, pressing, cleansing, preparing or manufac
turing by a q process whatever.
Lead-Me1 ting.
$
Metals-Beating, breaking, digging, hammering, casting, etc.
!
f
j
Mineral oil-Storing and selling (wholesale or retail).
Nitro-cornpoundStoring, packing, press ing, cleansing, preparing
or manufacturing by any process whatever.
Nitro-@ycerineStoring, packing, pressmgg, cleansing, preparing or
i
8 manufacturing by any process whatever.
Nitro-mixture-Storing, packing, pressing, deansing, preparing or
i
manufacturing by any process whatever.
Offal-Storing, packing, pressing, cleansing, preparing or rnanufacc-
turing by any process whatever.
125-123'la
Oil--Storing, packing, pressing, cleansing, preparing or manufac-
uring by any process whatever or boiling.
;i
Oil cakesSelling wholesale or retail or storing for wholesale or retail e
trade. i
Ah
i
$;
' ;B
i
- ,Z
.:4.53
any process whatever* . *
a
j
Pulses and agricultl~mlproducts which are likely to attract rats- '
I Sago-Manufacturing or digtilling.
Saltpetre-Storing, packing, pressing, cleansing,
.
,<
?
preparing
A ,
t S t .
ever.
Coimbatore City Municipal Corporation [I981 :T.N. Act 25
SCHEDULE V.
ORDINARY PENALTIES,
(See section 441,)
Seciion Sub-section
or or Subject. Fine wlzich may be
rule. clause. imposed.
Fine which
Subject. may be
imposed.
street.
Failure to comply with requisition TWOhundred r u m .
to metal, etc., private street.
Bwilding wall or erecting fence, Two hundred rupeaa
etc., in a street or any public
place vested in the control of
the corpo -ation.
Allowing tiwrs, ground floor, Forty rupees.
V & ~ ~ = % ~ ; ; . , W O P ~ P ~ &
5F ?@
W:fs
Sub-section Subject. Fw
or which m y be
clause. imgosed*
(4)
(4)
Failure to comply with requisition Forty rupees for each
to demolish the same. day.
345 (1)
Allowing overcrowding in Fort1 rupees for ~ s c b
building after order to abate day.
the same.
Skc~bn Sub-section
or or
rule. clause.
(4)
licenced buri a1 or burning
-
Use or allowance of use of un One tboustind rupees.
ground.
, .
404 (4) Use or allowance ~f rise of tho TWOhundred rupees
unregister:d burial or burning
ground. ..
or article.
(2) Washing of infected articles at One hundred r
u m
unauthorised places.
.. Giving, lending, etc., of infected One hundrsd mpeq.
articles.
.. Infected person call^ ;.A, 011 Crib hundred rupees.
occupation.
(1) Entry of infected person hto One hw&a~ p o q *
pub Jic conveyanw, without
notifying fact of infection.
421 (1) Failure to disinfect public Cne hundred rupc+s.
conv :yance, etc.
42 1 (2) Using before obtaining certifi- One hundred rupees.
cate from h2alth officzr a
public cocveyance in which an
infected person tra {elled.
122 . L e t t / ~ or
g subletting of infected Four hundred rupees.
bluldlng wlthout certificate
1 from the health officer,
423 D I
Failure to close P~;.CC of public Four hundred rupees.
eotertainment.
424 Sending infected child to school. One hundred rupees
42 5 Use or permitting use Of book One hundred rupcea.
flom public or circulating
I!brary by infectcd person.
426 . Using water after prohi bit ion. One hurldred rupees,
4 28 . Failure to g i ~ information of One hundred rupeesa
smallpox,
429 Enteringcil~.within forty days Two hundred r u ~ e ~ ~
of varlolatron for small pox
without certificate.
440 v' Preventing of inspection of One hundred rupees.
copies of rules and by-laws
publicly exhibited.
440 (4) Destruction, etc., of board One hundred rumck
exhib~ting PI inted copies of
by-laws and rules.
451 (7) Failure to produce licence on Twenty rupees.
. request.
1981
- * , +
g T. N. Act 151 Coimboiore City Municf* 499
Corporatian
Section Sub -section Fine,
or'$ or Subject. which may be
Pule, cla~se, imgosed.
(1) (2) (3) (4)
455 Failure to comply with retluisi- Two hundred rupees.
tion to attend, produce
documents or to give evid~:nce.
465 (1) Failure
with ofr~qulrition
occupier to
to comply
Pelmit One
for hundred
each day. rupees
owner to comply with provi-
sions of Act.
ki
a. 467 Preventing the ~Ommissioner or One hundred rupee S
any person authorised by him
fro m exercising his powers of
entry, etc.
Obstructing or molesting council, Four hundred rupees,
standing committee, Mayor, etc.
530 Removing mark set UP for indi- Four hundredrupees@
eating level, etc.
Removal, etc. of notice exhibited One hundred rupees.
by or under orders of tho corpo-
ration or commissioner+
Unlawful removal Of eaith, sand Or One hundred rupees.
othermaterial from land vested
in the corporation or deposit
of matter or encroachment in or
on river estuary, etc.
schedule 111, rule 16 Failure to C O ~ P ~ with
Y requisi- '1wo hundred rupee4
tion by auditors to attend,
give evidence or produce
document.
SCHEDULE IV.
PENALTY FOR CONTINUING BREACHES.
(See sec lion 44 1)
Section Daily fi ue
or Subject. which may be
r~le ct ause. imposed.
(3) (4)
..
(1) (2)
154 Erecting, exhibiting, fixing,
retaining or displaying adver-
tisemert without the written
permission of the commi-
A l l o h pub& latrine to be in an
unclean condition or impropef .
order. -
' i 't
9 f i.t<Ph, ,,
Paiirre to comply with requisition' mpoor: &.
3
3dw wit2fi.a axa sli-rtt ~ w 6
or building rine without per.
mission*
Failure to provide streets or macis
on building sites prior to di.8-
&,
. a
X I
poaaL
,*
< s:.,
-. --- ___
334 . Fai1l.w to comply with requisition Twenty rupees. ,
to cleanse or close, etc., tank,
'well, stc., or other source of .:- t. j
z
. , -
~ o i & t t i r e ' ~ i tY
~ tmicipl Corporotfon &
11981 :'T*N;&~
DaUvfina .,*
Subject, which ttlcly be" ' & ' I
%
Imposed.
(31 (4) ,
SCHEDULE VIII.
(See section 512)
TRANSITIONAL PROVISIONS.
1. In &ese rules--
(i) "appointed date" means the date app l i ~ t e dunder sub-se~iofl
(3) of section 1;
(ii) ccGoimbatore Municipality" means the Coimbatore . ~ u a d .
pality constituted under the old Act and in existence on the appointed
date 4
(iii) "new Act" means the Coimbatore Municipal Couacil
(Appointment of Specirll Officer)Act, 1975 (Tamil Nadu Act 39 of 1975) ;
(iv) "old Act" means the Tamil Nadu District Municipalities
Act,p20,(Tamil Nadu-Act V_of 1920) ;
506 Coi,..$atore City Municipal Corporation [I981 :T.N. Act 25
(v) "Special Officer" means the officer appointed under the new
Act to exercise the powers and perform the functions of the Coimbatore
Municipal Council, its Ch.airman and of the Committees established or
constituted by or under the old Act and also to exercise all or any of the
powers and perform all or any ~f the fuuctions of the executive authority
or any other officer or authority under the old Act, which the State
Government may, by notification, specify.
2. Every local area which immediately before the appointed date was
constituted as the Coimbatore Municipality under the old Act shall be
deemed to be the City under this Act.
3. The Special Officer shall be deemed to be the person appointed
I
under sub-rule (a) of rule 4.
4. (a) After the constitution of the corporation, the Government
may, by notification, appoint a person who shall cause arrangemeflts
for elections to be conducted, so that the newly elected councillors may
come into office on a day within a '[period of three years] from the
date ofpitheappointment of such person and such person may exercise
t b powers and perform the functions of the corporation, of Mayor and
of the Committees established or constituted by or under this Act to
sach extent as may be determined by the Government :
.
%[providedthat the Government may, by notification,for sufficient
c a w , direct that the period specified in this sub-rule, be reduc& by;.
such period, not exceeding six months, as may be specified in iuch I'
notification.]
(b) On the appointment of the person under sub-rule (a), the
Special Officer appointed under the new Act and referred to in rule 3
cease to hold office.
- 4
* f , ' :
"Provided that the Gov~rnmentmay, by notification, extend +he said '
period-for a further period of not exceeding SIX months."
1981 :T.N. Act 251 Coimbatore City Munit ipal Corporation 507
.CYY.IPlrslLI.md.rULIl.LCI
PART I. I
PRELIMINARY
%
I . Strc~r:tifle r l l z d cor1zr17encerncnt.-(I) This Act may be callled the
Parnil N~ii:i Municipal Laws (Amendment) Act, 1985.
(2) !p $ball come into forcc at once. - 1
? 11
[ 1.i~j\rfi:!\~ i
,"\Id 1 (; 'Tf Pi/i;IDiZAS CITY MUNICIPAL
f i d
PARE:' 111.
DMENT TO THE, TAMIL NADU DISTRICT MUIVICI-
, PALITIES ACT, 1920.
'
Q'
stitution of section 73-A, Tamil RiatZu Act V of 1920.-For
73-A of the Tamil Nadu District ..i4unicipalities Act, 1920
Nadu Act V of 1920), the following section shaH be substitu-
t
" 73-A. Power, of State Government to rransfer uolyicers uncl
ts of milnicz~alities or corporafion.s.-(1) Notwithstanding
ed in this Act cr otlzcr l;:vi for the tjmc hcing
:!*?jr
te Goveri~ment.shall have power-
(a) tb transfer any officer or servant of a municipality :c, thz
ice of the Muni.cipd Corporation of -Madras constituted ljnder
adras City Miinicipal Corporation Act, 19i9 (Tamil Nadu. ~ c t
1919) or the hlunicipal Corporation of Madurai constituted
the Madurai City Municipal Corporation Act, 1971 (Tamil
Act 15 of 1971) or' the Municipal Corporation of Coimbi*tore
tuted under the Coimbatore Ci,ty Municipal Corporati,Jn Act,
Act 25 of 1981) or, any o~heg.punjcipalcorpora-
(ier a p l& fcr tlle'fin~cbeing in fcrce; or -
. ,, . - " .3., 2-.. - ' 7 '
A
oiiiccr or szr~aritor" any of the municipal
{!I,! i r ~; A a ~ ~ s : c r ,
corporatic n ~ ~ i ~ i l to ! clar~se(u), lo the service of any munici-
e ( ill
I : (I.
k -
corj?o~ cilion or m ~~niczpullties.-(I) Notw~'!?standing allything
~ x : Act or In any o t ! r~ l:?w for i k.' time being in force,
c ~ ~ ~ t n i I,?l ~ t:,is
;I:c (ic:~c\-*:rrlintshall I~avi:po.?ier- -
((1) to transfer ~tiicc:. c u servaril aE the corporation to
..
:.:? scr. icc c?!: t!?: ~M<~nrc::>;i!i'orpor:~.c.ii)j~of b!a:iras constitwlcd under
1'1;. > ! j ; ~ ~ i r ; ~Citv r ?.~:lj~ici~:;z!Cory?ratio:. Act. 1919 (Tamil Nadu Act.
i j i o f I ::11") or.' f.ilc ?,4~1nici~>n! Ci,rporai ion or Coimbatore constituted
I I , ~ ; ~ { L j,t ; ~ ~~. ' <
~) i t ~ l t : a t c i ; . ~ i i y ?+!~iiii!~il>iil Cos1x;iation Act, 1981 (Tamil
* r
,\,'ot;, . . ;,[ ..'\c: :l.:';
'
of I (38i ) or ail\/ c~!hcl- r:r:cnicipal corporation wnstituted
. e
:illc;c,. :it;y :!.:;vr : c x lhc ti111c ~ILSI~:!, j : i i.orce ; or
; to a i r : o f is \crva:l: oi
the Municipal
\ C, City h4uaicipal
~ n ~r :the
, ; h l a d < a s ~:~n~l:~li~e~l
,~t,~O < Madras
Cdrpordtrcq /\ct, 1910 (7 a17111 Nadu Act I V of 1919) or the Muni
+<'orroyatlc;n Coirnb~toreconctl:ri?cd undcr ti^: Coimbatore
& ~ ~ ? 1 ~Co:-poration
j ~ ~ ' Act. 1081 ('i'i7mil Nadu Act 25 of 1981)
nnp other municipal corporation constituted undcr any law for t
lime being in force, to tbc sclrvicc of the corporation ; or
(c) to transfer any officcr or servant of the corporation
the scrvicc of any municipality constituted under the Tamil Na
Z)jstrjct Niunicipalitics Act, 1920 (Tamil Nadu A c t V of 1920) ;0
( d ) to transfer any odiccr or servnn.t. of any mlnicipali~y
constituted under the Tamil Nadu Distiict Municipalities Act, 192i;l
(Taniil Nadu Act V of 1920), t.o the service of the corporation.'
Cbrpemrion Act, 1971 (Tamil Nadu Act 1.5 oL.)921j or any other
I * jr
- 7 . - x- z .v . - P A
nluniclpai cc~r!~orationcon:,tituted under any law for the time being in
t o t c ~ ,t c , i l ~ cscrvjcc cf tile corliora'ric>:l; or
{L') to tran.fel any vfi~ceror scrvant of the corporation b
tl;<: f;elvlct* OI lily ~ i t l n i c ~ ~ , , j l icon~,titlltctl
ty untlcr the Tamil Nadu
l ) ~ . iz"h~lili(
f~ j l : ~ l i t i l ' , /%it, 1920 (7:11~iilNadu / k t V of 1920); or
S. VADIVELU,
arzd Secretary to Government,
Cnr~zr7~issio1~e~
L m Departnzent.
the
- . - --
The following Act of the Tamil Nadu Legislature received the
assenl of the Governor on thc 8th February 1986 and is heieby
published for general information :-
S. VADIVELU,
and Secretary lo 'Govertinient,
Cornrnis~iorle~
f,a~v Deparznzenf. '
1 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 4 37
rrubly
j and
f 'l'he following Act of the T a d Nadu Legislative Assembly
riecived the assent of ihc Govcincr on the 27th November 1986
is hereby pilblish~d lor general informatiol~:-
I
I ACT N o 63 OF i9u.
1
I
1 thc
36.
1 1. Shorf title a d commencement.--(1) This Act may be caIled the
Coi~nbatoreCity Municipal Corporation (Second Amendment) Act,
1986.
,986.
~ j o on the 30th May
(2) It shall be deemed to have c ~ r n e ~ i i force
IL
taken under the principal Act, as amended by the said Ordinance, sh.\11
be deemed to lyvc been done or taken under the principal Act, as
amellded by this Act.
:tion
illal I (By or'der OF the Governor)
I ded
S. VAD,lVELU,
Con?;nis.rione~*ond Secretarmy lo Government,
Law Departmen f .
a TAMIL N A a u G o V E R N M m ' G A z a m E E x T u o R D r n A R % .dl
1
:
The following Act of the 'Jarnil, Nadu 1-qislative Assembly
received the assent of the Governor on the 27th November 1986 and
is hercby published for general information:-
!
i ACT N o . 65 OF 1986.
1I A H Ac, $n.rher to d imvs re1nlb1.g to Municipal
n ~ n e ~ lrhe Corporor bnons
arzd Mu~iic$alities.
II
1 BE it enacted by the Legislative Assembly o f t h e State of Tam1
I Nadu in the Thirty-seventh Year of the Republic of mdia as follows :-
1
'.
PRELIMINARY.
I
1. Short fit16 arid coi?zmencement.-(I) This Act may be called thc
Tamil Nadu Municipal Laws (Second Amedment) Act, 1986.
! (2) It shall be deemed to have come into force on the 1st Juni:
1986.
1
elnploycd in collt1cc:tion with thc corporation scllools sIlaI1 become I
i
.I ~ n e u tmay makc rules regulating the coaditiot~saf service of thc tcncl~ers
( i n c l ~ ~ dyi n heatlmaslers) and other persons refenad to ill sol)-section: :
\
i
..
(1). "-
. -
1 I
!
, .;,::d. PART'PI.
w . , ". .I . , . -
-. 4
. I '
'211)
. I?. (q) all , teachers
. , .
4.. f-d
igil;
-
,
. , . (including headmasters), and ,
..,, . ,. _
,
~ P A RXV.
T
, --4
<-
0 !?
.*... .
-
,
-
_
*:,q
.. .I
, -
. . , >
AKY TAMIL NAIYJ GOVERNMINI: GAZETTE EX'I'MONXNARV j
--A .
*
,
1
vicl: of (2) Notwithstanding anything contained in this Act and subject ;
rred to of Article 3 11 of the Constitution, the Government
to the provisio~~s
may make ruIes regula~ingthe conditions of service of the teachers
(including headmasters) and other persons referred to in sub-section
{ 1Jb7'.
1
PARTVI.
PROVISIOhrS IN RESPECT OF TOWNSHIP
SPI~C~J%L
SC I-TOOLS,
6. i7encher.s (in clutii,lg hendmu~tcrs) and other persons employed
in connection with the iownshlp scl~oolsto be Governmentservants.--
(I) Notwithstanding anything: contained in rile Mettur Township Act,
1940 (Tamil Nadu Act XI of 1940), the Courtailam Township Act,
1954 (Tamil Nadu Act XVI of 19541, the Bhavanisagar Township Act,
1954 (Tamil Nadu Act XXV of 1954) or in any other law for the tima
being in force, on and from the 1st June 1986,-
( 0 ) a11 teachers (including headmasters), and
(b) aII oflicers a n d servants of the townships;
employed in connection with the township schools shall bccomo
whole-time Government servants.
4,4b: T W l L NADU GOVERNMENT GAZETTE ES'PR.4ORl)INAttP
.
,
.... . -. ..
. . .
r
,I= A
J . * .
.. -.: . . ,
(By order of the G~vernor.) the
... . . -:,, here
m
S. VADIVELU,
i-,3- -.. . - -
f~:~j. r:. -
Cot~zmissi~ner
and Stlcrefary to Go vernnzel~t,
.('
.. Lav Department.
. I.
tural
Markr
Act, ;
Ii
PRELIMINARY.
1. Short rille and c'ornr~!encement.--
( 1) This Act may bc called . :
the Tamil Nadu Municipal Corporatioll Laws (Amendment) Act, 1
PART 11.
., PART IV. Th
** ' ,. . , . receivc
' AMENDMENT TO THE COIMBATORE ClTY MUNICIPAL is hert
CORPORATION ACT, 1981. *
~ words " within a period of six ycars ", the words " within a period
of seven years " sha:: he substituted. - BE it
in the
(By order of the Go\lernor)
'1.
* "
S . VADIVELU, 'the T
I.
cmd Secretary to C;or*e*t8nn?ent,
Cornn~is~sione,. J-i 987.
L...M., . . Law Departtnent.
2.
sectio
( Tarr
Act) :
the 7
mun
cuch
Rmrf
TAMIL NADU GOVERNMENT GAZErII'E EXTRAORDTNARY 9
<: - -
.- - - . -
'I'he rollo~vil~g -Act of t h ~Ta~nilhTncln T~cgislativcAsscinl~ly rcceive(1 thc
a s ~ l i tof thv ( : o r e ~ n o ~on' thc 25th F'c?l)ru;~rj-1959 and is hereby publislied
for- g m r ~ n linfo17mation :--
f o f i l e City lf?~)ticipizl
An i l ( t ro ) t ( t l l i ~..l/ecilll pt-oc*i.siort.$f o r holdirtg ~6t;ctio~ts
Co~.po~utions in the State of Tamil Aradu nltd further t o amend the Ta?~zil
Xndzi M,~~nic.ip~~l Corporation Laws.
J \ . T ~;1 ~p o~l i ~ ydccision
~ \ ~ has been take11 I)y the State Government
tllilt t l ~ ccl(~ctiolls10 tllc hIunicipa1 Corporations of Madras, Madnrai arid
('oi11111:1Iol~o i l l / I ( 11(,1(1 (Itlraing 13p~nil-AIay-1 989 ;
11
PART 11.
Sl'EC~lAL PROVISIOXS.
t' t 1 1: 1 1 c t l t 1 1 1 \ 1 0 1
1 .\Il l l l i ( . i l ) ; t l ( ' o l ' l ~ o ~ . ; ~01
t i (-\ii\(\Y;l\,
~l~~ ~ladllriliand Llections to the
I I I I I I 4 1 , i l l 11, I I ( ltl , 1 1 1 1 ,1112 Ap~.il-Sli~\19, ), (111 ,11(.11 ~Latc~ 01. (I;~t~lh
a ! ~ M~lnicipal
: : I ] Ft;lt(> i : o i ( ~ ~ ~ , ,*liar ~ i t (s~p~~t ~ i finy this behalf, .,nd for the pnrpose of ~!'f$'$~~~s
Ilolciiog ~ I I 11( (>I( (~:!011~,the t lt ctoral rolls shall, 11ot\ itlistanding anything to Medurai and
II I r 1 I : I i I i t ,11111i1i O I O t , I I , Coimbato~.
I 1113 11, i t 111 ~ a : t i ( 'il y 11l t ~ l i ( ~ i l ,(,'ol.l)orati~~~
;~[ A('t, 1971 and the Colmhatore City
, +. Jlt:~~ici;)i\l ~ ~ 1981, be prepared ill accordance with the provi-
C o r p o r i ~ t i oAct,
\iori~ol' 5111j se(,Lio~~ , ( 2 ) ~~1
TAIL1 l L NADU GOVERNMENT GAZETrl'E EX'I'KA'ORUINAKY
------- - - - -
-..l-Y. -n >
. .
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,
. - - - -----
- a- ---------r
-- .- -.--
-_Cm
-
E . c p l ( ~ ~ ~ ( ~11.-
/ i o ~'<(Ii I ~ ~ O I ~ ni111le
' , ( I in t 1 1 ~(>l(~to1*:11
s11i111 11c ii1(:1~1o( roll
f o r more than one c1ivisic)li or wnrd O r in thc clcc.toral roll for any tlivision or
\yard in Inore than cne place.
. .
(3) Any pclrsoll alithorised jn this: 1)cllalf 1)y thc State Go.ircnirnenl
shall, for the pi.rposr )f tiiiq section, prcl)arc. in acco~tli1nc.e ~ v i t ht l ~ cpl~ovisions
of this scetio~lnnil SLTCILtlircctions not inc.onsirtcnt \\it 11 t 11c l,rovisir,ns of tbr
Madras City Mtl11ic.ipnl ('orporntion A d , 1919, tlic ,\T:~tlnrai City bli~~nicipnlTamil N<idu Act
Corporation Act, 1971 o m bthe C"nin~l~atol*(l i'il;u 1lniticil)nl Corl)c,r;~t ion il .\ IV of 1919.
Tamil Nndc Ac
1981, iis tlic c.;~st~
II~.I:, llc, as 1 1 1 ~St:~tc (;o\c r i t r l c ~ l : r:,nv, F~.,)nrtirno fo tiln I, , 5 0 f 1971.
F an 1 ~ ) l ~ l ~ i ii.l ,l hsuch
issue in this I~elii~l , nl:lltnc 1%:111tl :kt \nc.h t i l l i ( ~as the State TStml1 N~,~,~-A
Governn~ent nlay rli~'ccsi,11lta c~lcc~tol~al roll f o ~c ; , ~ . i l of' ~ h cdivision or rv;~t'c.l 25 of 1981.
con~prisecl in the conc~crncclCity or thc altc rntictns to sl~cliroll, as the ;:me
may be.
P A R T 111.
3. I n the 3lacll.:ls City Municipal Coinporation Act, JDJ9 (hcrcaftcr in Tamil Nadu-Ac
this P a r t rcfcrred to ;I:, the 1919 Act), in sccotinn 28, in wh-section (I), for I v of 1919.
the words " two years ", the words " one year " shall I)c substituted.
4.. In section 29 of the 1919 Act, in the fiwt paragraph, for the words
" two years ", the words " one year" shall be substituted.
5. I n sub-section (7-A) of section 44-A of the 1919 Act, in the first para- ,
g~laph.for tlie in lords " six years ", the wo1.d~ " five years " sliall be substituted.
6. In section 55 of the 1919 Aet, i n the first paragraph, for the words
" six years ", the \vords " five years " shall be substituted.
,, G I . 1 1 , , , ' , ! . T ~ ~ ; ~ . :; I!] I '..:.T: ., . , . ; :,.:, :,r ( ] l l . l . ( , i l f t ~ l in
l ~ Amentiment 01
t},j>: 1':1;,[ [ I ,I , , :I., ;! , 1'. .<*,
i ,~ :Il , :: ~ 1 '~ 11, :.,:,,.+:,!~,ITI
' ( I ) ? in section 29.
1 I , I I ! . i, I , .; ,IS - ~ \ \ . I I!.c3ili, . !:I,' ,t,,:81.is ~t ,,,?I;. I . ~ ; ~ - l1
' I I slia
Ill> ~li!l~~t~1!:ll'l
.itl~-:.,'i.ti011 ill' s~:(.tion 50 of the 19S1 Act, in t h e first para- 4mcndment 0'
, 7
1
i..
"'
,
111
, I I ,
(:;'
i i i 3 : ' 1.11~ \\'oI,(!s " five > . e i l ~" s h i ~ l lhe sub-
section SO. I
! iilitcti. 1
11, iI! [TI c.1 io11 (i:!of 1110 1981 Act, in thc P i - x t parazsapll, Toy thc. wor(ls .mendmen1 0
section 63.
, '. i11(. 1% ot " f i ( a~ ycnrs " shall l)e .~ll)\titntt
11
The ZoNowing Act of thc T a d Nadu UgislalSvc rkscrnbly rcceived the - , -
. . ..:
-f5
'2
assent the G o 7 e ~ o ron the 17$ 'N0~4tber1989 and is hereby published -
7
->-j
.
..;
An Act ?urtlrer to sl;telta the I~lvdsrelating to the Mul~ic:ipdI Corp~r%iior:r
in the >-.
Slate GI Trrmil KGrtl. - I
* -
BE it enercted by the Legislative ksembly of the State of Tamil Nadu in . .
the Foaieth Y w of the ~epubkcof India ks follows :-
' ' -!<
-:- --
+'
PART 5. . I
-.-'.,. . .:
.
1. (1) This Act may be called tbe Tamil Nadu Municipal Corporation short . .,<
- ..:
LTWS
(Fourth Amendment) Act, 1989. wmmesamtut ..
. .. . . .... :.:;;.-
.
. 1.J,,
(2) It shall be deemed to have come into force oq the 29th Sep~mber , .:?
,
..
,..
,. , ., -.&:
,<.<-,.
.,:. ;.:.:a
,
1989. 3
rqi';:'.
22, . ...
-,?:<
; ,.... . . . , -3 5::
PART II: .i :,? ,L..
. , .-. . g
.i.:cJG9 ' , '
.. . -.
AMENDMENT
TO THE MADRAS CT I Y MCJNICIP& CORPORATION .
A m , 1919.- . lg
-, , . . ;,GJ
2. In subsection (1 ) ol section 55-B d the Madras City MpDifipd A m a D ~ m t : . ~, 3 ~
Corporalion Act, 1919, for the expression " 30th day of September 1989 ", the ' ~ ~ Q SSB.
I L :- 3
-. . ..
.'-
expression " 3 1 d day of March 1990 " sh& be substituted. ,,A
,, .13
.-,
7:
3. In sub-section (1) of section 62-A: of the Msdursi Crty ~unicipipalAmendment of- - ;',.:
Corporation Act+ 1971, for the exprasion " 30th day of September 1989 ", asdon 62-A.;. - - . . .:
the, expression " 31st day of March 1990" shall be substiMed. . .
'..
. - , ..
PART IV. -1
', ?;
AMENDMENTTO THE C O ~ A T O R Ea m MUNICIPAL . ;=.a
.. .I,
' R - . p 7T-.I__-_
9E it enackd 1,y the Legislative Aasembly of the State of Tamil Sadu in 'the
Portydrst Year of the Republia of lndia aq follows :- n
P R E L I r nm y .
1. (1) This A d may be called the Tamil Nadu Municipal, Corpo~iltiun Shm;ti~c
Commencement.
Laws (Amendment) Act, 1991.
(2) I t shall be deemed to have come-into force on the 26th September
PART 11.
Nado ~ l t 2. In sub-section (1) of section 55-Bof the Madras City Jlunicipal Cor-
of 1919. poration Act, 1919, for the expression '' 30th day of September 1990 ", !he,
expressiofi " 8Mh day of April 1991 " shall be sub$ituted.
PART 111.
5. (1) The, Tamil Nadu Municipal Corporation Laws (Third Amend- Tamil Nadu 4
Ordinance
malt) Ordinance, 1990 ia hereby repealed. of 1990.
. .
( 2 ) NotT&hRtanding such repeal, anything done p. an. action taken Tam3
IV ofNadu
1919.
Act
nylder the Madras City 3funicipal Corp~rdtionAct, 1919 or the hladursi City Tamil ~~d~ ~d
%lnnicipal Corporation Act, 1971 or the Coimbatore City Municipal Cor~orn- 15 of 1971.
tioa ~ ~1981, t , amended by the said Ordinance, shall-be deemed to ham Tamil Nadu Act
been done or taken under the 31Ddras City hfunicipal Corporation Act,
1919 *:;k:l;nct
or the Madmai city llunicipal Corporation Act, 1971 or the Coimbatore iv of 1919.
> ~ l l n ~ c j pCorporation
~l Act, 1981 as amended by this Act. Taml
15 ofNadu
1W1.Act
Tama Nadu Act
25 of 1981.
(By order of the Governor)
I
ACT No. 18 OF 1991.
Bn Act further to at)iencl the laws, relating to the Mzcrzicipal Corporatioits z
k the
State of Tamil Nadu.
Beit enacted by the Legislative Assembly of the $tade of Tamil Naclu in the
Forty-second Year of the Republic of India a ~ follows
; :-
PABT I.
Preliminary.
PNiT 11.
A?ne?zd?nentsto the Mndras City Xunicipal Corporafiotz Ant, 1919.
T d Nadu
w of 1919.
Act
PART 111.
'
Antelidntents tot the Madtcrai C i t y Mzinicipal Corporation Act, 1971.
emitted.
$0. In section 62 of the 1971 Act,-
P U T IV.
,
A ~ n Coi7nbatore
~ to fh ~ s City Municipal Corporation Act, 1981.
12- the C ~ ~ ~City o Municipal
r e Corporation Act, ~ g i (hereafter
i Arne-
this Part m f a m d to =the 1981 Act), in section % aft- &use (121, the h 1
following c l a w &all be in%* namely:-
('(12-6) 'councillor ' includes i person -ptpd fo -d is a
councillor;".
.. , 8
TAM&' NADU GOVERNMENT GAZETTE EXTRAORDINARY '
- -
13. For section 5 c.f the 1981 Act; the following section dud1 be subs-
tituted, namely :-
" 5. Coizstitufion of t ? coozc~zci2.-(1)
~ Save as otherwide provided in
s u b - ~ t i o n(4), the council shall consist of seventy two councillors elected in
the manner laid down in this Act.
(2) Notwithstanding anything contained in subsection (I), there Ml
be mp~sentationin the council for the members of the Scheduled Castes and
the Scheduled Tribes and the number of members representing the Scheduled
Castes and the Scheduled Tribes shall bear, as nearly a$ may be, the same
propodion to the total number of seats in the council aq the population of the
Scheduled Castes cmd the Scheduled Tribes in the City, bears t~ the to%d
population of the City and if sufficient number of members belongirig to $he
Scheduled Castes and the Scheduled Tribes d e not elected to that extent to
the council, the elected members of the council shall, at the first meeting of the
co(unci1 after each ordiaary eleation to the council, cocopt to itself the members
belonging to the Scheduled Caslta and the Scheduled Tribes to that oxtent as
councillors, in accordance with such prccedura as ~ a bey prescribed.
Expluna1io.n.-For the purpose of this sub-section, the expression
population " mean9 the populsltion as ascertained a t the last preceding census
sf which the relevant figures have been published.
(3) ~ o t w i t h s h d i n ganything contained in subsection ( I ) , there
shall be, as nearly as may b q thirty per cent representation for momen in the
council and if sufficient number of women are not elected to that extent to the '
oouneil, the elwted members of the cduncil shall, a t the fir& meeting of the
council after each ordiuarg election to the council, co-opt to itself mch number
of women, as may be n e e w r y as councillors, in accordance with such proce-
dure as may be prescribed to ensure that theye is thirty per cent representation
for women in the council.
(4) The strength of the council as specifled in sub-section (I) &all
be deemed to be increased by such number a s may be co-qted nnder mrub-
sections (2) and (3).
' (5) Notwithstanding anything contained in this Act, the provirjons
relating to the qualification and disqualification of councillors under this Bet
. shall, as far as may be, apply in relation to the councillors co-opted under
sub-sectionq (2) and (3) as they apply to the councillo13 elected under sub-
sectioa ( 11) .'*.
14. In section 57 cf the 1981 Act, in wb-section ( I ) , c l a u s (c) shall be
omitted;
16. In section 68 of the 1981 Act, in the marginal heading, for' the rjwrd
'felectwtd9*,Yhb woiJde " election hnd co-ontion '*shall be substituted.
. >1
.(By order of' the Clovernor. ) . ,
, - , : , ; ' , ,. ' I ',
P. JEYASINGFH PETER,
Secretary to Gavernnzent, Law Departmc~tt.,
64 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
- ---em- -
The following Act of the Tamil Nadu Legislative, Assembly received the
assent of the Governor on the 19th. July 1991 and is hereby published for
general inf ormatjon :- . . -,,.I
, , - . PART I. 4 * c .
PRELIMINARY.
Short title 1. (1) This Act may be called 'the Tamil Nadu Municipal I ~ a r ~ s
4nd (Amendment) Act, 1991.
commencement. (2) It shall be deemed ito have come into force on the 9th day of April
1991.
PART &I.
WENDBIENT TO THE BIADRAS e I T Y MUNICIPAL CORPORATION
ACT, 1919.
Amendment of 2. I n sub-section (1) of section 55-BIof the Madras City Municipal Corpor
seetion 55-B. ration Act, 1919, for the expression " 30th day of April 1991 ", the expression
" 88th day of September 1991 shall be substituted.
JJ
Amendment of
3. In sub-section (1) of section 62-A of the Madurai City Municipal Gorpo-
ration Act, 1971, for the expression " 30th day of April 1991 ", the expression
i 30th day of September 1991 " ahall be substituted.
44
BPr3&T m.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL
CORPOBATION ACT, 1981.
4. I n Bohdule V I I to the Cdmhatore City 3iunicipal Corporation Act,
Tamil Nadu
Act 25 of
1981, in wb-rule; (a) of rule 4, for tho expreskon " 30th day of April 1991 ",
' the expression " 30th day of September 1991 " shall be subtitutod.
1~1. ,,,F
PART V.
AMENDMBNT TO THE TAMIL NADU DISTRICT MUhqCIPALITIES
(SECOND A3fENDIMENT AND SPECIAL PROVISIONS) ACT: 1990.
famil N.dp 5. In cIause (a) of subsection (3) of section 4 of the Tamil Nadu District
Act 33 at Municipalities (Second Ameadment and Special Provisions) Act, 1990, for the
1990. expredon " for tu period of tea months on and from the 24th day of July
1990 ", the e r p r d a s "for a period beginning on and from the 24th day of
July 1990 and ending at no011 on the.30th day of September 1991 " shall be
substituted.
TAML NADU OOVEPNMENT GAZETTE EXTRAORDINARY
Special Provisionn) Act, 1990 or tho TamiIi Nadu Municipal Councilsl (Ap~oint-
lnent of Special Officers) Act, 11991, as tunended by the said Ordinance, shaD
,- P. JEYASINGE PETER,
t , , a a , .. ,i Secretary to Gwcrnment, Lmo Department.
sbort titlk
and com-
mencement.
Amendment
of section,
55-B.
Amendment .
of section
62-A.
Amendment of
schedule W.
,I I I t 1
-- -
ACT, 1919.
2. In sub-section (1) of section 55-B of the Madras City Municipal Corpo- ~ ~ - t
ration Act, 1919, for the expression " 31st day of March 1992", the expres- of seaion
sion " 30th day of September 1992 " shall be substituted. - 55-B.
PART 111.
AMENDJMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ,'
ACT, 1971. 1 at!
5. In clallse (a) of sub-section (3) of section 4 of the Tamil Nadu District Muni-
cipalities (Second Amendizent and Special Provisions) Act, 1990, for the ex-
pression " 31st day of March 1992 ", the expression " 30th day of September ofsectionE
1992 " shall be substituted. 4.
PART VI.
AMENDMENT TO THE TAMIL NADU MUNICIPAL COUNCILS
(APPOINTMENT OF SPECIAL (OFFICER::) ACT, 1991.
6. In clause (a) of sub-section (3) of section 3 of the Tamil Nadu ~ u n i c i ~ a l
Councils (Appointment of Special Officers)Act, 1991, for the expression " 31st day Amendment
of March 1992 ", the expression " 30th day of September 1992 " shell be ssbsti- of 3.
section
,,
3fD. ISMAIIr,
-, 1
a -
Secretory to Govet.nmcnt, Law Departntent. I
EXTRAORDINARY ' ~ o l n w a ~~ m m
BE it en;Mpct Iry the Legidativc A94en1bly of the State of Tamil Nada in tho
Fort?-third Year of the Republic of India as f o l l m :-
PART I.
PRELIMINARIY.
1. (1) T h j 4 Act may be called the Tamil Nadu 3funir:j~stlZ;s-\jrs(Second shwt title and
COmXIWllCW~eDt,
~tmendment) Ac$ 1999;.
1 . -
1. ( I ) Th.is Act mad be called t& Tamil Nadu Bgiuaicipd Laws (Amend-
,
Short title a .
xmmence-
ment) Act, 1993. ment.
(2) I t shall be deemed to hare come into foree on the 30th 'day of
>ember 1993.
PART II. %
AMFBDMENT TO THE MADRAS CITY M U N I C I P L WRPORATJCON
ACT, 1919.
2. In sub-section (1)af section 55-B of the Madras City Iddcipa.3 Car- Amendmat of
poration Act, 1919, for the ex~@?ji~*;"@fRh ,dw ,& &ptember 1993 '\ thie section 55-B.
expression "31st day of May 1994" +all be substituted.
PART III.
AMENDMqNT TO THE-W U R A I CITY MUNICIPAL WR1PORATION
. ,*, .,-'
. *- ,... 7
- - . :v - * < .J.?AJ,
=. r..A,.
,
3, In wbsection (1)of iqeotbn 62-A of the Madurai City Municipal Cor- Amendmeat of
porntion Act, 1971, for the e x p r d o n " 30th day of SeptembeF ;L993", the 62A.
wression "31st day of May' 199' 'W be sub&.hted.
m- PaRT IV.
x "4, I
.
AMENDWNT TO' THE OOIMBATORE CITY ~ I C I P A L
CORP0RA;TION ACT, 1981.
I
PART VI.
LMENDMFh A' TAMIL NADU MUNICIPaL (X,UN"aS
TO THE
( U m m T M E N T OF' WEtCIAL OFFICERS) ACn 1991. I
6 . In clause (a) of mb-section (3) of . ~ c t ? m
3 on the ' P a i l Nadu Wni-
v*
E'
d u i C~uncils(Ap~~mhtment of S'peeiaI Weem) A* 1991, for &e q r e ~ g i o o mcti~n3.
"30th day of Septxmber 1993 ", the e x p r e o n "31st day of I-"
be substituted.
kepeal and 7. (1) The Tamil N a h r Mmicipal~LA- (Amendmeab) Wdhance, 1993 Tamil Nadu
wing. I is hereby repeal&.
(w0iEde~-
@@ thb-h-ok) .w
> ,
X. B E T Q ~ ~ ~ ~ L U Y ,
C r . . r . ' , . . . * I -
Mw to aove.nmpoq Law Department.
. , - 2 - . . .? ., .
, . . . - .
.. , ,
-. .. ... ',.., .,, 1
w 4 - I .
. I ' i
.. - ' - * I.
..
- 1
.-
i
TAMIL NADU GOVE
PART I.
PRELI3IINARY.
'
- 1. (1) This Act may be callcd the Tamil Nadu Municipal Laws (Amendd shod t l t ~ ~
an&
ment) Act, 1994. comenceniCn6r 1
(2) (a) The provisions of this Act, except section 3, shall be deemed
to have come into force on the 1st day of April 1994., ' I
(b) Section 3 shall bc deemed to have come into force on the 18th
day of October 1990., I
PART IE.,
,linc:i.j:ncnt to tnle Madras City &Municipal Corporation Act, 1919.
PAET 111. r
PART LV.
Amendment to the Madurai Ciiy &Zunicipal Corporatior! Act, 1971.,
Amendment of 5. In section 123 of the Coimbatore City ~~5unici~)al Corporation Act, TamiINadurrit
1081, in clnuscl ( c ) , Tor- 1 1 1 ~\:roi.il~: " p l a c ? ~11:::'d En:. thc chn:itflhlc purpose", 25 of 6981.
= t i ~ , 123,
the words "buildings usccl for eclt~cntionnlpurpose incln ling hostels attachcd
thereto 2nd places u.;cil f o r 111. rltsi.itnl)l: I : I L I ~ ~ ) o sh " Ile substituted.
: : ~111
b 4
Arz A6t jurther to Amend )he L a ~ sreldtidg td the Municipal Corporations and
Munic@alities in the State oj Tdmil Nridu. - ... -
r s.
2
BB it eliacted by the Legislative Assembly, .of the state of Tamil Nadu in the
Forty-fifth1 Year of' the Republic of India as follows :-
, &'
,
-
- $ ?
. . ~L- ~ j
i l
PRELIMINARY.
Short title and
1. (1) This Act may be called the Tamil Nadu Municipal Laws (St-cond Amend- commencement .
ment) Act, 1994. -,
PART XI.
AMENDMENT TO THE MADRAS CITY MUNICIPAL CORE'ORfi.TION ACT,
1919.
Amendment ol ',
2. In section 414 of the Madras City Municipal Corporation .4c$ 1919, in section 414.
IV of *Or
191'3' sub-section (2), for the expression "only for six months from the date of the commen-
cement of the Tamil Nadu Municipal Corporation Laws (Amendrner.t and Special
Provision) Act, 1994", the expression "up to the 31st day of December 1995" shall
be substituted.
Amendment of
Tatnil Nadu Act ?. In section 375 of the Tamil Nadu District ~ u n i c i ~ a l i t iAct,
e ~ , 1920, in sub- section 375.
V of 1920. se-'ion (2), for the expression "only for six months from the date of the commen-
cerncnt of the Tamil Nadu District Municipalities (Amendment) Act, 1994", the
3 expression "up to the 31st day of December 1995" shall be substituted.
PART 1V.
AMENDMENT TO THE MADURAl ClTY MUNlCIPAL 'CORPORATION
ACT, 1971 i
1
j Tamil Nadu Act 4. In section 510-A of the Madurai City Municipal Cor 1971, Amendment o f
15 of 1971, in sub-section (2), lor the expression "only for six months from date of the corn- section 510-A.
mencement ot the Tamil Nadu Municipal Corporation and
Special Provision) Act, 1994", the expression "up to the 31st day of December
!995" sr~allbe substituted.
PART V.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORAl'ION
ACT, 1981.
3. m smton 51 1-A of t11e'~oimbatoreCity Municipal Corporation Act, 1981, Amendmen' .of
of 1981.
Tan'it Act 2 5 innub-section (21, for the expression "only for six months from the date of the VCtIon 511-A
com~~iencement of, the Tamil Nadu Municipal Corporation Laws (Amendment
.a
and Special P~+ovision) Act, 1994". the ex~ression "un to the 31 st day of December
1995" \bat: be substituted
PART VI,
(2) in sub-section (5). for the words "only for six months from the date of
the corninencement of this Act", the expression "up to the 3lsl day of December
1995" shall 5e substituted.
PART VII.
AMENDMENTS TO Tlik 'IIR I)NEL,VEL! ClTY MUNICIPAL
CORPORAT!ON ACT, 1994.
lendment of.
tion 10.
, -- 7. In section 10 of the Tirunelvcli city Municipal Corporation Act> 1994,-
(11 in sub-section (2). for tI;: e~ri.cssion "within a period of siu' inonths
2::""
from the date of the commencenlent of the Tamil Nadu Municipal Corporation
Laws (Amendment and Special Provision) Act, 1994". the expression " on or before
the 31st day of December 1995" shall be substituted ;
2.',
$
(2),in sub-section ( S ) , for'the words ''clily for six months from the date of the
ept of this Act", the expression "up to the 31st day of December
coyeqc?
1995 shal be siibstituted.
PART VJII.
AMENDMENTS TO THE SALEM CITY MUNICIPAL CORPORATION
ACT, 1994.
M. MUNIRAM4N,
Srcretury to Goveninz?nt. Law DL~pr
l.t,neizt.
-- .--- -- ---.- - -\
PRINTED AND PUBLISHED BY THE DIRECTOR O F STATIONERY AND PRINTING. MADRAS. 3N BEHAU, (A
O F THE GOVERNMENT O F TAMIL NADU
Cr
- - -- - - - .
--
Registered No M I
(Price 0.60 Pdse
TAMIL NADU
G O ~ E R N ~ ~ E CAZETTE
NT
* - - - -#a
- -- --
Part IV-Section 2
7 . 3 .
. .. . , . !.' .-
r i . , I 6
, .,
>
PART I.
PRELIMINARY.
commence-
ment.
(2) It shcll come into force at once.
PART 11.
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES
ACT, 1920.
2. In section 3 of the Tamil Nadu District Ml~nicip?IitiesAct, 1920 (herein%fter Amendm3at ot
in this Part referred t o as the 1920 Act), eftcr clause (2),the following clause shall b:: s:ction 3.
insortcd, namely :-
"(2-A) 'B?ckwerd Cl~ssesof citizsns' shy11 have the ssmc meaning a!,
defined in cl?me (a) of s:ctio? 3 of ths Tamil N?du Bxkwsrd Cl?ssss, Schsdulsd
C ~ s t c sand Scheduled Trib:s (R?s~v8,?ionof S:a,ts in Eltlc?t.io~?l1.n:itutions a24
of appointments or posts in th!: Ssrviccs under the State) Act, 1993. ".
~ o u ? )TV-2 EX. (6041-1 C 119 1
1
i
I
120 TAMIL NADU GOVERNMENT GAZkTTE EXTRAORDINARY
F -a- - -.- L_
. . (2-B) Sezts shall b.: reserved for women belonging to the B%ckwardClasses
of atizezs f x n : " ~ o r , gthe s23ts re:~::~ec! fer ?!is ps:so2r, 5s!osging t~ 27.2;-
xfard Classes of Citizens which shall not ba less than one-third of the total llumbsr
of seats reserved for the persons bzlonging to tl-tc Backward Clc7.sses of Citizens.";
(2) in sub-soction (3, for the oxpression "(incl~!ding the nunlber of sdzts
reserved for wcmen belonging to thc Sehedulec! Castes and the Scheduled Tribes)"
the expression "(including tho numbar of sears rosorved for woman balonging to the
Scheduled Castos, tho Scheduled Tribos and tho B~ckward Clasos of citizens)"
shall be substituted ;
(3) after sub-saction (4), the following sub-saction shall be inserted, nanlely :-
"(CA) (;I) Tllo cflicu\ 01 t l ~ o(:b:tir-l~or~c~ll\
of tho tow11 p:uicl~;ryirl sl~;\ll ha
rrslrrvod lor porsonu bzlo~igiogto tho Bi~kwaKiClwisos of citbttns and tho numbar
of offices so resorvad ,sl~allbe, as searly as rnay be, fifty pop cent of the total number
of ofi:~s of the Co;iir-parsons of tho towla punal~aylyatsin tho Slato.
+
;' '
(b) it: tho proviso for tho expression "under this sub-sectios and unden
sub-saction (A)", tlio oxpression ''undel* this section'bshhll be substiluted.
,,(6-A) S.:el.s shall bo roservcd for thc persons belonging to tho &&ward
Ci.:s<cs 01 cit z.li)s i i ~U V C I - ~municip:.iit :!r~ci tl?a ~!i!l:-ib~i*of so::rs so rcscrvac!, S!~F,J~
Ir;, ::c r+x;:.ly ;,r. !:I:::J 130, fifty pii'C(i1li of ilia in;::! n~1.11ibor of so:;ts to bo .fiilect 1 , ~
d~;cc;: e]ec!ioil:; i l l rhat municipaiily.
bo subs tit^ ,
d~itli %t
tho S~hedulcd stes. the Scheduled Tribes end tho B:.ckward Classas of citizcnsY7-
_--TAMIL NABU GOVERNMENT GAZETTE--
a---
EXTRAORDINARY
- -. - - -
121
-
(3) after sub-section (8). the followingsub-section shall be inserted, namely :- ,
(2) in sub-section (9, for the expression "(!;iclcding tlie II:!:II~I::- of seats
reserved for wQmen belonging to the Scheduled Cc?.src\ ~tndt hc Scbcdult d Tribes)"',
t hc exp;essio~"(including the nurnber of seats reservcd for women b=lollgingt o the-
Scheduled Cafes, the Scheduled Tribes and the Bcckward Classes oof' citize1ps)''
shaiilb3 substitvtwi.
PART-1V.
/kh.IT3ND;vIENTS TO - T H E >L;\P)UR.ILZ cj7'Y ?.lL!NTClPAL CORP2RATlON
1 I' ACT. 1971. \
,.I P
I ~ I I I G ; I:J!~ ~ ~ I C ! I !
scr!ji>n 5 .
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Amendrn'cnt ot 10. I n soclion 5 of tlia 1981 Act,- .'
section n '
&all.ll'h& substi.tutsd.
--
Act 11. In scction 2 of ihe TiruchirappalliCity Municipal Corporation .let, 1994 Amendment ot j
. (I1croin:ifcor inthispart rclforrod to as t h Tiruohirappnlli
~ Corporation Act), for
cl;luso (a), tlio followil~gclauses shall be ~ubstjtuted,namely :-
salon 2,
:I
I
&a) 'Backward Classes of citizens' shall have tho same !meaning as
Aot defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled
. Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and
of appointments or posts in the Services under th:: State) Act, 1993 ; I
1
ns the local area comprised b
cal area which after the date i
e City bat does not include any
cement is excluded from the city;".J
I, -4
. ,.I*' C'.
(2) In sub-section (5), for the cxprecsioil (including tho nurnk~cr01 seats
reserved for women belonging to the Schedulsd C(lstesand thc Schcduled Tribcc)",
the exprcq~ion ''(illcluding the number of ccnts r(:.;,:r~od for wolncn l ~ o ~ o n ~:0i l l ~
tho Scheduled Castes, tho Scheduled Tribes :\lid thc B:bckw~rdC1.l. ,'~csor cilizens)"
shall be substituted .
PART VII.
lNadu Act 13. In section2 ofthe Tirunelveli City Municip:l.l Csrpurc! ion 1.c. , 1994 (here- Amendment of
1
of 1994. inaft er in this Pmt referred to as the Tirunelveli Corpo*::' ioil Ad:), ft,i- cl~.usc(a), section 2.
the followirlg clnusec shzll bc substituted, namely :-
(4-3) Seats shall be raservad for women belonging to the Backward Classes
!I d citizens f ~ o mamong the seats reserved for the perscns belonging t o the ~ackward
alsses of citizens, which shall not be less t h e n one-tnird of the tctal number of seats
reserved for the persons belonging to the Backward Classes of citizens."; 3
i
2) in sub-section (S), for tha expression "(including the number of sezts
roservc h fc r womon bel~ngingtc. the Scheduled Castes and tne S~heduledTribes)",
the exprsssior "(includi~igthe number of seats reserved for wcmen belonging to the
Scheduled C~stes,the Schedu1t.d Tribes and ths Bzckwa~dClasses of citizens)" shall
be substituted.
i PART VIII.
A m e e b r t of 15. In secticn 2 ~f the Salem Citv Municipal Corporation Act, 1994 (hereinafter Tamil Na
aectioa 2. i n this Part referred to 2,s tho Salem Corporation Act), for cl~,usc(8), the following
olauses shall be substituted, ramely :-
t'
\ "(a) "Backward Classes of citizens" shall have the same meaning as defir~td Tamil N
i i o clause (a) of section 3 of the T?.mil hadu Backward Cla~ses,Scheduled C8,stes and
Scheduled Tribes (Reservzticn cf Seats in Educational lnstituticns and of appoint.:
ments or posts in ths Services under the Stats) Act, 1993;
(aa) 'City of Salem' or 'Lit)' means the local area aomprised in the
Strltio r~lunicipality?rid inciudt-sany local area which aftel the dzte c t the commence-
J L J ~t cf tnis Act, i~ irc!uded in tne City but does not include any lccal area which
?f!er ~ c data h ol I he cctrimencemcnt is excluded frcm the City;".? ,
.Is,
w
& 54
i:
*
) , i *
-%
1
PART IX.
*it
-..
-------
B I T I I L DIRECTOR OF 41 \lIO\tHI A\I) P H I N l JluC;. X ~ A D R A S . ~ .-
4LF OF THE GOvE'Riu'lEiuT OF T9YIIL NADUj .-.
- 4-A- - -----. -..A.
- 4r*C"-J
TAMIL NADU GOVERNMENT GAZETTE EKTiUORDINARY 153
----
The following Act of the Tamil N;!Ju Legisl:~tivc .Assemi~lyrccc:i:-ed the assent of the
Governor on the 30th December 1995 a n d is !icl.chv ! ~ ~ ~ l ~ l i s hfor.
c l l $cn.c~.;~I
infosnintic~n:-
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-,ixth
Year of the Republic of India as follows :-
PART-I.
PRELT MI NARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Second Short titb
Amendment) Act, F995. and com-
menwment.
(2) It shall come into force at once.
PART-IV
AMEND"MENTTO THE MADURAI CITY MUNIGIPAL
CORPORATION ACT, 1971.
4. I n section 5 1 0 4 of the Madurai City Municipal Corporation Act, 1971, in sub- Amendment
section (2), for the expression " up to the 31 st day of December 1995 ", the expre*;sion of section
" up to the 30th day of June 1996 " shall be substituted. 510-A.
PART-V.
AMENDMENT TO THE COIMBATORE CITY MUI\TIGIIPAI;
CORPORATION ACT, 1981.
5. In section 511-A of the Coimbatore City Municipal Corporation Act, 1981, in Amendmerb
sub-section(2), for the expression " up to the 31 st day of December 1995 ",the expression of section
" up to the 30th day of June 1996 3' sl,nllbe substituted. 511-A.
PART-VI.
AMENDMENTS TO THE TIRUCHIRAPPALLI CITY
MUNICIPAL CORPORATION ACT, 1994.
Amendment 6. 1Q section 10 of the Timchirappalli City Municipal Corporation Act, 1994,- . Tamil
of section
10.
(1) in sub-section (2), for the expression " on or before the 31 st day of ~ e c e m b e r
.
1995 ' the expression " on or before the 30th day of June 1996 " shall be substituted 1
(2) in sub-section (9,for the expression " up to the 31stday of December 1995 ",
the expression " up to the 30th day of June 1996 " shall be substituted.
PART-VII.
AMENDMENTS TO THE TlRUNELVELI CITY MUNICIPAL +
CORPORATION ACT, 1994.
Aaendment 7. I n section 10 of the Tirunelveli City Municipal Corporation Act,, 1994,-
of section
10.
(I) in ~ U ~ ~ - S C L ~(L),
I C ~I.OI I I "
1995 ", the expression " on or bcfole tl c 3( th d a y of Juce 1996 " sllnll be substituted ; .
C\IIIC,,IOII O I I 01. I~C[OIC tl:c 31 \I(1;~yof I>ccciiil~cr
(2) in sub-section ( 5 ) , for tlLeexrression '' up to tfe31 stday of December 1995 ",
the expression "up to the 30th day of June 1996 " shall be substituted.
PART-VIII.
AMENDMENTS TO THE SALEM CITY MUNICIPAL
CORPORATION ACT, 1994.
,~mendment
of section
(2) in sub-section (9,for tlie expression " up to the 31 st day of December 1995 ",
to the 30th day of June 1996 " shall be substituted -
the e::pression " ~ l p
Governor.)
(By order of t h ~
M. MUNIRAMAN,
Sect etro.J1 to Govcrrltnott, Law Department.
1
<
--
The joiiowing Act oj the Tamil Nadu Legislative .Jssembly received the assent of
ihe Governor on the 25th J w e 1996 and isg Itereby publislzed jor getter111
injorn~ation:-
ACT No. 16 OF 1996.
An Aet further to amend the Laws relating to the Municipal Corva~ations and
Municipalities in 1he State orkTamilNadu.
Bh it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Eorty-seventh Year of the Republic of India as follows :-
PART I.
I PRELIMINARY.
~
I (2) I t shall come into fol'ce at once.
PART 11.
AMENDMFNT TO THE MADRAS CITY MUNICIPAL CORPORATION
ACT, 1919.
2. In section 414 of the Madras City Municipal Corporation Act, 1919, in Amendment!
v of 1919. sub -section (2), for the expression "up to the 30th day of June 1396 and no longer", of section 414
the expression ''upto the 31st day of December 1996 or for such shorter period as
the State Government may, by notification, specify in this behalf" shall be
substituted.
PART 111.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNIaPALITIES
ACT, 1920.
PAlRT IV.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION
ACT, 1971 /'
3 ?F-+ ~ 5 z 3 cw %kLez
'5iTxeiiB ,q:-#
r"-sz~.r?Z . f s z% szF5-z~3x 3L:-5- -2?f'hce
: :!?H a+ d
*-. -
5- sgzEsax - F L z:- r'ls
l J u u % = * < i R k P B G a ~ ; % ~%em
- in azirr b d d f 7 shall &
; o m .
IV-2 EX. (3011-3
-
38
-
TAMIL NADU GOVERNMENT GAZETTE EXTRA 0 K D I N A IIY - -I
- -- _A- -
? -
1
- - A
PART V.
I
AMENDMENT TO THE COLMBATORE CITY MUNICIPAL CORPORATIOP
ACT, 1981
..AL
Amendment 5 . In section 51 1-A of the Coimbatore City Municipal Corporation Act. 1981. .I
J I~II! h ~ d u
of section in sub-sectioi~(2), for the expression "upto the 30th day of June 1996 and r o A c t 25 of
511-A. longer", the expression '<upto the 3 1st day of December 1996 or for such shorter I98 E,
period as the Government rimy, by notification, specify in this behalT' :,hall be
substituted.
1
i
i
PART VI.
Amendment 6. In section 10 of the Tiruchirappalli City Municipal Corporation Act, 1991- Tamil
of section 10. A c127
(1) in sub-section (2) , for the expression "on or before the 30th day of
June 1996", the expression "on or before the 3 1st day of December 1996" shall
be substituted ;
( 2 ) in sub-section (j), for the expression 'cupto the 30th day of June 1996
and no longer" ,the expression "upto the 31st day of December .996 or for such
I shorter period as the Government may, by notification, specify in this behalf"
shall be substituted.
I
I
PART \'IT.
Amendment 7. I n section 10 of the Tirunelveli City Municipal Corporation Act, 1994- Talni[
of section 10. Act 28
(1) in sub-section (3,for the expression "on or before the 30th day of June
1996", the expressiorl " on or before the 31st day of December 1996" shall be
substituted ;
(2) in sub-section (5) , for the expression "upto the 30th day of June 1996
and no lonqer", the exnreosion ''u~to the 3lst day of December 1996 or for such
shorter period as the Government may, by notification, specify In this behalf"
shall be substituted.
-
- - . >: ."
M. MUNIRAMAN,
Secretary to ~overnmt&t,
Law Department.
-
AND WHEREAS a policy Cecisioll was taken by the Governnient of Tamil Nadu
t o provide reservation for Backward Classes of citizers in the wards of the Town
Panchayats, Mu-iicipalities and Idunicipal Corporations and of tne offices of chair-
perso:!s of Towli Panchayats, Municipalities and Municipal Corporations in this
AT49 WKEREAS the Tamil Nadu Municipal Laws (Amendment) Act, 1995
(Tamil N a c u ,,ct ;.! of 1995) was enacted makillg provisiozs in the laws relating
to v1u:licinalir:es anti Mu iicipal Corporations in t r e State OF Tamil Naau providing
for reservatioil of seats ant1 offices of chair-persons for Backwarci Classes of citizens
in the 1 OWJI Panc;,ayats, Mu~.icivalitiesand Municipal Corporatior.s ;
AND VVHEREXS provisions which were made in Tamil Nadu Pancllayai i
Act, 1994by the Tamil Nadu Panchayats (Secor~d Amefidmect) Act, 1995
(Tamil Nadu Act 30 of 1995) providing reservatioiz of fifty per cent of the warils at I
each level of Panchayats and of the Officesof Presidents of Village Panchayats, Chair.
Inen of Panchzyat Ucion Cou:lcils and Chairmen of District Panchayats in t h i ~. tate
for Backward Classes of citizens had been challenged and the High Court, Madras,
ill its judgrnerzt dated the 3rd April 1996 in W.P. No. 14637 of 1995, etc. hassttuck
down tlie provisioi!~of the said Act providing reservation for Backward Classes of
citizer s ard all 1,otifications issued under the said Act effecting reservation in
favour of B a c k ~ a r dClasses of citizens ;
AND %VMEREASit is felt that pjovisiocs mace for rcservatiol? of seats
and ofices oi'Ci?air-perso:+sfor Backwartl Classes ol' citizens ill the ?'own Pa~~cl~ayats,
the T:Au?~icipnlities
axel Muiiicipal Corpor~tionsare likely to be struck down if challen-
ge(d before tlie courts as in the case of reservations lnal e in the Panchayats ;
AND %'I-IEREAS the State Governmel:t have taken a policy c ecision
to con( uct the ele .tions for therown Panchayats, i\lunicipalities and Mu~icipal
Corporatio s In tiiis Stale 'it ~ i l curikst
t possible time;
A N D WHI'IIEAS i n ordter to complete the process of electio~~s to all Town I
Panchayats Munic.ipalitles a:?d Municipal Corporatio: s in the State, tliere is ~ i o I
other alter.iative for the time being except to omit thc provisiorts relating to the
reservation for Backwriril: Classes of citizens made in the laws relating to Mu:;icipali
ties al~dMu>:iciyalCorporations ;
AND WHEREAC itisc~d{:erednecessar)~toamend the lawsrelating to
Mu:,icipalities and Municipal Corporations suitably ;
BE l t unnctetl by the Legislative Assembly of the State " of Tamil Nadu in the
Forty-seventh Year of the Republic of India as follows : -
PART I.
PRELIMINARY.
--- .. .
7. f
#
"
?
-- T'L9~F4c.
.5 7 1 ~%?I?~ ? t i e TaG! Vh?u '4 IIG~FJIAST /%.xA
5% k& 4yl/.44
4w'w9
/4
- - - ..+.*: a?.'%#,
''C z 'ff*
.-
?- e,
5- /; -5
,c-.
4
&~G-TCJZ=]
11-A Z - A'J-?
82 . TAI
PART IJ.
(4) in subsection (?), for the expression "(including the number of offices re-
served for women belonging to the Scleduled Castes, the Scheduled Tribes and the
Backward. Classes of citizens)", the expression "(including the number of offices
reserved. for women belonging t o the Scheduled Castes and the Scheduled Tribes)"
shall be substitutrd.
I
I
I PART 111. I
AMENDMENTS T O 'THE MADRAS CITY MUNICIPAL
CORPORATION ACT, 1919.
5. I n sectior 3 of the Madras City Municipal Corporation Act, I919 (herein- ~~1
aFter in this Part referred to as the 1919 Act), clause (2-A) shall be omitted. Act IV 0613
~mendment 6. In section 5 of the 1919 Act,-
of section 5 .
(1) sub-sections (4-A) and (4-B) shall be omitted ;
(2) in sub-section (j), for t i e expression "(including the number of seats
reserved for women belonging to the S: leluled Castes, tne Scheduled Tribes and the
Backward Classes of citizens)", the expression"(includi y the number of seats rcscr-
ved for women belonging to tae Scleluled Castes and the Scheduled Tribes)" sjlall
(besubstituted.
U'AMIL NADU GOVERNMENT GAZE'rTE EXTRAORDINARl7 83
PART IV.
AMENDWYNTS TO TFTF MADURAI CITY MUNICIPAL
CORPORATION ACT, 1971.
7. In section 2 of the Madurai City Municipal Corporation Act, 197l(herei:1- Amendment of
after in this Part ref:rred to as the i 971 Act), clause (2-A) shall be omitted. section 2.
8. In section 5 of the 1971 Act,- Amendment
(1) sub-sections (4-A) and (4-B) shall be omitted ; oE section 5.
(2) in sub-: ection (5), for tne expression "(including the number of seats
reserved for women belonging to tse Scleiuled Castes, tne Scneduled Tribes and the
Backward classes of citizeils)", the expression"(including the number of seats reserved
for worne,l belonging to tile Sc~eliuledCastes and the ScLleduledTribes)" shall be
substituted.
PART V.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
9. In seztion 2 of the Coirnbatore City Mu,licipal Corporatioa Act, 1981 Amendment 01
(hereinafter in this Part referred to as the 1981 Act), clause(2-A) saall be omitted. section 2.
10. In section 5 ofthe1981 Act,- Amendmaat
(1) sub-sections(4-A) and (4-B) sball be omitted; of section 5.
(2) in sub-section(5), for t le expression"(inc1uding the number of seatsreserved
for women belon,singto the Sechduled Castes, the Scheduled Tribes and the Backward
Classes of citizens)", the expression "(including t he number of seats reserved for
women beloaging to t,le Sc ledulsLlCastes and the Scheduled Tribes)" shall be sub-
stituted.
PART VI.
AMENDMENTS TO THE TIRUCHIRAPPALLI CITY
MUNICIPAL CORPORATION ACT, 1994.
11. In section 2 of the Tiruchirappalli City Municipal Corporation Act, 1994 Amendmci,i , ~ r
(hereinafter in this Part referred to as the Tiruchirappalli Corporation Act), clause section 2.
(a) shall be omitted.
PART VII.
MJ,YI>ME'.YTS TO T H E TIRUNELVELT CITY MUNICIPAL
('OKI'OR ATlON ACT, 1994.
13. i n section 2 of the Tirutlelveli City Municipal Corporation Act, 1994 Amendment
(hereinaftcr i n this Part referred to as the Tirunelveli Corporation Act), clause (a) of Section 2.
shall be omittcd.
14. In section 5 of t'le Tirunelveli Corporation Act,- Amendmmt
% ,
of section 5.
(I) sub ~ e c t i o 1 9(4-14) and (4-R)shall be omitted i
S4 -
TAMIL NADU GOVERNMENT GAZETTE EX1.K .?ORDINARY
- .-.- - - -
--
1
---- - --- --
PART VIII.
AMENDMENTS TO THE SALEM ClTY M UNIC'IPA L
I
CORPORATION ACT, 1994.
Amendment 15 In section 2 o :the Salem City Muaicipal Corporatiotl Act, i 994 (!;ereil?after -1amjl Nad LI
of section 2. in this Part referred to as the Salem Corporation Act), clause (a) shall be omitted. Act 29 of 1994
PART LX. !
AMENDMENT TO THE TAMIL NA DU MUNICIPAL CORPORATION
LAWS (AMENDMENT AND SPECIAL PROVISION) ACT, 1994.
Amendment 17. 111 section 121 of the Tamii Nadu M~lnicipalCorporatic . Lnivc ( :mci:dment Iamil Nad u
of section 123. and Special Provision) ~ c t1996,
, for t!le v orc's " t ~ s oall h,: rc\ervccl fc r wol~lcn c t ",o+:!9.
and suc!~number of ofices of Mayor not ex:ee.'~i.s fiRy e r x t of t ~ , etotal !lumber
~ e as 1,lajr be ,~rescribec, ., all be reser
of ofIice of t ~ Ivlayor (, fcir t .e yerso1,s be1or:ging
to tne Backwarci Classes of citlze~ls", t h worc's ~ " &.LC' two s Lill bc re\cr\ ed for
wonlei1 " s ~ a lbel substituted.
M. M U N I R A M A N ,
SC(!.oJuq' to G O I . P ~ I S I I I C I I I ~
Lar~.Dcpa~.tnici~!.
-.
--
PRINTED AND PUBLISHED BY THE COMMISSIONER 06
S7A.I I O N E K Y A NI) I 1--l <--S --
~ ~J+N{;*
BEHALF OF THE GOVERNMI'NT O F TAMII, NAIIII.
t
~ ' i z ~ . h l l ~.I: i.?) l ~r~ii: Ti n'; 4'1N i :>!Y:!v,
I o1 z 1 tI A: 1 : 3 1 is
. ,4rs.:nl!y rrc~ivrilthe asszni of
~ 3 y for general
i ~ ~ pu3lished
iiddri?l.~tiut? :- [I
PRELIMINARY.
.'= '* -.-.=a3 -: 2 :-a ts- cs? 1 - 1 21
.
.? ^ I i
An~e~~dmeilt)
Act, 1996. . . ,&A : and cornmenee
ment. em
--A:
. (2) It s!lall come into foxe at once. L
.A. 2
i t
...'>
PART 11.
kf & .
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALI- 3b t , ,
TiES ACT, 1920.
2. f n se2tio.1 3-(2 of t'le Tznil Nadu District Municinalities Act, 1920, jtN Tamil Nadu
(lerzi,~sfteri I t'lis p:.rt rsferre.: to as the i920Act),- Act V.0f 1920
' - ( I ) in sub-section (2), tho provisg to clausg (a) s h ~ l lbe omitted; ' $)&g,"A
(2) fdr sub-qecfion (3), tho foll3wing sab-scciian shall be substituted,
ll~ll~lcly
:- . . * . - -- 4
d
* <
q $ > I ,
"(31 TII~:poisr)l~s refzrrccl to i I sub-section (2) shall b: entitled to take part in:
I
r'r: ;,. :::I 1 : ~ 3b :s3l:i n3t have th: iig:~: to v3te in the meetings of
il> 1 vljil i ~ ? . i l ~ ~ l ' t ~ . l t . ' ' ., ' I
(2) f ~ sltb-sec:
r i'ln "
! ~ ~ t t : d ,nanlcly :-
"(4) T I ~j)?CiJ.Ii
: rcf*~;i~.l (3) j l l ~ l lb3 ontitlad to take part in
to i n 31(0-~.~3:ioil
ih: prx99 1;~; b.rt s'l .I1 n3t h9v3 th: lig:~: t3 vate in the moetings
; of 1 1 1 ~Cquncil.". ..
.;:, 2 ,!.:. ,
,x 7 ' ,',i:t, t . 7 ~follo vi 1
: 1j2,;tj~).~ .;':all be SLIT).,- ;
!
I I o; s t i t( I ' I i 1 , 't t e
i,
Amendment of- 6. In sec~ion23-A of the 1920 Act, in clause (I), for the cxprcssio~l 'knd
section 23-A.: four co~ncillorselecled by the counail", the cxplession "and four councillors three
of whom shall be elected by the council frcm :mongthcmselves and one person
nominated by the Chairman frcm :mong the pel sons referred to in sub-section (3)
of section 7" shall be substituted, -7rp.k; . .- . . . .-,-2
Amendment of ' 7. In section 43-Cof the 1920 Act, in sub-section (2), for the expression
section 4 3 4 . "and the conditions cnder which such deposits may be fcrfeited" the expression
"the conditions under which such deposits may be forfeited and the nlaximum
amount of expenditure which may be incurred by candidates standing for clection as
councillor or chairman" shall be substituted,- !:
. A- .
.
L +.-
Amendment 8. In section 31-B of the 1920 Act, in sub-section , in clause (a), for
Msectlbnj the expression "as councilior", tke expression "as ctai a n or councillor"
3-B. shall be substituted. )&
Amendment of' 9. In Schedule X ofthe 1920 Act, after item 15 and tl,e entries relating
Sobcdule X. thereto, the following items and entries shall be added, namely:-
"16. Urban Planning including Town Planning.
17. Regulation of land use and construction of ,buildings. :
18. Fire Fervices.".
PART 111.
AMENDMENTS TO THE MADRAS CITY MUNICIP.AL CORPBRA'IIBN
ACT, 1919.
TWl Nadu 10. h~section 3 of the Madras City Municipal-Corporation Act, 1919, (haein
AAW of after in this part referred t o as the 1919 Act),-
1919. (a) in clause (26-B), for the expression "section 6-F", the e~prrssion"w&'h'rr
5A"1shall be substituted;
(b) clause (28) shall be omitted.
11. In section 5 of the 1919 Act,-
(1) in sub-section (2),-
(a) the proviso to clause (a) shall be omitted.
I @) for clause (c) i2clx3in~t i e ; ~ r ; , ~ i s~~e.rts t s ,t i e folloai~lgclause s?.all be
smbstituted, namely:-
""): "(c) all t i e me.nbers of the Tanil Nadu Legislative Asse~nblylepreser U I : ~
i'
L- mwtituencies which comprise wholly or partly the area of the Corporatio 1. ";
- -
(ST-- >
a - - --
-r*aI-,,,,,
IIR. (3) Any casual vacancy in the officeof the Chairman of the Wards Committoo
shall be filled ur) in such manner as may be prescribed and thechairman elected ia
any such casual vacancy shall hola o&e only so long as the person in whose place
he is elected would have been entitled to hold the office, if the vacancy had
not occured .".
16. In sectim 6-H of the 19i9 A@,-l
"45-A. Coitstruction of references to Divisiorts .-In this Act, wherever the ' expression
"Divisi3n9' or "Divisions" and "territorial Divisions'' occur, it shall be deemed to
refer to "Ward" or "Wards" respecu'vely.:'
104
_ - TA__ MIL
(______
- __ -
NADU GOVERNI,iEW T GP.LE1' I Ii bX I
- ______ --- _ L
G- -
.
-
?
a -uprrrn.w-zmri.r
\:'
2..
> [ ' < ? \z I <\
- -
rn
,mandm:nt of
section 53.
2 . In wc'ion 53 aP ti13 1913 3 , in sd--s:stion (I), i,i : .
pjrlidn, for the expression "clauses (b), (c) O J (d)", the e~i>;c.;~,i
i::
L);il
"~1.11.
.
I
b
(b) or (c)" s!l?,ll be substituted. o
ime:~z'.n~ent
of section
54-B.
22. !$I $:::ti9 I ;4-B of t'le 9 9 Act, i , su'~-sect~
siol "as a caa ~ c ; i I ~ rt"~2
~ 3 ? ('), i 1 :l \ ? l 2 - I
.
, cu,rc;si:,; " : i s M l j . , ~ . ;a (I ,,. l zli l l ~ r " -
!I, 1
rll 3
ICYI'L.
i1~~li(!liz~\.
a.
23. Ia sccr:ion 53 of the 1919 Act, in sub-scc,iL)1 ( 2 ) , XI cl,,~.sc(c) 111: cxp,c\- :(I,
sion " and c.\ndition~ iuidc, iid~icl~ such dcpxi s may 17,~ f 1 1 f .I cri", r llc. uxpic~~,lclnu
o ~ \:'t'l1 d~'11i)sits
"tllc: concl~\~onsr ~ ~ t l \VIUCII may h: Io~.lct:ccinntl f llc 11l.f,.rill Im L t ~ i ~ o u n l
of exp:nditurc w,11~,, may b,: incurred by the :,~ndidntc.; s'anc111?q11,s ~ 1 3 2i~!: a: -
Cou~lcilIvior Mnyor" s!lnll b: ,:lb;titutcd.
Om;ssio!l of 24. Tn t',e .9,9 Act, 7;'ieJulzs IX azdtX s:lall ')e o:nitted.
Schedule
IX and -
Schedule X.
A mend ment 25,In Schedule XI of :;ie 9 , 9 Act, ~ f t eitelll
r ! 5 n !:I t':e e ~tricsrtl ti1 ,; ! 2, :to,
,of Sched ule the following items a d eiltrie, shall be af'ded, fi'i.uely:-
XI.
' 1 Urbnn Planni~lg1nc1ti:'ing ?own Planni !g,
17. Regulatio 1 'of la13 llse ax! construcl il, I of 11~ii[dlhg9.
PART IV.
AMENDMENTS TO THE 1f43UR4TCI7 / i:i*;"<l.c'!P/?. 1, c'ORPOS,:T !0I\.T
AC l', 19'1 " ,. . i
Tamil Yv!n 26. In action 2 of thc: Madurai C~ty Mi~zicipril C g r p ~ r a t i o n Act, 1971
Act 1 5 of 197 , (hereinafter in this part rcfitrred to as the 1971 Act),--
( 0 ) in clausc (42-A), for the exprescion "section 10-A", the expres;isn ",t:cti,~n
5 4 9 ' shall be substituted;
185
\--:
(2) i..'ll
Each wards cornr~itL~e ccnsist of -
(a) all the cou~icillorsof the corporation representing the wards within the
territorial area of t?ie wards committee ; and
(b) tile person, if any, nominated by the Government under clause (a) of sub-
section (2) of section 5, if his name is registered as a voter within the territorial
area of the wards committee.
(3) The Government may, after consultation with the corporation from time to
time, by notificfition,alter the name, increase or diminish the area of any watda
committee specified in t:is notification issued under s,ub-section (I).".
:
29. In section 6 of the 1 971 Act, for sub-section (I), the following sub-section shall Amendmcnr
be substituted, namely :--
"(I) There shall be constitut;dsby &e Goverkent, by notification, such number
' of sectfar, --
of standing committees not exceeding three as may be specified in the not&-
cation for the purpose of exercising such powers, discharging such duties or
performing~suchfunctions as the council may delegate to them, hsgl
(I -A) The composition of Standing Committeesand the method of appointment
of Chairman and the term of office of members and Chainnan of stand*
oornmitto~sshall be suah as may be prescribed.".
30. Sections7,8,9,10 and 10.A other than saction 9-A of the 1971 Act shall
be omitted. sa~tions7, $1
9,lO aod UJI,
on of 31. For sectim 10-Bof the I971 Art, 1 he following section shall be substitad,
10-B, nemefy :-
"10-B. Ekction and term of 01:liei of Chairinan of Ward~Comfdfa.-
(1) The Chairman of the W?., d s Committee shd' be elected by the c ~ ~ ~ c ~ l l o r o
of the Wards Committee from among ll~emselveszfter fach ordinary election to t h
council in such manner as mzy be prescxibed.
e e hold office till the d d o a
(2) The Chairman of the ~ a r d s ' ~ o k m i t t shsll
of the Wards Committee.
cy i n 1 t c c Ecc ofi LCCI;;.;~n.arr of1he WardsCommittae
m7.irr.e~ e ? n :y be pr C E C I ibcd r.r.d the Cheimcn elect&
ency sIx.11 hold 1 fficr CII,!) : cl 'c r-g as the pexson in whose
uld h:.\( l ~ . c r lI I 1 i' c' c 1 't Fc.c, if the w c ~ . ~ cbyd not
1 ( 1
31. In seotion 35 of the 1971 Act, f ~ the r ax?t 3sp1)n ''clau~es(b). (c)
lvherever it occurs, the expression 'blaw:es (b) and (c)" shall be
I he 19'1 Act, . i f c .b-se- ion ( ), in be opedng portion
f
.
37. I n section 60-B of 1 he 1971 Acl ir, .L 1,- II I (1). in cl~use(P.)for the
I
M).B, expression "as a cou:lcill I,". I he expression "*: M:yo; or a Councillor " shall
he subit ituted.
a Group) 1V 2 1! (3 3)-3 r.
F
106 TAMIL NADU GOVERNMENT GAZETTE.-EXTRAC'RDIIqARY
.- . .-.--* .
---- r be,
EEimnt 38. In motion 66 of the 1971 Act, in sub-\eel ion (21, in clause (b), for the
of seotion 66. expression "and conditions under which such deposits may be forfeited", the expre-
ssion "the conditions ullder which such deposits may be forfeited and the maximum
amount of expenditure which may be incurred by the candidate$ standing for
elnotion as Councillor or hfayor" shall be substituted.
Omission of 39. 111the 1971 Act. Scliedules VIII and IX shall be omitted.
Schedules
ViII and IX. . .
Amendment of 40. In Scl~eduleX of the 1971 Act, cfter item 15 and the entries 1 el2.ring thereto,
Scbedule X. the following itoms and elltrim sl1:;ll be .added, namely:-
"1 6. Urban Plan~lingincluding Town Plandng.
-.
17. Regulation of land use and construction of buildings.
18. Fire Services".
PART V.:
AMENDMENTS TO THE COIIVI~ATORE CITY, ,MUNICLPAL CORPOl<A'l l() N
- . . ~ ACT, 1981.
Amndment ot 41. In section 2 of the Coinjbatorc Citv Municipal Corporation Act, 1961 i.. ,111
seation 2. (heleinafter in this part referxed to as the 1981 Act),-
. .
(a) in clause (42-A,), fur the oxplcssioi~ section^ 1 O . A ' ' l h c cxprct.sio~i
: a "section 5 A" shall bc subslitilted;
(b) c l a w (45) sh;rli be omitted,'
42. In fection 5 of the 1981 Act,-
(1) in sub-szction (2),-
(a) the proviso t o clause (a) shall be omitted:;
@) far clz;lse (c), i!lcl;~c!iilg the provxsothereto, the foliclu 111g~ l a u \ eshall
He; whstitutcd, naniely :-
"(c) all the memb-ss of the T ~ m iNadu
l Legislztivc Assembly represenling
coiis~itue~~cics
I\ hicli C ,mpiisc: wholly or pi:rt ly the area of 1 hc Co~l~oration.~'
;
(c) cl;l,use (d) s h ~ l lbe omitted ;
(2) after sub-sets ion (2),' he following sub-section shall be insci tcd, ~namelg:-
(7 - r 1). T i * . !?Y: :( . f * - I t d zo i!i x ~ b - ~ e ~ t i (2)
66
t h~ ~1111!lcd1 0 1:1l.c
o l l ~h:-~ll
p i t in :!G 121occudingp b ~ .;l,:.li
: lid hxve t hc right t o vole in t2 e nicc'i~~:gs of tlic
~cruncil.~'.
43. Fo! s.=c'io;z5-A of tkv 1981 Act, the following section shall be substituted, S lbstit
na inely :-
"5-.'.. Curtstitution of Wards Co~nml(te~s.--(l) Time 4-1-1b1 ::1co~lhiituted by
I Il~f,.Gov.r!:qc.~l, by ~ t , i f i a i - > \ , , . ~ . s a t $duhber of wzrds committees
homprisirig .ttrrit biial ?.rea of such num* of wards as &ay be specified in the
liodficaljon withi11the tarit, ,: ;:.: p.rea oftbe corporation.
t2) Erch wi'kas cornrnlttse s h d ebbiisti of-
l councilfws of the. corpbrktion representing the wards: within
,(a) ~ l the
the terrko. i31 area of the w?tdi con:tnitt& ;And
(b) thepersons, if a.iy, r~qninated by the-. Gover~iment under clause
b o dot secfion 5, if $s n a r d iS kegisterea as a voter withili the
< & ~ ~ ~ s p b - s e , c'(2)
tcrritbna l .ire& of trie wz.rds comtnittk.;
(3) 3 1 ~G J V ~ ~ I ItI I Im:?y,
- 3 f ? a consult?.~ion' w3.h the corpora tion
fronl time i 0 time, by nltific:,tion, alt& thk name, in&& or <imirlishtae arm
df any ivaa.rdstofirnittee qpecified in the mtijkzt?tic?nissued under sub-section (I).".
44. In >- -''an 6 of the 1981 Act, for sub-section (I), the folIowi?. ~ u ~ ~ t i oA ~nY , Ps
sh?" ht suhp:ituted, namely :-
D
~ --- -
45. Sections 7. 8, 9, 10 and 10-A70thci than section 9-A of tht 1981 Ac,
shall be omitted.
Omission
of sections
7, 8, 9, 10
and 10-A.
46. For section 10-B of the 1981 Act, the following sectlon shall bc Substitutjon
s u b t ituted, namely :- of sectior
lo-B. I
"10-B. Election and term oj office of Chuirma~z 01 Wards Committee--
(I) Tile Chairinan of the W13rds Committee shall be elected by the councillors
of the Wnrds Committee from among themselves after each ordinary election
to the council jn such manner as may be prescribed.
(2) The Chairman ctf the Wards Commirtce shal(jhold officc till the .dut.,
tion of the Wards Con~n~iltee.
49. In sect inn 36 of the 1981 Act,fcir the expr&ion "olauses (b), (c) and
curs, tlze expression "clauses (b) and (c)" shall be substituted.
50. , I AC;, after odrtion 51, ihe foliowing s'iction shall be in-
ccrted, nx::lc.ly:-
~ittie1hl~dt;itisa'$-seciioa(l),E~cl~vscta),fortheexpres- .
,tht: expression "as Mayor cr a Councillr~r" shall be substi-
108
-,.
._C__---
TAMIL NADU GOVI,RNMENT GAZEl"Ta b~ ~
**-
-- - -- *--,-I
- - v l \ u ~ i uv u ~
-- -
mendmoot of 54. In section 68 of the 1981 Act, in sub-section (2), in clausu (b),for the rxpres-
&ion 68. sion "and conditions under Which such deposits may be forfeited", the expression
"the conditions under which such deposits may be forfeited and the maximum
amount of expenditure which may be incurred by the candidates standing for
- eleotion as Councillor or Mayor" shall be substituted.
lmission of 55. In the 1981 Act, Schedules VIII and IX shall be omitted.
Obduhas
'In and IX.1
rmcndmont 'of 56. In, Schedule X of tl1t$l98 1 Act, aher i t e r ~15 and the: o~~tricsj
rcl,ttiug
chadule X. tbreto, the following items and entries shall be added, namely :-
"16. Uroan Planning includirg Town Planning.
17. Reeul?.tion of ~ P F LuSe
~ and constructioa of b~ildings.
18. Fire Services. ".
PART VI.
AMENDMENT TO THE TAMIL NADU MUNICIPAL CORPORA'I'ION LAWS
(AMENDMENT AND SPECIAL PROVLSION) ACT, 1994.
Suwtitution of 57. For sectio~
121 oft hc Ta mil N a d ~Municipa Corporttion Laws (Amendment Tamil
,cc&on 121. amJ Special Provlsio~) Act, 1941, tlw fcllowit n seciion srall tx substituted, 4ct 26
@
-.*
121. Reservation the oflices of Mayors for the members of the ~rheduled
Castes or rkrs ,Qile&Icd hnd for women.-l a) Tne Officescf the Ma yora
of tht Cor@mltiocrz :a tMs State shall b: reserved fcr tht persons belongire to the
Schedvltd Crster .,r t be Scba u lcd Tri oes and the ~lurnoerof ofRces so reserved shall
bear, a s n a ~ r l y a s m ~ y wthc
, same proportion to thetotal nr,inibrr of ot19c:s I ~ e l l
t L CJorpoatfuds in the State as the population of the Scheduled Castes in all the
wrporedoo!: In the State or the Scned L led Tribe. i v , all t DC Corporft ions in tho
*to beaR tc tbe total populrlicln of 111 the Corpcrst~orsin the St~te:
Providedthat where no office of Mayor can be reserved for the persons bdongl
to the Scheduled Castes or the Scheduled Tribes based on the total percentage
population 01 the Scheduled Castes and the Schcduied Tribes in all the Corporations,
3
one oflPce of Mayor of a Corporztion having the highest percentage of population of the
&heduled Castes and the Scheduled Tribes shall be reserved for women belonging to
Soheduld Castes or Scheduled Tribes out of the total number of offices of Mayors
rdsarved for women unQr elause (b) ;
(b) rne ORXS;.I ne ~ a ~ o r sthe i nxtate shall he reserve6 fcr wcmen a ~ the
d
nvrnbcr cf offiss s~ reserv d t ~ womc
r n ~ b lnot
l oe less t h ~ onc-third
n of thc total
mmbepof offi~es,~d i he Mayor sin thestate:
Provided that the offices of the Ma)ors reser ved unda this section shall be
allotted birotation todifferent muniapaf oorporations in t t c Statein st*chmneras
may be pcescr ibed bet01 e the ordinary elections to the mumcipal corporalions in tha
State ".
. ,
.
('
Tamil Nadu
Act 27 of 1994. . .. 58 :In: vcrion 5 of the Tiruchirappatli
. . I .
Citp Munjciprrl Oorporation Ad, ' 9
l94T-
of a
(1) in su b-section 2,- 4-
(b) for clause (c) including the proviso thereto, the followng clause shall
be substitut:d, :amel;# : .
"(c) all the membeis of the Tamil Nadu Legislative Assemblj repres-
ent ing c o ~ ~ituencies
st which cornprise who114 or partly the area of the corpo-
ration.":
(c) clavse (d) shall be omitted.
(2) atter sub-section (2 ),the following sub-section shall be inserted,
name1~:-
"(24) The persons referred to in subsection (2) sliall be entitled to
take part in t he p,.oceedings but shall not have the right to vote: in t he meetings of
the council. ".
PART-VIII.
AM ENDMENTS TO THE TIRUNELVELI UIT Y MUNICIPAL CORPORATION
ACT, 1994.
59. I n section 5 of the Tirt~nelveliCity Municipal CorporationAct, 1994,- Amendment
section 5.
(1) in sub-section 2,-
(a) the proviso to clause (a) shall be omitted ;
(b) for clause (c) including the proviso thereto, the following dause shaH
be substituted, namely :-
"(c) all the members of the Tamil Nadu Legislative Assembly repre
c nting constituencies which comprise wholly or partly the area of the m p o -
ration.";
(c) clause ( d ) shall be omitted.
(2) atter su b-section (2), the tollow ~ n g sub-section shall be inserretl,
name1q:-
"(2-A) The persons referred to m sub-sxtion (2) shall Ee entitled to
talae part in theproceedings but shaU not harc the right to voteinthe meetingsof
the couacil.".
PARTIX.
AMENDMENTS TO THE SALEM CITY MUNICIPAL CORPORATION ACT,
1994.
60. I n section 5 of the Sslem Cit~iMunicipal Corporation Act, 1994,- Tamil Nado
Act 29 of 19!
'[I) in subsection 2,-
(a) the :proviso to clause :(a) shall be omitted;
(b) for clause (c) including the proviso thereto, the following olavse shall
IN FLIbstituted , namely ;-
"(c) all the member s of the Tamil ?$ad~ Legislative Assembly repre-
sent itlo const~tuencies which comp~ ise wholly or partly the area of the corpo-
5,.
ration. ,
cl;~use(4 shall be omitted.
(c)
( ') . ~ l l t . ri \ ~ ~ l ~ - s c c( ~
I )i,o ~tho
i following suhscct ion sliall be inserted,
ti.11114 I \ )
-
I
4. .L. AAJAN,
;ecrerIIr, ' Government. Law Deoart/nenl
_ ___ , _ ------------- ---
1 1 I \ i ;i I 11) 7 f f i - CCJ>IMJ< SIONER ON BEHALF OF THE GOVERNMENT OF .rAhllL s'D'*
-- of .s r ,\TIONERYAND PRINTING, MADRAS
%
MADRAS, SATURDAY, AUGUST 31, 1996
AAVANI 16, THADHU, TH 1RUVALLUVAR AANDU-2027
Part IV-Section 2
-
Tamil Nadu Acts and O
r-
J ti.. f~lll(nxingAct of the Tamil Nadu Legislative Assembly received the assent of tha
,, , I llc ~otl, Ahgust 1996 ~ n dis hereby published for general inforniation :-
I . ( I ) T ' i s ACI niaybe callcd lllcTamil N:*duh411nicipaI Laws (Ecurth Aniend- Short title and
1 1 2 ~ v t let, 1996. wmrnewe-
ment .
(Z) I t \llall c o m c i n l o forccat once.
PART 111.
A M E ,3MENT T O THE MADRAS CITY M UNICJPAL GORPOR:l'II O N
ACT, 1919.
Amendment oi i o ~ lI ) I c ) . 111 \ub TttL1 1 1
4 . Tn section 59 of the MadrasCity M u n i ~ i p ~ ~ l C o r p o r a tAct, ', ddu
section 59. jrction (2), in clause (c), in the proviso, for the cxpressiotl "shall not c i i c ~ u ione A c l I\ i)f 191
hundred rupees ",the expression "shall not excetd six t housancl I . L Ij l : ~ ~ b" sh.\ll be
substituted.
PART 'JV.
AMBNDMENT TO THE MADURAI CITY MUNICIPAL CORI'ORATION
ACT, 1971.
A mend ment of 5. In section 66 of the Madurai City Municipal Corporalion Act, 197 1, ~n sub- 'l',umll Had
section 66. section (2), in clause (b), in the proviso, for the expression " shall not excced oilc Act 15 of
hundred rupees ",the expression "shall not excced sixthousand rupces " shall be
su bstitvted.
PART V.
AMENDMENT T O THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
Amendment of 6. In section 68 of the Coimbatore Git y Municipal aorparation Act, 1981, in Tamil k d u '
section 68. sub section (2), in clause (b), in the proviso, for the expression " shall not exceed Act 25 of 1
one hundred rupees ",the expression " shall not exceed six thousand rupees " shall
be substituted.
A. K . RAJAN,
Secretary to Government, Law Department.
-- - -.-
d n Act firther lo amend the laws reldting to the Municipalities and Municipul Corpordtions
in the State of Tamil Nudu.
Be it enacted by the bgislative Assembly of the State of Tamil Nadu.in the Forty-
eighth year of the Republic of India as follows:-
PART I.
FMLIMINA RY.
1. (1) This Act may be oalled~the~Tamil~Nsadu~Municipa1
Laws (Amendment) Act, Short title
1997. and
1
commence-
ment.
(2)(?)' Sections 12,24 and 35 sllall bedebned t o i a v e come into force on the 18th '
day of October 1996. . .. 1
I
I - :J . ; a
(b) Sections 2,3,5,6,9,10,14,21,22,26,32, 33, 37, 43, 44 and 45 shall be &-. 4
deemed to hzve cclnle into force cn the 14th day of November 1996.
3. In scclion 7 of the 1920 Act, in sub-section (3), clacse (a) shall be omitted. Amendment. '
of section 7;
4. tn section 23-A of the 1920 Act' in clause(l), for the expression "and four Amendmmt-
councillors three of whom .,hall be elected by the council from among themselves and of s e c t i o ~ 'Z
one person nolllinetcd by the Ch~irmanfrom amongthc persons referred to :.* sub-section 23-A. 3
(3) of section 7", the expression '' end four councillors selectesl by the council" shall be
substituted.
5. 111~ e c t i 24-Bof
~n t h: 1920 Act, in srb-section (2), clause(b)shall beomitted. Amend m a t
of section
24-B.
6. In sect ion 50-A of the 1920 Act,- Amendment
of section
50 A
(1) in sub-section (]),--
(i) the expression "2nd every persc.n nominated und,r~cl;.~.se( 8 ) ~f SL k-sect ic.11
(2) of section 3-C or clause (a) of su b-section (3) of sect ion 7, as the case may be", shall
be ornitted ;
(ii) for the exprcs-sion,
"elected as a councillor of
nominated under clause (a) of sub-section
(2) of sect io113-C or under clause (a) of sub-section
(3) of section 7, as representative in",
12) in sub-se ction (2), the expression "or sits as a representative nominated ~ n erd
1
clause a) of sub-section (2) of section 3-C or unc'er cla~lse(a) of sub-section (3) of section
7" sha 1 be omitted.
Insertion of 7. After section 117 of th e 1920 Act, the following !,ecLion shall ba insprrted, namely:-
nkw section
117-A.
"1 17-A. to ussess in case oJ escape jrorn assessment :- Notwithstanding
anything to the conirarv contained in this Act or the rules madd e thereunder' if' for any
_
rezsorl any person liable to pay any of the taxes or fe:: leviable under this Chapter has
escaped assessment in any half-year or year cr bas been sssessed in any half year or
year at arate 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 bililding or land
conoerned having escaped proper determination of its annual valve' the commissioner
. may, at any time witbin 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 era :and
demanding payment thereo; within Eftem days from thedate of such service; and the
provisions of this Act and therulesmade thereunder shall so far as may beapply as if the
assessment was made in tbe half year or year to which the tax or iee relates".
Amendment 8. In section 375 of the 1920 Act, for sub-section (2), the following sub-section
d o n
af sUll be substituted, neme1y:-
msc
" 2)
6, The Special OEcers appointed under sub-section (1) in respect of
and B v~nisagar municipalitiesamd Yercaud T o m Panchayst shall bold oficeupto the
Courtallam
30th day of June 1997 or for such shorter period as the State Government may, by noti-
$ b a t h , specify in this behalf*'.
, .
, s PART 111.1
* AMENDMENTS TO THE CHEMNAI CITY MUNICIBAL CORPORATION i
.. . ACT, 1919.
Amendment 9. Inwtion 5 of the. Chemai Municipal Corporation :Act, 1919 (hereinafter T a d
ofsection in ~ 1 spart referrred to as the 1919 Act) in sub-section (2), clause (a) shall be ~ c t
3. ornined.
Ama$ment 10. In section 5-A of the 1919 Act, in sub -section (2), clause (b) shall be t
of secuon omitted.
*A,
Amendmen'if
*
*
11. In section 6-A of the 1919 Act, in sub-section (I), for the words '(nit
!
i
of section 4 excceding three" the words "not exceeding six " shall be substituted. 1
L
6-A. t
Amendment 12. In section of the 19 19 Act, for sub section (3), the following sub-sections
of section shall be substituted, namely :-
29. ,. ,
"(3) The Deputy Mayor shall hold office for period of five years from the date
of his election and he shall continue as such D e p t y Mayor, provided that in the meantime
he does not ceases to be a councillor.
(4) Any casual vacallcy in t h e office of the Deputy Mayor shall be filled by
a fresh election helG ia accordance with such proced we a.s may be prescribed ar?. a
person elected as Deputy Mayor if any such vacancy shall enter. upon office forthwith
and hold office only so lor g as the person ir, whose place he is elected would have
been entitled- to hold ofice if the vacancy had not occurre:i".
i
- - .- - -
-. -- ..-- .
.", - .
TAMIL NADU GOVERNMENT GAZETTE EXTMORDINARY 13 -'
13. After section 37 of the 1919 Act, the following section shall be inserted, Insertion of
namely :- new section
37-A ..
"37-A. Entrustment of additional functions to Mayor :- The State Govern-
I
meat may, subject to the provis~nsof this Act and the rules made thereunder by no- I
tification, entrust to the Mayor such additional functions as it may deem necessary for
carrying out the purposes of this Act".
14. In section 53-A of the 1919 Act,- Amendmoat
. of section
53-A ...
(1) in sub-section(l),--
(i) the expression "and every persbn nominated under clause (a) of sub-
section (2) of section 5." shall be omitted;
(ii) for the expression,-
"elected as a councillor of
nominated under clause (a) of sub-section
(2).of sectiorl 5 as a representative in",
the expresston "elected as .A LQU~,C::~C; of " shall be substituted;
(2) in sub-section (2 1, the expression "or sits as a representative nominatqd
under clause (a) of sub-section (2) of section 5," shall be omitted. ' 4,
!
15. For section 73. of the 1919 Act, the following section shall be substituted Substitution,
namely :- , %
of section '
,,
78.
"78. Powers of several authorities to sanction estimates:-The mone$ary Sidt *.
fof sanction of any estimate by several municipal authorities of the corporation shall
be such as may be prescribed and such monetary limit shall not exceed fiRy lakhs of I.
rupees". P
~ cIV
t ,of 1 "(2) No contract involving an exp:nditure exceedingtho monitaiy limit pib.
919. scrib:d under section 78 shall b: mnde by the municpal authorities of the wrporatioh
otherwise than as may bs prescribed."
18. For sestion 82 of the 1919 Act, the following section shall be substituted, Substitution .
namely:- of section 82.
"82. Invitation of tenders:-(I) Atleast seven days before entering into any
contract for the exextion of any work or the supply of any materials or goods which
will i ~ v ? l v : ?? c-;q:lditure evceeding ten thmsand rupees the Commissioner shall
givz n~ii,.: by a;v;rtisem:i~t invitie tenders for such contract.
(2) The Co~nmissionsron receipt of the tenders in respect lof any contract
mad? in pxsuanzz of the notix given under sab-section (1) may, subject to._the
l*-.. provision
of section 80 and the rules made thereunder, accept the tender after following [the
procedure as may be prescribed.".!
19. Tn s2:tion 85 of the 1919 Act, in sub-section (3), for clause (c) , the Amendment
folls~ingC!?JS? sllall b: sub-tituteci,fnam:ly:- of section 856
"(c) A 7 3 1intm:nts i3 all p ~ t inzlludzd
s in Class 111 and in Clasq IV and to
t i?:lud:l shall b: r n l k by ths appsintm:nts Cornnittee consisting
all oth:r p ~ j ni ~s~
of ths May?r, ths Comaission:r and tws c~uazillorselected by the council, which
shall b: estab!ish:d fix th: cxpxation ssbjszt to ths by-laws if any, made by the
council.".
20. In s5:tion :37-B of the 1919 Act, for the expression "three years", the Amendment
expression "six years" shall 1): substituted./ of section ,
137-B.
t4 TAM% NADU GOVE3RNMENI GAZETTE EXTRAORDINARY -,
-- __C_
- -------- ---- .- - _ - - A
PART IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT. 1971.
Amendment 21. In section 5 of the Madurai City Municipal (:orporetion Act, 1971 (hereinafter 1 alnil E
of section 5. in this part referred to as the 1971 Act), in sub-section (%), clause (a) shall be Ac' ''
omitted. 19711,
Amendment 22. In section 5-A of the 1971 Act, in subsection (?), clause (b) shall be
of =ti on omitted.
5-A.
Amendment 23. In section 6 of the 1971 Act, ir, snh-section (1) , for the expression "not
of section 6. exceeding three", the expression "not exceeding six' shall be substituted.
Amendment 24. In section 30 of the 1971 Act, for sub-section (3), the following sub-sections
of''wfion 30. shall be substituted, namely :-
"(3) The Deputy Mayor shall hold office [or a period of five years from the
date of his elction and he shall continue,as such Deputy Mayor, pro7:ided that in the
meantime he does not cease to be a councillor.
(4) Any casual vacancy in the office of the Jleputy Mayor shall be filled by
a fresh election held in accordance with such procedule as may be prescribed and a per-
. , . * ,
. . son, elected as Deputy Mayor in any. such vacancy shall enter upon office forthwith
I .
and hold ofice only so long as the person in whose place he is elected would have
been entitled to hold office, if the vacancy had not occurred."
~nsertidnof 25. After section 38 bf the 1971 Act, the following section shall be inserted,
new section namely :-
38-A.
"38-A. Entrustment of additional functions to Mayor.-- The Government vm~l?
may, subject to the provisions of this Act and the rules made thereunder, by notifi- ct 25 (
cation, entrust to the Mayor such additional functions as it may deem necessary for MI.
carrying out the purposes of this Act.".
Amendment 26. In section 59 of the 1971 Act,-
of section 59.
(1) in sub-section (I),--
(i) the expression "end every per son nominittcd under clause (a) of sub-section
(2) of section .C " shall be omitted: -
(ii) for the expression :
"elected as a councillor of/
nominated under clause (a) of sub-section
(2) of section 5 as a representative in",
the expression "elected as a co~ncillor of" shall bc substituted: ,
(2) in sub-section (2), the expression "or sits as s representative nominated under
clause (a) of sub-scetion (2) of section 5" shall be omitted.
Substitution 27. For section 97 of the 1971 Act, following section shall be substituted,
of section 97. namely :-
"97. Powers of several authorities to sanction estimates.-The monetary limit
for sanction of any estimate by several municipal autllorities of' the corporation shall
be such as may be prescribed and such monetary limit shall not exceed twenty five lakhs
of rupees".
Omission of ' 28. Section 98 of the 1971 Act, shall be omitted.
d n n 98.
TA MTL NADV GOVERNMENT WZETZrE EXTRAORDINARY I6
-- -. 3- - --
I
29. Tn section 99 of the 1971 Act, for sub-section (2), the following suf%sectfbnAmendifltnt OF
shall be substituted ,namely:- se&ion+993
"(2) No contract involing an expenditure exceedifig the monetary limit pre-
scribed under section 97 shall be made by the municipal authorties of the corporation
otherwise than as may be prescribed".
30. For section 101 of the 1971 Act, the following section shall be substituted, substitution of
namely :- section 101.
" 101. lnvitation of tenders :-(1) Atleast seven days beforr entering into any
contract for the execution ot'any work or the supply of any materials of goods which
will involve an expenditulre exceeding five thousand ruppees, the Commissioner shall
give notice by advertisement invitihg tenders for sllch contract.
(2) The Commissioner 011 receipt of the tenders in respect of any contract
made In pursuance of the notice gen under wub-.section(I) may, subject to tilt: provisions
of szztion 93 and the 1.~1;s made tnereur,der a-,ecept the tender after following the
the procedure as may b,: prescribed".
3 1. In section 168 01 the 1971 Act, for the expression "three yers" the cxpres- Amendment of ,
sion "six years" shall b~: substituted, section 163.
Taiuil Nadu 32. In section 5 of tile Coimabatore City Municipal Corpraton Act, 1981 (here-in Amendment
~~t 25 of after i n this Fart referred to a j the 1981 Act), in sllb-section (2), clause (a) shall be of section 5.
199 1 orn~tted.
i Amendment
33. In stction 5-A of the 1981 Act, in sub-section (2), clause (b) shall be
I 1
omitted. of section
I
1 5-A
1 / I
34. In section 6 of the 1981 Act, in sub-section (I), fok the expression "not " Amendment
/ exceed~ngtiiree"t11e expression "not exceeding six" shall be substituted. of section 6.
L 35. 111 section 30 of the 1981 Act, for sub-section (3), the following sub-sections Amendment
shall be substituted namely :- section 30.
-'(3) The Deputy Mayor shall1 hold ofice for a period of five years from the
dntc uC hi clectron and he shall continue as such Deputy Mayor provided that in the
mcan time lic: does not cease to be a councillor.
(4) Any casual vacany iil the office of the Deputy Mayor shall be filled by.a
fresh t l x ~ i o nheld in accordance with such procedilre as may be prescribed and a,person
clcctc..i I),:p~~ly Mayc~ any such vancay shrill enter upon office fo:tl1 with and hold
oftic; !)ill! ~.)l:)iig:IS the pxson inwhose place he is elected would liavi: be:il entitle to hold
oficc, l i ' t i t i ' va.,:ay h.::' n - t qrovrred.
ih \I \ec[~on39 ol the 198 1 Act, the following section shall be inerted, namely - Insertion of
new section
39-A.
1) / \ E~lstrusttnznt of additional functions to Mayor:-The Gsvernment may
subject to Lne provlslon s c ~ this
f Act is the rules made thereunder by notifiction theirust
to thc hilayor such addl onal functions as it may deem necessary for carrying out the
I'L".po"" c)! tlll5 P,ct".
(A Grcup) IV-7 I;x. (89)-3
-
-
16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
--- - - - - --- -- -. -..-.-.--...-.
-- - . -*-
-I--o-
h ~ n c ~ ~ t l ~ ~ i c37.
~ i l 111 S C ~ : ~ I O I 01
I 01' ~ I I CI O H I Act,-
of scctio~i0 1.
(1) in sub-section (I),--
(i) the expression " and every persoil nominated undpr caluse (a) of sub
section (2) of section 5" shall be omitted::
(ii) for the expression--
"elected as a councillor of/
nominated under clause (a) uf sub-seclion
(2) of section 5 as a representative in"
the expression "elected as a councillor of" shall be substituted:
(2) in sub-section (2), the expression "or sits as at reprsentative nomi!?ated under
"Itlause (a) of sub-section (2) of section 5" shall be omitted.
I
Substitution 38. For section 99 of the 1981 Act, the following section shall be substituted
1I of section 99 namely :-
"99. Powers of several authorities to sanction estimates.-The monetary limit
I for sanction of any estimate by several municipal authorities of the corporations shall
1: be such as may be prescribed and such monetary limit shall not exceed twenty-five lakhs
Omission of of rupees."
Mion100. 39. Section 100 of the 1981 Act shall be omitted.
'I
Amendment of 40. In section 101 of the 1981 Act for sub-se~tion(2), the fdlowing sub-sectioll
section 101. shall 5e substituted nane1y.-
$
"(2) No contract involving an ependiture exceeding the monetary limit prescribed
/
'I!Q
1 under section 99 shall be made by the minicipal authorites of the corporation otherwise
than as may be prescribed.".
i
1;
Substitution 41. For section 103 of the 1981 Act, the following section shall be substituted,
, of section 103 namely :-
I
"103 Invitation of tenders.-Atleast sevene days bfol-e entering into any contract
for the execution of any work or the supply of any materials or goods, which will involve
an expenditure exceeding five thousand rupees, the Commissioner shall give notice by
I advertisment inviting tenders for such contract.
(2) The Commissioner on receipt of the tenders in lespect of any contract made
in pursuance of the notice gi$n under sub-section (1) may subject to the provisions of
section 101 and thewles made there~mder,accept the tender after the following procedure
as may be prescribed."
Amendment of 42. In section 168 ol the 1981 Act, for he expression "three years", tl-e
section 168. expression "six years" shall be substitutcd,
PART VI.
AMENDMENT TO THE TIRUCHIRAPPALLT CITY MUNICIPAL
CORPORATION ACT, 1994. '
Amendment ot 43. In section 5 of the Tiruchirappalli City Municipal Corporation Act, Tamil Kadu
section 5. 1994, in sub-section (2), clause (a) shall be omitted, Act 27 of 1991
PART VII.
AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION
ACT, 1994.
Amdnement ot 44. In section 5 of the Tirunelveli City Mi~ilicipal Corporation Act, 1994, Tamil ~~d~
section 5, in sub-section (2), clause (a) shall be omitted, Act 28 of 199.
I TAMIL NADU GOVERNMENT GAZETTE PXTRBORDINARY 17
- - A --- -- -- --- -- - - -
T ti>,I 'V,I(ILI 45. In section 5 of the Salem City Municipal Corporation Act, 1994, in Amendment of
1991. sub section ( 2 ) , clause (a) shall be omitted. section 5.
Tsini~'w ~~1( i 46. (1) The Tain~iNadu Ivlunicipal Corporation Laws (Amendment) Ordinance Repeal and
I 1.: i f 1996, the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 and savings.
19%. the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 1396 are hereby
Tatni' 'u'.i~lu repealed. $
Ord1n:i1ice8
ef 1996. 1
Tam11 Wadu
Ordinance 12
of 1996.
Tam11N ~ d u (2) Notwithstanding the repeal under sub-section (I), anything done
0rd11i,w:: 5 or any Action taken under the Principal Act, as amended by the Tamil Nadu
of 1996. Municipal Corporation Lass (Amendment) Ordinance, 1996, the Tamil Nadu
Tamil V'idu Munici~al Laws (Fifth An~endment) Ordinance, i996 and the Tamil Nadu
Ord~l:~~ncc8 Municipal Laws (Sixth Amendment) Ordinance, 1996, with effect from the 18th
of 1996. October L996, 14th Novembx 1996 and 27th December 1996, as the case may be,
T;irn~INadu shall be deemed to have been done or taken under the Principal Act, as amended
Ordinance 12 by this Act.
of 1996.
(By order of the Governor.)
A, K. RAJAN,
Secretary to Government, Law Department.
Th: fol1ow;ng Act of th: F a 11il N d u L,:glsi3! vr Ansc I?biy i.cc:ivccl t!~; nsscnt
of th: GJV:~II?S 011 thr: 17111 Ko.~enibir 1?37 and i5 hlrcby published
Tor g:i::.:rl i~lfor,natio:l:-
A( I' N o . 65 OF 189 7.
1. ( l ) rl".li; .\<:t .:I-:_:5 2 sJ1l : .l ;lie Ta!nii N:.tf,~:41:i:~i..il~?.l :.,::;<s (42,:3n3 Amend- Shoat title and
.;cent) As!, :S?7. commencement*
n
, . Substitution of
. ., ' . L , ' ; 1 :; :;(' J ".!: , :: - ) ,,I :. ,? 3 -):.::i \ 1
- (:12>s>,r:2i: iil tilis sectlons 99, 100,
L:?, \.j
- ,. .,' . ., ,
.' !): i ?' ..# ,: L 1; i Ii > 'i ;, , I' j : s:;ti,;:ls ?2, !3 ), i J i-, : d. ? , Idj, id.!, ld5, 106, lo 1, 102, 103,
I , , , ,', I . . .1 i ;j, I : ' 8 ! :/: 1.5 ; :;'i.* l i ,:,I:!! ' ~ 2; l');;{i; ; i >'J, :l?l,i?l?ly :-
104, 105, 106:
107, 108, 108-4;
- ,) >
.
, .?
'
,, . . -:, . ,. :, , .- .
>
. : , . , I . i i l c i l g s and 109.
, j , ' . 1 <-'i:.-.
<,:;:!I[
, .,
i.1
,: ? ,. . .
1'
. .
:
,
.
\
: ,I:,
.
' : 1 -:,
I
.
,. . . I . ,
1,-! I;:IL
:: ~ l i i ~ i : ~3nc:: a i !il ~y 5:
s:l:;l
s,lc:l :\:t::ils n3
prcjci-i'o:d,
~ n l yl x presci-ibsd for thc
:1 ret!lrn
% . . !l ' , . ,.I:. . ... - 1 . >.,;,::;y stu t j t'12 s z i j i ) i ' r I ing or 1,mcl.
--
-Pr -_Ce
-.
101. Determination of .b ?sic property tax, additional basic properly tcrs, erc., bJ,
Council-.(i) The bssic property tax, the additional basic property tax and tha-
concession, if any, with regard to the ages.for every building o r lznd shall be deter-
mined by the Council srbject to the mil lmum and maximum rates prescribed b)
the State Government under section 100,
(2) The Council shall notify the rates determined under sub-section (I) an&
such other particulars ai~dit1 such manner as may be prescribed.
(3) (i) (a).The basic property tax for every building-shall relate to the carpet
area of the buildlng and its usage:
Provided thet the carpet area of ar y brilding shall itof incliide the ope=
verandah, a open court-ysrd or any other open space which is not enclosed.
(b) The classification cf the bvilding for the purpose of deciding the usage -
of any builtiing shall be residential. contmercial; industrial c r any other classificnti~n
as may be prescribed.
- A-.- ---
- - - -r"--__L---
'TAMLL NADU GOVERNMENT'
-- -
GAZETTE EXTRAORDINARY
-- - . ----- -- - - . --
- -- - - .- - - - I - - -
331
fii)
(a) The additionr+lbxic property t,:x fcr cv2r;- '-1i1Ji:lg s!lall relate to
l o c ~ t i o nand type ~f collstrilction ~f the b:lilding
(b) For t l ~ cpurpose of this cl:x'sc, the Icc,:ticil c f tiic bzildin: shell be
clLissi%edas follows :-
(A) arterinl r o ~ d j ,:)LS S C U ~ C~ c i s tc
~ ~i.xdi,lg ;;;csi,.l rc::ds 2nd maYn
roads ;
(U) bus-route ro: ds c i l s r than thosc s?ccii"led in i t c n (A) ;
~
1
(A) thatched ant! tiled r w f ' ;
f B) reinforced cc ncrcte, ce~nentrci f ;
, ,
I
ps~:v;ri>:cl
. . .
l"ro\:itizd tilat n3 baildine wilicjl ];as ')C;~I c ..;.;t~~.lc:~:c: i:l cc r~ir~vc!~tion
of the
'~:.ildit~g,i.illcsn1;:tle under this Act sh;:ll b-: css,:.::c(! t:, p::\;7erty tr.s.
:* , ~ r c r r ? . l f ; o ~--For
pu .pqse of this sub-see :ion, tllc cxpres~ioll "h?lf-year"
~. thr
,I: i:! !i: tile 1st day of A p ~ i lto t l ~ c30th d::y of Scpte.:-.bct 2nd lsom the
f;
k: ' :! I r c'ci )her to ti12 31s day of March of o ycar:
. q -
I 3
-d 3 -
3 3 ) ---2
. i
103. General revision o f ttroper:y tux.-.TI-o general revision of the a%sessmcnt
oi property tax in rclation to the building and land situated within the City limit
shall be made from such date as the State Gownment may, by notification,
the Commissioner may revise the property tax in accordance with the provision%
of this Act and the rules made thereunder :
Provided that t k r e shall be an interval of five years between one general revisioa
and anothe~ general revision.
104. ~elzeralexemptions.-Tho following buildings and lands shalt be ewm*
from the property tax:
(a) places set apart fcr public worshiptand either actually so used or useif
for no othcr purpose ;
(b) choultries for the occupation of which no rent is charged and choult~ks
the rent charged for the occupation of which is used exclusively for charitabb
purpom ;
(c) buildings used for c ducational' purpose including hostels attached
t M t 6 and place6 used for the chatitable purpose of sheltering .the destitute 0~
animals and orphanages, homes and schools for the deaf and dumb, asyhm
fa) die a@&and fallea womeh and suCh similar institutions run pUr6Iy on p h i W
thropic lines as are approvcd by the council ;.
a ($2) such ancibht mofiumehts protehed undbr the Aficient W~qumentgCentral
~&ivation[ h t , 1904 atid such allciedt hid. bistdri~al monumeht3 decked; b ' ib WIl at lm
under the Ancient Monuments and Archatological Sites and Remains Adt: 4!J8 Ce-4 A*?'
fG be of national importance and also such ancient monuments , and srrehaeob@m~ 21 d t 9 ~ ~ .
sites and n.mains protected under the Tamil Nadu Ancient and Histor~ca)
MofidmdntJ and A ~ c h a ~ l o ~ cSitn
a l and. .Rkjrnsi*s Act, 1966, w parts (Rereof
as are not used as residgntial quarters or puBlia office ;
2:; %
:.
(e) charitable hospitals and dispensaries but not including lesidential
quarters attached thereto ;
( j ) such hospitals and dispensarieS najntaired by rcilwey administtktba
as may, from time to time, be notified by the State Government, but not including
residential quarters attached thereto ;
(g) bulial and burning grounds iaolbdedjn the list yubtishcd by the Com.rr~i.s-
siorier unifer sub-section (3) of scction 321 ;
(h) the bed of the Cooum, the bed of the Adyar, the Buckingham canal.
Odvernmebt lands set apatt free for recreation purposes and all such 0 t h
Government property being ncither buildings nor land trom which in the opinmr
of the State Government any income wuld be derived as may, from timc to timc,
be notified by the State Government :
P r o v i d ~that the Government does not derive any income f -om such beds :
Provided further that nothing contained in clauses (a), (c) and le) shall ,be
deemed to exempt any building or land from property tax fcr which rent o r service
charge is payable by tho person using the same for th.: purposes referrecl to in
the said clauses.
105. Power to rectify error apparent on the face o f the r'ec:ord-- (1) The
Commissioner may, on his own motion or on an application made at any time
withi.1 six months from the d~te of any order passed by him rectify any error
apparent on the face of the rzcord:
Prox~idedthat no such rectification which has the effect of enhancing an assess-
ment, shall be made unkrs such authority has given notiw to tke assesseu. and has .
allowed him a ~easonabk o~poitunityof being heard.
(2) Where such mtification has the effect of r~jduc~ag an assessinent, tile
-excess amount if any paid by the assessee shall be adjusted towards any tax.
that may accrue in future.
106. Levy of 8w.- (1) W!~?rea gsrsoh feih to ptwthc pPoprtY tax witbin.
the time specified, the Comrmssioner shat i M p o a ~ upon him, by way of. fine 9
sunq a fixed by the council in this behalf in accordslna: mith such rules as may
be prescribed.
. -
-L
-
--
TAMIL NADU GOVERNMENT GAZETTE E X ~ R A ~ R D T P J A R Y
- -- -- - I _
333;
4
(iii) T l ~ cTrib:in:~lshall diqose of the appeal within five months from the
-
date of filing of the aooeal.
1
. 1.;;
-*. .
'
(iv) Any perso11 preferrinz an appeal may either appear in [person os -.;. 3
tllrough an au thorised agent before the Tribunal. :5 t
4
(v) 'The gist of tllc order passcd in an apper l shall be recorded in the-
--
1
register whic!l shjli be duly attested by the Tribun2.1 and a copy of the order shall *
(9) Wht-lc: nc :? result c f ally nrder p~sqedin 2-ppeal, any amount already
dcpositecl i,; in c\ccjc ~r thc t ~ xdue, the diffcrence zfter deducting the tax due
l l ;~dji~slt.tlLOW;~IYLS the tax and fine due, in respect of any other pertod,
s h ~ ~be
to the corlvrat ic,ll."
3. 11- szctioil 31s crf thc 1919 . k t , clauses (a) and (b) shall bc omitted. , Amendment of
, sectionI348. d-
Qn the T~f~nicipahty thc exz: tivc: authsii'y or ?,nj c &;ei ::idtll~risedLy Ililil in this
1.
behalf may enter, inspect, s:;rvey and moesure any b: iIc';ng cr Irtlld, r.fter giving
due notice to the owner o r occupier berose s i i ~ hiny:sticil ?nd tkc ow:ler cr cccu-
pier shall be bzund to furnish nesesszry iilfsrnlat~onrcq 'red fcr 15; p:,rpcse.
1% 17) The p r ~ p ~ r ttlii
I
-
335
. -
(b) additional b ~ s i cproperty tax for every building havi112 regard to--
(i) the location of rhe building ;
(ii) the type of construction of the buildin? ;
(D) :granite, ceramic tiles and marble flccring and walls partly or f t . 1 1 ~ .
(iii) A concession on the basic propeity tax shall be allowed in calculating
t ~ l epr~pu'rtytL!x having regard to the age of the btlilding, in such manner a s mey be
orescribod.
84. Asse.sstneltr and cdfculution 0.f property tax:--(l) For the purpose of levy
ofproperty Lax, every building s hall be assessed together with its sites and
other ,idj:Lce~~t
premises occupied as an appurtenance thereto :
P r , , v ~tlcd I i ~ I I~~ building
t >vltichhas been constriicted in contraventicn c t the
bi::ltiiltg tinder this \ct shcll be nssessecl to property tax.
I ,I Ivc, ,>I~ d c I
87,88, 89, 90
and 91.
"81. Levy of propertytax-(1) The property tax shall be Icb~cdon 2.11 buildingS
and lands within the Municipality.
(2) (a) I n relation to any b:lilding newly c2nstri:cicd c r >,srhererl.ny addition
dr alteration has beeil made to ally exisiing b.iilding, the ,,wacr r cccl.,picr of such
buildings ;
(b) where the title uf b~ildingor 1;1!1d is tr:?~sfcrred, s~;c!i t r ~~isfcl-ee
(c) in relatian to all j b I iWiag ur lrvl.,,
. .
r.t L . L ~ :, ..; (jf ('
;
'upon the s3id b~ildinl:cr 1:xnd ::nd upz~nthe rnnvable :?ii,lerl:l if m y C~:,;nd wjthin
o r upon such lx~ildingor l2ed rand belonging to tlie peij 2: litlble lo pzy t:c.
i.1
L-- 4
-1
bn:ic. l;;.y1c, 9 Ills,
82. Mirzinluni c!;z!l 1:?7.~i:?:.:i)? ha5ic p-opcrty fax, c:(I(. :ii:;~?(lJ
etc.-Tile St~.te Govenl:t~c:~t,sliizll prescribe tlie miilii :I! IX aiid 11:~ ill;:xilnum
mtcs of-
. ,. _ (a) bzsic pi'cp>ri-y ;:I:; tilc 5:rildiug o; liand I:,sviLlg;.L;~;:I ., t,,\--
0 .
Provided that notiling contarned in clauses (a), (c) and (e) shall be
doc: .cd to exeilxpt any Flrilding or land frc-1-1 prop-rty t:!~ f c r which rent or ser-
b vlcu cl~~irge is payable by tll9 person csing tllc sanw f o ~the purposes referrad to 1,)
tho \%lidclauses.
b7. Powrr to rectify error apyurenr on the face oflhe ~.ecord-
(1) The executive authority may, on lis own motion or on an application
at any time within six months from the date of any order passed by him
~~l,~cic.
rectif! any error sppare~:t on the face of the record : . .
'
PI-ovibdtli:lt no sucll rectification which nas the effect of enhancing an as5ess-
l l ~ c n i ,\hall be ]lade unleb\ such ai thority has given 1;otice to the asse,ssee and has
dl \\idhi I a reasonable opportunity cf being heard.
(2) Wll0i.3 \UCII r ~ ~ t i f i c ~ i t i o ~ tllr:
l cl~i'ct bf ! ~ ( i ~ ~ ~ilr~
i l ~l LgC ; : I I I ~ I I ~ , the
escc,\ ,~~llount i f any p lid by the as\ess.:e shall be atljusted towards any tax
t ll.ii .:y a c ~ r u cI 11 f~!ture.
b 8 . Lely uf Ji1w.-(1.) Where a person fails to pay tht. property tax within t b
t~iutspecified, tho executive authority shall impose upon him, by way of fine a sum
a? fi~edby the lilunicipal council in this behalf in accordance with sub., iates a5 nlaj
be prescribed.
( 2 ) On vsrificatioil of the return filed by the owner or occupier of the
built1 r116c r la lc! ,.fter thc .sue of the prcperty tzx b- ,-k, the executive al~thority
]nay. if he is satisfied that the owner c r cccupier wilf: lly filed false return, the
executive authcrity may cmse reassessment of such prcperty and direct the owrler
o r I-mupier tc pay, in i.d.~itionto the tax assess:d, by way cf fine, a sum which
s l ~ ~be
~ lcne
l hundred per cent cf the difference in the tax due :
Provided that no fine mder this su b-section shall be ilnposed vnless the G wner
or occupier affected has had a reasonable opportunity of showing cause against
zucl~i1np8 siticn.
11o1satisfird with the asessment order made by the executive authority under this
Act i\tl,er than the orders relating to the dvty on transfer o i proverty,-
I
(i) for every town pmchayat oonsisting of the Chairman of the municipal
cl ,I ncil who sh:lll be the ('hairman of the Taxation Appeals Committee and sucl?
,,umber of members as may be notified by the State Government from among tile
n~cmlxrs , ~ fthe town panchaqat;
(11) for every milnicir'ality, consisting of the Chgrman of the municipat
LL r i 11 w ~ also be the Chairman of the Taxation Appeals Committee and fo~:r
I shall
( ,:11ls:rb e:ected by the c:ounciI.
( 3 , rile business of the Taxation Appeals Committee shall be transacted in
E'LIICI: ~ i t l the
i rules made by the State Gvvernrnent in this behalf.
( a ) the heqding "As~essmentof the property tax" .and the r~lles 6 to 15 Amndmafi 04
, , L : ~ cutlde~ s41rll be om~tted ;
Schedule IV.
(1.) 11.c Ilc;~dinp"Apl eols" alld tllc r1llc<23 to 28-A thereunder shall be
--- - - - - -
- -__.I___I__- ---- - -- -- 1
a
.
PART Iv. I
i
MENDMENTS TO THE MADURAI CITY M UN.CIPAJ. CORPORATION
ACT, 1971.
7. In the Madarai City Municipal Corporation Act, 1971 (l~ereafteriil this - ~~d~ A,-.-.
Part &erred to as the 1971 Act), for sections 120, 121, 122, 123, 124, 125, 126, 1 27 15 of 1971. !
128, 129. 130 and 13 1 , tile f*:)llowingsections shall be sub~tituted,namely :-
la 129.
and 131.
no
120. Levy of property tax.-(1) The :property tax shall be ]?vied on all
buildings and laads within the City.
(2) (a) In relation to any buildiq newly construc;ted or where any addition
or alteration has been made to any existlng building the owner er occ~~pier of szlch
bilildings ;
(b) where the title of any building or land -istra asferred, sr ch rran~feree;
(a) in relation to any building or land, in the event of death of thc pecrsoa
primarily liable to the payment of property tax,the perscn on whom the property is
trapsfemxi;
shall furnish to the Comrnissio~lerwithin such date as may be prwribod, a retura
for suoh building or land containing such details as may ba prescribad for the
a s m n t or reassessment of the property tax to the said building or h d .
(3) In the case of reassessmen! or general revkon or any property tax lavbbk
under this Act, the owner or owupler of any building or land shall furnish to ths
aCommissior,er within such time as may be p r d b o d , a return in such form con-
taining such details as may be prescribed for the assessment of propexty to such
brilding or land.
(4) If ak, -wner or occupier of any building or land fails to furnish a return
as required under sub-section (2) or sub-section (3) or f~rnishesan inccmplete or
incorrect return, the Commissioner or any person authorised by him in this behelf,
shall cacse an inspection to be made and also to make such lccal enqLiries as
may be considered necessary, and based on such illspection and information
collected, shall prepare a return anti a copy of the retc:.n shall be f:irnished to the
owner or occupier of the building or land.
(5) On receipt of a retsrn urrder sub-section (2) or ,sub-section (3) or on
the basis of the ret:lrn prepared by the Commissioner under sub-section (4) and
after oonsidering the objeotions, if any, received, the Commissioner shall determine
the tax payable in amrdance with the provisions of this Act an3 &all send an
intimatioa to that effect to the person concerned.
(6) For the purpose of assessment of property tax for any building or laud
in the City, the Commissioner or m y officer authorised by him in this behalf may
imter, inspect, survey and measure any building or land, after giving d ~ notice
e
to the owner or occupier before such inspection and the owner or occupier shall be
bound to furnish necessary information required
- for this purpose.
- -
k k
(7) The p r o p e q tax on building and land snall, subject.to the prior paymeat
of the land revenue, if any, due to the Government themn, be a h t charge
upon the said building or land and upon the movable property if any f o ~ n dwit hi^
o r upon such b~ildingor land and belonging to the person liable to pay tax.
(3) (i) (a) The basic Property tax for every building shall relate to the carpet
area of the bllrldlng and its usage :
Provided that the carpet area of any building shall not inclrde the open verandah,
open court-yard or any other Open space which is not enclosed.
(b) The classifioation of the bvikling for the purpose of teciding the usage
of any buildir g shall be resldentral, commercial, ifidustrial Or any other classification
as may be prewrihed.
(ii) (a) The additional basio property tax for every building shall relate to
location and type of construction of the budding.
(b) For the purpose of this clause, the location of'the building shall be
classified as follows :-
(A) arterial roads, bus-route roads leading to arterial roads and main
roads ;
(B) bus-route roads other than those specified in item (A) ;
( C ) roads and streets in primarily regidentidl colonies. ,
K (1)) granite, ceramic tiles and marble flooring and walls partly c r fully.
I
(iii) h co.:cession on the basic property tax shall be allowed in calculnting
the property tax having regard to the age of tile buildil~g,in such manner as m:!y be
pre,cri bcd
1 :3 f rs 'r.s:?lclnt clll!l crf'cll~ationof propert], tn.y.--(!) For the purpose of
lei) l,r\,pcrty tax, every building shall be assessed together with its site and
1t11t.r !itj.i c ~ i tprcmi5e5 c,ccupied as an appilrtena,~cethereto:
--
that 113 bvilding which has been constructed in cL..'r~ventioncf the
p~-,~\;l~ii.d
~ l a dtinder
t7irlj,ill~; I , l i b ~ e thii Act shall be assessed ta property tax.
J ! IL- !'I ~jcrtytau s l ~ n l lbe calculated as fc1lows:-
I ) 1 jr ,tly, tile basic llroperty tax for a building s11:ill be calculated : t tile
. ~ :,,,,I
t ~ I,, tlie c, uncil .
(c) Thirdly, on the ui nturn of amount arrived at under clau\eb ( u ) ' i i ~ (!,I,
1
the concession having regar to the age of the building at a rate llot exceed ing
the maxim+.m of guideline valve shall be c i educted ar,tr tile amount i t r l ivc C, .I
shall be the property tax payable in respect of any buildir~gfor every half-year and
shall be paid by the owner or occupier of such building within the half-vear period.
E~planation.-For the pulpose of this sub-section, the expression "half-year"
shall be from the 1st day of April to the 30th day of September and fro111the 1st
oay of October to the 31st day of March of a year :
Provided that in the case of any Government or railway building a concession
shall be allowed in calc clating the property tax in such manner as pay be prescribed.
(3) The Commissioner shall issue a propelty tax book containing all the
details ~f the building 01 land and the property tax payable il, lclation to such
building or land :- such for111as nzay be prescribed.
1
(4) vv hare there is any vacant land without any building situated \vithin ths City
'limit, the Gomnlissioner shall determine the property tax payable for such vacant
land at the rate fixed by the council not exceealng the maximum oP gurt.uline valce.
Prokided t b ~there
t shall be an interval of five years botweec one general revision
and another g;neral revision.
125. General exemptions.- Tho following buildings and lands shall be exenlpted
from the property tad: -
(a) places set apart for public worship and fither actually so used or used
for no otber purpose ;
{b) ohoultries for the occupation of which no rent is charged arld the choul-
tries rent charged for the occupation of which is used exclusively for charitable
purposes ;
(c) bui!dings used for educational purpose including hostels attachd
thereto and places used for the charitable purpose of sheltering the destitute or
animals and orphanages, hos;es and schools for the deaf and dunib, asylum
for the a ed and fallen women and such similar institutions run purely on philan-
H
thropic ines as are approved by the council ; %,
u Lz¶
w ZL
(d) such ancient m muments protected under the Ancient Monuments
'Reservation Act, 1904 (Cantral Act V'JLof 1904) and such ancient and historical
monuments declared by or under the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 (Cer tral Aot 24 of 1958) to be of national
fmportanceand also sucb ancient monulnents and arcf.aeological sites and remains
protected under the Tanlil Nadu Ancient and Historical Moauments and
Archaeological Sites and Remains Act, 1966 (7 amil Nadu Act 25 of 1966) or
parts thereof as or not used as residential quarters or public offices ;
(e) charitable hospitals f and , diswnsaries but not including residential
quarters attached thereto ;
. .
(n such hospitals and dispensaries maintained by railway administration
as may, from time to time, be notified by the Government, b ~ t not including
residential quarters attached thereto ;
(g) burial and burning grounds included in the book kept in the m1 nlqpal
officeunder section 404 ;
(h) the. bed of any river or canal or any river 01- canal belongire to Govern-
ment and wM~h do not provide any Income to Government or aay
Government lands set apart for recreation purposes or any Government
property being neither building nor !ard from which i n the oprnion of the
Government any income could not be, derived as may, frc.m tin16 to rim., be
notified by the, Government:
.F-
I AMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 341
i 27. Lovy o fflitc.-- (1 1 Where a parso~lfailjto pay tl~sproperty tax withiq the I
tinx cpcified, the Com~nisionershail impose upon him, by way cf fine a sum as ,
fixcil the council i n this '~chaIfin zccordance with such rates as may beprescribed.
( 2 ) On verification of the return filed by the owner or occupier of the
1,uildilrg c,r land after the issue of the property tax book, the Commissioner may,
if 11e 1 5 sat,sfied that th' c wner c r t ccirpier w~lf~lly filed f2,lse return, the
Cc 1illn15.oner may cause reassessment of such property and direct tlle owner
01 ( ;c~!l> L r t c pay, in adilitir n to the tax 7.ssessec , by way of fine, a sum which
l l olle hundred per ( ent cf the difference in the ti1.x d18e :
~ I l ~ t be
Bmaadmant of 8. In Schedule 1I;of the 1971 Act, Parts I1 :and V sl~allbe omitted.
Schtdole n.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART V.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
lamil Nadu Ad 9. In the Coimbatore City Municipal Corporation Act, 1981 (hereafter in this
25 of 1981. Part referred to as the 1981 Act), for sections 121, 122, 123, 124, 125, 126, 127, 128, Substitution of
129, 130, 131 and 132, the following sections shall b: substituted, namely :- sections I2 1,
122, 123, 124,
125, 126, 127.
128, 129, 130,
"121. Levy oj property fa.~-(I )The property tax shall be levied on all buildings and 131 and 132,
lands within the City.
(2) (a) In relation to any building newly constructed or where any addition
or alteration hzs beell lnadc to any existing building, the owner or occupier of such
building ;
(b) wl~*:re the title cjf any building or land is transferred, such transferee ;
(c) in relation to any building or land, in the event of death of the person
primarily liable to the payment of property tax, the person on whom the prcperty 1s
transferred,
t
shall furnish to the Commissioner within such date as may be prescribed, a return
for such building or land containing such details as may be prescribed for the
assessment cr reassessment cf the prcperty tax to the sr.ld building or land.
(3) 111the C ~ L cf
S ~reef wx.;~ncntc r generzl revisic n c f ::ny prc perty tex leviable
under this Act, t!le owner i'r occupier of any building or land shzll furnish to the
Com~nissit~, er within such time as may be prese-ibed. a return in such form con-
taining such details as may be prescribed for the assessment of pr~perty tax to
such b,ilding or land.
(4) If any o\vner or occupier of any building or land fails to furnish a retvm
as required under silb-section (2) or sub-seetion (3) c r furnishes an incomplete o r
incorrect return, the Commissioner or any person avthorised by him in this behalf,
shall cause an inspection to be made and ~ 1 s o to make such lccal enquiries as
may be considered necessary, and based on such inspection and information
collected, shall prepare a return and a copy of the return shd! be fi~rnishedto the
owner or occ!! pier of the b ~ilding
l or land.
(5) On receipt of a return under svb-section (2) GT s~b-secticn (3) or on
the basis of the return prepared by the Commissi~nerunder sub-section (4) and
after considering the objections, if any, received, the Ccmmissioner shall determine
the tax payable in accordance with the provisions of this Act and shall send an
intimation to that effect to the person concerned.
(6) For the purpose cif assessment of property tax fcr any building or land
in the City, the Commissioner or any cfficer avthcrised by him in this behalf may
enter, inspect, srrvey and measure any building c r lend, rfter giving due notice
to the owner or occrpier before such inspectlcn and the cwner or occupier shall be
bomd ,to funish necessary information required for this pl3rpose,
(7) The property tax on building and land shall, subject to the prior payment
of the land reveiw e, if any, due to the Gc vernment thereon, be a first charbe
opon the said bi3jlding or laod and upcn the mcvable prcperty if cny f ~ r n dwithin I
or 11pot1 silcl-,b ~ l ~ing
l d c r l ~ n dand belcnging tc the persc.n lii.ble to ,pay tax.
otrp) AV ? 1 (5x3)- 5
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
123. Determination of ruic property tax, additional basic property tax, etc. by
Council.--(l) The basic property tax, the additional basic property tax and the
concession, if any, with regard to the age, for every blilding or land shall be deter-
lllined by the Council srbjecc to the minimum and maxin~um rates prescribed by
the Government under section 122.
(2) Tlie Council shall notify the rates determined under sub-section (1) an({
such other parti~vlarsand in such manner as may be prescribed.
(3) (i) (a) The basic prctperty tax for every building shall relate to the carpet
area of the building and its vsage :
Provided that the carpet area of any bvilding shall not include the open verandah,
open court-yard or any other open space which is not enclosed.
(b) The classification of the bvilding for the purpose of deciding the usage
of any building shall be residential, c~mmeccial~ industrial or any other claeufication
as may be prescribed.
(ii) (a) The additional basic property tax for every bdilding shall r:l ~t 1
to location and type of construction of the building. ,
- (b) For the purpose of this dame, the location of the bvilding sh- I t
be classified as foilows :
(A) arterial roads, bus-route roads leading to arterial roads and main
roads :
- a (B) bus-rou te roses G ther than those specified in iten1 (A);
(C) roads and streets in primarily :resideqtial colonies.
(c) The type of construction of the building shall be classified into different
groups as follows, namely :
(A) thatched and tiled roof ;
(B) reinforced cc ncrete cement roof ;
Provided that nothing contained in clauses (a), (c) and (e) shall be deemed
to exempt any building or land from property tax any bdldiog or land for which
rqnt or service charge is payable by the person using the same for the purposes
r e f d to in the said clauses. ,
I
(3) The terms and cooditicas of the Iribunal shall be such as may be deter-
mined by the Government.
(4) Toe salary and other allowances payable to the Tribunal shall be borne
from the funds of the corporation.
(5) No appeal shall be entertained by the Tribunal upless the appellant]
deposits with the cdrparation the entire amount as essessed by the Comn,issioner
fa the revision.
,. : (6) (i) Evev appeal filed tinder this section shall be entered in a register
nmiutained for t h pcrpose by the Tniunaf.
. .
iii) The T r i b ~ l u lddl give L1 -n filing an qpa a ~ & k mnotice
specifying the PI*=. date a d time of bwiag the appeal
- (iii) The Tribunal shall dispose of the appeal within five months from the
&t;6, a. t e~
. of as appeal. ; , , , . . . A . s
--
- - . -
TAMIL N4DU GOVERNMENT GAZETTE EXTRAORDINARY
.- --
347
(v) The gist of the order p.issed io an appeal shall be recorded in the
8
register w;lic4 s l l i l l bz duly attested by the Tribunal and a c ~ p yof the order shall
be supalizd wit:ii.i te:i days frr,m the date of passing of the order to the appellant.
(vi) Tho excess ~ r n c l u i l tof' tax if available in view of the orders of the
Trinut~alwill b,- adjilsted by ti10 Co~ninissionerfor the property tax to be collected
in future.
(7)'An ap2eal ag3inst the docision of tbe Taxation'Appals Tribunal may
be filed within thirty days from the date of the order to the D~striotJudge.
(8) No appsal s!lall be entertained by the Districl: Judge unless the appellant
dspsits with tht c ~ r p r a t i o nthe entire a m ~ n04
t tax a3 decided by the Tribunal.
(9) W;iere ds a result of any order passed in appeal, any am?unt already
dep~sitedi; in excss*of tile tax due, the difference after d2iucting the tax ~ h d l
he :rl i ~ s t e 3t t wards the tax and fine d uo, in respect of any, other period to
the c~rgoration.".
10. In Schedule 11 to the 1981 Act, Parts I1 and V shall be omitted.. Amendment cf
Scrhedulo Ik
A. E. RAJAN,
Secretary to Govetmmt, Law Department.
*- ----- -- _- _-----___ --
--- .--
PJUNTED A N D PUBLISHED BY THE DIRECTOR OF STAnONERY AND PRINnrUC3, c l i b % N U %
ON BF'HALF OF 'THE GOVERNMENT OF TAMIL NADU*
TAMIL NADU GOVERM~~ENT
GBZBI'TE EXTRdORDINARY
-
- 7
,191
The following Act of the Tamil Nadu Legislative Assemblv received the assent
of the Governo: on the 22od December 1998 and is hereb~fpublished for
ger~eralinformation :-
1. (I This ~ cj may
t be callcd the Tamil Nadul a1 Laws (~medd: Short dt:e ord a
Y'tbisChapter shall be made to the Commissioner in such form, containing such parti-
ylars.and with such fee, as may be prescribed.
(2) The Comruissionir may, after local inspection, g ~ a nat licence with
suoh,conditions or directions, subject to such rules as may be prescribed.
(3) The Commissioner may refuse 'o grant licence for reasons to be
recorded In writing : , ' '"1 .,.m
I
TAMIL NADU G OVERWMENT GAZETTE EXTRAORDINARY
--_ _ _ -- - -- _-
_. _C_ - . - _ __ - -_ ______- -
! . ~ applicai~t has
Provided ;hat a licence shall not l;e reluscd ~ ~ r i l eilic
been given an bpportUnilq' ma!iin& his I cpi csc1:tsli~n.
(4) Every licence granted under su b-section (2) shall bf valid for such
period as may be prescribed and may be renewed from t t ne to tlme.
326-H. Appeal.- (1 ) P,n appeal shall lie t o the Standjng Cornmiltee from
an order of refcsal to grant or renew a licence or cancelling or suspending a l i c e ~ ~ ~ e
by the Commissioner under this Chapter ~ i t h i ntPirty dzys frcni ihe date ofreceipt
of the order.
(2)The appealshall be in such fdrm and ia such manger and shall
aacornpany with such fee, as may be prescribed.
(3) On receipt of such appeal, the Standing Comnlittcc m;y, aflcr nnking
such inquiry as may benecessary and giving s reasonablc opp( I tu1:ity lo thc appe-
Uant to be heard, pass such orders as it deems fit.
326-L Penalty.-Whoever contravenes any of the provisions of this
Chapter or any rule or order made thereunder or ob:jtructs lawfirl exercise of any
power conferscf by or under this Chapter shall be puni:hcd 17iiZh imprkcrmcnt
for a term which may extend to three years or with fine which may extrnd t s
ten thousand rupces or with both.".
PAKT IIL
AMENDMENTS TO THE TAMIL NADU DISTRICT M UN~CIPALITIES
4CT 1920.
3. In the Tamil Nadu District Municipalities Act, 1920 (hercsizel in rliis Amcadraoa
Part referred to as the 1920 Act) in section 78, in sub-section '1) alter clsluse (d),
the following clause shall be inserted, namely : - of emtIon
78,
"{dd)a tax on advertisements other than ailvcrl~~rrneurs
publish& it,
the news papers and advertisemen?s broadcast by radio or television,".
5. Aftm section 107 of the 1920 Act, the tollowing shall be inserted, namely :- I m o n of
W @done
lw*A k
1m.
Tax on advertisements.
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 shaU
not exceed rupees five hundred per square metre per half-year :
Provided further that no tax shall be levied under this section on any adver-
tisement or a notice-
(a) of a public meeting; or
(b) of an election to any legislative body or the municipal council: or
(c) of a candidature in respect of such an election 2
"
."Provided also that no such tax shall be levied on advertisement which is
not &-sign and which-
'
(a) is eihibited within the window of any building; or
(b) relates to the trade or business carried on, within the land or building
upon or over which such advertisement is exhibited, or to any sale or letting of such
landtor building or to any effects therein or to any sale, entertainment or meeting
to tr"e held upon or in the same; or
(e) is exhibited within any railway station or upon any wall or other
property of a railway administration except any,portion of the surface of such wall
or property fronting any street.
t7xplanation I.-The word * "structure" gin this section shall include
any movable board on wheels used as an advertisement or an advertisement ~nedium.
Explanation 11.-The expression "sky-sign" shall, in tlvs section, mean any
advertisement supported on or attached to any post, pole, standard frame-work
or other support wholly or in part upon or over any land, building, wall or structure
wbich, or any part of which sky-sign shall be visible against the sky from some point
hapy public plape and includes all and every part of any such post, pole, standard
178.
__- .
TAMJT NAD b 30VER NMENT GAZETTE EXTRAORDINARY
-- -
*-
-tr
(c) any ad\ 3rtisenent relating to the n m e of the ' :nd or t>?lild~~~g,
upon
or over whicli the advertisement is exhibited, or to the nay , of thr owner or
occupier of such land or building; or.,jL_:,; tdjY
md w
rJ.9,. 107-C. PermiWssion 01 the executive authority to be~omsvoid i,d certain a,ves,-
The pemioison granted under secticn 107-B shall become void in the following
uses, namely :-
(f) if the building, wall or structure uk \nor over which the advertisement
is erected, exhibitcd, fixed or retained be demoklshed or destroyed.
107-D. Owner or person in occzpation to be deemtd r~sponsib1e.--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 thc: zrectior~, 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 contr wention was
" committed by a person not in his employment or under his control or was committed
without his connivance.
107-E. Removal of unauthoriscd ~1dvertisernent.-If any advirtist rneni bi: erected,
exhibited, fixed or retained contrary to the provisions of sections i 07-P, or 107-13 or
31 oew
11-A.
CHAPTER XII-A.
ma air ..n B111 "-11: " - @ B e r ' P " ' W w BE ' R5 Q F ' 6.
- l8Q
I - -
.
~ -
TAMIL NADU GOVERNMEiNT GAZETTE EXTRAORDINARY
-
-- -_ --
-_-I--
-.
285-C. Application for lic en~~.-(1) Every application for licence under this
Chapter shall be made to the exrcutive authority in such form, containing such
particulars and with such fee, as may be prescribed.
(2) The executive authority may, after local inspection, grant a licence with
such conditions or directions, subject to such rules as may be prescribed.
(3) The executive authority may refuse to grant licence for reasons to be
recorded in writing:
Provided that a licence shall not be refused unless the applicant has been given
an opportunity of making his representation.
(4)Every licence granted under sub-section (2) shall be valid for such period
as may be prescribed and may be reaewed from time to time. 1
1
285-D. Power to cancel or suspend 1icencc.- (1) Withal-L PI c; dice to any other
penalty to which the licensee may be liable under this Chapter, the executive autho-
rity may, at any time, t y order in writing, cancel or suspend any licence granted
or renewed under section 28542, if-
(a) such licence has been obtained by fraud, misrepresentation or suppression
of material particulars ; or
(b) the licensee has contravened any of the provisions of this Chapter or the
rules made thereunder or any of the conditions subject to whit h the licence was
granted.
(2) Before cancelling or suspending a licence under sub-section (I), the txe-
cutive authority shall give the licensee, an opportunity of making his replesent. t'Ion.
285-E. Removal of unauthorised hoardings.-Any hoarding elected without a
licence shall be confiscated and removed by the executive authority, without giving
any notice.
285-F. Removal of hoarding in certain other cases.- (1) Where any hoarcling
is retained after the expiry of the licence or erected contrary to the conditions of
licence, the executive authority may by notice in writing, require the licensee to
remove such hoarding within such time as may be prescribed.
(2) Where the hoarding is not removed witkin the time specified in the I otice,
the executive autbority shali, without further notice, remove such hoalding and
recover the expenditure for such removal as an arrear of land revenue.
285-G. Exemptions,-Nothing contained in this Chapter shall apply to any
hoarding on which is exhibited any advertisement which relate; to,-
(i) ' l i e trade
or business carried on within the land or building, upon or over,
' w1*;~h
suchhoaid~ngis erected or to any sale or letting of such land or building or
any effects therein or to any sale, entertainment or meeting, to be hcld upon or in --
c such land or building: or
,
(ii) the name of the land or building, upon or over which the hoarding is
erected or to the name of the owner or occupier of such land or building:
Provided that the exemption under this section shal! be subject to such size and
nature of the hoardin;: as may be prescribed.
j (2) The appeal shall be in such form and in such manner and shall
with such fee, as may be prescribed.
accompany
I
*
(3) On receipt of such appeal, the Taxation Appeals Coiliiilittce may, attei
making such inquiry as may be necessary and giving u reasonable ctpportunity to
the appellant to be heard, pass such orders as it decfi~sfit.
(a) for the expression "a tax calculated at such rates", the expression
"a a calculated at such rates having regard to the location, size, reach and nature
of the advertisement' shall be substituted ;
(b) in the first proviso, for the expression "shall not exceed rupees one
hundred for each advertisement per half year", the expression "shall not exceed
rupees five hundred per square metre per half year " shall be substituted.
8. After Chaptsr XI11 of the 1971 Act, the following Chapter shall be inserted,
namely : -
"CHAPTER-XI11 A.
public wholly or
410-C. Application jor licence:+l) Every application for licence under this
,
,Chapter shall be made to the Comrmss!oner in such form, containing such particulars
m d with such fee, as mcry be prescribed.
(2) The Commissioner may, after local inspection, grant a licence with such
codditions or directions, subject to such rules as may be prescribed.
s to be recorded
Provided that a licence shall not be refused unless the applicant has been given
an opportunity of malung his representatron.
(4) Every licence granted under sub-section (2) shall be valid for such period
as may be prescribed and may be renewed from time to time.
182 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
---- ._- -- ----
(ii) the name of the land or building, upon or over which the hoarding is
erected or to the name of the owner or occupier of such land or building :
Provided that the exemption under this section shall be subject to such size
and nature of the hosrrding as may be prescribed.
410-H. Appeal.-(1) An appeal shall lie to the Standing Committee from aD
order of rehsal to grant or renew a licence or cancelling or suspending a licence
by the Commissioner under this Chapter within thirty days from the date of reoeipt
of the order.
(2) The appeal shall be in such form and in such manner and shall accompany
with such fee, as may be prescribed.
(3) On receipt of such appeal, the Standing Committee may, after making
such inquiry as may be necessary and giving a reasonable opportunity to the
appellant to be heard, pass such orders as it deems fit.
+ ,in writing :
ii. .
'
Provided that a licence shall not be refused unless the applicant bas been given
-an opportunity of making his reprosentation.
(4) Every licence granted under sub-section (2) shall be valid for such perlod
.as may be prescribed and may be renewed from time to time.
410-D. Power to cancel or suspend licence.-(I) Without prejudice to any other
penalty to which the licensee may be liable under this Chapter, the Commissioner
may, at any time, by order in writing, cancel or suspend any licence granted or
-renewed under section 410-C, if,-
(a) such licence has been obtained by fraud, misrepresentation or suppression
h of haaterial particulars; or
(B) tllc iiccnsee liac co.ltravencd any of the provisions of this Chapter or the
rules made thercunder or any of the conditions subject to wh~chth.: licence was
granted.
(2) Before cancelling or suspending a licence under sukk-section (I),
the Commissioner shall give the iicensee, an opportunity of making his representa-
. *'.biOn. * '
410-E. Pit~movcrl oJ urlil:ltlzoris~rlhoardirzg.--Aay hoarding erecled without a
licence shsrll be confiscated and removed b y the Commissioner, without giving any
: notice.
410-F.Removal of hoarding in ce!.tnirz other cnscs.-(1) Where any hoarding is
retained after the expiry of the licence or ::rected contrary to the condil ions of licence,
the Commissioner may, by rlotice in writing, requirc tl-lc iiccnsec lo rcmovc such
hoarding within such timc as rnay be prescribed.
(2) Where the hoarding is not removed within the time spe1:ifie.d. m the noticep
%theCommissioner shall, without further notice, remove such hsardlng and resoxrer
-tho expenditure for such removal as an arrear of land revenue.
-
- lb4 .
------ -
410-G: 8xem~ions.-Nothing contained in this Chapter shall apply to any
hoarding on which is exhibited any advertisement which relates to,-
(I) the trade or business carried on within the land or building, upon or over,
which such hoarding is erected or to any sale or letting of such land or building or
any effectstherein or to any sale, entertanment or meeting, to be held upon or In
such land or building; or
@(ii) the name of the land or building, upon or over which the hoarding is
erected or to the name of the owner or occupier of such land or building:
providd that the exemption under this section shall be subject to such size and
nature of the hoarding as may be prescribed.
410-H. Appeal.--(l) An appeal shall lie to the Standing Committee from an
order of refusal to grant or renew a licence or cancelling or suspending
a licence by the Commissioner under this Chapter within thirty days from the date
of receipt of the order.
(2) The appeal shall be in such form and in suc 1 (manner and shall
accompany with such fee, as may be p r d b e d ,
(3) On receipt of such appeal, the Standing Committee may, afte: making suck
inquiry as may be necessary and giving a reasonable opporlmnity to the appellant
to be heard,$pass
, >'-z* such orders as it deems fit@
410-1. Penalty.-Whoever contravenes any of the provisions of this Chapter
or any rule or order made thereunder or obstructs lawful exercise of any power
conferred by or under this Chapter shall be punished with imprisonment for a term
which may extend to three years or with fine L\IUCL ;-lay e ~ + e nto
d ten thousand
rupees or with both.".
&peal of Tamil
Nadu Act 89 of xepealed.
1985.
!
i
j
I
TI1c ftlli!v.;l-,l Act. of th: 1' rl-.;l ?.:::dl! Lczi-1r:tii.e ,.',~WI--,! :1 :-cS\
. '
"
. , ' . .
o l , , ; , 1998 ant1 i . 1!c:-,l-... ; - ~ ~ : l -i .\.l i ' '
_ , i i..l_
nlntion -
AN ACT FURTHE17 '10 l\h$I'XD THE LA\\'S (EL.1IING 1-0Ti ; ' ,: " l C i ? \ L
cORPORATIOKS AKD hIi:K1CIPALlTIES Th l l lE STAIE Cf: T \ ' 1 ; ! ?.:.ADI_'.
. ?. ,
IjE it cnuc:~rlby Ili:: J.r;gi,81a1;~...:As<.<n:h!y of thc .Y:;:t>if Th;;iii .. 1 .
ninth Year of tht: Kcp~.tlicc.i 1:-,dia as follo\:i :--
PART-I.
1 . ( 1 ) 'fhis Act niay bc cc~llcdthc ?alnil S a a ?,Iiinl.lj":: I....> *.; .<! .. < I -
Short title
and comincn- mcnt) Acl, 1998.
cement.
(2) It snall be deeined t o have come into forc: on the 1 st dz.y c ~ f0 ~ : u l i sI.)!. .
Insertion 2. After Chapter V of the Chennai City 3: inicipal C c r ~ o r a t i c .,'..f 19!5 tlr Tst-,l
of new following Cllaptcr shall be inserted, namcly :- A-i 1
Chapter V A . lr)13.
.
owned or colltrollcd by thc Central Govcrnrilcnl or any St,.,,: C;J' . ; : > I , : ~ ~ t, ::! c:. . -1.
~ ~ f1d;:J ~ q7:;'ltcrs :. , '
body operates within the Ccrporelion limit c \ ~ c l ~ t l l oits
outsidr: the Corporation linit ; a n c
.ADU GOVERNhlENT
-- --- .
LY
GAZETTE EXTRAOZDINARY
--- - -. --.---
-..w---m--. -
(iii) a p m o n cnga2cd in ri!~yc~nplop!n:rll by nil cmploycr, not cov:rcd by
sub-qlauses ( I ) a n d (ii) ;
(b) '' employer " in relation to an employee earning any snlary on a regular
basis under his means, the person or the oficer who is rcrpon5ible for disbursenlent of
such salary and includes the head of the ofice or any establishment ns wcll as tile
Manager or Agent of the employer ;
' ( c ) " lialf-year " shall be from the 1 st day of Apiil to the 30111 dnjr of Scp:clllber
- an: from the 1st dhy of 0ctoL:r to the 31 st day of hlarcll of a ycar ;
( d ) " monih " means a calendar ~llollth;
('e) " person " nicans any pc,son who is engagxi ilclivcly or otherwise in any
-profession, trade, calling or cmploylncnt in thc Slatc oS?allliI N a f h and includcs n Hindu
undivided family, f~rnl,company, corporatioli or other corporate body, any socicty,
c l u b , bo,dy of pcrsons or association, so engaged, but does not il~clude any person
lemployc&oh a casual bdsis ;
( f ) " tax " means the tax on profession, tradc, calling and emplo>ment levied
F under this Chqpter.
(2) Evcry cornprrny which transacts business and every person, who is engaged
actively or otherwise in any profession, trade, calling 01 cmployn~cntwithi11 the c ~ t yon
the first day of the liolS-ycor for which return is filed, shall pay half-yearly tax at the
,sates specified in the Table below in such manner as may be prescribcd :-
THE TABLE
Average half-yearly income. Ha lf-year Iy
tax.
(2) (3)
r-------.-dA .----- ---7
Fro ~n To ..
RS. Rs. RS.
.. Nil
30,000 60
45,000 150
60,000 XI0
75,000 450
75,001 and above *. Ci10
(3) The rete o f Lax payable LI ndcr sub-section (2) shall be published by the
d~ommissionei.In such nlaaner as may be prescribed.
,(4) Whcre a comnpany or person pprovcs that it or 11c has paid thc sum d ~ on ~ e
accoui~tof the 18 x levied under this Chapter 01. riny tax of tile natulc oC it profes-
sion tax imposed under the Cantonments Act, 1924 for the same half -year to any
localautltority or cai~tonmcntautlzority in the Stale of Tamil Nnclu, s ~ , ccl ~ m p a n y
or person shall not be liable, by reason merely of change of place of business,
exerc?acof pt ofcssion, trade, calling or emplojnicnt , or residence, to p , ~ the
y tax to
an:. other local autl~orityor ca~ltonmcntnutllority.
up) IV-2 EX (7>$:-1A.
( 5 ) The tax leviable from a firm, association or Hindu undivided fa;~17lily
)nay
be levied any adult nleillber of the firm, associs,tic.n or fumily.
(6) Whereapcrscjnctoing thesame busincssinthesamenam~lnoneormose
places within the city, the illcome of such b ~ ~ s i i ~in
c sall
s places with~nthe c ~ t yshall
be computed for the purpose of levy of tax and such person shall pay the tax ia
accordance with the provisions of this Charter.
(7) Wbcrc any ccm:)a ny. corporate body, society, firm, bod y of persons i l r
associs tion pays the tax undcr this Chapter, a ny djrcctor, pal tner or msnlber ,as Ihc
'
case may br, of such company, corporate bc.dy, society. f i m, ~ body of pelson? or
association shalt not be Ii,ibIe t o pay tax undcr this Chaprcr for tllc illcome dcii\ec:
by such director, partner cr member from such ccmp:cn::, corpo~ate body, socict .t..
firm,body of pcrsons or association:
Providcd ~ h a such
t rlirecfor ,p r t n c r o r ~ncnibcr.sll:~~I
bc hlc [ ( I jl:\j
Iii~ l a x nL:<
this Chaptcr for the i n c ~ m ederlved from olhcr ?oul.cts.
(8) Evcry pFson who is liable to pay tax, other ;Jan a pcrsc n cal ning lit: 5
or wage shnll f ~ ~ r n :~osthe
h Commiss;~,..: rcti;rn in such form, for such p c r l ~ d
and within such datc and in sucll nlanllcr ,AS ~ n o ybc p t c s c ~ib:d :
Providrd that si bjerat to the provisions or sub-scctions (10) at!d ( 1 I ) , such p.1-
son'may make a self irssessment on the basis of average half-yearly 111co1iieofthe pic -
vious financial year and the return filed by him shall be accepted without callin$ fibr
the accounts and w i t h c ~ ~any
t inspecficn.
casts final assessmsrlt 3rder sllall bc p ~ cd s i I; :.ccc,: d: ncc c r:h t ht. 1' cvi ' I ( r - ,j
this Chapter.
Ile nzay consider neccssary, assess such person to the best cf his judgn ect :
i,)
I
J
(1 2) Evcry pcrson wllo is liablc to 11:lytax undc: thi:, ~ectiori,cthcs tl1:in ., ,.:r-
son ,wiling salary or wage -
(a) shall be issued with a .pass boc k contclinit~gsuch <!elails relating 1,) ,L.; .
payment oftaxas may be prescribed and if the pass book is lost or accjdent,lIly
destroyed, the Colnniissioner may, on nn application 11ide by the perion I
accompanied by such f:e as may be Excd by the Ccuncil, isiue ' 0 st~cll pcr\,,n a
duplicate of thc pass boo!", t
$.
(b) shzll bz sllcttec! a pern,anc t;t ;.cccc~:t J?U I 1 cl '&l;ti '>i1clip c r ~3, , i., i
(1 3) ~ h rate
c cf tax specjfieh under sub-section ( 2 ) sllall be revised by the Coun-
cil once: in every five years and such revisicl? of tax shall be increased not less than
twenty-five per ccnt and not nlore than thirf y-five per cellt of t l ~ etax lcvjed
immediately before thc datc of revision.
138-F. Ptn. 11y and h7ttrtst.-(1) In addi:ion t~ :he :a? assessed ~ : r , i e rsub-
section (11) of scctic n 138-U or sub-sectic n (2) of sccticn 138-E in the c;l~cof sub-
mission of ~ n c ~ r r cor
c t incomplrte rettlrn, the Ccmmissioncr sl~alldirect the person
or employer to pay by way of penalty of one hundrc,d prr cent ofthe iiffercnce of
tllq tax assessed and the tax paid as Fer return:
Provided thzt no ppcnaltyunder this sub-seclicn sllz!l kc impcscd after the period
of three years fi-omthe dale o f t he order of ihc zssessment under this Chapter a ~ d,
unless the person afFectcd has had a reasn~?eble opporft~nit y of showing cr,nse
against such imposition.
(2) On any amount remaini~~gunpald ;:fter t11c drrtcs cllccificd for its paylvent,
the person or cmploycr shall pay, I J I iidditionto t h c :il.rlc,r,nt rltrc, i n t t icst i ~ \t [ I L [ ~
rate not cxcccding one pcr ccl.rt pcr Ii:cnscnj of sucll a~:lc,i~nt for thc cntirc pcriod of
default, as lnay be prcscribcd.
'3. m a
.-y 4 s - , . P ' m-.rrl( *" m,_ - --
-_ Ttr38 __
TAMIL NADU GOVERN:\IEN'r (i.\ / . C ' l i l: i i X I
I
I -- -- .,'
-
., ....
CMm*...,-CI-.'
,
,-.A r
1111
* , __-
\!. t i 1
-- - .--- .--__
'-
-I
il<
,'"-
i
13s-13. rlzi,tio,~~.-?i,)t h i n g conlairltti i 1 this Ch:!pit 1. 1 i . t : ,-I-!)' to-
(c) physicallydisablcd persons s ~ i t 1 1tola' disability :11 onc cs ;lo I; 1I.c IIXI?L!>
o r legs, spastics, totally dulilb or dcaf persons or totally blilld gt:-so~l'-:
Provided that such physical disabili I y sfla1 I b.: duly ccr!i fitd by CI P c.~ilislcscdMedi--
eal Practitioner in the service of the Govcrnmenl not below the ralik oi Civil Surgeon.
138-1. RcpL~al clnd snvi,zgs,-(l) The Tanlil I.laclu Tax on Piofcskio~ls. Trades, Taniil ' k d u
Callings and Enlployments Act, 1992 (hereaftt r in this section rcf~rrcd to ds tho Act 24 of 1992
1992 Act) i n its applicatioll t o the city, is herc by rcpcalcd.
(2) The repeal of the 1992 Act under sub-section ( 1 ) chall not affect ,-- I
(i) the previous operation of the said Act or anythitig clone or tluly suffcrc 1
thereunder ;or
(ii) any right, privileges, obligations or li~bilitics acquired, accr:lcd or ,
incurred under the said Act ; or
(iii) any penalty, forfeiture or punishment incurred in rzspcct of any ofict1i:
committed.
(3) Notwithstanding the repeal of the 1992 Act, the rates oftnx 011 professions, 4
trades, callings and employments specified in. the Schedule t o the said Act sliall con-
tinue t o apply for the period commencing on tlie 1st day of April 1992 and ending
with the 30t h day of September 1998 for the levy and collect ion of such tax for the
said period, where the tax due under that Act has ndt been paid for the said period.
. (4) The provisions of this Chapcer, otner than the rates of tax specified in sub--
section (2) of section 138-B and the provisions relating to penalty ana Interest,
shall mutatis murcndls apply to the levy ancl collection of tax for the period
mentioned in sub-section (3).
(5) The arrears of tax tinder the 1992 Act shall be paid in six equal half-yearly
insfalments in such manner and within such period as nlay be prescribed. ",
PAKT-I1 I.
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNrCIPALlTlfS
ACT, 1920.
3. ~ f t c : r Chapter V I of the Tamil Nadu Distl.ict
1920,tho following Chapter shall be inserted, namely:--
M~,nicipal,ities Act, 'lamil KadJ
Act V -3f 191b I
"l-.
----*-
-- ----r S h T T_-
*.7-3-
-
'jr G..i;'L-
I I L -
.
,-la.r^u.ao----
- -- -- _._
R
7-1: L>;1-T(),cl,ujl\.s
-
-mu
-
" C1l:rptur-\'I A ,
R X mt j~~*~J.~s~io;z,
t~.,.(/,, c' ( , ;v!I/,,~ , I , ?I:,
& I d < - I l r . ..
Averig- J2cilf-yd~lrly
i~t~-o.~v. !A. U-yL..rIy
lox. ,
.
/
(3 1 ,
t '
. .. Nil.
2 ! " Ri. 21.CHI'I Rs. 30,COO Rs. 63
Rs.45,000 Rs. 1 0,
rIrbm m ~ ~ ~ ~ t ~ @ s r e p ~ r r * p k ^s ." Ir B
~ un" ~P 'FC* w
a ''
hl0 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
----- I _._-_ _ _ _ _ _ a-
- - -- -- I
(4) Where a company or person proves that it or he has paid tlie sun1 due on C..:lrr,i 1 Act
account of the tax levicd under this Chaptef or any tax of the nature of a I f or 1924.
profession tax imposcd under the Canton~ncnts Act, 1924 for the same
half-year to any local authority or cantonment authority in !he State ofTamil
Nadu such company or person sl~allnot be liable by r e s o n rnercly of change
of place of business, exercise of professio?, trade, calling or employment or residence,
to pay the tax to any other iocal authority or cantonment authority.
(5 T l ~ etax leviablc from a firm, association or Hindu undivided may
d
he Ievie on any adult member of the firm, assxintion or f~lmilv.
filmily
(6) Where a pelson doing the same b~~sincss in the snlne nntne in o~zcor
more places within the municipality, the ino~meof such busincss in all places
within the municipality shall be computed f o ~t1ie parpose of levy of tax and such
person shall pay the tax in acc~rda,~ce
with t l provisi.,ns
~ of this C!I ~ptl::.
(7) Where any company, corporate b 3 J y, socivty. f rm, body of pcnons or
associat~on,pays thc tax under this Chaptc:, any d~rector,partner 0:.m:mbn as
the case may be, of such compaoy, corpolatc bdoy, socitty, firm, body of persons
or association s!lali not be liable to pay tax 111ldcr this Chapte~fol the income
derived by such d i ~ s c t op'tttner
~ or mc~nbsrfioni such co nixmy, co1.p: r :tr body.
society, firm, body of pcrsotls o, a~sociarion.~ :
Provided that such dirzcfor, partner or m;nlbzr s ! ~ ~ lb:l li<tblc.to p : i ~ t:\g
under this Chapter f0.r the iacomt dorivcd from other s o u r c s
(8) Every person who is liablc to pny tar, othei th:i!l a p:rson enrlii 11srt sltl:uy
or wage shallfi!rnish to the executive auih~ritya return i n such form, for snch period
and within such date ~ n din such manner as may be przscribcd:
Provided that subject to the provisiol~of sub-sections (10) and (1 I), such
person may make a szlf-assessment on the basis of average half-yearly lncolne of
the previous financial year and tlie return filed by ilinl sl~allI>: accepted without
calling for the accou,~tsand without any inspection.
(9) Every such return shall accompany with the proof of payn~clltof the fit11
amount of tax due according to the return and a return without such proof of payment
shall not be deemed to have been duly filed.
(10) Notwithstanding anything coc~tainedin tile proviso to sub-section (8),
t b executive authority may select ten per cent of tho total ~iumber of such
assessment in such tloanner as may be prescribed for the purpose of dctailed scrulitly
regarding the correctness of the return submitted by a person in this ~ n n e c t i o na t ~ d
in such cases final assessment order shall be passed it1 accordance wlth provrsloils
of this Chapter.
(I I) if no return is submitted by aey person under sub-section (8) within the
prescribed period or if the return submitted by him appears to the executive
authority to be incomplete or incorrect, the executive authority shall, after making
such enquiry as he may consider necessary assess such persen to the best of
his judgemefit:
Provided tlrat before taking a h o i l under this sub-section, the person shall bc
given a reasonable opportunity of proving the correctness or completc~~ess of any
return submitted by him.
< . Every person who is Iiable to pay tax under this section, othel than a per-
son earning salary or wage -
(a) shall be issued with a pass book containing such details relating to sucll
paytreat Of tax a s may be presclibed and if the pass book is lost or accidentally des-
troyed the executive authoiity may, on an application made by the person accom-
panied by such fea as n,ay be fixed by the ~nunicipalcoui~cil,issae to such pcrsoll
a duplicate of the p a s book
2nd shall-
~ 3 3 3 9
provided that before assessing the tax due, the executive zut horit g shall give
the employer a reasonable opportunity of being heard.
124-H. Pcnnlt,varzd it~tcrcsf.-(I ) In addition to thc taxasscsscd under sub-section
(11.) bf section 124-D or sub-sektion (2) of section 124-Gin the case of' s u1)mission of
ib;t:bnect or in~orhpletereturn the executive authorilq shall direct the person or.
employet to pay & way of panalty of one hundrsd per cent of t hc djfference
of the tax assessed and the tax paid as per return:
212 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINAR 'r $- 7-
T - -- - _ _ __
_ . _ _ _ _ - _ _ _ _ _ _ - . - -- -
I
(2) m ~ decision
e of the Taxation Appeals c~mmitfeeshall be final and 'hsjj
not be questioned in any court of law : dI
1
Provided that no such decision shall be made except after giving the rCV''''l
affected a reasonable opportunity of being heard.
124-J. Excntp;ions. -Nothing contained in this Chapter shall ~ P O ~ t('--
Y
(a) the members of the Armed Forces of the Union serving in zny part i f Ct n3,;. l A c t
i
this State to whom the provisions of the Aimy Act, 19% the Air Forcc Act , XZV of 1
1950 or the Navy Act, 1957 applies ;
(b) the members of the Central Reserve Police Force to whom the Cer,t:al cc~:liz{l Act
Reserve Police Force Act, 1949 applies and serving in any part of this Statc; XL'tlE .if 1949.
(c) physically disabled persons with total disability in one or both the hant!.;
or legs, spastics, totally dumb or deaf persons 01 totally blind pelsons :
I
(4) The provisions of this Chapter other than the rates of tax specified in
sub-section (2) of sectiori 124-Dand the provisions relating to penalty and interest
shall inutatis murandis appb to the levy and collection of tax for the period
mentioned in sub-section (3).
(5) The anears of tax under the I992 Act shall be paid in six equal half-yearly
instalments in such manner an3 withi~~such pericbd as may be prescribed.
PART IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION
.4CT, 1971.
Losertion of 4. After Chapter V of the Madurai City Municipal Corporation Act, 1971. Tnmll
n w Chapter the following Chapter shall be inser.ed, namely ;- Act
V-A 1971
---
d
." Chapter-V-A
!
.
'
A' i
.T&' on ~fofession;trodPItailing lirzd w2plo)lmnv.
(c) "half-year" shall be from the 1 st day of April to th: 30t11 day of
September and from the I st day of October to t hc 31 ct dnlr of March of a
(2) Every company which transact bi~sinessand every person, ~vhois engaged
activrly or otherwise in any profession, trade, calling or employlncnt witbin the
#cityon the first day of the half-year for which return is filed, allall pay half-yearly
:tax at the rates specifies in the Table below in such manlier as may be prescribed :-
THETABLE.
A verilge ArilJ-p carb, incongc. Ntr4-ycrrrly t ~ ? x .
Fm--dA--- 7 (3)
From To
Rs. Rs. Rs.
1 Upto Rs. 21,000 .. Nil
2 21,001 30,000 60
45,000 150
60,000 300
75,000 450
6 75,001 and above . ... 600
(3) he rate of tan payable under sub-section (2) shrll be published by
ths Cornmissloner in such manner as inay be prescri bzd.
up) IV-2 EX.(758)-2A.
- ..w.
(41 U'Ecre a ccn yar:j or pcrhcn proves that it or he has paid the s u n , +tic
' cn acccuct cjf t1.e t2x l~vicdu,nder this Chaptcr or any tax of the nature OF a
prcfession tax impcscd i,nc'.er ?lie Cantcnn;enls Act, 19% fcr the Lame half-y ct
to any local zutholity cr cantcmrent eutbolity in the State cf Tamll Kzdu, L: i l ! Cr-ijtr:,l Act
company or perso11 st1.tll nct bc: liable by reascn merely of. change ;e cf piece ( : 11 c f 1924.
business, exercise cf ,rcf;.szicn, tr&c!r. callicg r r cn p l ~ ? ~ c f i tcr. rcfidxnce: 1 4 -
pay the tax to any otht:r lccal Rt~thcrityor cat1f21in;c1lta~~thority.
(6) Where a pcrscn dcing the same- huziness in the sam~enanie in or,e or 3?:c.rc
pla&s within the city, the inconie of such business in all placcs within the ctcy
shall be ccmputcd for the purpose of levy of tax and such person shall pay tht f : ? x
in accordance with the provisicns cf this Chapter.
(7) Wliere any colxpany, a ccrporate bcGy. society, fiim, bcdy cf perain\
or association pays the tax under this, C+pccr, any director, partner or n;cr~.txr,
as the case may be, cf such ccnlpany, corporLte bccry, society, fii m, bcdy c;f prscnb
or nsscciation shall nct be li~blcto pay tax ~.nc!er this Chapter for the inccme
derived by such director, partner or mcrnber from scch company, ccrporate b c d j ,
society, fiin~,bcdy caf pcrsons cr asscciaticn :
(8) Every pcrFon \tho is liable to yc?yt.;x, ct1:c:. th?n c, pc; LL 11 eel n:~:g >,I; I 3
or r\r\lageshdl furnish to the Ccnwishicner a rtturn in s ~ c fcrm, h fcr such pc: ic ii
and within such date and in such n-.anner as n:ng be presciibcd :
Providcd tllat subject to the p~ovi<ic 1)s c T t~cb-iccic 11s (10) ~ l ; d( I I). I (11
plerson may make a ~.elf-;is~essn-~er,tc n the basis cf avel Pge half-1c:r ly incc I; t. t t
tho yrcviou? financial yc,:ar ai7d the l e t i r : ~f i l c d t y hini \ha11 bc 2 c c ~ p t ~nd! : l i t t a
r accouzts a d v,it!~cl.t zny ~n.pcc:icn.
calling f ~ the
t ~ any
(I :) t t ' III; !-et,rn is S I b ~ ~ : t I:y d pc ~ s c nL 11c:cr $1b-:eci;cn (P) \\\.;tl~jn
ir t
piescribed 1x:icd or if the leturn $ul.mittcd by kin: appears to the C~n~niissic 11~s-
t o be incomplete or incorrect, the ccrm's:~crcr !1.?1I. eitcr ~r,:l;irp si!ch CI q: ; I '
as he ~nitvcon~idcrr,eccssery, a:sc?s ~ u c h :t-~<cnt c rbe k t s t ci' 1-~l\ j~c:grr ert :
Prcvickd tiiat bb.:f~tc iah;l;g nctl., n ~ c i ' . t1 ti,,' >L l;-:cct;c I?, t1.c I cl:c n . ,,
bo givsn areescnnhle cppcrtcr.'t~ c f p ~ c \ i t - _t!.c c c ( : I c L ~ ~ ( : c: i ccl-;-!ctcl.,\. *
(i) q:rcfc S L ~ C I I n~:.;lbir In :![ his :e!crns to, ci cc ncspcnc'.ci;cc wit]\, tiLe
Coln~~~issit.ller
;
(ii) qcr(:,le S I ~ C I ~n~lmbcr i n r:Il cl?alanclf, r !kc pa j.1: cnL (,f iiny SUII; ('t'e
u ndcr this Chapter.
(13) The rate cf tax specified ~tildcrsub-sectit n (2) shall 'be revised by tile
Council once in eve1y five ycnrs and such rcvisic n of la s sli~.llbe incrc;*sed nc t icsj
than twenty-five pcr ccnt a!ld nct more t ha11iliiity-fibc pcr c c ~ ~t 1 t 'lie tax Ici .cd
iminediately hefcxc ~ I I C d ~ i c~f r c ~' \;I'C. E .
169-C. Lng~loq'trs lirrbilitj lo clc>clzlctcirzdpcy ttrx on bcluJj oj rke t7nlploy~,s.-
Tfie tax?payable by ,any person earning a salat y ( r wcgc sl~hllbe deductec' by'his
employkr f r c h the kalaiy pnyzble tc; such pcrsan, befcr e s ~ c 1 s1a l e q cr v:cge is pilci
to him in sncl~n:annei as nAnybc presaib( d and scch ejilplc ycr s h ~ l lirrespective
,
of whethcr such dcdcctjcn 1 as bccn made c ~ r~ c wl;en t the salary cr wnse i? paid
to such prrson, br: liable to ppy tax o n lwheif of such person :
Provided that if the cmploqcr is a n oflccr of the Statc or Central Goverlz~ncnt,tl,c
Governnlent may,notwithstanding anything contained ill tliis Chapter, prescribe the
manncr'in which such cmployer sllnll discharge thc said liability. . .
169-D. Fili~lg of rt trrrns I?y rr?zployer.-.(l) Evcry cmployer liahle to pny tax
undqr this Cllaptcr shall file a return to the Commissioner, in such form, for such
period a11d by su -.I1 rate as may he prescribed, showing therein tho salaries paid
by him t o the emp1o:'ees 2nd thc dmount of tax dcductcd by him in respect of
such employee:. .
(2) Every such return si~allaccompany.with tlic proof of payment of the full
aaaum of tag due according t o the return and a rcturn without such proof of.pay-
merit s b l l not be deemed t o have been duly filed.
16f,E. Assr,~s:n.at, o j t l r p o m p l o ~ ~ ~ r . - ( iThe
) commissioner^ is satisfied ;hat
any' r turii flled by any employer undcr sub-scction ( 1 ) of section 169-D.is correct
and complete, shall accept the return.
42) Where a n cn~ployerhas failed to file any r c t ~ ~ under
rn sub-scction ( I ) of
secti%d169-D within the time or if the return filed by him appears to the Cori~mis-.
sioner t o be incorrect or incomplete, the Con~lnissionershall, after making such
enq$ry as he considers ncccssary, f determine the t a s due and asspss t hc employer
to the best of his judgement and issuc a notice of tlen~andfor the tax so ;:l;rcsscd :
I
provided that before 6.isessing the tax due, the Colnl.ril~~ioner
shall give the
emplbyei a rensonablc ,opportunity of being Iliard.
169-F. Pcnc,lty c.11tl i r t t ~r : s ~ . - (I ) In addition to I h!: tax nsscssell under. sub
section (11 ) of section 169-B or sub-section (2) ofisection 169-E in the case of sub-
lnissiop of incorrfct or ihcomplete return, thc Comltiissioncr shall direct the person
or en~plpjrerto,pajr by way of perlaity of one 11unG.cci pcr ccnt of the difference~ofthe
tax. ~ssesseiland tIk tax paid as pel- rcturn : * . . A
Provided that no penalty under this sub-section sl.la:l bc imposed aftwthe period
of tprea~8hrS from the date of the; brdkr of thc assessment under this Cliaptcr and
unless the person affected hhs hacl a reasonable opporttinity of showi~qcausc agslnct
such imposition.
(2) On any amount rem,zining unpaid afterrthe dates specified for its payment
the person or employer shall pay, in addition to the amount duc, irltcrcst at srrch
rate not, $;feeding one pFr cent pcr mensen! o f sucb amount for t h o entire perihd ot
deftidit', as'mafr be prcscribecl.
(a) the men~bersof the Armed Forces 0 7 tllz Union serving in any part ol ( .I , ; [ LI I Ac:
this State, to wlrom the provisions of theArnly,ict, 1950, the Air Force Act, 1950 XLVI of 1950.
I ar the Navy Act, 1957 applies : ('cnlr,ll Act
XLV of 1950.
Central Act
62 of 1957.
( b ) the members of the Central Rescr~~c
Policc Force !o 11~110m111: Ccntral Cciltral ,Act
Reserve Police. Force Act, 1949 applies and sxving in any part of this State ; XLVI of 1949.
(r.) physically disabled persons with total Jisnbility in one or both the liands or
legs, upttstics, totally dumb or deaf persons or totally blind persons :
... ,
Provided t h t SIJC?I A ~ ' - ~' J -
ph:ijicoI disability jlrl! 52 d.:!:' :rr:.:,e:. . 5; r R .=I>&-'cL
; r !$.: ,.;r~;*;i-9f:,'v3 G~'.::T.,Y::: x;: a:': i : E - r l r . k a f ,
f,';';/ % # J ~ K ' Y , ,;
(4) The provisions of this Chapter, other than the rales of tax specitied in sub-
i sectigfi (2) of section 169-B and the provisions relating to penalty and interest, shall
ml,tutis nr utcrndis apply to the levy and colleclion of tax for the period mentioned in
sub-section (3).
(2) The arrears of tax under the 1992 Act shall be paid in six equal half yearly
1i
I
instahtents in such manner and within such per id as may be prescribed .".
PART -V.
- - . --
- -
- - ~ - ~ - - w . .
T
cr Chapter -V-A .
-
3 ,
. .
(a) 'tmployce" means a person employed on salary and includes,-
(i) a Government servant receiving pay from the revenue of the Central
Government or any State Government :
9 . 1
(0) half-year " shall be from the 1st day of April to the 30th day of Septem-
ber and from the I st day of October to the 31st day of March of a jear ;
(d) " month "means a calender month ; . -
.. .
(e) "person " means any person who is engaged actively or otherwise in any
profession, trade, calling or employment in the State of Tamil Nadu and includes
a Hindu undivided family, firm, company. corporation or other corporate body,
any society, club, body of persons or association, so engaged., but docs not include
any person employed on a casual basis;
(f). " tax " IneaIls the tax on p:ofcssion, trade, calling and employment levied
under thls Chapter.
169-B.LEVYqfprojession tux.-(I) There shall be levied by the Council a tan on
profession, trade, calling and employment.
(2) Every company which transacts business nna every person, who is engaged
actively or otherwise in any profession, trade, calling 01 emy,loyn~ent within the
city on the first day of !he half-year for which retu~nis flled, shall pay half-yearly
tax at the rates speclficd in the Table below in such manner as ]nay be prescribed.:-
THE TABLE.
Serial number. Average half yearly incoll~e. I-Tulf -yehrEy '
tax. .
(1) (2) (3)
r - A----- T
From To f
(8) Every person who is liable to pay tax, other than a person earning salary
or wage s h ~ l lfurnish to the Commissioner a return i n slich form, for such puiVd
acid within sucll date sad in suck m?nner as m?y b3 prescribed:
Provided that subject to the provisiofis c f sub- secficrs (16) and ( ! !) s1:ch pcr Fen
may make a self-assessine~lton thc basis of avzrege h if-yearly inrcmc of the previous
fina~lciaiyeav and the return filec! by hin1 shnll b: acceptcc' witbcnut cnllirg for the
aczcunts and without my inspection.
( 9 ) Every sucll return shall accom2sny with tile proof of pliymcnt of tlic full
c::wirrit of tax due according to the return anc a return with,ut such prol ~f of P'rY-
1.1:~it sizall not be deenlcd to hilvc b x n c!uly filed.
f 10) Notwithstanding anythi~q! containec! in 'he proviso to sub- seer iun (s),
the C~mmissione~ may selec. ten per CQzt of the tottl nl.nloer of aucb ncscssnlcnt ill
such manner as may be prescribed for the purpose o f detailed scrutiny reg:i!ding the
correctness of the return submitted by a erson in this connection and suc]l cases
fiad asscssrncd ordsr sh,il b: p:rssc8in accard8nce with the p r c v i ~ i oof~ tllia~
Chapter.
1
(12) Every persoti who is liable to pay tax u~idcr this section, other tlrnn a
pcrson earning salary or wage,-
(a) shall be issued with a pass book corltain~ngsuch details ~-clatin~to slicll
payitlent of tzx as may be prescribed and if the pa,s boolc is lost or
destroyed the Comniissioner n a y on an application made by thc person acconl-
psrlied by such fee as may bs fixed by thc Counci1,i~,uc to such p:rson ;I dlr~lic:ltc
t f i t p a s book.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
-- -
(b) shall be allotted a permment ~ ~ c o u number
nt and such 1,erson sllall-
(i) quote Such number in all his returlls to, or cdl.resp3nde11ce with, the
Conm iss~otler;
(ii) quote such nur.lbcr in all c!lel:rns for the P ~ ~ I I I Cof'
I Zany
~ sirm due
UIV~PI. this Chapter.
( 1 3) The r ~ i eof tax sp-ci!ied rnder sub-sec:ion (3) sll:!lI be rcvisctl by tile
Councii o:lce in evcry five years and such revision of ta: slloll bz in:reased not loss
than twznty-five pzr ccfit an(! not more than thirty-five per C!:II~ o f t h e lax Icvicd
immedia~!ely bcfure the d d e of revision.
169-C.Eitzploy:r's Ei~bilityto de(1itct ntiJ pay tax or1 b2t1:llf oj the cnzl~1oyees.-
The tax payable by any p m o n earning a salary or wage shall be deducted by llis
employer from the salary payable to sucl~person, before such salary or wage is paid
t o him in such manner as may be prescribed and such employ-r sllall irrespective
of whether such seduction has bcen made or not when the salary or wage is ~ n i d
t o such pPrs,jn, be liable to pay tzx on behalf of such person : i
I
8
Provided that if the employer is an officer of the State or C ntral Government,
the Government may. notwithstanding anything contained in this Chapter, pres-
cribe the manner in which si~chemployer shall discharge the sai liability,
169-D.Filir~go j rcJtur,ls by ~rn~t~lo~,~r.-.(l)
4
Evcry employer liable to pay tax
under tllisClla~tershall file a return to the Commissioner, in uch fbrm for such
period and by srlch date as may be prescribed, showing therein t e salaries paid by
him to the enlployees and the alnwnt of tax deducted by him in respect of such
emplcyres.
(2) Evcry such return shall accompany with the proof of pxyment of the full
amount oftaxdue according to the return and a retul n witllovt such proof of poyrncnt
shall not be deemed to h ~ v ebeen duly filed.
169-E,Assc.ssmrnt o/ the crrq>Ioycr.--(I)The Con~alissioncr,if satisfied illat any
rcturn filed by any employer under sub-sectiol~(1) of scclion IG9-D is correct
and conlplete, shall accept thc rcturn.
(2) Where an enlployer has failed to file any return under sub--section (I) of
section 169-D within the time or if the return filcd by him aDpears to the Comm~s-
sioner to be inccrrect or incomplete, the Comrrissioner sllall, after making such
enquiry as he considers necesspry, determine the tax due and assess the enlployes
'to the best of his judgement and issue a nctice ofdemlnd for the tan so assessed :
Provided that before assessing the tax due, the Commissioner shall give the
employer a reaso~lableopportunity of being heard.
169-E Pcmllty nlid irzter~pst.--.(I)In addition tc the tax assessed under suF-
section (1 1) of section 169-Bor sub-section(2) cf section 169-E. ~nthe case of subinls-
%ionof incorrect or incotnplele retutn, the Commissioner shall direct the person or
employer to pay by way ot' ~ e n ~ loft yone hundred per cent of the ddtfference of the
tax assessed and the tar pzid as per return :
"
Provided that no pen;,lty under this sub- section shall be imyosed after the
period of tl~reeyears from the date of the crder of the assessment undel t h ~ Chapter
s
and unless the person affected has had a reasonable oppartunity of showing c a m
against sur11 impositicn.
(2) On any amount rclnaini1.g unpaid after the dates specified for its p a y ~ l ~ e l ~ t
the person or emplcyer shzll pay i n addition to the amount due, interest at Such
rate not exceeding one per cent pel nxensem of such amount for tile entire period of
default, as may be prescribed. ,
169-G.Appza1.-.(I) Any Nrson or employer aggrieved by any order or decision
of the Cornmtssioner in relation to the payn~cntof tax (including penally, fee and
interest) may, withip such time as may bc prescribed, appeal to tile Taxation Appeals
Tri by ad.
TAMIL NADU GOVERNMENT GAZETTE E X T R A O R D I N ~ ~ Y
220
f
-------
. . - -
- ~ 9
- - - --- - - _
~ ~ -
- .=.-.U-C - - .
(2) Ths decihioil of t l ~ sTaxation Appeals TAibun.11 sha!' bc fi11~:l ;\nci ;:la11
not bc qdeqti~ncilin any court of law :
Provided that no such :!ecisicn shall be made cxcept after givi~~g
Lilt pcl.cn
affcctcd a rcnsonablo ~p?.~rtr!nitjof ot'itrg head.
'. 169-H. E x . ~ i ~ , ~ t i o n s . - N s t ! ~cor,t;ijned
i~~g in this Chapter sI::!11 ;,!,pl;. t:,-
(a) t
h meinbers
~ of tjlc Armed Forces of th,; Union scrbirg :n ,I 1 ) ;k!*: , f
P
'.-:
L c 11[i.
this Stattc, to wlzom the provisions of the Ar~nyAct, 1950, the Air F I c~ l?Lt i i i ( l XLI: of I:/:\.
or t t ~Navy Act, 1957 appli~5;
I (b) the members of t!le Central Reserve Police Fcrcc to whom (1.1: ('r;lt::~l Ccnlrdl A.1
Reserve Poljc<: Force Act, 1949 applies and serving i n any p:l:t cf t \ i : $ ~ L 194'~
! ~ ~
State ;
(c) physically disabled persons wit11 total disability in cne or bcth thc hands
or legs, spastics, totally dumb or dcaf persons or totally blind pelscn5 :
Provided that such p!lysical disability shall he duly certified by a Registered
Medical Practitioner in the scrvicc of the Gcvern~x n t nct belcw the rnrlh c f a Cikll
Surgeon.
169-1. R?pcnIand Sri~i~lgs.-<(I) The Tamil Ncdu Tax c 11 Pr~fca.ion.,, 'fl z i e ~ , Tdr~ilNa;i'~AS
Callings and Ernploynients Act, 1992 ( h ~witcr l In tliis s c ~I'L n rcfcz I ecl 24 c ? i 1992.
to as the 1993 Act), in its ap2lication to the Cify, is hcrcby rt.pt.nl..ti.
(2) The repeal of the 1992 Act t~ndersu:-scc?itin ( I ) sllall 11ct rllcct.-
(i) the p. 4ous cpcration of t!~esaid Act or anything d:.n- cr i ~ . l * ;
suffert .: Lhereunder; or
(ii) any right, piivihges, obligations cl Iizb!ltti s acq::iicc i i c ~ r u c d ;:
incurred under the said Act; or
(iij) any penalty, forfeiLirre or punjslu..ent incl:rrcd in rc\pcct cf ail)
offence committed.
(3) Notwithstanding the repeal of the 1992 , k t , t11c rates cf tax OII pi^ fec:icn~,
trades, callings and cnl~iloyments specj5cd in h e Schcdulc to the said Act s!~all
continue to apply for the period commencingon the 1st day cf Apil1992 and ending
with the 30th day of September 1998 for the levy and collzcticn cf such tax for t 1s
said p r i o d whcre the tax duc under that Act has not k e n paid fcr the said l~erird.
(1) Thu provisions of this Chapter, cthei thnn the rates cf tax specified i n
sub-section (2) of section 169-B and the pprovisicns relating to penalty and interest,
slull mutatis mutandis apply to thz levy and ccllection of tax for the per i:;d
mentioned in sub-section (3).
( 5 ) The arrears of tau under the 1992 Act shall be paid in 5i.u equal haif-
JM~V inrtallnnnts in S U L ~manner and v:ithjn s'ich pcsicd as jliay L3 picscrifxd.'',
--
- . . ---
- -
.--c.-
-
0. 6291 CHENNAI, SATURDAY, SEPTEMBER 9,2000
Aavani 25, Vikkrama, Thiruvalluvar Aandu-203 1
I Part IV-Section
Tamil Nadu Acts and Ordinances.
2
I
3
The following Act of the Tamil Nadu Legislative Assembly receiked tlie assent of the
President on the 5th September 2000 and is hereby published for general information:-
I
I
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-first Year
of the Republic of India as follows:-
I
PART-I
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 2000. Short title and
commencement.
I appoint.
(2) It shall come into force on such date as the State Government may, by notification,
I
( a ) (i) here any hoarding (other than traffic sign and road sign) visible to the
traffic on the ro7d is hazardous and disturbance to the safe traffic movement, so as to
adversely affect free and safe flow of traffic and which is in existence immediately before
the date of the commencement of the Tam11 Nadu Municipal Laws (Amendment) Act,
2000 (herealier 111 t h ~ sectlor1
s referred to as the amendment Act), the Commissioner shall,
by notice in writlng, require the licensee or any person in possession, of such hoarding,
to remove such hoarding within such time as may be specified in the notice:
Procided that such time shall not exceed fifteen days from the date of issue of such
notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the Commissioner shall, without hrther notice, remove such
hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbanct
to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not
grant any lic.:nce under section 326-C and no such hoarding shall be erected, on and from the
date of the commencement of the amendment Act by any person;
(a) (i) where any hoarding (other than traffic sign and road sign) visible to the trafic
on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect
free and safe flow of trafic and which is in existence immediately before the date of the
commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this
section referred to as the amendment Act), the executive authority shall, by notice in writing,
require the I'censee or any person in possession, of such hoarding, to remove such hoarding
within such time as may be specified in the notice:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93
' I
Provided that such time shall not exceed fifteen days from the date of'issuc: of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the executive authority shall, without further notice, remove such
hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the executive authority is satisfied that the ereqtion of any hoarding
(other than traffic sign and road sign) visible to the traffic on the road i!, hazardous aqd
I
disturbance to the safe traffic movement so as to adversely affect free a d safe flow of tra'ific,
he shall not grant any licence under section 285-C and no such hoardin shall be erected, on
and from the date of the commencement of the amendment Act by an person;
PART-IV
4. After section 4 10-1 of the Madurai City Municipal Corporation Act, 1971, the following Insertion ofnew
Act 15 of section shall be inserted, namely:- section 410-J.
I
@
Provided that such time shall not exceed fifteen days fiom the date of issue of such notice;
I
(ii) where the hoarding referred to in sub-clause (i) is not removed within the time
specified in the notice, the Commissioner shall, without W e r notice, remove such hoarding i
d recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance
1
to the safe trafic movement so as to adversely affect fiee and safe flow of traffic, he s b l l not
grant any licence under section 4 10-C and no such hoarding shall be erected, on and fiom the
date of the commencement of the amendment Act by any person;
8:
.i,4
1
-
TAMIL ~ J A C I UGOVERNMENT GAZETTE EXTRAORDINARY
PART - V
(a) (I)where any hoarding (other than traffic sign and road sign) visible to the traffic
on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect
free and safe fl'ow of traffic and which is in existence immediately before the date of the
commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this
section referred to as the amendment Act), the Commissioner shall, by notice in writing, require
the E icensee or any person in possession, of such hoarding, to remove such hoarding within
such time as may be specified in the notice:
Provided that such time shall not exceed fifteen days from the date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the Commissioner shall, without further notice, remove such
hoafding and recover the expendture for such removal as an arrear of land revenue;
. .
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance
to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not
grant any licence under section 4 10-C and no such hoarding shall be erected, on and from the
date of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be
confiscated and removed by the Commissioner without any notice.".
PART VI -
AMENDMENT TO THE TAMIL NADU URBAN LOCAL BODIES ACT,
1998.
Insertion of 6 . After section 131 ofthe Tamil Nadu Urban Local Bodies Act, 1998, the following section Tam11Nadu
new section shall be inserted, namely:- Act 9 of 1999
131-A.
"131-A. Prohibition of erection of certain hoardings.-Notwithstanding anything
contained in this Act or in any other law for the time being in force, or in any judgment, decree
or order of any court, tribunal or other authority,-
( a ) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic
on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect
free and safe flow of traffic and whlch IS in existence immediately before the date of the
commencement of the 'I'amil Nadu Munlclpal Laws (Amendment) Act, 2000 (hereafter In this
section referred to as the amendment Act), the Commissioner shall, by notice in writing, require
theilicensee or any person in possesslon, of such hoarding, to remove such hoarding within such
time as may be specified in the notice:
frovided that such time shall not exceed fifteen days from the date of issue of such notice;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(ii) where the hoarding referred to in sub-clause (i) is not removed within the
time specified in the notice, the Commissioner shall, without further notice, remove such
hoarding and recover the expenditure for such removal as an arrear of land revenue;
(b) (i) where the Commissioner is satisfied that the erection of any hoarding (other
than traffic sign and road sign) visible to the traff~con the road is hazardous and disturbance
to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not
grant any licence under section E31 and no such hfelifigshall be erected, on and from the date
of the commencement of the amendment Act by any person;
(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be
confiscated and removed by the Commissioner without any notice.
Explanation.-For the purpose of this section, "hoarding" shall have the same meaning as
in the Explanation under iub-section (9) of section 131.".
i ,
K. PARTHASARATHY, I
Secretary to Government,
Law Department. I
i
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND FRINTING, CHENNAI
ON BEHALF O F THE GOVERNMENT O F TAMIL NADIJ
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
The following 4:r o f the Tamil Nadu Legislative Assembly received the assent of the
. I ~ 1 ;111dis llcrcby published for gcncral information:-
Prcsidcnl on ~ l l c14rll A u g t ~ s200
BE it c n a c ~ e dby h e Legislative Assembly of thc State o f Tamil Nadu in the Fifty-first Year
!
of thc Rcpublic of I ~ i d i iill S ~al10ws:-
PART-I.
PRELIMINARY.
1. ( 1 ) l'liis Act may bc c a l l e d the 'I'an~ilNadu Municipal Laws (Second Amendment) Short l i ~ l cand
Act, 2000. commence-
mcnt.
(2) 11 shall come into force on such date as the Srare Government may, by
~iolificalion,appoinl.
l3AR'I.+[[.
(6) Every election petit ion shall be tried as expeditiously as possible and cndeavour
shall be made to conclude the trial within six tnonlhs from the date on which 111ce l e c ~ i o npct it ion
is presenlcd to thr: Principal Judgc. City Civil Court, Chennai for trial.".
-
lnscr\io.~,*.' 3. ,'.:'.2r secrion 59 of the 19 19 Act. the follorving seclion sllall be inscr~cd.namely:--
new section
59-A. "59-A. Yoling tnachir~errl elections.-Notwithstanding any thing contained in this act
or the rules made thercundcr, ~ h giving
c and recording ol'voles,by voting machit~esmay bc
adopted in such ward o r wal-ds of r!le Corporalion as the State Elxrion Conimission may,
having regard 10 [he circurnstanc:~ o f earh casc, specify.
added, namely:-
" ( 5 ) Thc trial o f an election petition shall, so far as is prar ticable consistently with the
inte.rest of justice in respect o f the [rial. be conrinucd from day lo day unliI ils conclusion,
unless the District Judge Finds the adjournment of thc trial beyond t l ~ efollowing day to be
necessary for reasons to be recorded.
TAIMIL N A D U GOVERNMENT GAZETTE EXTRAORDINARY 61
- -----
(6) Every clccrion petition sllall bc lrjed as expcdiriousIy as possible and endeavour
shall be made to conclude Ihc trial w i ~ h i nsix 111otithsFrum ihc dace on which !he elcctioripetition
is presenled to thc Districr Judgc For trial.".
7. Arrcr section 66 o i the 197 1 Act. [he following section stiall be ,,~serted, namely:- Insenion of
new scction
"66-A. o~achitleat c1eclions.-Notwithstanding anything contained in this act
L'orillg
or tlic rules made [hereunder, [he giving and recording of votes by voting machines may be
adopted in such ward or wards o f the Corporation as thc Statc E l e c t i o ~Comrnission
~ may,
having. regard to the circumstal~ceso f each casc, specify.
PART-V.
8. 111scction 152-A o f the Coinlbalorc Cily Municipal Corporation Act, 1 98 1 (hereafier Amcndmenl
or scction
in Lbis Parr rcfcrred to as the I 9 5 1 11c11.after sub-scclion (4). the follorving sub-sections shall. 62-~.
bc added. nnmcly::
" ( 5 ) Thc !rial o f an election prritiori shall, so far as is practicable consistently w i t h the
in~cresto r justice in rcspect o f thc trial, be contiuued fro111 day to day until its conclusion,
unless !lit Dislricl Judge finds llie ndjournmcnl o f thc [rial beyond the follo\ving day to be
nccessary Tor rcasons Lo bc recorded.
9 . Al'rcr scction GP o f the 1981 Acr, the follow in^ section shal! be inserted, namely:- new scction
1f13cr'i0n Of
68-A.
"any amendment, transposilion or deletion o f any entry in the electoral rolI o f the
Tamil Nadu Legislative Assembly made after thc last date for mhking nominations for
election in ally municipali~y.".
62 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Inserrion of 1 1. Afier section I 0 of the 1998 Acl, the followirt~section shall be inserted, namely:--
new section
10-A.
"10-A. Voring !nuchine ar elections.-Notwithstanding anything contained in this act
'
or the rules made thereunder, the giving and recording of vorcs by votins machines may be
adopted in such ward or wards of a Municipali~yas the Tamil Nadu State Election Commission.
may, having regard to the circumstances o f each case, specify, I
M. BAULIAH,
Secreiary to Go~,ernmeri~,
Lnrr. Depa -fmcnr.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 91
----
The following Act of the Tamil Nadu Legislative Assembly received the assent
of thc Governor on (he 25th September 2001 and is hereby published for general
informalio~l:-
Act filr-rher ro nrnetd the Lnws relating to the Municipal Corporations and
M1inlcipolilies J-IJ the Srale ofTanril Nadu.
PART-I
(2) IL shall come into force on such date as the Slate Govenunent may, by
notification, appoint.
TO THE CHEWA!CITYMUNIC~PAL
AMENDMENTS CURW R A T ~ O NACT,191 9.
Act - Amendment of
19. 2 In section 52 of the Chennai City MunicipaI Corporation Act, 19 I9 (hereinafter section 52.
referred to as the 1919 Act),-
( I ) in sub-section (I), for the expression "while undxgoing the sentence and for
five years from the date of the expiration of the sentence". h e expression "while the
sentence is in force and for Y ia years fiom thc date of the expiralion of the sentence" shall
be substituted;
(2) in sub-section (1-A), for the expression "five years", the expression
"six years" shall be substjtuicd;
(3) a Fer sub-section (4), the following sub-section shall be added, nameIy:-
" ( 5 ) I f the Tamil Nadu State Election Commission is satisfied that a person,-
(a] has failed to lodge an account ofelection expenses within the time and in
thc manner required by or under this Act, and
( h ) has no good reason or justification for the failure,
the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu
Gnzefie, declare him to be disqclaliiied for being elected as, and for being, a
Cover-,rrrte~l~
councillor and any such person shall be disqualified for a period ~f lhrcc years from the
date of the order.".
Arnendwnl or
3. I n scciiun 54-A o f thc 1919 Act, in s ~ b - s e c t i o n(1). for the expression scction 5 4 4 .
"fifteen days", thc expression "forty-five days" shaIl be substituted.
- the Tamil Nadu State Elcctian Commission shall, by order published in the Tnnril Nuiirr
Government Gazerte, declare him to be disqualified for being elected as, and for being. a
Chairmanor a councilior, as the case may be, and any such person shall be disqualified for
a period o f three years from ihe date of the order.".
Amcndmcnt o f 5. In section 51-A of the 1920 Act, in sub-section (11, for h e expression "fifteen
section 51 -A.
days", the expression "fort:{-five days" shall be substit~~ted.
PART-IV
Amwdment of 6 In section 56 of the Madurai City Municipal Corporation Act, I97 1 (hcreimftcr -rarnil Nadu AI
scction 56. referred to as !he 197 1 Act),- 15 o r 1971.
(1) in sub-section (I j, for the expression "while undergoing the sentence and for
five years from the date of the expiration of the sentence", the expression "while [he
sentence is in force and ,brsix years from the dare 01 rhz exp:ratiol~of thc sentence" shall
be substituted;
(2) in sub-scc~~on (I-A), for the expression "five ycars" , tht exprccsicln
"six years" shall be substituted;
(3) after sub-section (41, thc following sub-section shall b~ added, namely:-
the Tdmil Nadu State Electiou Commission shali, by order published in the Tanli/hrndu
Govemmens Gnzerte, declare him to be disqualified for being elected as, and for being, a
councillorand any such pcrsou shall be disqualified for a period of three years from thc
date of the order.".
Amendment or 7. In section 60-A ofthe 1971 Act, in. sub-section ( I ) , for rhe expression .'liCtccn
section $0-A.
days", the expression "forty-five days" shall be substituted.
PART-V
CITYMUNICIPAL
AMENDMENTSTO THE CDIMBATORE C O R P O H , ~ACT,
~ION 198 1
Amendrncnt or & I n section 58 of the Coimbatore City MunicipaI Corporation Azl, 1981 .rarnil ~ a d ub
section 58. (hereinafter '--cd to as thc 198 1 Act),- 25 uf 1981
(1) in sub-scction (I), for the expression "while undergoing the s e ~ ~ t e n and
c e for
five years froin thc Jatc of the expiration of the sentence", the expression "whill: tirc
sentence is in force and for six years from the date of the cxpiration of thc sentence" shall
be substituted;
( 2 ) in sub-suction (2), for the expression "five years", the expression "six years"
sltall bc subslilu~cd;
"(6)If the Tamil Nadu State Election Commission is satisfied that a person,-
(a) has failed to Iodge an account of election expenses within the time and
in the manncr required by or under this Act, and
the Tamil Nadu Slate Election Commission shall, by order published in the Tarnil Nadu
Govcrtrn~e~rt Gazetre, declare him to be disqualified for being elected as, and for being, a
counci1Ior and any such person shall be disqualified for a period of three years fiU..l the
date of the order.".
9. In section 62-A of the 1981 Act, in sub-section (I), for the expression "fifleen Arncndrntn! of
days", the expression "forty-five days" shall be substituted. section 62-A.
PART VI -
MISCELLANEOCS.
10. In the 19 19 Act, the 1920 Act, the 197 1 Act and the 198 :Act, for the expressions Substitution or
"Srate Election Commission" and "StateElection Cornmissioner" wherever they occur, the the cxprcs-
expressions "Tamil Nadu Stale Election Commission'' and "Tamil Nadu Srate Election
Commissioner" shall, respectively, be substituted.
i::Elcction2 ~ ~ '
Commirrion"
and "Tamil
Nadu 'S!n!t
Elccrinn
omm missioner"
for thc
exprcssions
"S:atc Election
Commission"
and "S1otc
Elcction
Cornmissioncr".
M.BAULIAH, -.
Secretary to Government,
Law Department.
32 TAMIL N A D U GOVERNMENT GAZETTE EXTRAORD[NARY
--. - - -- -- ---
received tile assent ot'tlic
The following Act o f t l ~ e'l'amil Nadu Legislative Assei~~bly
Governor on the 26th May 2002 and is hereby published for general information:-
ACT No. 10 OF 2002. I
An Act firrlher ro anletlcl rhe luws relaring to the Mrmicipuf .C'orportr/ions it? rhr Strrrc
of Tamil Nadu.
BE it enacted by the Lesislative Assembly of the State of Tamil Nadu in the Fifty-third
I
Year of the Republic o ' India as follows:-
PART-I.
I
Shnn title and
PRELIMINARY.
1. ( 1 ) This Act may be called the Tanlil Nadu Municipal Corporations Laws
!
commence- (Amendment) Act. 2002. ..
.-3
(2) It shall come into force .@n such date as the State Gover:iment may, by
noti tication. appoint.
Suhstitution ol' 2. In the C'licnnai C'ity Mttnicipal Corporation Act, 1010 (hcrcnf'er in this Par[ I ,,,,,I N;,~,,A,
suctions 37 referred to as the 1910 Act), for s e c t i o ~ ~37s and 37-A, the follo\ving section shall be I V o f 1919.
and 37-A.
substituted, namely:-
"37. Mayor may obtain report.-- The Mayor m t y obtain report from the
commissioner on any matter connected with the administration of the corporation.".
Substitution o f 3. For section 78 of the 1919 Act. the following sections shall be substituted.
section 78. namely:-
(i) before the concerned standing committee (otherthan the standing committee
on taxation and finance), if thgentire estimated cost exceeds ten lakhs of rupees but does
not exceed fifteen lakhs of rupees:
(ii) befbre the standing committee on taxation and tinance, if the entire
estimated cost exceeds fifteen lakhs of rupees but does not exceed twenty lakhs of rupees;
(iii) before the council, if the entire estimated cost exceeds twenty lakhs of
rupees.
(b) the concerned standing committee or the standing committee on taxation and
finance or the council, as the case may be, shall consider the report and nlay approve it
either in its entirety or subject to modifications or may reject the same.
(2) (a) Where the council approves the project, subject to any modifications or
otherwise, the entire estimated cost of which exceeds fifty lakhs of rupees, the same shall
be submitted to the State Government.
*
(b) The State Government may sanction the project either in its entirety or
subject to modification or may reject the same and the work shall not be commenced
without such sanction of the State Government.
4. In section 80 ofthe 1919 Act, for sub-section (2). the following sub-section shall
be substituted, namely:-
(a) no contract the estimated cost of which does not exceed one lakh of rupees
shall be made by the commissioner unless it has been sanctioned by the concerned wards
committee;
(b) any contract the estimated cost of which exceeds one lakh of rupees but
does not exceed tell lakhs of rupees may be made by the commissioner;
( c ) no contract the estimated cost of which exceeds ten lakhs of rupees but
does not eucec.d fifteen lakhs of rupees shall be mad: hy the comniissioner unless it has
been sanctiont:d b~ the concerned standing conirnittee (other than the standing commit:ec
on taxation .me);
( t . 1 r.0 c?ntract the estimated cost ofwhich exceeds iucllry lakhs of tuj>eesbut
does not exccc-d fifty lahhs of rupees shall be made by the co~~i~,?issioner u n l e ~ sit has been
sa11ctioncJ bv the council;
,r :. no contract the estimated cost ofwhlch e\:cecds iltty !.kns of r ~ p e e shall
s
be made by sl?.. commixsioner unless it has been sat c!;ol?cd ) :1 t i * : %:ateGovenlment;
be-rc.?>,
-I te:i; I il\t :s'\i:,,tied cost .-hi. ': r u , a ~ %f'.5 I,; Iho~fdlldrupees
made h> 11.e % 3 r3,1ibr\ .?$,I -!,, . * i 1 3 i?*
a $1. R iti-c+ ornulittee within
Fiftceli J l v s ' \ilil t~li:.t d t c err ..!jich it has been 11.ia.l~.'
-
.-.
PART-I I I .
Substitution of
and 38-A.
5. In the Madurai City Municipal Corporation Act, 1971 (hereafter in this Part
referred to as the 1971 Act). for sections 38 and 38-A, the following section shall be
substituted, namely:- 1
1,lrnll Nadu
15ol.l971
"38. Mayor may obtain report.-The Mayor may obtain report from the
comm;ssioner on any matter connected with the administration of the corporation."
I
Substitution of
section 97.
6 . For section 97 of the 1971 Act, the following sections shall be substituted,
namely :-
shall be required;
(e) when the amount of estimate exceeds fifteen lakhs of rupees but does not
exceed twenty-five la'chs of rupees, the sanction of the council shall be required;
(0when the amount of estimate exceeds twenty-five lakhs of rupees, the sanction
of the Government shall be required.
98. Works costing more than five lakhs of rupees.--(]) where a project is
framed for the execution of any work or series of works the entire estimated cost of which
exceeds five lakhs of rupees.--
(a) the commissioner shall cause a detailed report to be prepared inc1udir.g such
estimates and drawings as may be requisite and shall lay the same,--
(i) before the'conderned standing committee (other than the standing committee
on taxation and finance), if the entire estimated cost exceeds five lakhs of rupees but does
not exceed ten lakhs of rupees;
(ii) before the standing committee on taxation and finance. ir the entire
estimated cost exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees:
(iii) before the council, if the entire estimated cost exceeds fifteen lakhs of
rupees;
(L;+he concerned standing committee, or the standing committee on taxation and
:-. Jnce or the council, as the case may be, shall consider the report and may approve O;
(b) The Gover,iment may sanction the project either in its entirety or sub-ject to
modifications or may reject the same and the work shall not be comtnenced without such
sanction of the Government.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 35
(c) No material change in the project sanctioned as aforesaid shall be carried into
effect without the sanction of th4Government.".
7. In section 99 ofthe 1971 Act, for sub-section (2), the following sub-section shall Arnendrnentof
be substituted, namely:- section 99.
"(2)Every contract on behalfofthe corporation shall be made by the commissioner
subject to the following provisions, namely:-
(a) no contract the estimated cost of which does not exceed fifty thousand rupees
shall be made by the commissioner unless it has been sanctioned by the concerned wards
committee:
(b) any contract the estimated cost; of which exceeds fifty thousand rupees but
does not -exceed five lakhs of rupees shall be made by the commissioner;
(c) no contract the estimated cost of which exceeds five lakhs of rupees but does
not exceed ten lakhs of rupees shzll be rcade by the commissioner unless it has been
sanctioned by the concerned standing committee (other than the standing committee on
taxation and finance);
(d) no contract the estimated cost of which exceeds ten lakhs of rupees but does
not exceed fifteen lakhs of rupees shall be made by the commissioner unless it has been
sanctioned by the standing committee on taxation and finance;
(e) no contract the estimated cost of which exceeds fifteen lakhs of rupees but
does not exceed twenty-five lakhs of rupees shall be made by the commissioner unless it
has been sanctioned by the council;
(f) no contract the estimated cost of which exceeds twenty-five lakhs of rupees
shall be made by the commissioner unless it has been sanctioned by the Government;
(g) every contract the estimated cost of which exceeds ten thousand rupees made
by the commissioner shall be reported to the concerned standing committee within fifteen
days from the date on which it has been made.".
PART-IV.
8. In t h Coimbstore
~ City Municipal Corporation Act, 1981 (hereafter in this Part Substitutioci of'
referred to , the 1981 Act), for sections 39 and 39-A, the following section shall be S'cti0'1s39
and 39-A.
substituted, an1ely:-
"39. Mayor may obtain report.--The Mayor may obtain report froin the
commissioner on any matter connected with the administration of the corporation.".
9 For section 99 of the 1981 Act, the following sections shall be substituted, Substitu~ionol'
nan1ely:- section 99.
( a ) when the amount of estimate does not exceed fifty thousand rupees, the
sancrion of llic concerned wards committee shall be required:
( b ) when the amount of estinlate exceeds fifty thousand rupees but does not
exceed five laktis of rupees. the sanction of the comniissiolier shall be required;
( c ) wlien tllc aniounl ol'estimale cscceOs tivo laklls ol'rupees but does not escrcd
ten laklis 01' rupees. the sanction uf the concerned standin;; committee (other than the
standing conitnittee on taxation and finance) shall be required;
36 TAMIL, NADlJ GOVERNMENT GAZETTE EXI'KAORDINAIlY
- ---
(d) when the amount of estimate escccds tcn lakhs oI'r[rpcc$ but does no1 e\ccctl
fifteen lakhs'of rupees, the sanction of the standing committee on taxation and tinancc
shall be required;
(e) when the amount of estimate exceeds fifteen lakhs of rupees but does IN
exceed twenty-five lakhs of rupees, the sanction of the council shall be required:
( f )when the ainount of estimate exceeds twen' y-five laklis of r~tpees,the sanction
of the Government sl?all be required.
100. Works costing morn than five lakhs of rupees.--(I) Where a project is
framed for the execution of any work or series of wor1.s the entire estimated cost of whicli
exceeds five lakhs of rupees,--
(a) the comnlissioner shall cause a detailed report to be prepared includi~~g
s~rch
estimates and drawings as may be requisite and shall lay the same,--
(i) before the concerned standing committet (other than the standing
committee on tisation and finance), if the entire estimated cost exceeds five lakhs of
rupees but does not exceed ten lakhs of rupees;
(ii) before the standing committee on taxation and finance, if the entire
estimated cost exceeds ten lakhs of rupees but does not exceed fifteen lekhs of rupees;
(iii) before the council, if the entire estimated cost exceeds fifteen lakhs of
rupees;
(b) the concerned standing committee or the standing committee on taxation and
finance or the council, as the case may be, shall consider the report and may approve it
either in its entirety or subject to modifications or may reject the same.
(2) (a) Where the council approves the project subject to any modifications or
otherwise. the entire estimated cost of which exceeds twenty-five lakhs of rupees. the
smlre shitll t~ sut~trrirtr\ito the Go\ crrlrtlcnt.
(h) The Gokernmrnt map sanction rhs pro-iect either in irs entiret or subject to
moditicntions or ma\. reject the same and rhe \stork sha!l nor be commenced w~thoutsi~ch
sanction of the Gokernment.
(c) No material change in the project sanctioned as aforesaid shall be carrieci into
effect h;.I~outthe sanction of the Government.".
Amendment of 10. In section 10 1 of the 1981 Act, for sub-section (2), the following suo-section
section lo[. shall be substituted, namely:-
"(2) Every contract on behalfofthecorporation shall be n.ade by thecommissionex
subject to the following provisions. nii~nely:-
(a) no cor,iract the estimated cost of whicli does ntv exceed +if:~rthousand rlr!)zes
shall be made by the commissioner unless it has been sanctioned 1?) the concerned tvdrdc
committee;
(b) any contract the estimated cost of which excce<!s fifty thor~sar~d
rupeec. b171
does not exceed five lakhs of rupee: shall be made by the comrni~~tc7:ier:
(c) no contract the estimated cori of which ex.- ..,.s 5vc lakhs of nipel-l; hut !!.w
not exceed ten lakhs ,of rupees shall be mad5 by :hc ~nmrnr~r;:zlne:mles- it C;!. b t c r ~
sanctioned by the concerned standing cernm:rtee (other than thc st;i:iding cor~-i~ni,~'~c: c!~
taxation and finar ce); ,
i
1i (d) no contract the estimated cost of whici. exceeds ten !akhs nf rupres bui .:or.b
not exceed fifteen lakhs of rupees shalLbe made by the cornmissloner tlnicss it has heen
sanctioned by the standing committee on taxation and finance;
i
-- J P . i d .; U .tdiJ 'a '
."
(e) no contract the estimated cost of which exceeds fifteen lakhs of rupees but
does not exceed twenty-five lakhs ef rupees shall be made by the commissioner unless it 2'
A. KRISHNANKUTTY NAIR,
Secretary to Government,
Law Department.
i
TAMIL NADlJ GOVERNMENT GAZETTE EX~'RAORDINARY - 45
I The following Act ofthe Tamil Nadu Legislative Assembly received the assent ofthe
Governor on the 26th Mav 2002 and is herebv ~ublishedfor general information:--
PART-I.
PRELIMINARY.
I. ( I ) This Act may be called the Tamil Nadu Municipal Corporations and Tpwn and short title and
Country Planning Laws (Amendment) Act, 2002. \ commence-
ment.
L (2) It shall come into force on such date as the State Government may, by
notification. appoint.
PART-I I.
du ~ c t 2. In the Madurai City Municipal Corporation Act, 1971, after section 283, the ~nsertionofnew
1971. following section shall be inserted, namely:- section 283-A.
I
i
"283-A. E x e m ~ t i o nin r e s ~ e c of
t unauthorised construction o r alteration of
buildings.- ( 1 ) Notwithstanding anything cont;~ilicdin this Act o ~ i any
n other law for the
time being in force, the Government or an> olf'icer or authority authorised by the
Government, by notification, in this behalf may, on application, by order exempt any
building or class of buildings constructed or altered unauthorisedly on or before the 3 1st
day of March 2002 in the municipal area, fron* all or any of the provisions of this Act or
any rule or regulation made thereunder, by collecting regularisation fee at such rate not
exceeding twenty thousand rupees per square metre, as may be prescribed. Different rates
may be prescribed for different classes of buildings and for different parts of the
municipal area.
(2) The application under sub-section ( I ) shall be made on or before the 31st day
of J~lly2002 in such form containing such particulars and with such documents and such
application {kc, a s may be prcscribcd.
(3) Upon the issue of the order under sub-section ( I ), permission shall be deemed
to have been eranted under this Act for S L I C construction
~ or alteration of building.
(4) Nothing contained in sub-section ( I ) shall apply to an) application made by
any person who does not have any right over the building referred to in sub-section ( I ) .
tI
( 5 ) Save as otllerwise provided in this section, the provisions of this Act, or other
law. for the time being in force, and rules or regulations made thereunder. shall apply to
the development of building referred to in sub-section ( I 1.
(6) Any person aggrieved by any order passed ulider sub-section ( I ) by any
officer or authority may prefer an appeal to the Government within tliirt! days from the
, date of receipt of the order.
(7) The fee collected under this sec~ionshall be crcdite! to iiovernment account
in such Inanner as may be prescribed.".
46 'TAMIL NADU GOVERNMEN I' GAZE'TTE EXPrRAOKL)INC
Insertion of new 3. In the Coimbatore City Municipal Corporation Act. 1981, after section 28.
Amendment o
section 283-A. following section shall be inserted. namely:-
Sixth
"283-A. Exemption in respect of unauthorised construction o r alteratic
Schcdulr.
buildings.,-- (1) Notwithstanding anything contained in this Act or in any othe
for the time being in force, the Government or any officer or authority authorised h
Government, by notificatiion, in this behalf may, on application. by order. exemp
building or class of buildings constructed or altered unauthorisedly on or before the
day of March 2002 in the municipal area, from all or any of the provisions of this A
any rule or regulation made thereunder, by collecting regularisation fee d t such rat
exceeding twenty thousand rupees per square metre, as may be prescribed. ~ i f f e r e n t
may be prescribed for different classes of buildings and for different parts o
municipal area.
(2) The application urrder sub-section ( I ) shall be made on or before the 3 Is
of July 2:?0:' in such form containing such particulars and with such d o c i i ~ n ~ ~and
lts
application fee, as may be prescribed.
(3) Upon the issue ofthe order under sub-section ( I ) , permission shall be dee
to have been granted under this Act for such construction or alteration of building
(4) Nothing contained in sub-section ( I ) .hall apply to any application mad
any person whc does not have any right over the building referred to in sub-section
(5) Save as otherwise provided in this section. the provisions ofthis Act. or c
laws for the time being in force, and rules or regulations made thereunder, shall app
the t1evt:lopment of building referred to in sub-section ( I ) .
( 6 ) Any person aggrieved by any order passed under sub-section ( 1 ) by
officer or authority may prefer an appeal to the Government within thirty days from
date of receipt of the order.
( 7 ) The fee collected under this section shall be credited to Government accc
in such manner as may be prescribed.".
PART-IV.
tnscrtioti of nr\v 4. 111 the Tamil Nadu Town and Country Planning Act, 197 1 . after section I 13-A.
section 113-B following section shall be inserted, namely:-
" 1 13-B. E x e m p t i o n in r e s p e c t of d e v e l o p m e n t of c e r t a i n l a n d s
(1) Notwithstanding anything contained in this Act or in any other law for the time be
in force. the Government or any officer or authority authorised by the Government.
notification, in this behalfmay, on application. by order, exempt any land or class of la
developed on or before the 3 1 st day of March 2002 in the municipal areas of the Madu
Coimbatcre. Tiruchirappalli, Tirunelveli and Salem City Municipal Corporations fr
all or any of the provisions of this Act or any rule or regulation made thereunder,
collecting regularisation fee at such rate not exceeding twenty thousand rupees per squ
metre, as may be prescribed. Different rates may be prescribed for different plann
parameters and for different parts of the municipal areas of the Madul--.i. Coinihatc
...
I ~ruchirappalli,Tirunelveli and Salem City Municipal Corporations.
( 2 ) 'The application under sub-section ( I ) shall be made on or befo;e the 3 1 st (
of July 2002 in such form containing such partici~larsand with such docuinents and st
application fee. as may be prescribed.
47 -___
NADU GOVERNMENT GAZETTE EXTRAORDINARY
)[NARY
p o n the issue of the order under sub-section ( I ) . permission shall be deemed
granted under this Act for such developtnent of land. ,sent of the
lothing contained in sub-section ( I ) shall apply to any-application made by
~ h does
o not have any right over the land referred to in sub-section (I).
,ave as otherwise provided in this section. the provisions of this Act, or other 975.
time being in force, and rules or regulations made thereunder, shall apply to
nent of,land.referred to in sub-section ( 1 ). 'ifty-third
Any person aggrieved by any order passed under sub-section ( I ) by any
~thoritymay prefer an appeal to the Government within thirty days from the ~endment) Short title and
ipt of the order. commence-
, ment.
The fee collected under this section shall be credited to Government accoutlt may, by
ner as may be prescribed.".
Amendment of
Schedule.
(By order of the Governor) hundred
shall be
:es" shall
A. K K I S H N A N K U T T Y NAIK,
Secretary to Government,
Law Department. mes" shall
shall be
shall be
Rupees"
- --- -- ---_ ___
TRAORDINARY 139
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 4th June 2002 and is hereby published for general information:-
ACT No. 29 O F 2002.
A n Act .fill-ther to urnend tlie Larvs relating to Mtrnicipal Corporations arrd
Mlrnicipalities in the Stare of Tamil Nftdu.
BE it enacted by the Legislative Assembly o f the State of Tamil Nadu in the
Fifty-third Year of the Republic of India as follows:--
,
PART-I.
PRELIMINARY.
1. This Act may be called the Tamil Nadu Municipal Laws (Amendment) Shorttitle.
PART-11.
AMENDMENT TO THE CHENNAI crm MUNICIPAL CGRPORATION ACT, 1919.
2. In the Chennai City Municipal Corporation Act, 1919 (hereinafter referred to Insertion ofnew
0f1919 as the 1919 Act), after section 52, the following section shall be inserted, namely:- section 52-A.
A, KRISHNANKUTTY NAIR,
Secretary ro Government,
L ~ HDcprrra~ait.
J
> .
. -----
The following Act c f the Tamil Nadu Legislative Asse~nblyreceived the assent of
the Governor on the 1st June 2002 and iS hereby published for general information:-
ACT No. 31 OF 2002.
An Act jirrther to amend the Lanrs relating to tlte Municipcil Corporations and
Municipalities in the State of Tiin~ilNadu.
B E it enacted by the Legislative Assenibly of the State of Tamil Nadu in the
Fifty-third Year of the Republic of India as follows:---
PART-I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Second Short title and
Amendment) Act, 2002. commencement.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
PART-I1
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CGRI'ORATION ACT, 1919.
2. In the Chennai City Municipal Corporation Act, 1919 (hereafter in this Part Insertionofnew
'91 section 25-8.
referred to as the 1919 Act), after section 25-A, the followitig section shall be
inserted, namely:-
"25-B. Mayor, Deputy Mayor-or councillor to obtczin per.mission to untlertake
trip to foreign country.-No person holding the office of Mayor, Deputy Mayor or
councillor shall undertake any trip to any foreign country in his officib; capacity as
such, except with the permission in writing of the State Government.". .
3. After section 358 of the 1919 Act, the following section shall be inserted, lnsenionofnew
section 358-A.
PART 111.
AMENDMENTS TO THE MADIJRAI CITY MUNICIPAL CORPORATION A n , 1971.
4. In the Madurai City Mdnicipd Corporation Act, 1971 (hereafter in this Part Insertio~,ofnew
"" referred to as the 1971 Act), after section 25, the following section shall be inserted, SCCti"q25-A
~~lllllsll,~,l
\\ 1111 I I I I C \\ I\ICI\ lll,l\ ',\\L ,It1 10 O I I C l l l ~ ~ l l \ ~ ~
~ lI lI~~l ~ ~ c s . ' ' .
5
150 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
i
PART IV.
AMENDMENTS TO THE C'OIMBA~I-ORE
CITY MI!NICIPAI.
CORPORATION ACT, 1981.
01- new
IS
IIIJ
Inserticrn of new
25-A.
6. In the Coimbatoi-e City Municipal Corporation Act. 1981 (hereafter ~n this
Part referred to as the 1981 Act). after section 2 5 , the following section shall b:
inserted, namely:-
1r
"25-A. M(rj.or. Dcpirt) Mayor c~rcourlcillor to o h t ~ i ipel-lnis~io~r
~ to ~tri(lert~ke
trip to foreigrr courttry.-- No person holding the office of Mayor, Deputy Mayor or ,
councillor shall undertake any trip to any foreign country in his official capacity as
such, except with the permission in writting of the Government.".
I
Insertion of new 7. In the 1981 Act, after bci,;a., -:1?,the follcwing section shall be inserted,
section 442-A.
namely:-
"442-A. i3ennlt~~
for.failrrre to obtain pt~rrrtiss.ionof Govern~nent.for.fo~-eig~~
trip.--
Whoever undzrtakes a trip to any foreign country in violation of section 25-A shall
be punished with fine which may extend to one thousand rupees.".
PART V. .
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
8. In the Tamil Nadu District Municipalities Act, 1920 (hereafter in this Part
'*-''.
~nsertionof new
referred to as the 1920 Act), after section 12-B, the following section shall be
Tal
inserted, namely:-
"12-BB. Chnirncrn. vice-chnirntan or councillor to ohtciin permission to
undertake trip to foreign country.-- 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.".
Insertion of new 9. After section 314 of the 1920 Act, the following section shall be inserted,
section 3 1 4 4 . namely:-
A. KRISHNANKIITI'Y NAIR,
to G O I . P I - I ~ I ~ I L J I ~ ~ ,
Set ~'etni:~'
L ~ IDc~p(~i*trnoi/t.
?
4
4 : J
-
-
1nforn1ation:-
ACT No. 42 O F 2002.
PRELIMINARY.
' Short title and
1. ( 1) This Act may be called the Tamil Nadu Municipal Corporations and Town and
Country Planning Laws (Second Amendment) Act, 2002. commence-
ment.
(2) It shall be deemed to have come into force on the 30th day of July '902.
PART-I1
A~nentirnentto tlie Madurni City Municipal Cbrporntion Act, 1971.
PART-I11
Atnundment to the Coimbatore City Municipal Corporation Act, 1981.
3. In section 283-A of the Coimbatore City Municipal Corporation Act, 1981, in ~ m e n d m e n of
t
sub-sec tion (2), for the expression "3 1 st day of July 2002", the expression "3 1st day of sectton 283-A.
December 2002" shall be substituted.
I
PART-IV
I I I L Corporation Act, 1981 or the I d l l l r l :;c.~LI Tow11 and Country Planning Act, 1971, as
2' 0 1 l o x l anlended by the sald Ordinance, shall be deen~edto have been done or taken under the
ran111 Nntlu ALL Madural ('lty Mun~crpalCorporat~onAct, 1971 or the Coinlbatore City Municipal
'j"l C o ~ p o ~ a Act, t ~ o 198
~ ~ 1 or the Tain~lNadu Town and Country Planning Act, 1971, as
Imill N ~ d u.\cc a r n e ~ ~ d rbyd t h ~ sAct.
The following Act of the 'Tamil Nadu Legislative Assembly received the assent of the
Governor on the 26th November 2002 andJ
is hereby published for general information:-
ACT No. 53 OF 2002.
An Act to amend the Tamil Nadu Municipcrl Laws (Second Amendment) Act. 2002.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year
of the Republic of India as follows:-
PART-I.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment) Short title and
Amendment Act, 2002. commence-
ment.
(2) It shall come into force at once.
2. After section 2 of the Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 Insertion of
(hereinafter referred to as the 2002 Act), the following section shall be inserted, namely:- ;I;.
"2-A. After section 43 of the 1919 Act, the following sc ction shall be inserted,
namely:-
43-A. State Government 3 power to remove Mayor, Deputy Mayor or Councillor
convicted under section 358-A.-41) Notwithstanding anything contained in this Act, the
State Governrnent may, by notification, remove any Mayor, Deputy Mayor or Councillor
who is convicted twice of an offence punishable under section 358-A.
(2) The Stlte Govlcrnrnent shall, when they propose to take action under
sub-section (I), give the Maycx, Deputy Mayor or Councillor concerned an opportunity to
explain and the notification issued under the said sub-section shall contain a statement of
the reasons of the State Government for the action taken.
(3) Any person removed under sub-section (1) from the Ofice of Mayor, Deputy
Mayor or Councillor, as the case may be, shall not be eligible for election to the said ofice
until the date on which notice of the next ordinary election to the Corporation is published
in the prescribed manner or the expiry of one year from the date specified in such notification,
whichever is earlier.".
3. In section 3 of the 2002 Act, in section 358-A proposed t l be inserted in the Chennai of
City Municipal Corporation Act, 1919, for the expression "shall be p~~nished with fine which section 3.
niay extend to one thousand rupees", the expression "shall, on conviction, be punished with
fine which may extend to fifty thousand rupees" shall be substituted.
4. After section 4 of the 2002 Act, the following section shall be inserted, narri~.,:- Insertiun 01
"4-A. After section 45 of the 1971 Act, the following section shall be inserted,
namely:--
45-A. G'o~vr.rrr?~ent'spower. to remove Mayor, Dc~p.~luty Mqpr or Cotmcillor
corzvictvti rtnder. svctlon 443-A.-(I) Notwithstanding anything contained in this Act, the
Government may, by notification, remove any Mayor, Deputy Mayor or Councillor who is
convicted twice of an offence punishable under section 443-A.
(2) The Governrnent shall, when they propose to take action under sub-section ( I),
g;j tk: Mayor, Deputy Mayor or Councillor concerned an opportunity to explain and the
notification issued under the said sub-section shall contain a stalement of the reasons o i
thc'Govenin~ent for the action taken.
(3) Any person removed under sub-svtioi (1) from the Office of Mayor. Deputy
Mayor or C'ouncillo~,as the case may be, shall not be elig~blefor clection to the said office
TAMIL NADU GOVERNMENT GAZETTE EX'I'KAUI<UINNKI
until the date on which notice of the next ordinary election to the Corporation is published
in the prescribed manner or the expiry of one year from the date specified in such notification,
whichever is earlier.".
Amendment ol' 5. In section 5 of the 2002 Act, in section 443-A proposed to be inserted in the Madurai
section 5. City Municipal Corporation Act, 1971, for the expression "shall be punlshetl with fine which
may extend to one thousand rupees", the expression "shall, on conviction. be punished with
fine which may extend to Efty thousand mpees" shall be substituted.
PART-IV.
Insertion of 6. Afer section 6 of the 2002 Act, the following section shall be inserted, namely:-
new section
6-A. "6-A. After se:tion 47 of the 1981 Act, the fol!owing section shall be inserted,
namely-
47-4. Government's power to remove Mayor, Deputy Muyor or Councillor
convicted under section 442-A.-41) Notwithstanding anything contained in this Act, the
Government may, by notification, remove any Mayor, Deputy Mayor or Councillor who is
convicted twice of an offence punishable under section 442-A.
(2) The Govenunent shall, when they propose to take action under sub-section (I),
give the Mayor, Deputy Mayor or Councillor concerned an opportunity to explain and the
notification issued under the said sub-section shall contain a statement of the reasons of
the Govenunent for the action taken.
(3) Any person removed under sub-section (1) fiom the Office of Mayor, Deputy
Mayor or Councillor, as the case may be, shall not be eligible for election to the said office
until the date on which notice of the next ordinary election to the Corporation is published
in the prescribed manner or the expiry of one year fiom the date specified in such notification,
whichever is earlier.".
Amendment of 7. In section 7 of the 2002 Act, in section 442-A proposed to be inserted in the
section 7. Coirnbatore City Municipal Corporation Act, 1981, for the expression "shall be punished
with fine which may extend to one thousand rupees", the expression "shall, on conviction,
be punished with fine which may extend to fifty thousa~drupees" shall be substituted.
PART-V.
Insertion of new 8. After section 8 of the 2002 ~ c tthe
, following section shall be inserted, namely:-
section 8-1.
"8-A. After section 40-B of the 1920 Act, the fc,llowing section shall be inserted,
namely:-
40-BB. State Government's power to remol t Chairman. Vice-Chairman or
Councillor convicted u d e r section 314-A.-41) Notwithstanding anything contained in
this Act, the State C overnment may, by notification, remove any Chairman, Vice Chairman
or Councillor who 1s convicted twice of an offence punishable under section 3 14-A.
(2) The State Government shall, when they propose to take action under
sub-section ( 1), give the Chairman, Vice-chairman or Councillol concerned an opportunity
to explain and the notification issued under the said sub-section shall contain a statement
of the reasons of the State Government for the action taken.
(3) Any person removed under sub-section (1) from the Office of Chairman,
Vice-Chairman or Councillor, as the case may be, shall not be eligible for electi In to the said
ofice until the date on which notice of the next ordinary election to the Municipal Council
is published in the prescribed nlanner or the expiry of one year from the date specified in
such ~~tification. v;hirb--~:r iq earlicr ",
9.
Nadu District Municipalities Act, 1920, for the expression "shall be punished with fine which
may extend to one thousand rupees", the expression "shall, on conviction, be punished with
fine which may extend to fifty thousanditupees" shall be substituted.
A. KRISHNANKUTTY NAIR,
Secretmy to Government.
Law Department.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 47
-
The following Act of the Tam11 Nadu Legislative Assembly rece~vedthe assent of'the
Governor on the 23rd April 2003 and 1s hereby published for general information: - 1
ACT No. 8 OF 2003.
I
An Act further to amerld the Mndurai C'itj.Milrricipal GI-porc~tion.-lcr. 1971, the*
Coirnh(1tor-rCity M~rnicipnlCor.por-cltionAct, 1981 crnti the TOI?II/
~VrrtllrT o ~ *trnd
n
Country Planning Act, 1971.
BE it enacted by the Legislative Assembly of the State of'ramil Nadu in the Fifty-fourth Year of
the Republic of India as follows:--
PART-I.
1
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Corporations and Town Short title and
I
and Country Planning Laws (Amendment) Act, 2003. commencement.
(2) It shall be deemed to have come into force on the 1st day of January 2003.
I
PART 11.-
AMENDMENT TO THE MADURAI CITY
MUNICIPAL CORPORATION ACT, 1971.
Nadu Act 2. In section 283-A of the Madurai City Municipal Corporation Act, 1971, in Amendment
)f1971. sub-section (2), for the expression "31st day of December 2002", the expression "30th of section
day of April 2003" shall be substituted. 283-A.
-
PART 111. I
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
Nadu Act 3. In section 283-A of the Coimbatore City Municipal Corporation Act, 1981, in Amendment
of 1981. ofsection
283-A.
sub-section (2), for the expression "31st day of December 2002", the expression "30th
day of April 2003" shall be substituted.
PART - IV.
AMENDMENT TO THE TAMIL NADU TOWN AND
I
COUNTRY PLANNING ACT, 1971.
LdU ~ c t 4. In section 113-B of the Tamil Nadu Town and Country Planning Act, 1971, in
?I".
,.
sub-section (2), for the expression "3 1st day of December 2002", the expression "30th
day of April 2003" shall be substituted.
;igT
A. KRISHNANKUTTY NAIR,
Seci.c.ttrr~.to Government,
Law L)c~pl,~~.rrnrtrf.
TAMIL. N A D U G O V E R N M E N T GAZETTE E X T R A O R D I N A R Y 91
-- -,
6
fhe follon.i~~g
Act of the I'am~lNadi~1.rgislative Assembly received the assent ofthe
( l o t crnor on the 17th May 2003 a~itl1s hereby published for general tnformat~on:- -
ACWI'No. 10 O F 2003.
HI it enacted by the Legislative Assen~blyof the State of Tamil Nadu in the Fifty-fourth
year of the Republic of India as follows: -
PART-I'
PRELIMlNARY
1. ( I )This Act may be ca!led the Tamil Nadu Municipal Laws (Amendment)Act. 2003. Short title and
commence-
(2) It shaH come Into force on such date as the State Government may, by ment.
notification, appoint.
.'
PART-TI *
4 5
I * t- .' I ..'jd
(2) after sub-section (4), the f~llowingsub-section shall be added, namely:-
. . :1(5) The fee padsunder sub;section (1) shall be credited to the State
Government account in such manner as may be prescribed.". a ,,, ,
d,
;4., ;After.ser?&ion326-C of the principal Act, the following section shall be inserted, Insertion of
namely:- - new section
326-CC.
., ., . "3F6;CC. Tnxonadvertisement~onhoardings.-- ( 1) Notwithstanding anything contained
in this Act, every person, who is granted licence under section 326-C shall pay4 onwei'y
advertisement on hoardings, a tax calculated at such rates as may be prescribed, having
, , , .*'/
tigard to the tiication, siie, feach and nahre bfthe advertisement but subject fa the maxima
and minima spec~fiedin the Table below.-
THE 'TABLE
Loc(rtiol1 trrrri Natlll-r
(1I (2)
2. Ilo:~rtlingsin'lnain road \\-it11 bus routc--
((1) \vitl~oi~t
ligliting
( h ) n it11 ordinary lighting
((.) \\:it11 neon or mercury lighting
Amendment of 5. In section 326-D of the principal Act, for the expression"Coniniissioner", ill two
wtim 326-1). places w1iel.e i t occurs, the expression "District Collector" sliall be substituted.
Amcndmc~il of 6. In section 3 2 0 - 1 of thc principal Act, for the expression "Conimissioner", the
sccli(ln 320-E. expression "District Collector" shall be substituted.
Anicndme~itof 7. In section 326-F of the principal Act, for the expression "Conin~issioner",in two
section 326-1'. places where it occurs, the expression "District Collector" shall be substituted.
Atmdment of 8. In section 326-H df the principal Act,--
.Section 326-H.
{I) in sub-section ( I ) , - -
( ( I ) for the expression "Standing Committee", the expression "State
Government" shall be substituted;
. -
(b) for the expression "Cornnlissioner", the expression "District Collector"
+. ,
r
shall be substih~ted;
(2) in sub-section (3), for the expression "Standing Committee", the expression
"State Government" shall be substituted.
Amendment 9. In section 326-5 of the principal Act, for the expression "Comnmissioner". in four
of Section places where it occurs, the expression "District Collector" shall be substituted.
326-J.
PART-111
AMENDMENTS '1'0
THE TAMII, NADIJ DISTRICT MUNICIPALI'TIES ACT, 1020.
Anlendnlcnt of 10. In section 285-B oftlw 'I'amiI Nadu Disiricl Municipalities Act, 1920 (hereafter in 'I.aniii ad
section 285-0. tixis Part re,^erred to as the principal Act), in sub-section ( I ), for the expression "executive 19
authority". the expression "District Collector" sliall be substituted.
Anrmdnunt of 11. In sectiotl 285-C' of the principal Act,--
section 285-C.
( 1 ) Ihr [lie expression "executive authority", in three places where it occurs. tht:
expression."I)istrict Collector" shall be substituted.
(2) after suh-section (4),the following sub-section shall be added, namely:
" ( 5 ) 'The fee paid under sub-section ( I ) shall be credited to the State
Goverllnieni account i l l such manner as may be prescribed.".
Insertion of 12. A tier section 285-(' of the principal Act. the following section shall be inserted.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93
having regard.to the location, rife, reach and na,ture of the advertisement but subject ib
& .I-- .!!. -_
---- I _ri.l_. .&
LIICnlaxlrna anu rnlntma speclr~ea
:, m
in me r t
laole r!
oelow:-
rr
1 . 1.1
:I . ; ' I '.: . J , ! , ' )I ' ' I ' 1.1 i < ~ > i r ~ b n . dr~ A '; "F
r'
# ! I ,.,, <, ,,,,: '. , THE TABLE ~ ~ I J I ~ = J > aF ~
ifikl
k
~>
., , Location
.; , and- Natrrre. I square tax per
Rates oftnetre per .Itrr.;r+~A , '
hnif ypar: Z
:,.,
k (Rupees).
&?
@ 1 ) * ) t
(1) , (2) ,, 1 ,, l....
P
Minimum Maximum
Municipalities
1. Hoardings in arterial road w ~ t hbus route-
r
I ( a ) without lightlng
( h ) with ordinary lighting
75 300
R
(5) with neon or mercury lighting
2. Hoardings in main road with bus route-
( a ) without lighting
Town Panchayats
1. Howdings in arterial road with bus route-
( a ) without lighting (X) 180
(h) with ordinary lighting 80 360
(c) with neon or mercury lighting !XI 450
2. Hoardings in main road with bus routc-
(a) without lighting 40 120
(b) with ordinary li~htlng 0 240
( c ) with neon or mercury lighting 70 300
(2) S e ~ e n t y - he\ pet cent of the tax p a ~ dby e\ el y person. under sub-sectton ( I )
I
shall be credt ed to the State (;overnnient accoilnt anqi the balance of taenty-five per cent
shall be crrdi ed to the cotice~netlMuntcipality or 'To\$n Panchayat account wtthin \those
jurisdiciion such tax has becti collected in such manner as may be prescribed.".
Amendment of 13. In se2tion 285-I) of the prtncipal Act, for the expression "executive authority". in
section
two places w)lere it occurs, the expressioll "District Collector" shall be substituted.
285-1).
Amendment of 14. Insection 285-Eofthe principal Act. for the expression " executive authority", the
section expression "District Collector" shall be substituted.
285-E.
Amendment of 15. In section 285-F of the principal Act, for the expression, "executive authority", in
section t w ~ p l a c e where
s it occtirs, the expression "District Collector" shall be substituted.
285-f:
Amendment of 16. In section 285-H of the principal Act,- . .. . > ..
scction
285-CI. ( I ) in sub-section ( I ).--
(a) for the expression "Taxation Appeals Committee", the expression "State
Government" shall be substituted; I
..
PART-IV
150
i
/
Maxmutn
400 I
( 6 )with ordinary lighting
( c ) with neon or mercury lighting IoO
300 1 600
700 Il
11
t,
1
?
2. Hoardings in main road with bus route-
I
(a) tvitho~tligliting
( b )with ordinary lighting
100 300
I
( c ) with neon or mercury lighting
L 3. Hoardings in other road or street--
I
(rr) without lighting
k
p1 ( b )with ordinary lighting
( c ) with neon or mercury lighting
(2) Seventy-five per cent of the tax paid by every person, under sub-sectlon ( 1 ) shall
be credited to the Government account and the balance of twenty-five per cent shall be
credited to the Corporation account in such maniler as may be prescribed.".
21. I11 section410-D of the principal Act, for the expresslon "Comm~ssioner",in two Amcndnient ol
scctivn
places where it occurs, the expression "District Collector" shall be substituted.
410-D
22. In section 410-E of the princlpal Act, for the expresslon "Con~m~ssioi~er",
the. ~ m c n d m e n tof
scc t loll
expression "District Collector" shall be subst~tuted. 4 I 0-E
23. In section 410-F of the pr~ncipalAct, for the expression "Conuntssioner", in tw6 Amendment of
section
places where it occurs, the expression "District Collector" shall be substituted. 410-1:
I
( h ) for the expresston "Commissioner".-tlu: exptesslon "l)~strtctZollector"
i. shall be substituted;
G
i
m i -. a , U a m*-;me ~ - ~ x r a r r - m - - - - - - -- --
PART-V
AMENDMENTS TO 1I IE COIMBA*l'ORE CITY MUNIC'IPAL.
COUPORATION AC r. 198 1.
Amcndmcnt of 26. In section4 10-R ofthe Coimbatore City Mun~ctpalCorporatlotl Act. 108 1 (hereafter !,,,,I N~,J,,
scct1011 in this Part referred to as the prtnc~palAct). tn sub-sectton ( I ). for the expresston 2 5 01 1081
410-t3 "Commiss~oner", the expression "District ('ollector" shall be substituted.
Amendment of 27. In section 4 10-C of the prlncrpal Act,-
sectlon
410-c (1) for the expresston "C'omm~ssioner". ~n three places where t t occurs, the
expression “District Collector" shall be substituted;
(2) after sub-sectton (4), the followtng sub-sectton shall be added, namely:
" ( 5 ) The fee paid under sub-section ( 1 ) shall be credlted to the Gove~nmet~t
account In such manner as may be prescnbed.".
I ~ S L11011
I ot 28 Aftet scct~on4 10-C of the pr tuctpcll Act. the foIlo\v~~ip
sectloti shall he tnse~tcd.
new SeCtlOll nanely:--
41 0-CC
"4 1 0-CC. Tor on advel.twrnirnt on horrrtlllly~-(I) Notw~thstanding anything
contained in this Act, every person, who is granted licence under section 4 10-C shall pay,
on every advertisement on hoardings, a tax calculated at such rates as may be prescnbed,
having regard to the location, slze, reach and nature of the advertisement but subject to
the maxima and mtnlma specified in the Table below.-
THE TABLE
Locntron anti Nnt~~r-e Rates of lax per square
metre per halfyear.
(Rupees)
(1 (2)
Minimum Maximum
1. Hoardings in artertal road with bus ioute-
( ( I ) without ltghttng
( b )with ordlnary l~ghtlng
( c )w ~ t hneon or mercury lighttng
2. Hoardings in main road with bus route--
( a )without llghtlng
( b )with 01-dtnary lighting
( c )wtth neon or mercury lighttng
3. Hoarding:; ~nother road or street- --
((I) n ~ t h o t lighting
~t
( h ) wtth ordlnary Iight~ng
- -- -- - - _ -__
P .:- wz <'U r,w *U r, l b I t"
J I o- I)
,, Corporation Act, 1994, Tirunelvell City Municipal Corporation Act, 1994 and Salem City
Municipal Corporation Act, 1994, shall be deemed to have been granted by the District :dtzymen
appllcations
Act
81. Collector under the relevant Act; as amended by this Act.
(2) All Applications for licence to erect hoardings, pending before the Commissioner
or the executive authority, as the case may be, on the date of commencemelit of this Act,
shall stand transferred to the District Collector concerned.
(3) The District Collector shall dispose of the application transferred under su9-
section (2) in accordance with the provisions of the relevant Acts.
(4) No tax on advertlsen~enton hoard~ngsshall be levled 111 respect of any perlr~d
for which such tax has already been patd under the relevant Acts befort. the date of
commencement of this Act.
I
9 .. The following Act of the Tamil Nadu Legislative Assenibly received the assent of the .
Governor o n the 14th November 2003 and is hereby published for general information:-
PART-I
PRELIMINARY
1. ( I ) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment) Short title and
Act, 2003. commence-
ment.
(2) It shall be deemed to have come into force on the 19th July 2003.
Exp1anatiorr.-Where a building is owned or occtipied by more than one person, every such
person shall be liable under this sub-section.
' b)where the rain ~ i t e r h a r v e s t i nstructure
~ is not provided as required under sub-section
(2), the 'Cominiisiondr'or arly pe$on authorised by him in this behalf may, aAer giving notice to
the owner or occupier of the building, cause rain water harvesting structure to be provided in s9cIi.
building and tkcjovff&e'cost.of such provision along with the incidental expense thereof in theh
f*
1. same manner as pro$rty tax. ' ,
(4J Notwith tandieg any action taken under, sub-section (3), where the owner or occupier
I
of the buildirip: Bils o provide the'rain water harvesting structure in the bBilding before the date
as may'be prescribed, the water supply connection provided to such building shall be disconnecteid
till rain water harvesting strycture is brovided.".
c , .
PART-I II
E
i
I
DTP--IV-2 Ex 1320) la
I
' . I
i
(3) Where the rain water harvesting struchre is not provided as required under
sub-section (2), the Executive Authority or any person authorised by him in this behalf may,
after giving notice to the owner or occhpier of the building, cause rain water harvesting
I
structure to be provided in such building and recover the cost of such provision along with
I t h e incidental expense thereof in the same manner as property tax.
1
, (4) Notwithsanding any action taken under sub-section (3), where the owner or
!
octhpier of the building fails to provide the rain water harvesting structure in the building
I
before the date hs may be prescribed, the water supply connection provided to such
I building shall be disconnected till rain water harvesting structure is provided.".
~'
i!
PART-IV
' ,
o r occupier crf the: building fails to provide the rain water harvesting structure in the
building before the datc as may be prescribed, the water supply connection provided
PA RT-V
ACT, 1981.
i
Insertion of 5 . Aftel. section 295 of the Coimbatore City Municipal Corporation Act, 1981, Tamil Nab
ne'4' scctio" the followini; section shall be inserted, namely:--
295-A.
"295-A Provision f!f'h'rrirlbV(~tcr.har-vesti~rgStrucft1r.r.---(1)I n every building
.
owned or oc:cupued by the Government or a statutory body or a comparly or an
institution owned or controlled by the Government, rain water harvesting structure
1
- ,p "p ' " ' p " " * Y - #fn rr " '"-3g Tp#?arir*P
(3) Where the rain water harvesting structure is not provided as required under
sub-section (2), the Commissioner or 2ny person authorised by him in this behalf may, after
giving notice to the owner or occupier of the building, cause rain water harvesting structure to
be provided in such building and recover the cost of such provision along with the incidental
expense thereof in the same manner as property tax.
(4) Notwithstanding ady action taken under sub-section (3), where the owner or
occupier of the building fails to provide the rain water harvesting structure in the building
before the date as may be prescribed, the water supply connection provided to such building
shall be disconnected till rain water harvesting structure is provided.
6. (1) The Tamil Nadu Municipal Laws (Second Amendment) Ordinance, 2003 is Repeal and
4 hereby repealed. saving.
(2) Notwithstanding such repeal, anything done or any action taken under the
~ h e n n aCity
i Municipal Corporation Act, 1919, the Tam1 Nadu Distrlct Municlpalitles Act,
A. K R I S H N A N K ~ A Y N A m ,
Secrrtaiy to Government.
Low Department.
I j i - -- l a - z e r a -
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 1st September 2006 and is hereby published for general
information :-
i
.on his becoming disqualified for holding the office o'f on his removal frorn office or
on the expiiy of his term of office or on h ~ sotherwise ceasing o be the Mayor or
Deputy Mayor, as the case may be.".
3 After Section 44-i$A of the 1919 Act. the follow~no sectlons shall be Insertcon of
inserted. namely:- new secltons
44.AB and
"44-AB. State Governmellt to ren?ove Mayor or Deputy Mayor.-(1 ) The State 44-AC
Government may. by notification, remove a hdayor or a Deputy Mayor, who In their
opinion wilfully omits or refuses to car+p out or disobeys the provisions of this Act
.or any rules, by-laws, regutattot~sor Iil~fUlorders Issued under this Act or abuses
the powers vested In hlm
84 TAMIL NADU GOVERNMENT GAZETTE EX I K A u ~ ( L ) I I u H ~
- - -- ---- --- -
-- -- --
(2) The State Government shall, when they propose to take action under
sub-section ( I ) , give the Mayor or Deputy Mayor concerned an opportunity for
explanation, and the notification issued under the said sub-section shall contain a
statement of the reasons of the State Government for the action taken.
( 3 ) Any person removed under sub-section ( 1 ) from the Office of the ,
Mayor or Deputy Mayor shall not be eiigible for election to the said office u'ntil the
date on which notice of the next ordinary elections to the council is published in
the prescribed manner, or the expiry of one year frorn the date specified in such
notification.
; no-confidence in Mayor or Deplrty Mayor.-(1) Subject to
44-AC. ~ o t i o r of
the provisior~sof this sect~on,a m o t i ~ nexpressing want of confidence in the Mayor
or Deputy Mayor may be made in accordance with the procedure laid down herein.
1
ritten notice of intention to make the motion, in such form as may be
Government, signed by such number of councillcrs as shall
than one half of the sanctioned strength of the council, together
motion which is proposed to be made, shall be deliversd in
by any two of the councillors signing the notice.
( 3 ) ?he commissioner shall then convene a meeting for the consideration
of the rnotio'n, to be held at the Municipal Office, at a time appointed by him which
shall n3t be later than thirty days from the date on which the notice under
sub-section ( 2 ) was delivered to him. He shall give to the councillors notice of not
less than fifteen clear days of such meeting and of the time appointed therefor.
(4) The comrn~ssionershall preside at the meeting convened under this
section, and no other person shall preside thereat. If within half an hour after the
time appointed for the meeting the commissioner is not present to preside at the
meeting, the meeting shall stand adjourned to a t~meto be appointed and notrfied
to the councillors by the commissioner under sub-section (5).
(5) If the commissioner is unable to preside at the meeting, he may, after
recording his reasons in writing, adjourn the meeting to such other time as he may
appoint. The date so appointed shall not be later than thirty days from the date
appointed for the meeting under sub-section (3). Notice of not less than seven
clear days shall be given to the councillors of the time appe+intedfor the adjoi~rned
meeting.
(6) Save as provided in sub-sections (4) and (5),a meeting convened for
the purpose of considering a mot~onunder this sect~onshall not for any reason be
adjourned.
(7) As soon as the meeting convened under this sectiop has commenced,
the commissioner shall read to the council. the motion for the consideration-of
which it has been convened and.declare it to be open for debate.
..
(8) No debate on any motion under this section .shal be adjourned.
. .
(9) Such debate shall automatically terminate on the expiry of two hours
from the time appointed for the commencement'of the meeting, if it is not'coneluded
earlier. Upon the conclusion of the debate or upon the expiry of the said period of
two hours, as the case may be, the motion shall be put to the vote of the council.
(10) The commissioner shall not. speak on the, merits of the motiqn, nor
shall he be entitled to vote thereon. . 5
(11) A copy of the minutes of the meeting together with a copy of the
motion and the result of the voting thereon shall forthwith on the termination of the
meeting be forwarded by the commissioner to the state Government.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 85
--- - --- --- .-- - --- -- -
(12) If the motion is carried with the support of not less than three-fifth of
the sanctioned strength of the council, the State Government shall, by notification,
remove the Mayor or the Deputy Mayor, as the case may be.
(14) No notice of a motion under this section shall be received within six
months of the assumption of office by a Mayor or a Deputy Mayor.".
4. After section 46-A of the 1919 Act, the following section shall be inserted, Insertion of
namely:- new sect~on
46-AA .
"46-AA. Special provision relating to election.-Notwithstanding anything
contained in this Act or the rules made or orders issued under this /kt, for the first
election to the council to be held immediately after the 14th day ofjJuly 2006, the
territorial area of the divisions of the city, the total number of
number of councillors to be returned from such divisions shall be
exist on the 14th day of July 2006.".
I
6. In section 348 of the 1919 Act, clauses (a) and (b) shall be omitted
Amendment of
sect~on59.
Amendment of
section 348
lnsert~onof 8. After sectton 48-A of the 1971 Act, the following sections shall be inserted,
new sectlons namely -
48-AA and
4 8 - ~ ~ "48-.AA. State Gover~~ment to remove Mayor or Deputy Mayor.-(1) The
State Government may, by notrflcation, remove a Mayor or a Deputy Mayor, who
in the11opinion w~lfullyorrlits or refuses to carry out or d~sobeysthe provi~ionsof .
this Act or any rules, by-laws, regulations rnade or lawful orders issued under thls
Act or sbuses the powers vested in htm.
(2) The State Government shall, when they propose to take action under
sub-section ( I ) , give the Mayor or Deputy Mayor concerned an opportunity for
explanation, and the notification issued under the said sub-section shall contain a
statement of the reasons of the State Government for the action taken.
i (3) Any person removed under sub-sect~on(1) from the offlce of the Mayor
I
or Deputy Mayor shall r~otbe el~giblefor election to the said office until the date
on which notice of the next ordlnary elections to the council is published In the
prescribed manner, or expiry of one year from the date specified in such notification.
48-Af3.Motion of no-confidence in Mayor or Deputy Mayor.-(1) Subject
to the provisibns of this section, a motion expressing want of, confidence in the
Mayor or Deputy Mayor may be made in accordance with the procedure laid
,down herein.
-.--
(2) Written natice ofdntention to make the motion, in such form as may be
I
.f~xedby the State Government, sigrqd by sucti number of councillors as shall
_
f
1 - - ,-- - - -- constitute not iess than one half of thesanctioned strength of the council, together
i; with a copy of the motion which is proposed to be made, shall be delivered in
person to the commissioner by any two of the councillors signing the notice.
1
1 *
(3) The commissioner shall then convene a meeting for the consideration
of the lnotion, twbe h&i at the mun@pal'office, at a .time appointed by him which
shall not be later than thirty days from the date on which the ndrce under sub-
section (2) was delivered to him. He shaU give to thecouncillors notice of not less
than fifteen clear days of such meeting and of the time. appointed therefor.
- - - - - .. - - - --
(4) The commissioner shall preside at the meeting convened under this
section, and no dher person shall preside thereat. If within half an hour after the
time appointed for the meet~ngthe commissioner~isnot-@resentto preside at the
meeting, the meetlng shall stand adjourned to a time to be appointed and notifled
to the councillors by the commissioner under sub-section (5).
( 5 ) If the commiss~oneris unable to preside at the meeting, he may, after
recording his reasons in writing, adjourn the meeting to such other time as he may
appoint. The date so appointed shall not be later than thirty days from the date
appointed for the meehng under sub-section (3). Notice of not less than seven
clear days shall be given to the councillors of the time appointed for the adjourned
meeting.
(6) Save as provided in sub-sections (4) and (5).a meeting convened for
the purpose of considering a motion under this section shalt not for any reason be
adjourned.
(7) As soon as the meeting convened under this section has commenced,
the commissioner shall read to the council the motion for the cons~derationof
which it has been convened and declare it to be open for debate.
(8) No debate on any motion under this section shall be adjourned.
(9) Such debate shall automatically terminate on the expiry of two hours
from the trme appointed for the commencement of the meeting, if it is not concluded
earher. Upon the conclus~onof the debate or upon the expiry of the sa~dperiod of
two hours, as the case rnay be, the motion shall he ~ L I !to the vole of the council
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - 87
-
(10) The commissioner shall not speak on the merits of the motion, nor
shall he be entitled to vote thereon.
(11) A copy of the minutes of the meeting together with a copy of the
motion and the result of the voting thereon shall forthwith on the termination of the
,
meeting be forwarded by the commissioner to the State Government. e
(12) If the motion is carried with the support of not less than three-fifth of
the sanctioned strength of the council, the State Government shall, by notification,
remove the Mayor or the Deplity Mayor, as the case may be.
(14) No notice of a motion under this section shall be received within six
months of the assumption of office by a Mayor or a Deputy Mayor.".
9. After section 50 of the 1971 Act, the following section shall be inserted, Insertion of
namely:-, new section
50-A
50-A. Special provision relating to election.-Notwithstanding an$hing
contained in this Act or the rules made or orders issued under this Act, for the first
election to the council to be held immediately after the 14th day of July 2006, the
territorial area of the-wards of the city, the total number of wards and the total
number of councillors to be returned from such wards shall be the same as they
exist on the 14th day of July 2006.".
10. In section 66 of the 1971 Act, in sub-section (2), in clause (b), for the Amendment of
words "councillor or Mayor", the word "councillor" shall be substituted. section 66.
PART-IV.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPOWinON
ACT, 1981.
m ~Nadu
l Act 11. For sections 29 and 30 of the Coimbatore City Municipal Corporation Act, Subst~tutionof
5 of 1981 sections 29
198l(hereinafter in this Part referred to as the 1981 Act), the following sections and 30.
shall be substituted, namely:-
"29. Election of Mayor and Deputy Mayor.-(1) The council shall, at its first
meeting after each ordinary election to the council,-
(i) elect one of its councillors to be the Mayor: and
(ii) elect one of its councillors other than the Mayor ,lo be the
Deputy Mayor.
(2) A Deputy Mayor on being elected as Mayor shall cease to be the
Deputy Mayor.
30. Term of office of Mayor and Deputy Mayor.-(1) The Mayor or Deputy
Mayor shall be entitled to hold office for a period of five years from the date of his
election provided that in the meantime he does not cease to be tpe councillor.
I
(2) On the occurrence of any vacancy in the office of Mayor or Deputy
Mayqr, the council shall, within such time as may be prescribed, e ~ e ba successor.
'
who shall be entitled to hold office so long as the person in
elected would have been entitled to hold it if the vacancy
(3) A Mayor or a Deputy Mayor shall be deeved to have vggated his office
6; his beconing disqualified for holding the office or on his removal fromoffice or
an the expiry of his term of office or on his
'
otherwise ceasing to be the Mayor or
I
Deputy Mayor, as the case may be.". I
I
1 . , ,,'8fk<L L ,,
Insertion of 12. After section 50-A of the 1981 Act, the followi,ng sections>shpllbeinsqrted. .
new sections rrlamely:-
50-8 and + , ,
(2) The State Government shall, when they propose to take action under
sub-sectton (I), give the Mayor or Deputy Mayor concerned an opportunity for
explanation, and the notification issued under the said sub-section shall contain a
statement of the reasons of the State Government for the action. taken. . t
(3) Any person removed under sub-section (1) from the office of the Mayor
or Deputy Mayor shall not be eligible for election to the said office until the date
on which notice of the next ordinary elections to the council is published in the
prescribed manner, or the expiry of one year from the date specified in such
notification.
50-C. Motion of no-confidence in Mayor or Deputy Mayor.-(1) Subject to the
provisions of this section, a motion expressing want of confidence in the Mayor or
Deputy Mayor may be made in accordance with the procedure laid down herein.
(2) Written notice of intention to make the motion, in such form as may be
fixed by the State Government, signed by such number of councillors as shall
constitute not less than one half of the sanctioned strength of the council, together
with a copy of the motion which is proposed to be made, shall be delivered in
person to the commissioner by any two of the councillors signing the notice.
(3) The commissioner shall then convene a meeting for the consideration
of the motion, to be held at the Municipal Office, at a time appointed by him which
shall not be later than thirty days from the date on which the notice under
sub-section (2) was delivered to him. He shall give to the councillors notlce of not
less than fifteen clear days of such meeting and of the time appointed therefor.
(4) The commissioner shall preside at the meeting convened under this
section, and no other person shall preside thereat. If within half an hour after the
time appointed for the meeting the commiss~oneris not present to preside at ths
meeting, the meeting shall stand adjourned to a time to be appointed and notified
to the councillors by the commissioner under sub-section (5).
(5) If the commissioner 1s unable to preside at the meeting, he may, after
recording his reasons in writing, adjourn the meeting to such other time as he may
appoint. T7e date so appointed shall not be later than thirty days from the date
appointed for the meeting under sub-section (3). Notice of not less than seven
clear days shall be given to the counc~llorsof the time appointed for the adjourned
meeting.
(g) Save as provided in sub-sections (4) and ( 5 ) , a meeting convened for
the ptirpo *e of constderlng a motion under this section shall not for any reason be
adjourned.
7'
(7) As soon as the meetrng convened under this section has commenced,
the comrriissioner shall read to the council the motion for the consideration of
whlch it k'as been conveqed and declare it to be open for debate
T~MIL,!~.,NADU~
GOVERNMENT G'AZETTE EXTRAORDINARY ..".. ....8,9i
.> 7 , ,) *
(8) No debate ori any motion under this section' shall be adjourned. ,. l,. 3
(9) Such debate shall automatically terminate on the expiry of two hours
from the tinld'appointed for the commencement of the meeting, if it is not concluded tr ' q ?, I )
I (
r. 1
earlier. Upon the conclusion o i the debate or upon the expiry of the said period of r
,,
.-t
two hours, as the case may be, the motion shall be put to the vote of the council.
(10) The' commissioner shall not speak on the merits of the motion, nor
shall he be entitled to vote thereon.
1 <(I
1) A' copy' of the minutes of the meeting togethet with a copy of the
motion and the result of the voting thereon shall forthwith on the termination of the
meeting be forwarded by the commissioner to the State Government.
(12) If the motion is carried with the support of not less than three-fifth of
the sanctioned strength of the council, the State Government shall, by notification,
remove the Mayor or the Deputy Mayor, as the case may be.
(13) If the motion is not carried by such a majority as aforesaid, or if the
meeting cannot be held for want of a quorum, no notice of any subsc?quentmotion
expressing want of confidence in the same Mayor or the Deputy Mayor shall be
received until after the expiry of six months from the date of the meeting.
(14) No notice of a motion under this sedion shall be received within six
months of the assumption of office by a Mayor or a Deputy Mayor.".
13. After section 52 of the 1981 Act, the following section shall be inserted, Insertion of
new section
namely:- 52-A
"52-A. Special provision relating to election.-Notwithstancling anything
contained in this Act or the rules made or orders issued under this Act fctr the first
election to the council to be held immediately after the 14th day of July 2006, the
territorial area of the divisions of the city, the total number of division3 and the total
number of councillors to be returned from such divisions shall be the same as they
exist on the 14th day of July 2006.".
PART V
tI
14. In section 68 of the 1981 Act, in sub-section (2). in clau e (b), for the Amendment of
sectlon 68
m ~Nadu
l 15. In the Tamil Nadu-District Municipalities Act, 1920 (hereinafter in this Part Amendment
ct V of of section 3.
referred to as the 1920 Act), in section 3,-
920
(I) in clause (7-A), for the expression "Third Grade municipality", the
expression "Third Grade municipality, town panchayat" shall be substituted;
(2) in clause (12-C), for the expression "Third Grade municipality", the
expression "Third Grade municipality, the town panchayat" shall be substituted;
(3) for clause (18-A), the following clause shall be substituted, namely:-
"(18-A) "panchayat town" means an area in transition from a rural area
to an urban area classified as panchayat town under section 3-P;";
( 4 ) in clause (29-A), for the expression "Third Grade municipality", the
expression "Third Grade municipality or town panchayat" shall be substituted;
(5) after clause (29-A), the following clause shall be inserted, namely'--
"(29-AA) "transitional area" means an area in transition from a rural
area to an urban area classified as transitional area under section 3-B;".
90 TAMIL NADU GOVERNMENT GALE I I k LA r 4 ,, i, . ,.d llr . I
1
-3
Amendment of
3-F
tnsert~onof
new Chapter
16. In secUon 3-F of the 1920 Act, in sub-section (1). the expression "(exc~usive
of its chairman)" shall be omitted;
17. After Chapter I-A of the 1920 Act, the following Chapter shall be inserted,
namely:-
I
1-0
"CHAPTER 1-6.
TOWN PANCHAYATS.
3-0. Application of Chapter.-This Chapter shall apply only to the town
panchayats.
3-P. Formation of town panchayats.-(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 less than thirty thousand as a panchayat town for the
purposes of this Act; and
( b ) shall, by notification, specify the name of such panchayat town.
(2) In every panchayat town declared as such under sub-section (I), there
shall be established a town panchayat.
(3) (a) The Governor may, by notification, exclude from a panchayat town
any area crjmprised therein.
In regard to any area excluded under clause (a), the Governor
under sub-section ( I ) , declare it to be a panchayat town or
panchayat town under clause (c) (i).
/ (c) The Governor may, by notification.-
I (,) include in a panchayat town any local area contguous thereto: or
!
I
, L \
, . I , 1
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 91
- _ _ _
(b) the members of the Council of States who atre registered as
electors within the area of the town panchayat.
(3) The members of the House of the People, the State Legislative
Assembly and the Council of States referred to in clauses (a) ancl (b) of sub-
section (2) shall be entitled to take part in the proceedings, but shall not have the
right to vate in the meetings, of the town panchayat.
I
3-R. Incorporation of town panchayats.-(1) A town pa shall be
constituted for each panchayat town consisting of such number of
with effect from such date as may be specified in the
behalf by the Governor.
(2) Subject to the provisions of this Act. the administration/ofthe panchayat
town shall vest in the town panchayat, but the town panchayat shall not be entitled
to exercise functions expressly assigned by or under this Act or any other law to
its chairman or to any other authority.
(3) Every town panchayat shall be a body corporate by the name of the
panchayat town specified in the notification issued under section 3-P, shall have
perpetual succession and a common seal, and subject to any restrictions or
qualifications imposed by or under this Act or any other law, shall be vested with
the capacity of suing or being sued in its corporate name, or acquiring, holding and
transferring property, movable or immovable or entering into contracts and of doing
all things necessary, proper or expedient for the purpose for which it is constituted.
3-S.Alteration of classification of panchayat towns.-(1) The Governor may
alter any classification, notified under sub- section (1) of section 3-P, if in his
opinion, the panchayat town satisfies or ceases to satisfy the conditions referred
to in that sub-section.
(2) Any decision made by the Governor under this section shall not be
questioned in a court of law.
3-T. Strength of a town panchayat.-(1 ) Notwiths~a.idinganything contained in
this Act, the total number of members of a town panchayat shall be notified by the
Inspector In accordance with such scale as may be prescribed with reference to
the population ds ascertained at the last preceeding census of which the relevant
figures have been published.
(2) The Inspector may, from time to time, by notification, alter the total
number of members of a town panchayat notified under sub-section (1).
3-U. Duration of town panchayat.-(1) Every town panchayat, unless sooner
dissolved, shall continue for five years beginning from the date appointed for its
first meeting after each ordinary election and no longer and the expiration of the
,-. said per~odof five years shall operate as a dissolution of the town panchayat.
(2) An election to constitute a town panchayat shall be completed.-
(a) before the expiry of its durat~onspecified in sub- section (1); or
( h ) before the exp~rationof a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved
town panchayat would have continued is less than six months, it shall not be
necessary to hold any elect~onfor constituting the town panchayat for such period
I
I
i
92 TAMIL NADU GOVERNMENT GAZETTE E X T K A O K D I N A ~ )
- ---
1
ELECTION AND TERM OF OFFICE OF MEMBERS.
3-V. 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 preqcribed:
'
t
3-W. R servation of seats.-(1) Seats shall be reserved for the persons
belonging t the Scheduled Castes and the Scheduled Tribes in every town
pancha;{at qnd the number of seats so reserved shall bear, as nearly as may be.
the same pr;oport~on to the total number of seats to be filled by direct election in
that town (anchayat as the population of the Scheduled Castes in the town
panchayat area, or of the Scheduled Tribes in that town panchayat area, bears to
the total population of that area.
(2) Seats shall be reserved for women belonging to the Scheduled Castes
and the Scheduled Tribes from among the seats reserved for the persons belonging
to the Scheduled Castes and the Scheduled Tribes which shall not be less than
one-third ol the to!sl number of seats reserved for the persons belonging to the
Scheduled Castes and the Scheduled Tribes.
(3) Seats shall be reserved for women in the town panchayat and the
number of seats reserved for women shall not be less than one-third (including the
number of seats reserved for women belonging to the Scheduled Castes and the
Scheduled Tribes) of the total number of seats in the town panchayat.
(4) (a) The offices of the chairmen of the town panchayats shall be
reserved for the persons belonging to the Scheduled Castes and the Scheduled
Tribes and the number of offices so reserved shall bear, as nearly as may be, the
same proportion to the total number of offices in the State as the population of the
Schecluled Castes in all the town panchayats in the State or the Scheduled Tribes
in all the town panchayats in the State, bears to thei total
- , population of all the town
(5) The offices of the chairmen of the town pgnchayats shall be reserved
for women and the number of offices reserved for,women shall not be less .than
one-third (including the number of offices reserved for ,women belonging a t h e
Scheduled Castes and the Scheduled Tribes) qf the tot'al number of offices of the
chairmen of the town panchayats in the State:
% .
Provided that the offices reserved under this sub-section and under sub-
section (4) shall be allotted by rotation to different town panchayats in such manner
as may be prescribed.
(6) The reservation of seats under sub-sections (1) and (2) and the
reservation of offices of chairmen under sub-section (4) shall cease to have effect
on the expiration of the period specified in Article 334 o!
the Constitution.
3-X. Division of town panchayats ir~towards.-(1 ) For the purpose of election
of members to a town panchayat, the Inspector shall, after consulting the town
panchayat, by notification, divide the panchayat town into wards and determine the
number of members to be elected in accordance with such scales as may be
prescribed.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY . 93
- -
I (2) Only one member shall be elected f ~ each
~ m ward.
of ofice of members.-(1) Except as otherwise provided in this Act,
3-Y. ~ e r m
members of every town panchayat elected at an ordinary election shall hold office
for a term of five years. .-
..
? . .
(2) The term of office of the members elected at ordinary election shsll \
commence on the date appointed for the first meeting of 'the town panchayat after J
.
G7b,.,
(3) The member of a town panchayat elected in a casual vacancy shall I -1.7
enter upon the office forthwith but shall hold office-only so long as the member in .. I ) t. L ~ P
wh'bse plhbe he'g'elected would have been entitled so hold office, if the vacancy
. a
, :I
had not occurred.
a.
-' 3-2.Electoral roll:-(!) The electoral roll of a town panchayat shall be the
same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and
revised in accordance wjth..the provisions of law for the time being in force in a
panchayat town and shall be deemed to* be the electoral roll for such town
panchayat for the purposes of this Act.
(2) 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 elections in any town panchayat and before the notification of the
result of such election shall form part of the electoral roll for such election, for the
purposes of this section.
3-AA. 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 !ime being in force elsewhere in
the State of Tamil Nadu but not in the panchayat town shall apply to tliat town
panchayat to such extent and subject to such modifications, add~tionsarld restrict~ons
as may be specified in the notification.
3-BB. Chapter to override other laws.-(1) The provisions of th~schapter shall
have effect notwithstanding anything inconsistent therewith contamed In this Act or
any other law.
(2) Save as otherwise provided ~nsub-section (1). the provisions of this
Chapter shall be in addition to, and not in derogation of, any other provisions of
this Act.
I
3-CC. Specral provisions relatrng to vrllage panchayat constitirted as town
panchayat.-(1) Notwithstanding anyth~ngcontained In this Act,--
I
( a ) the president and members of a village panchayat, wh are elected
or deemed to have been elected and holding office as such lrnmed~atly before the
date of co~stitutionof such village panchayat as town panchayat u der this Act,
shall be deemed to be the chairman and members of such town panc ayat elected
under this Act and such chairman and members shall cont~nueto h o d offlce upto
such date as the State 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 offlce would expire
under the Tamil Nadu Panchayats Act. 1994 (Tamil Nadu Act 21 of 1994) and such
chairman and members shall exercise all powers and perform all duties conferred
on the chairman and members by or under th~sAct.
( b ) all the employees, other than the provincialised employees of-the
vlllage, panchayat immediately before its constitution as town panchayat shall be
'
the employees of such town panchayat under th~sAct The prov~nc~al~sed employees
shall continue to serve under the town panchayat.
94 TAMIL PlADU GOVERNMENT GAZETTE EXTRAORDINARY
- ____ _ _ _ _ _______
_ _ -_ -_-_I_._.- ---
._ *-__-..
E
il sub-section ( I).".
Amendment of 18. In section 7 of the 1920 Act, in sub-section ( I ) , the expression "exclusive
l section 7 of its c:hairmanWshall be omitted.
I
i Om~ss~on of
sectlon 7-A
Amendment of
19. Section 7-A of the 1920 Act. shall be omitted.
i
27. In section 40-A of the 1920 Act,-- Amendment,of
section 40-A.
(1) in the marginal heading, for the expression "vice- c airman", the
expressior, "chairman or vice-chairman" shall be substituted;
(2) in sub-section (1). for the expression "vice-chairmann, thb expression
"chairman or vice-chairman" shall be substituted;
(3) in sub-section (12), for the expression "vice-chairman", the expression
"chairman or vice-chairman, as the case may be" shall be substituted;
(4)in sub-section (13), for the expression "vice-chairman", the expression
"chairman or vice-chairman" shall be substituted;
(5) in sub-section (14), for the expression "vice-chairman", the expression
"chairman or vice-chairman, as the case may be" shall be substituted.
28. Section 40-8 of the 1920 Act, shall be omitted. Omission of
section 40-8.
29. After section 43-A of the 1920 Act, the following section shall be inserted, Insertion of
namely:- new section
43-AA
"43-AA. Special provision relating to election.-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.".
30. In section 43-6 of the 1920 Act, including the marginal heading, for the Amendment of
section 43-8.
expression "Third Grade Munrcipalities", the expressirn "Third Grade Municipalities
and Town Panchayats" shall be substituted.
31. In section 43-C of the 1920 Act, in sub-section (Z),for the words "councillor Amendment of
section 43-C.
or chairman", the word "councillor" shall be substituted.
Amendment of
32. In section 48 of the 1920 Act,- section 4 8
(1) in sub-section ( I ) , for the expression "chairman or as a councillor", the
word "councillor" shall be substituted;
(2) in sub-section (2), for the expression "chairman or as councillor", the
word "qouncillor" shall be substituted.
96 TAMIL NADU GOVERNMENT GAZETTE EX'I Kjvt.iJliJnF:', n -
-
Amendment of 33. In. section 49 of the 1920 Act,- % n
f
section 49. r'
(I) in sub-section (I), for the expression "c;lairman or,councillor", the word
"councillor" shall be substituted;
(2) in sub-section (2),-
.
(a) for the expression "as a chairman or election as a councillor", the
expressi~n"as a councillor" shall be substituted;
(b) in clause (e), for the expression "chairman or a councillor", occurring
in two places, the expression "a councillor" shall be substituted.
I Amendment of 34. In section 50 of the 1920 Act,-
I
I
section 50.
(1) in the marginal heading, for the expression 'chairman or councillors",
the word "councillors" shall be substituted;
I
i (2) in silb-section
--,)I(
I
I
(i)for the expression "the chairman or a councillorn. the expression
"a councillor" shall be substituted;
1 (ii) for the expression "section 3-Cn, the expression, "section 3-C
or clauses (a) and (b) of sub-section (2) of section 3-Q" shall be substituted;
( b ) in clause (f), for the expression "of the chairman or any other
councillor", the expression "of any other councillor" shall be substituted;
(c) in clause (i),-
(i) for the expression "the chairman or councillor", the word
'councillor" shall be substituted;
(ii) in the proviso, the expression "chairman or" shall be omitted;
(3) in sub-section (4), the expression "the chairman or", wherever it
occurs, shall be omitted.
Amendment of 35. In section 51 of the 1920 Act.--
section 51:,~
(1) in the marginal heading, for the expression "chairman or councillor",
the word "councillor" shall be substituted;
(2) in sub-section (I), for the expressions "the chairman or a councillor",
"the cha,irman or any councillor" and -such chairman or councillors'.
the expr ssions "a councillor", "any councillor" and "such councillor" sha!l.
respectivfly, be substituted;
Amendment of
section 368.
a
( ) in sub-section (3), for the expression "chairman or the councrllor", the
word "co ncillor" shall be substituted.
36. 1 section 368 of the 1920 Act.-
i,
(1) in sub-section (Z),for the expression "chairman and counc~llors"the
worcl "councillors" shall be substituted;
(2) in sub-section (3), after the expression "until a chairman tias heeri
elected", occuring in two places, the expression "by the council" shall be inserted,
(3) in sub-section (S), for the expression "chairman and counc~llors tile
word "councillors" shall be substituted;
(4) in sub-section (6), for the expression "office of chairman and C O U ~ C I ~ ~sO' I
the expression "office of councillors" shall be substituted.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 97 I
v
- -
T 3du 37. (1) The Tamil Nadu Municipal Laws (Amendment ) Ordinance, 2006 is Repeal and
I
lnce
006
herebyrepealed. saving
r ladu (2) Notwithstanding such repeal, anything done or any action taken under
,( ' of
C the Chennai City Municipal Corporation Act, 1919, the Madurai City Municipal
Corporation Act, 1971, the Coimbatore City Municipal Corporation Act, 1981 and
the Tamil Nadu District Municipalities Act, 1920, as amended by the said Ordinance,
Jadu shall be deemed to have been done or taken under the Chennai City Municipal
.t 5of
Corporation Act, 1919, the Madurai City Municipal Corporation Act, 1971, the
Jadu Coimbatore City Municipal Corporation Act, 1981 and the Tamil Nadu District
of
Municipalities Act, 1920, as amended by this Act.".
II Jadu
I of
i'
S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Depadment.
__
-
_. _ __ _ --
.m
1.4
--
-
u .
----- -
. -.-.@,,iU
_
The following Act of the Tamil Nadu Legislative Assembly received the assent of
the Governor on the 12th November 2007 and is hereby published for general
information:-
PART-I.
PRELIMINARY.
1. (1) This Act may be .called the Tamil Nadu Municipal Laws (Amendment) Short title and
commence-
ment.
(2) It shall be deemed to have come into force on the 4th day of October
PART-11.
I (2) in sub-section ("2), for the expression "not less than three-fifth of the
sanctioned strength", the expression "not less than four-fifth of the san~tionedstrength"
shall be s ~ b s t ~ t u t e d ,
164 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
--
(3) in sub-s*ction (13), for the expressicn "six months", the expression
"one year" shall be substituted;
(4) for sub-section (14), the following sub-section shall be substituted, namely:-
"(14) No notice of a motion under this section shall be re;eived,-
(i) within one year c f the assumption of office by; or
(ii) during tne last year of the term of office of,
a Mayor or a Deputy Mayor.'.
Abatement of 5. Any motion expressing want of confidence in the Mayor or Deputy Mayor made
no under section 48-AB and pending before any officer, authority or the Government,
confidence as the case may be, as provided in section 48-AB, immediately before the
-
motion. commencement of this Act, stlall abate.
PART-IV.
(1) in sub-section (2), for the expression "not less than one half of the
sanctioned strength", the expression "not less than three-fifth of the sanctioned
strength" shall be substittrted;
(2) in sub-sectiorr (12), for the expression "not less than three-fifth of the
sanctioned strength", the e:lcpression "not less than four-fifth of the sanctioned strength"
shall be substituted;
(3) in sub-section (13)' for the expression "six months", the expression
'one year" shall be substituted;
(4) for sub-section (14), the following sub-section shall be substituted, namely:-
"(14) No riotice of a motion under this section shall be received,-
(i) within one year of the assumption of office by; or
(ii) during the last year of the term of office of,
a Mayor or a Deputy Mayor.".
Abatement 7. Any motion expressing want of confidence in the Mayor or Deputy Mayor made
of no under section 50-C and pending before any officer, authority or the Government,
confidence as the case may be, as provided in section 50-C, immediately before the commencement
motion. of this Act, shall abate.
PART-V.
10. (1) The Tamil Nadu Municipal Laws (Amendment) Ordinance, 2007 is hereby Repeal and
saving.
S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Department.
25
rAMIL N A D u GOVERNMENT GAZETTE
_____________I_._-
-----
EXTRAORDINARY -
~h~ foliowing ,A,C~ of the T l m i ! Nadri Legislative Ascemb'j received the assent of
Gcveinoi on the 19th Februery 2008 and is hereby published for general
1nforrnatlon:--
PART-I.
PRELIMINARY.
1. (1) 171, ; Act rrldr 17t, CJIICC! t l ~ r :f a n i ! Nddu h?~nicipatL.;-~ws (Amei7dment) Act, Short title and
2008 cornmence-
ment.
(2) It shall come Into force on such date as the Sta!e Government may, by
notification, appoini
PART-II.
A M E N D ~ ~ ~ E-ro
N T T ~ CHENNAI
E C I T ' ~MUNICIPP~L
CORPORATION A2T, 1919.
2. In ths Chennai City M u n ~ c ~ p aCorporation
l P,ct, 1919, sections 43.A and Omission of
3 3 - A shall be o;nitted sections
43-A and
358-A.
PART-II!.
AiLlENDMENT TO THE MADtiRAl CITY MiJNlCIPAL •
CORPORATION ACT 197:
3. In the Madurai City M u n ~ c ~ p aCorporat~on
l Act, 197 I , sections 4 5 4 and Omlssi0n of
443-A shall be orrritted. sect~ons
45-A and
443-A.
PART-I!'.
I
AMENDMENT 10 THE COIMBATORE CITY k/1UNICIpAL
C(?RPCIRATION ACT, 1981.
4. 111 the Co~mbatoie City M3c71ct~alCorporation Act, 1981, sections 47-A and O W ~ S Sof~ O ~
442-A shall be omitted. sections
47-A and
442-A.
FAIIT-V.
S DHEFNADHPYALAN,
Sectela~ylo Govcmmen!-~ncharge,
Law Depsrtme~it.
A
The following Act of the Tam11 Nadu Legislative Assembly received the assent of the
Governor on the 25th May 2008 and is hereby published for general information:-
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-ninth
Year of the Republic of India as follows.--
PART-I.
PRELIMINARY.
1. (1) This Act may be called the Tam11Nadu Municipal Laws (Fourth Amendment) Short title anc
commence-
ment.
(2) It shall come into force on such date as the State Government may, by
notification, appoint
PART-II.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL
CORPORATION ACT, 1919.
2. In section 326-C of the Chennai City Municipal Corporation Act, 1919, (hereinafter Amendment of
in this Part referred to as the principal Act), in sub-section (5),for the exp~ession"State section326-C.
Government account", the expression "Corporation account" shall be substituted.
3. In sectlon 326-CC of the principal Act, I l r sub-section (2), the following Amendment of
sub-sect~on shall be substltuted, namely:- section
326-CC.
"(2) The tax paid under sub-sectron (1) shall be credlted to the Corporation
account In such manner as may be prescribed.".
PART-Ill.
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
u Act 4. In section 285-C of the Tam11Nadu D~strictMunic~pal~ties Act, 1920, (hereinafter A endment of
20 in thls Part referred to as the principal Act), in sub-sectlon (5), for the expression "State 2ction
Government account", the expression " account of the munlc~pality,town panchayat or 2854.
Thlrd Grade munic~pal~ty, as the case may be, wlth~nwhose jur~sd~ct~on such fee has
been collected," shall be substituted
5. In sect~on 285-CC of the principal Act, for sub-section (2), the following Amendnent of
sub-section shall be substltuted, namely - section
285-CC.
"(2) The tax paid under sub-sectlon (1) shall be credlted to the account of the
mun~clpalrty, town panchayat sr Third Grade munlcipal~ty, as the case may be,
withln whose jurrsd~ct~onsuch tax has bean collected, in such manner as may be
prescribed "
F'ART-IV
7, In scctlon 470-CC of the principal Act, for sub-sectron (2), the ft~llowlng Amendment of
S\II)-\I;(,IIOI) ~ ~ 1 ~ ~ c1 ~
1 ~ ~ l ~ ~ri:~rn[~Iy-
, ~ i l ~ ~ ~ ~ ~ ( l , section
410-CC.
"(2) The tax paid under sub-section (1) shdll be credited to the Corporatlon
account 111 such manner as may be prescribed".
TAMIL N A N GOVERNMENT GAZETTE EXTRAORDINARY 137
-
The follow~ngAct of ~ I , L 'amrl Nadu Legislative Assembly recerved the assent of the
Governor on the 29th May 2008 and IS hereby published for general information:-
arntl N* I.(1) Thls Act may be called the Tamil Nadu M lnicipal Laws (Second Amendment) Short title and
Act Act, 2008 commence-
21 of 1991 ment
(2) It shall come rnto force on such date as the State Government may, by
not~f~cation,
appoint
PART- II
PART - Ill
(4) Thls section shall not apply to any elector whose absence may cause danger
or substantial loss in respect of the employment in which he is engaged.".
PART- IV
I or substantial
(4) This ection shall not apply to any elector whose absence may cause danger
:
loss in .respect of the employment in which he is engaged.".
I
PART -V
AMENDMENT T O THE TAMIL NADU DISTRICT
MUNIC!PALITIES ACT, 1920.
lnserrron of
new
/ 5. After section 43-8 of the Tamil Nadu Distnct Muncipalities Act. 1920,the following
sect~on shall be tnserted. namelv :-
section 43-BB
'43-66. Grant of paid holiday to employees on the day of pol/.-(1) Every person
employed in any business, trade. ind~lstrialundertaking or any other establishment and
entitled to vote at.election to any Municipality including Third Grade Municipality and Town
Panchayat shall, on the day of poll; b e granted a holiday.
(2) No deduction or abatement of the wages of any such person shall be made
on account of a holiday hav ng been granted In accordance with sub-section (1) and
if such person is employed on the basis that he would not ord~narilyrecelve wages for
such a cay, he shall nonetheless be paid for such Jay the wages he would have drawn
had not a holiday been granted 1-1 him, on that day.
. - --
I
ANl~NUmcn
n nv rn - -
Amendment of
,n he Urwic h m-m wdk
1 ~m,9,,ii section 390-A, for the
~ESCS*' Mll be substituted. section 390-A.
erpreSm
hnt
samemq to Government.
!
I
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
141
The following Act of the Tam11 Nadu Legislative Assembly rece~vedthe assent of the
Governor on the 29th May 2008 and IS hereby published for general information^-
PRELIMINARY
1. ( 1 ) This Act may be called the Tamil Nadu Municipal Laws Short title and
(I=~fthAmerldment) Act, 2008 commence-
ment
(2) It shall come into force on such date as the State Government may, by notification,
appolnt
PART- 11
PART- Ill
PART- IV
PART-I
PRELIMINARY
1. (1) T h ~ sAct may be called the Tamil Nadu Municipal Laws (Slxth Amendment) Short tltle and
Act, 2008 commence-
ment
(2) It shall come into force on such date as the State Government may, by
notification, appornt
PART-I I
(aa) a counc~l:"
3. For s e ~ t l 0 n 37 of the 1919 Act, the followlng sections shall be substituted, Subst~tut~onof
section 37
I
-
"37. Prerogative of the Mayor.-(1) The Mayor shall have full access to all records
of the corporatlon and may obtain reports from the cornmlssloner on any matter connected
w ~ t hthe admtnlstrat~on of the corporatlon
R
(2) All Important offlclal correspondence between the corporatlon and the State
Government as may be declded by the councll shall be conducted through the Mayor
Substitution of 5. For section 38 of the 1971 Act, the followrng sections shall be subst~tuted,
sect~on38 namely -
"38. Prerogative o f the Mayor.-(I) The Mayor shall have full access to all records
of the corporation and may obtaln reports from the comm~ssioneron any matter connected
w ~ t hthe adrn~n~strat~on of the corporat~on.
(2) All important offlcial correspondence between the corporation and the
Government as may be decrded by the councll shall be co lducted through the Mayor
(3) The Mayor shall be bound to transm~t comrnunlcat~ons addressed through
hlm by the commlssloner to the Government or by the Government to the commlssloner
While transmitting communicat~onsfrom the commlssroner to the Government, the Mayor
may make s ~ c hremarks as he thrnks necessary.
PART-IV
Substltut~onof 7. For section 39 of the 1981 Act, the following sections shall be subst~tuted.
sect~on39 namely'-
"39. Prerogative o f the Mayor.-(!) The Mayor shall have full access to all records
of the corporatlon and may obtaln reports from the comm~ssioneron any matter connected
w ~ t hthe admlnlstration of the corporatlon.
(2) All important officral correspondence between Ihe corporat~on and the
Government as may be declded by the counc~lshall be conducted through the Mayor
(3) The Mayor shall be bound to transm~tcommun~cat~ons addressed through
h ~ mby the commlssroner to the Government or by the Government to the comrnlssroner
Whlle transm~ttlngcommunlcat~onsfrom the commiss~onerto the Government the Mayor
may make such remarks as he thlnks necessary
39-A. Entrustment of additional functions to Mayor.-The Government may.
subject to the provlslons of this Act and the rules made thereunder, by notlflcatlon, entrust
to the Mayor such add~t~onal funct~onsas it may deem necessary for carrylng out the
purposes of thls A c t "
&
AMENDMENT T O T H E TIRUCHIRAPPALI-I CITY MUNICIPAL
CORPORATION ACT, 1994.
sectlon 4
"(1) a Mayor;
(I-a) a councll ;"
PART-VI
"(1) a Mayor ;
(I-a) a council ;".
PART-VII
A M E N D M E N T T O T H E SALEM C l T Y M U N I C I P A L
CORPORATION ACT, 1994.
"(1) a Mayor;
(I-a) a council;"
PART-VII I
AMENDMENT T O T H E TIRUPPUR C l T Y MUNICIPAL
CORPORATION ACT, 2008
11. In section 4 of the Tiruppur City Municipal Corporation Act, 2008, for clause Amendment of
(I), the following clauses shall be substituted, namely:- section 4.
"(1) a Mayor;
(1-a) a council.".
PART--IX
A M E N D M E N T T O T H E E R O n E C l T Y MUNICIPAL
CORPORATION ACT, 2008.
12. In sectlon 4 of the Erode City Municipal Corporation Act, 2008, Amendment of
for clause (11, the following clauses shall be substituted, namely:- section 4.
"(1) a Mayor;
(I-a) a council;"
r A M l L NADU GOVERNMENT GAZETTE EXTRAORDINARY 247
-
T h e follow~ngAct of the Tam11 Nadu Leglslatlve Assembly received the assent
of the Governor on the 29th November 2G08 and is hereby p u b l ~ s h e dfor
i
4
general lnformat~on -
ACT No. 55 OF 2008.
.
a An Act further to amend the laws relating to the Municipal Corporations in the
State of Tamil Nadu.
BE it enacted by the Leglslatlve Assembly of the State of Tamil Nadu in the F~fty-ninthYear
I of the Republ~cof lnd~aas follows.-
PART- I.
PRELIMINARY.
t
1. (1) Thls Act may be called the Tam11Nadu Munlc~palCorporat~onsLaws (Amendment) Short t~tleand
Act, 2008 commencement
(2) It shall be deemed to have come into force on the 26th day of August 2008.
PART - II.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.
PART- Ill
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.
Substitution of 4. For sections 97 and 98 of the Madurai City Municipal Corporation Act, 1971 (hereafter
sections97 in this Part referred to as the 1971 Act), the following sections shail be substituted.
and 98. namely:-
(iii) before the council, if the entire estimated cost exceeds fifty lakhs of
rupees;
p) the cor~cernedstanding committee or the standing committee on taxation and
finance or the counal, as the case may be, shall consider the report and may approve it
either in its entirety or subject to modifications or may reject the same.
icees (2) (a) Where the col~ncilapproves the project, subject to any modifications or
! has otherwise, the erltire estimated cos! of which excettds one crore of ri~pses,the same shall
be submitted to :he Government.
it)! The Government may sanctlon the project eithe~in its entirety or subject to
I! ms
!> een
modifications or may reject t'le salne and the work shall not be commenced without such
sanctron of the Government
s hail (c) Nu material change in the ~roj3r.tsanztioned as aforesaid shall he carried into
en! effect without the sanction of the Government.".
5. In section 99 of the 1971 Act, for sub-section (2),the following sub-suction shall be Amendment of
suostituted, namely:-- section 99.
"(2) Every contract on behalf of the corporation shall be made by the commissioner
subject to the following provisions, namely:-
(a) no contract the estimated cost of which does not exceed five lakhs of rupees
shall be made by the commissioner unless it has been sanctioned by the concerned wards
committee.
(I?) any contract the estmated cost of which exceeds five lakhs of rupees but
does not exceed ten I ~ k h sof rupcas shall be made by the commissioner;
(c) no contract the estiniated cost of which exceeds ten lakhs of rupees but does
not exceed twenty lakhs of rupees shall be made by the conlmissioner unless it has been
sanctioned by the Mayor;
(0) PO contract the estimated cost of which exceeds twenty lakhs of rupees but ' - "
does not exceed thirty lakhs of rupees shall be made by the commissioner unless it has
been sanctioned by the concerned standing committee (other than the standirg committee
on taxatiori and finance),
(e) n.2 contract the eslimated cost of which exceeds thirty lakhs of rupees but
docs not excc3ed fttty lakhs of rupees shall b e made by the commissioner unless it has been
sanctioned b y Ilic st,~ntlr ., romtrl~ttecon taxation and finance;
( f ) no contract the estlmated cost of whlch exceeds f~ftylakhs of rupees but does
not exceed one crore of rupees shall be made by the commlssroner unless ~t has been
sanctroned by the councrl,
(g) no contract the estimated cost of wh1~11
exceeds one clore ol r u ~ u c ssllall bc
made by the commlssloner unless ~t has been sanctroned by the Government,
(h) every contract the estlrnnted cost of whlch exceeds ten thousand rupees
made by the comrnlssloner shall be reported to the concerned standlng cornnilttee w~thln
flfleen days from \he date on whlch ~t has been made"
PART- IV
I
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.
I Subst~tut~on
of
I
(rrr) before the counc~l,~f the entlre estimated cost exceeds fifty lakhs of
rupees;
(b) the concerned standlng cornm~ttee,or the standing commlttee on taxation
and finance or the councrl, as the case may be, shall cons~derthe report and may approve
it e~therIn its entlrety or subject to mod~flcatlonsor may reject the same
(2) (a) Where the counc~lapproves the project, subject to any modifications Or
othemfise, the ent~reest~lnatedcost of whlch exceeds one crare of rupees, the same shall
be subm~ttedto the Government
(b) The Government may sanction the project either in its entirety or subject
)es
to modificat~onsor may reject the same and the work shall not be commenced w i t h o ~ such
~t
.en
sanction of the Government
(c) No material change in the project sanctioned as aforesaid shall be carried
be
! 4
into effect without the sanction of the Government ".
7. In section 101 of the 1981 Act. for sub-section (2). the following sub-section shall be Amendment of
'es section 101.
substituted, namely'-
hn
'(2) Every contract on behalf of the corporation shall be made by the commissioner
i
subject to the following provisions, namely:-
(a) no contract the estimated cost of which does not exceed five lakhs of rupees
1 shall be made by the commissioner unless it has been sanctioned by the concerned wards
81.
committee;
j81 Tarn11Ni
I
<, Act 25 (b) any contract the est~matedcost of which exceeds five lakhs of rupees but
1981 does not exceed ten lakhs of rupees shall be made by the commissioner;
he (c) no contract the estimated cost of which exceeds ten lakhs of rupees but does
1 not exceed twenty lakhs of rupees siall be made by the commissione-, unless it has been
i sanctioned by the Mayor;
I
the
(d) no contract the estimated cost of which exceeds twenty lakhs of rupees but
does not exceed thirty lakhs of rupees shall be made by the commissioner unless it has
(lot been sanctioned by the concerned standing committee (other than the standing committee
on taxation and finance),
ilot (e) no contract the estimated cost of which exceeds thirty lakhs of rupees but
does not exceed fifty lakhs of rupees shall be made by the commissioner unless it has been
sanctioned by the standing committee on taxation and f~nance;
)an (f) no contract the estimated cost of which exceeds fifty lakhs of rupees but does
not exceed one crore of rupees shall be made by the commissioner unless it has been
not sanctioned by the council,
I lce (g) no contract the estimated cost of which exceeds one crore of rupees shall be
made by the commissioner unless it has been sanctioned by the Government;
I
not (h) every contract the* estimated cost of which exceeds ten thousand rupees
made by the commissioner shall be reported to the concerned standing committee within
o f fifteen days from the date on which it has been made ".
I 8. (1) The Tamil Nadu Municipal Corporations Laws (Amendment) Ordinance, 2008 is Repeal and
IS t6 hereby repealed. saving
ich
J (2) Notwithstanding such repeal, anything done, or any action taken under the
~ch
Cherinai City Municipal Corporation Act, 1919, the Madurai City Municipal Corporation Act,
1971 and the Coimbatore City Municipal Corporatiop Act, 1981, as amended by the said
ing J Ordinance, shall be deemed to have been done or taken under the Chennai City Municipal
of Corporation Act, 1919, the Madura~City Municipal Corporation Act, 1971 and the Coimbatore
City Municipal Corporation Act, 1981, as amended by this Act
J
,Ire
s
J
of
'J
i
nn
8VIL
J
The followtng Act of the Tamil Nadu Legislative Assembly rece!ved the assent
of the Governor on the 29th November 2008 and is hereby published for
general rnforrnation'-
ACT No. 57 OF 2008.
A n Act further to amend the laws relating to the Municipal Corporations
and the Municipalities it? the Stale o f Tamil Nadu.
BE i t enacted by the Leg,-lat~veAssembly of the State of Tamil Nadu n the Fifty-ninth Year
of the Rept~blicof lndla as follows:-
PART - I
I I PRELIMINARY
1. (1) Thls Act may be called the Tamil Nadu Municcpal Laws (Seventh Amendment) Short title and
c )mmence-
Act, 2008.
ment
(2) I t shall come into force on such date as the State Government may,
by notification, appoint.
PART II -
I t
Irdu
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.
2. In section 52 of the Chennai City Munccipal Corporation Act, 1919 (hereafter ill t h ~ s Amendment of
'of Part referred to as the 1919 Act), after sub-section (1-A), the following sub-sectcon shall be section 52
1
i inserted, namely --
"(1-8) A person drsqualified for being a councillor under clause (eee) of
sub-section (1) of section 53 shall be d:squal~fiedfor election as a councillor for a period
i of SIX years from the date of such disqualification.".
3. In sectlon 53 of the 1919 Act, in sub-seclion (t), after clause (ee), the following clause Amendment of
shall be inserted, namely :- section 53.
"( eee) does not belong to Scheduled Caste or Scheduled T~ibe,but has been
elected from the seat reserved for Scheduled Caste or Scheduled Tribe, as the
case may be."
I PART Ill
I I AMENDMENTS 10 THE MADURAl CITY MUNICIPAL CORPORATION ACT. 1971.
1 fvU)(idu
drsdof
4. In section 56 of ttle Marlurai City Micnic~palCorporation Act, 1971 (hereafter irl this
Part referred to a!; the 1971 Act), after sub-section (1-A), the fallowing :ub-section shall be
Amendment of
section 56.
&dd inserted, namely:--
"(ee) does no1 belong to Scheduled Caste or Scheduled Trcbe but has been
elected from the seel reserved for Scheduled Caste or Scheduled Tribe, as the
case may be."
I PART - IV
I AMENDMENTS 'TO THE~COIMBATOREClTY MllNlCIPAL CORPORATION ACT, 1981.
du 6. In sect~on58 of the Co~rnbatoreClty Mun~ctpalCorporalcon Act, 1981 (hereafter irt this Amendment of
%of Part referred to as the 1981 Act) after suh.sectlon ( 2 ) , the following sub-sect~onshall be Sec"On
~nserted naniely -
'(2-A) A person disqualified for betng a counc~llor under clause (ff) of
sub-section (1) of sectlon 59 shall be disqualified for election as a counc~llorfor a period
of SIX yeals from Ihe date of such d~squabfication."
1 258 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
~ Amendment of
section 59
7. In scctlon 59 of the 1981 Act, 111sub section (1),
shall be inserted, rid~r~ely
--
;iflt:r clnt~sct(f). Ihc' follow~~icl
clrltlsr
'"0 does not belong to Scheduled Caste or Scheduled Trlbe, but has been elected from
the sr at reserved for Scheduled Caste or Scheduled Tr~be,as the case may be,"
PART - V
Amendment of 9. In section 50 of the 1920 Act, in sub-sect~on(I),after clause (dd), the followtng clause of 1994
sectlon 50 shall be ~nserted,namely --
"(ddd) does not belong to Scheduled Caste or Scheduled Tribe, but has been
eleited from the seat reserved for Scheduled Caste or Schediiled T r ~ b e ,as the
case may be;".
S. D H E E N A D H A Y A L A N ,
Secretary to Government,
Law Department.